Mental Health and Recovery Services board votes 11-1 to terminate Joe Trolian's contract
The Richland County Mental Health and Recovery Services Board voted 11-1 to terminate longtime Executive Director Joe Trolian after about an hour-long executive session Monday night.
A hearing into administrative "neglect of duty" allegations against Trolian was held at 5:30 p.m. at the agency, 87 E. First St.
Ron Moton cast the only no vote and another board member was absent.
At Trolian's request, media were permitted to remain in the boardroom instead of Trolian presenting his side of the story behind closed doors in an executive session.
Trolian said he was "disheartened" by the board's action, having devoted the past 20 years of his life to the RCMH&RS board, the last 16 years as executive director.
"I've done everything I can to support and expand mental health addiction treatment services for this community," Trolian said.
"The accusations I face here today are completely unfounded," he said. "I've always exercised the utmost care in carrying out my duties as ethically as possible. I've never used my professional authority or influence for personal gain ort any other improper motive."
Formal administrative charges were filed Nov. 1 against Trolian for alleged neglect of duty and violation of Ohio Ethics Law.
Trolian is accused of paying thousands of dollars from the agency to his wife Christy Ellis-Trolian's company, The Change Companies of Carson City, Nevada, for training, treatment services and books, all in violation of Ohio law.
Background leading up to termination
The mental health agency held an early morning session Nov. 1 and placed the executive director on paid administrative leave.
Board chair Susan Bemiller said at the time there would be "written charges against executive director J. Trolian for neglect of duty, in violation (Ohio Revised Code) 2921.42A1 and (ORC) 2921.42A4 and Ohio Ethics Law."
ORC 2921.42A1 states no public official shall knowingly do any of the following: "Authorize, or employ the authority or influence of the public official's office to secure authorization of any public contract in which the public official, a member of the public official's family, or any of the public official's business associates has an interest."
Trolian is also accused of violating ORC 2921.42A4, "Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected;"
Earlier, Bemiller said under Trolian's contract the board is required to issue written charges in order to have a hearing on them. "And that is his opportunity to share his side," she said.
Trolian says allegations improperly presented
"Anything that may be perceived as personal interest is merely incidental," Trolian said at Monday night's hearing. "I first would like to address the improper way the board has addressed its allegations towards me. I received a notice of written charges against me on Nov. 1, 2023. I immediately requested a hearing on the matter the same day. I was notified about today's date. I wasn't notified about today's date until Tuesday, Nov. 7, which gave me less than a week to prepare my defense. Additionally the notice did not provide me with adequate information to prepare my defense. It stated I was facing charges of neglect of duty under Ohio Revised Code Section 2921.42 A(1) and A(4) and Ohio Ethics Law 102.03. However, it did not provide any information about the actions I took that allegedly amounted to neglect of duty. Nor did it provide me with any evidence it planned to use against me.
"I was left to speculate about the nature of these charges by looking at newspaper articles that contained misleading statements without a defense," he said.
When the allegations were first reported, Trolian told the News Journal that he declined to comment.
Monday night, Trolian took issue with the ORC code sections cited, saying they are criminal statues, which he said was unfair. He said he has never been charged with or convicted of any criminal conduct.
"If I had, I would have at least had the opportunity to have my case heard in front of a mutual jury of my peers. And I would have been presumed innocent until proven guilty. Instead these allegations and subsequent newspaper articles implied criminal behavior when I have done nothing illegal," Trolian said. Also, he said, he could not find anything called Ohio Ethics Law 102.03 and he said he was left to guess if the board meant ORC 102.3.
Trolian said he would do his best to counter the allegations, starting first about his wife's company's Training for Change contract. He said he did his best to ensure that all relevant legal requirements were met as he shared with board chairman Susan Bemiller that ORC 292.42 has a four-part exception to the rule which was clearly met.
"Alleging that I violated this code is unfounded," he said.
Must meet American Society of Addiction Medicine criteria
Next Trolian said Ohio Administrative Code 5122 requires all addiction treatment services certified by the Ohio Department of Mental Health and Addiction Services including those provided by contract agencies of Richland County Mental Health and Recovery Services board to use the American Society of Addiction Medicine, or ASAM, criteria. If the agencies are Medicaid providers then Ohio Administrative Code 5160, which also requires the use of ASAM criteria, applies.
