New Council Members Sworn in, Mayor Objects to Rehiring of Solicitor
As four new Barnesville Village Council members took their seats Monday, Mayor Jake Hershberger filed a written objection to one of the final actions of the previous council in 2025.
After Hershberger opened the first meeting of 2026 before a crowd of more than 20 residents that overflowed the chamber, Solicitor Richard Myser administered the oath of office to new council members Mark Lucas, Brad English, Lindsay Dowdle and Cole Carpenter. Both English and Councilwoman Robyn Misner were nominated for council president, leading to a pair of split votes on the question.
Voting in favor or Misner’s nomination were Councilmen Terry McCort, Lucas and Misner while Dowdle, Carpenter and English voted against. Hershberger broke the tie by voting no.
Voting in favor of English’s nomination were Dowdle, Carpenter and English, while Misner, McCort and Lucas opposed. The mayor again broke the tie by voting yes, making English council president for 2026.
Following the decision, Misner said, “Congratulations, Brad.”
English, who will preside over meetings in Hershberger’s absence, thanked her.
Meanwhile, Hershberger filed a written objection to Ordinance #4037, which was approved on Dec. 29 after council voted to suspend the rules requiring three public readings and passed it unanimously as an emergency. Council at that time included outgoing members Brad Hudson, Tony Johnson, Tim McKelvey and Les Tickhill, as well as Misner and McCort.
Ordinance #4037 re-employed Myser as solicitor for two years, setting his dates of employment from Nov. 20, 2025, to Nov. 20, 2027, at a salary of $20,000 per year paid in monthly installments. This came even though others had sought the position and that Hershberger had advertised for applicants with a deadline of Jan. 9.
Myser advised council members that the mayor had no veto power and that his objection would simply be noted in the meeting minutes. He said Ohio Revised Code indicates that the ordinance will take effect seven days after the objection was filed — unless two-thirds of council members vote to override his objection, making it effective immediately.
Council took no action related to Hershberger’s objection on Monday.
Later in the meeting, however, resident Greg Batts questioned Myser’s interpretation of the ORC, citing Section 705.75 that references a mayor’s veto power. Myser insisted that section applies only to mayors of chartered cities, not to a village mayor, and termed the section “complex” and “confusing.”
Batts asked what would happen if the mayor refused to sign the legislation, saying the code states that council shall reconsider the measure. Myser said council still could not reject legislation that had been passed and could only make changes by passing additions to it.
“I support the mayor,” Batts said.
Myser referred additional questions about the situation to Jonathan McGee, an attorney with the Ohio Municipal League.
In subsequent articles, Barnesville Area News will share other news and actions from the meeting including the appointment of new fire and assistant fire chiefs as well as council committees for 2026 and members of commissions and boards.
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