Medina Township trustees filed petition against fiscal officer regarding unpaid invoice, township employees at risk of losing insurance coverage

MEDINA TWP. — The Medina Township Board of Trustees filed a petition and complaint with the Ohio 9th District Court of Appeals on Oct. 17 to order Medina Township Fiscal Officer Angela Ventura to pay a health insurance invoice. The petition states that a writ of mandamus would order Ventura to comply with her statutory and legal duties to present a warrant for the payment and to countersign the township's check for the past-due invoice from Aug. 28. The invoice is for COSE/Medical Mutual medical, prescription, dental, vision, life and accidental death and dismemberment insurance coverage for the period of Oct. 1 through Nov. 1. The petition states that the insurance policy provides a comprehensive health care plan for full-time township employees and their spouses and/or children. Throughout October, Medina Township has been in a grace period for the insurance coverage. If the invoice is not paid by Oct. 31, the policy will lapse effective Sept. 30, the petition states. "The trustees filed this action because we felt it was necessary to protect township employees and their families," Medina Township Trustee Doug Eastwood said. The petition states that on about Sept. 5, Medina Township received an invoice addressed to Ventura from COSE for the coverage period of Oct. 1 through Nov. 1, for about $27,500. According to Ventura's opposition document, the invoice, which was different from the Aug. 24 invoice received from COSE for $24,136.06, reflected an unauthorized change in Ventura's health insurance coverage as a township employee. The change includes the addition of two dependents to her coverage, who were approved to be removed, according to Ventura's opposition document. "(There's) an unauthorized charge, which I'm not allowed to deduct from their pay, by law, by statute, I cannot deduct that," Ventura said. "So, there's no legal way for me to pay this bill." According to the petition, the township did not direct Medical Mutual to make any changes by adding two people and believes COSE/Medical Mutual interpreted a mutual restraining order in a domestic relations case Ventura is involved in to require the addition. During the Sept. 14 Medina Township trustees meeting, Ventura raised concerns about the change and refused to draw up the warrant for the township's invoice payment, the petition states. At a following meeting on Sept. 22, the Medina Township trustees then unanimously approved a resolution that authorized Ventura to pay the invoice, the petition states, to which Ventura refused. Ventura said that after that point, she said that the township would need legal counsel on the issue because she said she could not make the payment legally. According to the petition, the township informed Ventura that if any adjustments needed to be made later, the township would abide by them after the invoice was paid. "There's just not a way to do that," Ventura said. During a Sept. 28 township trustee meeting, the board authorized a motion that if Ventura did not present the warrant for payment by 4 p.m. Sept. 29, the board would authorize outside legal counsel to advise the board and initiate a civil action, the petition states. The Medina Township trustees unanimously adopted a motion at an Oct. 12 township meeting that would allow the board's outside legal counsel to file a complaint for writ of mandamus if Ventura did not present the warrant by noon Oct. 13. The petition states that on Oct. 13, the township's insurance representative wrote to the trustees that he met with the Medical Mutual of Ohio's attorney and stated that, "at this time, Medical Mutual will continue to honor the present court order and agreement that no changes be made to dependent coverage for (Ventura) until such time as they are presented with legal documentation that a divorce decree has been issued or other court order." "Our petition and emergency motion are fairly detailed," Eastwood said. "I do not think it is necessary to comment further at this time, other than to say that we all are hopeful that the fiscal officer can find it in herself to pay this bill or the court orders her to do so, so that we do not suffer a lapse in coverage." Ventura said that there is a lot of gray area regarding the health insurance invoice, and it's sad for the employees who are stuck in the middle and afraid of losing their benefits. She hopes that the township trustees will honor the Aug. 24 invoice rather than the Aug. 28 invoice submitted so that all township employees can keep their coverage. "I would pay that invoice, and we would get that overnighted to Medical Mutual so that everybody could remain covered and there would be no lapse in coverage," Ventura said. Contact reporter Sara Crawford at (330) 721-4063 or scrawford@medina-gazette.com.