Good evening, everyone.

I'd like to welcome you to the Whitehall City Council special meeting for December 16th, 2025.

Ms.

Hodg, would you please call Roller?

Dixon.

Present.

Morrison.

Present Smith present.

Heck present.

Elmore, present.

Brown.

Present.

Park Carn Potter.

Present.

At this time, before we get started, I'd like to turn this over to our city attorney who could walk through the basic structure of the events this evening.

All right.

Thank you, Mr.

President.

Um, I've had a lot of questions from council and everybody on how this works, so um I've gone with what I know, and if this sounds like jury instructions, there's a reason.

Um, this is a matter of first impression for Whitehall.

Um, so I appreciate everyone's time as we as we uh work to make sure that this is done in compliance with the charter and the laws of Ohio.

Absent recall petitions for individual council members.

You as council as a body are solely responsible for the administration of conduct of council members, including discipline when it is deemed appropriate.

Charter Section 7 specifically permits council to remove a council member for various reasons, including gross misconduct.

Unlike Malfeasance requiring conduct to be related to official duties, or a crime of moral turptitude requiring a conviction, removal for gross misconduct does not require a connection to official duties, a conviction, or even charges be filed.

Felony charges have been filed against Councilman Dixon.

You are not fact finders to determine beyond a reasonable doubt if he did in fact commit the crimes for which he has been charged.

This is a matter involving administration of this body, and it is not a criminal proceeding.

You may wait for the criminal proceeding to resolve if you so choose, but you are not required to.

While Councilman Dixon's comments may be used in a criminal proceeding, your determination here tonight does not affect the pending criminal matter.

Again, you're not determining guilt or innocence.

You are determining with the information you have whether or not councilman Dixon has committed or engaged in conduct which you determine to be gross misconduct for which he should be removed from council removed from council.

Each of you will need to determine for yourself how much weight you give the fact that councilman Dixon is presumed innocent and that this matter is currently pending in court.

Some courts have defined gross misconduct as intentional, willful, deliberate, or an even reckless act, but one that is beyond mere minor breaches of standards.

Other courts are more direct.

Gross misconduct is that which shocks the conscience.

Some of you have asked me to give you an opinion whether these allegations rise to this level.

It's inappropriate for me to give this opinion because it is you that must determine if councilman Dixon has committed gross misconduct.

Each of you should use your own experiences in making this determination.

Your discussion on this matter must be public.

Such a meeting is not permitted under Ohio law for two reasons.

First, executive session is a privilege for the public body.

That is council as the legislative authority for the city.

While the mayor, myself, other elected officials, and members of the administration are routinely invited to executive sessions.

We are not members of the public body and therefore can be excluded from those meetings.

But councilman Dixon is a current member of council, and since he is a member of this public body, you cannot exclude him from an executive session.

Second, Ohio's open meeting law prohibits executive sessions for the discussion of the removal of members.

Specifically, revised code 121.22 G1 states, except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected officials' official duties or for the elected officials' removal from office.

With no exception provided by law, your discussions must be in an open meeting.

Charter Section 7 requires notice of the charge and an opportunity to be heard on the charge.

With notice of this special meeting on December 14th, for the purpose of considering the removal of Councilman Dixon for gross misconduct, notice has been given as to the date and time in which Councilman Dixon may be heard on the charge, and the charge has been sufficiently noticed.

To remove a council member, the remaining six council members must all vote in the affirmative for removal.

If removed from council, the removal is for the current term.

The charter does not prohibit serving in future terms if removed.

Councilman Dixon's current term ends December 31st, and therefore a removal tonight is only for this term.

If council wishes to remove councilman Dixon for his term starting January 1, council will need to take action during that term.

In consultation with outside elections legal counsel, such action to initiate removal cannot occur until that new term begins on January 1, 2026.

If

councilman Dixon is not removed from council tonight, he maintains his seat and all the rights and privileges of a council member.

If he is removed tonight, his seat will be vacant.