Warren council sets rules, debates clerk oversight
WARREN — Warren City Council members clashed over procedural rules and transparency during a council-as-a-whole meeting Wednesday.
The session, called to address housekeeping matters, saw some heated exchanges on mail handling, security protocols and the clerk’s role, with some members appearing unclear on Ohio Sunshine Laws governing public meetings.
Councilwoman Helen Rucker, D-at Large, acting as pro tem, suggested council members’ strict adherence to rules protecting records, while others pushed for flexibility, leading to a tied vote on allowing council members to pick up each other’s mail packets broken by Council President John Brown in favor.
At the core was Clerk of Council Brenda Smith’s extended work-from-home status, approved 9-1 amid her recovery from an injury. The extension is until after her next doctor’s appointment in about two weeks.
Councilman Greg Greathouse, D-3rd Ward casted the sole dissenting vote. He pressed for a doctor’s slip verifying Smith’s inability to work and an expected return date, citing the city’s personnel policies and procedures manual, which applies to many employees.
“As a past HR person, you know that question is inappropriate,” Rucker said, arguing the manual’s rules, which she said include medical certification for leaves and don’t bind Smith.
As an appointed official serving at council’s pleasure under Warren’s charter, Smith isn’t covered by union contracts or standard civil service protections, Rucker said, drawing on past practices with ill clerks.
Smith was appointed by council and responsible for safeguarding records. She had been working remotely without pay initially, using her personal computer before city IT connected her office setup.
Rucker noted Smith’s HIPAA-protected health details remain private, but she expects a doctor’s release soon, allowing return with a cane, though limited mobility.
There was debate over packet pickup, which includes official mail and records.
Rucker warned against council members removing materials without clerk approval. She brought up the security risks and past practices where only police delivered packets. “The records are too sensitive and too important for anybody to be just picking them up,” Rucker said post-meeting.
During the meeting, James Shaffer, D-4th Ward, moved to allow council members to pick up each other’s packets with permission and signing, passing 5-5 after Brown’s tiebreaker.
Some members, like Shaffer, expressed confusion over a prior vote. Rucker and other members believed he had mistaken a failed executive session motion from Jan. 28 for a direct vote on Smith’s pay extension.
That January session, where Greathouse sought executive discussion on personnel matters, was backed by Shaffer, Michael Shrodek and Gregg Thumm but failed, with no closed-door talk occurring.
Rucker implied some had prior knowledge, saying post-meeting, “We weren’t informed … but two or three other council people had been informed.”
She clarified it wasn’t a Sunshine Law violation, as individual calls don’t constitute meetings.
Ohio’s Open Meetings Act defines a “meeting” as a prearranged discussion of public business by a majority of six of Warren’s 10 members.
Law Director Enzo Cantalamessa noted enforcement challenges but affirmed three or more discussing business could violate openness rules. He clarified the president, a non-voting member, doesn’t count toward a quorum.
Council unanimously adopted quarterly meetings with the clerk and deputy clerk Melissa Hughes to review procedures, budgets and compliance.
Councilwoman Honeya Price, D-6th Ward, said the vote would end “talks behind everyone’s back.”
Rucker post-meeting said she disagreed with the change.
