NELSONVILLE, Ohio – Nelsonville City Council tended to business at its regular meeting on May 13, despite an ongoing court battle to determine who’s rightfully on the body.
The council adopted two ordinances amidst the standard bickering, heckling, taunting and outcries from the audience.
Before the meeting began, plaintiffs and ex-council members Rita Nguyen and Sue Powell approached the council seats, where Nelsonville Police Chief Devon Tolliver advised them against moving further for several minutes. Before sitting down, Powell said, “We tried.”
The two referred to the temporary restraining order against three seated council members that was granted by Athens County Court of Common Pleas Judge George McCarthy, but was closed and dismissed on May 3.
Also present was former city attorney Mathew Voltolini, who told the Independent that he is invested in Nguyen and Powell’s claims to the seats and is voluntarily offering them his legal expertise.
A sheriff’s deputy — who confirmed with the Independent that he had been dispatched to the council meeting in case of disruption — stood watch at the meeting’s entrance.
Ordinances passed
The council voted 6-1 to pass on an emergency basis an ordinance to contract with Athens County 911 for $85,968 for dispatching services. The three-year annual contract with Athens County 911 will begin June 1 and expire on May 31, 2026.
Previously, the city’s police and fire relied upon Hocking College, with whom it had only an informal $80,000 agreement through July 31. The city’s police department has found Hocking’s dispatching unsatisfactory.
Councilman Johnny Flowers voted against the ordinance, after he stated that he continues to research other options.
“It’s not going to change this, I know that, but I just want everybody to know that I am still pursuing the best protection for the citizens and for the police departments,” he said.
“I think it will be the best decision for the city and the police department,” Tolliver told the Independent in an email. “Athens 911 is a great organization that will be able to provide amazing service to both the citizens of Nelsonville and the Officers of the police department alike. Its [sic] hard to match the number of years of service and the quality of training their dispatchers receive. We’ve been looking forward to working with them for quite some time.”
Hocking College President Betty Young did not respond to emailed inquiries in time for publication.
Council unanimously passed on second reading Ordinance 33-24, amending 2024 appropriations ordinance; and Ordinance 34-24, which allows the city to purchase employee vacation time.
The council tabled Ordinance 32-24 (which also dealt with contracting with 911) and Ordinance 39-24, a staffing ordinance, because it hadn’t gone through committee.
The council heard first reading of Ordinance 38-24, which enters the city into an Ohio Environmental Protection Agency Water Pollution Control Loan Fund.
Members adopted Resolution 2291 honoring the legacy of Eugene “Joe” Edwards, who died May 7 at age 95.
On a 6–1 vote, the council also passed Resolution 2292, which authorizes the city to compensate city law director Jonathan Robe and his father, Scott, for their work as litigation counsel in the Nguyen and Powell’s court of common pleas case. Flowers voted against the resolution.
Robe said the resolution is for “the legal work that was basically done in a week and a half leading up to Reminger’s involvement,” and that per his law director contract, “representation of the city and litigation matters is to be engaged separately.” The Independent has requested a copy of the contract.
Nelsonville residents Betty Jo Parsley and Neil Sommers were sworn into the Nelsonville Planning Commission.
Chief Tolliver also gave the NPD’s monthly report for April. In April, the NPD:
- Received 339 calls for service.
- Conducted 32 traffic stops.
- Issued 32 traffic citations
- Issued two parking citations
- Investigated 13 traffic crashes.
- Made 18 criminal arrests.
- Made 15 warrant arrests.
Appeals case contention
A major point of contention – between the public, Nguyen Powell and the city – at the meeting was the appointment of legal representation by the city’s insurance carrier in the complaint Nguyen and Powell lodged in the Fourth District Court of Appeals late last month. The city is insured by the Public Entities Pool of Ohio, which did not respond to an inquiry in time for publication.
On May 10, Thomas Spyker of the Columbus-based Reminger Co. entered a notice of appearance on behalf of council President Gregg Clement and members Tony Dunfee and Opah Lawson.
Nguyen asked why Clement, Dunfee and Lawson are receiving legal representation from the city’s insurance carrier when the appeals case names them as individuals.
However, it is the city’s legal opinion that the three are rightfully serving upon council. Spyker explained that his job “is to protect the city council, the actions of said city council, and to prevent liabilities.”
“When individual members of city council are sued in an action that would remove them from their seats, and thus can invalidate all actions taken up to a certain point, that exposes the city under certain liabilities,” Spyker said. “If there’s a court order that puts two different people, three, four different people up there, on this [this council] … then it’s my job to serve whoever’s up there.”
Spyker has since asked the court of appeals to dismiss Nguyen and Powell’s petition of quid warranto and strike their request for a temporary restraining order and preliminary injunction.
Tenants’ rights urged
During business and organizational comments, Chauncey Village councilwoman Evelyn Nagy and Athens County United Tenants member Damon Krane addressed the council about adopting ordinances for two housing issues: evictions and source of income discrimination.
Chauncey Village Council recently passed its own ordinances on both issues.
To accept HUD housing choice vouchers, landlords’ properties have to pass HUD housing inspections and meet HUD standards. “If the property isn’t up to those standards, then the tenant would not be able to use the voucher at that property,” Krane said.
Nagy said she “wanted to reach out to Nelsonville council to let you know that I would really like to support you in passing any of these tenant protections to help folks before they become unhoused, because it’s really difficult for people to get back into a place after they already have an eviction on their record.”
Chauncey’s unlawful discriminatory practices ordinance also folded in protections for identity categories, including sexual orientation and gender identity. Neither Nagy or Krane mentioned those additional protections in their appearance before Nelsonville City Council.
Nelsonville City Council meets every other Monday of each month. Its next regular meeting will be Tuesday, May 28 at 7 p.m. in Nelsonville City Council Chambers, 211 Lake Hope Drive (Memorial Day is Monday, May 27). Meetings are also livestreamed on YouTube. Find more at cityofnelsonville.com.
Correction: A previous version of this story misquoted Spyker and included a type-o in the phrase quo warranto. This story was also updated May 21 to include a statement from Chief Devon Tolliver.
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.
