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IN THE SUPREME COURT OF OHIO
THE STATE OF OHIO ex rel., , .. LUCAS COUNTY REPiJBLICAN PARTY EXECUTIVE COMMITTEE CASE NUMBEid 323 North Huron Street Toledo, Ohio 43604
RELATOR,
vs.
JON M. HUSTED OHIO SECRETARY OF STATE 180 East Broad Street; Fifteenth Floor Columbus, Ohio 43215-3726
VERIFIED PETITION FOR WRIT OF MANDAMUS
WILLIAM M. TODD (#0023061) Law Offices of William M. Todd, Ltd. 137 East State Street Columbus, Ohio 43215 Phone No.: (614) 545-6311 Fax No.: (614)545-6356 E-mail: zvtodd cr williarnrrztodd.conl._
Counsel for Relator Lucas County Republican Party
:..;!
f t' ^`; .r ,.. f 6 ii^Ge SUNN, t°> r I . .. ^ ; . A t For its Verified Petition against Respondent, Jon Husted, Ohio Secretary of State for a
Writ of Mandamus ("the Secretary"), Relator, Lucas County Republican Party Executive
Committee ("LCRP Executive Committee") states, as follows:
PARTIES
1. Relator, LCRP Executive Committee is the lawfiil, duly elected and existing
Executive Committee of the Republican Party of Lucas County, Ohio.
2. Respondent, the Secretary, is the duly elected Secretary of State for the State of Ohio.
JURISDICTION
3. Article IV, Section 2(B)(1)(d) of the Ohio Constitution, and Rule X of Rules of
Practice of this Court, vest this Court with original jurisdiction to grant writs of
mandamus.
4. Ohio Revised Code Section 3501.07 provides the LCRP Executive Committee with
the right to seek a writ of mandamus to compel the Secretary to approve Kelly
Bensman and Benjamin Roberts, its recommended appointees to the Lucas County,
Ohio Board of Elections.
FACTS COMMON TO ALL COUNTS
5. In June 2011, the Secretary appointed Jon Stainbrook to fill a Board member vacancy
for an unexpired term ending February 28, 2014 at Lucas County Board of Elections,
as recommended by the LCRP Executive Committee.
6. In February 2014, the Secretary re-appointed Jon Stainbrook to the Lucas County
Board of Elections for a full-term ending February 28, 2017. Beginning in 2011, Mr.
2 Stainbrook made numerous documented complaints regarding his concerns with
election irregularities and the improper administration of elections to the Secretary,
various representatives of the Secretary of State's office, fellow Board members, the
Lucas County Prosecutor's office, and to others, in fulfilling his fiduciary
responsibilities as a Board member.
7. In March and Apri12014, Mr. Stainbrook made multiple requests to the Secretary of
State's office for their assistance to help the Lucas County Board of Elections
properly administer the 2014 Primary Election.
8. On Apri17, 2014, the Secretary issued. Directive 2014-11 to form a four-member
irregular panel that was termed the "The Transparency Committee". The
Transparency Committee included the Secretary's former Assistant Secretary of State
Scott Borgemenke, former Secretary of State Jennifer Brunner, political consultant
and former Lucas County Board of Elections Democratic Board member James
Ruvolo, and attorney Jonathan Allison.
9. "The Transparency Committee" held public meetings during special Board meetings
on April 9, April 15, Apri123, and May 9, 2014 to discuss agenda items unrelated to
the competency of Kelly Bensman and Benjamin Roberts to serve as Board members
on the Lucas County Board of Elections, which are the only issues presented in this
case.
10. The "Transparency Coznmittee" met for over 21 hours. Although the meetings were
largely transcribed by a Court Reporter, no testimony was taken under oatla. 'The
individuals who made statements during the meetings included "Transparency
Committee" members; Lucas County Board of Elections' Board Members, current staff, and former staf.f; and a member of the public who is known outspoken
adversary of the Lucas County Republican Party leadership, members, and
supporters.
11. During the meetings of the "Transparency Committee," meeting participants made
numerous unsubstantiated and unsworn public statements regarding the Lucas County
Board of Elections' Board members and staff, Lucas County Republican Party
members, officials, and candidates; and, various members of the public.
12. The "Transparency Committee" relied solely upon unsworn and unverified statements
of hearsay made by Board members and employees without regard for whether the
statements were accurate or biased and did not subpoena persons to testify or request
evidence from individuals to substantiate allegations.
13. At the close of the meeting held on May 9, 2014, using what appeared to be a pre-
written typed statement, Chairman Scott Borgemenke read the "Transparency
Committee's" recommendation that the Secretary remove Board members
Stainbrook, DeGidio, and Rothenbuhler, Director Gina Kaczala, and Deputy Director
Dan DeAngelis and that the Secretary should leave Democratic Board member, and
former Lucas County Democratic Chairman John Irish on the Board despite his direct
involvement with the incidents cited as reasons to remove the other Board officials.
The recommendation to the Secretary was not on the meeting agenda, and was not
made by a public vote. One of the Republican "Transparency Committee" members,
Jon Allison, was not in attendance at this meeting.
14. On May 15, 2014, the Secretary's Director of Elections , Matt Damschroder, presided
over a 7-hour "hearing" conducted with the purpose to allegedly present an opportunity for elections officials whose removal was recommended by the
"Transparency Committee" an "opportunity to be heard" as to why each should not
be removed. As occurred during the proceedings of the irregular "Transparency
Committee", the proceedings occurred without any sworn testimony or any other
indicia of a due process hearing.
15. On June 4, 2014, Matt Damschroder issued a "report" in which he recommended to
the Secretary that the three Board members and the Director be removed. (A copy of
the Hearing Officer's Report and Recommendations, not including the Exhibits
referenced in the report because Respondent has not provided them publicly, is
attached hereto as Exhibit A and is incorporated herein as if fully rewritten.) The
Damschroder report on this "hearing," simply ignored much of the actual
proceedings.
16. On June 5, 2014, the Secretary removed from the Lucas County Board of Elections
Republican Board members Jon Stainbrook and Anthony DeGidio, and Democratic
Board member Ron Rothenbuhler. In addition, the Secretary suspended Democratic
Board member John Irish until the new Board members were selected, promoted
Lavera Scott to Deputy Director, and re-appointed Director Kaczala as Interim
Director until the next Board selected their own Director.
17. The Secretary of State has not released any transcripts of the irregular "Transparency
Committee" meetings to the LCRP Executive Committee despite multiple verbal and
written requests for these public records.
18. Rather than attempting to contest the irregular, and likely illegal actions by the
Secretary, the LCRP Executive Committee, at a meeting held by its members on June 18, 2014, unanimously recommended the appointments to the Lucas County Board of
Elections of Kelly Bensman for an unexpired term ending February 29, 2016, and
Benjamin Roberts for an unexpired term ending February 28, 2017. (A copy of said
recommendations are attached hereto as Exhibit B and incorporated herein as if fully
rewritten.) These two individuals have never served as members of the Lucas County
Board of Elections.
19. The LCRP Executive Committee's recommended appointee, Kelly Bensman, is more
than competent and qualified to serve on the Lucas County Board of Elections. Ms.
Bensman received her Bachelor of Science degree and completed additional graduate
coursework at the University of Toledo. Ms. Bensman is employed, full-time as a
hydro-geologist at an established engineering and environmental consulting firm. She
possesses professional expertise in areas including regulatory compliance, data
assessment and quality management programs, and environmental investigations. She
has been politically active as a Republican and is generally familiar with the
operations of the Lucas County Board of Elections.
20. In 2013, Ms. Bensman was appointed by Governor John R. Kasich to the Ohio
Department of Natural Resources Ohio Water Advisory Council, that advises the
Ohio Department of Natural Resources on various water management and
conservation policies and legislation. Her professional experience also includes
working in collaboration with federal, state, and local governrnent agencies, non-
profit organizations, and private commercial enterprises, and she has participated in
numerous projects involving consensus building and community outreach. 21. The second appointee recommended by the LCRP Executive Committee, Mr.
Benjamin Roberts, is more than competent and qualified to serve on the Lucas
County Board of Elections. Mr. Roberts received a Bachelor's degree from the
University of Toledo and received a Master of Business Administration degree from
the Ross School of Business at the University of Michigan.
22. Mr. Roberts has held numerous leadership positions within various business
organizations ranging from Senior Director - Institutional Advancement, Senior
Business Analyst - Global IT Strategy and Architecture, Development Director /
Chief Operating Officer. In addition, for a short period of time, he served as the
appointed Director of the Lucas County Board of Elections.
23. By letter dated June 24, 2014, (and transmitted via E-mail at 1:51 pm on June 24,
2014), the Secretary arbitrarily, and without valid reason, determined that Ms.
Bensman and Mr. Roberts were incompetent, and rejected the recommendations of
the LCRP Executive Committee. (A copy of said letter is attached hereto as Exhibit C
and is incorporated herein as if fully rewritten.)
24. On July 2, 2014, the LCRP Executive Committee met to review the Secretary's letter.
By a unanimous vote of its members, it agreed to institute this action to compel the
Secretary to execute his clear legal duty and appoint Ms. Bensman and Mr. Roberts to
the Lucas County Board of Elections, consistent with Ohio Revised Code §3501.07,
and the relevant, interpretative case law.
25. It is respectfully submitted that the Secretary's stated reasons for rejecting the
recommendation of Ms. Bensman are fallacious and erroneous. The Secretary has
7 based this action solely on untrue, unsworn, unverified and unsubstantiated
allegations.
26. It is further respectfully submitted that Secretary's stated reasons for rejecting the
LCRP Executive Committee recommendation of Mr. Roberts are based on untrue,
unsworn, unverified and unsubstantiated allegations. In addition, the Secretary's
comments regarding Mr. Robert's resignation from the position of Director of the
Lucas County Board of Elections in 2011 simply have no bearing on his competency
to serve as a Lucas County Board of Elections member.
27. The Secretary has rejected the LCRP Executive Committee recommendations of Ms.
Bensman and Mr. Roberts on the improper basis of mere suspicion, unsubstantiated
allegations and personal opinions, without a shred of verified factual evidence that
would demonstrate that either of them are not competent.
28. Prior to issuing his rejection on June 24, 2014 the Secretary made no effort,
whatsoever, to seek a response to these unfounded allegations from: Jon Stainbrook,
as Chairman of the Lucas County Republican Party Executive Committee; from
either of the recommended appointees, Ms. Bensman and Mr. Roberts; or any other
qualified, independent person from Lucas County, Ohio. (See affidavits from Mr.
Stainbrook, Ms. Bensman, and Mr. Roberts attached hereto as Exhibit D, Exhibit E,
and Exhibit F, respectively, and incorporated herein as if fully rewritten.)
29. Accordingly, the Secretary's decision to reject the recommendations was based on
unfounded allegations with no response sought from, or afforded to, the LCRP
Executive Committee or the recommended appointees. 30. Ms. Bensman is a duly qualified elector of Lucas County and member of the
Republican Party. She is of good character, and possesses the requisite abilities and
qualifications to competently perform the duties of a member of the Lucas County
Board of Elections. (See affidavits of Jerry Jones, Exhibit G; Theresa M. Gabriel,
Exhibit H; Constantine Stamos, Exhibit 1; William Bradner, Exhibit J; and Douglas
Haynam, Esq., Exhibit K; all incorporated herein as if fully rewritten.)
31. Benjamin Roberts is a duly qualified elector and member of the Republican Party of
Lucas County. He is of good character, and is cotnpetent to serve as a member of the
Lucas County Board of Elections (See affidavits of Kenneth Cousino, Exhibit L;
Mark Nowak, Exhibit M; Jennifer Lorenz, Exhibit N; and Bradley Wagner, Exhibit
0; all incorporated herein as iffully rewritten.)
COUNT ONE KELL^.' BENSMAN -- MANDAMUS
32. The verified allegations stated in paragraphs 1-31. above are incorporated as if fully
rewritten herein.
33. The Secretary's arbitrary refusal to appoint Ms. Bensman is based solely on the
Secretary's incorrect speculation that "...she was and remains part of the dysfunction
at the Lucas County Board of Elections." 'This is merely idle speculation because Ms.
Bensman is not, and never has been, an employee at the Lucas County Board of
Elections or the Secretary of State's Office. Her only official connection with the
Lucas County Board of Elections has been in serving as a poll-worker during two
elections approximately 8-10 years ago. 34. The Secretary has made these unsubstantiated and untruthful allegations with no
verified evidence, sworn to or submitted under oath, and the Secretary has utterly
failed to address her personal competence to serve on the Lucas County Board of
Elections.
35. The Secretary's decision to deny Ms. Bensman's appointment is arbitrary and
capricious, is not supported by credible evidence, constitutes an abuse of discretion,
and is insufficient as a matter of law. (See e.g., State Ex Rel. Cuyahoga County
Democratic Party Executive Committee v. Taft, Secretary ofState (1993), 67 Ohio
St.3d 1.)
36. Ohio Revised Code Section 3501.07 mandates that the Secretary, appoint an elector
recommended by a political party executive committee unless the Secretary finds
that the elector would not be a competent member of such board."
37. As demonstrated by Ms. Bensman's ample qualifications including her professional
experience in supervising diverse employees and subcontractors, budget oversight,
and with special expertise in regulatory compliance and quality assurance and quality
control programs, Ms. Bensman is competent and extremely qualified to serve on the
Lucas County Board of Elections.
38. Ms. Bensman has not been afforded any opportunity to object to or refute any of the
unsworn and factually inaccurate statements relied upon by the Secretary. In fact, the
Secretary has not provided any factual details or substantiated evidence supporting
his conclusion, and has not afforded Ms. Bensman any opportunity to refute his
claims.
10 39. The Secretary has refused to appoint Ms. Bensman to the Lucas County Board of
Elections because of his unsupported conclusion that she does not have the "requisite
or adequate ability or qualities" to be a Board member, without even acknowledging
or considering her professional qualifications, background, education or training.
40. Pursuant to the limited discretion granted to the Secretary under Ohio Revised Code
§3501.07, the Secretary has a statutory duty to appoint an individual recommended by
a county party executive committee unless the Secretary determines the individual is
incompetent.
41. Ms. Bensman was recommended unanimously, by a vote of 55 to 0 vote of the
members of the duly elected and appointed LCRP Executive Committee and is
competent to serve on the Lucas County Board of Elections as so recommended.
42. The Secretary has failed to perform, and has reftised to perform, his legal duty to
appoint Ms. Bensman to the Lucas County Board of Elections.
43. The LCRP Executive Committee has no other adequate remedy at law because
Relator"s sole rernedy at law under Ohio Revised Code Section 3501.07 is a
mandamus action.
44. Under these circumstances the LCRP Executive Committee is entitled to a writ of
mandamus, pursuant to Ohio Revised Code §3501.07, mandating and directing the
Secretary to appoint the Ms. Bensman to the Lucas County Board of Elections as
unanimously recommended by the LCRP Executive Committee.
ll COUNT TWO ROBERTS -- MANDAMUS
45. The verified allegations stated in paragraphs 1-31 above are incorporated as if fully
rewritten herein.
46. The Secretary's denial of Mr. Roberts' appointment is based on the Secretary's
assertion that Mr. Roberts is at fault for an absence of policies and procedures for the
Board during the brief period Mr. Roberts was Director from July 2011 tlirough
December 2011. However, in his role as Director, Mr. Roberts had no ability to
change the situation because the Board members did not grant Mr. Roberts the
authority: to enforce the Board's existing policies and procedures: to create and
implement new policies and procedures; or, to enforce the policies and procedures on
employees through appropriate disciplinary action.
47. Mr. Roberts admittedly resigned his position due to "a caustic work environment"
created by a majority of the Board members. He was met with constant resistance
from Democratic Deputy Director Daniel DeAngelis and former Board Member
James Ruvolo.
48. Mr. Roberts reported his concerns regarding the dysfunction of the Lucas County
Board of Elections office to various representatives of the Secretary's office. Initially,
the Secretary's office refused to provide any assistance.
49. However, while Mr. Roberts was Director, the Secretary removed the Lucas County
Board of Elections from administrative oversight of the Board of Elections in October
2011 in response to Mr. Roberts' coneernsabout the office and lack of support from
the then serving Lucas County Board members.
12 50. Mr. Roberts oversaw two successfi.il elections, and submitted his resignation due to
the lack of cooperation from the majority of the members of the Board and the
Deputy Director. None of these persons currently serve on the Lucas County Board
of Elections.
51. In his correspondence of June 24, 2014, the Secretary has made unsubstantiated and
untruthful allegations with no verified evidence that addresses Mr. Roberts' personal
competence to serve as a Board member of the Lucas County Board of Elections.
