Outgoing fiscal officer accuses Dunkirk council of Sunshine Law violations and files records requests; solicitor disagrees

Phyllis Spencer, the village’s outgoing fiscal officer, told the council at its Aug. 5 meeting that she believed the council had violated Ohio’s Sunshine Law and said she would pursue records. According to the minutes, Spencer "questioned the council on their decision while also accusing them of doing illegal things regarding the Sunshine Law" and filed public-records requests for documents related to Paul Cramer and Patrick McCoy and for information on bidding for the village’s lift stations.

Mayor Paul Cramer reviewed four specific points Spencer raised as potential Sunshine Law violations; Solicitor Mark Schwemer told the council he did not believe any violations had occurred. The minutes record a back-and-forth discussion but do not show the solicitor referencing a statute or filing a formal opinion in the meeting minutes; Schwemer’s statement is recorded as his judgment that no violation took place.

Spencer’s records request was recorded in the minutes; the council later rescinded an earlier motion that would have had Spencer train Interim Fiscal Officer Joeline Ribley on water-billing procedures. The minutes do not indicate further legal action or an in-meeting ruling beyond the solicitor’s oral statement.

The minutes identify the records requested by Spencer by person (Paul Cramer and Patrick McCoy) and by subject (bidding records for lift stations). The solicitor’s disagreement was recorded without a formal written opinion attached to the meeting minutes.