It's all about Wayne. Truly, it is. Kevin Coughlin is pretty much the palace eunich, carrying out Wayne and Pete's bidding. He's been the beard all along for Wayne's bold move to Roetzelize the Summit County Republican Party...
Dispute is unique, GOP says
Summit party claims Brunner's rejection of appointee is unprecedented in court
By Stephanie Warsmith Beacon Journal staff writer
Published on Thursday, Mar 20, 2008
The Ohio Supreme Court is on new ground with a case filed by the Summit County Republican Party, the party's attorney said Wednesday in a brief filed with the court.
The high court has never decided a case involving a secretary of state soliciting negative information on a local party's recommended appointee to an elections board from the opposite party, state Sen. Tim Grendell, the party's attorney, said in the brief.
''There simply has never been a case like this one, where the secretary of state has brazenly demolished the legislature's statutory structure for maintaining bipartisan balance on local elections boards,'' Grendell said in the 44-page brief.
The party is challenging Ohio Secretary of State JenniferBrunner's decision to reject Brian Daley, the party's recommended appointee to the elections board, and instead appoint Akron Attorney Don Varian to the board.
Brunner said in a videotaped deposition last week that Wayne Jones, the Summit County Democratic Party's finance chair and a member of the elections board, told her she should not reappoint Summit County Republican Party Chairman Alex Arshinkoff to the elections board.
She said Jones also told her she should reject Daley and appoint Varian, who is involved in an effort to unseat Arshinkoff as chairman.
In Grendell's brief, he said Brunner, Jones and other local Democrats ''targeted'' Arshinkoff, and, after ''bushwhacking'' him, ''aimed their political guns'' at Daley, a former Hudson City Council president and retired business executive. He said these actions are ''unprecedented'' in Ohio.
Grendell said Daley is the ''victim'' of ''political chicanery, guilt by association, politics'' and a ''Brunner invited witch hunt.'' He said Brunner's office didn't attempt to verify the information provided on Arshinkoff and Daley, which included letters and newspaper articles and editorials.
Grendell said Brunner didn't subject Varian to the same level of scrutiny as Arshinkoff and Daley, including not reading Varian's resume. He said Daley is ''extremely competent'' and should have been appointed.
''Secretary Brunner and her staff have engaged in a deliberate effort to circumvent her legal duty and to defeat the Summit County Republican Party's statutory recommendations,'' Grendell wrote in the brief.
To allow Brunner's actions to stand would ''render the right of a local party executive committee to make a recommendation totally meaningless,'' Grendell said.
Grendell said Wednesday evening that his office looked through previous cases handled by the Supreme Court and ''couldn't find one that touched on this fact pattern.'' He said Jones solicited negative information on Arshinkoff and Daley and gave it to Brunner, who didn't give either of them the chance to see the information or respond to it.
''That's just flat out un-American,'' Grendell said in a phone interview. ''We have due process. It's one of the cornerstones of our Constitution.''
The party is asking the court to put Daley on the board and to nullify staff changes made March 5 by the election board.
At this meeting, Varian, Jones and Tim Gorbach, the other Democrat on the four-member board, voted to get rid of several board employees who were loyal to Arshinkoff. They also hired several people who are in league with state Sen. Kevin Coughlin, who is leading an effort to unseat Arshinkoff as chairman. Jack Morrison Jr., a Republican board member, was the lone ''no'' vote on these changes.
If the court sides with the party — and puts Daley on the board — the court should overturn these staff changes, Grendell said. Not doing so likely would result in 2-2 ties by the elections board that would have to be decided by Brunner.
''If the court agrees the denial was improper, then the secretary of state and Wayne Jones shouldn't get away with that or any of the benefits of their improper conduct,'' Grendell said.
Brunner's reply brief must be filed by the court by March 31. The party will then have five days to submit a response.
At this point, the court could make a decision. The court could require oral arguments but normally hasn't in this type of case.
Stephanie Warsmith can be reachedat 330-996-3705 or swarsmith@thebeaconjournal.com.
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