52. The Secretary now claims Mr. Roberts is not competent, because Mr. Roberts did not
complete his appointed term as Director. However, Mr. Roberts decision to leave the
Lucas County Board of Elections at that time was due to the inappropriate
interference from the Secretary.
53. Th.e Secretary's so-called decision to deny the recommendation of Mr. Roberts to
serve as a Board member is without merit, is arbitrary and capricious, and is not
supported by credible evidence of his lack of competency. Moreover, it is an abuse of
the Secretary's discretion, and is insufficient as a matter of law. (See State Ex Rel
Cuyahoga County Democratic Party Executive Committee v. Taft, Secretary of State
(1993), 67 Ohio St.3d 1.)
54. Ohio Revised Code Section 3501.07 mandates and requires that the Secretary appoint
an elector recommended by a political party executive committee unless the Secretary
finds "that the elector would not be a competent member of such board,"
55. As demonstrated by Mr. Roberts' ample qualifications provided by his resume
attached as Exhibit G hereto and made a part hereof (including his experience serving
as Director of the Lucas County Board of Elections and his private-sector
13 specialization in budget oversight, restructuring organizations, and streamlining and
re-tooling policies and procedures), Mr. Roberts is competent and extremely qualified
to serve on the Lucas County Board of Elections.
PRAYER FOR RELIEF
WHEREFORE, Relator,LCRP Executive Committee prays for relief as follows:
A. On Count I, issuance of a. peremptory writ of mandamus mandating and directing that the
Secretary appoint Ms. Bensman to the Lucas County Board of Elections as recommerlded
by the LCRP Executive Committee.
B. On Count II, issuance of a peremptory writ of mandamus mandating and directing that
the Secretary approve and appoint Mr. Roberts to the Lucas County Board of Elections as
recommended by the LCRP Executive Committee.
C. Such other relief as this Court deems equitable, necessary, proper or just.
Respectfully submitted,
William M. Todd (#0023061) Law Offices ofWiliiam M. Todd, Ltd 137 East State Street Columbus, Ohio4321.5 Phone No.: (614) 545-6311 Fax No.: (614) 545-63 ) 56 E-mail: wtodd trw^^lliammtodd.com
COUNSEL FOR RELATOR LIJCAS COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE
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1, 6 La-vvriter - ORC - 3501.07 Filling vacancies on county boards of elections. 1
3501.07 Filling vacancies on county boards of elections.
At a meeting held not more than sixty nor less than fifteen days before the expiration date of the term of office of a member of the board of elections, or within fifteen days after a vacancy occurs in the board, the county executive committee of the major political party entitled to the appointment may make and file a recommendation with the secretary of state for the appointment of a qualified elector. The secretary of state shall appoint such elector, unless the secretary of state has reason to believe that the elector would not be a competent member of such board. In such cases the secretary of state shall so state in writing to the chairperson of such county executive committee, with the reasons therefor, and such committee may either recommend another elector or may apply for a writ of mandamus to the supreme court to compel the secretary of state to appoint the elector so recommended. In such action the burden of proof to show the qualifications of the person so recommended shall be on the committee making the recommendation. If no such recommendation is made, the secretary of state shall make the appointment.
If a vacancy on the board of elections is to be filled by a minor political party, authorized officials of that party may within fifteen days after the vacancy occurs recommend a qualified person to the secretary of state for appointment to such vacancy.
Amended by 130th General Assembly File No. 43, SB 193, §1, eff. 2/5/2014.
Effective Date: 03-23-1972
http://codes.ohio.gov/orc/3501.07 HEARING OFFICER'S REPORT & RECOMMENDATIONS
TO: The Honorable Jon Husted, Ohio Secretary of State
DATE: June 4, 2014
RE: The matter of removal of Ron Rothenbuhler, Jon Stainbrook, and Anthony DeGidio as Members of the Lucas County Board of Elections and Gina Kaczala and Dan DeAngelis as Director and Deputy Director, respectively, of the Lucas County Board of Elections.
BACKGROUND
Prior to the May 6, 2014 primary election, the Secretary of State established a
bipartisan Transparency Committee of experienced and well-respected public officials to
bring much needed light to the functions of the Lucas County Board of Elections and
therefore ensure an open, transparent and effective elections process. The Transparency
Committee was chaired by Scott Borgemenke, former Assistant Secretary of State to Ohio
Secretary of State Jon Husted and included former Ohio Secretary of State Jennifer Brunner,
Jon Allison, former Assistant Secretary of State to Ohio Secretary of State Bob Taft, and Jim
Ruvolo, former Board Member of the Lucas County Board of Elections. The circumstances
that precipitated the Transparency Committee's appointment included accusations of
improper election administration from at least one Board Member against his staff,
accusations of misconduct by at least one Board Member against at least one other Board
Member, accusations of malicious interference from Board staff against one of their Board
Members, accusations of harassment from Board staff against other Board staff, and accusations of election administration irregularities and public records violations from the public about the agency in general. The Transparency Committee's work was preceded by at
EXiiIBIT
_A__ least two other interventions in as many years: a top-to-bottom management review performed by Mr. Allison and Mr. Ruvolo in 2013,1 and the appointment of two experienced local election administrators, Keitli Cunningham, former Director of the Allen County Board of Elections, and Arch Kimbrew, Jr., former Director of the Geauga County Board of
Elections, to act as special masters providing direct operational oversight of the 2012 presidential general election.
To bring transparency to the Lucas County Board of Elections, to make sure that the right questions were being asked, and to make sure that questions and allegations were on the record, (Transcript of April 9, 2014 Meeting, Ilearing Exhibit 8, page 4), the
Transparency Committee conducted three hearings in Toledo pri.or to the May 6, 2014 primary election. These hearings were noticed and fully open to the public, including local media, and were attended by each of the four menlbers of the Lucas County Board of
Elections, its Director, Deputy Director, other essential Board personnel, and each of the four members of the Transparency Committee.2 Despite these three hearings, where members of the Transparency Committee shed much needed light on the functions of the board to ensure an open, transparent, and effective elections process for the May 6, 2014 primary election, the agency's administration of that election was troubled, (See, generally,
DVD of May 9, 2014 Meeting, Hearing Exhibit 11), prompting the Transparency Cominittee to hold a fourth and final public hearing on May 9, the Friday following the election.3
Having heard over twenty-one hours of testimony, the Transparency Committee determined
After conducting their management review of the Lucas County Board of F,lections, Mr. Allison and Mr. Ruvolo issued a report. (See, Allison-Ruvolo Report, Hearing Exhibit 3). The transcripts of the Transparency Committee's Apri19, 2014, April 15, 2014, and Apri123, 2014 public hearings are marked Hearing Exhibits 8, 9, and 10, respectively. The video recording of the Transparency Committee's May 9, 2014 public hearing of May 9, 2014 is marked Hearing Exhibit 11. Mr. Allison was not present for the May 6, 2014 meeting of the Transparency Committee, but participated via phone in the Transparency Committee's deliberations and was "on board with the recommendations." (DVD of May 9, 2014 Meeting, Hearing Exhibit 11, Disc 3 of 3, at 01:26).
2 that the cancers inherent within the Board of Elections are so advanced, and the long term prognosis so severe, that the prospect of this Board of Elections healing itself is simply not a viable solution fi-om their perspective. As such, the Transparency Coinniittee publicly recommended that the Secretary of State termiiiate the public service of Board Members
Ron Rothenbuhler, Jon Stainbrook, and Anthony DeGidio, Director Gina Kaczala, and
Deputy Director Dan DeAngelis.
On Monday, May 12, 2014, the Secretary of State sent a l.etter4 to these five officials notifying them that he intended to remove them fi-oin their positions pursuant to R.C.
3501.1.6, which reads, in relevant part:
The secretary of state may sununarily remove or suspend any member of a board of elections, or tlie director, deputy director, or any other employee of the board, for neglect of duty, malfeasance, misfeasance, or nonfeasance in office, for any willful violation of Title XXXV of the Revised Code, or for any other good and sufficient cause.'
The notice informed the aforei:nentioned individuals that they could appear at a hearing scheduled for Thursday, May 15, 2014 to address the question of their removal and could be represented by counsel.. In the alternative, the offer of resignation was extended. In response, only Deputy Director Dan DeAngelis tendered his resignation to the Secretary. (The remaining four individuals will be referred to herein, collectively, as "respondents.") The hearing proceeded in a manner consistent with the precederit of past practice of the Secretary of State's Office.
4 The letter was sent electronically and via United States mail, and none of the individuals in question dispute that they received the letter on May 12, 2014. ^ LAWriter Ohio Laws and Rules, as found at wvnv.codes.ohio.gov/codes/3501.16 (last accessed by the Hearing Officer on May 23, 2014), omits the phrase "or for any other good and sufficient cause" from its recording of R.C. 3501.16. A review of Am. Sub. H.B. 99 (121 ' General Assembly) (effective August 22, 1995), the most recently enacted legislation affeeting this section, confirnis that the text of the law, as set forth in this.IZeport & Recotnniendations, is a correct aiid accurate rendering of the statute as it presently exists in state law, THE HEARING
A. INTRODUCTION
Pursuant to the Secretary's May 12, 20141etter, this matter came before the Hearing
Officer at a hearing at Toledo, Ohio's One Government Center on May 15, 2014. The May
15 hearing was approximately seven hours in length and a court reporter was present to create a transcript of the proceedings. Eleven Exhibits were accepted into evidence, and are referenced throughout this document.
All respondents-Mr. Rothenbuhler, Mr. Stainbrook, Mr. DeGidio, and Ms.
Kaczala6-were present at the hearing. Additionally, all four members of the Transparency
Committee were present for the hearing in order to state their findings from the approximately twenty-one hours of hearings they had with the Lucas County Board of
Elections. At the beginning of the May 15 hearing, the Hearing Officer explained the purpose of the meeting: "[T]o allow [respondents] the opporttanity to be heard as to wh.y each should not be removed fi•om their respective positions with the Lucas County Board of
Elections," (Hearing Transcript, page 4).
After calling the hearing to order and explaining the purpose of the meeting, the
Hearing Officer explained how the hearing would unfold. (Hearing Transcript, pages 5-7).
The hearing started with a "global statement" from the Transparency Committee. This
"global statement" provided the Transparency Committee with an opportunity to reiterate their recommendations from their May 12 hearing. Second, after the "global statement," Mr.
Rothenbuhler provided his opening statement of about fifteen minutes. The opening statement was permitted to be used in whatever manner Mr. Rothenbuhler found most belpful. Third, the Transparency Committee had approximately thirty minutes to offer
6 As was her right, Ms. Kaczala was represented by counsel, Mr. Paul T. Belazis. information specific to Mr. Rothenbuhler. Fourth, Mr. Rothenbuhler had forty-five minutes to respond to the Transparency Conu'nittee. Fifth, the Transparency Committee concluded with a brief closing statement. Sixth, and lastly, Mr. Rothenbuhler concluded with his brief closing statement. The process, specifically Steps Two through Six, were repeated for Mr.
Stainbrook, Mr. DeGidio, and Ms. Kaczala, respectively,7 except that from time to time, the
Hearing Officer, in his sole discretion, allowed the Transparency Conunittee the opportunity to rebut stateinents made by one of the respondents during Step 4 and then allowed the respondent to respond.
In addition to stating the process for the hearing, the Hearing Officer reminded the respondents that the hearing was not a formal legal proceeding. (Hearing Transcript, page
13). For this reason, the rules of procedure and rules of evidence did not apply in the traditional sense for the hearing. (Hearing Transcript, page 13). The Hearing Officer made clear that any evidence admitted would be given the weight it deserves. (Hearing Transcript, page 14). After concluding the introductory statement, the Hearing Officer turned the matter over to the Transparency Comnlittee for its opening statement, and then followed the aforementioned process for Mr. Rothenbuhler, Mr. Stainbrook, Mr. DeGidio, and Ms.
Kaczala.
B. OBJECTIONS
Prior to discussing the Transparency Committee and respondents' arguments, it is necessary to address the objections made at the hearing. During the course of the hearing, several objections were made. One objection-the matter of admitting the three
7 The order was originally set by the Hearing Officer at the beginning of the hearing to be Mr. Rothenbuhler, Mr. DeGidio, Mr. Stainbrook, and Ms. Kaczala, (Hearing Transcript, page 6), but following Mr. Rotlienbuhler's portion of the hearing, Mr. DeGidio requested a change of order which was granted by the Hearing Officer: Mr. Rothenbulller, Mr. Stainbrook, Mr. DeGidio, and Ms. Kaczala. (Heariug Transcript, page 57). Transparency Comniittee meeting transcripts and the one Transparency Conimittee DVDs
from its last meeting-was decided at the hearing itself. Here, Ms. Kaczala, through
counsel, and Mr. DeGidio expressed their objection to the Transparency Committee moving to admit the Transparency Committee transcripts and DVD as exhibits on the basis that the transcripts and DVD were not available to them prior to the hearing. At the end of the hearing, after due consideration, the Hearing Officer overruled the objection to the
Transparency Committee transcripts and DVD being placed in the record. (Hearing
Transcript, pages 284-285). As was made clear at the hearing, the objection was overruled because all respondents were present for each of the Transparency Committee hearings and the transcripts were likewise not available to the Transparency Committee for its preparation at the May 15 hearing. The Hearing Officer, finding that no one was "advantaged or disadvantaged" by the process of the Transparency Comniittee transcripts and DVD, overruled respondents' objection. (Hearing Transcript, pages 284-285).
At the hearing, Mr. DeGidio and Ms. Kaczala, by and through her counsel, also raised objections on due process grounds.9 The due process objections relate to three complaints Mr. DeGidio and Ms. Kaczala had regarding the hearing. First, both assert that they received no notice of the specific charges brought against them. Second, both claim they did not have sufficient time to prepare for the hearing. Third, Mr. DeGidio and Ms.
Kaczala believe they were not properly provided with the format of the hearing and how it would proceed.
For the Transparency Comrnittee's last hearing, on May 9, the hearing began without a court reporter apparently due to an oversight by the Board staff. (Hearing Transcript, page 225). In lieu of a coui-t reporter, the beginning of that hearing was audio-recorded until a videographer could arrive to record a video transcript, (Hearing Transcript, pages 225-226). 9 Mr. Rothenbuliler and Mr. Stainbrook did not object to the hearing on any grounds. However, the saine due process analysis applies to all four individuals present at the hearing. As the Hearing Officer, I find that the due process objections do not have merit. All
four individuals present at the hearing received notice of the charges against them froni
Secretary Husted's May 12, 2014 letter instructing them to appear in person at Toledo's One
Government Center building on May 15, 2014 for an opportunity to be heard. The May 12 letter put respondents on notice that the proceedings could result in a determination to remove them from office pursuant to R.C. 3501.16. The letter also emphasized that the
Secretary's action was the result of the Transparency Committee's in-depth inquiry into the
Lucas County Board of Elections, as well as the "long-line of intervention measures that [the
Board] has required."
In addition to the notice of the charges within Secretary Husted's letter, the
Transparency Committee hearings served to further inform respondents of the basis for these removal proceedings. '° On May 9, 2014, the Transparency Committee concluded approximately twenty-one hours of work with a list of the "macro issues" leading to its recommendation that the Secretary remove respondents. (See DVD of May 9, 2014 Meeting,
Hearing Exhibit 11). The Committee noted that no one disputes that these issues occurred.
The "macro issues" included the failure to file campaign finance reports for at least two years, the failure to properly audit precinct election official numbers and training, the failure to iniplement a policy of how a Board meeting is run, the failure to properly set an agenda for Board meetings, the failure to follow the agenda when it was set, the failure to have regular Board meetings, the failure to set andlor follow a policy for the hiring, firing, and management of seasonal employees, the failure to have a policy regarding nepotism, the
The four indiNriduals admit that they were present for the Transparency Committee hearings, including its fourth and final meeting at which the Committee presented its recoinmendations. (For Rothenbuhler, see Hearing Transcript, page 46; for Stainbrook, see Hearing Transcript, page 64; for DeGidio, see Hearing Transcript, pages 233-244; for Kaczala, see Hearing Transcript, page 283). All were present for the May 15 hearing. failure to fill vacant election positions in a proper timeframe, the failure of proper communication between the staff and board, the failure to maintain proper decorum at the
Board, and the continued flood of accusations which only further created a "toxic and hai-mful" atmosphere." The Committee made clear that these findings, as well as the long history of problems with the Lucas County Board of Elections, led to its recommendation that Secretary Husted act to remove respondents. Each of the respondents were present on
May 9 for the Transparency Committee's statement of these "macro issues."
