Thursday, January 27, 2000
Assembly may hold Holcomb resolution
Agencies lack power in complaint
BY JANICE MORSE
The Cincinnati Enquirer
HAMILTON — The state auditor's complaint against the fund-raising tactics of Butler County Prosecutor John F. Holcomb is bouncing from agency to agency, but its final destination might be the statehouse.
Ohio Auditor Jim Petro in November filed a complaint with the Ohio Ethics Commission, saying he lacked the authority to take action against Mr. Holcomb's so-called “2 Percent Club” practice of accepting political contributions from his own employees. Mr. Petro was acting on questions raised by an Enquirer story that detailed how the funds were raised.
His office, however, has authority over public funds. The contributions to Mr. Holcomb's campaign fund are not in that category because the money was coming from employees' bank accounts, not the county payroll.
In a letter to Mr. Petro dated Jan. 20, the ethics commission said the questions he raised were serious, but they were outside that agency's jurisdiction. The commission said it would welcome any evidence that contributions were coerced from employees of Mr. Holcomb or any other Butler County officeholder. However, the commission referred the matter to the Ohio Elections Commission.
Further, the ethics agency said, although the fund-raising method Mr. Petro describes “may be repugnant to public policy,” the allegations could be difficult to prove. Therefore, the ethics agency suggested that a “final remedy” to the situation might rest with the state legislature.
Ohio lawmakers in 1995 banned employee contributions for state-level officehold ers, but it remained legal for county politicians such as Mr. Holcomb. He declined to comment Wednesday.
The ethics commission noted Rep. Jeff Jacobson, R-Dayton, has proposed a bill that would outlaw this method of campaign fund-raising for county and local politicians.
“The circumstances described in your correspondence appear to justify this proposed change to the law,” the ethics commission said in its letter to Mr. Petro.
Rep. Jacobson, whose bill appears stalled in a committee, said the ethics commission's statement is encouraging.
“I don't think the ethics commission often makes a statement like that, so I think their comments should send a strong signal around the statehouse that this legislation is needed,” Rep. Jacobson said Wednesday.
Meanwhile, the board of county commissioners is asking Mr. Holcomb to acquiesce to two county officials' requests that he be replaced as their legal adviser. Under Ohio law, an alternate legal representative can be appointed if the county prosecutor and the commissioners apply to the county common pleas court.
After Mr. Holcomb held news conferences alleging they had acted improperly, Auditor Kay Rogers and County Area I Court Judge Rob Lyons said they felt Mr. Holcomb's office could no longer fairly represent their interests.
“Due to your actions against me, I do not trust you, nor do I have confidence in your ability to be my legal representative and adviser,” Judge Lyons wrote in a Jan. 17 letter to Mr. Holcomb, noting that Mr. Holcomb took action without contacting him first.
Mr. Holcomb has said he felt it wouldn't be necessary for him to step aside.
“Everything I do for officeholders is purely statutory. There's no room for breach of confidences because I'm not in their confidence. I'm just doing what the law makes me do,” he said last week.
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