From the Cols Dispatch....
Charges filed against Delaware County Sheriff Al Myers
Monday, April 2, 2007 2:56 PM
By Jane Hawes
FOR THE COLUMBUS DISPATCH
DELAWARE, Ohio -- Delaware County Sheriff Al Myers was charged today with improperly taking money for off-duty work and for allowing a relative to receive commissions for vehicles purchased for the county.
Myers resigned Friday and will leave office June 1. The first-degree misdemeanor charges were filed by Delaware County Prosecutor Dave Yost this morning.
Myers, who had held his office since 1992, is accused of one count of improper compensation. Delaware County Prosecutor Dave Yost said Myers received payment while performing off-duty work in 2005 for the Delaware County Agricultural Society which oversees the annual Delaware County Fair, as well as for off-duty work at a horse sale at the county fairgrounds.
Another charge conflict of interest states that between September 2005 and November 2006 a member of Myers' family was paid commissions on the purchase of four motor vehicles through the Sheriff's Department.
Paul Nick, the OEC's chief investigative attorney, said his office had initiated the investigation and passed the information it uncovered to the county.
"It's been going for some time," Nick said. He declined to identify the source of the complaint which triggered the investigation.
Yost said an arraignment was scheduled for 11 a.m. Wednesday, pending the appointment of a visiting judge to handle the case. Yost said a visiting judge was being appointed because he didn't think Delaware Municipal Court Judge David Sunderman felt comfortable handling the case.
Yost said each charge carries with it a maximum penalty of 6 months in jail and a $1,000 fine.
Myers selected Chief Deputy Gil Borchers to serve as interim sheriff until his resignation becomes official on June 1.
Yost said Myers had the authority to appoint a replacement until his time as sheriff officially ended. On June 1, county commissioners would have the authority to appoint an interim sheriff, but sometime between June 6 and July 20, the Delaware County Republican Party's central committee would have to appoint a replacement to fill the balance of Myers' term through 2008.
Robert Cornwell, executive director of the Buckeye State Sheriffs' Association, said he had not heard that charges were filed against Myers, but “image-wise, it hurts all elected officials,” he said.
Myers has been embroiled in a series of personal and legal problems in recent years.
In 2001, commissioners agreed to pay former Deputy Wendell Jackson $50,000 to settle a racial-discrimination claim filed against the sheriff with the federal Equal Employment Opportunity Commission. Jackson, who is black, said he was the target of racial slurs by a white lieutenant.
The sheriff's office faced scrutiny again in 2004, when the Ohio Civil Rights Commission ruled that Myers wrongly fired Deputy Marissa Hurst after refusing her request for light duty during pregnancy. An arbitrator also ruled against Myers in the case and ordered the sheriff to reinstate Hurst. Hurst resigned from her job and was paid $150,000 by Delaware County as part of a settlement that ended the sexual-discrimination complaint.
More allegations against Myers came on Feb. 23 this year, when Deputy Brian Carter filed a complaint with the Ohio Civil Rights Commission. Carter claimed that Myers suspended him from regular duty for three days in August 2005 and restricted him from performing special duty for 30 days. Carter was punished for leaving a special-duty assignment.
And last week, a former lieutenant filed a federal lawsuit against Myers, claiming that the sheriff wrongly fired him in retaliation for his support of union organizing by sergeants.
Kevin A. Savage also claims that Myers fired him to preclude him from disclosing the sheriff's involvement in "certain illegal and/or unethical practices" and because he feared that the lieutenant would become a political rival.