Under Ohio ethics Law, public officials are not allowed to participate in votes, discussions, deliberations, recommendations or lobbying that can have a definite and direct financial benefit or detriment to themselves, family members or business associates.
Every year, the Dayton Daily News uses Ohio public records laws to obtain settlement agreements from the Ohio Ethics Commission. These agreements often include “public reprimands” for officials found to have violated Ohio ethics law, though they’re not publicized or posted online by the state agency.
Other public officials rebuked for ethics violations last year include a school superintendent who was involved in his school district’s hiring of his daughters; a mayor who had a fiduciary interest in contracts with his employer; a trustee who participated in the township’s hiring of his brother for contract work; and an attorney for a state agency who misused state resources.
The 13 public officials received reprimands as part of settlement agreements that kept their cases from being referred for potential criminal prosecution.
“Although any violation of the ethics law is serious, sometimes, significant mitigating factors exist which do not warrant a criminal referral that probably will not be prosecuted.” said Paul Nick, executive director of the Ohio Ethics Commission. “Resolving these cases with public settlement agreements holds the public servants accountable for their actions while also serving to deter similar misconduct in the future.”
Credit: Provided
Credit: Provided
Preble County
Harrison Twp. Trustee Ric Prater was reprimanded by the Ohio Ethics Commission for participating in matters that affected the township’s employment of his son, George Prater, who worked as a roads supervisor, a settlement agreement states.
Harrison Twp. is located in the northeastern corner of Preble County and has about 4,200 residents.
On Feb. 27, 2023, Ric Prater took part in an emergency meeting of the board of trustees where the three-member elected body discussed his son’s employment and possible termination, the settlement agreement states. George Prater’s job was potentially at risk after he was vocal about a situation between the township and a funeral home over burial fees.
The Ohio Ethics Commission says state law prohibits public officials from using their positions to get a benefit or avoid a detriment for themselves or someone with whom they are closely connected. Public officials cannot act on a matter before their public agencies if it definitely and directly affects themselves, their close family members or their business associates.
The Ohio Ethics Commission said Ric Prater spoke with township’s counsel and learned that his son’s actions could result in his termination. Ric Prater then took part in the Feb. 27 emergency meeting even though an email that was read aloud at an earlier township meeting from the Preble County prosecutor warned him to abstain from all votes, comments or deliberations with the other trustees about matters involving his son.
Ric Prater did not seek reelection in the last election cycle, and the township hosted an open house on Dec. 17 to honor his 32 years of service in office. The Ohio Ethics Commission said Ric Prater agreed not to participate in any matters that affect his son moving forward, and he agreed to complete a one-hour course about state ethics law.
Allen County
Andre McConnahea violated the public contract provision of Ohio Ethics Law in early 2024 when he served as mayor of Delphos at the same time that he was a major with the Allen County Sheriff’s Department, a settlement agreement states.
Delphos, a city of about 7,100 residents, had two contracts with Allen County, and McConnahea as mayor had a fiduciary interest in the contracts with his employer (the county), the commission said.
Lafayette Twp.
Lafayette Twp. Trustee Martin Warchola while in office voted to provide health insurance benefits at no cost to elected officials, a settlement agreement states. He also voted to approve a $5,000 donation to the Medina County Society for the Prevention of Cruelty to Animals, even though he was president of the nonprofit’s board.
Ohio law prohibits public officials from enacting ordinances that increase the compensation of current members. The law also prohibits public officials from using public office to secure funding for organizations on which they serve as a board member or officer.
The township, located in Medina County, has about 6,000 residents.
Medina County Soil & Water
Zachary Albrecht, who has been a board member of the Medina County Soil & Water Conservation District since 2017, broke the law when he became a landlord to a conservation district employee, a settlement agreement states.
While serving on the board in 2023, Albrecht voted to increase his tenant’s pay, along with the compensation of other employees, the settlement agreement states.
Oregon city
Oregon city councilmember Dennis Walendzak was reprimanded for voting to approve a contract between the city and AAA, who was a tenant of a shopping plaza he owned, a settlement agreement states. Oregon is a city of about 20,000 people in Lucas County.
