Wednesday, August 09, 2000
Judge asked to order records
Norwood official wants Hochbein probe papers
By Marie McCain
The Cincinnati Enquirer
Norwood Mayor Joe Hochbein may have to head to court once again, but this time instead of special prosecutors he could face Norwood Law Director Vicki Garry.
On Monday, Mrs. Garry filed a petition in Hamilton County Common Pleas Court asking a judge to order Mr. Hochbein to honor her request to view all documents related to the ongoing criminal investigation of him.
A Hamilton County grand jury handed down a 14-count indictment against the mayor last month. The indictment includes charges of theft in office and falsification regarding the mayor's alleged use of city funds and employees to support the Norwood Car Show, a private event.
Mrs. Garry contends that the mayor failed to affirm her July 24 written request, made under the auspices of the public records law.
She said that according to this law she does not have to explain why she wants to review the documents.
But “as the attorney for the city of Norwood I need to see if any money is due the city. If so, I need to know in order to seek reimbursement,” she said.
The mayor's attorney, Glenn Whitaker, said Tuesday that Mr. Hochbein has not denied Mrs. Garry's request and the documents she has requested have been turned over to special prosecutors.
Calling the law director's petition “premature,” Mr. Whitaker said Mrs. Garry has “a great deal of animosity toward the mayor” and has hindered his attempts to seek independent counsel.
In a July 28 letter Mr. Hochbein sent to Mrs. Garry, the mayor mentioned her request but neither approved nor denied it.
Instead, he asked Mrs. Garry to “prepare the necessary paperwork, including ordinances for council if needed, so that I will be able to obtain independent legal representation.”
The law director usually represents city officials in court actions. But, according to the July 28 letter, the mayor contends that the law director's office might have had “direct or indirect involvement with the criminal investigation,” creating a conflict of interest.
“She still hasn't gotten the records because she hasn't responded to Joe's request,” Mr. Whitaker said. “There is no intent to frustrate anyone. ... She has ignored his request.”
A Hamilton County judge could be appointed to hear the petition today. A hearing date has yet to be set.
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