Simonian ran against Burns for mayor earlier this year. On March 13 he filed a complaint with the ethics commission, alleging Burns and Einwich violated city law by doing campaign work with city resources. He accused Einwich of using a city vehicle to deliver yard signs to Burns’ residence.
The commission held a hearing March 16. Einwich testified that the signs became stuck under a fire department vehicle in a store parking lot and that he sent a text to Burns to find out where to take them. Burns testified that he received a text from a number he didn’t recognize and directed the texter to bring the signs to his home.
Simonian also asked for all three members of the commission to recuse themselves because they were appointed by Burns and supported him for re-election. He wanted the hearing to be continued so more investigation could be done, including having the commission inspect Burns’ cellphones for calls or text messages to or from fire department personnel between Jan. 1 and March 16 and for all emails Burns sent or received from fire department employees from Jan. 1 to March 6.
The commission refused his requests and dismissed the complaint.
Simonian then asked the court March 22 to review those decision.
He lost the April 7 election.
An attorney for the city argued Thursday that Akemann doesn’t have authority to review the commission’s decision because there is no specific provision in the city’s ethics ordinance for a judicial review. State law only allows that if it is expressly stated in the ordinance, lawyer Alex Schenoo said.
Simonian’s attorney, Tim McLean, argued that elsewhere in the Geneva City Code, it says all code violation decisions are subject to judicial review. Schenoo contends that only applies to decisions made by officers hearing cases about building and traffic violations.
Akemann will email a written decision to the attorneys and did not set a date for his decision.
