The problem with laws is that they are written by politicians, with help from mediocre lawyers and cunning lobbyists. And, they are amended and changed, without a rewrite of the whole thing. And, they are in quasi-legalese. So, even a lawyer can’t give you a definitive answer. (I purposefully wrote that in a string of disjointed sentences to sound like ORC).
Need an example, go read ORC 122.22– the public meetings law. It’s so contorted that they have to publish a 250 page guide to explain it.
But today, we’re going to talk about “Section 3.16 | Suspension of local official charged with felony relating to official conduct.” Which should apply to Montgomery County Clerk of Courts Mike Foley, who is currently facing 12 felony counts for being a naughty boy in office. The indictment happened July 31, 2024, and the pleas are due on Monday, August 19, 2024. The question for legal minds is, should the process of suspension commenced on July 31, or should it begin August 19? The Supreme Court didn’t waste any time removing his co-defendent Judge James Piergies from the bench. Will they do the same for Foley?
The interesting part in the law is that if it’s a County Official, it’s up to the County Commission to name the replacement. Hello, Lynn Cooper the Democrat running against Foley in November. The 3 dem commissioners, Debbie Lieberman, Judy Dodge and Carolyn Rice wouldn’t put anyone else in that spot (unlike the Dem party that put their boy Russ Joseph in there to lose against Foley, like he lost against McManus…).
But- that’s my interpretation, while I’ve got a head full of snot from a bout of Covid. You read the gobbledygook and tell me who does the appointing?
(2) If the public official suspended under this section is an elected county official, the board of county commissioners may appoint a person in the official’s office as the acting officer to perform the suspended public official’s duties between the date of the signing and filing of the judgment entry suspending the elected county official and the time at which the interim replacement official appointed under division (E)(3)(a) or (b) of this section qualifies and takes the office.
(3)(a) Except as provided in division (E)(3)(b) of this section, for the duration of the public official’s suspension, an interim replacement official shall be appointed by the county central committee of the political party that nominated the suspended public official if the suspended public official is an elected county official, to perform the suspended public official’s duties. Not less than five nor more than forty-five days after the suspension of a public official that is an elected county official, the county central committee shall meet to appoint the interim replacement official. Not less than four days before the date of the meeting, the chairperson or secretary of the county central committee shall send by first class mail to each member of the committee a written notice that states the time and place of the meeting and the purpose thereof. The approval of a majority of the members of the county central committee present at the meeting is required to appoint the interim replacement official.
Could be the commissioners- could be the party, this is why someone needs to hire an editor for the Ohio Revised Codes.
This law went on the books in 2005. I found this article that cites when it has been used from former DDN reporter Laura Bischoff in the Akron Beacon Journal: “Elected officials facing accusations of wrongdoing can be suspended or removed in Ohio” where she gives these examples:
This raises another question for me, does former Dayton City Commissioner Joey D. Williams owe the taxpayers some money he was paid between when he became a “Confidential Human Source” for the FBI in exchange for putting off his indictment for 3 years?
The last clause in the law:
(G) A political subdivision may file a civil action in the appropriate court to recover from any former public official of the political subdivision the amount of compensation paid to that former public official in accordance with this division from the date of the former public official’s suspension to the date the former public official pleads guilty to or is found guilty of any felony with which the former public official was charged.
We know he became a CHS on 10/17/2015, and we know he didn’t resign from office until Feb. 23 2018, after running for re-election as an already discovered felon. Or, maybe the FBI and DOJ should be convicted for misprision of a felony for covering up his bribe acceptance?
I’m also wondering why Judge Richard Skelton is still on the bench? He paid off a former employee as a settlement in a civil case filed in Federal Court (which you almost have to do, since Justice in Montgomery County for the members of the Monarchy of Montgomery County is scant) for making the employee do work at his house. Why the Supreme Court hasn’t removed him, is a big fat mystery.
But, as Leona Hensley once famously said, “We don’t pay taxes; only the little people pay taxes” and apparently, only little people have to abide by the laws around here.
The little diddy I wrote to go with this post: The Foley takedown
And a second version- Dixieland style- I like the words even better this way.
So, innocent until proven guilty doesn’t matter? That isn’t the way America works. But typical of a brain dead Democrat.
Is the guide that interprets the gobbledygook any clearer?
@jonathan- unfortunately- the “Yellow Book” is just as bad. There’s a fundamental question of what an occurrence is- and how if the $500 fine is cumulative.