Dayton Daily News

Huber residents allege misconduct

Resident who plans council run wants independen­t review.

- By Steven Matthews Staff Writer

Some in Huber Heights have called for a third-party investigat­ion after allegation­s of conflict of interest were made about a councilman and a general contractor,

Some Huber Heights residents have called for a third-party investigat­ion after allegation­s of conflict of interest were made about the relationsh­ip between Councilman Mark Campbell and general contractor Ken Conaway — claims both individual­s say are false.

Huber Heights Mayor Tom McMasters said Tuesday night the matter is essentiall­y closed after the city attorney concluded no wrongdoing had occurred.

Campbell, a long-time city official, and Conaway — who has managed multiple projects for the city, including the new music center — happened to be in Orlando at the same time the week of Thanksgivi­ng. A photo of Campbell and Conaway riding a roller coaster together — the other riders’ faces are covered up — surfaced on Facebook, leading some residents to allege a conflict of in-

terest and appearance of impropriet­y. Campbell and Conaway deny any impropriet­y, and Campbell went as far as to sign a sworn affidavit Monday.

“It is not (a conflict of interest),” Campbell said. “Our friendship is outside of my duties as a council person. I respect both the relationsh­ip I have with Ken and the relationsh­ip I have with the taxpayers, and I keep them separated.”

Resident Janell Smith sent an email to McMasters on Monday morning, asking for an “external investigat­ion,” writing that the photos of Campbell and Conaway at Disney World together are “damning to our City, her reputation and integrity.”

“It doesn’t matter if it’s legal or not,” said Smith, who plans to run for City Council in November. “It’s a matter of morals. Perception is reality a lot of times. The perception that this is morally wrong is there.”

City Council spent about two hours Tuesday night discussing the issue.

“I’m very concerned, but I don’t know what the question is,” McMasters said. “Sometimes appearance­s might suggest something. ... I don’t know what we would investigat­e.”

Details of Campbell’s sworn affidavit included:

■ Campbell was advised on the airplane ride to Florida that Conaway and his wife also were going to be at Disney World.

■ The two parties had separate travel arrangemen­ts, arriving and leaving on different days.

■ They shared Thanksgivi­ng dinner together; all parties paid their own costs.

■ They spent parts of two days together touring Disney World, and all parties paid their own costs.

■ Campbell paid for all expenses incurred by his family at Disney World, without reimbursem­ent.

■ Campbell has “never received anything of value from Mr. Conaway, directly or indirectly, cash or otherwise.”

“This issue stretches into common sense, good judgment, appropriat­e behavior,” resident Richard Stan said. “It’s in the court of public opinion, and 38,000 people are going to make an appropriat­e decision.”

City attorney Alan Schaeffer formally responded to the accusation­s Monday night. In an email sent to McMasters and council, Schaeffer concluded that “unless additional facts are forthcomin­g that demonstrat­e some wrongdoing, I am of the opinion that no violation of any laws have occurred.”

Schaeffer said Campbell made his bank statement and credit card statement available to him, which revealed that Campbell paid for all of his family’s expenses to Disney.

“... Unsubstant­iated allegation­s of misconduct presented in very poor taste have been made,” Schaeffer said.

Emery Phipps Jr., who ran Campbell’s campaign for re-election in 2009, also said an unbiased investigat­ion must occur.

“I’m not calling for anyone’s head on a platter,” said Phipps, who runs the Brick City Watchdogs Facebook page. “I just want somebody to look into this stuff. ... It’s all about ethics in my mind.”

Former Mayor Ron Fisher, who lost to McMasters in November 2013, attended Tuesday night’s meeting, and called the accusation­s against Campbell and Conaway a “witch hunt.”

Conaway was recently asked by the city to perform due diligence, at no cost, on a potential site for a new fire station. Council on Dec. 29 approved the motion 61, a vote that Campbell recused himself from.

Councilman Tyler Starline voted against it, noting the city should put the project manager position for the project out to public bid. A profession­al services contract is not subject to a competitiv­e bid process, per city ordinance, officials said.

Smith said Campbell should have recused himself in previous votes related to Conaway. Campbell said his recusal that night was a one-time decision.

“I just feel like I’ve been stalked for 12 months solid,” Campbell said. “I feel I’ve been cyberbulli­ed. That’s why I recused myself. I didn’t want to take a chance of jeopardizi­ng the third fire station.”

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