The quick version
Adam Hoptry, a full-time firefighter for the Mansfield Fire Department and part-time firefighter for the Troy Township Fire Department, was elected to Lexington Village Council last year.
Lexington's law director John Studenmund said the village's charter does not allow council members to be paid fire department employees.
Hoptry resigned after council voted 3-2 to seek an opinion on the matter from the Richland County Common Pleas Court.
LEXINGTON — There are now two vacant seats on Lexington’s village council.
During a meeting Monday night, council voted to formally accept the resignation of Adam Gongwer. Gongwer recently moved out of village limits to pursue a full time job with the City of Ontario.
But council received a second, unexpected resignation Monday night from councilman Aaron Hoptry.
Hoptry, who was elected to a seat on the village’s legislative body last November, read his resignation aloud. He said his resignation came after months of “frustration and miscommunication” with city officials.
Hoptry read his resignation letter after council voted to seek a declaratory judgment from the Richland County Common Pleas Court on whether his roles as a council member and firefighter create a conflict of interest.
Hoptry is a full-time firefighter for the Mansfield Fire Department and part-time firefighter for the Troy Township Fire Department.
What is a charter?
A charter is a legal document that establishes a municipality and the rules surrounding its governance and public employees.
“Lexington created a charter in the 70s because we thought we were going to be a city. Charters are the instrument that is sort of like the constitution for a city,” said Wynn Kearns, council president and chairman of the charter review board.
According to Kearns, the charter is regularly reviewed by a committee. It can be revised by citizens via a ballot issue.
Lexington law director: village charter prevents Hoptry from sitting on council
Mayor Bob Jarvis told Richland Source Hoptry approached him in January seeking clarification about whether his employment by multiple municipalities would constitute a conflict of interest with his councilman role.
Most of the village of Lexington is within Troy Township and its fire department services village residents.
Jarvis asked Lexington’s law director John Studenmund to weigh in on the matter.
In a four-page letter dated Jan. 12, Studenmund concluded that Hoptry could only serve on council if his service on the township fire department was “volunteer only without compensation.”
Studenmund also said Hoptry would have to recuse himself from any and all discussions, negotiators or votes involving the township, which Hoptry said he was willing to do.
“Except as otherwise provided under this Charter or the general laws of Ohio, members of Council shall not hold any other public office with any other unit of government; except office in a political party, notary public, service in the national guard or the armed forces of the United States. Members of Council may be officers or members in a volunteer fire department, but they may receive no additional compensation for service in the department.” — Charter of the Municipality of Lexington, Ohio Section 3.02(C)
Studenmund based his conclusion on Section 3.02(C) of Lexington’s village charter. It states that “members of Council shall not hold any other public office” and that they may be “officers or members in a volunteer fire department, but they may receive no additional compensation for service in the department.”
Hoptry, a lieutenant, is a paid hourly employee with the Troy Township department.
In an email sent to Jarvis and Hoptry, Studenmund told Hoptry he was a “proven public servant and asset to the village” but that there were “conflict concerns.”
“You are entitled to obtain your own legal opinion and we can submit this to the Ethics Commission if you would like, but then this issue becomes more public and permanent,” Studenmund wrote in the email, obtained by Richland Source through a public records request.
Hoptry said he felt the village administration was attempting to silence him.
“I was even told that my decision to pursue this matter could endanger the position of a friend, who fulfills a similar role as an elected official while also being a firefighter/paramedic in another municipality,” the former councilman wrote in a resignation notice posted on his personal Facebook page.
“Instead of a transparent and professional response, I’ve been subject to delays, broken promises, and attempts to intimidate me into compliance.”
Hoptry sought a second opinion. The Ohio Ethics Commission declined to issue one, but Attorney Thom Gilman wrote a four-page letter on the matter.
In the letter, Gilman wrote that Hoptry’s roles as a council member and firefighter were not incompatible and that he did not believe being a firefighter constituted a public office. However, Gilman’s opinion erroneously referred to Hoptry’s role with the township as an “unpaid member of a volunteer fire department.”
Gilman issued his opinion in April, but Hoptry said he didn’t receive an email from Jarvis with the opinion until September.
Jarvis said Gilman’s opinion got “lost in the shuffle” while Studenmund’s firm was relocating.
Mayor said council sought court opinion for clarity, not removal
Hoptry and councilman Keith Bacin voted against seeking a declaratory judgement from the Richland County Common Pleas Court.
Bacin said the decision felt rushed.
“I didn’t completely understand what direction they were going with it,” he said. “It went kind of quick and I ended up dissenting on it.”
What is a declaratory judgement?
According to Cornell Law School, a declaratory judgment is a binding judgement from a court defining the legal relationship between parties and their rights. A declaratory judgement can offer a resolution when there is uncertainty about the legal obligations or rights between two parities.
A declaratory judgment can be made based on written reports and doesn’t require a trial, but either party can request a trial on the merits.
Hoptry said he thinks the village charter is not being enforced consistently, since council didn’t follow the process outlined in Section 10.02 for removing a village council member.
That section states the reasons council may remove an elected official and outlines a process for doing so. That process includes written charges brought forth by two council members, a hearing and a vote by council.
“I was told in September 2024 that if I wanted to continue in my role as Councilperson, the Village would pursue legal action to have me removed from office,” Hoptry wrote in his resignation letter to village residents.
“It is my understanding that there is a voting process to remove a councilperson, however, the law director and the mayor have determined that they will skip that process and take me straight to common pleas court. The complete lack of respect for due process and open communication has been an ongoing pattern, and I can no longer be a part of a council that operates in this manner.”
Jarvis said council’s intention was simply to get another opinion on the matter.
“We weren’t looking for removal. We were just looking for a ruling on whether it’s a conflict or not,” he said.
“I wish we would have waited and let Richland County Common Pleas Court come up with their ruling … In Lexington, it’s hard to get people to run for elected office.”
Council must appoint two new members in the next 30 days
The remaining council members are required to appoint a new member within 30 days of a position opening.
Although both resignations were formally approved on Monday, Gongwer submitted his resignation a week prior.
Thus, council plans to appoint a replacement for Gongwer by Nov. 6, and one for Hoptry by Nov. 13, according to village council president Wynn Kearns.
Kearns said it’s common for council members to vacate a seat early and be replaced by an appointee.
Several current and former elected council members started their legislative tenure as appointees and later ran to retain their seats.
“What’s uncommon in this case is that there are two of them,” Kearns said.
“Adam Gongwer was doing a great job, Aaron was doing a great job and on the same night, both resignations were put forward … it’s not great timing.”
Interested candidates can submit resumes in-person at village hall or by emailing rjarvis@lexingtonohio.us.