Board of Developmental Disabilities Reaches Settlement with Brian Ames, “Open Meeting Bounty Hunter,” Resulting in No Payments to Ames
Board of Developmental Disabilities (BODD) Meeting - February 19, 2025
Meeting Details: The Board of Developmental Disabilities held a Regular Meeting at 6:00 pm on February 19, 2025 in the Administration Board room at the Metzenbaum Center at 8200 Cedar Rd., Chesterland, OH 44026. Virtual access is available via Zoom, and the agenda was provided in advance. For Virtual Meeting Information contact Kellie Tvergyak-Oznowich at ktvergyako@geaugadd.org.
This observer attended in person. The regular meeting followed a work session as set forth below.
Public Comment: Board of Developmental Disabilities does not have a written public comment policy. In practice, public comment is solicited at the end of the meeting.
Board Attendance:
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Dave Lair - President
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Laura Janson - Vice President (absent)
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Uschy Keiper - Secretary (absent)
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Dave Welty
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Martin Miller
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Stacey Wilder
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Tristan Sanchez (joined at 6:12 pm)
Developmental Disabilities Staff:
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Don Rice - Superintendent
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Dave Carlson - Assistant Superintendent
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Rean Davis - Business Operations Director
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Tami Setlock - Support and Service Administration
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Richelle Mills - Transportation (via video)
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Megan Thirion - Employment First
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Meredith Myers - Early Intervention (via video)
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Janice Chesnes - Human Resources
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Kellie Tvergyak-Oznowich - Administrative Assistant
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Jeff Svendsen - Investigative Agent
Others Present:
Work Session
The board conducted its annual mandated training on Major Unusual Incidents (MUIs) to ensure compliance with state laws and regulations regarding the reporting, investigation, and prevention of incidents involving individuals with developmental disabilities. The session was led by Mr. Svendsen, MUI Investigator for Geauga County Board of Developmental Disabilities.
The primary objectives of the session were to:
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Educate board members and staff on state definitions, classifications, and reporting processes for MUIs.
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Review trends in MUI occurrences and discuss prevention strategies to ensure the health and safety of individuals receiving services.
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Highlight upcoming regulatory changes expected in 2025.
Definition of Incidents - The state defines incidents affecting individuals with developmental disabilities as either Major Unusual Incidents (MUIs) or Unusual Incidents (UIs):
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MUIs involve serious situations that pose an immediate or potential risk to the health, safety, and welfare of an individual. These require investigation and reporting to state authorities.
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UIs are events that do not meet the severity of an MUI but still require documentation and review to prevent future risks.
MUI Categories & Reporting Requirements - MUIs are classified into three protocol levels based on severity:
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Protocol A – High-Risk Incidents (Most Severe) - These incidents require immediate reporting, thorough investigation, and extensive prevention measures.
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Protocol B – Serious but Non-Criminal Incidents - These incidents require prompt action but are not necessarily criminal.
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Protocol C – Other Significant Incidents - These situations require investigation but are less severe.
Reporting & Investigation Process - Who is Responsible for Reporting?
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Providers, caregivers, and mandated reporters are legally required to report all suspected MUIs immediately.
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Families, guardians, and individuals can also report concerns to county or state officials.
Reporting Timelines:
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Immediate action must be taken to ensure safety.
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Incident reports must be submitted by 3 PM the next business day.
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The County Board must review and determine if the incident qualifies as an MUI.
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Investigations must be initiated promptly to identify root causes and corrective actions.
Investigation Process:
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County Board Role:
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Initial review and classification of the incident.
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Assigning an investigator to collect evidence, interview involved parties, and analyze contributing factors.
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Coordination with law enforcement and other state agencies if necessary.
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State Oversight:
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The Ohio Department of Developmental Disabilities (DODD) requires MUIs to be entered into their online system for monitoring.
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The state may intervene in high-profile cases, particularly those involving systemic failures or criminal allegations.
Data & Trends in MUI Cases - Mr. Svendsen provided local and statewide data trends to help the board understand recurring issues and areas for improvement.
Local Incident Data for 2024:
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Total MUIs Reported: 127
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Notable Incidents:
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7 related to abuse allegations from a single residential facility, prompting a focused investigation.
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61 hospitalizations (largest category).
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Multiple cases of peer-to-peer aggression and rights violations.
Statewide Trends:
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Individuals with developmental disabilities are four times more likely to be victims of violent crimes.
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The most common MUI categories include hospitalizations, significant injuries requiring medical treatment and financial exploitation and fraud
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Females with disabilities are more likely to be victims of verbal and sexual abuse compared to males.
Prevention & Compliance Measures - To mitigate risks and reduce recurring incidents, the following prevention strategies were emphasized:
2025 Regulatory Changes - The board was informed about upcoming changes to state MUI rules, which include:
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Expanded definitions of certain incident types (e.g., broadening the category of developmental disability-related neglect).
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Longer investigation timelines (moving from 30 to 45 business days).
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Stronger enforcement actions against providers who fail to report or mitigate risks.
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Additional training requirements for direct support professionals.
