Ohio Chief Indicted For Illegal Recordings
An Ohio fire chief who was terminated earlier this year, has been indicted on charges that he secretly recorded private conversations of employees. Brandon Montgomery was the fire chief in Mingo Junction from 2020 til February 14, 2025.
His problems began in June, 2024 when Mingo Junction Police Chief Willie McKenzie III reportedly received a complaint about the recordings. Chief Montgomery was placed on administrative leave on June 14, 2024. The Ohio Bureau of Criminal Investigation was brought in, resulting in an indictment by a Jefferson County grand jury on charges of unlawfully intercepting wire, oral, or electronic communications.
The recordings reportedly occurred between January 2020 and June 24, 2024. From media reports it is not clear what Chief Montgomery was recording, and how. Ohio is what we refer to as a one-party state. That means that it is legal for one party to a conversation to record it without the knowledge or consent of other parties. It also means that one party to a conversation can authorize a third party to record it. However, it is a criminal offense for a non-party to record a wire (phone call), oral (in person), or electronic (email, text, instant message, messaging app, cellular, or wireless) communication.
Here is the Ohio statute on point: Section 2933.52 Interception of wire, oral or electronic communications. Some of the key definitions are found here: Section 2933.51 Wiretapping, electronic surveillance definitions.
Chief Montgomery’s removal was not without challenge, as some village council members objected. Here is more on the story.
