Civil Rights & Constitutional Law
Cleveland Scene sues Downtown Cleveland Alliance for removing 26 distribution boxes from downtown
April 13, 2017
Thursday, January 5, 2017
CLEVELAND, OHIO - Today, counsel for John J. Murphy, a City of Kettering taxpayer, wrote to Kettering's Director of Law demanding that City Council declare that Robert L Scott has vacated his office, and recoup all salary and benefits paid to Scott since December 19.
The demand letter explains that by serving as an Electoral College member last month, Scott violated the Kettering Charter, which bars City Council members from holding any other elected office during their tenure. Ohio law provides for the election of presidential electors. The Kettering Charter mandates that Council declare vacant the seat of any council member who violates this or other prohibitions.
Ironically, Scott served as a presidential elector only because Ohio Rep. Christina Hagan (R-Alliance) resigned at the eleventh hour when facing a suit from her constituents our firm filed for violating a similar Ohio constitutional ban on state legislators holding dual public offices.
Subodh Chandra, Murphy's lead counsel, said, "By seizing his chance to grab the vacant Electoral College office that Ms. Hagan vacated, Mr. Scott betrayed his constituents' trust and abandoned his council seat. These violations—along with others around the country—have tainted the Electoral College. Public officials must follow the law."
Scott was Deputy Ohio Director for the Trump campaign, is the founder of the Dayton Tea Party, and is a former Chairman of the Montgomery County Republican Party.