Finally, the May 15 hearing began with the Transparency Committee further emphasizing the charges against respondents. The Transparency Committee summarized at the beginning the same "macro issues" it identified in the May 9 hearing. The Committee stated it believed the Secretary was permitted to remove respondents pursuant to R.C.
3501.16 on all the grounds enumerated in that statute. In addition, the Hearing Officer made clear to Mr. DeGidio that the hearing was proceeding under "the totality of that section of the code [R.C. 3501.16] and not necessarily any one particular phrase or word..." (Hearing
Transcript, page 124).
The charges laid out in the Secretary's May 12 letter, as well as the Transparency
Committee's May 9 meeting, lead me to conclude that the objections related to lack of adequate notice are unfounded, and accordingly, to overrule them.
Additionally, respondents had sufficient time to prepare for the May 15 hearing. At the May 9 meeting, the Transparency Committee, as detailed above, discussed its findings related to respondents and informed them that its recommendations would be immediately submitted to the Secretary and the decision on how to proceed would be his to make. Thus,
11 The Transparency Comrnittee used the following as examples of accusations leading to concern: the taping of private discussions, improper physical contact, residency issues, and further accusations made in the rnultiple police reports. (See, generally, DVD of May 9, 2014 Meeting, Hearing Exhibit 11). the May 121etter-sent in the morning the next business day after the Transparency
Committee publicly made its reconlmendations-should not have come as a surprise. The
May 121etter gave the individuals more than two full business days to prepare for the
administrative hearing. Respondents were well prepared and able to speak at length about
each topic, at least partly due to the fact that they had discussed many of the sanie topics at
various times dui-ing the past three years and again, in great depth, during the twenty-one
hours of Transparency Committee hearings. Further evidence of adequate preparation time
is that Mr. DeGidio had time on the eve of the hearing to write the Secretaiy a lengthy e-
mail stating that he would resign if certain demands were met. (See, Email of May 13, 2014
at 6:21 PM from Anthony DeGidio to Jon Husted, Hearing Exhibit 4). Additionally, Ms.
Kaczala had the opportunity to collect a number of letters of support froni employees at the
Lucas Couzity Board of Elections. (See Twelve (12) Letters of Support for Gina Kaczala,
Hearing Exhibit 7). Neither Ms. Kaczala, by or through counsel, or Mr. DeGidio asserted
that there was any specific evidence or argument they did not have time to obtain, develop,
or present. Therefore, I find respondents had sufficient time to prepare for the
administrative hearing and overrule the objections.
Lastly, I overrule the objections that the individuals did not have infonnation
regarding the format of the hearing and how it would proceed. The Secretary's May 12 letter
infoi-med each individual that they would have the right to appear in person at the stated
location to receive a hearing. The letter further informed them that the hearing was to provide respondents with an opportunity to be heard as to why each should not be removed from their respective positions with the Lucas County Board of Elections, (Hearing
Transcript, pages 4-5), and that they would be permitted counsel at the hearing. Beyond the letter, at the beginning of the hearing, I detailed the process that was about to unfold for
respondents and the Transparency Committee. (Hearing Transcript, pages 5-7). Both the
individuals and the Comniittee were on equal footing and received the process at the same
time. It is worth noting also that the two individuals specifically raising the objection, Mr.
DeGidio and Ms. Kaczala, had their portions of the hearing after Mr. Rothenbuhler and 1vlr.
Stainbrook. While this was a coincidence and not a factor in overruling their objections, I
believe it is noteworthy given that this order of events allowed Mr. DeGidio and Ms.
Kaczala to hear their colleagues' arguments and see the actual hearing process play out. I
overi-a.le the objections, as I find that the individuals had sufficient information on the
hearing process.
C. RON ROTHENBUIHLER
At the hearing, the Transparency Committee sumnaarized its findings from the
preceding four public hearings that led to their recommendation that Mr. Rothenbuhler be
removed from the Board.
Mr. Rothenbuhler had. played a role, whether actively or with tacit approval through
otlier actions, in keeping items off of the Board's agenda. (Hearing Transcript, page 32).
Related to this misconduct involving public meetings, the Lucas Countv Board of Elections,
with Mr. Rothenbuhler as its Chairman, failed to follow the statutory mandate to establish a
schedule of regular meetings where any matter could be considered by the Board without notice. (Hearing Transcript, page 32). The Board, instead, treated every meeting as a special meeting, which limited the ability of at least one Board Member, Mr. Stainbrook, to place items on the agenda. When Mr. Stainbrook was finally able to place items that he believed were important to fulfill his responsibilities on the agenda, the Board adjourned before
10 completing its noticed purposes thus limiting Mr. Stainbrook from exercising what he believed were his duties as a Board Member. (Hearing Transcript, page 33).
Mr. Rothenbuhler, as the member of the Board with the most seniority, took no action to push the other members of the Board to fill important staff positions. (Hearing
Transcript, page 35). Further, Mr. Rothenbuhler did "absolutely nothing" in the face of potential physical violence between Board Members and between Board Members and agency personnel on more than one election night, (Hearing Transcript, pages 34 and 39-
40), and when presented with the Allison-Ruvolo report in February 2013, Mr. Rothenbuhler did not provide a second to Board Member Irish's motion to implement its recommendations. (Hearing Transcript, page 36).
Finally, the Transparency Committee presented what "... appear[ed] to be this tacit collusion between the two [political] parties, Mr. Stainbrook, Mr. Rothenbuhler each being the chair of the part[ies] ..." in the "nonreferral of campaign finance reports to the Elections
Commission for two-and-a-half years." (Hearing Transcript, page 38).
Mr. Rothenbuhler's response, generally, to the Transparency Committee's concerns was that he had done everything he could "to try to promote goodwill and not be a dictator."
(Hearing Transcript, page 43). Mr. Rothenbuhler added,"... maybe I failed, but it wasn't because I didn't try and it wasn't because I intentionally was playing partisan, in fact, I think to the opposite, I was less partisan than some people thought I should be." (Hearing
Transcript, page 44). Specific to the Transparency Committee's concerns that Mr.
Rothenbuhler had done little, if anything, to implement the Allison-Ruvolo recommendations, Mr. Rothenbuhler said: "But I did not want to fire somebody, I've told people that I believe that they could have another chance ... I'm also a person that wants to
I1 give somebody another chance to do what I thought was an important job. By not dissecting
it, I see in retrospect that may have been a problem." (Hearing Transcript, page 42).12
The Transparency Committee noted that "Mr. Rothenbuhler admirably displays coinpassion and loyalty to the employees at the Board and ... at all times his intentions were good." (Hearing Transcript, page 49). The Committee also made clear that Mr.
Rothenbuhler 's comment that, "... I wouldn't want my granddaughter working here because of the unpleasant situation ..." is a concerning indictment of both Mr. Rothenbuhler and the culture at the Lucas County Board of Elections, (Hearing Transcript, page 22).
D. JON STAINBROOK
At the hearing, the Transparency Conimittee provided a summary of its findings following four public meetings in a mixed format of statements from Mr. Stainbrook and a series of questions with answers from Mr. Stainbrook.
In his opening statement, Mr. Stainbrook said "[t]he Lucas County Board of
Elections has had problems for decades." (Hearing Transcript, page 60; see also Letter of
May 15, 2014 from Jon Stainbrook to Ohio Secretaiy of State Jon Husted, Hearing Exhibit
1, page 2). As follow-up to Mr. Stainbrook's opening remarks, Mr. Borgemenke asked Mr.
Stainbrook the following questions, which were answered by Mr. Stainbrook:
Q: And you tried to fix that since you've been on the Board? A: Yes, I truly believe in my heart that both Ron [Rothenbuhler] and I have both tried to fix that. Q: Sure. And you believe that we're in a place that it's fixed? A: No. You'll get no argument on that from me, Scott.
12 Mr. Rothenbuhler provided the following additional testimony in response to questions from the Hearing Officer about the Allison-Ruvolo report: ". ,, in regard to Mr. Irish making a motion, I was totally unaware that that motion was going to be made, caught me off guard, so therefore, my reaction wouldn't have been any different except for I was a bit shocked that that motion was going to be made, but my reaction would have been the same." (Hearing Transcript, pages 45-46).
12 (Hearing Transcript, page 67).
Specific to Mr. Stainbrook's time on the Board of Elections, the Transparency
Committee alleged a culture of partisanship, which resulted in the list of certified candidates
for the May 6, 2014 not being timely provided, with an imputed political advantage to Mr.
Stainbrook and his allies who were seeking to retain control of the Lucas County Republican
Party. (Hearing Transcript, pages 70-71). The Transparency Committee was aware of no
evidence that Mr. Stainbrook had worked to undo the campaign finance referral log-jam. On
the contrary, the Transparency Committee heard allegations that Mr. Stainbrook, as
Chaiaman of the Lucas County Republican Party, may have personally or politically
benefited from the Board's inaction on campaign finance referrals. (Hearing Transcript,
page 77). Additionally, Mr. Stainbrook did not provide a second to Mr. Irish's motion to
adopt the Allison-Ruvolo recommendations, rejecting the Secretary's effort's to help the
Board inlprove its operations. (Hearing Transcript, page 71). Finally, and certainly most
troubling if true, is the allegation that Mr. Stainbrook took deliberate steps via text message
to persuade Republican-patronage employees to slow down the logic and accuracy of the
voting machines assigned for use on Election Day and not to report any errors. (Hearing
Transcript, pages 72-74; see also Letter of April 21, 2014 from Eric LaPlante, Hearing
Exhibit 2).13
For his part, Mr. Stainbrook said that "the candidates list wasn't posted ... because it
wasn't correct, and the prosecutor ... told us not to post it..." (Hearing Transcript, page 118; see also pages 119-120). Mr. Stainbrook proffered that he had tried to get the campaign
finance referrals on the Board's agenda, that he had met with Mr. Rothenbuhler twice to "get
13 When given the opportunity to object to including the Letter of Apri121, 2014 from Eric LaPlante, as an exhibit to the record of this hearing, Mr. Stainbrook declined to do so. (Hearing Transcript, page 84).
13 this taken care of' with no success, (Hearing Transcript., page 86-87), and that "we tried to get this done but there was never a policy agreed on about how it was going to be referred, that was the sticky wicket, that's the problem." (Hearing Transcript, page 92). As for the
Allison-Ruvolo recommendations, Mr. Stainbrook "thought it was a great report" and
"worked hand in hand with Meghan Gallagher and other staff ... to make sure we could tay to implement that, and Ron and I both talked about it. But then it got stuck in internal politics in the office and Ron and I would look at drafts of stuff that needed to be done, some things that we did do." (Hearing Transcript, page 90). On the question of the text message, Mr. Stainbrook likened its use in the forum of the public hearings (including this hearing) as character assassination, (Hearing Transcript, page 110), and denied having sent any such text, (Hearing Transcript, pages 85-86, 89, 109-1 l l), calling the allegation a "bold- faced lie." (Hearing Transcript, page 87).14
Secretary Brunner explained Mr. Stainbrook's case in part, as follows:
Mr. Stainbrook did raise some genuine issues [about the problems at the board of elections] .... but doing it in such a way that it really exacerbated the already difficult situation that both he and that, as he put it, that he and Secretary Husted inherited. I would suggest that in Mr. Stainbrook's case, that inher-itanee was squandered because of the methodology that he used to try to make his view known about this.
(Hearing Transcript, pages 68-69).
14 As Mr. Allison noted, at no time did the Transparency Committee act as "criminal investigators." (Hearing Transcript, page 78). For that matter, neither is the Hearing Officer acting as a crilninal investigator. According to testimony at the hearing, the Lucas County Board of Elections has, or intezlds to, set into motion an investigation into this specific allegation. (Hearing Transcript, pages 218-224). An act of this nature, as alleged, may fall under R.C. 3599.24(A)(3), which prohibits any person from attempting to prevent an election official from performing the official's duties. Because of the potentially criminal nature of the allegation, and the administrative nature of this forum, the Hearing Officer will not consider this accusation of possible criminal conduct as relevant to the extent that it may relate to the "malfeasance, niisfeasance, or nonfeasance in office" or "for any willful violation of Title XXXV of the Revised Code" standards as justification for removal under R.C. 3501.16. The Hearing Officer does, however, consider the accusation relevant infonnation as to thc culture of the Lucas County Board of Elections, as described below under FINDINGS, which inay go to the "any other good and suffrcient cause" porti.on of the removal statute.
14 During the hearing, Mr. Stainbrook made this point clear: "...[I]f removing me
[from] the Board will make it better, I'm all for it, so there's really no argument." (Hearing
Transcript, page 87).
E. ANTHONY DeGIDIO 15
At the hearing, the Transparency Committee summarized its findings from the preceding four public hearings that led to their reconimendation that Mr. DeGidio be removed from the Board. Specifically, at its fourth and final hearing, the Transparency
Coininittee described at least eight pai-ticular failings that led to the Committee's recommendation that respondents be relieved of their public service with the Lucas County
Board of Elections, among which are the failure to file campaign finance reports for at least two years, and the failure to implement the Allison-Ruvolo recomnlendations. (See DVD of
May 9, 2014 Meeting, Hearing Exhibit 11).
During the course of his rebuttal, Mr. DeGidio's defense for himself, relative to the allegations of the Board's improper application of Ohio's public meeting laws or the failure to refer violations of campaign finance laws to the Ohio Elections Commission, was to deflect the blame to others. (See, e.g., Hearing Transcript, pages 204-205, 210-212 and 233).
However; Mr. DeGidio did represent that he woulci have voted to implement the
Allison-Ruvolo recommendations, but was not permitted to do so as a result of a conflict of interest: "I've checked with a couple of authorities and everybody seems to be in agreement that I would violate my ethical duties as an attorney if I did anything. And so when Irish's
I^ Mr. DeGidio is an attorney whose license to practice law in the State of Ohio is presently under suspension. (Hearing Transcript, page 135; see also Order of the Ohio Supreme Court, Case No. 2012-1697, Hearing Exhibit 6). Ohio Secretary of State Directive 2007-35 reads, in relevant part, "members ... of the boards of clections who are licensed professionals shall comply with the codes of professional conduct for their professions" (Sec. II, Paragraph D); "members ... of the boards of elections shall not participate in the consideration of any matter involving ... business associates" (Sec IV, Paragraph A); and "[v]iolations of this ethics policy by a member ... of the boards of elections may result in disciplinary action ... including removal of a board mernber" (Sec. VII, Paragraph J). (Hearing Exhibit 5).
15 motion was made ... I couldn't because I was under an ethical duty as an attorney not to
vote." (Hearing Transcript, page 131). This conflict of interest was due to his professional
relationship with the then-Director of the Lucas County Board of Elections, Meghan
Gallagher, as her former legal counsel and the subsequent complaints she had filed against
him first with the Toledo Bar Association and later with the Ohio Supreme Court. (Hearing
Transcript, pages 130-132). Earlier in his tenure, however, Mr. DeGidio had voted to elect
Ms. Gallagher as Director despite having the same conflict of interest resulting from their
attorney-client relationship. (Hearing Transcript, pages 132-133).
As to the May 6, 2014 primary election night, in the course of the hearing, Mr.
DeGidio admitted to being absent during the unofficial canvass. "I don't know, I might have
been in my car sleeping or I might have been down the street getting something to drink."
He added that the Board of Elections was "... on break and ... we're not required to sit there
the entire break, especially if it's two hours long." (Hearing Transcript, pages 217-218).16
F. GINA KACZALA
The portion of the hearing devoted to Ms. Kaczala took on a different tenor from the
previous three segments. In his introduction, Ms. Kaczala's attorney, Mr. Belazis,
represented that Ms. Kaczala began working for the Lucas County Board of Elections on
December 13, 2011, that she was elected Director a little over two years later, on March 4,
2014, (Hearing Transcript, page 241), and that during her service prior to being appointed
Director she had two basic responsibilities: secretary to the Board and assistant to the
Director. (Hearing Transcript, page 242). Mr. Belazis represented that since becoming
Director, Ms. Kaczala has worked to remedy a number of the items that the Transparency
16 R C. 3505.30 requires that Boards of Elections "... shalt remain in session froin the time of the opening of the polls, continuously, until the results of the election are received from every precinet in the county and such results are communicated to the secretary of state." (emphasis added).
16 Committee had noted during their four previous hearings as irregularities or points of
concern. She communicated to agency personnel upon being named Director that "from that point forward there would be an atniosphere of respect, courtesy and teamwork." (Hearing
Transcript, page 245). According to Mr. Belazis, Ms. Kaczala "immediately posted the names of the candidates," began referi-ing campaign finance violations to the Ohio Elections
Commission, and scheduled the GEMS manager for training. (Hearing Transcript, page
245). And, she "began to make arrangements for regular board meetings ... she immediately cut through that and somehow got this board, whose members you heard from today, to agree to do that. And they're now scheduled for the first Tuesday of every month and there's one scheduled for June." (Hearing Transcript, pages 248-249). These revelations came to the surprise of the Transparency Committee, with Ms. Kaczala not having brought them up during the previous four hearings. (Hearing Transcript, pages 248-249 and 253).
