Trending
WHEELING -- Ohio County Commissioner Randy Wharton admits a vote on the contract to hire a manager for The Highlands property shouldn’t have taken place last month, as not all OCDA members knew of changes made to the contract prior to the meeting.
Meanwhile, a special meeting of the OCDA set for 1:30 p.m. today to further discuss the contract was postponed Monday.
A meeting of the Ohio County commissioners -- all of whom are members of the OCDA board -- still is set for 6 p.m. today. On the agenda for the meeting is an item pertaining to the removal and appointment of members to the OCDA board.
The meeting will be the first for new Commissioner Zach Abraham.
Wharton — also president of the County Development Authority — said he and Commissioner Don Nickerson were among those unaware of amendments to a proposed contract with former County Administrator Greg Stewart and his newly formed company, CMAD, LLC. The amended agreement came before the OCDA board at its meeting on Dec. 15.
Board members approved the contract following an executive session lasting more than an hour. Nickerson was the only member against the measure, while Wharton as president only votes when there is a tie among members.
Wharton said he permitted the vote to take place even though the contract differed from what members received in their packets prior to the meeting. Chief among the changes was the OCDA's contracting with the company CMAD, rather than the employee Stewart.
“I had worked out a contract with Don Tennant, and it was distributed to all the members ahead of time,” Wharton said. “Prior to the meeting, something transpired — I don't know what it was — but the contract provided in the meeting notice was rejected and moved off the agenda and another contract was placed on the agenda.”
Nickerson said neither he nor Wharton were included in any discussions about the Highlands manager’s contract prior to the Dec. 15 meeting, and that the draft they received during the meeting was “wrongfully rushed through” without being on the agenda.
“The public had no ability to ask about it or ask questions,” he said. “Other board members were notified and the matter appears to have been decided outside the meeting.
“Plus the matter involved a service contract discussed in an executive session outside of public view. That, too, was inappropriate.”
OCDA actions are final and do not have to come before the county commission for final approval.
Wharton said he takes responsibility for what happened.
“In retrospect, maybe I shouldn’t have allowed it to be put on (the agenda) for the reason it was not provided to all members before the meeting,” Wharton said. “Secondly, it changed the dynamic of the contract. The contract we prepared was a contract for an employee, which was very suitable and proper to discuss in executive session.
“The contract that was approved was for a company, and not properly discussed in executive session.”
Counsel has informed the board that switching out an employee contract for a company contract when it wasn’t on the meeting notice makes the contract “voidable,” according to Wharton.
The board must call another meeting, give proper notice and take a second vote. Otherwise, an individual could file a lawsuit to overturn it, he said.
“The most proper way for us to do it is just self-correct,” he said.
Wharton said he did not call the special meeting of the OCDA set for today, nor did he postpone it.
He did, however, send an email Sunday to current OCDA board members telling them the meeting was in conflict with the board’s rules. He attached a copy of OCDA bylaws for them to reference.
First, the bylaws state members must be given at least 15 days notice of a meeting by regular U.S. mail. Members did not receive notification of the meeting scheduled for today until late last week.
Also, special meetings only can be called by the board president or a majority of the board’s 13 members.
The meeting call sent out by OCDA board secretary Stewart — who remains a member of the board until he is replaced — did not list the names of those who called the meeting, according to Wharton. He said he wished it would have done so.
Nickerson said the special OCDA meeting that was scheduled for Tuesday to make changes to the contract also appeared to be “rushed,” and that there is lots of secrecy surrounding the Dec. 15 meeting.
Wharton also promised there is no intent by the board of commission to fire Stewart .
“I have worked with Greg from the very beginning of my time on the county commission,” Wharton stated in his email to board members. “I have the utmost respect for him and his work ethic.
“If any member of the board was concerned about how Greg was going to be treated or if his employment was going to be treated, seriously, you should have called me. I would never do anything to harm the OCDA, the county commission, or any employee. And you all know that, especially Greg, who has worked so hard for us over the past 25 years.”
Other OCDA board members contacted did not immediately return calls for comment.