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| Ohio Attorney General Dave Yost on Friday asked the Ohio Supreme Court to commence suspension proceedings against indicted Cleveland Councilman Ken Johnson. |
By Robert Higgs
CLEVELAND, Ohio — Ohio Attorney General Dave Yost on Friday asked the Ohio Supreme Court to commence suspension proceedings against indicted Cleveland Councilman Ken Johnson.
Yost made the request under provisions in the Ohio Revised Code that authorize suspension of local public officials who, like Johnson, have been charged with a felony relating to their official duties.
Johnson was arrested Tuesday morning on 15 charges from a federal grand jury that among other things accuse him of swindling the council out of $127,000 by submitting false expense reports.
“Sadly, it’s become routine for us to initiate suspension proceedings for indicted city council members – Ohioans deserve representation free of public corruption and we must constrain those that abuse their power,” Yost said in a statement. “The suspension of a public official facing charges of public corruption is the proper remedy while the criminal case is resolved.”
If Johnson were suspended, he would not be allowed to participate in the business of Cleveland City Council. The law allows for a probate judge to appoint an interim replacement.
Johnson would, however, retain his title as a councilman and continue to receive his salary of nearly $87,000 a year.
Johnson could not immediately be reached for comment.
Cleveland City Council President Kevin Kelley said the action should provide confidence to the public that city government and taxpayer dollars are protected while the criminal charges are adjudicated.
Johnson has been a member of Cleveland City Council since 1980, representing a ward that includes Shaker Square and portions of the Buckeye-Shaker, Woodland Hills, and Mount Pleasant neighborhoods.
His longtime aide, Garnell Jamison, and John Hopkins, who served as the executive director of the Buckeye-Shaker Square Development Corp. in Johnson’s ward, also were accused of crimes.
All three pled not guilty Tuesday U.S. District Judge John Adams. They were released on personal bonds.
Yost’s request asks for Ohio Chief Justice Maureen O’Connor to appoint a three-member commission to consider his request.
The commission, comprised of retired judges, then has 14 days to review the case and decide. If it approves a provisional suspension, Johnson could challenge that decision.
A suspension would generally remain in place until the criminal proceedings are resolved, according to the Ohio Supreme Court.
This is not the first time Yost has sought suspensions for public officials. He has argued it is the proper action to balance the accused’s right of a presumption of innocence with the public’s interest to have a functioning government.
“Without question, the criminal acts in the federal indictment are directly tied to Johnson’s position as a member of Cleveland City Council,” Yost said in his court filing. “To be sure, Johnson’s alleged criminal conduct adversely affects the interests of the public.”
Last July, Yost sought the suspension of four members of Toledo City Council accused of corruption. In December he requested suspensions for two indicted members of Cincinnati City Council.
In those cases, the public officials voluntarily agreed to suspensions until the charges could be resolved in court.