For its part, the Transparency Committee expressed some sympathy for Ms. Kaczala but noted that she "is part of the culture" and "does not ha[ve] the ability and the leadership
... to lead [the] Board of Elections." (Hearing Transcript, page 27). Specifically, the
Transparency Committee expressed concern about Ms. Kaczala's readiness to fulfill the role of Director of a large county board of elections. For example, on the same day she was named Director by the Lucas County Board of Elections, Ms. Kaczala fired Melissa Brogan for insubordination. (Hearing Transcript, pages 255-256). Ms. Brogan was a staff member for the Board, and had a personal relationship and a child with her supervisor, Matt Toepfer.
The Transparency Committee believed this immediate firing of Ms. Brogan may have unnecessarily exposed the Board to legal liability and should have been discussed more prior to action. (Hearing Transcript, pages 255-257).
17 Overall, the Transparency Coinmittee's views on Ms. Kaczala may best be summarized by Mr. Ruvolo's statement:
I think being the director of the Lucas County Board of Elections right now is not the job you should have. I think that for a variety reasons, the most importaiit being that you did come into a toxic environment, and whether it was your fault or not, you were unable to defuse that .... My second reason for recommending that you not be retained is I think the new Board, if there is one, ought to be able to pick the new director and deputy director. I think ... that the leadership that comes in has to have the ability to hire the best people they can find and to give those people the autonomy to do their job. Now, if you apply for one of those positions and they hire you, I wouldn't have a problem with that but ... if there is one, the new Board ought to have the ability to pick the staff leadership they need to move this Board forward. And that's why I move to support your dismissal at this time.
(Hearing Transcript, pages 274-275).
FINDINGS
A. GROUP FINDINGS & GENERAL OBSERVATIONS
The aforementioned actions and inactions described by the Transparency Conlrnittee, and as discussed by respondents on the record, are specific infractions that may justify removal of any or all of the respondents from their positions with the Lucas County Board of Elections. However, it is the tranche of individual vignettes that aggregate into a single narrative: the Lucas County Board of Elections is organizationally and operationally dysfunctional to its core, and helplessly so, given its current cast. The challenge for the
Hearing Officer in compiling the report, and this section in particular, has not been what to include from the thousand pages that constittite the record of these proceedings, but what not to include.
Clearly, there is an ingrained culture of passing the buck at the Lucas County Board of Elections in which everyone has skin in the game and an opinion to contribute but no one to take responsibility. According to Mr. Allison,
18 [I]t is not just a Republican problem with this Board of Elections, that everybody in many circumstances we found on the record that people wanted to point fingers when problems arose, that nobody understood, there was no policy, there wasn't a clear line of authority and both sides pointed the fingers at each other and the conclusion was, you know, nobody is in charge so nobody can be held responsible for what happened or didn't happen, and that is a key component of the cultural deficiency that we've discovered.
(Hearing Transcript, pages 79-80).
Depending on the particular issue, whether it be failing to properly administer campaign finance laws; violations of public meeting rules and procedures; incomplete logic and accuracy testing; unannounced and unapproved absenteeism; mission-critical personnel positions going unfilled, including precinct election officials on Election Day; missing machine cards; nepotism; physical, verbal, and emotional harassment; tape-recording conversations; uninvited late-night visits to employees homes; text messages; and generally being asleep at the wheel, the individual refi-ain was the same: it's not nayr fault.
Even when the Lucas County Board of Elections was able to make policies and procedures attempting to deal with some of these Board problems, they were often ignored.
As Mr. DeGidio described it: "I don't think we need any more policies because we can't enforce them anyway." (Hearing Transcript, page 197). The fact that policies and procedures were put into place by the Board and then forgotten about is a concern that evidences a severe leadership deficit that touches each of the members of the Board.
Prior to presenting my findings on the individual respondents, I find it necessary to address two matters discussed at the hearing. These two matters were not considered in making my final recommendations, but I believe I would be doing a disservice in not bringing further light to them. First, is the matter of the relationship between Mr. DeGidio and Mr. Stainbrook. According to Mr. DeGidio, the Lucas County Republican Party owed
19 him money from when he was the party's counsel. (Hearing Transcript, pages 142-147).
Botli before and after Mr. DeGidio was on the Lucas County Board of Elections with Mr.
Stainbrook, Mr. DeGidio alleged he and Mr. Stainbrook had discussed an agreement where the Lucas County Republican Party would recomxnend him to a judgeship, and in exchange, the legal bills owed by the party would "go away," (Hearing Transcript, 144-147), but, Mr.
DeGidio added, "... there wasn't any more talks about it after I indicated that I felt we had to fire Meghan Gallagher." (Hearing Transcript, page 147).17 While not a matter considered in my recommendation, I find it warranted to note this potential agreement between Mr.
DeGidio and Mr. Stainbrook because of its troubling nature.
Second, is the matter of the alleged text message from Mr. Stainbrook. As noted above, this hearing was not conducted as a criminal investigation. The allegation, albeit in writing, (Letter of April 21, 2014 from Eric LaPlante, Hearing Exhibit 2), was not made as a part of a notarized, sworn statement. Mr. Stainbrook vigorously denies its truthfulness and asserts that opening his personal Verizon cell phone account to unnamed reporters at the region's newspaper of record constitutes irrefutable evidence that no such text message was sent. (Hearing Transcript, page 85). While such a text may or may not have been sent, and that matter will be sorted out by the proper authorities in due course, there is an important question here-which may be applied to the matter above also: What is it about the culture of the Lucas County Board of Elections that enables these kinds of accusations to ring true for some? Such an accusation would be universally rejected as preposterous in any of the other 87 boards of elections. I give no weight to the merits of the accusation, or to its
17 As previously noted, this administrative hearing did not constitute a criminal investigation. However, the Hearing Officer finds it important to here note for the record that the Board Meinbers, as public officials, should they retain their positions, must be mindful to carefully adhere to the state's ethics laws and to steer far clear of any appearance of impropriety.
20 rebuttal. I do, however, give credence to the existence of an opprobrious culture in which such an accusation may fester rather than quickly dissipate.
I offer a final point on the environment of the Lucas County Board of Elections.
During the May 1S hearing, Mr. Ruvolo engaged Ms. Kaczala in a line of questioning that I find particularly relevant as it relates to the toxic environment at the Lucas County Board of
Elections. In response to a question, Ms. Kaczala revealed that "Mr. Stainbrook would ask me to keep an eye out in the office, watch people, report any information to hinl." (Hearing
Transcript, page 271). Mr. Ruvolo asked, and it was confirmed by Ms. Kaczala, that her relationship with Meghan Gallagher, Ms. Kaczala's former supervisor (and presumably with
Mr. Stainbrook), "went south" when "Betsy Schuster [of the Secretary of State's Uffice] came up" and asked her to speak with representatives of the Secretary of State's Office during a management review in 2012. (Hearing Transcript, pages 261-264). The cultural lesson seems clear: if one cooperates with the Secretary of State and participates in any meaningful effort to improve the workings of the Board of Elections then there will be consequences to suffer from those with a contrary agenda.
The organizational and operational morass, this toxic environment that is at the heart of the problems at the Lucas County Board of Elections, is the worst dynamic I have seen or heard of in my experience as an election administrator in Ohio. The voters and taxpayers of
Lucas County deserve better.
B. INDIVIDUAL FINDINGS: RON ROTHENBUHLER
I find as follows with respect to Mr. Rothenbuhler:
1. During his tenure as a member of the Board of Elections, the Board has failed
to refer campaign finance reports to the Ohio Elections Commission for two
21 and a half years, resulting in the Elections Colnmission having no
infonnation on reports from Lucas County to exarnine for purposes of
validation or investigation.
2. During his tenure as a member of the Board of Eleetions, the Board has
consistently failed to have regular meetings. As of May 15, 2014, the Board
had not had a regular meeting since October of 2013.
3. During his tenure as a member of the Board of Elections, the Board was
placed under administrative oversight and two bipartisan election
administration consultants-Jon Allison and Jim Ruvolo-were sent by
Secretary Husted into the Lucas County Board of Elections to examine the
Board and deliver a report to the Secretary on how the Board should move
forward. The resulting Allison-Ruvolo Report was issued in February 2013.
Board Meinber John Irish made a motion at a Lucas County Board of
Elections Meeting to accept the report and implement its recommendations,
which was not seconded by Mr. Rothenbuhler.
C. INDIVIDUAL FINDINGS: JON STAINBROOK
I find as follows with respect to Mr. Stainbrook:
1. During his tenure as a member of the Board of Elections, the Board has failed
to refer campaign finance reports to the Ohio Elections Commission for two
and a half years, resulting in the Elections Commission having no
information on reports from Lucas County to examine for purposes of
validation or investigation.
22 2. During his tenure as a member of the Board of Elections, the Board has
consistently failed to have regular meetings. As of May 15, 2014, the Board
had not had a regular meeting since October of 2013.
3. During his tenure as a member of the Board of Elections, the Board was
placed under administrative oversight and two bipartisan election
administration consultants-Jon Allison and Jim Ruvolo-were sent by
Secretary Husted into the Lucas County Board of Elections to examine the
Board and deliver a report to the Secretary on how the Board should move
forward. The resulting Allison-Ruvolo Report was issued in February 2013.
Board Member John Irish made a motion at a Lucas County Board of
Elections Meeting to accept the report and implement its recommendations,
which was not seconded by Mr. Stainbrook.
D. INDIVIDUAL FINDINGS: ANTHONY DeGIDIO
I find as follows with respect to Mr. DeGidio:
l. During his tenure as a member of the Board of Elections, the Board has failed
to refer campaign finance reports to the Ohio Elections Commission for two
and a half years, resulting in the Elections Commission having no
information on reports from Lucas County to examine for purposes of
validation or investigation.
2. During his tenure as a member of the Board of Elections, the Board has
consistently failed to have regular meetings. As of May 15, 2014, the Board
had not had a regular meeting since October of 2013.
23 3. During his tenure as a member of the Board of Elections, the Board was
placed under administrative oversight and two bipartisan election
administration consultants-Jon Allison and Jim Ruvolo-were sent by
Secretary Husted into the Lucas County Board of Elections to examine the
Board and deliver a report to the Secretary on how the Board should move
forward. The resulting Allison-Ruvolo Report was issued in February 2013.
Board Member John Ii-ish made a motion at a Lucas County Board of
Elections Meeting to accept the repoi-t and implement its recommendations,
which was not seconded by Mr. DeGidio.
4. While on the Lucas County Board of Elections, Mr. DeGidio represented
then current Director of the Board Meghan Gallagher. Mr. DeGidio voted to
hire Ms. Gallagher as Director of the Lucas County Board of Elections. Later,
Mr. DeGidio used the conflict with Ms. Gallagher to excuse him.self from
being involved in discussions in whether the Lucas County Board of
Elections should adopt the Allison-Ruvolo Report.
5. On May 6, 2014, when the unofficial canvass at the Lucas County Board of
Elections was taking place on primary election night, Mr. DeGidio was
absent for a portion of the canvass.
E. INDIVIDUAL FINDINGS: GINA KACZALA
I find as follows with respect to Ms. Kaczala:
1. Prior to being Director, Ms. Kaczala had two different positions with the
Lucas County Board of Elections - secretary to the Board and assistant to the
24 Director. Ms. Kaczala has been a full-time employee of the Board for
approximately two and a half years,
2. Since being appointed Director of the Lucas County Board of Elections, Ms.
Kaczala has done some important things to try and correct the problems at the
Board; including, beginning to send the campaign finance reports to the Ohio
Elections Commission.
3. On the same day Ms. Kaczala was appointed Director of the Lucas County
Board of Elections, Ms. Kaczala fired Melissa Brogan. Given Ms. Brogan's
personal relationship with her supervisor, this hasty termination may have
unnecessarily opened the Board up to legal action.
RECOMMENDATIONS
Ohio Revised Code § 3501.16 empowers the Secretary of State to "summarily remove or suspend any member of a board of elections, or the director, deputy director, or any other employee of the board, for neglect of duty, malfeasance, misfeasance, or nonfeasance in office, for any willful violation of Title XXXV of the Revised Code, or for any other good and sufficient cause." Based on the foregoing report,
1. 1 conclude that the failure to adopt and follow a policy for the holding of regular
public meetings of the Lucas County Board of Elections, consistent with Ohio's
public meeting laws, and the related misuse of special meetings, constitutes
misfeasance on the part of Mr. Rothenbuhler, Mr. Stainbrook, and Mr. DeGidio.
2. I conclude that the failure of the Lucas County Board of Elections to refer
candidate colnmittees to the Ohio Elections Commission for failure to file and
25 the late filing of campaign fin.ance reports constitutes nonfeasance on the part of
Mr. Rothenbuhler, Mr. Stainbrook, and Mr. DeGidio.
3. I conclude that the failure of the Lucas County Board of Elections to implement
the Allison-Ruvolo recommendations constitutes neglect of duty on the part of
Mr. Rothenbuhler, Mr. Stainbrook, and Mr. DeGidio.
4. I conclude that the failure to avoid conflicts of interest resulting from his
attorney-client relationships with Meghan Gallagher, in contravention of
Secretary of State Directive 2007-35, constitutes malfeasance on the part of Mr.
DeGidio.
5. I conclude that being absent during portions of the unofficial canvass constitutes
neglect of duty on the part of Mr. DeGidio.
6. I conclude that the abhorrently dysfunctional organizational and operational
culture of the Lucas County Board of Elections, as described in my FINDINGS
above, constitutes good and sufficient cause for the removal of Mr.
Rothenbuhler, Mr. Stainbrook, and Mr. DeGidio.
7. I conclude that the hasty termination of Ms. Brogan constitutes misfeasance on
the part of Ms. Kaczala.
8. Finally, assuming that Mr. Rothenbuhler, Mr. Stainbrook, and Mr. DeGidio will
be removed from their positions as Members of the Lucas County Board of
Elections as recommended above, I conclude that it will be necessary and proper
for the newly constituted board members, whomever they may be, to enjoy full
freedom in selecting their own Director and Deputy Director. As such, I conclude
this operational imperative constitutes good and sufficient cause for the removal
26 of Ms. Kaczala. If Mr. Rothenbuhler, Mr. Stainbrook, and Mr. DeGidio are not to
be removed, I see no good and sufficient cause for the removal of Ms. Kaczala
on this count alone.
As such, I recommend that the Secretaiy of State remove Nlr. Ron Rothenbuhler, Mr.
Jon Stainbrook, and Mr. Anthony DeGidio from their positions as Menlbers of the Lucas
County Board of Elections and remove Ms. Gina Kaczala as Director of the Lucas County
Board of Elections.
There remains one personnel item that that I would like to address, that being the tenure of John Irish, also a Member of the Lucas County Board of Elections. The
Transparency Committee did not recominend that the Secretaiy remove him as a Member of the Board of Elections. Based on the record, I believe this is at least partly due to the fact that Mr. Ii-ish was the lone vote to implement the Allison-Ruvolo recommendations. I am in agreenaent with the Transparency Committee's recommendation on this account. However,
Mr. Irish, despite being the most junior member of the Board, has nonetheless been a member dui-ing its most recent tumult, and the allegations of his actions on the night of May
6, 2014 do not comport with behavior becorning of a public official. If Mr. Irish continues as a Member of the Lucas County Board of Elections, he should be given little latitude in the event he proves to be a stumbling block, though I have no evidence at this tin7e that he will be an impediment to reform.
Respectfully Submitted,
^ ..
Matthew M. Damschroder Hearing Officer
27 ^.,
JLI€-le 18, 2014
Secreltary of State's Office - ^le: tiors Divitiion Attr : Myra Hawkins P.O. Box 2828 Caiamt7us, OH 43216
Dear Wis. Myr@ 1-fawrins:
The Lucas County Republican Party Execa€tive- Committee acted at a meeting held on .bu€le 18, 2014 to recommend the appointment of Kelly Ser?srnar, and Benjamin Roberts for the Board member vacancies at the Lucas County Board of Esections. Ms. Se€?smara and kir. Rotseits were recommended by a majority vote of the Lucas County Repubi;car€ Party Executive Camrr'ittee and are electors qljali€ied and competent to perform rhe duties required of rneinbers, of the Board of Elections.
