After avoiding felony charges in
exchange for pleading “no contest” to two misdemeanor charges nearly three
years ago, former Ohio Division of Wildlife official David A. Warner has regained
employment with the agency.
Warner’s first day back with the Wildlife
Division was August 10. He assumed the same position he held at the time of his
2012 dismissal: field supervisor.
In a legally binding five-page
agreement between Warner and the Ohio Department of Natural Resources, the
former will receive $66,000 in back pay.
Also agreed to is a $27,000 payment
by the Natural Resources Department for employer contribution to Warner’s
retirement package along with being credited with lost seniority.
.
Coupled with that payment and credit
comes a pledge by the Natural Resources Department to “...take the reasonable
legal steps for Warner to receive credit with the Public Employees Retirement
System…”
The document says as well that Warner
is to be given a 60-working day suspension, though this action was deemed retroactively
served from September 21, 2012 to December 17, 2012.
In exchange for his signature on the
document, Warner does agree “...to fully waive any and all claims related to
the termination (of) his employment with (the) ODNR/ODW.”
Warner signed the five-page
settlement August 4th while Natural Resources Director James
Zehringer added his signature August 24th.
All of this came about as Warner
sought legal relief by filing a civil service appeal with the Ohio Personnel
Board of Review as well as submitting an appeal in the Franklin County Court of
Common Pleas.
Originally, Warner was indicted in
July, 2012 for alleged theft in office – a fifth degree felony, alleged
tampering with records – a third degree felony, and alleged dereliction of duty
– a third degree misdemeanor.
Those charges were swapped out in November,
2012. That was Warner agreed before the Brown County Court of Common Pleas to
plead “no contest” to a pair of lesser misdemeanors: obstruction
of official business as well as unauthorized use of property.
Warner also agreed to pay
restitution to the Wildlife Division for wages he did not earn, a keystone item
demanded by Brown County Prosecutor Jessica Little as a condition linked to the
reduction of charges.
Based on information supplied by the Ohio Department of Natural Resources, on May 13, 2013 Warner issued a check for $708.76 to the agency's director, James Zehringer.
Based on information supplied by the Ohio Department of Natural Resources, on May 13, 2013 Warner issued a check for $708.76 to the agency's director, James Zehringer.
Subsequently, Warner was fired
September 21, 2012 while Roberts was discharged September 28, 2012.
Yet that was then and this is now as
Warner has again put on his Wildlife Division-issued uniform, working since
August 8th in the agency’s Wildlife District One (Central Ohio)
environs.
And the mutually acceptable
settlement notes in legal jargon how both parties want to put the affair behind
them and to move on.
“Except as specifically set forth
herein, Warner and (the) ODNR/ODW wish to bring a complete, final and
irreversible end to any and all claims and disputes…” which have been raised or
ever will be raised regarding the issue related to the Warner matter.