HUBBARD TOWNSHIP — The Fraternal Order of Police Local 85 and some township residents are losing faith in their trustees and are planning to explore legal action to remove them from office.

An unofficial petition has been circulating around the internet for a month, asking for the resignation of Trustee Fred Hanley, who prior to 2020 was the board’s chairman.

“This letter serves to inform you that we are requesting your official resignation from Trustee of Hubbard Township. Our community at large has been witness to your reckless and blatant disregard for our community’s safety, and we no longer believe you to have the character necessary to make decisions that are in the best interest of our township or in line with the wishes of people you swore to serve,” the letter states.

“We deserve a supportive leader who shows genuine heart and has a strong moral compass. Your staunch refusal to partner with concerned citizens and hushed negotiations with the Sheriff’s Department have shed light on your selfish agenda. The only thing you appear to want to serve is your own interests.”

Since the petition was published, 561 residents have signed it. The petition initially wanted to only remove Hanley, but now the residents are looking to remove all three trustees from their positions.

Letters were sent to the trustees Thursday after the FOP voted in favor of a fact-finder’s report, which recommended that a one-year agreement between the township and FOP be used to determine wages, insurance, grievance procedures and what operations can be maintained and how they will be funded in the future.

Letters to the trustees from the FOP, and the resident petition, are similar — saying the trustees have been deceptive in their discussion of township finances as well as negotiations with the sheriff’s office, and that these decisions do not reflect the township and people who put the trustees in office.

“We have repeatedly voiced our concerns regarding who will protect and serve our township, but these pleas have fallen on deaf ears. … We banded together to pass the most recent levy with full intention to support our police department, but that choice, even though voted for by the majority, is being taken away from us through your deceptive practices,” states FOP Vice President Sgt. Ron Fusco’s letter. “It is grossly apparent that you do not have the best interest of our current and future residents in your mind of heart, and this violates the good faith of the people who are the lifeblood of this community. Please heed this call, listen to what the community wants, and step down as Trustees immediately.”

A similar letter was sent to police Chief Todd Coonce asking for his resignation, although at the trustees’ organizational meeting Tuesday, Coonce revealed that he will be retiring at year’s end.

“The residents are more than a little frustrated with ALL of them. Right now we are currently exploring our legal option to have all of them removed,” said Molly Begeot-Grilli, creator of the online petition. “Unfortunately there is no formality to it (the petition on Change.org). Because we are a not a charter township we have to go through the court system to have them removed.”

IS THIS POSSIBLE?

The residents understand that the online petition is unofficial and that they will have to create and file an official complaint with Trumbull County Common Pleas Court, according to Begeot-Grilli.

The Ohio Secretary of State’s “election official manual,” provided by deputy press secretary Maggie Sheehan, states that “recall is not available for state, township or district offices, or for county offices, except in a county that has adopted a limited home rule charter that specifically provides for the recall.”

The manual also states that, according to the Ohio Constitution, an official can be removed “upon complaint and hearing, of all officers, including state officers, judges and members of the general assembly, for any misconduct involving moral turpitude or for other cause provided by law.”

“What a lot of people misunderstand is that townships aren’t like cities, they don’t have recalls,” said attorney Mark Finamore, who has represented several Trumbull County townships. “The only way a trustee can be removed is if a complaint is filed with the minimum amount of signatures and proof of mis, mal or nonfeasance. Even then, the trustees are entitled to a jury trial.”

Reasons an official can be removed are if they are found guilty of willfully and flagrantly exercising authority or power not authorized by law, refusing or willfully neglecting to enforce the law or to perform any official duty imposed upon the public officer by law, gross neglect of duty, gross immorality, drunkenness, misfeasance, malfeasance or nonfeasance among other items.

Finamore also said that the standards to remove an elected official are very high because the courts respect the dignity of the people’s vote.

“Bad judgment is not in it of itself, a removable offense,” Finamore said.

The Trumbull County Prosecutor’s office could not comment on this issue as they have not yet received a proposal from the residents.

TRUSTEES RESPONSE

The township trustees consider the letters to be a “slap in the face” as they believe they are doing what is right to keep the police department intact.

“There will be no stepping down based on a letter from the union,” Trustee Rick Hernandez said. “It’s very unfortunate as we voted in good faith to keep this department going.”

Hernandez said the trustees could have voted for the fact-finder’s report but he believes that would have led to the sheriff taking over. The report did not mention capital expenditures, and the trustees want those addressed. The trustees are responsible not only for the safety of the residents, but also the officers.

“We have not replaced a car in three years; they have 150,000-plus miles on them and bald tires … Why would you want an officer with a malfunctioning cruiser?” Hernandez asked. “We are performing our duties while being fiscally responsible to provide the best safety and security for Hubbard Township.”

The township has a six-week pay scale carry-over and has looked at taking out a loan or grabbing money from the general fund until the levy money comes in April. But even then, Hernandez explained, the township will be able to afford the payroll — but not not the other expenses that are needed to operate the department.

“The trustees are looking long term. The officers still have a job and benefits and this is the thanks we get for keeping them in work,” Hernandez said. “It’s very childish.”

Hanley and Trustee Tom Jacobs could not be reached for a comment.