Dayton Daily News

POLITICIAN­S GET FREEBIES, FAVORS

Under Ohio’s ethics rules, the size and cost of a gift given to state lawmakers can be kept secret.

- By Laura A. Bischoff

The public is in the dark about how much Ohio House Speaker Cliff Rosenberge­r is paying to rent a 2,200-squarefoot luxury condo from a wellheeled GOP donor. Ohio ethics law doesn’t require Rosenberge­r to offer public proof that he is paying a fair market rate.

If you’re curious about what gifts Ohio Gov. John Kasich received in 2015 from Arnold Schwarzene­gger, the Golf Channel or Fuyao Glass America Inc. — the Chinese auto glass maker that received a huge tax incentive package from the state — you’re out of luck. Kasich and the givers aren’t required to disclose the nature or value of the gifts.

And when state Rep. Keith Faber, R-Celina, said on his 2015 annual financial disclosure statement that he was owed more than $1,000 apiece from state Treasurer Josh Mandel and Senate President Larry Obhof, R-Medina, the public could only guess about the total and reason for the debt.

Ethics laws in Ohio, which date to the Watergate scandal, exist to hold those in government accountabl­e. All told, Ohio’s law covers 590,000 people, including 10,300 key officials who must file annual financial disclosure statements.

Paul Nick, executive director of the Ohio Ethics Commission, said

Ohio has a track record for enforcemen­t that is equaled by only a handful of other states. Ohio isn’t shy about who it goes after either: the list of public officials who have been caught violating ethics laws includes then Gov. Bob Taft, who pleaded no contest in August 2005 to four misdemeano­r charges of filing incomplete financial disclosure statements in connection with his golf outings over a three-year period. Others say the laws themselves keep government clean and its officials honest.

But a Dayton Daily News investigat­ion found plenty of loopholes in Ohio’s system for policing unethical activity. For example:

Lobbyists can wine and dine lawmakers attending certain national conference­s — such as those put on by the conservati­ve American Legislativ­e Exchange Council, along with several others — without facing spending limits or disclosure requiremen­ts. Records from the Joint Legislativ­e Ethics Committee show nearly $125,000 in food and bar tabs were picked up by lobbyists during these events over the past five years.

Lawmakers aren’t required to say how much they owe creditors, list the value and nature of the gifts they receive, or why and where they traveled at someone else’s expense. The lack of details required is why Mandel and Obhof were under no obligation to reveal the size of their debt to Faber.

Missing informatio­n on disclosure forms is often missed. It is only through a complaint, tip or news story that government watchdogs know to dig deeper. That happened in 2012 when the Dayton Daily News investigat­ed Ohio State University President E. Gordon Gee’s travel and entertainm­ent expenses. The Ohio Ethics Commission allowed Gee to file addenda to his 20072011 annual financial disclosure statements after it was determined he inadverten­tly failed to report more than $150,000 in travel expenses.

Sitting lawmakers can seek jobs with state universiti­es and agencies — even those that receive millions of dollars through the state legislatur­e. Springfiel­d Republican Chris Widener pitched his consulting services to universiti­es while serving in the Ohio Senate. The day after Widener stepped down, he signed a $72,000-a-year deal with Central State University.

The watchdogs themselves have motivation to tread lightly. Their ability to effectivel­y root out fraud, abuse, conflicts and lies is dependent on getting funding through the legislatur­e, whose very members are sometimes investigat­ed for violating ethics laws.

‘It was crazy’

It was the Watergate scandal that led Ohio to establish a legal template for ethical behavior. In 1973, the year before Richard Nixon resigned as president, Ohio passed a comprehens­ive ethics law for nearly every public official and employee — from the city garbage collector to the governor to those who do business with the government. The law prohibited releasing confidenti­al informatio­n obtained on the job, using a public position to get benefits for yourself or your family or your business associates, soliciting or accepting material of value and holding an interest in public contracts in some circumstan­ces.

What the law didn’t do was prevent legislator­s from taking hefty speaking and appearance fees or accepting expensive meals and trips from lobbyists and special interests.

Jeff Jacobson, who served as a Dayton area lawmaker from 1992 to 2008 and is now a registered lobbyist, recalled that as a freshman in the Ohio House he ran into a senior senator and his wife at a Columbus restaurant and was invited to join them. When it came time to leave, Jacobson asked the senator how much he owed. The senator, who Jacobson did not wish to name, pointed across the room and said ‘That guy over there paid our tab.’

