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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 > Entry
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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Comments
By r
November 25, 2009 10:06 PM | Link to this
I believe nothing Mike Dewine says…..
By davidss2
November 25, 2009 10:53 PM | Link to this
Here we have political operatives using their state positions to research a person in order to apply the politics of personal destruction tactics against the citizen of the state of Ohio. I occasionally see a person I believe to be Kelley-Jones in our area. She seems perfectly happy with her crime. The taxpayers are paying to defend her, no wonder she’s happy.
By RWE
November 26, 2009 6:38 AM | Link to this
Mike DeWine was an appeaser when he was a US Senator. I can see him cutting the same deals described above on every issue that would come before him if he is elected state of Ohio AG.
By from the Norte
November 26, 2009 7:31 AM | Link to this
Dave Yost has been on top of this from the beginning. Mike DeWine needs to retire from politics altogether. The only reason he’s making a big deal about this because of the primary for this seat. He has to appear tough but luckily a lot of us don’t forget ANWR, his F rating from the NRA and the gang of 14.
By s
November 26, 2009 2:37 PM | Link to this
I believe everything Mike DeWine says but nothing that r says.
By Quentin
November 26, 2009 8:59 PM | Link to this
Mike is a bad joke. He is more liberal democrat than anything else and ignored corruption in Greene County his whole career since it would mean a touh decision without compramising with someone in a olitical arena.
By Ricardo
November 27, 2009 3:57 PM | Link to this
I believe everything that Mike DeWine says - he been berry berry good to me…
By sad
November 28, 2009 10:45 AM | Link to this
The reality is that the three involved were long term public employees, who worked hard in difficult jobs for many years, serving honorably. The other reality is that they screwed up once (no one’s talked about any pattern of abuse with any of these folks) in a major way and paid for it with their jobs and reputations. Joe the Plumber’s law suit is as much about politics as it is about his privacy. Deep pocket conservatives are funding it, and are willing to pursue the complete financial destruction of these three as part of their desire to keep it alive until next year’s election. DeWine and Yost are part of this. With no real issue to run on (Cordray seems to being doing an ok job)but a deep desire to achieve higher office, they’re running fast to be in front of the mob on this one. It’s all very sad.
By Quentin
November 28, 2009 12:42 PM | Link to this
Sad, actually they have a history of this kind of issue. A few years before at least one was in charg when Montgomery County Child Support Enforcement took a father who had overpaid by $17,000.00 and created fake documents to make him $5000.00 behind. He was arrested an jailed as a deadbeat and it was only his lawyer seeing a form revision 1999 dated 1997 that got them caught. Nothing happened to those who did it though they jailed an innocent man and forged fake court documents.
By sue casterline
November 29, 2009 8:39 AM | Link to this
Government employees know not to engage in political endorsements on company time. Why should the taxpayers bail these people out when they should have been doing the work related to their job descriptions. I am sick of taxpayers money going to bailouts for dishonest people.
By Quentin
November 30, 2009 1:44 PM | Link to this
Sue, want to see REAL corruption? Go to www.HurleyMustGo.com since I am fighting a corrupt judge who feels risking my daughter being sexually is NOT a good reason for her to not see her mother and threw me in jail but her mother’s monthly period was a good excuse for her to deny me the fo months at a time fr years before I won custody.