Herewith, the ^.^.€cas Co€.€saty Republican Party Execudive Committee submits the recommendation of Keiiy Bensr€°€ar€ for appointment of member of the Lucas ^ounty Board of Elections for the term end"€€lcj February 29, 2016., and ,,,ve submit the r^er,,ornmendat£on of Benjamin Roberts for appointment of m;ernber of the Lucas Co^€€^t Bo d ei Elections for the term endirsc, February 28, 2017. r^ Sincerely, f % I ^
Jar, Stkiyn ook, Chairman Lucas v6unt^ Republican Pa€ty Exec;utive Comrr•,ittep- 323 N. Huron St. Toledo, Ohio 43604
Enclosures ct: Secretary of State ion Husted
EXIiI^IT'
32:; N. Huron St TQIC-.dCi; t.:iliC43u04 [ !b. =%.4.9i%.i35(.':ta i ad3''1iYiC£C.fCa5GC3Ui2tygOp.ofg I N%,,+L'Nl.it?caSCCL^nY.ygti}^'•L'3'i Forrn No. 301 (08-09) Recommendation -f^r Unexpired. Term Appointment as a Member of Board of Elections
Coulity,
The Chairperson and Secretary of the El [3ern. Rep. Party Executive Committee of
^ L u ^„^, ^., :^ County, Ohio, certify that at a meeting of the Executive Committee,
held on the ^^_ day of it was resolved by a majority vote of the members that [:J Mr. Pol6ticaE Party Affi9ta.ticaaa El Mrs. E] Dem. 0 Rep. Birthdate -W- 7
1 -7 7-7 Stret anci Numher or Rurat Rouie :s^ nr viilu ,e
Residence Telephone: __ ^
rJffice Telephone:
who is an elector qualified and c,ampetent to perform the duties of such office, be and is hereby recommended
ror appointment as a member of the Eioard of cfectsons for the unexpiredterrr ending ^^X19 Or'^
Appointed to succeed Ar14hor) v (please cireck oeaebefow)
^ Retired E] Resigned ^ €^ecea^ed , -- ..
^ 4' r te^^re er c nairp^y4 z ^- 7he address of Yhe Chairpersorr and Secretary rrausfi be presvir3ed f ^ •^'.::^' ^ F^ot ^'€t^:ii `wi^`^' ^^'t^f^% ,^
Send to: Secretary of State's Orfice -Elections Jrv. Attn: Myra Hawkins 3 P.O. Box 2828 ^4 _F^^^.. ' _.,`
Columbus, OH 43216 ^, rs , C c r Secretary A i
I fP_,^jf ^^^C ^ y r V a,.. i^,lFf 1!" 04, ^' . _ '-t,?_ t^ Adcress . ^- ^ f1 Forir No. 302-A F'rescribed by Secretary Gf State (9-9 i)
Background Check DiscI^surefi Authorization and Release for Prospective Appointment as a Member, Director or Deputy Director of a Board of Elections
Section 9; Disciosua^e
This form, which you should read carefully, iras t}een provided to you becacise the Ohio Secretary of State's office may request investigative reports on you `rori various public and private reporting agencies. The Ohio Secretary of State's office will k.rse any such re,port(s) soleiy for appointment and erttptoyment related purposes.
Investigative reports may be abtained srnm a background check vencior, andlor public agencies and provided to the Ohio Secretary of State's office. The types of information that may be obtairiecf include ?>ut are rtiot limited to: Social Security Numbervefification,crirrrrnai recordscheck:s, pLtbliccoLsrt records checks, dt;vir^q record checks, state'tax irii'crrriatiun; et;.>.
Any such reports are public records under Ohio's pub:ic records iaw,rs unless specifically exempt from disclosure.
Section I't; Authorization and Rete:ase
I have careflAl3y read and understand thi^, Authorization and Release frrrrr. By my signature below, I consent to the release of investiyative reports to t'rre C7hio Secretary of State in crinjunction with rny appficatiort for prost;ectiva appointrrrvnt as a Menlber, Dii•ector or Deputy Director of a county board of elections. I also aathorize r!isclosure to the C3'r.ro Secretary of State andlc,r the backgrourir,t ch+:ck vendor of information concerning ET1y motor vehicle history "c?f'MG standing, criminal history, state tax information and all other ir3forniat4an the Ohio Secretary of State deems pertirierrt by a;iy individual, corporation or other private or public entity, includiiig wsthout limitation to the €raltos,ving: law enforc,ement agencies; federal, state and local caurts; n,Qtorvehic{e records agencies: state tax ayencies; and other applicable sources. I hereby release at}d hold the vendor and the C7htio Secretary of State and his employees and appointees har mless from ary and nl{ liability with respect to the investigations, ver[ficaticsns. andlor the tise of any infennatson relevant to my ,appoiritnieret [sr eniplc,yment:
I understand that if I am appointed or hired, my consent will apply throughout the term of my appointment or employment ro the extentperrnittecf by law.
This Disclosure, Authorization and Release form, in original, faxed, photocopied, or electronic farm, will be valid for any reports that may be requested by the Ohio Secretary of State.
I unde,rstandthat providing atiyfalseinformation oroniitting any material information on my resume andlor Questionnairefor Prospective Appointment as a Member, Director or Deputy Director of a County Board ot Elections may be sufficient grounds for rejection of the application or termination of the apporntnientor eniployment whenever discovered.
Printed Name:
Signature:
Date Signed: %X _ Foitn No. 302-B Prescribed by Secretary r,f State (1-14) Quest^onn^aire for Prospective Appointment as a Member of the ;w.W..t; County Board of Elections
Please returG YQU$RE6Ub1Ewith your' compfetedrorm: FLIf NarttB (piias3prini) Date ------z^ . --x---^._.r , Present Home Address _ r g^y r`s ;%" ?I, ''> Grty ^ r, t, st ,_
^^ ^^^ ...r,_^ ^kf ^^ .`.^__. .Ya _._-_ •^^^^. Zip Code mHome telephone number rw-mai{ address
Date of Birth _^__ Aliases or Niaideri Narre
Fariver's L.icense Ntimber , z^^-----_--
PrP.vlOus addresses It1 past teri "j/f?ar5 (ilicru$e yaars orresidence, city3 stWte)
Business Address City
Zip Code Business teiep{-arie nurrber When answering the following questiprts, pEease attach additional sheets as necessary.
I Are you currently E7nlcEii7 o ary elected office? If yes, p!ease identiflj. Yes Nn`
2. Are you currently holding any appointed office for which you mustsubsequentlybe elected'? If yes, piease identify Yes Ncf lt=oll
3. Have you ever been convicted of a rnisdemearsor (i,ttrwr than minor traffic-related offenses) or afelony?
If yes, provide details of the conviction (what, when anck where ar d Yes No final disposition)
4. Are there any circumstances, which mightpresent aconfliet of interest with theadministrative rFuttes af a member of the board nf erectians? {see enciDsed ethics policy, Directive #2007-35, If yes, please identify. Yes
5. Please describe any em.ployrnE•int or interests in contracts yot) nave hai1 with the board of efections 4Jithin the iast 24 mortti7s.
^r j , '3...,^..^f.^_i__.^ ^^--° --°_" ^ ___^_ .
6. Have you ever been required, as a candidate or campaign tr°asur-er, to file a campaign finance report with any board of elections or the Secretary of State'% ...;=
Please Ir.stait carr^na+q^^ poiitical :;arties, political action committees; etz,. for vtttirch a c;nnparr3n i^^ar,ce cportwas fitedby you asacandidate oras treasurer No
7. Has a campaign e iwhich you wereinvcived as a candid2te or treasurer ever been the sub;ect of a referral or complaint to the Ohio Elections Gorrrmissian? "yes. please explain Yes p}c _,-
-
^ ^j_ . __ ^__. __ __^ __ . ..._-___. ^^YB: _ s r c^ ' •
Send to: Seci-etary of State's Offjce. P.ttention Myra Hawkins, P.O. Box 2828, Colurnbus, Ot-t a3216 KF.i.L*: BEf^SMA>•'`^ 1777 Fullrr•::=tan Rci., Toledo, O#7io 43614
20 1 ()) Kelly 8ensman has prncticed environmentcri consulting for moretEtan 14 years, Mnster of 5cience. develoaing expertise in site charctcterizntion, environmental n-ton€toring, remedial design Univers2#p of " _d , _ u >-work anci renteclicfi actiacs, ur-..neficictl use applications, ond solid and hazardous waste ccsrrmpleted programs. Ke!!y was sr-.:iect^eei for ct Governor-appointed position to the Ohio Water °' g47C}kF^l^ , o' rJci2nth,. '..aev71Ooy, :^, Toiedo, i998 Advisory Councif, which advises the Ohio Department of Natural kesources Chief of the Division of Soil and Watet' Resources on various water management cnd conservation PUBi1^ JF-,,.i€N`f'•MENYr policies and legislation, An expert on sediment mctnngemwrit issues, Kelly has woi-kird on a Ohio Wcrfier i`+dvisorv Counc"ri, Great Lakes Legacy Act and Great lakes Restoration initi
Pe
i;iJentory Proiecr-leve{ Qual ty qncw^entssticri as a liydrogeofogist 2000- 3010 QutTiiy Metfic; U.S. EPA Hull & Assacirxtes, tnc., Taiede,, Ohio CsLS €?O zncS cE'vVssi^t t2i71 i * Managed environmental projects to comply with approiariat2 federal, state, and iocat :.egulczticns. and Offrce (20 i u * Negotiated and intplemented permits for publiely-fvtideci projects and carried Qugl 5'rowum o-rockirlg, ;avesie;r, m,d Repow,irrgl; U.S. out subsequent work act'svitie; in steict ai3herence to applicable laws, permit F=A CrrJa , nnd fJfficenf conditions, €tnd i-egufatory guidance. 0} * Prepared hundreds of technical reports for private ineiustries, rrsunicipaiities, and >= e3d ^jfs^l Laboratory kucfiting, regulatory agencies that documented rnonitoring activities and data evaluations U.S. cr'A GLNPO anci Off ce of Wcter i2010'l comp':eted for various medta including sedirnent; soil, sur.face water, leachate, .r,.ont43rT)fltCtiv°C{.SeC^iRYPrif: waste, industriaCrnctitericrEs, and grounc}wciter. ;opis cind Approc:c€ I^, Im 0) Suci_easfuliy completed negotiatians with t•eyuiatory agencies on behalf of Sitri Pensaciiertion N public- anc( private-sector clients to resolve outstanding compliance tnstitute o€ Etivirornnei c,l Nz q€tts issues. Sciences, Superfunci Researc6 4 Completed d:;<<< ciucifiity and usability assessments and managed an Przuxra ( enviranmenta! c:-stc:base conto+'nii}g ntii6ions of cioTa records. Areas Solid Waste ,hrternager"erMt and Solutions • Environmental monitoring programs for ongoing operations and post-closur-e monitoring plans for groundwater, surface water, explosive gas, surfrce water, and ieachate collection systems at operating and closed tandf?i1r>, • Financial analyses incorporating rislc assesssnent anc€ liability rnctnageenent issues, •Regulatory compiiance for state anct fedarol procdre€snsanr.i partic'rpcttes in strcrtegicplaritking, multi-party negotiations, iitrgatton support, policy nntr?ys"r<_., teci-rnical studies, ond rule-making processes. a Project fand lifiigation support reiat'sng tc technical aspects of draft findings and or-ders, settlement negotiations, risk evaluaYions, environmental impact cissnssments; cost-benefit analyses, variance requests, and aiterrxate regulotory coniptiance criteria c4em< trrtiu7s. el Assessment and corrective rneasures programs fc;: k^.e remediatian of impar_ied groundwater at closed municipai solid waste and re•siducsi waste landfiils. Eravironmer^#eel Phosri#or6rag arrd Deata Assesssnecsf * Hydrogec+logicihydrologic investigations, environmeritpl monitoring progrczms, ancl remediation projects. ^O4ality Managemerrt ProgrrimsinclctdingdaYo cfunlityvrid usability assessments. *Statisticnlanalysis of grpatndwater nTeriitoring draia aY €2esoGtrce Coiuervation artd Recovery Act faeilities. $ Sermla{ing and Analysis Picirrs; Statisticat Analysis Pic;ns, and Ouality Assurance Project Plans for environnrentaf monitorir,g progrnrns tit solid waste 4undfiils, Superfund projects, and redevelopment sites. * Software ann technology evaluations r'qc environmental data analysis, presenficstisans, and storage. * Groundwctter fate ancl transport evaluccitions. Sediment, Surface Wcrfer, and tttf'ctt.er Investigations and Management • Clean Water Act Sectiondq4. permEtting, dredging projects, and surface water quality investigations. • CtaniraFninated sediment remedial investigation rsticl feasibility st«riies: • t3eveloprnent ancl impternentatiort of Quality Assvrance Project Plans for Great Lakes Restoration Initiative, Great Lakes Legacy Act, and Suiserftrnd ;sroiects. • Participates in the Toledo Hatbor Task Farce and the C(eveicn•id Harbor Ctreclg'iity Task Force. Community ReBations and Public Outreach Comtnutiity outreach and public relations services to build rapport and garner public support for complex environmentat projects. Participation in project-specific comrnunit,ymeetings, fsublicforurns, and public hearings involving a wide scope of environmental issues, rekating to sedirirtem, Ncsfer resources, and solid waste mcinagement, on behalf of public- and private-sector clients, Preparation of presentations, technical builetir-,s, and reports to communicate complex project-specific updates and technical information fordissemino^rion to the pubdic, Selected Project Exgserierrce • Serteficial Use Cvaluotionof Dredge tvloierial ano' Steel Slag to Create an lntfustrial Park in Cleveland, Ohio • S«stoinable Sediment tvlanagement Flqnrting for the Toledo Harbor and for the Cleveland Harbor • Clean Water Act Section 404 Permitting fos• the Maurtiee River, Ofis`a • Statistical Reports of Groundwater C'.^ctaiity for Landfills in Ohio, Ke;itueky, Michigan, aizd North Carolina • tieneficiu! Ertse i?ernanstration for Auto Shredc.ter Residuals for a Recycling Facility in Ohio * 5edintent Char-acterizc`rtion and tc?entificcitic,n of Remediation AEtertiatives for the Ottavaa River, Ohio Form No. 350. Presct-ibed liy tilu Secretary oCS(atc E 12-07j ------ ETHIC,S POL1CY ACK^OW1.:EDGMENTFORM 't"o be cottt.pIeteci'ry tiieznber4 aEtct ertnia(<:)yees of ilie OEti<> hoarcls s,c efee.tiotl and employees of the aecrctary o-E'state. For board of e'sections members atzd ernplc>yees, a copy of this completed fortn is to be tilecf wrti•itllc Secretary crf 5tate's t,'leetion":, t)i1=isioii. FcFr Sccxetary of' Stiste c rrtfrlc^yees; retui n tlie ce2mpletet3 iurFrl to your sut:re.rvisi()r. Dirf;c:ti ve ? ()E)7- i 5 hc;reby acknowledge that 1 have reviewed the (Ptii^ti^'it^re oi baaf tt ti;ernLmorb^ d'osempl^y^el Secretai-y of State's Fthics Policy anci Ohio etliics laws, that i will e.oniply w-ith the satne, and that failitre to cocnply witlx the ethics policy or Ohio etllic;s laws tnay result in ciisciplulary action, whic:h may include disniissal for employees of secreta.y ot'state or rernovat for members and eaziplcsyee:; of the boards of elet;tiotrs. {5ig}tahuc, atiboard uicurberork,o. -os mploysee} (baT sigi}e } Form No. 301 ( 08-09) Ptecom:^^endation for Un i ^ed Ter m Ap m ° ^^ t as a Member of Board of Elections Lucas Courrty The Chairperson andof Secretary the ^ Dere^. °-!