State Senator Mike Bohacek addressed an allegation of an open door violation by the Marshall County Plan Commission during the Marshall County Commissioners meeting Monday, April 1.
He said he got a notice from the Public Access Counselor that there was a complaint filed with the plan commission.
Bohacek said, “This was a closed door meeting where topics were discussed in an exec[utive] session and it causes me some pause because I read that the attorney [Attorney Derek Jones] confirmed some of the topics that included data centers, wind, solar battery storage, and carbon capture. The meeting occurred January 25 that lasted almost an hour and it was done under the notice of employment issues. As you know, executive sessions can only talk about three things – employment matters, litigation, or acquisition or disposal of property.”
He stated that those topics were not related to the three things allowed in executive session. He said they were policy matters, but noted there were no decisions made.
He discussed his concerns with the commissioners.
“It concerns me given the issues we’re having with solar and with battery storage and all of the conversations that are happening throughout the county,” commented Bohacek. “Yours is not the only one, but you’re the only one that has this problem. I’m shocked that the attorney that was there allowed those conversations to happen. I’m very disappointed in members of the board who initiated those conversations. We’ve got some experienced folks on that board and an experienced planner. You all should know better.”
Bohacek said it could lead to other issues down the road.
Commissioner Kevin Overmyer did not think Attorney Jones was at that meeting, but Bocacek stated that he responded to the complaint on behalf of the plan commission.
With that, Senator Bohacek asked the commissioners to take all actions and recommendations by the plan commission from the December 28 meeting, one meeting prior to the executive session meeting January 25, and all meetings since then and nullify actions. At the same time, he asked the commissioners to approve a one-year moratorium on solar energy systems and battery energy storage systems.
“I think that good faith effort will show that you as commissioners are acting on the best behalfs of the citizens to try to make sure these topics are discussed because these topics are very, very controversial and they should never be discussed in a closed door meeting,” said Bohacek.
Commission President Stan Klotz made a motion that nullifies actions by the plan commission after December 28, 2023 and take steps to initiate a one-year moratorium on solar, battery, carbon capture and data stations.
County Attorney Jim Clevenger interjected by asking how that executive session meeting evaluating the director of the plan commission could nullify all of the actions in the past few meetings. He said it would be a tough legal position to defend if it gets to that point.
Commissioner Kevin Overmyer said there are projects that are discussed during evaluations in executive sessions where it is used to determine what the plans are of that employee. Klotz said he considers that as part of the hiring process.
Commissioner Michael Burroughs commented that he does not think a moratorium would get the county anywhere from the current position. He pointed to a previously approved amended solar ordinance that Clevenger said comes from State code and goes beyond that code.
Klotz’s motion did not receive a second so the motion died.
