![Mike Kovack]()
Mike Kovack
Nick Glunt and Loren Genson | The Gazette
Misdemeanor charges of misusing public funds were filed Thursday against Medina County Auditor Mike Kovack, who’s expected to enter a diversion program in two weeks to have the charges forgiven.
“It was a thorough and complete investigation from a multi-agency investigative team, and once we had all the facts, we came to the consensus that this was the way to handle it,” said Erie County Prosecutor Kevin Baxter, who was appointed as special prosecutor in April after Medina County Prosecutor Dean Holman recused himself.
According to a joint news release from Baxter and county Sheriff Tom Miller, Kovack was charged with two misdemeanors for “personal and political use of his county laptop computer.”
Accusations against Kovack, 53, included that he had pornography on the laptop, as well as documents he used to manage his Democratic political campaigns and that of his chief deputy, Joan Heller, and Medina Councilman Bill Lamb, at large. Heller unsuccessfully ran for county treasurer in 2012 while Lamb lost a bid to become county commissioner in 2010.
In addition, Kovack was accused of running a private rental business and keeping details of his dating life on his laptop computer.
Baxter, a Democrat, declined to be more specific about to which allegations the charges refer.
“I’m going to wait on that until we fully resolve the case,” Baxter said. “He still has to enter a plea, so I would just stay with the press release until there is a plea entered and he’s referred to the first-offender program.”
Kovack is scheduled for a Feb. 6 arraignment hearing, where Baxter said Kovack is expected to “plead no contest to the offenses charged and enter a first-offender diversion program.”
In a prepared statement, Kovack said he intends to take Baxter’s offer to enter a diversion program because a misdemeanor on his record could damage his military credentials.
“When I retired after 28 years with the United States Navy in late 2013, I held a high-level security clearance,” he said. “Because I felt a misdemeanor charge might jeopardize the security clearance I have held for 28 years, I opted to take this route.”
He said he believes the allegations against him were driven by politics while he ran an election campaign, which he won in November.
“I think this whole incident has been a sordid inside-look at how Medina County government sometimes operates,” he said. “It has taken a tremendous toll upon me and my parents.”
He added that his decision to enter the program was against the advice of his attorney, Steve Bailey, who stressed Kovack’s decision is not an admission of guilt.
“It’s out of expedience — personal, political and financial expedience — not because he is admitting his guilt,” Bailey said. “Mike has an important job to do, and he can’t let this stress get in the way of that.
Bailey said if the case went to trial, he was certain a jury would find Kovack not guilty.
Bailey and Kovack speculated that the charges referred to Kovack using an office printer to make copies of a campaign flier and not any of the other allegations.
“There’s a policy in the office that you can make personal copies as long as you pay the 10-cent fee the public must pay to get copies,” Bailey said. “Ultimately, this comes down to about $2 in copies — and that puny amount was paid for.”
Kovack said the investigation cost $10,000 in taxpayer money and found no pornography on his laptop. He said the other files in the allegations were on a portable flash drive, and he never accessed the files using the county laptop.
Diversion program
The offer Kovack will take is similar to one taken by county Clerk of Courts David Wadsworth, who entered a first-offender program in September 2013 after pleading no contest to misusing public funds. After completing the program a year later, his charges were dismissed and his records were sealed.
Charges against Wadsworth, a Republican, included that he copied $25 worth of campaign materials using an office printer.
In Wadsworth’s case, he was charged, arraigned and admitted to the diversion program all in the same day.
The prosecutor said Kovack’s case is being handled differently.
“(Medina Municipal Judge Dale H. Chase) prefers us to wait,” Baxter said. “It’s easier for me so I don’t need to come down more than once, but this is the way the judge wants it to go.”
Both Wadsworth and Kovack also were sued in federal court by former employees, each who alleged they were fired for telling law enforcement agencies that they were misusing their offices. Kovack’s case is ongoing, while Wadsworth’s case was settled out of court.
Wadsworth’s lawsuit cost county taxpayers $2,500 — the cost to meet the county’s insurance deductible. The rest of the settlement was covered by insurance.
Kovack’s federal suit was filed by Annette Ehrlich, his former information technology manager, who was fired after an alleged “irate” confrontation in the auditor’s office in September. The confrontation was the culmination of almost six months of turmoil between Ehrlich and Kovack, as documented in her personnel file.
The first allegations against Kovack came from Ehrlich, when she filed a report with the Medina County Sheriff’s Office in March.
Ehrlich and her attorneys did not return a call Thursday seeking comment.
The allegations went public in July, when county Commissioner Pat Geissman, a Republican, sent a letter to the Ohio Ethics Commission alleging Kovack was “running his rental business out of his office.” She provided the commission with two computer discs — one sent in July and another in August — to back up her allegations.
Geissman said both discs were provided to her by Anne Murphy, who previously worked in Kovack’s office before resigning to take a job with county Treasurer John Burke, a Republican. Geissman said Murphy got the discs from Ehrlich.
Murphy said her involvement was not political.
“I feel vindicated that the special prosecutor and detective — after all the stories and rumors — actually did file charges against Auditor Kovack,” she said in a prepared statement. “The filed charges show I was heard.”
She said her motivation was dedication to a friend: Ehrlich.
“Gathering courage is not always easy, but I still encourage others to stand up, be heard and do the right thing,” she said.
After learning of the charges against Kovack on Thursday, Geissman said she wasn’t surprised.
“I knew there would be charges because there’s no way an elected official could do all he did and not have charges,” she said. “It was definitely what I was expecting.”
Geissman said the working relationship between commissioners and the auditor will remain professional in the wake of the charges. She said the commissioners and Kovack were polite and professional when Kovack presented his budget proposal earlier this month.
Democratic Party Chair John Welker said county Democrats stand behind Kovack. He said he was disappointed by the charges, and said Kovack should be afforded the same opportunity to enter a diversion program as the clerk of courts.
“We stand by Mike. He’s served the county well over the last four years,” Welker said. “He’s been an excellent public servant. I hate to see something like this be a black eye on his office.”
Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com. Follow him on Twitter @ngfalcon.
Contact reporter Loren Genson at (330) 721-4063 or lgenson@medina-gazette.com. Follow her on Twitter @lorengenson.
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