Aug 15, 2025 By Mike Jones 4 min read

In a split vote that followed a contentious debate during Thursday’s meeting, the Washington County commissioners voted to hire outside attorneys to appeal an open records decision that blocked them from receiving various documents requested from the county’s Tourism Promotion Agency.

Commissioners Nick Sherman and Electra Janis voted to hire law firm Peacock Keller as special counsel and pay its attorneys $200 per hour to file the appeal challenging last week’s Right To-Know denial for various tourism documents, a move that Commissioner Larry Maggi vehemently disagreed with as he and Sherman sparred over the decision.

Sherman said the county has reached out numerous times to Washington County Chamber of Commerce President Jeff Kotula – who oversees the tourism agency – for various financial documents and other records after filing an open records request in April asking for them. The state Office of Open Records denied that request Aug. 5 because the tourism agency is not a government entity, although it acknowledged the county has other ways to force compliance, such as withholding funding or even threatening to dissolve the agency.

“We’ve made multiple attempts to receive these documentations over the last four months,” Sherman said. “I’ve met Mr. Kotula in person, who told us he would give us these documentations. Here we are four months later and we still don’t have them.”

Sherman said his secretary has also made several attempts to meet with the chamber, which oversees the tourism agency as part of a joint operating agreement, but has not received the information they desire. That brought a strong rebuke from Maggi, along with a tense back and forth disagreement between the two commissioners.

“That’s totally inaccurate. That’s not accurate what you said. He’s called you several times in the last couple days,” Maggi said, adding that the tourism agency has turned over 20 years worth of audits and a multi-pronged response in April, and that Kotula has since made attempts to meet. “There were numerous opportunities to meet, and you just didn’t meet.”

“That’s not accurate at all,” Sherman responded.

“We disagree,” Maggi said.

“We don’t disagree,” Sherman said. “You’re inaccurate, and it’s a lie.”

“I’ve never called you a liar, sir,” Maggi said.

“I’m not lying up here,” Sherman said.

“Well, you’re inaccurate,” Maggi said.

The tourism agency receives about $2.5 million in annual hotel tax revenue, which is more than 90% of its total income source. The chamber is being paid $1.6 million over 10 years to oversee the tourism agency, a move Sherman voted against in September 2023.

Sherman did admit that Kotula called him Wednesday, and he returned his call Thursday morning, although it was unclear whether they spoke on the phone or scheduled a meeting. Sherman said he wants more information than just the audits, such as salaries, administrative costs, the amount spent on actual tourism promotions and how much is being paid to outside consultants.

“Commissioner Maggi, if you’re saying it’s inaccurate you’re more than welcome to provide the documentation we’ve asked for,” Sherman said. “Do you have such documentation on file?”

“We have audits on file,” Maggi said.

Maggi then questioned the need to hire the special counsel to appeal last week’s open records ruling to Washington County Court of Common Pleas, which will eventually decide the matter.

“Do you know how much this is going to cost taxpayers?” Maggi asked.

“A whole hell of a lot less than we’re paying the chamber (to oversee tourism),” Sherman said. “It’ll be less than the millions we’re paying the chamber, I promise you that,” Sherman said.

“You’re taking things out of context, Nick, like you always do. Like you always do. Do you really want to sit up here and argue in front of the people?” Maggi said.

“I could do it all day,” Sherman said. “I got to be at the (county) fair tonight, but the rest of my day is clear.”

County solicitor Gary Sweat, who handled the initial open records request, told the commissioners that Peacock Keller’s contracted rate is $200 per hour. It’s unknown how long the appeal will take or when the Court of Common Pleas will rule on the matter.

With that contentious debate over, the commissioners voted 2-1 to have Peacock Keller handle the appeal.