Ex-aide to Dann requests hearing

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Anthony Gutierrez

The Liberty man’s criminal trial is scheduled to begin next week.

COLUMBUS (AP) — A top aide to former Ohio Attorney General Marc Dann is seeking a hearing on fraud allegations against his former business, which could extend beyond the start of his criminal trial.

Anthony Gutierrez of Liberty wants a chance to protest the results of an audit and investigation by the Ohio Bureau of Workers’ Compensation into the Liberty-based MTV Construction business. The business is now owned by Gutierrez’s wife.

Gutierrez asked for the hearing July 29. Under Ohio law, he is entitled to a hearing with the bureau within 60 days of the request, bureau spokeswoman Maria Smith said. He’s also entitled to a second appeal to the bureau administrator if he is not satisfied with the outcome of the first hearing.

It’s unclear whether the hearing request will have any bearing on Gutierrez’s criminal trial proceedings, which are scheduled to begin Monday. Franklin County Prosecutor Ron O’Brien and Gutierrez’s attorney, Karl Schneider, didn’t immediately return phone messages Monday seeking comment.

Gutierrez was the central figure in a pair of sexual harassment complaints by two female employees of Dann’s office. The complaints ultimately prompted Dann, a Democrat from Liberty, to resign in 2008.

Gutierrez, Dann’s director of general services, was indicted May 14 on 10 criminal counts. The charges hinged largely on allegations of misconduct related to MTV, including theft in office, unauthorized use of state property, soliciting or receiving improper compensation, and workers’ compensation fraud. He has pleaded not guilty.

Hundreds of businesses statewide request adjudication hearings each year when they disagree with findings of the BWC, and workers’ compensation lawyers say it is unusual that Gutierrez’ administrative options wouldn’t have been exhausted before he was criminally charged.

In an executive order last year, Gov. Ted Strickland urged state agencies to waive penalties for first-time violators of their regulations, where appropriate, and to educate business owners on complying with rules before penalizing them. The order said penalties should be “proportional to the circumstances.”

Bureau records show that investigators leaped into action against Gutierrez after reading newspaper accounts that he operated a personal business on state time and with state equipment. His boss, Dann, had been a vocal critic of their agency during an earlier state investment scandal.

Investigators reviewed four injured-worker policies linked to Gutierrez and his businesses’ payroll records.

The American Civil Liberties Union of Ohio championed legislation requiring state agencies to determine which employees have access to sensitive personal information, and valid reasons for accessing it, and creating systems to track checks.

Executive Director Christine Link said she believes the Gutierrez case is different.

“If your business showed up in the news with all kinds of allegations against it, wouldn’t we be critical of government if they didn’t pull the file?” she said. “It’s walking this edge of the paper between privacy and the public’s right to know.”