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Mingo Junction mayor and council at an impasse

DISPUTE — Mingo Junction Mayor Judy Ruckman, left, and Village Councilwoman Jodilynn Fitzgerald traded remarks during Tuesday’s regular meeting. -- Christopher Dacanay

MINGO JUNCTION — Mayor Judy Ruckman and the Village Council remain at in impasse over the proposed reinstatement of two fire department employees terminated last year.

During Tuesday’s regular meeting, council voted 4-0 — with one absent and another abstaining — to reinstate Wesley Ostroff and Rebecca Perry. Ruckman, however, restated her opposition to reinstating the two, who she terminated July 8 based on the fire department and village’s collective bargaining agreement’s five-day no-call, no-show stipulation.

“I’m just telling you right now, I’m not bringing them back,” Ruckman said, after all council members present except Patti Mannarino voted for the employees’ restoration. Councilwoman Pat Cramblett was not present for the vote, having left the meeting early due to an apparent medical issue.

Council has been attempting to reinstate Ostroff and Perry since roughly the end of July, when council, at the conclusion of a three-step grievance process, chose to bring them back. But Ruckman has foiled those attempts, claiming the two willingly abandoned their jobs and that Perry, who was a probationary employee at the time, lacked grievance rights to begin with.

“This has gone on way too long,” Ruckman said. “It has been wasting way too much time, too much energy, and I don’t know where it goes from here, in a legal capacity. Wherever it is, so be it, but as far as this room goes, until the judge sets me down and tells me to put my right hand to God and tell the truth, the whole truth and nothing but the truth — and I will — I’m not bringing them back.”

Village Solicitor Craig Allen weighed in on the matter, noting that Ostroff and Perry obtained a temporary protection order against Assistant Chief Nick Moore, against who they had filed a hostile work environment complaint. Ruckman claims she sent Ostroff and Perry home on June 17, after they arrived with the TPO, because Moore was on duty.

Allen said the village is within its rights to send the employees home, given the village’s right to run its department as it sees fit and Moore’s right to make a living. Furthermore, Allen said, when Ruckman offered to return the two on opposite shifts from Moore, they made additional demands that couldn’t reasonably be met.

“You cannot be an emergency person and pick and choose when (you go out),” Allen said. “If you get called out, … you show up. You don’t have to talk to him, you don’t have to deal with him, but you’re obligated to do your job. Otherwise, how can the people and the citizens of Mingo rely upon someone who’s in the emergency service who just says, ‘We’re not coming if he shows up.'”

The TPO, Allen added, was “ex parte,” meaning only one party was present for the initial hearing, and a final order would be subject to a due process hearing. When that second hearing eventually occurred with witnesses, the magistrate found that the cause for action of stalking did not meet legal requirements, and the case was dismissed.

Allen concluded that the issue ultimately is “up to another court to decide.”

Later, a representative of the International Association of Fire Fighters said that his organization will continue to support Ostroff and Perry and uphold the grievance process they went through.

Mark Sanders, District 8 vice president for the IAFF, noted a letter that the international labor union sent to the village, demanding that Ruckman reinstate Ostroff and Perry by Dec. 24 with full back pay, as well as retirement benefits and seniority. The letter also demands identical treatment for Fire Chief Brandon Montgomery, who has been on paid leave since June while undergoing a Bureau of Criminal Investigations probe over alleged misconduct.

“We think it’s important that, when we sign agreements in a contract, and there’s a process for the grievance, and the grievances are awarded at a certain level, then that’s where I come in … and work to have those grievances and awards enforced,” Sanders said. “Obviously, in this case, we have … a disagreement between one step of the grievance and the mayor.”

Sanders added later: “We will be supporting, certainly, the two members (Ostroff and Perry) in our efforts to make sure that those grievances are enforced on their merits. … The communication has been delivered to the mayor and council, and we will proceed as we need to proceed on our end, and we’ll see where this ends up, and we’ll try to get resolve.”

Additionally, Ruckman notified council of her impending termination of Montgomery.

Ruckman told council that, on Dec. 4, she sent Montgomery a letter asking him to resign and listing his termination charges — with the hope of resolving the issue in a “more private and dignified manner,” as opposed to holding a public hearing, required by Ohio Revised Code and the CBA. Montgomery reportedly did not respond to her request before her Dec. 12 deadline.

Ruckman read aloud a letter stating Montgomery’s termination charges, which include “Engaging in inappropriate and unprofessional behavior, specifically engaging in a sexual relationship with a subordinate on municipal property while on duty,” “Bringing disrepute upon the fire department” and “Illegal audio recording (with) personal cameras” that allegedly constitutes illegal wiretapping.

The termination is “impending” due to the ongoing BCI investigation, Ruckman said, adding that she plans to move forward with the action after receiving “more clarification” from an attorney.

Councilwoman Jodilynn Fitzgerald inquired about Ruckman’s reported “investigation into (Montgomery’s) conduct” that led to her decision. The mayor, in turn, said it was an investigation she conducted herself, an act that Fitzgerald said is “one-sided.”

Fitzgerald said that Ruckman has “moved the goalposts” for resolving the issue, which she claimed was originally dependent on the BCI investigation’s results. Council itself resolved during a special meeting on Dec. 23 to await the final ruling before deciding on its action.

In other business:

• Council passed two resolutions, one approving year-end transfers and the other committing to support the America 250-Ohio initiative.

• Village Administrator Darrin Corrigan commended village employees who’ve battled the past three weeks’ 11 total water breaks.

• Corrigan noted that rubbish pickup will resume the week of Jan. 22, on no set day. He reaffirmed that, historically, there is no rubbish pickup in December.

• Police Chief Willie McKenzie reported that the department responded to 2,127 calls for service in 2024, had a record 83 kids participate in its Cops and Cruisers for Christmas event, purchased a new unit of body armor through a Public Entities Pool of Ohio grant obtained by Ruckman and has begun weekly cruiser maintenance as part of its routine. He also noted that the department’s new cruiser — purchased and fully equipped for roughly $8,000 — has been “running smoothly.”

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