Attorney General to assign special prosecutor in Hillsboro administration case
By Rory Ryan
The Highland County Press
Following a request from Highland County Prosecuting Attorney Anneka Collins, the office of Ohio Attorney General Mike DeWine is appointing a special prosecutor to the allegations of theft in office and forgery within the Hillsboro city administration.
“The Highland County Prosecuting Attorney requested a special prosecutor from our office over the matter and our office today (Dec. 31, 2015) accepted that request,” a spokesman from the Ohio AG’s office told The Highland County Press this week.
According to a Dec. 16 search warrant signed by Highland County Common Pleas Court Judge Rocky Coss, 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.
The Highland County Sheriff's Office executed the warrant. Hillsboro Police Chief Todd Whited said he requested that the HCSO handle the search warrant. The warrant included searches of the mayor's office, safety and service director's office and the auditor's office.
The city of Hillsboro has not responded to requests for comments.
In addition, as previously reported, Hillsboro resident and City of Hillsboro employee Craig R. Jackson, in a sworn complaint pursuant to Section 733.72 of the Ohio Revised Code, along with city electors his wife, Ariana Jackson, and Hillsboro residents Lisa Leeth, Kirby Ellison and Betty Bishop, alleged that Hillsboro Mayor Drew Hastings is guilty of misfeasance or malfeasance in office.
Mr. Jackson alleges in the court filing:
1. That an officer of the municipal corporation, Drew Hastings as mayor, defendant, is or has been interested, directly or indirectly, in the profits of a contract, job, work, or service; and,
2. That an officer of the municipal corporation, Drew Hastings as mayor, defendant, has been guilty of misfeasance or malfeasance in office.
3. The following facts are offered in support of the allegations:
Investigation revealed that the defendant (Hastings) recovered a deposit he paid to the city under the vacant building ordinance by preparing and submitting a letter to the city auditor utilizing the signature of the city safety and service director without lawful authority and without being entitled to the refund.
The auditor issued the refund to the defendant's business, Firehouse Square Partners, pursuant to the false letter. A copy of the said letter, payment and refund is attached as exhibit A hereto.
4. The relator request that the city law director be appointed to represent the complaint in this case pursuant to law.
On June 24, 2015, Hillsboro Safety and Service Director Todd Wilkin, who was appointed by Hastings, supposedly wrote to Hillsboro City Auditor Gary Lewis: "Please issue a refund of the $500 Vacant Building Registration Fee paid in November 2014 for the property at 135 North High Street. The building is no longer considered to be a vacant building."
The refund was to be made payable to Firehouse Square Partners, 100 S. High St., Hillsboro.
A purchase order for the refund was signed by the auditor on June 30, 2015.
However, in court filings on the investigation that were made available on Dec. 17, Wilkin states he did not sign the authorization for the mayor's $500 reimbursement. Wilkin told investigators that he was out of town on June 24, 2015.
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According to court records, Wilkin told Chief Whited and an agent with Ohio BCI that in November 2014, Hastings paid a fee of $500, as required by the vacant building ordinance in the Hillsboro City Code. This fee was for the property located at 135 North High St. in Hillsboro.
Wilkin told officers that in June 2015 he received a request from Heather Collins and Debbie Sansone, both administrative assistants in the city offices, to reimburse Hastings the $500. Wilkin told officers that he sent an email to Sansone with proper procedures outlined in the ordinance for reimbursement. Wilkin turned over copies of paperwork showing authorization to reimburse.
Moreover, Wilkin told officers that it was not his signature on the June 24, 2015 letter to City Auditor Gary Lewis, and that he did not authorize the payment or his signature to be used for the reimbursement.
Wilkin said that reimbursement can only be made after inspection by the Paint Creek Joint EMS and Fire Department. Wilkin said that he had an ink stamp signature which matches the signature on the document, but that he was out of town on June 24, 2015, the date of the authorization for the reimbursement.
Whited said he had checked with Paint Creek Joint EMS/Fire District and no records were found on any inspection in 2015 for the property at 135 North High St. in Hillsboro.
In addition, Whited said that he has received information from city employees that Mayor Hastings or persons driving Hastings' truck have dumped building materials and carpet into the city-owned Dumpster located on Railroad Street in Hillsboro. The last occasion was reportedly on Dec. 3 or Dec. 4 of 2015 and witnessed by several city employees, including the Public Works Supervisor.
Employees were aware at the time that Hastings was doing work at his personally owned properties in Hillsboro. A retired city employee told Whited that he has assisted Hastings, while on city work time and in a city vehicle, remove items from Hastings' properties at 108 Gov. Trimble Place and at 107 West Beech St. in Hillsboro and dispose of them in the city Dumpster on Railroad Street.
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.
At a Dec. 23 pre-trial hearing before Highland County Probate Court Judge Kevin Greer, Hastings’ attorney, James Boulger, appeared on the mayor’s behalf.
Hillsboro City Law Director represented plaintiffs Craig and Ariana Jackson.
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 ended Dec. 31, 2015.
A second pre-trial hearing is set for Jan. 4.