While on city council, Walendzak approved city purchase orders in 2020 and 2023 for fleet management services from the auto club organization. Walendzak during the commission’s investigation said he consulted with the city administrator at the time in the fall of 2020 and he was told his vote would not be a conflict of interest.
The commission said Walendzak did not directly profit from the approved purchase orders but his actions were against the law because he authorized a public contract in which he had an interest.
Sycamore village
Rodney Clinger, chief of the village of Sycamore volunteer fire department, was reprimanded after he sold goods and services from his private business to the department, says a settlement agreement. The village, located in Wyandot County, has about 630 residents.
Clinger during the investigation said the jobs he did were very small and he did not really profit from the work, which included repairing a water closet in a fire station and installing gear washers.
Richfield Twp.
Richfield Twp. Trustee Andrew Bick violated Ohio ethics law in 2020 when he voted to hire and pay his brother to do plumbing work for the township, which is located in Lucas County, a settlement agreement states.
Bick voted with the other trustees to pay his brother’s bills when he should not have participated in any matter that affects a family member, the commission said. Richfield is a township of about 6,400 people.
Stark County
De Ann Williams, executive director of the Stark County Veterans Service Commission in Canton, violated Ohio Ethics Law when she solicited sales of cosmetic products from subordinate employees and used her work email during the workday for outside business activity, a settlement agreement states.
Williams earned thousands of dollars in commissions from her outside business activities in 2019 and 2020. The Ohio Ethics Commission says the state’s conflict of interest law prohibits a public official from soliciting or accepting things of value that could have a “substantial and improper influence” on the official.
State of Ohio
Matthew Westerman violated Ohio Ethics Law when he used state resources to benefit his secondary, private employer, MCS & Associates, a settlement agreement states. Westerman served as deputy legal counsel for the Ohio Department of Natural Resources and was a former employee of the Ohio Facilities Construction Commission.
Westerman accepted compensation from MCS to represent the company before another state agency. Westerman sent or received dozens of emails through his ODNR account that were associated with MCS, and he used a state-issued computer to email questions and participate in a virtual meeting on his company’s behalf with the facilities construction commission.
Medina County
Wadsworth City Councilmember Jon Yurchiak broke the law when he used his authority as a member of the Woodlawn Union Cemetery Board to get a public contract that he and his minor children had an interest in, a settlement agreement states.
Yurchiak voted in favor of hiring and making payments to his minor child multiple times when he was serving on the cemetery board in 2021, 2022 and 2023.
Westerville City Schools
Joseph Clark, the former superintendent of Westerville City Schools in Franklin County, used his district computer in February 2024 during the school day to create short videos for a course for his secondary employer, the American College of Education, says a settlement agreement. Clark said he did the work over his lunch hour.
Clark, who worked for the school district between October 2023 and July 2024, also shared a photo of a book he authored during a presentation at a professional event and on the superintendent’s Twitter page. He also shared a link to his personal consulting website during the presentation.
Williamsburg village
Tracey Garrett, who served as a Williamsport village councilmember in Pickaway County between 2018 and early 2022, participated in discussions about a vacant fiscal officer position before resigning from her role on village council to accept the job, says a settlement agreement.
Garrett admitted to participating in discussions and voting on contracts with two of the candidates before she accepted the position herself, which the commission says violated the state ethic law because she had an unlawful interest in a public contract.
Garrett said she originally did not want the job and did not want to resign from the council, but the village had trouble finding someone to fill the position.
Williamsburg, population 2,600, is located in Clermont County in southwest Ohio.
Winton Woods Schools
Anthony Smith, former superintendent of Winton Woods City Schools in Cincinnati, used his authority and influence as superintendent to recommend the school district hire his daughters, according to a settlement agreement.
Smith, who retired in July 2024 after a decade on the job, had an ethical obligation to avoid actively participate in the hiring of his children, the commission said.
His daughters were first hired as aides in 2016, but Smith recommended the district hire one of his daughters as a clerk in 2021, and a subordinate of Smith’s in 2022 recommended that his other daughter be hired to a summer school staff position.
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