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Dann faces more investigation, impeachment

By Laura A. Bischoff and William Hershey

Staff Writers

Tuesday, May 13, 2008

Marc Dann hasn't quit yet, but the campaign to shove him out the door got a huge boost on Tuesday.

House Democrats filed articles of impeachment against the embattled Democratic attorney general, and the House and Senate passed legislation authorizing Inspector General Tom Charles to immediately begin investigating Dann's office.

Extras

Gov. Ted Strickland is expected to sign the legislation, perhaps as early as Tuesday evening.

Dann sought earlier Tuesday to derail the immediate start of the probe by having the emergency clause removed.

Both houses overwhelmingly passed legislation with the emergency clause intact. The vote in the Senate was 32-0.

Senate Minority Leader Ray Miller, D-Columbus, who spoke with Dann on the phone Tuesday, said Dann wanted the clause removed to put things in order "before he leaves."

Miller said Dann's resignation appeared imminent. "It appears he is very close to making that decision," Miller said.

But by late afternoon, Dann was still holding out. At 3:55 p.m., as a group of reporters and camera people gathered outside his office on the 17th floor of the Rhodes Office Tower, a receptionist handed out a short statement that read, "In response to numerous media inquiries today, the office is issuing the following statement: Ohio Attorney General Marc Dann has not resigned and no further announcements are planned."

A TV news crew member said he saw Dann exit his office through a side stairway. He did not speak with reporters.

Pressure on Dann to resign has been mounting since May 2, when a devastating internal report was released that documented rampant sexual harassment and a hostile work environment in his office. Two key staffers were fired and a third was forced to resign. Dann admitted to having an affair with a subordinate but said he would not leave office.

The subordinate, his 28-year-old scheduler Jessica Utovich, resigned before the report became public.

Dann's refusal to step down triggered an effort by Democrats to have him impeached. House Democrats on Tuesday filed nine articles of impeachment against him that included nine counts of misconduct. The counts range from obstructing the internal investigation into his office, providing misleading statements under oath and "gross immorality," personal conduct that allegedly undermined the effectiveness and efficiency of the office.

But no Republican signed onto the articles of impeachment, which need Republican backing in the GOP-controlled legislature to go forward. Instead, the Republicans pushed for the the bill authorizing state Inspector General Tom Charles to conduct an investigation and coordinate other probes already underway.

"My learned colleagues, let's do it right, let's do it in a way that will serve as a beacon for those to come," said state Rep. Bill Batchelder, R-Medina, who a former appeals judge who researched the impeachment process.

The House vote was 83-13.

Most Democrats voted for the measure after an aborted attempt by Democrats to keep Charles out of the matter. When that failed, they tried unsuccessfully to give him only 90 days to investigate. Finally, they supported the bill.

Democrats said they didn't want to abdicate their duty to handle impeachment to the inspector general.

"We believe that sufficient evidence exists today to proceed with the impeachment process against Attorney General Marc Dann," said state Rep. Jennifer Garrison, D-Marietta.

House Speaker Jon Husted, R-Kettering, accused Democrats of conducting political theater and using the Ohio Constitution for political purposes.

"I flat out disagree," said House Minority Leader Joyce Beatty, D-Columbus.

Impeaching Dann would require adoption of a resolution in the House and a trial in the Senate. Ohio hasn't seen an impeachment in more than 180 years.

The investigation into Dann's office began when two women employees alleged sexual harassment by a top Dann aide.

Dann has refused resignation requests from leaders in both parties, including Democratic Gov. Ted Strickland.

"The Attorney General has said that he does not believe there are grounds for impeachment, and he will continue to do the job that he was elected to do," his spokesman Jason Stanford said in a written statement.

Information from the Associated Press is included in this report.

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