“It was at the Capital Club. I remember it vividly. It was just stunning,” Jacobson recalled. “The guy never came over to our table one time.”

Tom Charles, who served as both the legislativ­e inspector general and the Ohio inspector general, said Jacobson’s experience was typical back then.

“It was crazy. It was a free for all,” Charles said. “There were restaurant­s where folks could go into on a Tuesday or Thursday and just put it on someone’s tab.”

Around Christmas, he said, trucks filled with fruitcakes, booze, turkeys and hams would back up to state government office towers, where the goodies were distribute­d to those with a hand in how government operates.

Jacobson and others pushed new ethics rules for lawmakers in 1993 that mandated the disclosure of outside income and business interests, any gifts worth more than $75, debtors and creditors, family members and business interests; a ban on honoraria payments; establishm­ent of the 12-member Joint Legislativ­e Ethics Committee and appointmen­t of a legislativ­e inspector general, the job Charles would later hold.

A year later, lawmakers — pushed by the threat of a citizen initiative landing on the statewide ballot — adopted the first major overhaul of campaign finance laws in two decades. Also included in the changes was a $2,500 contributi­on limit for individual­s and political action committees.

But just two years after the overhaul of campaign finance, lobbyist and lawmaker ethics laws, the appetite for reform seemed to wane. Jacobson’s effort to expand the powers of the Legislativ­e Inspector General and require lobbyists to reveal how much clients are paying them failed.

“The public has an absolute right to know who’s paying to have legislatio­n written in this state,” he said at the time. “We’re going to continue to fight for the public’s right for full and complete informatio­n.”

Big fish nailed

Despite weaknesses in Ohio’s law, the state’s watchdogs have nailed some big fish — aided in many cases by news organizati­ons uncovering wrongdoing by public officials.

Stories published by the Dayton Daily News and other Statehouse press in 2003 found public pension fund trustees spending freely on travel, meals and bar tabs. A subsequent Ohio Ethics Commission uncovered vendors improperly supplied free food, drinks, golf, and travel to pension trustees. The reports led to new limits on travel, changes in how pension funds are governed and several criminal conviction­s for ethics violations.

One of the biggest ethics and investment scandals in modern Ohio history broke loose in 2005 when the Toledo Blade first reported more than $10 million was missing from an Ohio Bureau of Workers’ Compensati­on investment fund managed by Republican donor Tom Noe. The news stories and subsequent investigat­ions and criminal charges led to 19 conviction­s and a re-vamping of how the BWC safeguards its investment portfolio.

Noe was sentenced to 18 years in prison and is currently housed in the Marion Correction­al Institutio­n.

Democrat Marc Dann crusaded against corruption at the BWC and won a tight race for Ohio Attorney General in 2006. But Dann ran into his own ethics and mismanagem­ent buzz-saw. Two years into his four-year term he was pressured into resigning. Dann, his now ex-wife and three top aides were later convicted of ethics violations.

Shortly after the Dann scandal, Ohio deputy treasurer Amer Ahmad and three co-conspirato­rs were operating a kickback scheme that netted them more than $500,000. The FBI public corruption task force in Columbus began investigat­ing the treasurer’s office after the Dayton Daily News published stories in May 2010 calling into question Ahmad’s relationsh­ip with a bank lobbyist. Ahmad is now serving a 15-year prison sentence for money laundering, wire fraud and conspiracy to commit bribery.

Lawmakers have not escaped scandal, investigat­ions and conviction­s either.

State Rep. W. Carlton Weddington, a Columbus Democrat, pleaded guilty to bribery and election falsificat­ion in June 2012 and was sentenced to three years in prison. Weddington got nabbed in an FBI sting that eventually led the feds to state Rep. Clayton Luckie, a Dayton Democrat.

FBI agents found a discrepanc­y in campaign finance reports that led to the discovery that Luckie diverted $130,000 from his campaign account for personal use, including cash withdrawal­s, purchases at retail businesses, and a payment on a home equity line of credit. Luckie, who spent 10 years on the Dayton School Board and six years in the Ohio House, served three years in prison before his release last year.

Transparen­cy ‘critical’

Merom Brachman, who except for a brief hiatus has served on the Ohio Ethics Commission since 1975 and is now its chairman, said Ohio’s ethics law provides a necessary check on those in power.

“There is no question that the law has steadily been strengthen­ed, maybe not always to the degree of enforcemen­t that some would like,” he said. “But in fairness, the legislatur­e in a bipartisan way has added to the commission’s authority and has generally provided funds that an administra­tion has provided.”

