Ohio Attorney General Mike DeWine moved Tuesday for the Ohio Supreme Court to begin suspension proceedings against Athens County Sheriff Pat Kelly, who is charged with multiple felonies “relating to (his) administration of, or conduct in the performance of” a sheriff’s duties, according to court documents.
A three-judge commission with at least one who is a Democrat, the political party Kelly’s affiliated with, will be appointed by Chief Justice Maureen O’Connor sometime in the next 14 days. That commission would have 14 days after being appointed to make a decision.
There was some disconnect, though, between state and county government when The Post asked Tuesday what would happen if Kelly were suspended.
Dan Tierney, spokesman for DeWine’s office, said the Athens County Board of Elections would handle a special election in the event that Kelly is suspended from office.
But Debbie Quivey, director of the board, said “there would be no such thing as a special election for a sheriff.”
She said board’s role would become more known as the legal process moves along, and that the Board of Election’s role in general is to carry out “whatever we’re told to do.”
She added that she doesn’t “really know what our role is” in regards to Kelly’s indictment because a similar case has not occurred in Athens during her time as director.
Kelly can be reinstated if he successfully appeals, or if the charges against him are dismissed. If the suspension runs until the end of his term the suspension will be lifted, according to Ohio law.
Athens County Treasurer Bill Bias said Kelly could be suspended with pay.
Kelly has said he is innocent, and will not step down and would run for re-election in 2016, when his term ends.
“I think DeWine’s reached too far,” Kelly said.
The sheriff, 63, was indicted on charges such as money laundering, theft in office and perjury, among others.
He will appear in court for his arraignment Feb. 10 in the Athens County Common Pleas Court, where he plans to plead not guilty. The court will then set a date for a trial.
If Kelly is suspended, the county commissioners can approve a temporary replacement until the county’s Democratic Central Committee, a group made up of public figures, appoints a sheriff on an interim capacity.
The commissioners do not have a legally-defined timeline to appoint a replacement if they had to do so, Tierney said.
The last time a public official in Ohio was removed from office was last year when Fairfield County Clerk of Courts Deborah Smalley was accused of theft in office, Tierney noted.
When Smalley stepped down Dec. 5, it took more than 40 days for the Fairfield County Republican Central Committee to appoint an interim, according to news reports.
Although Commissioner Charlie Adkins said he has heard from five people interested in temporarily replacing the sheriff and Eliason has spoken to one person, the commissioners declined to release names at this time.
However, Kelly said he is determined to keep his position in office.
“There’s not going to be a special election,” Kelly said. “I’m not going anywhere.”
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