UPDATED II: City employee files action against Hastings; search warrant issued
By Rory Ryan
The Highland County Press
Hillsboro resident and City of Hillsboro employee Craig R. Jackson, as an elector within the city, has filed action against Hillsboro Mayor Drew Hastings – alleging misfeasance or malfeasance – in the Probate Division of Highland County Common Pleas Court.
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.
Meanwhile, The Highland County Press has confirmed that a search warrant was issued for the city building on Wednesday, Dec. 16, following the court filing. The Highland County Sheriff's Office executed the warrant.
The city of Hillsboro has not responded to requests for comments.
Hillsboro Police Chief Todd Whited said he request that the Highland County Sheriff's Office handle the search warrant.
Highland County Common Pleas Court Juvenile and Probate Judge Kevin L. Greer said he is required to have an initial hearing within 10 days and will possibly schedule the hearing sometime next week.
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, according to records filed with Highland County Common Pleas Court on Dec. 17, Wilkin said he did not sign the letter and he was out of town on the day the check authorization request was made.
During a bid opening at a September 2013 meeting of the Highland County Board of Commissioners, Hastings, in the name of his Firehouse Square Partners LLC, submitted the high bid of $42,000 for the Highland County Annex Building and parking lot.
The bids were originally scheduled to be opened at the Sept. 18, 2013 commissioners' meeting; however, commissioners said due to an error in their office, the bid opening was delayed. For more information, see http://www.highlandcountypress.com/main.asp?Search=1&ArticleID=19779&SectionID=4&SubSectionID=83&S=1.
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At the Dec. 14 Hillsboro City Council meeting, Mr. Jackson said that Hastings’ words on Facebook: “When are people going to figure out that we are in a Revolution in this Country, Blacks have all but formally declared war on whites," have put him in “an unsafe work environment.”
“Now, I’ve got people looking at me crazy,” Jackson said. “I’ve been here for 46 years, and the last month, with all this stuff going on, I’m in an unsafe work environment.
“I went into the military, and I protected my country. Now who’s going to protect me from the city of Hillsboro? All of these people are jumping down my throat and looking at me like I’m some kind of peasant or dog or like I’m going to do something. That’s the situation I’m in now.”
Jackson said that people make obscene gestures and yell racial slurs at him as he works.
“When [Hastings] said ‘choose sides,’ people have, and I see it every day as I’m working,” Jackson said.
For more information, go to: http://www.highlandcountypress.com/main.asp?SectionID=2&SubSectionID=73&ArticleID=30685&TM=55713.26.
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Ohio Revised Code Section 733.72 states:
Charges against municipal officers filed with probate judge – proceedings.
When a complaint under oath is filed with the probate judge of the county in which a municipal corporation or the larger part thereof is situated, by any elector of the municipal corporation, signed and approved by four other electors thereof, the judge shall forthwith issue a citation to any person charged in the complaint for his appearance before the judge within ten days from the filing thereof, and shall also furnish the accused and the village solicitor or city director of law with a copy thereof. The complaint shall charge any of the following:
(A) That a member of the legislative authority of the municipal corporation has received, directly or indirectly, compensation for his services as a member thereof, as a committeeman, or otherwise, contrary to law;
(B) That a member of the legislative authority or an officer of the municipal corporation is or has been interested, directly or indirectly, in the profits of a contract, job, work, or service, or is or has been acting as a commissioner, architect, superintendent, or engineer in work undertaken or prosecuted by the municipal corporation, contrary to law;
(C) That a member of the legislative authority or an officer of the municipal corporation has been guilty of misfeasance or malfeasance in office.
Before acting upon such complaint, the judge shall require the party complaining to furnish sufficient security for costs.