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Ellen Belcher is the Dayton Daily News opinion pages editor. She writes about state government, education, the environment, higher education and all things Dayton.
Martin Gottlieb is an editorial writer and columnist for the Dayton Daily News opinion pages. He focuses on the political process itself and does such national issues as war, the economy, taxes and Social Security, as well as a hodge-podge of local and state issues.Home > Blogs > A Matter of Opinion > Archives > 2009 > November > 25
Wednesday, November 25, 2009
Mike DeWine: Invasion of privacy isn’t fault of Ohio’s taxpayers
This commentary is written by Mike DeWine. The former Greene County prosecutor and U.S. senator is running for Ohio attorney general.
Ohioans should be outraged that Attorney General Richard Cordray is using our hard-earned tax dollars to defend three political hacks who invaded the privacy of an Ohio citizen and then lost their state jobs because of it.
Here are the facts:
In October 2008, Toledo resident Samuel Wurzelbacher gained notoriety as “Joe the Plumber” for challenging then-presidential candidate Barack Obama on his tax plan. Shortly thereafter, three high-level State of Ohio political appointees conspired to cause state databases to be used to dig up confidential information about Wurzelbacher.
Last year, Ohio’s independent Office of the Inspector General initiated an investigation into the search of state records regarding Wurzelbacher. Their report concluded that there was “no legitimate agency function or purpose” and “no reasonable basis” to authorize the searches for confidential information about him.
Three state employees used state time and equipment to target a private citizen and invade his privacy. Their actions were in violation of state law and for the purpose of advancing a partisan political campaign.
Joe the Plumber is now suing the employees. In our legal system, when private employees are sued, they are responsible for hiring and paying for their own attorneys. The only exception is when the lawsuit is against a public employee who was properly acting within the scope of his public duties.
In that case, the attorney general represents the employee.
When state employees are sued, Ohio Statute, Revised Code 109.362, requires the attorney general to review the facts before providing taxpayer-funded representation. The attorney general may not represent an employee who acts recklessly, maliciously or in bad faith outside the scope of his employment.
Despite this, Cordray still chose to use our tax money to defend these wrong-doers, two of whom resigned in disgrace, while the third had his job “revoked.” Cordray’s decision to provide legal representation in the face of Ohio law may provide political cover to the Strickland administration, which appointed the wrong-doers, but it is no way to run the attorney general’s office.
Not only does such a decision show a blatant disregard for taxpayer dollars, but it is also an affront to every Ohio citizen who expects state government to protect their privacy rights.
This is not the only case that calls into question Cordray’s judgment when it comes to matters that may embarrass his political allies.
After disgraced ex-Attorney General Marc Dann left the office in shambles, two of the young women who socialized with Dann and his buddies threatened legal action against the state. Any blame for how they were treated rightfully belonged with Dann and other people who were involved with the women.
But, here too, Cordray decided that taxpayers were responsible. Without first going through the financial approval channels required by law, and after meeting in secret, Cordray agreed to pay nearly $500,000 in taxpayer dollars to the women.
With the case thus settled, there would be no public testimony from them that might reveal other aspects of the growing scandal. They were effectively silenced.
Ohioans deserve an attorney general who will make decisions based on the law, not politics. Sadly, Cordray has failed to live up to that obligation. At a time when every precious state tax dollar must be preserved for the vital services of government, hundreds of thousands have already been squandered by Cordray’s missteps. Taxpayers must speak out and demand change.
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Editorial: Right-wingers thwart reason in Columbus
An editorial here Sunday, Nov. 22, noted that Ohio’s budget problems are — knock on wood — not nearly so intense as those of many other states.
A private study found the state government about average in the short-term challenges it faces, not suffering nearly the kind of crises of Michigan or Illinois, not to mention California.
Good thing. The state legislature is hamstrung by the problem it does face. Let’s not even think about how befuddled it might be if it had to face a really serious challenge.
The problem it faces is that the state is on a path to bring in about $850 million less over the next couple of years than it has budgeted to spend. That happens to be about the amount the state would lose if it were to go ahead with the last phase of a tax-reduction plan it enacted a few years ago. All Columbus must do is suspend the last installment.
The governor has made this proposal (belatedly, after getting behind a bad idea about gambling), and the Democratic House of Representatives has bought in. But the overwhelmingly Republican Senate has not.
The Senate leadership floated a plan that entailed delaying only two-thirds of the final cut, and making up the difference elsewhere. But the plan didn’t have the support of most Republicans, who are holding out against any delay in the tax cut; and the Democrats weren’t willing to provide it any support.
The governor called the Senate proposal irresponsible, and Sen. Jon Husted, R-Kettering, called the governor’s response “almost childish.”
Then the legislature left Columbus for the holiday, with no plans to return this month. When Gov. Strickland put forth his plan, some Republicans called it a tax increase. They pointed out that tax withholding levels for this year have been set on the assumption of a cut. And people have made plans on that assumption. The state is throwing people a curve. True enough.
Also facing a curve ball is the state bureaucracy. The tax agency would need to get revised tax tables out by January. All state agencies need to know how much money they’ll have.
So the need for fast action is clear. The delay — the skittishness — is absurd. The people of Ohio are not up in arms about the idea of sacrificing a tax cut for a while, given the circumstances of the state and the country. Many get it.
After all, Columbus has cut spending again and again over the last couple of years, as revenues have nose-dived.
Meanwhile, the governor’s slot-machines-at-racetracks proposal has been struck down by the Ohio Supreme Court, causing a budget problem.
The Democrats have been willing to embrace the tax cut delay because they know there is no public backlash. Nor are the Republicans’ supporters in big business raising a fuss. The Chamber of Commerce, the Ohio Manufacturers’ Association, and the Ohio Business Roundtable have signed off.
The Republican senators are worried only about the right-wingers in their base, the noisy, no-tax-no-matter-what crowd. Unable to find a tax increase to oppose, these people are satisfied to have something they can pretend is a tax increase.
The fear they generate in the politicians is sad to behold.
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