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Dann denied an exit deal
Inspector general granted authority to start probe today
Wednesday,  May 14, 2008 3:28 AM
<p>Ohio Attorney General Marc Dann, shown at a hearing in April, was unable to persuade legislative leaders to accept his resignation if they delayed the inspector general's probe.</p>
FRED SQUILLANTE | Dispatch

Ohio Attorney General Marc Dann, shown at a hearing in April, was unable to persuade legislative leaders to accept his resignation if they delayed the inspector general's probe.

Articles of impeachment

The nine counts of impeachment allege that Attorney General Marc Dann:

  • Obstructed the internal investigation into allegations of sexual harassment in his office.

  • Willfully and intentionally issued misleading statements under oath.

  • Neglected to perform the duties of his office and, by his own admission, was not competent or qualified for the job.

  • Knew or should have known that his own admitted sexual affair with an employee contributed to and allowed a hostile work environment.

  • Failed to ensure the safety and security of state property.

  • Failed to investigate and prohibit improper use of state property.

  • Knew or should have known of the misuse of state property for personal business.

  • Committed acts of gross neglect of duty by undermining the integrity of his office, bringing disrepute on the office, betraying the public trust as Ohio's chief law-enforcement officer and undermining the effectiveness and efficiency of the office.

  • Committed acts of gross immorality and knew or should have known that his personal conduct undermined the effectiveness and efficiency of the office.

Source: document filed by House Democrats

Inspector General Thomas P. Charles is poised to launch an investigation into Attorney General Marc Dann's office today, after legislative leaders rejected an offer from Dann to resign yesterday if they delayed the inquiry.

Instead, an emergency bill temporarily expanding Charles' authority rocketed through the legislature to Gov. Ted Strickland, who signed it into law last night.

Charles said he is "prepared and ready to go to work" today.

Dann's attempt to broker a deal for his resignation came hours after House Democrats filed nine articles of impeachment, a first in Ohio history against a statewide officeholder.

Sources close to Dann say he was caught off guard by the surprisingly rapid action from by the Democrats and is trying desperately to leave office with some dignity intact. His sudden reversal from adamant refusals to step down also came the same day The Dispatch reported that the FBI has been asked to join the case.

Dann enlisted fellow Youngstown-area Democrat Robert F. Hagan, a former senator who's now in the House, as a middleman to approach Senate President Bill M. Harris. Hagan relayed a pledge that Dann would resign "within the hour" if Harris agreed to remove an emergency clause from the bill authorizing the inspector general's investigation. That would mean the bill would take effect in 90 days, instead of immediately.

Michael Harshman, Dann's attorney, asked Hagan to make the offer on Dann's behalf at about 12:30 p.m., but Harris refused, Hagan said.

Dann also called House Speaker Jon Husted just after 11 a.m., offering to quit if Husted would scrap the bill.

Husted said that Dann expressed a number of reasons to dump the bill but stressed his concern about the precedent that would be set by expanding Charles' authority to investigate a top statewide officeholder outside the governor's administration.

Senate Minority Leader Ray Miller said he spoke to Dann about his resignation yesterday afternoon. "It appears as though it's imminent," the Columbus Democrat said. "He's trying to put the house in order before he exits."

As speculation about Dann's impending departure grew, he huddled with Lt. Gov. Lee Fisher, a former attorney general, for about an hour. They have known each other for nearly 30 years; Dann's first political job was working for a Fisher campaign. Fisher, who also called Harris and Husted yesterday, would not reveal any details of his meeting with Dann.

Just before 4 p.m., Dann's office released a statement: "Ohio Attorney General Marc Dann has not resigned, and no further announcements are planned."

Earlier in the day, Dann spokesman Ted Hart said Dann was backing off plans to name an outside investigator to review an internal investigation of sexual-harassment allegations because it would duplicate Charles' efforts.

The measure giving Charles the go-ahead to investigate Dann's office also set aside $250,000 for the inquiry. The bill passed the House 83-13 and the Senate 32-0.

Strickland said, "I think it is important that the facts come out as quickly as possible, that they be thoroughly investigated, and that we conclude this matter and get on with the business of the people of Ohio and, more importantly, get on with the responsibility of the attorney general."

Sen. Bill Seitz, R-Cincinnati, asked on the Senate floor whether the probe would continue if Dann resigns.

The sponsor of the bill, Sen. Keith L. Faber, R-Celina, responded: "I think it is certainly appropriate that the people of Ohio have an investigation to determine the facts, the facts as to what went on in that office and whether other crimes or offenses occurred. That goes well beyond whether Marc Dann is the current attorney general."

But some Democrats accused Republicans of making the investigation political.

Rep. Mark Okey, a Carrollton Democrat and one of the members assigned by party leadership to help craft the articles of impeachment, said they were introduced yesterday to push the process into motion. He said he was "absolutely" concerned that while Republicans were giving the inspector general power to investigate Dann, they could drag things out.

"If we have adequate evidence right now to support articles of impeachment, there is no reason we couldn't go forward right now," Okey said.

But Republicans said the quick move to impeach was a political maneuver by Democrats.

"I think it's shameful to use the constitution for political ends," Husted said. "We're going to make sure that what we do will be a process that will stand the test of time."

Rep. William G. Batchelder of Medina, House Republicans' point person on impeachment proceedings, said Democrats are getting a little ahead of the process.

"This is usually a step down the road," he said. "It's not improper to offer them, but ordinarily we have a hearing and decide in advance what we feel is appropriate to recommend to the House."

Some of the articles, Batchelder said, are weak. He pointed to one that says Dann didn't exercise due care to ensure the safety and security of state property.

"Does that mean somebody dropped a dictating machine? I don't know what that is," he said. "That's the kind of thing we don't want to leave as part of our heritage."

Since Dann's attempt to wrangle a deal fell through yesterday, Rep. Hagan said he's unsure of Dann's plans.

"He wouldn't resign (yesterday), so what he might do now is anybody's guess."

Dispatch Senior Editor Joe Hallett and reporters Alan Johnson and James Nash contributed to this story.

mniquette@dispatch.com

j siegel@dispatch.com


MORE INSIDE • Dann's case to be put in hands of thorough watchdog A4 • Embattled native worsens Youngstown's already negative image B1On the Web • To read the impeachment document, go to Dispatch.com. • To view an Ohio News Network interview with reporter Alan Johnson about the latest developments in the controversy, go to Dispatch.com.


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