Ohio Elections Commission:
Sarbach vs. Kathy Magel,
David Lindower, William Smith & Greg Wernet (case No. 2002E-027)
The
Complaint
This complaint was filed by Gregory R. Sarbach against Kathy
Magel, David Lindower, William smith & Greg Wernet regarding
false statements made on a flyer circulated in the fall 2001
General Election.
Testimony in a previous complaint (Snyder
vs. Concerned Citizens for the Fair Treatment of Stray Animals,
Case No. 2001E-076) was heard in an Ohio Elections
Commission Hearing on May 30, 2002.
In
the complaint, Gregory R. Sarbach, states the following:
“Sworn testimony in the aforementioned complaint case
implicates candidates Kathy Magel of …, David Lindower of …,
William Smith of … and Greg Wernet of …, all of North Canton,
Ohio 44720 in that they knowingly and with intent to affect the
outcome of the election, caused a flyer (attached) containing a
false statement to be produced and/or duplicated for
distribution to the electorate prior to the November 2001
General Election. It is my understanding that the ill formed PAC
was “duped” by Mrs. Magel & Mr. Smith into believing the
statement was factual. Mr. Lindower, Mr. Wernet, & Mr. Smith
caused the slanderous statement to be reproduced for
distribution by the PAC. This false and slanderous statement
caused my defeat in said election by 27 votes. This action was
particularly egregious because Mrs. Magel was and is a sitting
Council person and Mr. Lindower is a retired police chief.
Sworn testimony also revealed that the flyer listed an
incorrect name and address for the treasurer of said PAC. To my
knowledge, no one had accepted responsibility for producing said
document but it is suspected to be Mrs. Magel who did not appear
after being subpoenaed by the Commission.”
A quick grasp of this issue can be found by reading
the
complaint,
the affidavit of the four respondents to the Ohio
Elections Commission, and then
the transcript of the Ohio
Elections Commission Hearing for October 10, 2002. The other
documents are general correspondence.
The Outcome
Campaign election law violations cost taxpayers!
Due to this hearing before the Ohio Elections
Commission in Columbus, Ohio,
North Canton
taxpayers were billed $666.60. This is because
William Smith subpoenaed North Canton Law Director Roy Batista to attend on behalf of Kathy Magel. This is
documented in
an October 14, 2002 letter
to the President of North Canton City Council, Jon Snyder.
I did not believe that any of these activities involved North
Canton City business.
The issue before the Ohio Election Commission was whether
candidates violated campaign election law during their personal
campaign activities in the fall 2001 General Election. This had
nothing to do with North Canton City business.
I submitted the transcripts of both the May 30, 2002, and the
October 10, 2002, Ohio Election Commission hearings to state
auditors for their review. I believed that with a complete
understanding of the circumstances of the billing, that it would
be clear that the Law Director was not handling city business
and therefore, payment should not have been made with North
Canton City funds.
I believe the North Canton City Law Director was pulled into
activities that involved violations of Ohio Election Laws by
private citizens and that this had nothing to do with city
business.
In a reply from the
Ohio State Auditor’s office dated June 20, 2003, I have been
advised that the reimbursement of the Law Director is a decision
that lies with the City Council.
Prior to the billing, I was assured that all of this would
come before City Council for approval of the payment. I am not
aware that anyone other than the President of City Council, Jon
Snyder, authorized payment of this invoice under his authority
as President of City Council
Why were Kathy Magel and William Smith not billed for the
services of the North Canton Law Director?
This issue had nothing to do with city business and city
funds should not have been expended!
Documentation
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Complaint from Gregory R. Sarbach
to the Ohio Elections Committee, dated June 13, 2002
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Affidavit to Ohio Elections Commission from Kathy Magel
dated June 24, 2002 |
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Affidavit to Ohio Elections Commission from David Lindower,
dated June 24, 2002 |
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Affidavit to Ohio Elections Commission from Greg Wernet,
dated June 25, 2002 |
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Affidavit to Ohio Elections Commission from William Smith,
received June 25, 2002. |
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Notice dated June 14, 2002, setting date of Probable Cause
Hearing for June 27, 2002 |
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Letter reporting a finding of probable cause,
dated June 27, 2002 |
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Letter setting date of hearing
before the commission for October 10, 2002, dated September
20, 2002 |
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Ohio Elections Commission Agenda for October 10, 2002
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Letter reporting the Commission
finding for a violation, dated November 11, 2002 |
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Letter of reprimand to Kathy Magel, David Lindower, William
Smith and Greg Wernet, dated October 24, 2002
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Verbatim transcript of the Ohio Elections Commission Hearing
for May 30, 2002
This is a 64 page transcript of the testimony that was
presented to the Ohio Elections Commission hearing on this
complaint. |
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Request by William Smith for the Ohio Elections Commission to
subpoena Mr. Roy Batista, North Canton Law Director
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Invoice from North Canton Law Director for attendance at the
October 10, 2002 Ohio Elections Commission Hearing
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Purchase order approval for payment to law Director for
attendance at Ohio Elections Commission Hearing on behalf of
Kathy Magel and William Smith |
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Press Coverage
Canton Repository:
Akron Beacon Journal
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N. Canton flier subject of complaint
(June 18, 2002) |
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Council members lose in cat fight
(October 15, 2002) |
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