The-News-Leader.com - State Inspector General may investigate Dann

by Marc Kovac

Capital Bureau Chief

The Republican heads of the Ohio House and Senate announced plans May 9 to pass legislation in coming days empowering Ohio Inspector General Tom Charles to conduct a full investigation into Attorney General Marc Dann's office.

Senate President Bill Harris and House Speaker Jon Husted also voiced their concern about news reports that the state's Bureau of Criminal Identification and Investigation had "wiped clean" a computer used by an employee of the Attorney General's Office. In a letter, they formally asked BCI Superintendent Robert A. Fiatal to respond to the allegations.

Husted said a timely, independent investigation of activities in Dann's office would assist lawmakers in determining whether to proceed with articles of impeachment, as many had threatened earlier if the Attorney General refused to voluntarily step down.

On May 9, Harris and Husted gave notice of their intent to amend another bill to give the Inspector General authority to conduct such an investigation. Under current law, that office can conduct investigations into the governor and state agencies only.

In a joint statement, they said, "It has become clear to us over the course of the last week that a comprehensive, independent investigation is necessary. We believe [Charles] has the ability and infrastructure to properly and thoroughly conduct this investigation."

The legislation was expected to be approved by the House May 13, with concurrence from the Senate May 14. Gov. Ted Strickland supports the move and plans to sign the legislation giving the inspector general authority to conduct the investigation, said spokesman Keith Dailey, adding that that process should be concurrent to the current impeachment proceedings already under way in the House.

"From our point of view, those began Monday and they've been happening all week," Dailey said of the process.

"...The impeachment process involves the House building a case against the Attorney General."

The May 9 announcement likely means a further postponement of the plans by Democratic lawmakers to "immediately introduce a resolution seeking [Dann's] impeachment," as was outlined in a letter sent by the governor and all other major Democratic office-holders to the Attorney General nearly a week ago.

'Wiped Clean'

In their letter to Fiatal, Harris and Husted wrote that they were "extremely appalled" that the computer of an employee under the supervision of Anthony Gutierrez was "wiped clean."

Investigators already are looking into allegations that Gutierrez, who was fired last week, conducted private business from his public post.

The Columbus Dispatch and the Cleveland Plain-Dealer both reported that an office assistant at Gutierrez's Youngstown office was suspended as a result of the incident.

Harris and Husted asked for a response to questions related to the situation, including how the computer erasure was allowed and whether other hard drivers or filed were similarly destroyed.

In the meantime, Harris and Husted urged Fiatial to "refrain from further destruction of any material, device, item or anything else that may serve as potential evidence in any current or future investigation or proceeding involving Marc Dann's Office."

Gutierrez and Leo Jennings, Dann's chief spokesman and adviser, were discharged from their state positions last week following an investigation into sexual harassment complaints made by two female employees. Dann's Chief of Policy and Administration, Ed Simpson, resigned rather than facing the same.

Dann admitted cronyism in his office's hiring practices, said he was not adequately prepared for his elected position, apologized for carrying on an affair with an individual he would not name and vowed to clean up the tarnished image of his administration.

Marc Kovac is the Dix Newspapers Capital Bureau chief. E-mail him at mkovac@dixcom.com.