DaytonDailyNews : Heck, aide admit liability for violating law.
WHIO TV: Local Prosecutor Admits To Federal Law Violations.
(25 Sept 2008) Just months after the Ohio Attorney General was forced to resign amidst sex and corruption charges, Montgomery County Prosecutor, Mathias H. Heck Jr. admitted to corruption today. These are two Ohio officials who are responsible for enforcing the Adam Walsh Act /SORNA laws in Ohio, which violate the constitutional rights of 30,000 Ohio citizens.
DAYTON — Montgomery County Prosecutor Mathias H. Heck Jr. and his administrative assistant, Greg Flannagan, admitted liability for violating federal law that prohibits certain government employees from participating in political activity, the Office of Special Counsel said Thursday, Sept. 25.
The special counsel's investigation revealed that Heck routinely conveyed his expectation that subordinates contribute money to the local Democratic Party and time to political campaigns, in defiance of federal law. The special counsel charged that Heck and Flannagan used their official authority to interfere with or affect the results of elections, the office of special counsel said.
Heck admitted that he solicited contributions for local Democratic Party fundraisers from six employees of the Montgomery County Prosecutor's Office. Flannagan admitted collecting the cash and checks for these fundraisers from prosecutor's office employees," the special counsel's office said. "Although Mr. Heck denied knowing that the Hatch Act prohibited the solicitation of political contributions from employees, as both an attorney and a long-time elected official, he should have known that whenever public employers place conditions on public employment requiring employees to become involved in partisan political activity, they put at risk the basic freedoms of speech that are protected by our Constitution."
"The people and employees of the prosecutor's office expect and deserve more from their elected officials," said U.S. Special Counsel Scott Bloch. "Politicization of government offices and pressuring subordinates to contribute to political causes are testaments to why Congress enacted this law and are behaviors that simply will not be tolerated."
As part of the settlement, Heck agreed not to seek employment with either a different state or local (county) agency for a period of 18 months unless such employment is to an elective office. Flannagan agreed to accept a five-day suspension without pay.
In consideration for their admissions of liability and their agreement to accept these penalties, the Special Counsel has agreed to dismiss the complaints. The motion for dismissal is currently pending review before a judge. After the judge dismisses the case, if either Heck or Flannagan fail to live up to the plea agreement, the Office of Special Counsel may refile and seek to have them prosecuted.
The Hatch Act strictly prohibits some state and local employees who have duties in connection with federally funded programs from being candidates in partisan elections. Until 2007, the county prosecutor's office, with Heck as prosecutor, received federal funds to support some of its enforcement programs.
The penalty for a proven violation of the act by a state or local employee normally is removal of the employee from his/her position by the state/local agency and debarment from state/local employment for the following eighteen months, or forfeiture of federal grant funds by the state/local agency in an amount equal to two years of the salary of the employee. However, because MCPO no longer receives federal funds, the available options for a meaningful penalty in these cases were limited.
This man should be removed immediately from his elected position and disbarred ! Call his office at 937-225-5757 and insist that he resign! And call the Ohio Ethics Commission to complain at http://www.ethics.ohio.gov/, 800 589 5256 - Office of Disciplinary Counsel, 202 482 9300 - US office of Government Ethics, 800 854 2824 - US Office of Special Counsel
Montgomery County Prosecutor's Office: http://www.mcpo.com/
Mathias Heck profile: http://www.ndaa.org/ndaa/profile/mathias_h_heck_sept_oct_2006.html
http://www.ndaa.org/ndaa/profile/mat_heck_nov_dec_2003.html
Mathias Heck Political Fund: http://www.campaignmoney.com/political/527/mathias_h_heck_jr_campaign_fund.asp
