Dann Live: Dispatch says Gutierrez, Jennings, Simpson in crosshairs

At least one to be fired in attorney general's probe

By James Nash and Alan Johnson

THE COLUMBUS DISPATCH

A top employee of Ohio Attorney General Marc Dann helped create a “hostile work environment” and will be fired immediately, an internal investigation of sexual harassment complaints released this morning says.

Anthony Gutierrez, Dann's longtime friend and general services director, will lose his $87,500-a-year job. Along with the sexual harassment, he repeatedly drove a state vehicle after consuming alcohol, the report said.

Three other Dann employees are likely to get disciplinary action, the report said.

Leo Jennings III, Dann's communications director, should be “harshly disciplined for his attempt to improperly interfere with this investigation.”

He “attempted to impede the investigation by attempting to persuade (assistant attorney general) Jennifer Urban to give false testimony under oath.”

In a text message to Dann, Urban said, “I will not lie like Leo wants me know…I love you and Tony and Leo, but not enough to get disbarred.”

Dann's top nonlegal adviser, Edgar C. Simpson, should be “disciplined” because he violated equal employment opportunity and professional conduct standards by failing to respond adequately to the sexual harassment complaints.

Another employee, Joyce Chappel, chief operating officer, should receive additional management training for not taking sufficient action after learning of Gutierrez ‘s sexual harassment, the report said.

Dann himself exercised “poor judgment” but investigators said they didn't consider themselves to be the “moral police” and probe rumors of affairs between supervisors and subordinates. Dann's scheduler, Jessica Utovich, 28, was often seen at his Dublin-area residence; Dann said only to deliver schedules.

Dann has a press conference scheduled for later this morning.

The biggest scandal of Dann's administration was sparked April 6 when The Dispatch detailed the harassment allegations from two junior employees of Dann's general services department: Vanessa Stout and Cindy Stankoski, both 26.

They filed complaints March 31 that their boss, Gutierrez, had repeatedly made unwanted sexual comments and advances toward them.

The complaints cut close to Dann, a Democrat in his first term.

The attorney general lives two houses down from Gutierrez in suburban Youngstown and the two have been close friends for about 20 years. Dann hired Gutierrez for the state job shortly after taking office in 2007 even though a background check showed 27 tax liens and civil judgments and a personal bankruptcy. Dann also had picked up Gutierrez from a drunken-driving arrest in September 2006 in which Gutierrez' blood-alcohol content was nearly twice the legal limit.

In addition, the complaints alleged that some of the harassment they had experienced at Gutierrez' hands took place in the Dublin-area condo formerly shared by Dann, Gutierrez and Jennings.

Dann was in the condo on the night of Sept. 10, 2007, when Stankoski claimed that she awoke after a night of drinking next to an underwear-clad Gutierrez, and with her pants partially unbuttoned.

Dann placed Gutierrez on administrative leave April 7, the day after the Dispatch story. Jennings was suspended several days later.

Dann, normally an outspoken public figure, has had little to say about the investigation. At one point he referred to himself as a “tangential witness” rather than a potential target. He has refused to answer any questions about what he may have known about Gutierrez' conduct.

The sexual-harassment complaints have opened a spigot of revelations and rumors about Dann and staffers in his office.

One of the most nagging questions concerns the 46-year-old Dann's relationship with his 28-year-old former scheduler, Jessica Utovich. Stankoski said she saw Utovich either in pajamas or sweatpants at the condo with Dann on the night of Sept. 10. E-mail messages between Dann and Utovich released by his office under a public-records request show a close and occasionally volatile relationship between the two.

Since the investigation began, Dann's office has produced documents showing that Gutierrez crashed two state vehicles. Separate records show that Dann's campaign fund helped pay the rent at the Dublin-area condo last year. Some current and former employees stepped forward to claim that the office is plagued by profanity and abusive behavior. And Dann's chief of staff confirmed that he is dating a middle manager in the office, although he said the manager is not part of his chain of command.

Through it all, many outside observers have faulted Dann for handling the investigation in-house.

Dann's spokesmen have responded by saying that Espy's integrity is above reproach and that Stankoski and Stout can seek alternatives if they feel the in-house investigation was tainted.

In fact, the two already have filed complaints with the federal Equal Employment Opportunity Commission.