~Rep=---^ Party Executive Committee of Lucas County, Ohio, certify that at a meeting of the Executive Committee, held on the i fith_ day of June 2014 , it was resolved by a majority vote of the members that ED w Poimtica8 Party Affiliation [ -,Mrs. E] Dem. L_]ms. Beni arnin Roberts , ,^M Rep. Birthdate IW8 512 Vif Brnadw-v__ Street and Nun7ber or Rural Route t^atlra^e ^ - 43537 City or Uiltzge Z:n Code Residence Telephone: Office Telephone: who is an elector qualified and competent to perform the duties of such office, be and is hereby recommended for appointment as a member of the Boai-d of Elections for the unexpired term etiding 2/28/17 Appointed to succeed Jon Stainbrook (please check one fsefrsw) Q Retired_` ^ Resigned ,' Deceased__ -`(&atz) ^ X Removed 6/5/2014 The address of the Chairperson and Secretary must be provided. NxuirfieEd Toledo. ^.:^^^-i 43614 Send to: Secretary of State's Office - Elections Div. Attn: Myra Hawkins P.O. Box 2828 Columbus, OH 43216 ; iyri^4;ure of secretary _301 Broadway St. Toledo, OH 43604 Acliiress- crm Nv. :302-A PreLcribed by 'Sacretary o; State (9 : 11) Ba:bikc%^^^)vG.G$# Cb"cf.:.. ^,,.^ r:°-.Itassureg .^^^^^orizatE,j-, and "-' ;4ease foi P^ ^^^^cfive Appointment as a MembetQ ^ D<:;;,urtyt' Director of a Board of Elections S+ection I : Wt ,a-..,.,.^ T,x"iisTorm, tt1fhiUh y{3..! ::; .^d ?'£' , t< i . .5tiqative repor"smay be obtaFn^dfrorn a background checdk venc3or ar:di :ap-nfiies aEld r.+ravicied to t:-- "3tsio Secrekar:y o C3ffice. 'i"Eie t} ep-corc^s under Oh €ie r: cz, .i. •..,,. jnFess speciftca!i_YF ^xt-,'r;Ept from ^ ^^; _. ^ ..r•^, 1- :. ic narGd Rf A ..°rase i::isi'efi3i§d understand Vi.i Da5clt?Sf.ii`c, Authorization and Release 1"!:?r?'s1, By my signature bela;v ?,.• ^^nt W the release of ,nvest use off to rysy fij•c eF-ti"1pic,}ytl3:i t`.. a^n dersta:•;d thai if iam appait-ited or h:red, my corosent will apply throughout the term of my appointment or employment to ti°r^ extent permitted by law. This Discicsure, Authorization 8tYd Release form, in original, faxed, photocopied, or electronic form, will toa sraiir fos aiiy repc,i'ts ffiat niay be requested by the Ohio Secretary of State. ;understard that prc-;,:^ ^^^•:y f-alse irtforrnation or omitting any material irtforniatiars on my resume andio.r Questionrais,& ;c i'rosEaective App::aintsnerat as a Merr^bewr; Directar Or Deputy Director of a County Board of clecticrs may 5r- sufficient grounds for rejectian of the apfaEicatior? or termination of the appointment or errip,oymert whenever discovered. ^^fn;^^ P. F^obert" Signature: Datee Signed: 0611912014 Fotir. Nio 382-6 ['rescrifvad by Sot:re4aty nf ;SOV,, E1-94) ^^^^^^^^^^^ ^^ ^^^^^^^^^^ asa ^^^^ ^ ^^e ucaS ^ ^ ^^y Board d El. i . s PleasC r.t(ira YO€if[ RcStJrdrE urilFyour cottlpicz2c4 form. `ait?iit ^3ct^iei^s f`Uii f^3rrie .oteas^, ,^eni) ^r^ Present 8iome _ Address ^U. Broadway Maun3¢e 43537 z.ip do_de _.T -Pome telephone number E-mai4 address Date of Birt^, _.., Aiiases or 5^aiderr Name Driver's L:icense Number^= Previous addresses in past ter"i ?y2ars (iactuc£o years at reside-nce, ci;y & st3t0} 3098 Rosefiefd Dr Aiin Atbor, ::V1i 48' 08_' $LtSlrteSS Aflri Arbor A,G`drB"SS 4750 8 StatB.__._.__#3 .._...,---.-d...-.w_____W_..._____.....^...... ^..^...^. 11 CIty .... ,_ _...^.^.. .^.^.^_ 48108 Nai^^ge^^r: C rn dfting Zip Coc3a :)mipatior L'>Uwiness ta ^ephone nkisrtber Ykt6ten an3w0ifng the fflsEtlwtiESg qtsWEorfw; (5iercie a4?ar.h addrtiot€aesheu•vASs t1ec.2a^uru.. I Are you currently holding any efecied offi;,2? if yes, please identify. No LCPf' C;etitrai IGomMMP:. klaurr;2O 1, t ,i^^^vv Corf mitEee cuMeearci Chairman- 2. Are you currently holding any appoan'rr., ^^ 3vet; i r; you sriustscilasequen;Eybe °iecteri'' i yes, { I_ase c3Wntify. Yes tr 3. elave you ever been convictei of amisci2±rtearEor (o€h<:r thart minor 4raffic-re6aied offer:ses) or a te[ony? ^ tf yes, provide details of the conviction ;tvhat; Wvhei, and va^nere aYifa Yes Nc?Y fina€ disposition) 4. Are there arfy circuMtances, WhiCYi srtight Wesent a rxrrrfli,rt r}f interest with the admIiilsti ati'de duties of 5. Please describe any prrspfoymert or interests irs r_ontracts y4u have eracf aaith the board of elections within ti;e iasf 24 :monihs. None h, r;c^iVcr7yCsu ever been reqtiirEC3, a.^, a canC1i(Saleor cat?liJ3i(.^nirP.aslirer; to ,.,, . file a carnpaigr. Snance report with any Graard;}r electioi5s or ¢`rce Secretary of State? Yes No > Please list all :;a!nuaicsris; political parties , Potit !. E-Ias a cainpaigi in which yo+:r were trtVct^lerf as F; carErficfate or treasurer evpr been the sutij5irt o; a referrak or complaint to ffiu 3..eC Nri"^ 3 Ohio Eiectiory'; Ccrr ^issioE^ If yes; rsiease ex.p€ain: / f ^ 9l`E 4 Signature: .... 'eke: b; 1 Ses;d to: Secretary of State's Office, Attention: [>ltyra i-tawkirzs, P. 0. Box 2828; Columbus, OH 43216 Beii P. Roberts, M^^, P`;iP 51:? W , B rnac.lvvay JN-{a#.tn`#ee, 00, 43 _5 -17 bp rc^^^erts (^, rw-^ s: :Cor,: ds^r-.sNiO1?-LENf EI, OPERA ..r . :, MAT'•i.t.' s ..°.JEt^t`T EXEC:UTIV U Operatioris / lnfotmati; feefiiiolc3gv, Sa4es& nviarkefigAg iiS3grt.'C with 1".+'I' years ^X^1Lrls„IL;f''. S.F# Salf:$, TYfaSkeElElt',, ^:'.1 tGE:i7rEr^ {'t#^ :;C:(^ :sltfi"l"Y liiF.;•.<'-?i.Ck'lti i n h:ad3#1g,C.fUiJ.:^rFF1C' !ch13ti. MRA A14 ^.' Giri,'t_Il Bel t. R£..4t3lI3-dE'it'CdS tYl'cjlF'cf-et§I#)Tlt Car(:i°,r Cr^k,i #li T7: ti'aCiC?#) ^ in Ct§IxEp1eN S13Et-tIp, F_t!f[RtiCt}U#'id and tle'4k' r4SCfl#CE. / 1'EC7T^ O9.%.g^ U/ 199b - Present _- i.-^ ^ , i t l.. , . . _ .... _ <.. . ^ . , . , 8/2010 - 9/1013 jaclE Bt;YV'9ltdEi;IL' CC3Y1'4F]31Fi3ifi[:6 Ek# C1lt;trf3, Sy`VaTlla,PeT1'f9131[3'tr, Sotlttlea8t #:: c: ..•, « rst:.,ds a.tiri philosophies arc i`olloweti using a hands-on aispre,acti that parallels the Advallcerneaat F1.^; <, tWme prono dappsoaclr t«Develop#nent; RnnuaiFurs t;.a3"t3 I;3Pt;Ybe#'3:Fij> . to drive lf1tlU.'^ term SS.r1Yt;.fu.Tj: i'4`?^^ , trQ3C3^•.?,. „s _ . _tFi Program ^:o 79Cr:'1{itlt2f3S1 Pt'(3gr3E€9 ('W6,jM11^^'.) ^ l l'st dStd cfNlCepY i'e-di%"t'C4i)p133ei1t ur's o,_r:^,f ^'^^^^^^ns', "fi 3-+0^ 7f2Ol: - 12/2011 f- ,_, {j ^.i:.f.s^ls ';:t^i:'E!%! Ssn and C? O^'##i? 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'^ ^ po ll;r: .l k.i .n u;7d DP i:. .g „ M .oci {(735kt.tbFtfl. h"s°%CLE7ai4, w°vAY$29d gear. F.. tiL , e _ o :, .,Fti n _ A^ . .._ +. i n p. 5 . % sk ,^ Clo,< at ,z -.R .:^r ',.., xr i f:4i' , it:c:. i ,.. .: mi..;i.i: w „d wli7 h...,....itl, i{' i;fYitCt;£:''.= gC*lS$nd Y7h1e:?TVeS.Af9T1lyP.^.'d ttt^;s ^E t^i6U€f rit, 3^', ntFri-^;CrY^E ^ kl3d 6_tUFf, .. ;'i¢3LTf{ O[c' S100M kl3tâ E'f$i^"t1tiiE:B n t.43 sSlsil li d#i'E:.fil:a?i'C Page 2 thy (A',F9gi3Si.r 21iit7 I2Y[(YlI:TII<:fitCV7ig a ia n •a; i'.7t,lUcation, â yfi.w.4_5.. C)N F^eaVf:!'i..^i, ^S sV{Es^S,(r S5Fq5^ ,"^.l.G^f'1 4)""'8l20^^4 TS`Xa 3 , _ .? l^i •.. . 1;..1^.'' f , , ,L_... _ _ , _.E ^ % tT,t.' 1'i:fJi•. . oi{.3lisctL:d... Stitt`!_ 5pOwCCl 1 iE r;,iott8, Ailaly:ceti 'gil'dls 813CF a. _.. . .._1_ 1 :fJ ,. . r. ..., t. ... . i_,.. ...i.ti^:, v., . 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CIA L I^^SOa_ Ann Arbory .N111 911998 - 712000 }34 c ^i:'ItE: ,, _ r i.'3E(F£Ct€4 3 %.i^ ll _ ,,{, t 1.r W £epL3Y[5Utt4C3"ipf.i471t$ti} lat,;?'; j fs;redo'r' ! ... rt'T ^:a^pe"'^^^^oTit;er (199.' ^%gasay W1 __ ,:yn, , c W _ W; ^ .,i%. dt(113CSFS?^^E'f iL4 Cofi&L''thet' JS;Tlde:S aS]l, itffteY'wPl9CC9 bw. 1c^ng 90718US[7£9' credit ictiEtstidi economic c4ifsdtkite}IS PCi lk'Flde3s w ; .1Ki, 1riCf iI1V8mOl'S. - , _:[S^l •1Si(;^^ it)Y ^ ^ 11 , .,, ,'.i_^C>_: ^.. „•il^:. ll^^*4,E^^"^I^l;L ^ ^. _'"c''i; ELLU 1991 v.. W1997 iw (l: It[:i;titi3Jrk pT'tPdsaf....t-. It;;:f tE,r^::.fraf^^ Page 3 ^isrsa -,C ^ ('ov;;;)F°ate Ac:'ys=mlt Exwuz^ Exc^^^ive f Key Account Executive A, .- .-i s° ^:-^rr^^ sti€Wiefs[iooy arid associaeel t.:cchno4csniesfron7 aiirlslxed through Fortune 500 internal pro[i:)tJtil',C2s 4t'Ith 4nc,r6„lsntg; rC:s4)CSt1Slbt - k-,i+:-: . :_tJ :li'_ t d!il •3 :".i: ^ '' iM 3'tn'c',Fllte titf'e^.[21.. 1(".4 ai 1 4}gy, tfpCratt€3ns; fo .,ti^.':; i iSd t€es. L'>t^oll5 ^^4i7YlfC^S{,sF.,^e rCr ty^7^fii_^]S^aCI1Ci Ve£E3'. OF MtC1-11GAN. F3nPS Ai-lior, Mi W ;Y^'i)I_i,t-^s C)€.€:',D0,1'oIeEEo;(31-1 :, .. S' , k 1991 ';^isv31 t.iS^dlVka^.Si1Y,c3x1+£trci.C.3H Credentials ; ,z ^±C_`E , t,(; ^f #11^ r c ^: ! : ^fv^ ^vll::l t'^ , IETorevictr, NorEcplk LiK ^r7^a^^^zats v. T^^^ :: iif@?F (l'N41),Newtown Scftxare. PA ^7f^^i"tl Xu <::;'r:>18scF ^P€i^Q,3'.S'•k3t^? f AWi, 2009 1 ^s c P12'1 ( 1: ( : f : . : . A £aa•em Bcld, : nves {`; firti aY, ,;., Proa°esv (4HP) 2010 'E'v^^ ^^^Ice i,tstructcar. '.',lestern Lake Erie tr'hapter,'I'ca€edo, OH Spriny 2011 1'rot°ct `;la^ : t i3r^a9 (PMP) Prepstn4ly course. PNl'IWL,ECjoeilo, 0Fi lns[ructE,r, Waslt+enaE•v C.<3Ilqxe Fall 2000 (;(ir53pu1. 4}-st:nrtns CIS 100 fntrcduc:icm (.,Suftwhre Applications - 3 crec3it hour undergraduate Volunteer / Boards -V Fce President of Prt3l:essir>tiai i sf ;: E f-3oa:'d tti:ti r?^br,_r, West Side Mcsnic scrr'i, `I'csleclo, OH 201 0- 2il 1 t ^^tari^^;tirz^A t.c^rnmittet ^ s.ur,,ts,er, New }'zttcrpr si; Forc!far, A ru; A rbor, Ml ^ rSt^rratd^ r, k`e ;G ^lcntc>>,;:hif>, l?tziversaty oi` Michiganliosp;taal. Ann Arbor, i'Vta Advi;;,xs^,.Was+ti M;mlim', €_l^tiv^}'rsist; of Mfthi'gan Corttprt:ttt;nsive Cattct;r Care Centet.Atlt7 Arbor, Tvll 3<,,~, ^t. :lolzr , ^^>sttit r;it^.n7ai E^o;^rii, "€-ole.io, ^11-1 1)92 - 1994 Page 4 K3e) P. Roberts liitey ests F113Yf PTesePt';ItiE7Ti1sL - Pioneered techniques for archiving filrn on a discrew frame basis Page 5 Fcti-m Nts. 350. Ficscunfaud ^y the ;eacta€`y ()#"StWe 01-i}h7) U, T^IC^ POLICY ACKN0WLEDGf ^E,`--,7 FOR N1 'To be completed by members arid employees of t:l}e Oi€io of the secrt::taryof state. For lvarci of dectaol emplc>y€;e:s, ; ofi, y <;c;ixtpletec.i forn7 is to be filect witli the Secrc;la; y a^' ^^^ta 's #^o. Sec€-ct^iry of el 13 {^loyc,es, t^^;turl•a the Col € r sup4yvis{€:f^, 097-35 Benj atnisi P9 Raberts ^ -,.;..?^r ^>$ ^^°^{Ys -.s.s^^ ;^S^.t,^e t^s;^..^ I have reviewed the i`r'iiirttct Fxacue: of !a x d izietnbcr or boardisos :•silploys; ; Secretary of Stat.e's 13th;e5 Policy and Oiaicp ethics lav>'s. €^-tat I will ccsir€pIy witti the sarrie, and that:ka'sltare to €;or;iply vaitli the ethics pofiey or Ohio ethics laws ina.y result in disciplinary action, whic'h lnay a3zetude dismssat for einployees of secretary of state or rernovaf for inei^^bers aiid employees of the boards of elections. ^" y J r_^ t w(si-:neatm•e of board tnemE'et- or hoarn!sct4 empfoyce; tS7 etr signecl;3 Jon Husted. Ohio Secretary of State 180 East Broad Street, 16th F#oor Columbus, Ohio 43215 Tel: (877) 767-6446 Fax: (614) 644-0649 www.OhioSecretaryofState.gov Via Electronic Mail and Re2ular Mail June 24, 2014 Jon Stainbrook Chair, Lucas County Republican Pai-ty 1758 Meadowlark Ave. Toledo, Ohio 43614 Dear Mr. Stainbrook: I have received the Lucas County Republican Party Executive Cornmittee's recommendations to appoint Kelly Bensman and Benjamin Roberts to fill the vacancies on the Lucas County Board of Elections. Under Ohio Revised Code §3501.06, it is my duty as Secretary of State to appoint members of county boards of elections to serve as my representatives. I take this responsibility very seriously. Ohio law provides that, in the case of a vacancy on the board of elections, the county executive coniniittee of the party entitled to the appointment may recommend a qualified elector to serve on the Board, and the Secretary of State "shall appoint such elector, unless [the Secretary] has reason to belie,.re that the elector would not be a conipetent meniber of such board." (Ohio Revised Code §3501.07). The Board of Elections is too critical to the function of our den-iocracy to appoint any individuals who are not fit to serve. Accordingly, under my authority and for the reasons outlined below, I will not appoint either Kelly Bensman or BenjaYnin Roberts to serve on the Lucas County Board of Elections. As you are keenly aware, for three years my office has found itself in the position of regularly having to intervene at the Lucas County Board of Elections in order to ensure the proper administration of elections and board operations. My most recent action resulted in the removal of board menibers. In taking this action, I laid a framework for all to work within as we move toward a new culture at the Lucas County Board of Elections, consistent with the requirements of state law. As I have in all previous interventions in Lucas County, I provided another path forward by stating that I would not appoint anyone connected with the problems of the past that have led to these vacancies. However, as has been the case time and time again, the guidance has fallen on deaf ears. The removal of board members was not arbitrary, but rather followed a thorough examination of what can only be described as a deep-rooted culture of dysfunction. Further, the purpose of removal was to start anew, not to punish any individual for their behavior - though without a EXIi1BIT Page 2 of 3 doubt, none should be proud of their contribution to the devolution of professionalism nor their inability to change the culture. Both my involvement over the course of the last three years and my review of the transparency committee process confirm that because of their unconstructive, and at times potentially destructive involvement with the Lucas County Board of Elections, neither Mr. Benjamin Roberts nor Ms. Kelly Bensman are competent to scive. Kelly Bensman While Kelly Bensman is not currently and has not been an employee of the board for some time, it is clear to me that she is not only involved, but is a central figure in creating an environment of dysfunction and distrust at the Lucas County Board of Elections. On more than one occasion Ms. Bensman has been a primary figure in an altercation or incident at the Lucas County Board of Elections. Over the course of four meetings of the transparency comniittee, Ms. Bensman was frequently cited by board members and staff as being a source of intimidation and provocation that would at times escalate to claims of both verbal and physical altercations both by and towards Ms. Bensman, with