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Lawmakers love Buckeyes, but acquiring season passes presents some ethics issues
By Stephanie Warsmith
and Dennis J. Willard
Beacon Journal staff writers
Published on Monday, Jul 14, 2008
Former State Rep. John Widowfield could find himself a ''despised'' man if the investigation of his resale of Ohio State football tickets results in other public officials losing access to the highly coveted seats in the Ohio Stadium.
That is the blunt assessment by state Sen. Kevin Coughlin, R-Cuyahoga Falls, of his former fellow lawmaker, who is suspected of pocketing the profit from the sale of the tickets, in violation of state election law.
''If John Widowfield ruins this for policymakers, the courts will be the least of his concern,'' Coughlin said.
State investigators said the review of Widowfield's purchase of tickets with campaign money and subsequent sale is continuing. The former lawmaker declined to comment when contacted by the Beacon Journal.
Ohio State tickets are difficult to obtain. OSU graduates must buy membership in the university alumni association to be eligible for tickets. For big games, tickets with a face value of $60 can change hands for more than $1,000.
Lawmakers are offered an opportunity to buy up to four season tickets each year. They pay out of their own pocket or use campaign funds.
Widowfield's actions have opened the door to a look at how the tickets are used, and interviews with 19 current and former Akron-Canton lawmakers show that there is confusion over the rules, potential rule violations, little or no oversight and a disagreement on the overall propriety.
Some donate the seats to charities for fundraisers. Some take their families to games. Some reward campaign staff. And some sell the tickets to friends or lobbyists.
Lawmakers who defend the access to tickets say Widowfield created a special situation. They also say that the ability to obtain tickets has not influenced their legislative actions affecting the state's largest university, and no change in policy is warranted.
''I don't see this isolated incident leading the university to change its practice,'' Coughlin said. ''The responsibility is on the member not to abuse their position.''
Proper use
If tickets are purchased with campaign funds, the tickets must be used for campaign purposes, according to state election law.
However, retired Rep. Bob Otterman, D-Barberton, said that he bought tickets with his campaign funds and attended some of the games himself and with family, and that his son and daughter fought over the Michigan games.
Otterman said he checked with the attorney for the House Democrats each year to make sure it was OK to use campaign funds. He said he understood that he could take whomever he wanted to the games. ''There are no restrictions that I'm aware of,'' he said.
''I was surprised they let us buy four,'' said Otterman, whose son, John, assumed his seat in January when the elder Otterman took a job with Summit County. ''Some of the booster club members (large donors) don't get a chance to buy four.''
Otterman said he saw the tickets as a fringe benefit.
He is one of five local lawmakers who bought tickets with campaign funds in 2007.
Otterman, who described himself as a ''warm weather fan,'' said he often went to the team's first few games. He said he shared his tickets with his son and daughter, campaign helpers and Akron high school coaches.
J. Curtis Mayhew, campaign finance administrator for Ohio Secretary of State Jennifer Brunner,who is investigating Widowfield, said Otterman taking his children to games is a problem, unless they were involved with his campaign.
''That one kind of concerns me,'' Mayhew said.
Son John Otterman used campaign funds to buy season tickets this year. Because of what happened with Widowfield, he said, he plans to check with House leaders before deciding what to do with his tickets.
''It obviously, probably raises the question, 'Should they (lawmakers) have access to them?' '' said the younger Otterman, a former Akron council member. ''Somebody needs to answer that. . . . I'm going to do whatever they tell us to do.''
Legitimate purposes
Coughlin's interpretation of the rules differs from Bob Otterman's.
He said he uses campaign funds and often donates his tickets to local groups for silent auctions or raffles. He said his wife has gone to games with him, though they were with staff, donors or campaign helpers.
''I think the use I just described would be a legitimate campaign purpose,'' said Coughlin, adding that he's never taken his children. ''If I used them for a trip for the family, I would write a check to my campaign committee to reimburse. I don't think that would pass the test.''
Sen. Kirk Schuring, R-Jackson Township, said he usually donates his tickets — purchased with campaign funds — to local organizations. He said the tickets have brought in as much as $2,000 in auctions and raffles. His staff has a file to track who's getting the tickets.
Schuring, who includes family among his campaign supporters, said he goes to the home Michigan games, sometimes taking his son, one of his friends or another family member or friend.
''These are young adults who put up signs and stuff envelopes and do the whole nine yards for the campaign,'' he said. ''My kids aren't kids. They are young adults and are an important part of my campaign.''
Potential conflicts
Jason Johnson, a political science professor at Hiram College, said he sees potential conflicts of interest in two directions — between lawmakers and OSU and between lawmakers and the person to whom they provide tickets.
His biggest problem is with lawmakers giving or selling tickets to someone else who could be indebted to them, including lobbyists.
