Stinebaugh won't contest preliminary determination
Tom Stinebaugh remains
suspended as mayor of the city of Wapakoneta, with the release Tuesday of the
notice filed by his attorney that he will not contest the preliminary
determination that he should be
suspended from office.
Filed on Sept. 13, the notification reads: “The Respondent Thomas Stinebaugh
hereby withdraws his ‘Notice Contesting Preliminary Determination’
by the Special Commission, and consents to a final determination by the Special Commission by operation of R.C. 3.16 without hearing.”
On Tuesday, the Ohio Attorney General’s office released the paper work that was filed not only with the AG’S office but with the Supreme Court of Ohio. The filing was in
answer to the Special Commission of three retired judges who determined
Stinebaugh should be suspended from holding office after being indicted on corruption charges.
Dave Yost, the Ohio AG, had appointed a special prosecutor to investigate claims that Stinebaugh, in
his capacity as mayor, entered into contracts with family members and a
business partner. Additionally, he is accused of having the city pay for a
sewer line on a property that his private company was developing. These incidents occurred between 2016 and 2019.
Stinebaugh was indicted by an Auglaize County grand jury on 17 counts
of public corruption charges related to business dealings he conducted while in his elected position. Yost is
sued a press release July 23 that said Stinebaugh was facing eight counts of having an unlawful interest in a public contract, a felony of the fourth degree; eight counts of conflict of interest, a misdemeanor of the first degree; and one count of theft in office, a felony of the third degree.
The three-judge panel handed down its preliminary determination late in August, noting the requested suspension was appropriate. Stinebaugh had 14 days to further contest that determination.
According to the ORC, Section 13: “If a public official does not file a notice contesting the with determination with 14 days after the date of the notice to the public official, the special commission’s preliminary determination automatically shall become its final determination for purposes of division (C) (3) of this section.”
Division (C)(3) calls for the special commission to send its findings and final determination via certified mail to the public official and others who are deemed appropriate recipients. The code continues to note the public official, in this case Stinebaugh, remains suspended until one of the following occurs: reinstatement, dismissal of charges, or a successor is elected and qualified to serve the next succeeding term of the public official’s office.