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Commissioners appoint outside counsel for contested annexation and enter executive session on pending litigation
Summary
Prosecutor's office said it has a conflict on a contested annexation petition (Gear Mart properties in Weathersfield); board considered appointing outside counsel at $200/hour and voted to enter an executive session under ORC 121.22(G)(3) to discuss pending or imminent court action.
Trumbull County commissioners discussed a contested annexation petition affecting Gear Mart properties in Weathersfield and the county’s need to hire outside counsel because of a conflict for the prosecutor’s office.
Bill Danzo of the prosecutor’s office told commissioners the annexation is a contested regular annexation that will go through the statutory public‑hearing and contested process and that the prosecutor’s office has a conflict because Weathersfield Township is also a client. Because of that conflict, the agenda included a proposal to appoint attorney Robert Birkey (spelled in the agenda Birkey/Burkey at different points in the transcript) to provide legal research, advice and litigation representation related to the annexation at a rate of $200 per hour.
Danzo said the county typically bears the cost of conflict counsel in these matters and that prior filings of this annexation were voluntarily dismissed in the past. The commissioners asked whether a petitioner or receiving municipality might reimburse the county; Danzo said administrative filing fees exist but do not typically cover outside counsel costs.
At the meeting the board voted to enter executive session under Ohio law. The commissioners moved into executive session “pursuant to ORC 121.22(G)(3) — conferences with an attorney for the public body concerning disputes that are subject to pending or imminent court action.” The motion was made and passed by roll call; commissioners recorded affirmative votes to go into executive session and later returned and reconvened the public meeting.
Why it matters: Contesting or adjudicating annexations can involve litigation and cost; appointing conflict counsel ensures the board receives independent legal advice when the prosecutor’s office has a conflict.
Unresolved items: The appointment of Robert Birkey as outside counsel was on the agenda for consideration; the transcript indicates the board planned to vote the following day and did not record a final vote to hire counsel in the provided excerpt.
