Should the City of Ironton file a response to Beth Rist’s appeal to the Ohio Supreme Court?

That was one of the questions discussed at Monday night’s meeting of the Ironton City Council.

Rist, a former police sergeant who was fired by the city and is now a member of city council, is appealing to the high court to get her job back on the force. She was fired in 2008 after she pleaded guilty to falsifying a ticket. She filed a civil rights lawsuit over the summer alleging discrimination and wrongful termination. However, the Fourth District Court of Appeals court ruled in October that her termination was legal. Her appeal to the Ohio Supreme Court was filed Dec. 9.

Following an executive session, council was unable to reach a decision about the matter because it would require four votes. Councilmen Mike Lutz, Kevin Waldo, and Chuck O’Leary voted for a response, while Councilmen Bob Cleary and Frank Murphy wanted to file a waiver.

Rist did not vote and Councilman Dave Frazer was absent.

Blankenship said he would ask the city’s defense counsel how it should proceed. Both of the city’s attorneys- Portsmouth-based attorney R. Alan Lemons as well as the city’s insurance attorney–had recommended the response, Blankenship said.

The waiver would have cost the city between $100 and $200, while the response would have been $1,000 to $1,500, Blankenship said.

Despite Waldo’s suggestion that Rist not be a part of the executive session, Rist was included in the session, along with Finance Director Kristen Martin, Police Chief Jim Carey and City Solicitor Mack Anderson, who told Rist it was her decision whether or not to stay in the session.

“I was elected by the people and they can’t make me leave executive session because I was voted by the people,” Rist said after the meeting.

Mayor Rich Blankenship said Rist’s situation was unique in that he had never heard of another case where a city council member was suing the city. He added that it’s an ethical issue and that he has nothing to hide from her.

“That part didn’t bother me at all,” Blankenship said.

What did bother him, he said, was the fact that two council members voted against filing a response.

“Council members are sworn to uphold the best interest of the city and now we have council members, two of them, that voted not to respond. That is withholding information that the court needs to hear.

“By them voting in that manner, it is not in the best interest of the city. We should present all relevant facts to the Ohio Supreme Court.”

The mayor questioned whether the vote would have been the same if the case were not concerning Rist.

Cleary said he wants the city to wait and see if the high court decides to hear the case before it invests money in filing a response.

“If this goes to the supreme court, it will be an enormous amount (of money) to fight this case,” Cleary said.

Cleary also said he thinks the mayor, not the council, should have made the decision whether or not to file a response.

The case should have been over after an arbitrator ruled in Rist’s favor, Cleary said.

“I think she should have been reprimanded,” Cleary said. “I don’t think she should have been terminated but that wasn’t my decision. The arbitrator ruled in her favor and that’s where it should have ended.”

Cleary added that Rist could have taken an administrative role at the police department so she didn’t violate parole by carrying a weapon.

Questioned after the meeting, Blankenship said he did not know how much money the Rist case has cost the city in legal fees.

In other business, the Ironton City Council also:

• Heard the first reading of an ordinance authorizing the mayor to award bids for construction materials and concrete for 2011.

• Passed an ordinance rescheduling the Jan. 13 meeting to Monday, Jan.10.

• Passed an ordinance authorizing the mayor to file an application for the city to participate in the Clean Ohio Revitalization Fund.

• Passed an ordinance authorizing the mayor to enter into a contract for police protection with Ohio University Southern.

• Passed an ordinance amending the budget for the 2010 year. Martin said this is at least the seventh time the budget has been amended this year. It will be amended once more after the books are closed for the year.

“We’ll be in the black,” she said. “We’ll be positive. It’s less than ideal but we’ll be in the black.”

• Passed an ordinance adopting a temporary budget for the year 2011. The budget had to be filed by Dec. 31, Martin said. The city’s permanent budget has to be in place by March.

• Passed an ordinance providing for the issuance of up to $10,000,000 of notes by the city. Issuing the notes is in anticipation of issuing bonds for the construction of improvements to the city’s sewer system.

• Passed an ordinance of providing for the sale issuance and sale of up to $11,000,000 in sewer system revenue bonds.

• Passed an ordinance vacating a portion of Salt Alley.

• Passed a resolution authorizing the city to apply for funding through the Ohio NatureWorks program.

• Passed an ordinance authorizing the mayor to enter into a first responder contract with the Lawrence County Emergency Medical Services.