Hudson City Council votes to censure member over unauthorized spending on probe
Hudson City Council voted 5-1 Tuesday to censure at-large Councilwoman Nicole Kowalski for acting beyond her authority by initiating an investigation and spending on it without the council's consent.
Council President Chris Foster (Ward 2) said the censure is simply a way for the council to voice its displeasure with Kowalski's conduct. Ward 1 Councilwoman Kate Schlademan was the lone dissenting vote.
Kowalski told the Beacon Journal in an email that Foster failed to show any evidence of wrongdoing on her part.
"I pride myself in my ethical conduct, and believe that a thorough review of all materials will reinforce that," she wrote. "I am disappointed in my colleagues who voted on a censure without complete information. This is clearly politically motivated, and an effort to silence my voice on Council."
Foster said no sanctions accompany the warning.
"It is council saying, 'Mrs. Kowalski, we would like to make sure that this activity ceases; we would like you to stop behaving in that way,'" he said.
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Foster said Kowalski initiated an investigation of a citizen's complaint about an alleged campaign finance violation without the council's knowledge or consent. In pursuing the matter, Foster said, Kowalski spent money that would have required legislative approval.
"A single council member does not have the legal authority to direct staff to bring in outside, county-level prosecutors," Foster said. "A single council member doesn't have the legal right to direct staff at all. The City Council president is essentially the liaison with staff, but only the body of council can direct staff to bring in a county-level prosecutor, and council would have to be fully informed of that. Nobody on council knew anything about this."
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 unconstitutional and unenforceable, and encouraging people to donate in excess of the $100 limit.
According to Foster, Kowalski — who went on to win that election — asked Hudson solicitor Matthew Vazzana whether that action should be prosecuted.
"Apparently," Foster said, "there was a legal opinion drafted by Matt Vazzana — or, it was drafted by [city special counsel] Todd Hunt back in March of last year and delivered to Mr. Vazzana, and others at the time — about potential prosecution of campaign violations."
Ultimately the decision was made not to prosecute.
A campaign finance violation is a minor misdemeanor in Hudson, punishable by a fine of $100. Foster is unsure as to why the city's special counsel, prosecutor and an outside independent prosecutor all decided against prosecuting the alleged violation, but he speculates that it's because the low cost of the fine didn't justify the cost of an investigation.
When Marshal Pitchford took over from Vazzana as solicitor, Foster said the matter was resurrected.
Foster said that during his quarterly review of the city's legal bills, he found mention of time in July that Hunt's firm, Walter Haverfield, billed Hudson for counsel relating to campaign finance.
"I said, wow, all this legislation died in March and May. Why are we paying bills in July on campaign finance legislation?" Foster said. By July, the statute of limitations had passed and the issue was no longer prosecutable, he said.
Foster told the council Tuesday that censuring Kowalski is necessary "for activity that represents wrongdoing by a public official by not informing council of her intent related to legislative activity, and misappropriation of funds for political purposes, and for attempting to bind council as a body by trying to bring this prosecutorial item beyond the bounds of her authority as a council member."
He urged Kowalski "to become more transparent with council and act as a member of this body, rather than acting as an individual authority to do with city resources as she pleases."
Foster also hinted that more severe penalties than censure can be pursued if needed, noting that the council is allowed to expel members under section 3.13 of the city's codified ordinances.
Kowalski, who has clashed with Foster on many issues in their time together on the council, has pushed to reform the city's campaign finance laws — including a failed attempt to remove the $100 personal donation cap in the interest of making campaign financing more equitable.
Foster denied that the censure is political in nature, saying that the two of them rarely communicate on anything, and that Kowalski operates largely on her own.
Contact reporter Derek Kreider at DKreider@Gannett.com
This article originally appeared on Akron Beacon Journal: Hudson City Council votes to censure at-large rep Kowalski
