If Akron Councilman Bob Hoch is convicted of the conflict of interest charges filed against him, he won’t automatically lose his council seat.
The trio of charges, all misdemeanors, don’t fall under the crimes that preclude someone from holding office under state law, said Jill Del Greco, a spokeswoman for the Ohio Attorney General’s Office. The same is true about the city’s charter, which only precludes a person convicted of a felony from serving in an elected position.
“I’m not aware of anything that would cause an automatic forfeiture of his office,” said Ellen Lander Nischt, a city spokeswoman.
Hoch is accused of voting on legislation and being outspoken on issues that involve his two sons, who are Akron firefighters.
He attended Akron council meetings as usual Monday, including chairing the Public Service Committee. The councilman — normally open to speaking to the media — wasn’t willing to discuss the state ethics violations charges filed against him late last week.
“Right now, I can’t comment on any aspect of the case,” he said during a break in committee meetings.
Thomas Houlihan, Hoch’s Akron attorney, also declined to comment Monday.
“There’s pending criminal charges,” he said. “Have a nice day.”
A bill of information was filed against Hoch Thursday in the Summit County Clerk of Courts Office with three conflict of interest charges that allege he used his position as a public official to “secure something of value for a family member.” The charges are first-degree misdemeanors, punishable by up to six months in jail and a $1,000 fine.
Brad Tammaro of the state attorney general’s office is serving as a special prosecutor on the case at the request of Summit County Prosecutor Sherri Bevan Walsh.
The next step will be Hoch’s arraignment in Summit County Common Pleas Court. Though the case involves misdemeanors, it will be handled through the higher court rather than Akron Municipal Court because of the involvement of the attorney general’s office, Del Greco said.
Hoch, 67, a retired Acme manager, was elected as the Ward 6 councilman in 2011 and re-elected in 2015 after a very public squabble with former Akron Mayor Don Plusquellic. The spat included Plusquellic’s administration filing a complaint against Hoch with the Ohio Ethics Commission, accusing him of improperly voting on and speaking out about fire department issues.
“He has been told over and over again that he has a conflict of interest, but he continues to interject himself inappropriately — and possibly illegally,” former city spokeswoman Stephanie York told the Beacon Journal in March 2015.
The commission investigated Hoch and forwarded the case to the attorney general, which further probed the allegations and decided criminal charges were warranted.
The bill of information claims Hoch is guilty of violating the portion of state ethics law that says, “No public official or employee shall use or authorize the use of the authority or influence of office or employment to secure anything of value or the promise or offer of anything of value that is of such a character as to manifest a substantial and improper influence upon the public official or employee with respect to that person’s duties.”
The alleged violations occurred June 25, 2012; Nov. 26, 2012; and between March 27, 2014, and Nov. 24, 2015, according to the bill of information.
Hoch, along with the rest of the council, approved legislation on Nov. 26, 2012, that gave pay raises to union and nonunion employees, which includes Akron firefighters.
Hoch was critical of the city administration for failing to settle a long-pending lawsuit involving promotions in the Akron fire department during a council meeting on Feb. 9, 2015. Former Akron Law Director Cheri Cunningham accused Hoch of making misstatements and said he was “colored by the fact his sons are in the Fire Department,” according to a Beacon Journal story.
Hoch has previously denied taking any actions that were conflicts of interest.
“Most of the conflict of interest I’m aware of stipulates if you have a personal gain,” he told the Beacon Journal in March 2015. “I don’t know what it is.”
Stephanie Warsmith can be reached at 330-996-3705, swarsmith@thebeaconjournal.com and on Twitter: @swarsmithabj . Beacon Journal reporter Doug Livingston contributed to this report.