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Despite guilty plea, outgoing state rep Gerberry can keep campaign account
YOUNGSTOWN
State Rep. Ronald V. Gerberry can choose to keep his campaign account open despite his impending resignation and guilty plea to a misdemeanor related to campaign-finance irregularities that bars him from serving in public office for seven years.
In his most recent campaign filing, which ended June 30, Gerberry, an Austintown Democrat, had $46,691 in his campaign fund.
“Ohio law doesn’t address whether or not you can have a campaign account” after such a conviction, said Joshua Eck, spokesman of the Ohio Secretary of State’s Office. “He could keep it as long as he continues to file annual and semi-annual reports each year.”
If Gerberry doesn’t close the account, he could use the money for legitimate campaign expenses, Eck said.
“We’d see expenditures and determine if they’re legitimate,” Eck said. “It’s hypothetical. We’d have to make that determination when it occurs.”
Gerberry can also close his campaign account by donating the money to charity, candidates and/or a political party, Eck said.
Gerberry is expected to plead guilty to unlawful compensation Aug. 21, said Mahoning County Prosecutor Paul J. Gains, whose office is handling this case.
The most-senior Democrat in the Ohio House, Gerberry already submitted a letter of resignation to Speaker Cliff Rosenberger of Clarksville, R-91st, stating he would resign effective Aug. 21.
As part of the plea agreement, Gerberry is prohibited from holding public office for seven years.
Gerberry has declined to comment to The Vindicator, which exclusively reported the details of his plea, resignation and criminal activity Tuesday.
He purportedly overpaid vendors to make it look as if he spent money and then had much of it returned to him later as a refund, three sources close to the investigation said.
Gerberry did this with several vendors, one source said. In his campaign- finance reports, The Vindicator found several examples of money refunded to Gerberry.
By appearing not to have much cash in his campaign fund, the three sources said, Gerberry would pay less money to the Ohio House Democratic Caucus.
First elected in 1973 to the Austintown school board at the age of 19, Gerberry, now 62, has spent 42 years in public office. Of that time, he served 27 years in the Ohio House.
The Ohio House Democratic Caucus will pick Gerberry’s successor, who would fill the term that expires Dec. 31, 2016.
The caucus is expected to consider recommendations for the seat from the Mahoning County Democratic Party.
The two early leading candidates are county Commissioner Anthony Traficanti and John Boccieri, a former U.S. House member, state representative and state senator. Both say they are considering seeking the appointment but haven’t made final decisions.
Other Democrats who said they might be interested include Austintown Trustee Jim Davis, Poland Trustee Robert Lidle and former Boardman Trustee Robyn Gallitto.
The caucus will provide details of the replacement process in a few weeks.