Brachman said the Dann case shows how the system works: he stepped down, a competent interim attorney general took over, and a special election was held for a replacemen­t.

Former Ohio Senate president Tom Niehaus, a New Richmond Republican who is now a registered lobbyist, said Ohio doesn’t have a big corruption problem.

“You look at all the legislator­s who have gone through the General Assembly since the ethics laws passed,” he said. “There have only been a handful who have run afoul with the laws.”

Added former state Rep. Mike Curtin, D-Columbus: “There have always been people willing to take what’s offered them and there always will be. You’re never going to have a foolproof system to catch all the things we ought to catch.”

But Charles said the system could be improved through better funding for the Ohio Ethics Commission and broader authority for the state Inspector General over other state offices and public pension systems.

He cited another necessary ingredient: aggressive news coverage that shines a light on unethical behavior.

“Transparen­cy and having news reporters holding people’s feet to the fire is critical,” Charles said. “In many cases, if I didn’t have you all writing some stories, they would have gotten rid of me in a heartbeat.

“Transparen­cy is critical.”

‘There have always been people willing to take what’s offered them and there always will be. You’re never going to have a foolproof system to catch all the things we ought to catch.’ State Rep. Mike Curtin D-Columbus

 ??  ?? Keith Faber, former Ohio Senate president and a current state representa­tive, shown with his official portrait that is hung at the Statehouse, disclosed he was owed $1,000 each from two officehold­ers but not what the debt involves. Ohio House Speaker Cliff Rosenberge­r has been staying in a luxury condo owned by donor Ginni Ragan since 2014. He is not required to publicly reveal what he is paying.
Keith Faber, former Ohio Senate president and a current state representa­tive, shown with his official portrait that is hung at the Statehouse, disclosed he was owed $1,000 each from two officehold­ers but not what the debt involves. Ohio House Speaker Cliff Rosenberge­r has been staying in a luxury condo owned by donor Ginni Ragan since 2014. He is not required to publicly reveal what he is paying.
 ?? SHARI LEWIS / COLUMBUS DISPATCH AP ?? Former Deputy Treasurer Amer Ahmad is in prison for money laundering. Then-Gov. Bob Taft pleaded no contest to misdemeano­r charges. Tom Noe, a former Republican fundraiser convicted of stealing from an Ohio investment fund, was sentenced to 18 years at the Hocking Correction­al Facility in Nelsonvill­e. Former Ohio Attorney General Marc Dann (right) speaks to attorney Jonathan Tyack in a Columbus courtroom in 2010. Dann pleaded guilty to two ethics violations involving improper payments.
SHARI LEWIS / COLUMBUS DISPATCH AP Former Deputy Treasurer Amer Ahmad is in prison for money laundering. Then-Gov. Bob Taft pleaded no contest to misdemeano­r charges. Tom Noe, a former Republican fundraiser convicted of stealing from an Ohio investment fund, was sentenced to 18 years at the Hocking Correction­al Facility in Nelsonvill­e. Former Ohio Attorney General Marc Dann (right) speaks to attorney Jonathan Tyack in a Columbus courtroom in 2010. Dann pleaded guilty to two ethics violations involving improper payments.
 ?? AP STAFF ?? Actor and former California Gov. Arnold Schwarzene­gger (above) gave a gift to Ohio Gov. John Kasich, but neither man has disclosed the details of the gift, including the value. Ohio laws don’t require them to do so. Ohio Gov. John Kasich (above), aside from receiving gifts from actor Arnold Schwarzene­gger, also received gifts from the Golf Channel and Fuyao Glass America. He has not disclosed specifics and is not required to do so. Former state Rep. Clayton Luckie spent three years in prison over a diversion of campaign funds.
AP STAFF Actor and former California Gov. Arnold Schwarzene­gger (above) gave a gift to Ohio Gov. John Kasich, but neither man has disclosed the details of the gift, including the value. Ohio laws don’t require them to do so. Ohio Gov. John Kasich (above), aside from receiving gifts from actor Arnold Schwarzene­gger, also received gifts from the Golf Channel and Fuyao Glass America. He has not disclosed specifics and is not required to do so. Former state Rep. Clayton Luckie spent three years in prison over a diversion of campaign funds.
 ??  ?? Former state Rep. Dale Mallory did not report gifts from lobbyists.
Former state Rep. Dale Mallory did not report gifts from lobbyists.
 ??  ?? State Rep. W. Carlton Weddington pleaded guilty to bribery.
State Rep. W. Carlton Weddington pleaded guilty to bribery.

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