By SHELLEY TERRY - Staff Writer - sterry@starbeacon.com
ASHTABULA — The Ohio attorney general cast a cloud Thursday on Michael Franklin’s ability to hold two elected public offices concurrently, rendering her opinion that the situation constitutes a conflict of interest.
Franklin, a local attorney who serves on the Ashtabula Area City School Board, beat former city solicitor Thomas Simon, who was running for re-election, last November. Franklin was sworn in as city solicitor Nov. 30, 2007. Meanwhile, he retained his seat on the school board, a decision that has created problems publicly from a few constituents, the majority of City Council, and from at least one other school board member.
When contacted by telephone Thursday, Franklin was in Columbus on city business and had not read the attorney general’s opinion.
“I have no comment, but I will review it carefully,” he said. “I will decide at that point what — if anything — I need to do.”
Led by Ward 3 Councilwoman Ericka Severino, City Council asked Ashtabula County Prosecutor Thomas Sartini to request an opinion from Ohio acting Attorney General Nancy H. Rogers about Franklin’s dual roles.
On Thursday, the attorney general said, “These two positions are incompatible,” citing a previous opinion from 2004 and an Ohio administrative code.
“The matter has been carefully researched, but if (Franklin) chooses, he can say, ‘I disagree,’” said Jim Gravelle, assistant director of communications in the attorney general’s office.
Severino offered her opinion on the situation Thursday afternoon, saying the attorney general clearly determined, through Attorney General Opinion 2008-032, that the law prohibits Michael Franklin from serving simultaneously as city solicitor and as a member of the school board.
“Because the Ohio Attorney General has determined Mr. Franklin is legally prohibited from serving simultaneously, it is my opinion Mr. Franklin should immediately resign as city solicitor,” Severino said. “Clearly, Mr. Franklin illegally took the oath of office as Ashtabula’s city solicitor. … Because it was illegal for Mr. Franklin to be city solicitor on the day he took office, it is illegal for him to continue occupying the office of city solicitor.”
A year ago, shortly before the 2007 election, Franklin was asked whether he would resign from the school board if elected as city solicitor and was questioned about a possible conflict of interest. Franklin said he would not resign from the school board if elected as city solicitor. According to his interpretation of the Ohio Revised Code, there would be no conflict, he said.
Ashtabula City School Board member David Sheldon, who has been very vocal in his belief that Franklin has a conflict of interest, said Thursday that Franklin has created problems for the school district.
“He should have had the decency to request the attorney general’s opinion immediately to determine what his status was,” Sheldon said. “It just didn’t make sense to me.”
In December, Superintendent Joseph Donatone asked the school district’s attorneys, Andrews and Pontius of Ashtabula, whether a member of the school board could serve concurrently as city solicitor. Andrews and Pontius decided the Ohio Revised Code, along with the language from the city charter, demonstrates the positions are compatible, according to an opinion contained in letter dated Dec. 21, to the school board.
