43
Rep: ‘Too many inconsistencies’
The articles of impeachment are sitting in a House committee.
YOUNGSTOWN — State Rep. Mark Okey, instrumental in preparing articles of impeachment against Marc Dann, said he doesn’t believe some key statements made by the attorney general related to a sexual-harassment investigation.
Okey, whose House district includes southern Mahoning County, drafted the nine articles of impeachment — along with two other Democratic House members, all of whom are attorneys.
The Ohio House Democratic Caucus took full aim at Dann, a Liberty Democrat, and filed the articles of impeachment Tuesday.
Okey, of Carrollton, D-61st, said he didn’t believe Dann was completely accurate or truthful when testifying during an internal investigation.
“There are misleading statements,” he said. “You could go through an entire laundry list where he was not truthful.”
For example, Dann testified that he “wasn’t aware” that Anthony Gutierrez, his neighbor and close friend, had applied for a job with the office and was named its general services director.
Okey, who practiced civil law before becoming a state legislator in January 2007, said he finds that hard to believe.
Okey said he also didn’t believe Dann when he said he had no knowledge that Cindy Stankoski worked for his office when she and Gutierrez came Sept. 10 to the Dublin condominium the two men and Leo Jennings III, then Dann’s communications director, shared.
Stankoski is one of the two female attorney general employees who filed sexual-harassment complaints against Gutierrez on March 31, leading to the investigation. Dann fired Gutierrez and Jennings on May 2, when the report was released.
Besides the sexual-harassment complaints, the internal report stated that Gutierrez improperly used state vehicles, ran his construction business on state time and created a hostile work environment. Jennings improperly interfered with the investigation, the report found.
When testifying during the investigation, Dann also sidestepped questions about Jessica Utovich, his former scheduler with whom he had an extramarital affair. Utovich resigned May 1.
“There are too many inconsistencies” in Dann’s testimony. “When you’re a lawyer you look at circumstantial evidence, and there’s a lot of it.”
Dann had a pattern of misconduct in his office that led to the filing of the nine articles of impeachment, Okey said.
The articles were written largely from reviewing the internal attorney general investigation report and the transcripts of interviews conducted for the report, Okey said.
The three legislators wrote the articles and reviewed them Monday night with a majority of the House Democrats, Okey said.
The report described the attorney general’s office as one filled with cronyism, poor management and without proper oversight.
The nine articles accuse Dann, an attorney, of obstructing the investigation, intentionally making misleading statements under oath, not being competent or qualified to do his job [something Dann admitted May 2], failing to ensure the safety and security of state property, failing to investigate improper use of state property and neglecting to recognize the misuse of state property for personal business.
Article Nos. 8 and 9 accuse Dann of gross neglect of duty, betraying the public’s trust and committing “acts of gross immorality” and knowing his personal conduct “undermined the effectiveness and efficiency of the office.”
The state Legislature is empowered to impeach statewide officeholders and all judges. The state hasn’t impeached anyone in about 200 years.
“It hasn’t been used because [legislators] are scared to use it,” Okey said. “If you set the precedent someone might use it against you.”
But Okey said he’s not concerned Dann’s potential impeachment would set a dangerous precedent.
The Republican-controlled Legislature doesn’t appear eager to move the process along, Okey said. The articles were referred to the Rules and Reference Committee.
“It can move as fast or slow as the majority wants,” Okey said. “Impeachment in this matter is plausible and justified.”
House Speaker Jon Husted, a Kettering Republican, expressed concern about some of the articles and said the process shouldn’t be rushed.
Under state law, the House introduces an impeachment with a majority vote needed to move the matter to the Senate. The Senate has a trial, and two-thirds of its 33 members must vote to convict.
The Legislature may not have to deal with an impeachment, however.
Dann offered to resign Tuesday under certain conditions. He could still resign as early as today, according to various media reports and statements from those close to Dann.
Also Tuesday, the House and the Senate empowered the inspector general to conduct an investigation of Dann’s office. Gov. Ted Strickland signed the bill later that day.
The inspector general would provide a full report at the end of his work to the governor, the speaker of the House and Senate president. Up to $250,000 would be appropriated for the effort.
Husted provided no details on the duration of the process. “I’ve encouraged [the inspector general] to come up with an investigation in as timely and thorough manner as possible.”
Harry Meshel, a former Ohio Senate leader and ex-chairman of the state Democratic Party, said an impeachment would put elected officials on notice.
“This will give people a warning in Columbus that they can’t overstep the bounds of decency without being taken to task publicly,” he said.
Meshel said the outrage expressed by the public and the press is helping to drive the impeachment process.
“When you see an overwhelming response, you react,” he said.
Paul Sracic, chairman of Youngstown State University’s political science department, said the impeachment battle between Dann and his fellow Democrats is like a poker game.
“Ted Strickland the Democrats raised [by calling for the impeachment] and Dann tried to call their bluff,” he said. “So they upped the ante and it looks like Dann’s going to fold.”
Sracic said the articles of impeachment “did a good job of spelling out a parliamentary misdemeanor.”
Sracic also said there should be no concern that a potential Dann impeachment would open the door to others.
“This is isolated,” he said. “It’s a rare situation when the Democrats and Republicans agree to have someone resign.”
skolnick@vindy.com
XMarc Kovac, Vindicator correspondent, contributed to this report.