Democratic committeeman protests Collins’ candidacy for Marion mayor

A member of the Marion County Democratic Party Central Committee has filed a protest questioning a Republican Party candidate's eligibility to run for mayor of the City of Marion.

Welcome W. “Bill” Collins is currently employed as chief deputy of the Marion County Sheriff's Office, a position he was appointed to in 2021 after Matt Bayles was elected to serve as sheriff. Collins formerly served as chief of the Marion Police Department from Feb. 24, 2014, to Oct. 1, 2020.

Collins announced on Jan. 4 that he was filing a petition to run for mayor of Marion. The Marion County Board of Elections certified Collins' petition of candidacy on Feb. 13.

Christian Dunston, a member of the Marion County Democratic Party Central Committee, filed the protest questioning Collins' eligibility with the Marion County Board of Elections on Feb. 17. He represents Marion 2-A precinct.

The Marion County Board of Elections has scheduled a special meeting at 5 p.m. on Mondayto conduct a hearing on the protest. The meeting will be held in the Prospect Room located on the lower level of the Marion County Building, 222 W. Center St. in downtown Marion.

Collins is running against fellow Republican Party member Sue Mcgowan in the May 2 primary election. The winner of the GOP race will face Democrat Glenn Coble in the Nov. 7 general election.

In the protest he filed, Dunston statesthatitishis“belief”thatcollins' position as chief deputy “is considered a classified position within the State of Ohio therefor(e) Chief Deputy Collins is not eligible to run for Mayor of the City of Marion.”

As part of his protest, Dunston cites a 2015 opinion by then-attorney General Mike Dewine which states, in part, “Whether a deputy sheriff constitutes a classified or unclassified employment depends on the particular duties assigned to the deputy and whether the deputy holds a fiduciary relationship to the county sheriff. … Holding a fiduciary relationship involves something more than the ordinary employer/employee relationship and connotes special confidence and trust thereby resulting in a superior position within the department.”

Dunston goes on to cite a job description the Lake County Sheriff's Office has posted for the position of chief deputy. He said the Marion County Sheriff's Office does not have a specific job description for the chief deputy position, which Sheriff Matt Bayles confirmed to the Star.

Dunston also quotes a Jan. 6, 2023, story from the Marion Star in which Collins announced his candidacy for mayor. In that interview, Collins stated that in his role as chief deputy at the sheriff 's office he has been “involved in helping to manage that budget.”

Sheriff Bayles obtained an opinion, which was dated Jan. 9, 2023, on the matter from Marion County Prosecutor Ray Grogan, who states that Collins is “an unclassified civil servant” and is eligible to run for elected office. In affirming his opinion that Collins is not a classified employee, Grogan cites Ohio Revised Code 124.11 Section (A)(9), noting that Collins is “employed by and directly responsible to an elected county official (Sheriff Bayles)” and that Collins' “fitness in his role” with the sheriff 's office “could not be determined by an (civil service) examination.”

Grogan, a Republican, concludes his opinion by recommending that Collins not use his current role as chief deputy to campaign for mayor.

“It is highly recommended that Chief Deputy Collins not campaign while in uniform, produce advertisements or literature with mentioning his current employment or depict him in the uniform or use his current position to influence individuals to donate to his campaign or otherwise be pressured to assist in his efforts,” Grogan wrote in his opinion.