Dann Demands Proof / Probe of Workers' Comp Lacking

Here is follow up on yesterday's letter Senator Dann sent to Republican Attorney General Jim Petro.

First, from the Blade:

“Jim Petro has been so busy covering the tracks of the other constitutional officers of the state, he forgot that the constitution requires he exercise independent judgment,” Mr. Dann said. “I’m not asking him to do anything differently than any public corporation in the world expects their general counsel to do.”...

“We have a consistent pattern of an attorney general unwilling to stand up to anybody even when they’re wrong,” Mr. Dann said. “If he wants to stand up to me that’s great. But I think it’s more important for him to stand up to state agencies engaging in pay-to-play.”

From the Dispatch:

"Jim Petro has forgotten what his job is: He’s the people’s lawyer first," said state Sen. Marc Dann, a Youngstown-area Democrat.

New: Today's Follow up: August 31, 2005 The Honorable Jim Petro Ohio Attorney General 30 E. Broad St., 17th Fl. Columbus, OH 43215-3428 VIA HAND-DELIVERY Dear Mr. Petro: I am writing to follow-up on this morning’s newspaper reports in which you are paraphrased as saying that your role “with the [Bureau of Workers’ Compensation] was more as attorney than investigator.” (see “Legislator asks Petro for proof of probe,” The Plain Dealer, Wednesday, August 31, 2005). I was astonished to read how narrowly you view your office’s duty to Ohio taxpayers. I hope I am wrong, but you seem more concerned about defending the BWC than protecting Ohioans from public corruption. In response to your belief that you lacked the authority to investigate BWC in 2004, I suggest you review Section 109.84(A) of the Revised Code, which states: Upon the written request of the governor, the industrial commission, the administrator of workers’ compensation, or upon the attorney general’s becoming aware of criminal or improper activity related to Chapter 4121. or 4123. of the Revised Code, the attorney general shall investigate any criminal or civil violation of law related to Chapter 4121. or 4123. of the Revised Code. Note this authority was available to you when the SEC first notified your office about the alleged malfeasance at BWC. As you may be aware, Chapters 4121 and 4123 of the Revised Code regulate the Ohio Bureau of Workers’ Compensation. Specifically, these chapters include sections establishing standards, rules and operating procedures of BWC and the BWC Oversight Commission. The SEC’s allegation, if true, that BWC abused its discretion in paying out unlawfully excessive fees would certainly constitute a violation of one these sections, including, but not limited to, the requirement that BWC funds be invested in the same manner a reasonable, prudent investor would invest. As I am sure you will see after your review of R.C. 109.84(A), the Office of Attorney General had ample authority to investigate the SEC’s allegations in 2004. As I have said before, the Attorney General is—first and foremost—the People’s lawyer. I urge you to stop hiding behind mischaracterizations of Ohio law and ethical rules, and start putting the people first. Sincerely, Marc Dann

Comments

[WestEnder]

Would the counsel hired by Petro to represent BWC uncover evidence of impropriety in the course of their work? If so, what is their obligation to reveal it? In other words, if their client is BWC, then is it in their client's best interest NOT to reveal evidence of corruption?

But if their client is the AG, then what is their obligation? Is it to the AG or the people? If it is to the AG, then he controls the "investigation". If it is to the people, then it would be reasonable to ask their findings to be made public, and to require things such as open access for officials and media?

[Poker Without Deposit]

Hi
Thank you for sending me the postcard message. I think it is a great idea. Keep up the good work.

Regards

[Laptop reviews]

Good Afternoon
I really enjoy the information you send me. Could you please update my new e-mail address so I can continue to receive your e-mail newsletter. Thank you

[Global reviews]

The tour was interesting and the guide informative. I would recommend this tour to everyone. I'm looking forward to seeing it on Postcards soon.

[Watches reviews]

The information on your pages is all very intresting and very handy - I will look forward to being updated by you on South Australia.

kind regards