An executive session on the Marietta City Council agenda regarding the code enforcement position was reluctantly postponed Thursday.

Last month, the council expressed dissatisfaction and a lack of confidence in Wayne Rinehart, code enforcement officer.

An employee relations committee meeting was called to order on April 4 and during the executive session, the committee members met with Steve Wetz, safety service director, and Theresa Taylor, human resources director, to ask for the removal and/or termination of Rinehart.

A letter was sent to Rinehart on April 6 informing him of his pending termination and affording him the right to a hearing, according to Resolution 23.

A hearing was held April 7 to discuss pending termination or requirements for continued employment. The city administration decided to not terminate Rinehart, but continue his employment with provisions for a “more stringent evaluation of his work ethics and duties,” noted the resolution.

During Thursday’s meeting, Councilwoman Cassidi Shoaf called the employee relations committee to order to go into executive session, but Rinehart’s attorney, Bill Burton, stepped forward before it could begin.

He quoted Ohio Revised Code 121.22 (G)(1), which reads in part that “the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters … to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing.

“If the person affected is present and objects, you can’t go into executive session,” Burton said.

After consulting with Law Director Paul Bertram, Council President Susan Vessels said it was up to Shoaf whether to have a public hearing Thursday or have it at another time.

She decided to postpone until all council members were present. Burton asked to be notified when the public hearing would be held.

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Ordinance 61, which amends Chapter 139 (Police Department) of the city’s codified ordinances regarding age limits for applicants to the police department, was discussed. It recently went before council, stating “the Director of Public Safety and Service may grant original appointments to persons seeking appointment to the position of patrolman in the Police Department who are between the ages of 21 years of age and 50 years of age, inclusive.”

Bertram said there had been discussions about the age limit and research was done. He said it was decided it would be best to change the ordinance to read “the Director of Public Safety and Service may grant original appointments to persons seeking appointment to the position of patrolman in the Police Department who are between the ages of 21 and 40 years of age, inclusive.”

This would allow the city to hire people who are already commissioned, so they wouldn’t have to be sent through the police academy.

“Some cities have done away with age limits,” Bertram said, noting that people are able to pass the agility tests who are older than 40.

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At a glance:

¯ Executive session on code enforcement officer was postponed.

¯ Proposed police ordinance regarding age limits was changed.

¯ Next regular meeting will be 7:30 p.m. Thursday in room 10 of the armory.

Source: Marietta City Council.