Medina Council Declines Formal Censure Resolution Against Councilwoman Whitney

The Medina City Council unanimously declined to formally censure councilwoman Shawn Whitney, who filed a lawsuit into the investigation of former Medina police chief Jeffrey Chen, at a council meeting Monday night, Sept. 12. 

"I'm relieved," Whitney said after the meeting. "I'm grateful that they didn't make it a permanent document in the city archives."

The , when Whitney had been criticized for filing a lawsuit against the city for documents and financial information related to an investigation of .

Whitney told the council and the public in a prepared speech that her suit was filed "to search for validity and transparency" in the decision made.

"My right, as both your elected councilmember and as an individual, to free thought and free speech, is being assailed through the fabricated resolution," she said during the council meeting. "I will not yield my right to free speech and to address my government as your representative on city council matters."

Monday night's decision came after pointed exchanges between Whitney and Mayor Bret Jordan, as well as criticisms from other council members.

Jordan said that Whitney's lawsuit could cost the city money in attorneys' fees defending the suit, and so her actions have been financially irresponsible.

However, Whitney maintains that she filed the suit because the city denied the documents, which she says should be public records, and if she loses the lawsuit, she would be liable for all attorney fees.

"I just don't have any faith in your leadership. Whether we pass the resolution or not, it doesn't matter to me, because you've lost me," Jordan told Whitney.

"You've lost me a long time ago, bud," she said.

Other council members exchanged heavy criticism of the way people have handled issues surrounding the firing of Chen and the subsequent handling of the information request.

"I would need to hear something from Shawn saying that she would be willing to start the healing process," said Councilman Mark Nelson. "It seems like everything she had done is that she is not interested in healing the city."

Councilwoman Janie Lee, who has also criticized the way that the city staff has dealt with issues surrounding the firing of the chief, defended Whitney and said that she felt that the censure motion was an intimidation tactic.

"Both my life and Shawn's life would have been easier in the past eight months if we simply agreed with everything that the council has voted on," Lee said. "I believe Shawn filed her action to get a higher legal review, based on frustrations that I've had, that she's had, that the citizens have had."

Councilman Doug Dicharry said he did not support the censure, because he said it would not be productive.

"I do believe it's an expression of frustration over the relationship in this legislative body," Dicharry said. "I think the facts are clear, the facts are on record, but I don't believe that this censure serves any constructive purpose."

City manager Donna Hanson, after clarifying that the resolution was a decision of the council and not of the staff, said that she recommended that the city council drop the matter.

"I could alienate myself with the majority of the council, but it's time, if I can make a recommendation, and say is there any hope of starting the healing and doing the city's business by dropping this as opposed to what could be gained?"

"I don't think any of the staff wants to work in such a charged state at our council meetings," she added.

The council unanimously voted against the resolution, though Whitney after the meeting said that she wasn't sure what would constitute "healing."

"What they want is for me to drop my lawsuit," she said. "All I'm asking is for a judicial review."

After Whitney filed her public disclosure lawsuit, the council met in a special meeting last month, when they stripped Whitney of her duties as Deputy Mayor and abolished the Finance Committee on which she served.

Whitney told Patch last month that her public disclosure request for documents related to the firing of the former police chief was within her rights as a citizen, calling the censure vote "political hand slapping."

Background

Chen was fired in April .

Hanson started an investigation of Chen and then fired him after she said that investigation found several violations of the code of conduct, including voiding some traffic tickets, making improper purchases, and improperly accessing the city’s email archives.

Chen denied the conclusions of the investigation and said the city manager pressured him into resigning. Hanson fired Chen in April.

Timeline