The City of Marietta has operated without a safety-service director for a little more than a month.

“We’re all stretched a little thin,” said Assistant Safety-Service Director Bill Dauber this week. “The mayor and (development director) Andy (Coleman) are handling the projects initiated under Director Hupp, and I’m covering all of the other stuff.”

Safety-Service Director Jonathan Hupp gave his resignation April 29, and Mayor Joe Matthews said at that time he did not intend to appoint the position through the remainder of 2019, which is the rest of his term.

But since April some have questioned whether the city needs the position on the payroll, while others are already critiquing perceived issues and projects falling through the cracks in his absence.

“I think the job is one of the most difficult in the city by virtue of the fast time frames decisions must be made in,” added Dauber. “Traditionally I’m oriented towards the financials, budgeting and insurance (but) now I sit on the committees and am looking at permits too… I’m a little concerned about when the budget comes up for discussion this fall because that takes quite a bit of time.”

Dauber is the latest de-facto finance director through the assistant position first created under the Nancy Hollister administration in January 1984 when retired Washington County Auditor Bill McFarland first moved into the role from city development specialist to assistant safety-service director.

The duties of the city’s de-facto human resources department have been handled by the safety-service director since the two director positions merged in the 1960s and complaints have traditionally funneled through that directorship.

Complaints were voiced surrounding the water main break May 3 which affected water customers throughout the city into the next week, others have surrounded the mowing of parks.

“I’m taking those complaints now,” said Dauber. “I think (the water main break) was handled proceduraly correct. And as for mowing, we do have a mowing schedule. That’s sometimes impacted by weather and by other more pressing duties upon our departments.”

According to the codified ordinances of the city, council merged two posts required by state law to fulfill the duties of the director of public safety and the director of public service.

The Ohio Revised Code outlines the duties which fall under both sides of the city’s merged position as follows:

• Public Service: Manage and supervise all public works; maintenance, improvement and repair of streets, parks, water and sewer infrastructure.

• Public Safety: Act as the executive head of the police and fire departments, charities and building department; make all contracts in the name of the city.

Hupp said this week the combined duties were split between himself and Dauber before his resignation.

“The director is there to hold (departments heads) accountable for completing their work, approving purchase orders but also talking about why (the departments), say, need a truck,” said Hupp. “The position is there to drive the day-to-day operations, handle all employee files, all union contracts. It’s not beholden to votes and popularity but to the services of the citizens.”

According to Ohio Revised Code 773.04 the appointment of both positions, or the merged post, is required by Title VII of the ORC to be filled between the second Monday in January and the first Monday in February.

“I’ve had several people call me wanting to work, but I’ve told them no,” said Matthews when asked this week whether he’s changed his mind and plans to fill the position for the remainder of his current term. “I’m not intending to fill it, it’d be five months now of a job, and if I don’t get elected, then you’re out of a job again. We’ll worry about it later, after the election.”

Matthews is running as an independent incumbent against the Democratic Party nominee Harley Noland and current President of Council Joshua Schlicher, the Republican nominee.

The ORC reads that vacancies arising in appointive offices of cities shall be filled by appointment by the mayor for the remainder of the unexpired term.

“Municipal appointments can be governed by a number of sources including the ORC, the relevant city code and/or city charter and common law,” said Dominic Binkley, public information officer for the Ohio Attorney General’s office. “While the ORC appears to require the mayor to appoint someone to the position and sets a deadline for doing so at the beginning of the mayor’s term, it does not appear to address vacancies.”

But the vacancy has some members of the city’s legislative authority, Marietta City Council, considering dispersal of duties versus forcing the appointment to maintain status quo.

“Not having someone in that position for seven months, if we can get by without it, why do we have so many people?” questioned Councilwoman Cassidi Shoaf, employee relations chairwoman. “If people in other positions can take on the tasks then this is an opportunity to look at the whole picture and how our organization is structured and iron out who’s to be responsible for what’s being dropped.”

The mayor, according to ORC chapter 705.79 is required to comply with ordinances and resolutions laid out by council–ordinances are passed to prescribe permanent rules of conduct and government while resolutions deal with matters of a special or temporary character.

This means council could enact an ordinance requiring that any appointed office be filled within a set amount of time or could amend/abolish Codified Ordinance 137.01 and separate the two director positions and corresponding duties and redistribute responsibilities not outlined explicitly by state codes.

“I’d like to incorporate required (human resources) experience into the requirement of hiring for the position or positions,” noted Shoaf.

What’s Next:

• Marietta City Council has authority to require the appointment of a safety-service director for the remainder of Mayor Joe Matthews’ term (Dec. 31, 2019).

• Council may also consider separating the position and restructuring the appointed positions beneath the mayor.

Source: Times research.