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Dann's employees admonished on weapons issue

Driver, security agents can't carry concealed weapons in state buildings.

Staff Writer

Thursday, April 24, 2008

Attorney General Marc Dann's driver and security agents are not allowed to carry concealed weapons into state buildings, airplane hangars, parking garages or any other state property.

"Please cease doing so immediately," wrote First Assistant Attorney General Tom Winters to three employees on Monday, April 21, after the Ohio Department of Public Safety told Winters that non-sworn officers weren't authorized to carry concealed weapons on state property.

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Dann's driver, John Conley, attended a five-day executive protection course in November and received a concealed weapons permit in January and began carrying his gun into the Rhodes Tower, on the state plane and anywhere else he went with Dann.

The same day Dann's office released records to our reporters about Conley carrying a gun, Dann sent a letter to the Ohio Building Authority saying Conley and Mark Majetich, another security agent, "carry loaded, concealed weapons at all times. They are both properly licensed and trained to handle and carry these weapons." Dann's letter also said Executive Attorney General Ben Espy has a CCW permit and wanted permission to have his weapon in the state-owned parking garage.

"Absolutely not. That violates state law," said Ohio Building Authority Executive Director Mark Gibson on Wednesday, April 23.

Espy is investigating allegations of sexual harassment against Anthony Gutierrez, Dann's friend, neighbor, former roommate and aide.

Meanwhile, Gutierrez' activities are attracting more attention. In November, Dann's office paid $399.90 for Conley and Gutierrez to attend a CCW class at the New Albany Shooting Range near Columbus. Dann spokesman Ted Hart said obtaining a CCW was not part of Gutierrez' job and paying for the class was not authorized.

"It was discussed and specifically rejected. Mr. Gutierrez put it in and it somehow got through. It will be deducted from his pay," Hart said.

Gutierrez ran the mail room, office fleet, maintenance and purchasing operations. He used a state-issued purchasing card for the class, state records show.

Cindy Stankoski, who accused Gutierrez of harassment, also told Espy this week that Gutierrez had a handgun in his state-owned vehicle, said Rex Elliott, her attorney.

Dann's office said Wednesday it is done interviewing witnesses in the sexual harassment probe and hopes to finish an internal report next week.

Department of Administrative Services spokesman Ron Sylvester said guns aren't allowed in state vehicles, except when carried by law enforcement.

"We encourage bring your child to work day but not bring your gun to work in your state vehicle day," Sylvester said.

Administrative Services also sent a letter to Dann's office Wednesday asking for an investigation into allegations that Gutierrez has driven his state-owned SUV while drunk and that he failed to report an accident. If Dann's office fails to investigate, DAS said it reserves the right to suspend Gutierrez from the vehicle insurance program for up to three years.

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

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