Johnson equated giving tickets to a lobbyist to an ''in-kind contribution,'' ''payoff,'' or ''bribe.''
''That's where the real scandal is,'' said Johnson, who teaches a course that includes the politics of sports.
Tony Bledsoe, the legislative inspector general, sent memos to lawmakers about OSU tickets in 2006 and 2007 that said lawmakers ''are discouraged from selling the package or tickets at cost, so as to incur favor with a third party.''
''It's not something that's prohibited,'' Bledsoe said. However, ''it would create an appearance problem for people to do that.''
In particular, Bledsoe said he wanted to discourage lawmakers from giving lobbyists or others tickets in exchange for campaign contributions.
Rep. Vernon Sykes, D-Akron, said he gave two tickets he bought with campaign funds in 2007 to Roy Manley, a friend and his past campaign treasurer.
But he also sold at face value two tickets, which he bought with personal funds, to Ed Hogan, who is with New Visions Group, a Columbus-based lobbying firm.
Sykes said he and Hogan have a ''long-standing relationship'' that dates to when Sykes was a freshman legislator. Hogan has contributed $1,200 to Sykes' campaign fund in the past two years, according to campaign finance records.
Sykes said he was unaware of Bledsoe's directive and will no longer sell his tickets to a lobbyist.
''I don't want to give even an impression that something is unethical,'' he said. ''I will change that practice.''
Rep. Steve Dyer, D-Green, who sold his tickets this year at face value to Ed Kozelek, a lobbyist for Time Warner Cable, said Friday that he does not think he did anything wrong. Kozelek has not contributed to Dyer's campaign, according to campaign finance records.
Nevertheless, Dyer said he will repurchase the tickets from Kozelek, return them to the university and not buy them in the future.
''This is much more trouble than it's worth,'' he said. ''I never want them again.''
Rep. John Hagan, R-Alliance, has another practice. Last year and this year, he gave his ticket application to Rep. Thom Collier, R-Mount Vernon, who used it to buy two season tickets in addition to the four already available to him.
''Whatever he does, he does,'' Hagan said of Collier.
Collier said he needed Hagan's tickets because he had more people who wanted tickets than the number he had available. He said he gave or sold Hagan's tickets last year to a private school in his district.
''If I give the school two, I can never go myself or take anyone,'' he said. ''It works out well to have the two (extra) tickets.''
Wide appeal
In 2007, all but one of the 17 Akron-Canton area lawmakers bought OSU football season tickets through the university's lobbying office.
The one who didn't — Rep. William Batchelder, R-Medina — said access to the tickets does raise questions.
Batchelder, an OSU alumnus and former state appellate judge, said he prefers to watch the games on television. He said he can see how access to the tickets could raise a ''red flag,'' with the resale value as high as $5,000 for a pair of Michigan tickets.
''There's a whole gray area having to do with these kinds of things,'' Batchelder said. ''I've always leaned over backward to avoid that kind of thing.''
Rep. Brian Williams, D-Akron, disagreed.
''Hey, we're state representatives and this is our state university,'' said Williams, who purchases tickets with his own money. ''The fact we are able to buy tickets — I don't see anything wrong with that.''
Rep. Jim Carmichael, R-Wooster, said there is no conflict for lawmakers who buy tickets and then vote on the state budget, capital budget and other legislation that affects Ohio State.
''No, that's never entered my mind,'' he said.
Ethics investigation
Both Carmichael and Sen. Ron Amstutz, R-Wooster, are members of the Joint Legislative Ethics Committee (JLEC) that investigates possible misconduct involving lawmakers. Every member of the committee except one — Sen. Ray Miller D-Columbus — is getting OSU tickets this year through the university's lobbying arm. Carmichael and Amstutz buy tickets with personal funds.
JLEC, which meets in secret, reportedly reviewed the initial investigation into Widowfield's conduct on the morning of his resignation.
Carmichael said his access to tickets wouldn't have colored his ability to evaluate Widowfield's case.
''It was clearly wrong [what Widowfield did], whether I had the tickets or not,'' he said.
Amstutz, though, thinks the broader ticket issue might warrant further examination.
''It's worth having some discussion and giving some thought to what's appropriate and what isn't,'' he said.
Amstutz said it's fair for the public to ask, ''Why are they given access?''
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com. Dennis J. Willard can be reached at 614-224-1613 or dwillard@thebeaconjournal.com.
Former State Rep. John Widowfield could find himself a ''despised'' man if the investigation of his resale of Ohio State football tickets results in other public officials losing access to the highly coveted seats in the Ohio Stadium.
Get the full article here.
Those who got Buckeye football tickets in 2007
Prized Buckeye tickets challenge officials' ethics

