Petition to remove Carey councilman heard in court

UPPER SANDUSKY — The Wyandot County Probate Court on Friday dismissed a case seeking the removal of Carey Village Council member Evaristo Hernandez, ruling that the village failed to meet the burden of proof. Judge Doug Rowland presided on the case. The complaint, filed in February 2026 and supported by more than 120 Carey residents, stemmed from a 2024 independent investigation, that cost the village over $3,000, that accused Hernandez and former council member and mayor Chad Kin of micromanaging village operations and engaging in misfeasance and malfeasance. The investigative report concluded that Hernandez and Kin had repeatedly acted outside the lawful scope of a council member's authority, citing improper interference with village operations. Earlier this year, a complaint was filed with the Wyandot County Probate Court that included over 120 signatures from Carey residents. According to the complaint, the investigative report found that Hernandez "repeatedly engaged in conduct inconsistent with the lawful legislative role of a council member" which was deemed "improper interference with village operations. On Friday, the court heard the case in a Wyandot County courtroom. Hernandez represented himself and village solicitor Jim Gucker represented the village. According to Gucker, the village had a burden of proof that needed to be "clear and convincing." Calling Hernandez as the first witness, the court heard that Hernandez was offered no formal training on how to be a member of council, but was directed to online resources, including Ohio Revised Code 731.05. "The powers of the legislative authority of a city shall be legislative only," the ORC states. "It shall perform no administrative duties and it shall neither appoint nor confirm any officer or employee in the city government except those of its own body." While on the witness stand Hernandez also told Gucker that he had never been interviewed for the previous investigation. He also denied all claims of wrongdoing cited in both the investigative report and complaint filed with the court, including an alleged instance where Hernandez accused members of the Carey Fire Department of drinking alcohol while on the clock. Hernandez said he believed the claims made against him to be "politically motivated." Gucker brought other witnesses to the stand including other council members and residents of Carey who had signed the petition for removal. In testimony, none of the witnesses could verify the claims made in the investigative report. None of the five other witnesses could say they had personally witnessed the allegations made against Hernandez. During closing arguments, Hernandez told the court he didn't believe the village had met the burden of proof. Rowland agreed. He said he believed the closest violation Hernandez had been accused of was asking village works staff to put no parking signs in front of Hernandez's residence in advance of the eclipse in April of 2024. He also called the investigative report hearsay statements that were unable to be verified by witness testimony and dismissed the case.