Resolution to Take Action With Respect to the Federal Suit Against Prosecutor Michael K. Allen

WHEREAS the Board of Commissioners of the Hamilton County recently learned of the actions by the Hamilton County Prosecutor Michael Allen, which Mr. Allen described for the first time on August 25, 2004, and which also were described in a civil complaint filed on August 26, 2004 in Collins vs. Allen, Southern District of Ohio Case No. 1: 04CV572 (the "litigation"): and

WHEREAS, based on his admitted actions - a long-term sexual relationship with a subordinate in his office - it is clear that Mr. Allen violated the public's trust and the policy of his office; and

WHEREAS, the Litigation alleges actions that may constitute both civil and criminal violations on the part of Mr. Allen; and

WHEREAS, legitimate questions have been raised as to whether Mr. Allen, and lawyers on his staff, have violated applicable statutes, rules, regulations, policies, procedures or ethical obligations; and

WHEREAS, the Board's highest priority at this stage is to protect the Hamilton County taxpayers from further harm and to act in a manner consistent with the public trust that has been placed in us.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Hamilton County, Ohio as follows:

First, in view of the fact that Mr. Allen's entire office has a clear conflict of interest with the respect of the Litigation, it is obvious that neither Mr. Allen nor anyone in his office can take part as counsel in the Litigation. The Board directs its special counsel W. B. Markovits to seek an appointment for himself and Roger Makley to act as counsel for the Board in the Litigation.

Second, the Board directs Roger Makley to hire an independent investigator, to determine the extent to which Mr. Allen or any other lawyer or employee in his office violated any Hamilton County Prosecutor's Office policy or procedure, or any other applicable civil or criminal statute, rule, regulation, policy, procedure or ethical obligation in connection with these matters. The Board will seek the voluntary cooperation of the Prosecutor's office in this investigation. If warranted, based upon the results of the investigation the Board may seek the appointment of a special prosecutor, or a referral to the United States Attorney for the Southern District of Ohio.

Third, in view of the fact that Mr. Allen's actions were a manifestly outside the scope of his employment and official responsibilities, the Board declines to spend taxpayer monies on Mr. Allen's legal defense, unless and until such time as it is ordered to do so by a court of competent jurisdiction.

Fourth, the Board intends to seek a determination whether it may require that Mr. Allen indemnify Hamilton County and hold it harmless from any costs, attorney fees, or judgments against Hamilton County resulting from any conduct related to these matters;

BE IT FURTHER RESOLVED, that the Clerk of the Board be and she is herby authorized and directed to certify copies of this Resolution to David J. Krings, Hamilton County Administrator, Markovits & Greiwe Co., L.P.A., Coolidge, Wall, Womsley & Lombard, and Dusty Rhodes, County Auditor.

Adopted at a special session of the Board of County Commissioners of Hamilton County, Ohio this 30th day of August 2004.