Village Solicitor Appointment Issue Returns
The final council meeting for four current village council members – Brad Hudson, Tony Johnson, Tim McKelvey and Les Tickhill – possibly stands to be an explosive one. Johnson, McKelvey and Tickhill, who were up for re-election on November 4, were turned out by voters of the village. Hudson did not seek election to his current post.
At the December 1 meeting, these four, along with the village’s other two current council members, Terry McCort and Robyn Misner, unanimously voted to support the reappointment of current village solicitor Richard Myser to a two-year term.
Read Barnesville Area News’ coverage of that meeting titled “Tensions Rise at Barnesville Village Council”.
Prior to the meeting, Myser asked Mayor Jake Hershberger to reappoint him to the position. Hershberger indicated others had expressed interest in the position and that he intended to advertise the position.
A Legal Notice to that effect was placed in the Times-Leader for publication on Dec. 17, 24, 31 and Jan. 7, 2026. Barnesville Area News has also published the Notice weekly beginning Dec. 19.
The Legal Notice states interested parties have until January 9 to submit letters of interest.
The matter was not raised at the December 15 meeting.
The Agenda for Monday’s last council meeting for the calendar year was posted on the village’s Facebook page in the 9:00 p.m. hour Christmas Eve.
When contacted Friday morning, Mayor Jake Hershberger said, “I was unaware the Resolution was on the agenda” until he was contacted by several parties, including Barnesville Area News, and then discovered it was included in hard copy meeting packet documents he received just before Christmas.
Ordinance #4037 is expected to be introduced as an Emergency Ordinance. It is currently posted on the village website under Minutes and Agendas and copied below:
Section #3 That this Resolution be and the same is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the said village and shall be in full force and effect from and after passage and approval of the same.”
In other words, a council member will introduce the measure to request a suspension of the rules to read the Resolution three times, and it will pass immediately upon introduction.
Since Barnesville does not have a separate ordinance for the village solicitors (See Barnesville Administrative Code, Part 1 Title 5, Chapter 137), Ohio Revised Code regulations apply.
ORC 733.48 lays out two methods for appointment of council by petition and a vote of the electorate or “the mayor shall appoint an attorney or law firm as the legal counsel with the advice and consent of the legislative authority”.
“The appointment of legal counsel under this division shall be pursuant to a contract approved by the mayor and a majority vote of the legislative authority.”
Over the past year, most village council decisions were achieved by declaring matters “Emergencies”. That practice, in part, drove many citizens out to the polls on November 4.
Regardless of the outcome, Myser has continued to serve the village since the expiration of his old contract and will continue to do so until another appointment is put forth and approved by council.
The meeting will take place at 7 p.m., Monday in the municipal building. As a public meeting, the session is open to the public where community members may speak to any issue before the body.
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