The disciplinary hearing for Shawnee Township Fire Chief Austin Miller faces another potential rescheduling, with township trustees set to discuss the issue during their regularly scheduled 4 p.m. meeting on Monday, Sept. 14. The meeting will take place at the Shawnee Township building, located at 2530 Fort Amanda Road in Lima. Trustees are expected to consider a recommendation from their attorney to push the hearing back to late September, despite a recent agreement establishing the Sept. 14 date.
The hearing aims to consider Chief Miller's termination based on four administrative charges issued on Aug. 26. Chief Miller has been on leave from his position since May 11.
Trustees' attorney Dan Sabol stated in a Friday afternoon email that trustees would make no decision on the matter until they consider the issue at their Monday meeting. Sabol himself had informed The Lima News via email Thursday afternoon about his request to reschedule the hearing.
Sabol is recommending that the hearing be moved to 4 p.m. Monday, Sept. 28, 2026, at the same township building location. The reason for this proposed delay, according to Sabol, is the township's inability to secure an attorney to serve as the hearing officer for the previously agreed-upon Sept. 14 date. Sabol emphasized that a hearing officer is "essential to a fair hearing and due process" under the applicable statute. He added that rescheduling would provide for a comprehensive administrative hearing on the charges against Chief Miller.
Miller's attorney, Dalton Smith, has strongly objected to any further delay. Smith emailed his objection upon learning that Sabol intended to request a continuance, arguing that the Ohio Revised Code does not mandate the availability of a hearing officer for such proceedings. Smith expressed his concern, writing that he found it "troubling that the prosecution would ask for a continuance" due to the lack of an officer, and questioned "Why would they care?" He further speculated that this suggests the prosecution is admitting the "impartial hearing officer" is "necessary for their case."
Smith also asserted that under the relevant code, Chief Miller is "the only one who can request a continuance," a request which Smith confirmed Miller "is expressly not doing." He stated that he and Chief Miller plan to be "showing up Monday prepared to go forward." Smith concluded that if the township does not proceed with the hearing as scheduled on Sept. 14, it should "drop this farce and allow Chief Miller to get back to work."
The disciplinary process has already seen one rescheduling. The hearing was initially set as a special meeting for Thursday, Sept. 3. This initial date was chosen by the township, citing Ohio Revised Code Section 733.37, which requires a hearing to occur no later than 15 days after charges are issued. However, Miller's attorney, Smith, objected to this date. He argued that the hearing should instead follow Ohio Revised Code Section 733.36, which prescribes scheduling for the township's "next regular meeting," which was Sept. 14. Smith's objection also cited delays in receiving requested records, including witness statements "they intend to use in this case," which he had just received the morning of his objection. Following discussions between both parties, they eventually agreed to move the hearing to after the Monday, Sept. 14, township meeting.
Regarding Chief Miller's employment status, he was on paid leave until Aug. 25, and then on unpaid leave until Sept. 9, according to an agreement reached by the parties on Sept. 3. In his recommendation for rescheduling, Sabol also suggested that Miller "continue to receive full pay and benefits" for the additional time period if the hearing is indeed moved to Sept. 28, 2026.
Sabol reiterated via email that he will present his recommendation for the Sept. 28, 2026, rescheduled date to the trustees at Monday's township meeting. Should the trustees ultimately decide to proceed as originally planned, Chief Miller’s hearing would then begin immediately after the conclusion of the Monday, Sept. 14, meeting.
