MANSFIELD — Who are the current members of the Mansfield Metropolitan Housing Authority?
It will be up to the courts to decide.
Mansfield Mayor Tim Theaker filed a lawsuit Friday seeking a declaratory judgement from the Richland County Common Pleas Court.
In other words, Theaker’s office asked the court to issue a judgment on whether or not he can remove his appointees, Debra Chase and Isoleen Dunn.
Theaker has asked both Chase and Dunn to resign from the board, but they have not done so.
“Basically a declaratory judgment is an action asking the court to tell all of us what is the correct law and to apply the law to our present factual situation or present problem of not knowing who are the members of the board,” said John Spon, law director for the city of Mansfield.
“I think all these people participating are good people. But we live in a complex society and the law in this case is very complex. So we’re asking the court to make a decision to interpret the complexity of this law, so that the board can conduct business in a lawful manner.”
Common Pleas Judge Brent Robinson issued an immediate ex parte order Friday barring Chase and Dunn from acting as board members in any capacity until the matter can be settled.
“The concern that the mayor and I and others have is, unless a court will determine who are the proper members of the board, there’s a serious question as to whether or not any business conducted by this board would be recognized as lawful,” Spon said.
A hearing has been set for Feb. 21. Spon said the court will issue a preliminary injunction after the hearing, then set a court date for a final hearing.
“I’ve advised the court in my complaint that time is of the essence,” Spon said.
Theaker re-appointed Chase and Dunn to five year terms on the board in 2021 and 2022, respectively. In January, he asked them both to resign and threatened to take legal action if they did not do so voluntarily.
A few weeks later, both board members cast votes to terminate the contract of Steve Andrews, the former executive director. The vote passed 3-0.
Ohio law doesn’t specify whether metropolitan housing authority board members can be removed from office or the procedure for doing so.
The one exception is Ohio Revised Code 3735.27 (F)(1), which states that if the board’s resident member no longer qualifies as a resident, another resident member shall be appointed to serve the unexpired portion of that term.
Under the Ohio Revised Code, Theaker is required to appoint one board member who is a resident of a dwelling unit owned or managed by the authority.
In his complaint, Theaker stated that he “mistakenly” appointed Chase on May 1, 2021, believing at the time that she was a resident of property owned or managed by the authority.
On Jan. 23, Theaker sent a letter to Chase that said he was removing her “effective immediately” because she no longer met the legal requirements for the position.
A complaint for declaratory judgement and injunctive relief filed by the mayor’s office on Feb. 10.
Theaker’s complaint accused both Chase and Dunn of “willfully and knowingly” engaging in acts of misfeasance, malfeasance, unprofessionalism, failure to comply with Ohio law, and other objectionable conduct in their capacity as board members.
The complaint alleged they failed to approve meeting minutes, failed to approve purchase orders, destroyed original meeting minutes, violated the Ohio Open Meetings Law and jeopardized substantial monetary grants.
The complaint also stated that their failure to act in accordance with law and ethics seriously jeopardizes the City of Mansfield’s ability to receive millions of dollars in housing grants and aid.
Andrews helped the agency secure $5.5 million in bond-gap financing to help fund the construction of new affordable housing units. He had planned to pursue a 4-percent tax credit for the project in the spring.
“Steve is the one who understands all the ins and outs for development,” said Stephanie Hartzler, the organization’s acting executive director.
Hartzler has worked for the agency for 25 years and specializes in ensuring compliance with U.S. Dept. of Housing and Urban Development (HUD) guidelines. She said she doesn’t believe the upheaval among board members has hurt the agency’s ability to secure grant funding yet.
“I do believe that if something were to happen where (Steve) couldn’t follow through with it, we could find someone else to follow through with it, make some phone calls, do what needs to be done.”
“As long as we stay in touch with our developer, and the people who make things happen, we haven’t done anything wrong,” she said.
On Feb. 8, Theaker appointed Barbara Fulton, a resident of Turtle Creek Apartments, to fill the rest of Chase’s term. A letter to Fulton from the mayor’s office said her term began “effective immediately.”
But when the board met briefly on Monday, Chase and Dunn were seated at the table along with board members Sarah Hairston, Kathy Shambre and Ron Biddle.
After Spon informed the board of the lawsuit and Robinson’s order that Chase and Dunn refrain from conducting board business, the three remaining board members voted to adjourn the meeting.
