By Marc Kovac
Record-Courier Capital Bureau
COLUMBUS " Resign or face imminent impeachment.
That was the message sent by Gov. Ted Strickland and all major statewide Democratic office-holders to embattled Attorney General Marc Dann, in a letter stating that he had "reparably harmed (his) ability to effectively serve the people of our great state."
"We are ready to take whatever action is necessary," Strickland told reporters during a press conference Monday on the steps of the statehouse. "I would hope the attorney general would understand that his effectiveness as an attorney general has been so greatly diminished that, in my judgment at least, he cannot appropriately continue to fulfill the duties of that office. I would hope that he would recognize that and choose to resign."
He added, "If he does not, I can assure you that there will be steps taken to bring about an impeachment inquiry."
But as of Monday afternoon, Dann continued to refuse that course of action, vowing in an e-mail to staff that "our work is too important to do anything but our jobs today."
He expressed a comparable sentiment in two telephone conversations with the governor over the weekend, Strickland said: "He told me that he does not believe that he has done anything that would justify his leaving office, that he feels that he was elected by the people and he will continue to do his best to remain in office."
So went the latest chapter in an increasingly ugly saga that started more than a month ago when two 26-year-old women employed in the attorney general's office formally filed sexual harassment complaints against their manager " a friend, neighbor and one-time roommate of Dann.
An investigation determined that that individual, Anthony Gutierrez, did sexually harass employees, repeatedly drove a state-owned vehicle while drinking and otherwise created an atmosphere of hostility for employees, including making claims of his family's ties to the Mob.
The Democratic office-holder's top spokesman and strategist, Leo Jennings, asked another witness in the probe to "play a little bit fast and loose" when answering investigators questions.
They both were fired late last week. And Edward Simpson, Dann's Chief of Policy and Administration, resigned after the investigation determined he did not act on sexual harassment complaints for weeks after they were made.
During an emotional press conference following the announcement last week, Dann admitted cronyism in his office's hiring practices, said he was not adequately prepared for his elected position, apologized for carrying on an affair with an individual he would not name and vowed to clean up the tarnished image of his administration.
Strickland told reporters he spent the weekend looking over the results of the investigation and the transcripts of interviews with those involved.
"I did the best I could to understand what has taken place in the attorney general's office and the conduct of the attorney general and many of the people who worked with him," he said. "And following that, I concluded that he should step down."
Inconsistencies in testimony, a "failure to recognize the seriousness of the things that happened" and a lack of proper management and oversight were among the reasons Strickland said he and others are pushing for a resignation.
"...(T)here seems to be a pattern of unacceptable behavior, of mismanagement, failure to manage, that caused me to conclude that (Dann) was not able to continue to effectively carry out the duties of Ohio's attorney general," he said, adding later, "I don't want to imply that I think that the attorney general has not done some good things. And, of course, most of the people who work in that office are career professionals, and they are people who work hard and carry out their duties in an admirable way with honesty and integrity... (But) there have been decisions made in that office, and there have been failures to manage that office...."
The Letter
The letter delivered to Dann Sunday was signed by Strickland, U.S. Sen. Sherrod Brown, Lt. Gov. Lee Fisher, Secretary of State Jennifer Brunner, Treasurer Richard Cordray, state Senate minority leader Ray Miller, House minority leader Joyce Beatty and Ohio Democratic Party Chairman Chris Redfern.
In it, they wrote, "The work of the office of the attorney general matters more and is far more important than any one person. In many, many cases, it is all that stands between people and the powerful. Sadly, we no longer have even the remote hope that you can continue to effectively serve as attorney general, and that is why we are asking for your resignation."
The impeachment process would involve the offering of a resolution in the Ohio House. If a simple majority agrees, a trial would be conducted by the state Senate, Strickland said, adding that it would be appropriate for Democratic lawmakers to spearhead the impeachment.
"I think it's important for Democrats to send a very clear message that we will clean our own house," he said. "...We promised the people when we sought these offices that we would do our best to serve them competently, sincerely, honestly, with integrity. ... (I)nappropriate behavior will not be tolerated, whether it's coming from a Republican office-holder or a Democratic office-holder."
Dann's response
In an e-mail sent to employees (and distributed to the media Monday), Dann acknowledged the governor's telephone calls and the letter calling for his resignation.
He responded, according to the e-mail, that he was "in the office, have rolled up my sleeves and am working on behalf of the people of the state of Ohio. I hope all of you will do the same."
Dann also apologized for the present circumstances employees now face but urged them to "continue to do great work for the people of the state."
And Strickland and others "should continue to expect that we will continue to provide high-quality legal services to all of them," he wrote. "I told the governor that we will continue to make our law enforcement partnerships work to protect the people... I told him that our consumer protection and environmental protection and civil rights work will continue...."