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Convicted of two ethics violations, Summit elections chairman battles Brunner to keep post
By Dennis J. Willard
Beacon Journal Columbus Bureau
Published on Wednesday, Nov 25, 2009
COLUMBUS: Jack Morrison Jr. has launched a pre-emptive strike to keep his seat as chairman of the Summit County Board of Elections.
Morrison, convicted on two misdemeanor counts of ethics violations, filed a writ of prohibition Monday in the Ohio Supreme Court to stop Secretary of State Jennifer Brunner from removing him.
In the court filing, Morrison maintains that Brunner and a hearing examiner she appointed, Gregory Peterson, are prepared to oust him this week even though they lack the authority to do so.
He has asked the justices to prevent them from forcing his removal until the Supreme Court can consider his arguments.
Peterson is expected to issue a report today.
At a two-hour hearing before Peterson last week in Columbus, Morrison objected to the process and argued his right to due process was being violated. Attorneys representing Brunner stated that the secretary of state has the authority to remove election board members.
Morrison was convicted for failing to disclose income from his son on financial documents filed with the Ohio Ethics Commission. His son purchased and sold property in the campus area to the University of Akron at the same time Morrison was a university board trustee.
Brunner asked Morrison to step down from the elections board. When he refused, she began the process to remove him.
Gov. Ted Strickland is pushing to remove him from the UA board. Morrison has also refused to step down from that
appointed position.
Morrison said Tuesday that he went to the Supreme Court because Brunner is violating his right to due process and because the Peterson hearing was meaningless because Brunner already has stated she has no choice but to remove him.
''She has created a facade of a process,'' Morrison said.
Morrison is turning to the court, at this point, because he believes Brunner is about to exercise ''quasi-judicial'' powers not authorized by law that will cause him injury, and he has no other recourse to stop her.
He said that to remove a public official the Ohio Constitution requires a hearing presided over by a judicial officer in an adjudicative setting. The process Brunner is pursuing offers no chance for appeal through the secretary of state, Morrison said.
Also, Morrison said, if his ethics convictions are overturned on appeal, then the only way for him to return to the elections board would be for Brunner to approve a nomination for him from the Summit County Republican Party.
Kevin Kidder, a Brunner spokesman, said ''our office believes there is no merit to Mr. Morrison's filing.'' He said there is no merit to Morrison's claims that his constitutional rights are being violated.
Morrison said last week that there was no precedent for Brunner to assign a hearing examiner to listen to his case and write a report.
Kidder disagreed Tuesday, saying hearing officers have been used commonly in the past.
''Hearing officers have been used for protests of candidacy, investigations and for disciplinary actions involving board members going back through the tenure of at least three secretaries of state, including Secretary Brunner. This is an established practice that has been used for years,'' Kidder said.
Dennis J. Willard can be reached at 614-224-1613 or dwillard@thebeaconjournal.com.
COLUMBUS: Jack Morrison Jr. has launched a pre-emptive strike to keep his seat as chairman of the Summit County Board of Elections.
Get the full article here.
Comments
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Akron, , OH
Posted 06:28 AM, 11/25/2009
It's nice to hear him squeal.
Oh! No! it's not about the money.......
Munroe Falls, Oh
Posted 07:49 AM, 11/25/2009
I can't wait to see what the apologists have to say on this one. Will it be the usual "look at what someone else done" or the "well this is just the same as a speeding ticket" or some other little clever line of garbage?
This guy has made a joke out of being a lawyer.
wads, OH
Posted 11:27 AM, 11/25/2009
just think..as our tax dollars for the court, the projects he and his son stole money from etc...then ask yourselves this..."how fast do you think that we, the taxpayers, could get in front of the supreme court if we aren't part of the fund raising GOP party they are? they are also just money sucking pigs anymore...such a shame
Akron, OH
Posted 11:34 AM, 11/25/2009
Because he's been charged with two ethics violations, I think he should be automatically removed.
Tallmadge, Oh
Posted 01:34 PM, 11/25/2009
Throw him out!
uniontown, oh
Posted 02:03 PM, 11/25/2009
Hey Jack, give it up, your an embarrassment.
Tallmadge, Oh
Posted 06:54 PM, 11/25/2009
And this jerk is the law director of Munroe Falls ?? Dump him !!!
Kent, Oh
Posted 07:20 PM, 11/25/2009
Regarding UA Board, Jack you know better than to have you son selling property to the University when you’re sitting on the Board. Not matter what you say it’s not going to look good and it didn’t. It doesn’t matter that the loan to your son and the subsequent repayment had nothing to do with the property the University bought.
