Jeremiah Johnson pushing elections director to leave

NEW PHILADELPHIA − A Democratic member of the Tuscarawas County Board of Elections is pushing to have the board's director, also a Democrat, leave her position.

Member Jeremiah M. Johnson told Director Gail E. Garbrandt on May 15 that he wanted her to leave, according to the written record of an elections board meeting held that day. He said he wants to advertise the position June 12, with applications due July 10, and Garbrandt staying through August.

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On May 15, member Mark J. Waltz had asked Garbrandt it she would be willing to stay to the end of the August election cycle.

Johnson did not give a reason for seeking Garbrandt's departure, but said she and other elections workers are at-will employees, meaning they may be dismissed without reason at any time.

At a board meeting held Monday, members held a closed session to discuss the dismissal of an employee.

After they emerged from executive session, Johnson moved to retain outside legal counsel, a motion seconded by Waltz, also a Democrat. Chairman Thomas H. Hisrich and member Douglas L. Wills, both Republicans, voted in favor. No attorney or firm was identified.

At the end of the meeting, Hisrich announced that the board would have no comment.

Contacted after the meeting, Waltz and Johnson declined to comment on the reason for their interest in replacing the director.

All four board members received a letter on Monday from Garbrandt's attorney, Donald J. McTigue of Columbus. He wrote that she is not an at-will employee.

He wrote that Garbrandt was appointed for a two-year term at the board's most recent organizational meeting in March.

"Removal or suspension may only occur for 'neglect of duty, malfeasance, misfeasance, or nonfeasance in office, for any willful violation of (state election laws) or for any other good and sufficient cause,'" he wrote. "Director Garbrandt can only be removed from office only for cause.

"Director Garbrandt's performance in her role at the Tuscarawas County Board of Elections has been exemplary," McTigue wrote in the letter sent by email. "Reflecting upon this, Director Garbrandt has no present intention of providing a date of resignation as Director."

He wrote that she is open to considering retirement before the end of her term if the board would offer a buyout with a state retirement system for the remainder of her term. The board would have to pay her for unused sick time and vacation leave.

She told The Times-Reporter on Monday that experienced staff are needed to oversee upcoming elections in August, November and March.

Garbrandt was initially appointed elections director in 2019 to replace Allan R. Sayre, who left take a job in the private sector.

Prior to going into private practice, McTigue was the chief elections counsel to the Ohio Secretary of State and counsel to the Ohio Elections Commission.

Johnson is a former Sugarcreek mayor and councilman who made a third unsuccessful attempt at winning election to the Ohio Statehouse in 2018.

In other business Monday, Garbrandt told the board that the elections office will receive an award from Ohio Attorney General's Office for public records requests transparency.

Reach Nancy at 330-364-8402 or nancy.molnar@timesreporter.com.

On Twitter: @nmolnarTR

This article originally appeared on The Times-Reporter: Elections board votes to hire outside lawyer as member pushes director