Democrats file charges

Dann: Delay investigation and I’ll resign

By STEPHEN ORAVECZ and RON SELAK JR. Tribune Chronicle
Democrats moved Tuesday to impeach Attorney General Marc Dann, but it is unclear how soon the Ohio House will act on it.

Meanwhile, Dann offered to resign Tuesday if lawmakers delayed an independent investigation of his office, but top officials rejected that proposal. Instead, the House and Senate approved a bill directing the Ohio inspector general to immediately launch an independent investigation of all charges being leveled against Dann and his office. Gov. Ted Strickland signed the bill.

The House Democratic caucus filed nine charges against Dann. They include obstructing the investigation into sexual harassment claims in his office, intentionally making misleading statements under oath and gross immorality that ‘‘undermined the effectiveness and efficiency of his office.”

The articles were based on testimony from the Attorney General Office’s internal investigation of sexual harassment charges, conducted by by Ben Espy, and other statements.

Following that investigation, Dann earlier this month admitted an extramarital affair with an employee. Three top aides lost their jobs in connection with the sexual harassment complaints.

Top Democrats and Republicans called for Dann to resign as well, but he has refused, saying he is working to regain the public trust.

During the House and Senate debates on the bill to launch the investigation, it was unclear what the next step will be.

As the majority party, Republicans will control the impeachment proceedings.

Rep. William Batchelder, R-Medina, said impeachment could proceed at the same time as other criminal investigations. House Speaker Jon Husted, R-Kettering, has assigned Batchelder, a former judge, to research the proper way to proceed with impeachment.

However, several other Republican lawmakers said they needed the facts from the independent investigation before they could proceed with impeachment.

Husted’s spokeswoman Karen Stivers could not say if impeachment would be put on hold pending the outcome of the inspector general’s investigation. ‘‘That’s a discussion for another day,’’ she said.

She said it is important for the investigation to proceed in an expeditious manner to get the facts before the House.

According to the state Constitution, the House must research the charges and vote to impeach, which is the equivalent of an indictment. The Senate will then hold a trial to determine if Dann should be convicted of the charges and removed from office.

No officeholder has been impeached in Ohio since before 1820.

The articles of impeachment were drafted by three Democrats — Reps. Dan Dodd of Hebron, Jennifer Garrison of Marietta and Mark Okey of Carrollton. In a joint statement, they said, ‘‘We have identified a pattern of misconduct that we believe rises to the level of impeachable offenses.”

“We promised the people of Ohio to end a culture of corruption that existed in the past, and we are fulfilling that promise by cleaning our own house when events and circumstances warrant,” according to their statement.

Husted ridiculed Democrats for what he called the ‘‘political act’’ of rashly filing impeachment articles to appear tough on a member of their own party.

‘‘It’s shameful to use the Constitution for political ends, shameful to use the impeachment process for political ends, and I won’t be part of it,’’ Husted said. ‘‘We’re going to make sure that what we do is going to be a process set forth that’s going to stand the test of time.’’

All five area state reps — Sandra Stabile Harwood of Niles, Tom Letson of Warren, Deborah Newcomb of Conneaut, Ron Gerberry of Austintown and Robert Hagan of Youngstown — signed the articles of impeachment.

Stabile Harwood said she thinks there is evidence to proceed with impeachment without waiting on the investigation.

Paul Sracic, head of Youngstown State University’s political science department, said Democrats moved fast on introducing articles of impeachment against the embattled Dann.

Democrats, he said, ‘‘want this story out of the newspapers. That’s what this is all about,’’ because they want the presumptive Democratic presidential candidate, Barack Obama, getting the headlines, ‘‘not some tawdry, sexual harassment case in the Attorney General’s Office.’’

After Espy issued his report on the internal investigation, Strickland and other Democrats called on Dann to resign or be impeached.

‘‘The appearance was that this was a bluff, that they were threatening this to get him (Dann) to resign,’’ Sracic said. ‘‘By drawing up the articles, they are showing that was not a bluff, they are serious about this.’’

And some of the accusations contained in the articles — that Dann obstructed the investigation into sexual harassment allegations and intentionally misled investigators while under oath — border of criminal and truly show how serious lawmakers are making their case for impeachment, Sracic said.

The case illustrates something that normally wouldn’t happen: Democrats and Republicans working together to oust a statewide officeholder. Sracic said it would be expected that impeachment would break down along party lines.

‘‘Both agree he needs to be out of office, that’s what makes the threat more real,’’ he said.

Sracic said Democrats and Republicans want to see Dann out because they both have the same end goal in mind: getting control of the Attorney General’s Office. If Dann leaves office before Sept. 24, the governor will appoint a temporary replacement and a special election will be held in November.

The winner of that that race would give his or her party a viable, incumbent candidate in 2010, when Dann’s term expires, Sracic said.

The Associated Press contributed to this article.