Initial hearing held in case against Hillsboro mayor

A pretrial hearing in a case filed by a city employee against Hillsboro Mayor Drew Hastings was held in Highland County Common Pleas Court, Probate Division, on Wednesday morning.

As previously reported in The Highland County Press, Hillsboro resident and City of Hillsboro employee Craig R. Jackson, as an elector within the city, filed action against Hastings, alleging misfeasance or malfeasance in office.

In a sworn complaint pursuant to Section 733.72 of the Ohio Revised Code, Jackson, along with electors his wife, Ariana Jackson, and Hillsboro residents Lisa Leeth, Kirby Ellison and Betty Bishop, Jackson alleges that Hastings is guilty of misfeasance or malfeasance in office.


Following a search warrant executed by the Highland County Sheriff’s Office, it was found that there is probable cause to believe that in the city of Hillsboro the following criminal offenses have occurred: forgery, in violation of 2913.31 of the Ohio Revised Code; and theft in office, in violation of 2921.41 of the Ohio Revised Code.

Hastings’ attorney, James Boulger, appeared at the hearing on the mayor’s behalf, although he told Highland County Probate Court Judge Kevin Greer that Hastings was available by telephone.

Craig and Ariana Jackson, who attended the hearing, were represented by attorney Fred Beery.

Judge Greer told counsel that after research, he believes the case Stokes vs. Probate Court of Cuyahoga County “would indicate … if the court or the jury would find misconduct, the public official – in this case, mayor – could be removed only for the term in which the misconduct occurred.”

Hastings’ first term ends Dec. 31, 2015.

Beery said that he and Boulger “have had nothing but discussions” on the Stokes case and “carryover potentials for it.”

The attorneys are looking into cases “where terms could be treated as synonymous under certain circumstances, as the previous term might merge with the subsequent term,” according to Beery.

“Under what circumstances those occur, we’re still debating,” Beery said.

Boulger said that the Stokes case “remains good law.” He referenced the Stauffer vs. Smith case in Trumbull County from 2015, in which a resident sought the removal of Trumbull County Engineer Randy Smith. The Stokes case was also applied in this instance, “resulting in the Stokes case being still good,” Boulger said.

“Whether or not the acts that are alleged in the complaint are discrete and embedded within a specific term or of an ongoing nature I think is fairly easy to resolve,” Boulger said. “They seem to be discrete and bound within the term that is presently being served.”

Judge Greer recommended a second pretrial hearing be scheduled to give both attorneys more time to research other cases that may apply, but he said that the court was leaning toward “the mootness issue” at this time.

“I’ve read a lot of cases,” Judge Greer said. “The mootness issue is certainly where this court is leaning, based on the allegations and the complaint.”

A second pretrial has been set for Jan. 4 at 9 a.m.