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Ohio Elections Commission finds no violation by Carcelli
By Sarah Lehr
STRUTHERS
The Ohio Elections Commission has found Struthers school board member Ronald Carcelli did not violate state election law when seeking a hole sponsor for Mayor Terry Stocker’s annual golf outing.
Struthers Law Director Atty. Dominic Leone filed a complaint with the commission in June, alleging Carcelli had improperly solicited political funds for the golf outing while he was in city hall.
A section of Ohio elections law, referring to political contributions, states: “No person shall solicit a contribution from any public employee while the public employee is performing the public employee’s official duties or is in those areas of a public building where official business is transacted or conducted.”
Carcelli appeared Wednesday before the commission in Columbus for a review of the complaint against him. Carcelli did not address the commission directly, though his attorney, Jay Macejko, spoke on his behalf.
Six members of the commission voted unanimously Wednesday that no violation had taken place. OEC representatives said the commission’s disposition letter would not be publicly available until the commission approved the minutes of Wednesday’s meeting.
Carcelli filed an affidavit with the commission in July in response to Leone’s complaint. The affidavit states Carcelli did ask Catherine Cercone-Miller, the law director’s assistant, if Leone “would be interested in sponsoring a hole for the Mayor’s upcoming golf outing, or words to that effect.”
However, the affidavit states, “at no time did [Carcelli] solicit a contribution” from Cercone-Miller or any other public employee. It also argues Carcelli did not meet the definition of a “public employee” under state law and was instead acting as a “private person” during all relevant times.
Macejko submitted a letter with the affidavit asking the commission to disregard several Vindicator articles that Leone had enclosed along with his complaint. The articles and a letter to the editor referred to Carcelli’s 2005 conviction for unlawful interest in a public contract due to Carcelli’s conduct while he was the city’s street supervisor.
Carcelli had his record sealed in 2012.
“[W]e want to keep this inquiry focused and do not wish for any bad blood or politics to affect this inquiry,” Macejko’s letter stated.
Leone expressed surprise Wednesday at the commission’s decision.
“Wow,” he said. “I’m curious as to what their reasons were. ... [He] Carcelli stated in the newspaper that he violated the law. In my opinion, he admitted it.”
Carcelli told The Vindicator in June that he had solicited sponsorship for the golf outing while in the law director’s office. Carcelli also initially suggested to the newspaper that the outing did not constitute a political cause and that asking for sponsorship did not count as asking for money.
Funds from the annual Terry Stocker golf outing benefit the Committee to Elect Terry P. Stocker. It cost $100 to sponsor a golf hole at the outing.
OEC Executive Director Philip Richter said it would be difficult to speculate on what sanctions Carcelli would have received if the commission had found a violation because complaints such as the one filed against Carcelli are relatively rare.
Richter added, however, that the commission has the ability to administer fines up to $1,000.
Carcelli and Macejko did not return requests for comment. Carcelli, not to be confused with his nephew, Struthers Councilman Robert D. Carcelli III, D-4th, lost a primary bid in 2015 to be the Democratic candidate for Struthers mayor.