MANSFIELD — The former executive director of the Richland County Mental Health and Recovery Services has been indicted on seven counts, including one felony charge of having an unlawful interest in a public contract.
The other six charges against Joe Trolian are all first-degree misdemeanors — three alleging unlawful interest in a public contract and three related to alleged conflicts of interest.
The indictments were announced Tuesday by the Ohio Auditor Keith Faber’s office.
The auditor’s office also announced Jay Wachs, a former mental health board member, was indicted on six counts, including two felony counts of having an unlawful interest in a public contract.
In addition, Faber’s office said Wachs was indicted on four first-degree misdemeanor counts — two for an unlawful interest in a public contract and two for alleged conflict of interest.
The felony charges against both men are fourth-degree felonies, according to Faber’s office.
According to online court records, indictments against Trolian and Wachs were filed Thursday and summons for both men were issued. Trolian lives in Lexington and Wachs in Columbus, according to court records.
Personal recognizance bonds of $5,000 were set for both men during arraignments on Friday before Richland County Common Pleas Court Magistrate Mackenzie Mayer. The two men were also ordered not to have contact with one another.
The indictments were made public Monday in Richland County Common Pleas Court, according to the state auditor.
Faber’s office said his special investigations unit launched an probe in October 2023 after receiving a complaint that Trolian and Wachs benefited financially from contracts for services for RCMHRS.
The auditor alleged Trolian used his public position to secure a contract for training that he knew would benefit his wife, among other issues. Faber said Wachs used his public position on the board to secure a contracted that benefited himself and his company.
Trolian was dismissed in November 2023 by the mental health board after 20 years with the agency, including the final 16 as the executive director, for “neglect of duty and failing to inform the board of underlying interest in contracts and expenditures.”
Trolian has appealed his dismissal, an issue still pending in court. At the time of his dismissal, his attorney, Jami Oliver, pointed to Trolian as a “pillar of the Richland County community.”
“Under his leadership, the agency has seen significant growth in funding and
community engagement. The current treatment by the board is not just a disservice to
Trolian but a disheartening message to a man who has given so much to Richland
County,” she said in 2023.
Trolian began work at the agency in August 2003 as the clinical director and became the executive director in October 2007.
The board voted 11-1 in November 2023 to terminate him “for neglect of duty and failing to inform the board of underlying interest in contracts and expenditures.”
The board had previously placed Trolian on administrative leave, following administrative charges.
According to the board, the charges stem from violations found in Ohio Revised Code 2921.42, which pertains to having an unlawful interest in a public contract, and also Ohio Administrative Code Section 102.03, which discusses ethical behavior by a public official.
The board voted to retain private attorney David Smith at $210 per hour “to prepare and present the board’s case” during an administrative hearing with Trolian.
Smith alleged that Trolian:
- Assisted former board member Jay Wachs with facilitating contracts between Wachs’ company and the mental health board. Smith stated that Wachs was involved with running the company and “directly benefitting” from the contract. He also stated that Trolian was aware of Wachs’s “personal involvement” in the contract.
- Authorized a contract between the Richland County Mental Health & Recovery Services Board and The Change Companies for training and books. Trolian’s wife, Christy Ellis-Trolian, was employed by The Change Companies at the time and provided training sessions with local mental health providers as part of the contract.
Trolian responded to those accusations at the time by reading a prepared statement. He called the board’s action “disheartening” and rejected the notion that he had acted improperly.
“I have devoted the last 20 years of my life to the Richland County Mental Health and Recovery Services Board,” he said. “The accusations I face here today are completely unfounded. I always exercise the utmost care in carrying out my duties as ethically as possible.
“I have never used my professional authority or influence for personal gain or any other improper motive.”
The board cited two sections of ORC 2921.42 in its decision to dismiss Trolian. The statute says:
(A) No public official shall knowingly do any of the following:
(1) Authorize, or employ the authority or influence of the public official’s office to secure authorization of any public contract in which the public official, a member of the public official’s family, or any of the public official’s business associates has an interest;
(4) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected;
In response to a 2023 public records request filed by Richland Source, county commissioners released documents showing roughly $58,000 in mental health agency payments for products and services from The Change Companies in Carson City, Nev.
That company employed Trolian’s wife, Christy Ellis-Trolian, who has “more than 25 years of experience in mental health and addictions counseling, supervision and administration in various settings in Ohio,” according to the documents.
