In a particular conference Wednesday with Marion County Board of Developmental Disabilities (MCBDD) Superintendent Cheryl Plaster, the Marion County Commissioners voted to not take out Jim McGuire from his board appointment soon after he gave an anti-gay speech at the River Valley graduation commencement May 27.
After opening up the general public conference at 10 a.m. Wednesday, the board sought the tips of legal counsel from Marion County Assistant Prosecutor William Owen in government session.
The lawful counsel saw no lawful requirement to take away McGuire from his position with the county board, Owen mentioned after the return from govt session to a general public meeting at 1 p.m. Wednesday.
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“The board of commissioners did not deliberate. The board of commissioners sought the tips of counsel. It is my assistance to the board, which I think they have acknowledged, is that it would not be lawfully appropriate for the board of county commissioners to take away Mr. McGuire from his posture,” Owen stated.
“The board of commissioners is the appointing authority. It also has the authority to eliminate.”
This legal assistance was drawn from Ohio Revised Code Section 5126.0213 which offers grounds for the removing of a board member from a county board of DD.
This follows McGuire’s announcement Friday that he wasn’t going to resign from his placement with the DD board, though the county board had asked for his voluntary resignation or his removal by the county commissioners.
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Owen claimed the grounds for elimination are “pretty distinct,” and McGuire did not violate any of the conditions which consist of neglect of duty, misconduct, malfeasance, ineligibility to serve, weak general performance or the failure to go to necessary meetings and trainings.
“There has been no evidence offered would point out that Mr. McGuire has engaged in any wrongdoing or has violated any of the phrases,” Owen said.
Even though the law cited offers motives why a board member should be eradicated, it does not specify if a board member can or are not able to be eliminated basically for the reason that the appointing authority wishes it.
“It is based mostly on on the assistance of counsel that the board at this time will acquire no action pertaining to Mr. McGuire. Is that an correct statement of the report?” he asked the commissioners.
Each commissioner then responded, “sure.”
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McGuire, who was in attendance of the Wednesday meeting, did not comment, but he asked when a board member must abstain from a vote as he appreciates each individual of the a few commissioners on a private level.
“I happen to know all these three folks just due to the fact I’m in the local community,” he mentioned.
Owen confident him every single commissioner could vote on the make a difference as there was no conflict of desire, the grounds for abstaining from a vote.
Immediately after the conference, Plaster reported she hopes the board can go forward and properly get back to its mission to serve men and women with developmental disabilities in Marion County.
“I also was aware of the legislative restriction, but as we said just before, we realized it was a commissioner appointment thus the commissioners have to make a determination. Our arms are tied legislatively,” she reported.
“The hope now is to shift forward and provide folks with disabilities and get back again to our mission and to our objective of serving to folks with disabilities to live, understand and make within just their have local community.”
Tale by: Sophia Veneziano (740) 564 – 5232 | [email protected]