AG: Trisket can’t hold 2 jobs

By SHELLEY TERRY - Staff Writer - sterry@starbeacon.com
Star Beacon

November 21, 2008 01:37 am

— ASHTABULA — Ward 5 City Councilman James Trisket cannot fight fires in Mentor while serving on council, according to an opinion rendered Thursday by Ohio Attorney General Nancy H. Rogers.
Ashtabula resident Charlie Hauff first brought the subject to council’s attention in May after having read sections of the Ohio Revised Code which prohibit partisan activities of firefighters and paramedics.
City Solicitor Michael Franklin said Thursday he read the AG’s opinion carefully, but does not believe it requires any action on his part.
The attorney general’s opinion reads, “Absent a charter, provision, ordinance, resolution or language of a collective bargaining agreement declaring otherwise, Ohio Revised Code 124.57(a) prohibits a person from holding these two positions simultaneously.”
Late Thursday afternoon, Trisket said he will research the issue and decide where he wants to go.
Kevin McIver, section chief at the Ohio Attorney General’s Office, said a firefighter/ paramedic in the classified service of the City of Mentor is prohibited from serving simultaneously as a member of the City of Ashtabula’s legislative authority. When asked why, McIver said “because the statute says so.” McIver said Trisket will need to decide what to do about the opinion.
Mentor Law Director Richard Hennig, while disagreeing with the AG’s opinion, will observe it.
“(Trisket) is living in a different county. Nothing he’s doing can amount to a conflict,” Hennig said. “There are no funding issues. I don’t see the incompatibility.”
In addition, Hennig believes the voters’ opinion of Trisket is “a special trust” that should be taken into consideration.
“I will observe (the opinion), but I don’t accept it,” Hennig said.
The AG’s opinion turns on the issue of partisan politics. In Mentor, the council is a nonpartisan entity, meaning there are no Republicans or Democrats, Hennig said.
“If (Trisket were) a firefighter for Ashtabula and lived in Mentor, there would be no problem,” he said. “Switch jobs and locations … that’s the dumbest thing.”
Ward 3 Councilwoman Ericka Severino said the attorney general’s opinion speaks for itself.
The local Republican Party appointed Trisket two years ago to fill Ward 5 Councilman Chris McClure’s unexpired term.
Trisket served a term on council in 1998 without question, he said.