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Leis offers ‘public service‘ ads
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Some people are so important theyÕre simply above the law. ThatÕs really the only way one can interpret a recent court decision that essentially gives Hamilton County Sheriff Simon Leis Jr. free rein to spend taxpayer money to campaign for or against issues that appear on the election ballot.
Hamilton County Common Pleas Judge Norbert A. Nadel last week issued a ruling against a tax opponent who sued Leis in late 2007 after the sheriff sent a letter to 1,072 employees asking that they vote for a proposed county sales tax increase that would have built a new jail. The letter also asked employees to lobby friends and relatives for their support.
About the same time, Leis marched several pieces of county-owned equipment in the annual Harvest Home Parade with large signs telling observers to support the sales tax proposal. The signs were plastered on the sides of a helicopter, tank and speedboat.
In his lawsuit, local resident Brian Shrive alleged Leis broke Ohio election laws that prohibit using public money to campaign for or against a political candidate or issue. The laws also prohibit using public money to compensate an employee for time spent on campaign activities.
The latter point is important, Shrive said, because LeisÕ letter appeared to have been distributed using the computer system within the SheriffÕs Office.
Nadel who, like Leis, is a Republican didnÕt view the action as a violation. In his ruling, Nadel wrote, ¨(Ohio law) expressly permits a political subdivisionÕs office to participate in and sponsor public service advertising. É "Public service advertisingÕ has been interpreted by courts to include instances where public officials advocate for ballot initiatives that are germane to that public officialÕs function.Ó
A new jail is germane to Leis, Nadel continued, because ¨it relates directly to providing safety and protection for the citizens of Hamilton County.Ó
It bears mentioning that LeisÕ letter didnÕt stop with advocating for the tax. It also sharply criticized Hamilton County Commissioner Pat DeWine for opposing the sales tax. Leis wrote that DeWine ¨is not a friend of law enforcement in general and the sheriffÕs office in particular.Ó
Voters apparently agreed with Shrive and DeWine: The tax increase was defeated 56-44 percent in November, the second time in a year that a jail tax was rejected.
NadelÕs broad interpretation of state law is misguided. Using his standard, any county elected official could spend unlimited amounts of public funds advocating on ballot issues. His tortured reading of the law makes a mockery of the state legislatureÕs intent.
In fact, Leis settled a separate federal lawsuit on the same matter by agreeing to distribute a letter to his workers written by the anti-tax group and paying their attorneysÕ fees. Still, the state court decision sets a troubling precedent.
One wonders if Nadel might have a different interpretation of state law if the sheriff were a Democrat. As if that could ever happenÉ.
Porkopolis TIP LINES: 513-665-4700 (ext. 147) or pork@citybeat.com
