Joe Deters to Tamaya Dennard: 'Resign or I'll seek to remove you'
Hamilton County Prosecutor Joe Deters has issued an ultimatum to Cincinnati City Councilwoman Tamaya Dennard, who remains in office as she battles federal charges that allege she traded votes on development deals for cash.
"My message to Tamaya Dennard is: Resign in 48 hours or I'll seek to remove you," Deters told The Enquirer.
Deters spoke with Ohio Attorney General Dave Yost and together decided they would use a process that allows them to seek suspension of a public official via the Ohio Supreme Court.
Here's how it would work: The prosecutor and attorney general file a complaint with Chief Justice Maureen O'Connor, who then appoints a judicial panel to decide if such a move is warranted. The panel then issues a determination.
If the determination is for a suspension, Dennard would be suspended with pay. If she's not convicted, she'd keep the paycheck. If she is, the city can seek to have her repay her salary.
During the suspension, the law calls for the county probate court judge to name her temporary replacement. In this case, that would be Republican Hamilton County Probate Court Ralph "Ted" Winkler.
Deters is giving Dennard until Tuesday to resign before initiating the process.
Deters and Yost are Republicans; Dennard a Democrat. But Deters said the decision is solely based on facts in the case.
An affidavit attached to the charges outlines that an informant - now known to be Tom Gabelman, the lawyer working on behalf of the county to develop The Banks, - recorded conversations between himself and Dennard.
In those conversations, Dennard asked for and took $15,000 in exchange for voting in favor of development plan that would have moved a concrete plan into a West Side neighborhood. Neighbors opposed the idea.
"This is an embarrassment," Deters said. "Tamaya Dennard can do this the easy way or the hard way. I'm not going to sit around and watch this Dumpster fire anymore."
Deters said he is convinced that panel would agree Dennard should be removed from office. Dennard was arrested Tuesday on federal charges alleging she traded votes on development deals for payment. That case is pending.
The Cincinnati City Charter allows for Dennard to continue serving – and collecting her $65,000 paycheck – in the midst of the case. Her lawyer, Erik Laursen, declined to comment.
Five City of Cincinnati residents – Hyde Park resident Mark Miller, his sons, and State Representative Tom Brinkman – are seeking Dennard's removal as well, but it's a more difficult process. That filing, made in Hamilton County Probate Court Thursday, argued Dennard is unfit to serve.
Ohio law allows a citizen, along with four co-signers, to seek the removal of an elected official for malfeasance or misfeasance in office if they have accepted money for their service in office other than their salary.
The probate court process is a quasi-criminal process, similar to impeachment. It's filed in probate court, but prosecuted by the city solicitor, who has the discretion to turn down the complaint or move forward.
The punishment is removal from office. If that were to happen, Dennard would have the right to appeal the decision.
A hearing on the matter is set for March 9.
“The ultimatum issued by Joe Deters clearly vindicates the complaint we filed last week to start the citizen-initiated process for the removal of Tamaya Dennard," said Cincinnati-based attorney Curt Hartman, who filed the complaint on behalf of the five citizens. "We are pleased to see Joe Deters and David Yost now engaging in the process to help clean up Cincinnati City Hall. The citizens and taxpayers of Cincinnati deserve a government that puts those citizens and taxpayers first.”