BY RICHELLE THOMPSON
The Cincinnati Enquirer
LEBANON -- A mental health and substance abuse agency has used public funds to finance its campaign this fall to secure more tax dollars.
Recovery Services of Warren & Clinton Counties has donated $18,338 in supplies and services for the campaign to persuade voters Nov. 3 to pass a tax levy increase, according to campaign finance reports filed Thursday with the Warren County Board of Elections.
The county's auditor and prosecutor questioned the agency's use of public money to promote its own tax levy. And an opinion from Ohio Auditor Jim Petro on a similar situation "suggests that public funds should not be used to explicitly support or oppose a tax levy submitted to the electorate."
Recovery Services officials said their actions are legal. They cite a 1979 state attorney general's opinion that allowed a mental health agency to use public funds in a campaign.
However, an Aug. 25, 1998, letter from Mr. Petro said the 1979 decision was not a blanket policy. It dealt with a specific mental health agency.
Without researching the Recovery Services issue, the auditor's office cannot comment specifically, said Kate Buchy, director of communications. However, she pointed to the Aug. 25 letter. "Auditor Petro has always taken the position that expenditures of public funds to print fliers, leaflets or other written materials that explicitly state "Vote Yes on Issue X' is not lawful," the letter said.
In his letter, Mr. Petro emphasized his interpretation of Ohio law is not the equivalent of a formal Ohio attorney general's opinion.
Campaign finance reports show that Recovery Services gave $18,338 of in-kind donations to Citizens for Recovery Services. The donations included providing reimbursements for travel expenses, supplies, printing and consulting services.
Citizens for Recovery Services raised $345 in private campaign donations, records show.
"Generally, public funds are not to be used in the support of a levy," Warren County Prosecutor Tim Oliver said Friday.
While state laws offer some exceptions, he said he could not recall one that applied to Recovery Services.
The agency's actions are unusual, Mr. Oliver added. "It's not something we see everyday out of a governmental entity."
John Mengle, attorney for Recovery Services, could not be reached Friday.
Recovery Services Executive Director Bill Harper and spokeswoman Jenny Dexter are heading up the levy campaign. Karen Robinson, financial manager at Recovery Services, is deputy treasurer of the campaign committee.
The agency is seeking a five-year, 0.8-mill increase, which would add $24.50 annually to the tax bill of a $100,000 home.
The organization already levies a 1-mill tax on Warren and Clinton county residents that costs the $100,000 homeowner about $35. If approved, the new levy would generate $2.5 million, bringing the annual collection to $5.5 million.
The group's annual budget of $7.3 million is funded by proceeds from the existing local tax and state and federal sources.
About $1.25 million of the revenue generated from the proposed tax levy would be used to place at least one mental health and substance abuse counselor in the 12 school districts in Warren and Clinton counties, Ms. Dexter said.
The remaining money would be used for such services as setting up a psychiatric center and providing an alcohol and drug abuse program for juvenile offenders.