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BARBERTON — While no official action was taken at the Oct. 27 Barberton City Council meeting in response to a fact-finding investigation report into the alleged use of public funds in a political campaign, residents and Council members weighed in on the findings at a work session portion of the meeting. The report, prepared by Akron-based law firm Brennan Manna and Diamond, was initiated by the city law and finance departments. It concludes that Mayor William Judge; Vanessa Johnson, the mayor’s administrative coordinator; Parks Department Clerk Administrator Kara Lysenko; and Councilman Shorter Griffin (D-Ward 3) violated sections of the Ohio Revised Code (ORC) prohibiting the use of public funds to “publish, distribute or otherwise communicate information” that “supports or opposes the nomination or election of a candidate for public office.” At issue is an advertisement placed and paid for by Griffin promoting his 2025 City Council campaign in the Parks and Recreation Department’s “Fall Flyer” program guide, which was delivered to 11,000 city residents. Lysenko, who worked for the city for 24 years, resigned without explanation before the conclusion of the investigation. At the meeting, three residents spoke in support of Griffin and the employees named in the report, and one resident spoke in support of the conclusion of the report. Councilman Thomas Heitic (R-at large) said he disagrees with several of the findings in the report, noting it only partially addresses two separate issues — the ORC violation and city employees using city emails and conducting activities during work hours. Heitic said he does not feel Griffin, the mayor or Johnson intentionally violated any laws, but he does hold Parks Director Don Patterson and the Parks Department responsible for asking Judge his advice on whether the ad should have been run instead of asking the Law Department. Law Director Lisa Miller added that while some people involved may not have been aware of the law, “a lot of people did know” that political candidates can run ads not directly related to their campaign — such as those supporting a local sports team — but purely political ads are not permitted in a city publication. Councilman Monte Harris (R-Ward 6) cited “vicarious liability” and said no matter what each party was aware of, “ignorance is no excuse for [breaking] the law” and “this is a violation of state law … a first degree misdemeanor … [and the investigation] cost taxpayers.” Griffin asked Harris what specific section of the ORC was allegedly violated. Harris replied “section 9.03,” which both Griffin and Heitic said does not apply in this instance. Heitic said ORC 9.03 prohibits public funds from being used to place the ad, or directing public funds to be used for this purpose. The investigation notes that the $275 ad was paid by the Griffin re-election campaign. Griffin did acknowledge in the meeting that he used his city email during one exchange related to placing the ad, which the report also indicates. Councilwoman Tayler Thompson (R-at large) called the situation “upsetting,” but agreed with Harris that those responsible must be held accountable. Councilman Chuck Easterling (D-Ward 2) said he feels the issue should have been handled internally without spending tax dollars on the investigation, which has been estimated to have cost approximately $15,000. Councilwoman Emily Beck said language in the report stating Griffin “arguably” violated the ORC code “[sounds] pretty shaky, even by the [firm] preparing it.” Councilwoman Rebecca Gearhart (R-Ward 5) asked about potential disciplinary action and what the city is doing to ensure this does not happen in the future. Judge said the city is taking steps internally to prevent such instances in the future, and Miller said the mayor has authority over disciplinary action against Johnson, while Judge and Griffin are both elected officials. Judge declined to comment on what, if any, disciplinary action would be taken against Johnson. Also at the meeting, Council approved: • an ordinance allowing the city to donate a parcel of property to Summit County for the assessed value of $700; • an ordinance appropriating $9,927 from the General Fund Revolving Fund to the Parks Administrative Capital Fund; • a 15-year, 100% Community Reinvestment Area abatement for the Raymond James Co., with Council members Easterling and Jennifer Hagar (R-Ward 1) voting no; and • amending an ordinance related to the creation of a Tax Increment Financing (TIF) district by removing two parcels from the TIF, with Easterling voting no. Barberton City Council next meets Nov. 3 at 6 p.m. for its Streets, Health, Planning, Finance and Committee of the Whole meetings and on Nov. 10 at 6 p.m. for its Parks, Safety, Rules, Utilities, a second Finance and its regular legislative meeting, all in Council Chambers at the Barberton Municipal Building, 576 W. Park Ave. Meetings also are viewable online at cityofbarberton.com under “Government” and “City Council.”
