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GUTIERREZ UNDERLING
Another worker caught in AG web
Friday,
May 9, 2008 3:20 AM
THE COLUMBUS DISPATCH
Some Democrats have expressed some hesitation about impeaching Attorney General Marc Dann. The Dann ScandalPrevious coverage
Another of Attorney General Marc Dann's employees has been suspended, accused of helping her
former boss, Anthony Gutierrez, run his Youngstown construction business from his state office.
Meanwhile, the unified front of top state Democrats calling for Dann to resign or face impeachment is starting to show some cracks, now that Dann appears to be forcing Democrats to pursue impeachment. But the push against Dann grew yesterday when the 700,000-member Ohio AFL-CIO, the state's largest labor organization, called for his ouster. The union had endorsed Dann in 2006. The process for pursuing impeachment could be rolled out today by Rep. William G. Batchelder, a Medina Republican who is a former judge. And Dann plans to announce Monday that he is bringing in an outside investigator -- possibly a retired judge, or maybe even a Republican -- to review an internal probe released last Friday. Kathleen Walley, 43, who is paid $32,864 annually as an office assistant in the Youngstown office of the general services division, was placed on paid administrative leave April 21, spokesman Ted Hart said. She was hired in July. The suspension, disclosed by the Dann administration yesterday only after The Dispatch inquired about it, contradicts Dann's statement last Friday that all matters related to the investigation had been fully disclosed. Walley had been suspended 11 days earlier, "pending investigation of alleged misconduct, violating policies and procedures of the office by failing to follow orders, neglect of duty, misfeasance and failure to follow good behavior," Hart said. He said Walley "had a computer wiped clean by (office) employees without approval. We don't know what she had on that computer, but given who she worked for, it is of interest to the investigation." Sources told The Dispatch that Walley is suspected of using the computer to help Gutierrez allegedly operate his Youngstown business, MTV Construction, from his state office. That allegation was one of several reasons why Gutierrez was fired last week from his $87,500-a-year job in Dann's administration. Investigators found construction bid specifications and other related materials on his office computer in Columbus. Reached by phone last night, Walley refused to comment. Three other Dann underlings lost their jobs last week as part of a sexual-harassment investigation, and two more were disciplined. Meanwhile, not all Democrats who signed Sunday's letter calling for Dann to resign or face impeachment are saying they are fully behind impeachment proceedings. Secretary of State Jennifer Brunner said she was willing to call for Dann to resign on grounds that he no longer can be effective as attorney general, but the question of impeachment is beyond her purview. "I have no real role in the impeachment process, and I think the letter indicated that Democrats would file an impeachment resolution," Brunner said. "I think that statement was really more on behalf of the legislative folks." Gov. Ted Strickland said there are grounds for impeachment, but he also kept the door open for not going through the removal process if the evidence doesn't warrant it. "I've expressed my opinion, but there's a lot of research going on, and if there isn't very credible evidence that something of a serious nature that can be established occurred, then I certainly would not support impeachment," Strickland said. Despite the letter warning Dann that the House "will immediately introduce a resolution seeking your impeachment" if the attorney general doesn't quit, Strickland said he always thought that an independent investigation would be conducted. "I think a lot of people when they hear the word impeachment, they assume it is the trial, or the ultimate determination," he said. "As I see impeachment, it is basically an investigation to determine whether or not to refer the matter to the Senate for what would, in effect, be a trial." A spokeswoman for Lt. Gov. Lee Fisher, who also signed the letter, said he stands by it but is referring questions about it to the governor's office. U.S. Sen. Sherrod Brown, D-Ohio, still favors impeachment.. "There should be a move towards removal" if Dann does not resign, Brown said. "We want this fixed in the quickest way possible." Ohio Senate Minority Leader Ray Miller acknowledged that "it appears we're heading towards an impeachment because the attorney general has been clear that he is not going to resign." But even though the Columbus Democrat signed the letter, he won't say whether he favors impeachment. "As a senator, I have to think about the legal process. The Senate becomes the jury in a trial of fact. I don't believe it's proper for me to state a clear position for or against. If you're going to be an unbiased jury, the appropriate posture is to wait until the impeachment resolutions reach the Senate." Texas-based political consultant Jason Stanford, whom Dann hired to handle impeachment matters, said the attorney general is "working overtime to win back the trust of the governor and other officeholders." Stanford specializes in opposition research -- digging up mud on opponents. But he said that's not his role with Dann, and he doesn't expect to be taking the fight to Strickland and other critics. "I'm doing whatever the attorney general asks me to do," said Stanford, who said Dann hired him about two weeks ago. Dispatch reporters Jonathan Riskind and James Nash contributed to this story. Story toolsToday’s Top Stories
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