BY KEVIN ALDRIDGE
The Cincinnati Enquirer
MASON -- City officials did not violate Ohio law with regard to a November ballot issue that would prevent road-widening projects near schools, state officials say.
The response came less than a month after a group of Mason residents asked Ohio Auditor Jim Petro to investigate claims that Mason officials unlawfully used public money to support a campaign against Issue 10.
The group -- Concerned Citizens of Mason -- is trying to pass Issue 10, an ordinance that would halt the city's $7 million plan to widen Tylersville, Stitt and Western Row roads to four lanes. Leaders of the group contend city officials have used city dollars and resources on city time to fight the issue.
City leaders have insisted they have done nothing wrong. It appears the state might agree with them.
In an Oct. 23 letter to Concerned Citizens, the auditor's assistant chief legal counsel, Elizabeth Esarove, said, "You indicated that the city produced a map detailing the effect of Issue 10 on surrounding city roads. Unless the map included a statement supporting or opposing Issue 10, it would appear that it would be a valid use of public resources." Ms. Esarove added that although there is no Ohio law against using public money to support or oppose a ballot measure, Mr. Petro advises against it.
"Auditor Petro has always taken the position that using public funds to print fliers, leaflets or other written materials that explicitly state "Vote Yes on Issue X' or "Vote No on Issue X' is not lawful," she said. "(However) public officials have the right . . . to keep their constituents informed of matters affecting the public body for which they have been elected or appointed."
Ms. Esarove also said there was no evidence city leaders campaigned against Issue 10 from meeting chambers or that they used city resources for a Sept. 2 press conference for Citizens of All of Mason -- an anti-Issue 10 political action committee.
"Elected officials do not lose their First Amendment right to freedom of speech when they are elected to public office," she said. City leaders were pleased with the auditor's findings.
"Auditor Petro clearly stated the law as it stands," City Law Director Ken Schneider said. "City officials fully complied with the law in reference to this matter, as we've been saying all along."
Members of Concerned Citizens said they were not willing to let the matter rest. Lisa Hill, vice president of research for the group, said she has forwarded a letter to the Ohio Ethics Commission.
