Gmoser said between November 2010 and this year, Maggard used his political position to compel a Butler County farm equipment merchant to give him deals and not charge sales tax on items he wanted. Maggard told the merchant that if he didn’t give him deals, then Lanier Township might not be such a good customer anymore, Gmoser said. The township used the merchant for purchases such as lawn mowers, weed whackers and other equipment.
Maggard was also ordered to pay $563 in restitution to the merchant. Gmoser called Maggard’s actions “despicable.”
“The larger principle of course is the violation of public trust, with the use of public office for personal gain,” Gmoser said. “That’s abhorrent, and we can’t tolerate that.”
Maggard had no comment Tuesday.
Butler County Judge Charles Pater accepted Maggard’s guilty plea and informed him he could be sentenced to 180 days in jail and fined $1,000. He ordered a pre-sentence investigation and set a sentencing hearing for Nov. 27.
Maggard’s attorney, Paris Ellis, said his client’s troubles in Butler County might be the least of his worries. Maggard pleaded guilty to a bill of information on breaking and entering charges in April 2011, according to Preble County Common Pleas Court records, and was given a diversion program in lieu of a conviction on the fifth-degree felony charge. Maggard took some television sets from a school, but claimed he was borrowing them.
Ellis said he talked to an assistant prosecutor in Preble County about three weeks ago, and she hadn’t made up her mind as to whether Maggard could remain in the diversion program.
Lanier Twp. Trustee Buster Eby said he did not want to comment on Maggard’s situation, but said the board will likely appoint former trustee Mike Montgomery to fill the vacancy.
Gmoser said he is making an example of Maggard.
“I intend to use this case to serve as one more stern warning that violations of public trust will not be tolerated,” he said.
This is the second time Gmoser has forced a public official to resign for misconduct. Last fall, he agreed not to prosecute former Fairfield School board member Sharon Ko for her role in an elaborate campaign finance scheme, if she resigned.
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