COLUMBUS, Ohio — Ohio Senate Republican leadership last week described alleged ethics violations submitted against Ohio Senator Brian Chavez as having “failed,” but the Joint Legislative Ethics Committee could still investigate the allegations.
The activist group Washington County for Safe Drinking Water sent allegations to the Joint Legislative Ethics Committee on Jan. 20 that Sen. Brian Chavez (R-Marietta) has used his position to change oil and gas industry regulations for personal gain. Chavez represents much of southeast Ohio including Athens County in Ohio Senate District 30.
The group argued that Chavez, through his role on the Ohio Senate Energy Committee, fast-tracked legislation that would benefit the fracking waste injection industry. The group also argued Chavez has ties to the industry which he did not properly disclose.
Chavez’s office did not respond to the Independent’s request for comment on this story in time for publication.
The Ohio Senate newsroom site On the Record posted an article on Feb. 5 stating that the allegations against Chavez had “crashed and burned.” Ohio Senate Majority Caucus Director of Communications John Fortney shared the article with the Athens County Independent the next day.
Fortney and On the Record both referred to the 14-day window outlined in the Legislative Code of Ethics that requires the Joint Legislative Ethics Committee notify an accused legislator within 14-days of a complaint’s filing.
“Within fourteen days after the filing of any complaint, the chairperson shall deliver a copy of the complaint to the accused person,” the Legislative Code of Ethics states.
Fortney and On the Record argued that because Chavez apparently did not receive notice of a complaint having been filed against him within 14 days of Washington County for Safe Drinking Water sending allegations to the Joint Legislative Ethics Committee, the committee must have declined to pursue the allegations against Chavez.
“This meritless allegation collapsed under its own weight, falling outside the 14-day window to be accepted as outlined in the Legislative Code of Ethics,” Fortney told the Independent in an email. “This was nothing more than a baseless smear campaign and publicity stunt that was exposed as such.”
However, the Washington County for Safe Drinking Water’s allegations could not be immediately filed as a complaint under Ohio law, according to a letter the Joint Legislative Ethics Committee sent to the group, and which group member and spokesperson Hillary Royster shared with the Independent.
Legislative Inspector General Tony Bledsoe told the Independent that the determination of whether information submitted by members of the public to the Joint Legislative Ethics Committee constitutes an official complaint is “fairly straightforward.”
Statements submitted to the committee “made on personal knowledge” alongside sworn affidavits would be immediately classified as formal complaints, according to Ohio law.
Washington County for Safe Drinking Water’s claims were based upon a review of public records.
“A review of public documents does not constitute personal knowledge of the elements of the alleged violations,” the letter from the Joint Legislative Ethics Committee told Washington County for Safe Drinking Water.
In a response email, Royster asked for elaboration on what the Joint Legislative Ethic Committee defines as “personal knowledge” but did not receive information beyond what was included in the letter.
In his response to Royster, Bledsoe told her, “The Committee has the authority to adopt and issue a Complaint should it find reasonable cause to believe a violation has occurred.”
Royster told the Independent on behalf of the organization, “Based on [the Joint Legislative Ethics Committee’s] response it appears premature to characterize the complaint as resolved or inconsequential. We trust that [Joint Legislative Ethics Committee] will carefully consider the ethical implications of Senator Chavez’s personal and familial industry ties and conduct a thorough investigation.”
“It is also worth noting that commentary from individuals who are not members of the [Joint Legislative Ethics Committee] does not reflect the Committee’s internal deliberations or decision-making process,” Royster said.
When the Independent reached out to Fortney for additional comment following its review of the Legislative Code of Ethics and interview with Bledsoe, Fortney said, “I stand by my earlier statement that this publicity stunt collapsed as nothing more than meritless allegations.”
Bledsoe declined to comment in detail on how the Joint Legislative Ethics Committee handles information “that comes in the door,” but does not immediately qualify as an official complaint.
The Joint Legislative Ethics Committee told Washington County for Safe Drinking Water in its letter, “Further proceedings of the Committee, if any, regarding this matter are confidential.”
According to the Legislative Code of Ethics, the committee may bring complaints against legislators “by affidavit, based upon facts that constitute reasonable cause to believe that a breach of privilege, misconduct, or a violation of this Code of Ethics or [Ohio Revised Code] … has occurred.”
Previously, Bledsoe told the Independent that for the committee to bring an official complaint against a legislator, at least eight members of the 12-member, bipartisan committee would need to find probable cause that a violation had occurred.
There is not a specific timetable outlined in the Legislative Code of Ethics for responding to allegations like those submitted by Washington County for Safe Drinking Water.
