NELSONVILLE, Ohio — An Athens County judge has temporarily ruled who may act as Nelsonville City Council.
In an ex parte (emergency; filed by one party without notifying the other) temporary restraining order filed Monday evening — 20 minutes before the council’s regular meeting — Athens County Court of Common Pleas Judge George McCarthy said Nelsonville City Council President Rita Nguyen, along with her appointee Sue Powell, may act as members of the body.
The order follows a tumultuous year for Nelsonville City Council. Nguyen resigned and rescinded from council in February, spurring a division within the body as to whether or not she retained her seat. More questions arose as former councilman Dunfee joined the council via vote, with Clement acting as president. Nguyen later appointed Powell; Clement, also acting as president, later appointed Lawson.
Nguyen and Powell, with the help of Hilliard-based attorney Josh Brown, filed a civil complaint in the Court of Common Pleas to regain their seats on council on Monday afternoon, just hours before the council’s regular meeting.
Listed as defendants are Opha Lawson and Tony Dunfee in their capacities as individuals; Nelsonville City Council, Nguyen in her capacity as council president; Gregg Clement, Justin Booth, Nancy Sonick, Johnny Flowers, Corey Taylor and Powell in their capacities as council members (“All members of Council must be served in their official capacity,” Brown added via email).
In their request for a temporary restraining order, attorney Josh Brown told the Independent that Nguyen and Powell asked for the court to weigh in on five specific issues. McCarthy did so, ordering that the city may not:
- Deny Nguyen her seat on council;
- Deny Nguyen her status as council president;
- Deny Powell her seat on council;
- Empower Tony Dunfee as a council member; or
- Empower Opha Lawson as a council member.
The temporary restraining order is active until May 6, when the court will hold a or longer if extended. (The next Nelsonville City Council meeting will be May 13). The court will hold a preliminary injunction hearing on May 6.
“[The hearing is] going to be a question of whether that restraining order should be in place for the rest of the case,” Brown said.
Brown considers this a win for Nguyen and Powell.
“[The order is] basically exactly what they want,” Brown said. “The judge ordered that the city is restrained from denying them their rights on council, and restrained from treating Opha Lawson and Dunfee as if they are on council.”
Nelsonville City Law Director Jonathan Robe had issued an opinion for the city earlier this month that Nguyen’s Feb. 17 resignation from council took effect immediately, and thus she was no longer either a member of the council or council president.
“The city is happy to obey [the lawful orders] of the court,” Robe told the Independent Wednesday. “Nelsonville needs certainty.”
Nguyen and Powell were both present at the council’s regular meeting Monday night, but sat as members of the public. Clement presided over the meeting as president; Council Vice President Nancy Sonick and Dunfee were absent.
Following the roll call, between the treasurer and auditor’s reports, a process server for the court handed out summons to council members.
Clement and Booth discouraged the interruption; Clement asked him to speak during public comment, and Booth told him that he was interrupting a public meeting. After issuing the summons, the process server left.
Just this year the council settled a lawsuit with former council member Greg Smith, for over $150,000. Smith sued the city in 2021 for removing him from the body because it did not believe he resided within city limits.
Update after initial publication: On Wednesday evening, the plaintiffs filed a motion to disqualify Robe from representing the city of Nelsonville. In the motion, the plaintiffs argue that Robe should be disqualified because did not get consent from the council to represent the city; that the council never appointed Robe; and that Robe may be a potential witness.
The motion cites the council’s March 13 meeting where Clement, Booth, Dunfee and Taylor voted to fire Mathew Voltolini and rehire Robe.
At a council meeting on April 8, Booth, Clement, Dunfee, Flowers, Lawson and Taylor unanimously voted to hire Robe as part-time law director until Dec. 31.
Disclosure: Robe completed and filed incorporation papers for Southeast Ohio Independent News, the nonprofit that publishes the Athens County Independent. He also has provided the Independent with legal advice.
