Joe Lupo: YES, There IS more to Mike DeWine's Abrupt Removal of Wade Steen

From Joe Lupo

May 14, 2023

YES, There IS more to Mike DeWine's Abrupt Removal of Wade Steen; Violation of Due Process and ORC (Ohio Revised Code).

Since 2017, I do not recollect anytime that Mike DeWine has shown an ounce of concern regarding the issues at STRS. If any MOF member can, please let me know. In fact, it has been quite the opposite. DeWine has shown no concern whatsoever about what has been going on and thus, his lack of action speaks so much louder than his hollow words in his attempting to convince us he cares. Remember, neither DeWine nor his staff have ever met with Wade Steen. If that is the caring he wants to give us, no thank you!

I have spent hours on research in the Ohio Revised Code and including the STRS Board Policy. Let me share with all of you the following (ORC Section 3.04 and Section 1.02.01 (C)(1):

ORC Section 3.04 | Removal or suspension of appointee by governor.

When not otherwise provided by law, an officer who holds his office by appointment of the governor with the advice and consent of the senate may be removed from office by the governor with the advice and consent of the senate, if it is found that such officer is inefficient or derelict in the discharge of his duties, if the ethics commission created by section 102.05 of the Revised Code has found, based upon a preponderance of the evidence, that the facts alleged in a complaint under section 102.06 of the Revised Code alleging a violation by the officer constitutes a violation of Chapter 102., section 2921.42, or section 2921.43 of the Revised Code, if the officer fails to file or falsely files a statement required by section 102.02 of the Revised Code, or if it is found that he has used his office corruptly. If, in the recess of the senate, the governor is satisfied that such officer is inefficient, derelict, committed such violation of Chapter 102., section 2921.42, or section 2921.43 of the Revised Code, or corrupt, he may suspend such officer from his office and report the facts to the senate at its next session. If in such report the senate advises and consents to the removal, such officer shall be removed, but otherwise he shall be restored to his office.

ORC Section 102.01 | Public officers - ethics definitions.

As used in this chapter:

(C)(1) "Public agency" means the general assembly, all courts, any department, division, institution, board, commission, authority, bureau or other instrumentality of the state, a county, city, village, or township, the five state retirement systems, or any other governmental entity.

These two sections of ORC clearly document a violation or an attempt to circumvent the letter of the law. Based on these two sections of ORC, Wade Steen remains the governor's appointee to the STRS Board until the proper procedure under the law is followed by Mike DeWine. His attempted removal by DeWine clearly violates Steen's right to due process.

If DeWine wants to formally file a complaint against Wade Steen, he will have to follow procedure and he had better be prepared to do so with sufficient evidence in accordance with ORC Section 102.06 - Powers and duties of ethics commission.

https://codes.ohio.gov/ohio-revised-code/section-102.06

It is very obvious that DeWine's comment regarding Steen failing to advocate for retired teachers is not only a joke, but also once again shows how little he knows about what is going on at STRS. Wade Steen as an appointed member on the STRS board, is the only advocate for members of the appointed members. I guess you would have to chalk that up to the other parties that participated in spoon feeding of information to DeWine in order to get him to act before the election trouncing they knew they were going to take in the results of the board election the following day. Maybe they even exerted pressure on him in ways we will probably never know?

Even weaker is DeWine's reasons for removal is Wade Steen missed three meetings and cannot be a voice for retired teachers. Nowhere in ORC or in STRS Board Policy is this stated, unless it was added to STRS Board policy without their knowledge?

The statements have been made that the governor's appointments serve at his pleasure. Once again, the law is very specific as to the appointment and removal process.

It is sad when a supposedly politically savvy politician gets unknowingly duped by those parties that are trying to protect only their personal and financial self interests...and all at STRS members' expense. I don't have to mention any names at this point, as I believe MOF members are now well aware of the games and charades, and also know the players involved all too well. As usual, just more STRS propaganda that we are not going to swallow.

Until the governor follows the law that he expects his constituents to follow, Wade Steen MUST attend the upcoming STRS meeting and take his regular Board seat since he is by law the appointed member of the Governor. There can be no vacancy until Steen resigns and or completes his current term in 2024. Until either of the aforementioned events occurs or the Governor follows the procedures in ORC for his removal, Mr. Steen remains on the Board. Thus, Brent Bishop's appointment to the STRS Board is not valid and is moot.

Unfortunately there are two sides to every story. Unfortunately Governor De Wine and/or his staff didn't take the time to get the other side of the story. There is an old saying: "Haste makes waste!" Certainly holds true here.