one of those altercations leading to her removal from the Government Center. As recently as the May Primary Election, Ms. Bensman was alleged to have taunted, yelled, and intimidated board employees. The Toledo Blade went so far as to describe Ms. Bensman as "stalking... like prey" board staff on Election Niglit. The facts in this matter are clear, Ms. Bensman was and remains part of the dysfunction at the Lucas County Board of Elections. Benjamin Roberts Mr. Benjamin Roberts served as the Director of the Lucas County Board of Elections for approximately five months in 2011. The culture that perpetuated under his leadership, his inability to manage or change what he himself upon his resignation deemed a "caustic environment" make him incompetent to serve on the Lucas County Board of Elections. At the start of Mr. Roberts' tenure, the board of elections was under oversight by my office. In October of 2011, I determined that despite active engagement there was nothing more my office could provide at that time and it was time for local leadership "to assume complete and total responsibility for the oversight of operations and the duties assigned to them." Just two months after being tasked with fulfilling his duties, Mr. Roberts relinquished his position and in his letter ofresignation said he was unable to make a difference. By his own admission he was not the change agent the Board required then, and he cannot be now. During Mr. Roberts' incomplete term of office, accusations among staff of impropriety such as possible email hacking and misuse of time, an absence of policies and proeedures and partisan division proliferated. Further, as Director, he presided over confusion surrounding a final vote tally and instructed the cancellation of poll worker training in advance of an election. Page 3 of 3 Due to the myriad of issues linked to both Ms. Bensman and Mr. Roberts, I find that neither have the requisite or adequate ability or qualities required to be competent members of the Lucas County Board of Elections. Accordingly, under Ohio Revised Code §3501.07, I must reject the Executive Committee's recommendation of these appointnients. Be advised, consistent with my letter of June 5, 2014, I will not let the Board of Elections slip backward into the dysfunction that has brought us here today. Should the Lucas County Republican Executive Con-iniittee choose to recomme.^n.d two other electors to seive, I insist that they be unconnected to the well-documented problenis of the past. Of the more than 29,000 registered Republicans in Lucas County, surely there are well-qualified individuals who can seive the voters of Lucas County with competence and integrity. It is my hope that you and your committee will. once and for all do the right thing for the votei-s of Lucas County and advance individuals who will provide the stewardship and fresh perspective the rebuilding of the Lucas County Board of Elections will require. incerely, Jon Husted cc: Kelly Bensman Benjamin Roberts STATE OF OHIO AFF1DAV!T OF iON STAINBROOK COUNTY OF LUCAS €, Jon Stainbrook, bel ^g duiy sworn according to law, and states as follows: 1. My name ss Jon Stainbrook. 2. 1 am a qualified elector of 3067 Mu€r^^t-d A:ve., Toledo, Ohio 43614. 3: ! am the Cha r,r;n o4 t^e Lucas County Republican Party Executive Committee and the facztial ;n this Affidavit are based upon and made or, the basis of my personal knovvIedge of those facts. 4. On June 18; 2014;the Lucas County Republican Party Executive Committee by unanimous vote recommended the appointment of Kelly Bensman and Benjamin Roberts to the Lucas County Board of Electsans. 5. At no time did Secre.ary l-tusted or any one in his office contact me concernirig Nfs. Bensman's or M-. . R;:;-rts' qualifications or competence or provide me or the Lucas County Republican Party Executive Committee an ^ppertLirfity to respond to allegations he apparently received concerning Ms. Bersmar arid %V;r. Roberts. 6. Following receiving notice of the rejection of the appointments by Ohio Secretary of State Jon H«sted, the members of the Lucas County Republican Party Executive Cerr^{liittee, at a r^eeting held on July 2, 2014. ur^eri^mcusCy approved a course of actiori to apply for a Writ of Mandamus from the Supreme Court to cornDe! 5ecretary }-i.Istett to appoint the electors so recommended consistent with Ohio Revised Code §3u0i. u7. 7. At the July 2, 2014meefing, the Lucas County Republican Party Executive Committee voted to apply for a Writ of Mandamus from the Ohio Supreme Court ordering the Secretat-y of State to appoint Kelly Bensman to the vacant term ending February 29, 20115and to appoint Benjamin Rotierts to the vacant term ending February 28, 2017 as a Republican Board members to the Lucas County Board of Eiections. E3iti1BlT r-) %=11 -- J 8. At the July 2. 2014.meetiing, the Lucas Ca.,nty Republican Party Executive Comrnittee also voted to engage the Law Offices c;: M. Todd, Ltd. to represent it before the Ohio Supreme Court. 9. 6have read the f':ra ge > j a Wril, of Mandamus, and, have personal kno\4-r•-,gr cf the faets set aorth thereirt and hereby attest that those facts are true and accurai ; . ^urther. Affiant sayet1 ^ ...;, ;.. . . ^,....:f . ^ j :;( n . ..j . . . . Al^' v .,^. s ^^.,..^^, ^ ... . zEn}^^:;<)k Sworn to before me and subscribed in my presence th°s : day of July, 2014. , ... ^s , .^ .^ ^€^t:^ry PL ^^^A N N35 C s ^ ^^ ^t y h }+ STATE OF OHIO AFFtDAViT OF KELLY BENSMAN COUNTY OF LUCAS i, Kelly E3er}sman, being first duly sworn acccrrii€ig to law, deposes and states as follows: 1. iV(y name is Kelly 6ensman. 2: ; reside at 1777 C=ulEingtor€ Rd., TaSec!o, Ohio 43614. made on tf -ie basis of my personal 3, The factual matters s4atea in this Af-fidavit are based upesrt and knowledge. 4. The rescin:^ attaci^^€ri as "Fxhibit3" to the wr;t of mandarsius truly and accurately €;e,< <,c,c-, my education, .vcir and professional experience. 5; On Ju;ie I.P. 2,011 Lucas County Reptil:,€ican Executive Committee reccmmer7ded my appoantrrre€zttc) :!.;,€r, sCouiity Board of Eiectioris usianirrously by a vote of 55 to 0. ©, At no time following the recommendation of ryiy^ appointment for ti^" Lucas County Board of Elections did Secretary of State Jo€i Husted, or any one in his nff€iv;-, {.:}rrtcct me concerning my or pnrnpetence or provide rne, or the Lucas Ccsunty :;t; ablican Party Executive corrqm€tte .) rr+y knowledge with ary opprsrtu aity to respond to i;: s ;egatiorrs cdncerr:;ing my r^ualt icat? ^i', andjor competence. 7. 1 have r€ever beerf removed 'rrorn Lucas County nment Center for any reason. S. i was a€i appointed election observer at the 2014 pr`smaryt election and served in the BOE office where I observed ballots being processed and counted by Board staff. Docurnerstation of my 2014 primary election observer appointrr=.ent paperwork filed with the Lucas County Board is attached as Exhibit A to this affidav2t. 9, i am not, and have rsE:, er i:seen, an employee at the L€icas County Board of Elections or the Secretary ot St;^tt-'s E, :s, i did serve as an Election Day poll worker for at 4east two elections held appr:;yi:^ iMy > yf>ars ago. 10. iE-rnaiied a 1i: W r1f concerns re€,eFve;C^ ; rcrrn voter's and candidates d€aring ts72 2014 prima€-y election to Director Gina Kaczala and Deputy Director Dan DeAngelis of the Lucas Coaanty Board of Elections and t^- i`,tatt Masterson of the Secretary of State's office. The e-mai3 is attached as rL'Ah ib it 8 t F)t } .7 1t iU< i; f> 11. At his request, I c€€ culatac3 petilt#ons for Secretary of State Jon Husted for his re-election ira 2014. Secreta€-y Hlusted relied upon these petitions to meet signature requirements to have his nar'rie placed orr the 2014 primary election ballot, I MOr w2. Sometime ii#ier February 2014, Secretary Husted sent rrrc- a personal thank you letter that eXpre._ •cd his gratitude for helping to circ,ulate his candidate petitions for renelecrion, attached as t>:i.,,,, C to this affidavit. Firrther, AEfiant sayeih naught. ^ ,. ^u 23 ...^::^:,__ . .^__ _... _...... ,. Kelly Benst-naii Sworn to before rrie a:-sd subscribed in my presence this _day of:u3y, 2014, j 4 r ^ . , ...... ,/ '4 ^4 / ^ ° 5 . . ^ . ^ . y . ^ '^'" ^ • ^ d^ . .;'s^, ^ ' ^ ''` ^t. . r ^ ^%f ...,.. ^ ^ . ^ ^ ^ . . .. . ^".^; ._ . _ ...... , . ^. . ^ g. ,.. _ •,i ,y^ . v T ^ £^.i .LS°`Y^:. s^ ., 7 'd F1', 4 .^'• W f , ...... ^ 9 .asYir^ ^!^ t. ;^`'^....,. • b r . _ . . . Notary Public ^^ . ^^! . . ^ . . ^ ^ . . . ^ ...... ^ ^ m^.w.A'.y.O._ ^. ^ . . ^ f ^. .^ . S. - ^ - . 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EL. ^ FA,.,S Ar;N :^ ^UMTY O A : E #:.: ON'^s OF THE FW^`.H DEGREE Worksp^^e w4brtiail.: Ptiiit PrEnt ; n : ;• 11 snrt€iw Subject: F'u;" wcrtter v.scarsci^s and cz'srrspiairsfs recarding the eietr'cion Frum. "Lc:,RP., clicf ;< ;..rv; ...... D3t&: TtEeFdy t;U i:146:3 f. To: "Gina Kaczal, rt t•^!^.. ..fh,iisc- <[uc^s.rs#^.u^^, "DanieS ^eAnyetis" a[3CSUAnqeCisGWco.Eucas.oh:us> Cc: [email protected]::ryofsfafe.gcav The Lucas County Ra;,atsNican Party received 4te€r3ed Ml+:iVie rer :, :,;'«3 tl-re, ^,^1e.i:-,.>^, todd', °;_ c .cn 1,:, camplairtt5ware irsade, C^ . rtiinn: 1, t{ e'u:; Lt^_)t !^F;,ri l e+"(Jf ^ESfi€. v.^.:15 rC r^..tfiilCtS 2. No r. 7Ulh ra:1'r dt somc, 3.Po€s -; .,: C:. _,perrari an time 4. ,,;^t , . .:-°-; ta observe inside a na€ling location sa ,^ appointing authoritybeiiig aE(owedto absctve at the samc 6:7c n^ ^:•t:^^,g ^.;^. ^.^.^ ,.^appar-->ri,i, ;,t fur;cttaneng pi-aperly;nat€ettinQ thevater t3C^'Jc3I'^'.1 :2EY f rl :;CffItif`,g ca€nnaigrti^,, inside p€ah;bited^ areas at po!€irrg €k^Cii,( t._ a(;t. ,'7'.9r .eat;rlq voters republican voters that machines were down ,^hen they reqiiested a reput,Eicar Dailat 9, told sarn:_, ^, Puui;,^.an voters that some machine:, desig.z...^ec: !°or repui;.,a.«; :;-rdsdra:. r,a-.. „-;esweradesiqnated fordarnacrasr thayw;;ulj i)ave to wait a time if they wante. _h:=. republican machines, otherwise ^'-3ay could vote ;ssues only or dernacrat if they e right away 1-,1 ;`riihy park she:^et, ^•r; ,<: r,,.t€ir,g location infarn-rnu a voter theyeould only vote democrat ,c dernocrats wE•re staffiny both precincts at that location, no republicans were allegedly pres^rtt :.L Voters caulctn't vc,te, at Sylvania Ta%^.-ship ^ heii the polls opened and v,rars were turr,ed aevay, We had anu report of a vot -r ^.:ing turned away as €ate as, I. 05 arr. 12, At least one voter was tajd they tiad to vote ati issues only ballot a:: v;^stgata chapel 13: voters were told they had to vote an issues only ballot and were told they coufdr.i`c c'<. a party. 14. WL a#Sa rec&Vr..: _. N'a r^ts regarding poll workers at multiple precincts designating certaft` : machines fc,t :ind certain machines for republicans 1::;, rL>;il ,^.;arker sato .:-^il:vorkers were r.at signing receipt tapes at rnachinrs to verify no votes 'N4'rc:. C?rt the tYtaC"t`Efns-_s ^"`irior `;a C1pertiilg po€€s: This is aqu;,:k list of the isstias and thought yOti should be aware of therri irrrmediately. Zarn putting in an amail in hapes. t.i,ai: the Barard will put procedures in place to prevent this frorn happening in the futurr-, I-^w try to ca;€ DirectarCina Kacza1a and was irifcrmed her door was shut anc.i cauldn't tie ntas-c .,r .^d. It isdisap F:>'rt:inq that neither the Directar nor tnc-; Deputy Director ever, acknow#edged the e- maiks and the c, rrp?airts regarding tha€rreeularities at Church of the 6rethren, Again, this list is not carriprehens:vv, but identifies just severai issues communicated to the ! CI?P by voters trday, Kelly ♦ .. 1 . .. ^ ., k , ,..^,z;^^^;scr^rc^r.ncL ^hv^^w_^3rint .. } ) .1tOt115&aEirilPart--^0 ,.. _ " .nti s, ...... w c.a>tdfts ti;e :7£' °€ C3Ti,i Ii 1' I'c--i;sB;c#.iC3n tCi {.}b1i) Set3`t°eE,eiry f)f:Siatti-.! t o': t ' t`t7', 0, : •, .!'. ti's_•rH`C#lI !iC:'•.nct7n :; ,.,.::::; is the fi1:•il step li1 a vt 3:.1€31€_` {:.21T7itYtt`..:i. I ... !xc.Ft,',l 1 '.. ^k`It1. i., t^;' l#•" '.t'. Fli^Cl ti. .' :f% :?t;^^'> lwU[14I7 .`.)C11" Eu€Ili^;li4 C>i'ltil"E.^ . •f. ()L1t !-.t}\v we Iifi.Ldc I ` :.' ;: :,'.. ::t, .';, i'c,t',.-d a ?'C°.i+,7T'd number C7`1?C 1'^tt^ltii l tt^ vt31ci s:it)t^ i .. i i11 !2i. ^ .,. bt.r .... . • •. t' aE1d the budget lii :.71tr office, I ::my,v we^dH be sm A: :isywat ey wi.. -. Wcau.we (yT'th; Agt4112, thank 4"t)i.i A'>i` +'{zt,i1' help. ` . ,:°:.! tf,gt,.Ci;,f;Y ,:It. ; t'. blt +,`.`xiPig, C'v:; will "in in 2014€ :1 v, ^ ,uits S 3^t5t=<::;. J4 G:til) ^ecrC',(dl^y () S c:'JtaZe,. ^/^^,^ ; ., 5 5 ATE OF OHIO AFrF'IDA:k'1T OF BENJAMIN ROBERTS COUNTY OF LUCAS (, Benjamin Roberts, being first duly sworn according to ;aw, daposes and states as ici€laws: 1. My name is Ber}}arriin Roberts. 2. € res€,^e ^t 51^ +1^l: €^rc^^d r ar, Yz ;:; ,, yy t^t^ic 4.^537. 3. 'Thefar.tual rnatters stated in this Affrdavr't are based upon and made an the basis of my personal knowledge. 4, The resurr7e attac'aed as "Ex€Yibit C3° to the verified petition for writ of mandamus, trulyarid accurately describes my edk,catio;i, work and professional experience. 5: On Sua,A 11 ^?, 2014; the Lucas County Republican Exectitive Conxrnxttee recommended my aapoirntme;;: to the Lucas County Board of Electloris urtanirnaus€y by avote of 55 to 0. 6. At no time fo€€ow€ng the recrimsrencivtion of my appointment for the Lucas County Bciard of E€actiorxs did Secretary of State Jon Husted, ^Y ^ one in his office, contact me cvticerning my .€ua€ificatians crrcerrrrpeter^ce or prc^vide r,'^e^te Luz.as County Republican Party Executive Commit:tee with an<}ppor;unEty to respcnc# to his ailegatians c.oncerningmy qualifications and/or competence. 7. While briefly serving as Drrectcir af the Lucas County E3oe; aof Elections, the Board members dpd not grant me the authority: to enforce the Board's existing policies and procedures: to create and isnplernetit new policies and procedures; or, to enforce the policies and procedures on employees through appropriate discip€inarv ac%ian. Furt€7pr, Affiant sayeth naught. r{ ^ ^ n-. 3enjamiri Roberts Sworn to before rtie and<.;ubscribec€ in irjy presence th,s day of July, 2014. ^.^... ,.. .r.. 5 _...... y ^. !