BATAVIA, Ohio — A Village of Batavia council member has been charged with assault after an alleged incident following a public meeting, the Clermont County Sheriff's Office said.
The sheriff's office said a physical altercation happened outside the Batavia Village Administration Building on Monday, shortly after a public participation session during a council meeting.
Council member Michael Gardner, a former Batavia police chief, followed a resident who addressed council outside of the building and verbally confronted them, according to CCSO. The verbal altercation then escalated when Gardner physically assaulted the resident.
Both Gardner and the resident, identified as William Albright, declined medical attention.
Watch to see video capturing the moments of the alleged assault:
The criminal complaint reported that Albright held his middle finger up at Gardner. The two then left the room, leading to the altercation.
“He told me, 'Flip me off again,' and I did it again, and he took a swing,” Albright said.
Gardner was charged with one count of assault Tuesday and taken to the Clermont County Jail. He was granted a $7,500 cash bond in court.
Magistrate Matthew Graber approved a temporary protection order against Gardner when he was back in court Wednesday morning.
The council member asked the magistrate how this order would impact his elected position.
"I would encourage you to talk to your lawyer about the ramifications of the protection order," Graber said.
We spoke with Gardner after the hearing, who said he has no comment on the matter.
We also reached out to the village for comment on the situation.
"The matter is under review by the Clermont County Sheriff's Office," a statement from the village said. "Once the review and any related investigation has been completed, any records will be provided to the extent permissible under Ohio Law."
Documents from the Village of Batavia show that Gardner has faced accusations of inappropriate behavior before.
In 2018, while Gardner was still the chief of the Batavia Police Department, a village investigation found that Gardner was drunk and disorderly while on vacation with two subordinate officers.
The council found that Gardner was guilty of administrative charges that included neglect of duty and insubordination. He voluntarily resigned at the end of that year.
Years later, Gardner was elected to the village council.
