COLUMBUS — When then-state Sen. Marc Dann sued then-Gov. Bob Taft over public records in 2005, he didn't pay a dime for the legal services of the highly regarded public records attorney who represented him.

Nor did he publicly disclose the arrangement.

On its face that would appear to violate Ohio ethics laws, which require lawmakers to report gifts of more than $75. But Dann, a Democrat who resigned as attorney general in May amid a sexual harassment scandal, said the arrangement did not amount to a reportable gift.

Ohio Legislative Inspector General Tony Bledsoe said free legal services should be disclosed but stopped short of saying Dann's omission would be a legal violation of state ethics laws. "I would have to look at the facts and details to see if it was a knowing omission."

Ohio Ethics Commission Executive Director David Freel also declined to talk about the specifics but said, "Any payment for services or anything provided free to an officeholder should be reported if it's over $75."

Dann hired Fred Gittes who agreed to charge fees only if the Ohio Supreme Court awarded them. It didn't. In October 2006 the court said no to Gittes' request for $52,236.99 in fees and costs.

Gittes said Dann's only obligation was to pay $2,649.49 in costs for copies, delivery charges and other items — a debt that has yet to be paid. Dann also did not disclose the debt on his annual financial disclosure statement, even though state ethics laws say debts of more than $1,000 should be reported.

Dann said he didn't pay the copy charges because Gittes never billed him.

In an e-mail to the Dayton Daily News, Dann also defended the decision not to report Gittes' legal work. "Fred was working on a contingent fee arrangement," Dann wrote. "He was only to be paid fees if the court awarded them to him. Expenses were not included and will be paid if and when he bills us. Because we had a contract negotiated at arms length that did not require the payment of fees by me or the committee it was not a gift and therefore not disclosed."

The Dann administration is now under investigation by the Ohio Ethics Commission, state Inspector General, Ohio Highway Patrol and other agencies.

Dann is now working for the International Union of Operating Engineers Local 18 in Cleveland. The union represents 15,000 members in 85 Ohio counties that do work in the residential, highway and building industry.

Dann did not respond to an inquiry about what work he is doing for the union.

Contact this reporter at (614) 224-1624 or lbischoff@DaytonDailyNews.com.

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