With the threat of a criminal trial now behind them, two
members of the so-called “Brown County Five” continue to see their employment
anchor hold with the Ohio Department of Natural Resources.
Indeed, one of the defendants even has his old job back within
the department’s Ohio Division of Wildlife. Meanwhile the other person has
decided to hold fast to her position in the department’s human resources
section.
Todd Haines has returned as the supervisor for the Wildlife
Division’s District Five (southwest Ohio) office while Michelle Ward-Tackett
has decided to remain as a Natural Resources Department’s human resources
supervisor, said departmental spokesman Matt Eiselstein.
Haines and Ward-Tackett in 2010 were named as defendants in
a matter that led back to activities of the former state wildlife officer
assigned to Brown County, Allan Wright.
Named with Haines and Ward-Tackett were former Wildlife
Division chief David M. Graham and two other high-ranking agency officials;
Randy L. Miller and James E. Lehman.
It was alleged by Brown County prosecutor Jessica Little
that the five violated the law by treating Wright’s conduct as an internal disciplinary
matter rather than as a criminal one. This action was taken after what later
was charged as a poorly done investigation by the Ohio Inspector General.
All five defendants faced potential felony conviction for
their alleged conduct.
However, the five fought the charges by claiming their right
against self-incrimination via what’s called the Garrity Warning rule which protects
certain public employees who fear their comments will cost them their jobs and
possibly result in criminal charges.
The five’s appeal eventually reached the Ohio State Supreme
Court. There the Supremes unanimously agreed that the Brown County Five did not
have to answer questions originally posed by the Ohio Inspector General’s
office.
Subsequently Little dismissed all charges against each of
the five defendants.
Between the time of the charges being filed against the
Brown County Five, Graham was fired while Miller and Lehman eventually retired.
That being said, the Natural Resources Department found other jobs within the
agency for both Haines and Ward-Tackett.
That is, until recently as Haines was awarded his old job
back while Ward-Tackett decided to remain in the Natural Resources Department’s
human relations section instead of returning to a generally similar post with
the Wildlife Division.
“Neither (Haines nor Ward-Tackett) has any back pay pending
as they have always remained in the employ of the department,”Eiselstein also
said.
As for whether the Natural Resources Department intends to
see the return of Graham - let alone Wright – that’s not going to happen, says
Eiselstein as well.
“We do not have the expectation that either Mr. Graham or
Mr. Wright will be rehired as neither is currently employed by the department,”
Eiselstein said.
Even so, the Brown County
Five remain united on another legal fight. All five are presently
seeking judgment against the
Office of the Brown County (Ohio) Prosecutor, the Ohio Inspector General
Office, the Ohio Department of Natural Resources, current Brown County
Prosecutor Jessica A. Little, former ODNR deputy director Anthony J. Celebreeze
III, former ODNR director Sean D. Logan, current ODNR Director James Zehringer,
and Ohio Inspector General Randell Meyer, Deputy Inspector General Ronald E.
Nichols and former Ohio Inspector General Thomas Charles.
The five are asking for a
federal jury trial before the U.S. District Court's Southern District of Ohio
Court.
Each of the five
plaintiffs is seeking $200,000 in judgment plus another $200,000 per plaintiff
“…for punitive damages, plus interest, costs, attorney fees and all further
relief to which Plaintiffs are entitled.”
This associated legal
matter is now threading its way through the courts system.
- By Jeffrey L. Frischkorn
- JFrischk@Ameritech.net
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