Trolian told board members the training The Change Companies provided was for the American Society of Addiction Medicine (ASAM) criteria.
He said all addiction treatment service providers are required to use ASAM criteria under Rule 5122 of the Ohio Administrative Code and that The Change Companies was the only provider licensed to provide it.
“The Change Co. has an exclusive copyright on the third edition of the ASAM Criteria, the only edition used from 2013 to November 2023,” Trolian said.
“Only trainers with The Change Co. can offer the copyrighted training of the third edition of the ASAM criteria. Thus, the Richland County Mental Heath and Recovery Services board and other similar agencies across Ohio were required to pay for training from The Change Companies or (its training division) Train for Change to meet that legal obligation.”
Trolian added that his wife, who was hired as an independent contractor for The Change Companies in May 2020, was exclusively assigned to do certain trainings in Ohio.
“She’s the only trainer with The Change Companies that has experience with Ohio addiction treatment services, so she’s especially qualified in conducting these trainings,” he said.
“This is not just my personal opinion. It’s the opinion of Ohio Mental Health and Addiction Services and other boards across the Ohio who have hosted her to conduct their training.”
Trolian also stated funding for the trainings came from the Ohio Department of Mental Health and Addiction Services.
He also said the circumstances “clearly met” exceptions outlined ORC 2921.42:
(C) This section does not apply to a public contract in which a public official, member of a public official’s family, or one of a public official’s business associates has an interest, when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved;
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official’s becoming associated with the political subdivision or governmental agency or instrumentality involved;
(3) The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions;
(4) The entire transaction is conducted at arm’s length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of the public official’s family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.
Wachs resigned in October 2023 after Richland County commissioners alleged he used his position as a board member for his personal benefit.
Wachs submitted his resignation via email to commissioners, who discussed the issue during an hour-long executive session.
“We believe documents clearly show Mr. Wachs was personally and financially benefitting as a member of the Richland County Mental Health and Recovery Services Board,” Commissioner Tony Vero said after the executive session ended in 2023.
Commissioners said they have shared their concerns with the “appropriate law enforcement agencies,” likely the Ohio Auditor’s Office.
However, Wachs told Richland Source at the time he was not compensated by Gravity Ohio and has “never been paid one dime” from his volunteer work with the non-profit organization he helped to found in 2022.
Commissioners appoint members to the 14-member RCMHRS board, all of which are volunteer, unpaid positions. They had appointed Wachs in 2021 to a four-year term.
Commissioners released a document they said showed the mental health agency and its board proposed an agreement with mental health providers to share costs in developing public relations plans that could include Wachs through his firm, JW Consulting.
“If an agency is interested in working with JW Consulting or another firm for the purpose of developing a public relations plan to increase awareness of services, address workforce shortages or develop greater exposure in the community. The Board will agree to pay 50% of a 1-year contract for up to 10 hours per month or up to $7,200.00 per year,” according to the mental health board contract released by commissioners.
Trolian said the board had offered a similar shared funding agreement to mental health providers in partnership with a different marketing company in July 2022, but none of the agencies expressed interested.
According to Trolian, Wachs asked to present his own plan about six months later.
“The Board provides an equal opportunity to all public relations companies to present their offered plan and gives all agencies the opportunity to choose which company they prefer to use,” Trolian said.
Two local providers ended up accepting the shared-funding offer, Trolian said. One chose to work with JW Consulting; the other opted to work with DRM Productions.
He added that the contract between JW Consulting and Talbot Health Services was terminated once concerns about a conflict of interest were raised in accordance with Ohio law.
“The Board never entered into a contact with JW Consulting,” Trolian said. “The contract was with Talbot Behavioral Health Services to be reimbursed for 50 percent of the cost of the PR agreement for a year up to $7,200.”
Commissioners also called into question payments between the mental health board and Gravity Ohio, a local non-profit where Wachs also formerly sat on the board.
Trolian pointed out that he did not appoint Wachs to the mental health board, nor was he a voting member of the board.
“The issue was later raised that Jay Wachs may have had a conflict of interest,” Trolian said. “As Executive Director, I was not responsible for Jay’s actions.
“I have no personal interest in JW Consulting, nor did I personally benefit from Talbot Health Services utilizing their services through the funding agreement.”