^ ^^. Noiarv Pjabltc fliaiT STATE OF OHIO } AFFIDAVIT OF JERRY JONES COUNTY OF LUCAS I, Jerry Jones, being first duly sworn according to law, deposes and states as follows: 1: My name is Jerry Jones. 2. i reside at 19 Homestead, Maumee, OH 43537. 3. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge. 4. I am a local minister, business consultant, and retired Blade sales executive. 5. 1 am a registered Republican. 6. i have known Kelly Bensman for approximately 4 years. 7. I have had observed Ms. Bensman and her ability to effectively work with a variety of individuals and competently perform various tasks. 8. Since I have known Ms. Bensman, I have found her to be respectful of individuals, intelligent, pleasant and respectful of individuals regardless of who that individual may be. 9. In my dealings with Ms. Bensman, she always treated me with kindness, dignity and respect. 10. 1 believe that Ms. Bensman would be a very competent member of the Lucas County Board of Elections and an asset to the Board. Further, Affiant sayeth naught. V Jerry Jones Sworn to before me and subscribed in my presence this day of July, 2014. MeLYSSA M Pdotary Public tn aesst tor the Stata My coresmissinn E$reb,^4^ public AuUca^^ 27, 2014 EXHIBIT STATE OF OHIO AFFIDAVIT OF THERESA M. GABRIEL COUNTY OF LUCAS I, Theresa M. Gabriel, being first duly sworn according to law, deposes and states as follows: 1. My name is Theresa M. Gabriel. 2. I reside at 1205 Independence, Toledo, Ohio 43607. 3. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge. 4. 1 am an elected at large Toledo City Councilman as an independent. In the last primary election, I cast an issues only ballot. I am not affiliated with a political party. 5. I have known Kelly Bensman for approximately 6 years. 6. i have had an opportunity to work with Ms. Bensman on several occassions prior to becoming an elected member of council, during my campaign, and after elected. 7. In my dealings with Ms. Bensman, i have found her to be intelligent, fair, competent, nonpartisan, and unbiased in her interactions with voters. 8. In my dealings with Ms. Bensman, she always treated me and my family, my campaign and voters with dignity and respect, even if our opinions differed. Ms. Bensman is able to work cooperatively with both those who share her opinions and those who do not. 9. i believe that Ms. Bensman would be a competent member of the Lucas County Board of Elections and an asset to the Board. Further, Affiant sayeth naught. Sworn to before me and subscribed in my presence this :-tl day of July, 2014. ^ ^,... ^e„•'^ ROSE A. MEGLl7^H EXHIBIT Notary Public, State of No My Copimission Expires October 25, 2015 ------STATE OF OHIO } AFFIDAVIT OF CONSTANTINE STAMOS COUNTY OF I.UCA5 ) I, Constantine Stamos, being first duly sworn according to law, deposes and states as follows: 1. My name is Constantine Stamos. 2. 1 reside at 3632 W. Central Ave. Apt A, Toledo, OH 43606. 3. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge. 4. I work in production for motion picture and filrn. 5. i am a registered Republican. 6. I have for been a Republican candidate for political office. 7. f have known Kelly Bensman for approximately 10 years. 8. i have had an opportunity to observe and work with Ms. Bensman as she assisted me personally as a candidate, at political and party events, and helping voters. 9. In my observations of, and working with, Ms. Bensman, I have found her to be respectful, honest, pleasant, diligent, competent and always looking for ways to improve the process. 10. In my dealings with Ms. Bensman, she always treated me with dignity and respect as well as all those around her she is working with or assisting, regardless of party affiliation. 11. i believe that Ms. Bensman would be a very competent member of the Lucas County Board of Elections and an asset to the Board. Further, Affiant sayeth naught. Constantine Stamos Sworn to before me and subscribed in my presence this -) day of July, 2014. *"ARM* 1 own= EXHIBIT 11 STATE OF OHIO ) AFFIDAVIT OF WILLIAM BRADNER COUNTY OF LUCAS I, William Bradner, being first duly sworn according to law, deposes and states as follows: 1. My name is William Bradner. 2. 1 reside at 4911Naomi ar. Toledo, OH 43623. 3. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge. 4. 1 am a registered Republican. 5. 1 have known Kelly Bensman for approximately 6 years. 6. i have had an opportunity to observe and work with Ms. Bensman as she assisted candidates, prepared and worked at po{itical and party events, and assisted voters. 7. In my observations of, and working with, Ms. Bensman, I have found her to be intelligent, honest, pleasant, respectful, diligent, competent and always looking for ways to improve the process, 8. In my dealings with Ms. Bensman, she always treated me with dignity and respect as well as all those around her she is working with or assisting, regardless of party affiiiation. 9. ! believe that Ms. Bensman would be a very competent mernber of the Lucas County Board of Elections and an asset to the Board. Further, Affiant sayeth naught. William Bradner Sworn to before me and subscribed in my presence this day of July, 2014. Notary Public EXHlBl'f ^7fdA89k4t14 Q^+:;:i:: Y61.4A3id.^.^. .^g w^d STATE OF OHIO AI+FIDAVIT OF DOUGLAS G. HAYI'+,^11.M COrJN'I'Y OF LUCAS 1, Douglas G. Hayrianz, being first duly sWorii accoi-ding to laNv, deposes and states as follows: 1. My nante is I7otrglas G. I4aynan5. 2. 1reside at 4336'tarmvortliRd., Sylva.nia, Oii`ro 43560. 3. The factiial inattet's stated in this Affidavit ar°e based tYpoit and niade on the basis of my persoiiaI knowledge. 4. 1 t•eceived ►-ny B.S. cirnr It-aarde, #`r•orn Miami Z.Tiiiveysity arid a J.D., witli honors, fronl'.C`he Ohio State Uiriversity. I am a partner at a law firin in Toledo, Oliio, and Avhile irry Fri ►r►aty area of practice focuses on isst7es relating to envir•oninental compliance and e ►aforceme►tt, I have substantial exper•ience in Ohio election Ititiv rnattet•s. 5. 1 am a registered Republican and liave exterisive political exper-ience as r•eflected in the attaclied resr►nie. I cirr•r•ently serve as a MeiYiber of Sylva.tiia City Cotxycil aitd as Sylvania Ward Gliair for tlre f,ucas Cor.►nty Iteptrblican I'arty, a position I have lLeld tvitlt a riiirtor iiiterrirption since 2002. 6. I have kuowti Kelly.I3eiisnian for appi•oxitnately 8 years. 7. I lsave had an opporttjnity to interact with Ms. Bensman as botli a political adversar•y and azi ally Hnd have always foarnd lier to be capable attd co ►npeteiit. I ltave obse►-ved Iter work as slie advised and assisted carididates, wor•ked at political and party eveiits, and lielped voters. 8. In my observations of a ►id working witli Ms. E3ensman, I liave observed Ite ►• to liave an excellent understanding of Ohio electiott laws and processes. 9. In niy deal'rngs witll Ms. Bensman, slie always treated 7r1e with digiiity and respect. 10. 1 believe that Ms. I3ensiiiau lias der7ionstrated t13e necessa.ry skills and eaper•ience to be a coarapetezzt ►ne►nber of the Lucas C;otrnty Board of Electiogi. Fitrtl7er, Affiarit sayetl3 riauglit. Douglas O. Haynarn SNvorti to befor°e me and strbscribed in jny pr•eseuce this 3r•d day ofJrjIy, 2014. 4ARK E, MEitCCKAttrxney at Notary+F ►*, &tats of t3trio CornmissfonHasNoExphatlonba)dotary Public Secttan 147.03 R.O. EXHIB!'T Douglas G. flaynam 4336 Tantwortlt itoad SylvunYa, Ohio 43560 419-367-3512 iEgItaynain(r;bex.net Sylvania City CJouncil 2003 to present • Chair of Crtuttcil's Zoning & Anttcxation Ctttnmittee o C;huir of 2010 Land Use Plan o Initiated New Zoning Code and Sign Code • Member of Fittnnce, Safety, and Parks & Forestry Contmittees • Advocate for Capital expcnclitttre planning and bttdgeting o Foa•tnation of Finacial X"olicy & 5-Year Planning Budget • Advocate for Real Estate Tax Reductions o ittitiated 1 .5 mill rettl estate tax rollback • Advocate for priot•itizing basic city services • Advocate fot• visionary plattning and development Political Fxpct•icnce • Chxit• Lucus Cottnty Central C'ontmittee (2005, 2006 to 2008) •lnteritn Chair Lucas C:ottnty Rcpublican Party Executive C;otnntittee (2005) • Cltuiir, Sylvattia At•cu RepuMalicuns (2000 to 2003) • Lucas Connty RepYtbYicun Party, Sylvaniu'V6'ard CItnir (2002 to 2005, 2008 to present) • Sylvania City Pt°ecittct C;ltair (1998 to pt-escnt) • 2004 and 2008 Lucas County Repttblrcan Flcctar,n Observer Coot•tiinatrtr • Lttcas Coitnty Campaign Clyait• for Senator's DeWine (2006) und Voinovich (2004) • Qhio ][2.epublican Party SYtpt°erne Court Screening Cotnmittee (2005) • Tt°easirt°er, Citizens for Pam Hayttuttt Contntittee (1997 to 2011) • Nt.xnterous Campaigns for C3antlidtttes and Issues • Committee fot• State Scnator Mark Wagoner a Cotnmittee for State Representative Barbara Sears Sylvania Service • Sylvaniu City urrd Township Feasibility Study Comnrittee (2006 to 2007) • City of Sylvarria 1Vlunicipal 1'lanrtirrg Commission (2002 to 2004) • Sylvania Schools Strategic P'lanning ConiniYttee (1997-98) Comnrunity Ser-vice ^ Erie Shores iCouncil of the Boy Scouts of Anierica o Special Tr•rrstee for C'ourrcil Endowment Trust (2010 to present) o Lxecr.rtive ComrnitFee & Bour-ci (1989 to preserrt) o President (2002 to 2005) o Legal Counsel and rxecutive Boarcl (1989 -2001) Friends of Russian Orphans Board (2002 to 2010) • Sylvania 5oirtirview Baseball 'Y.`reastrrer (2003 to pres+ent) • I-lunti:rYgton ConimYinit_y Cerxter- Board (1999 w 2002) • Sylvania Recreatiorr Gir•is Basketball C;oach (1999 to 2003) • Sylvarria Fastpitch Softball Coach (2005, 2006, 2+Q09 to present) • 1Triited Way of Greater Toledo, Young Leaders Council • Memiuer- CedarCreek Chrrr°clr Professional Experience and Service • Over- 30 years of private legal practice, pr•eserttly aPartner° with Shrrmakor, Loop & Kendtrick, LLP • AV rated by Murtind ale-Htrulble • Wenty Years recognized as orre of "The Best Lawyers in America" • Ohio Snper• Lawyer • Past Chair•, Errvirorrrrrental Law Cornniittee, Ohio State Bar Association • Past Merriber Lawyers Advisory Cornniitte+e, Toledo Bar Association • C,ur•r•c-nt N1:etnber• A.mer•imrn, Ohio, :Michigan and Toledo Bar° Associrrtions Edrrcation ^ Tlre Ohio State University College of Law, Jur•is Doctor With Honor•s in Luw,1980 o The C)hio State University Law Journal, Staff p Miami U'niversity, B.S. in .Btrsirress, errrn laucie,1977 o Dr.ial Majors in Finance arrci Birsiness I?,conomics o Beta Gumnia Sigrrra and Phi Kappa Phi o Stuclent (;overnrnent Representative STATE OF OHIO AFFIDAVIT OF KENNETH COUSINO COUNTY OF LUCAS I, Kenneth Cousino, being first duly sworn according to law, deposes and states as follows: 1. My name is Kenneth Cousino. 2. 1 reside at 341 Boston Pl. #2, Toledo, Ohio 43610. 3. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge. 4, ! am an employee for a non-profit charity. 5. ( am a registered Republican. 6. I have known Ben Roberts for approximately 20 years. 7. I have had an opportunity to work with Mr. Roberts on campaigns, at political events, party events, and assisting voters. 8. In working with Mr. Roberts, I have found him to be motivated, intelligent, patient, honest, competent and always working to better the process. 9. In working with Mr. Roberts, he always treated me with dignity and respect as well as all those around him that he is working with or assisting, regardless of party affiliation. 20. I believe that Mr. Roberts would be a very competent member of the Lucas County Board of Elections and an asset to the Board. Further, Affiant sayeth naught. Kenneth Cousino Sworn to before me and subscribed in my presence this ^:!-- day of July, 2014. ^3 s' Y Notary Public 1 4 ^`f#atr^i`^WA m EXHfBll' b ^ Z_ STATE OF OHIO AFFIDAVIT OF MARK NOWAK COUNTY OF LUCAS 1, Mark Nowak, being first duly sworn according to law, deposes and states as follows: 1. My name is Mark Nowak. 2. 1 reside at 4116 Garrison Rd., Toledo, Ohio 43613. 3. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge. 4. 1 am an electrician in Toledo, Ohio. 5. 1 am a registered Republican. 6. 1 have known Ben Roberts for approximately 22 years. 7, 1 have had an opportunity to work wfth Mr. Roberts on campaigns, at political events, party events, and assisting voters. 8. In working with Mr. Roberts, I have found him to be competent, honest, intelligent, patient, and always working to better the process, U-^^jd 9. In working with Mr. Roberts, he always treated me with dignity and respee as well as all those around him that he is working with or assisting, regardless of party affiiiation. 10. 1 believe that Mr. Roberts would be a very competent member of the Lucas County Board of Elections and an asset to the Board. Further, Affiant sayeth naught. ^--^'--^ ^ ^.^ , '. . . s._.....,^,,.,^,.. Mark Nowak Sworn to before me and subscribed in my presence this I day of July, 2014. ^^r,^ ^ ...... :,..^ ..:....._.._.. g° .. . v^ f{C`. `. ` N zti' ycpg6 . W'i'4 Notary Public E^Fi1^9T' STATE OF OHIO AFFIDAVIT OF JENNIFER LORENZ COUNTY OF LUCAS I, Jennifer Lorenz, being first duly sworn according to law, deposes and states as follows: 1.My name is Jennifer Lorenz. 2.1 reside at 4053 Walker Ave., Toledo, Ohio 43612. 3.The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge. 4.1 am an employee at Owens Community College. 5. I am a registered Republican. 6.1 have known Ben Roberts for approximately 6 years. 7.1 have had an opportunity to observe Mr. Roberts as he has assisted with political events, party events, helped candidates and assisted voters. 8.1n my observations of Mr. Roberts, I have found him to be intelligent, patient, honest, competent and always working to better the process. 9.In my dealings with Mr. Roberts, he always treated me with dignity and respect as well as all those around him that he is working with or assisting, regardless of party affiliation. 10.1 believe that Mr. Roberts would be a very competent member of the Lucas County Board of Elections and an asset to the Board. Further, Affiant sayeth naught. Jennifer Lorenz Sworn to before me and subscribed in my presence this ^Z day of July, 2014. p4P^ Notary Public <<^r;.,:^• t O.R.C. 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