Commission: Ohio's former AG violated election law

By JULIE CARR SMYTH, AP
Statehouse Correspondent Julie Carr Smyth,
Ap Statehouse Correspondent – 15 mins ago

COLUMBUS, Ohio – A divided Ohio Elections Commission found Thursday that former Attorney General Marc Dann violated elections law by using campaign funds to pay for an expensive in-home security system and a cell phone often used for personal calls.

The panel stopped short of referring Dann for criminal prosecution, however. They chose to fine both the Youngstown Democrat and his campaign committee $1,000 for the security system incident, and to issue public reprimands on the cell phone issue. Deputy campaign treasurer Mary Beth Snyder was fined $250 for her role in signing off on the security system.

Dann, a Democrat from Youngstown, appeared agitated at times during the morning hearing — dashing off notes to his attorney, Donald McTigue.

He declined to comment, however, until a second set of allegations that were to be decided later Thursday.

The security system and cell phone complaints were brought by Secretary of State Jennifer Brunner, a fellow Democrat, after an audit of Dann's campaign finance reports through 2007. Assistant Attorney General Melinda Osgood said Brunner is auditing his 2008 reports.

Dann also faces allegations by state Inspector General Tom Charles that he misused campaign funds to give gifts to family and friends, pay for unauthorized trips for his family, and to cover everyday expenses such as coffee, meals and newspapers. Charles accuses Dann of filing incomplete, inaccurate and false information about his expenditures.

McTigue told the commission Thursday when it moved on to the Inspector General's findings that Charles' investigation went further than what was allowed by the Legislature.

"We believe this is an instance of a government official overreaching his authority," McTigue said.

Dann, who turned 47 last week, resigned in May amid a sexual harassment scandal in his office and after admitting to an extramarital affair with an employee.

He was part of a near-sweep of statewide offices by Ohio Democrats in 2006 after a scandal over state investments sullied the reputation of the Ohio Republican Party.

On his behalf, McTigue argued Thursday that the $27,000 security system was bought using campaign funds to save taxpayers money and was a legitimate expense based on threats to Dann and concerns about the safety and his daughter. McTigue said the girl was being observed by a man with a teardrop tattoo, which can mean a person is a past sexual offender.

Elections commissioner Yvette McGee Brown questioned McTigue's story, noting that documents submitted in the case indicated Dann did not decide to use campaign funds until he learned the executive budget could not cover the expense.

Osgood said an in-home security system is not a normal way to handle such threats. She said Ohio has a history of providing law enforcement protection to officeholders who face danger, and that Dann had been provided with such protection. Instead, she said, Dann had expressed concern that all the officers were impacting his family's privacy.

She said despite the public furor surrounding the case, it was very simple.

"Campaign money simply can't be converted for personal use," she said.

McTigue said California campaign finance law allows candidates who leave office to pay for personal home security systems from campaign funds.

Brown expressed regret that the panel could not impose more than a $1,000 fine, initially suggesting they fine Dann $5,000.

"I'm trying to find something that's fair and that sends a message as to how serious we find the violation," she said.

Yet, in a roll call vote, the board declined to refer Dann for criminal prosecution.

Dann also has filed a lawsuit against the aide at the center of the harassment scandal, Anthony Gutierrez, accusing him of skimming $5,000 off the cost of the security system.

The seven-member elections commission includes three Republicans, three Democrats and one independent.

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