He said The Change Companies has an exclusive copyright on the third edition of the ASAM criteria, the only edition used from 2013 through November of 2023. Only trainers with the ASAM with The Change Company can offer the copyrighted training for the third edition of the ASAM criteria, thus, Trolian said, Richland County MHRS board and other similar agencies across Ohio were required to pay for training from The Change Company or Train for Change to meet that legal obligation.
Trolian further said the Ohio Department of Mental Health and Addiction Services paid The Change Companies to provide these trainings throughout Ohio prior to 2020, during 2020 and in 2023.
"In May 2020, my wife Christy Ellis-Trolian became an independent consultant, not an employee, delivering trainings for The Change Companies. She is the only trainer with The Change Company that has experience with Ohio addiction treatment services," Trolian continued. "So she is especially qualified in conducting these trainings."
He said The Change Companies exclusively assigned Christy to conduct all Ohio, in-person, two-day ASAM skill building training.
When the board sought a three-day ASAM implementation leadership, the company sent a different trainer, Glen Duncan, to conduct the training, since Christy does not do those, Trolian said.
He said regardless of what he thinks of his wife's qualifications, he did not use his influence or authority as executive director to secure the contract to hire The Change Companies for American Society of Addiction Medicine training.
The Ohio Department of Mental Health and Addiction Services authorized Ohio ADAMS boards to use grant funds to pay for training from The Change Companies in 2022.
The RCMHRS board voted to approved the payables to The Change Companies and funding was received from Ohio MOS to pay for the trainings. The board did not question or deny any payables during this time, Trolian said.
"The contract was with The Change Companies, not with Christy herself," he said.
Regarding accusations that Trolian gave a $500 donation to a Lexington Schools play in which his daughter participated in, Trolian said RCMHRS was requested to sponsor an ad in the playbill by the school's music director and coincidentally his daughter had a role in the play.
Trolian said the music director also contracted with Richland Public Health which committed $1,000 for the play in February 2023, "Into the Woods."
Mental health board member resigned in October
Richland County Commissioners on Oct. 24 voted to accept the resignation of J.D. Wachs, a Richland County Mental Health & Recovery Services board member, who they allege was financially benefiting from public monies, in violation of Ohio law.
"This is quite problematic as a sitting board member with additional records that indicate you personally voted on said monies to enrich yourself," Commissioner Tony Vero said in an email Oct. 23 to Wachs. "Additionally, we also (are) in receipt of payments comprised of public dollars that you also personally approved as a board member to an organization known as Gravity Ohio."
In an interview with the News Journal Oct. 24, Wachs said he was unaware of any violations.
Trolian sat on Gravity Ohio's board.
Trolian also was accused by Richland County commissioners of promoting Wachs' company, JW Consulting.
"We would like to continue to encourage agencies to a) build their ability to increase awareness of what they have to offer, b) promote their business and c) help people to Know It Before They Need It. In doing so I have attached an agreement to share funding for with agencies to enter into a consultation agreement with JW Consulting who presented earlier this month, New Day Creative, James Boyd, who present(ed) last spring or any other local firm. Our agreement is to pay 50% for up to 10 hours a month for up to a total of $7,200 per year. If you want to take advantage of this offer, please contact the consultant of your choice and work with them to complete the requirements listed on the agreement, sign the agreement, and send it to me. If you have any questions, please contact me at your convenience. You do not need to be a contract agency to take advantage of this offer, but it will limit it to 7 agencies total," Trolian said in an email.
Monday night, Trolian said he is not a voting member of the board, and has no control over the individual board member's voting matters. As soon as a conflict of interest was raised, Trolian said that JW Consulting firm's contract was canceled.
At the conclusion of Monday's hearing, Trolian asked the board to dismiss the administrative charges.
He left the building before media could ask him for further comment.
The mental health board is expected to discuss the selection of a director at its regularly scheduled meeting on Tuesday.
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This article originally appeared on Mansfield News Journal: Mental health board votes to terminate Joe Trolian's contract
