ATHENS, Ohio — A brief investigation of an emergency medical services employee’s remarks at an Oct. 24 press conference found he did not violate state law.
Part-time Athens County Emergency Medical Services employee Rick Trask spoke at a press conference, organized by EMS employee Jon Rose, about work conditions at the agency. Rose was a candidate for Athens County Commissioner. Trask shared his experiences at ACEMS over the past 30 years; he did not endorse Rose.
In an interview on Nov. 7, Trask said, “I’m still still aggravated that it even happened, because I still feel like it was [a] voter suppression attempt, and … just aggravating because I had to go through it.” He said he’d be going back to work part time.
According to public records obtained by the Independent, ACEMS Chief Amber Pyle emailed Trask on Tuesday, Oct. 29, to inform him that he was being investigated for “possible violation of the ‘Hatch Act’ which involves you specifically. This has come to light after you spoke at the ‘Rally’ that was held by Jon Rose. During this investigation you will not be permitted to sign up for or volunteer for any open shifts at ACEMS.”
According to the Ohio Civil Service Employees Association, the Hatch Act prohibits public classified employees from running for partisan political offices, participating in “non labor-to-labor” phone banking and door-to-door canvassing, donating and fundraising for to political campaigns if working for the candidate, offering literature at their workplace that supports candidates, showing support via apparel for candidates while working, or circulating candidate petitions.
“I feel like they’re violating my right to free speech by even doing an investigation that I may have potentially violated the Hatch Act,” Trask told the Independent on Oct. 29. He said on Oct. 29 that he felt the investigation was “a political move due to the fact that Jon’s running in contention against the current commissioners.”
Pyle’s Oct. 29 email stated that the investigation was to be completed by Oct. 28, and “findings and recommendations for discipline will be presented to the County Commissioners at the next commissioners meeting.”
“It should have been the following Monday, the 4th,” Pyle clarified in an email on Nov. 6. She added, “[Trask’s] date of notice and date of completion for the investigation was slightly less than 48 hours. He was not signed up for any shifts nor did we have any ‘call offs’ during that time.”
On Oct. 31, Pyle told the commissioners by email that she and ACEMS Assistant Chief Randy Crossen Jr. had consulted the day before with Assistant Athens County Prosecuting Attorney T.L. Warren about whether Trask violated the Hatch Act, “or in our case,” the state of Ohio’s own version of the act.
About 25 minutes after Pyle sent her email, Warren notified Pyle and Crossen by email that “I am of the opinion that the employee in question DOES NOT fall under the Hatch Act” because Trask’s position is part time and non-contractual — not “Classified Civil Service.” Warren recommended no disciplinary action.
Pyle emailed Trask on Nov. 1 to state that “[a]fter investigating the possible violation of the ‘Little Hatch Act’ or Ohio Revised Code 124.57, it has been decided that there was no violation due to Part Time employees not being classified employees” and that Trask could return to part-time shifts.
Trask was undeterred by the investigation, he said.
“I care about the citizens of Athens County, and want to make sure they’re getting care when they need it,” Trask said. “I like to help people, and I’m going to continue to do that. I’m not going to let you know a little thing like this be an obstacle in my career.”
On Athens County Commissioner Charlie Adkins’ reelection, Trask said: “No matter who is commissioner, I still feel it’s crap that they charge EMS budget $185,000 a year to for 911 to dispatch.” He said he was happy that the EMS levy passed, “because they’re in desperate need of the money for their operating budget.”
