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Clearcreek trustee case prompts questions about ethics inquiries

One township official voices frustration with pace of investigation.

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By Lawrence Budd, Staff Writer Updated 8:59 AM Monday, November 9, 2009

CLEARCREEK TWP., Warren County — An unresolved Ohio Ethics Commission investigation didn’t stop voters from re-electing Clearcreek Twp. Trustee Ed Wade, on Tuesday, Nov. 3.

While voting Trustee Greg McDonald out of office after 11 years, the township electorate came out for Wade — a trustee since 1977 — in larger numbers than for any other candidate in Warren County, other than for two large school boards in southern part of the county, according to final, unofficial vote totals.

Clearcreek Twp. Fiscal Officer Linda Oda says it’s time — after more than a year — for the commission to conclude its investigation of Wade’s insurance agency’s role in administering the township’s health insurance coverage, one way or the other.

“Even if it’s to clear him, they should come out with a response,” Oda said. “At some point, we’ve got to start questioning why we have state agencies that aren’t working.”

Bound by state law from discussing on-going investigations — or cases never referred for prosecution — Chief Investigative Attorney Paul Nick said the Ohio Ethics Commission is also hampered by a lack of staff (five investigators split 150 cases) charged with investigating ethics complaints against the state’s 550,000 public officials and employees.

“We do what we can with what we have,” Nick said. “The statutes that govern our commission mandate that the commission keeps its investigations confidential.”

Commission investigations have led to prosecutions and convictions of state and local officials and reimbursement of misspent public funds.

Nick was one of the special prosecutors of Bob Hupp, former director of the Clark County Emergency Management Agency. In March, Hupp was sentenced to 90 days in jail and ordered to pay more than $81,000 in restitution for theft in office and having an unlawful interest in a public contract.

Former Butler County Treasurer Carole Mosketti was convicted of a conflict of interest in May 2007 and paid $4,200 in restitution for hiring her granddaughter in another case stemming from work by the commission.

The Wade case isn’t unique for its lack of a quick — if ever — resolution.

Terry Blair was a Washington Twp. trustee when he and another trustee, Lee Snyder, became subjects of a state ethics investigation in 2005. The township also hired a lawyer to review allegations that they violated state law by voting on building projects involving their businesses.

The case, referred to Montgomery County prosecutors in April 2009, has since been returned to the ethics commission, Greg Flannagan, spokesman for the county prosecutor’s office, said last week.

County prosecutors decided there was insufficient evidence for a felony prosecution, but sent it on for possible misdemeanor prosecution in Kettering Municipal Court, Flannagan said.

Kettering prosecutors received the case from county prosecutors last week, Prosecutor John Everett said.

Now serving his first term as representative of the 38th District in the Ohio House, Blair could not be reached for comment.

In October 2008, state auditors referred to the ethics commission findings against Wade in connection with about $1.2 million in health insurance coverage provided to Clearcreek Twp. that was administered by his insurance agency.

Private lawyers advised Clearcreek Twp. that Wade’s agency could administer the township’s health insurance in November 2003.

However a state audit, aided by Oda, made a finding against Wade involving two laws prohibiting public officials from gaining something of value or having unlawful interest in public contracts.

In his only response to the allegations, Wade referred to the private legal advice supporting the relationship and said the township saved money and got better service as a result. His firm no longer administers township claims.

Thirteen months later, the ethics case remains unresolved, although Oda said the commission met on it back in May. Warren County prosecutors say the case hasn’t been referred to their office.

“It’s frustrating for everyone involved,” Oda said.

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I think it is time to get rid of them both. The new city building looks like a prison and people there are not friendly. The township is no better with people who look like something from a sifi movie. What ever happen to professionalism and accountability. I guess this is not needed in our town.

Dave
9:49 PM, 11/12/2009

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Why is it impossible to get rid of Wade? The same reason it's almost impossible to get rid of Agenbroad....MONEY & POWER

more of less
8:16 PM, 11/12/2009

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Are we sure Mcdonald did not have something to do with this. Face it, he lost, so why not stir the dirt. I hear that McDonald and Wade are not the best of friends anyway.

simple
3:09 PM, 11/12/2009

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Ms. Oda, ya think someone might be protecting him? LOL. Good luck with that. All you're doing is making "them" mad at you. But, 2 thumbs up for having the guts to try and make things right!

Well
11:06 PM, 11/11/2009

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I have lived in the Township for 25 years....
why is it impossible to get rid of Wade?? He is a crook that used his position for his own profit and that is disgusting.. Do you know the reason that the City residents can vote for the Township Trusteess?? because Wade has too many followers in the City. he would never let us Township split from City like Mason did years ago....
PLEASE...Wade is a criminal!!

Ruby
11:03 PM, 11/10/2009

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