Mr. Svendsen informed the Board that the State Department of DD maintains an abuser registry which is a list of names of Developmental Disabilities employees who have been involved in significant events and are deemed to be the primary person involved or perpetrator. He explained that the BODD references this list before hiring. A notice of this list as well as the Ohio Bill of Rights for People with Developmental Disabilities were provided to Board members who are required to sign annually that they received these documents. The Board thanked Mr. Svendsen for his presentation and he departed the meeting.
After the working session, the Board meeting was called to order at 7:00 pm by Ms. Tvergyak-Oznowich.
Minutes: Minutes for the January 15, 2025 Board Meeting were approved without edits.
Donation: A donation from Mr. Mark Glassman in the amount of $200 to the general fund was approved.
The Board took the following actions:
APPROVED - Financial statement for the period of January 2025. Ms. Davis noted that the building lease expense section of the report was expanded.
APPROVED - The Board reviewed financial transactions in the amount of $326,791.97 processed during the period of January 2025 and the year-to-date Purchase Order certifications report totaling $10,363,256.86. The Ethics Council previously reviewed these financial transactions and determined that the payments do not represent a conflict of interest and no violation of the ethics rules was determined to have occurred.
APPROVED - Voucher expenditure payments totaling $124,073.53 for the month of January 2025.
APPROVED - Locally funded service agreement with Nancy Leygraaf in the amount of $5,000 for transportation purposes. The Ethics Council previously reviewed this contract.
APPROVED - Then and Now certification for Fogle/Stenzel Architects Inc. for $433 for an exterior stair addition for House D.
APPROVED - Locally funded service agreements with Deborah Gates for $5,000 for transportation services and Tru Community for $35,000 for adult and non-medical transportation services.
APPROVED - A $3,500 grant request from the Metzenbaum Foundation in support of the Free Community Metzenbaum Carnival.
APPROVED - Settlement agreement with Brian Ames regarding legal fees and dismissal of the case. Mr. Rice explained that Mr. Ames sued BODD along with other public entities in Geauga County claiming Open Meetings Act violations. BODD and its liability insurers chose to fight the claim thinking it was frivolous. After back and forth through the appeals process, the BODD and Mr. Ames reached a settlement calling for Mr. Ames to drop the case, cover his legal fees and the court costs and for BODD to cover its legal costs. Mr. Ames also agreed with prejudice not to file a claim against BODD again. The BODD legal fees are covered by their insurance company. Observer Note: Mr. Ames has sued the Berkshire Board of Education, West Geauga Board of Education (2 times), Geauga County Republican Central Committee, Bainbridge Township Trustees, and Geauga County Board of Revision among others, claiming Open Meeting Act violations. According to a Geauga Maple Leaf article, he is “a self-proclaimed ‘bounty hunter’ for open meetings violators” and resides in Portage County. He is president of the Open Government Advocates, also known as The Advocate, a nonprofit organization based in Mogadore, Ohio that works for transparency in government.
APPROVED - Disposal of outdated or unusable assets, primarily equipment for CPR training.
The Board received the following status and program reports:
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Population & Service Updates
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Employment & Habilitation Services
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Human Resources
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Annual Training & Compliance Updates
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Board and staff completed annual training on abuse prevention, reporting, and compliance.
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Review of changes to state regulations affecting provider responsibilities and reporting.
The Board discussed the following:
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Upcoming Events - The following were discussed:
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Ms. Chesnes briefed the Board on the annual Community Carnival scheduled for March 1, 2025 to bring awareness of developmental disabilities. Expected attendance is 750-800 people, and there will be free entry, games, and activities for the community.
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Mr. Rice discussed the annual Golf Fundraiser on June 13, 2025 to be hosted at St. Dennis’s golf course. It is open to board members, sponsors, and community participation.
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Transportation Rates - Mr. Rice briefed the Board on transportation Rate Changes by the state of Ohio. Rates increased from $17 to $26 per trip and the annual cap was raised from $10,000 to $15,000 per year, but distance limitations remain an issue.
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MSI Contract - Mr. Rice notified the Board of an upcoming meeting on February 25, 2025 with Metzenbaum Sheltered Industries (MSI) to discuss its contract. He asked for a BODD member to participate in the meeting. Observer Note: In a follow up email, Mr. Rice explained that MSI provides employment, transportation, and Adult Day Programs like habilitation and workshop programs in Newbury and Middlefield.
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IT Services - Mr. Carlson updated the Board on IT services explaining that he reached an agreement with Geauga County Automated Data Processing (ADP) to provide a temporary on-site IT support trial expected in March.
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IDEA Part B - Mr. Rice explained that IDEA (Individuals with Disabilities Act ) Part B is federal grant money administered through the Ohio Department of Education. BODD uses the funds to supplement salaries of 2 people in the Employment First area where they work to transition individuals from high school to adult programs. Under the statute, BODD is required to include IDEA on the Board agenda and also to publicly post a notice for public comment. He indicated that $53,000 was budgeted for these funds in the current year.
Public Comment: Mr. Rice asked if there were any comments from the floor, and there were none.
The meeting was adjourned at 7:27 pm.
The next BODD meeting is scheduled for March 19, 2025 at 6 pm.
Minutes when posted are available here: Board Meeting Summaries|Geauga County Board of Developmental Disabilities
Observer: Carol Benton
Editor: Gail Roussey
Reviewer: Sarah McGlone
Submitted: February 27, 2025
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