Judge: Court can’t wipe out councilwoman’s censure

Kowalski wanted Hudson admonishment nullified

Part of an administrative appeal filed by a Hudson councilwoman over her censure in December 2022 has been dismissed in Summit County Common Pleas Court.

Judge Tammy O’Brien ruled Feb. 22 she lacked authority to overturn a Hudson City Council censure of at-large Councilwoman Nicole Kowalski, who had petitioned the court to nullify the formal admonishment.

A court decision is pending on another issue in the case regarding Kowalski’s public records request connected to the censure.

City Council had voted 5-1 to censure Kowalski, with then-Councilwoman Kate Schlademan dissenting (Kowalski was excused from voting). The censure, typically defined as a formal statement of disapproval of a person or group, was initiated by the council after Kowalski reportedly initiated an investigation of a citizen’s complaint about an alleged campaign finance violation without the council’s knowledge.

“There was no punishment” as part of the censure, said Council President Chris Foster. “It’s just expression of disapproval of using public finances without Council approval. “This entire case is over the fact that the City Council was unhappy with Nicole Kowalski using city resources.”

Kowalski said she disagreed with the court’s dismissal of this part of her complaint.

“What the court is telling us is that legislatures can do things like this, and their actions will go completely unchecked,” she said. “When Council President Chris Foster brought forward censure proceedings against me, I had no notice and no opportunity to prepare a defense to prove I did not do what I was accused of. It was a sham of proceedings meant to do reputational damage and had no basis in fact.”

Attorney Thomas Bevan, who represented Kowalski, said that they were considering appealing the dismissal.

The second count in the civil case filed by Kowalski concerned a public records request she filed on Dec. 12, 2022, seeking documents exchanged between council members and Cleveland law firm Walter Haverfield. The request was for 46 pages of unredacted material.

In February 2021, Kowalski became aware of a letter sent out by the campaign for Sarah Norman — who challenged Kowalski for her at-large seat in that year’s election — calling Hudson’s campaign finance ordinance limiting political contributions to $100 or less

unconstitutional and unenforceable. This letter reportedly encouraged people to donate more than the city's imposed $100 limit.

According to the court filing, Hudson officials refused to produce unredacted records, claiming attorney-client privilege. Kowalski said she had a right to receive the unredacted records since they were related to the censure. She is asking Summit County Common Pleas court to compel the city to comply with her public records request.

Foster said he expects this part of the case to be dismissed as well.