Suspension removal elected officers Ohio law misconduct felony charges

On Mar 12, 2022

Dover Mayor Richard Homrighausen was indicted by a Tuscarawas County grand jury on multiple charges Friday and could face suspension or removal under Ohio law.

Ohio law gives the public those two paths for ousting an elected official accused of misconduct or felony crimes.

A state law enacted in 2005 allows for the paid suspension of elected officials who are charged with a felony, if the charge relates to their official duties.

The suspension process starts when the county prosecutor, Ohio Attorney General or State Auditor sends the charging documents in the criminal case to the Ohio Supreme Court.

The elected official can voluntarily take a paid suspension or fight it, in which case a three judge panel appointed by the court hears it. If they’re convicted, salary and benefits paid during the suspension can be clawed back.

The suspension process has been used across Ohio in recent years:

Butler County Auditor Roger Reynolds, who pleaded not guilty to bribery and ethics charges, is currently fighting a potential suspension.
Former Pike County Sheriff Charles Reader was suspended and later convicted and sentenced to prison in March 2021. Reader had pleaded guilty to stealing money seized from arrests and then covering it up.
In July, Wapakoneta Mayor Thomas Stinebaugh was indicted on 17 public corruption charges. A three judge panel suspended Stinebaugh, who pleaded not guilty, while the criminal case is pending.
Following federal indictments in 2020, Cincinnati City Council members Jeffery Pastor and P.G. Sittenfeld and Toledo City Council members Larry Sykes, Yvonne Harper, Gary Johnson and Tyrone Riley were suspended.
Following a federal indictment in February 2021, Cleveland City Councilman Kenneth Johnson was suspended.

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Another process can be used to remove an elected official for misconduct such as neglect of duty, malfeasance, misfeasance or gross immorality. Removal requires filing a complaint and holding a trial in common pleas court.

In December 2019, Ohio Attorney General Dave Yost filed a complaint in Sandusky County Common Pleas Court to remove Tom Braun as Sandusky County prosecutor. Yost laid out as grounds for removal Braun’s misconduct toward female subordinates, a criminal probe into missing personnel files and his conviction of negligent assault, a misdemeanor. He resigned in January 2020.