Butler County auditor on former auditor wanting office back: ‘I think it’s vengeance’

“Having been fully vindicated and statutorily restored to competency, Mr. Reynolds is overjoyed to be able to honorably serve his duly-elected term in the Butler County Auditor’s office. However, when he contacted Ms. Nix (and other local Butler County officials) about resuming his duties, it became clear that the office would not be voluntarily returned to him,” his attorney wrote.

“Ms. Nix has served admirably as the Butler County Auditor, but she is no longer entitled to hold and exercise the powers of that public office. Mr. Reynolds has been fully exonerated and must be permitted to serve the four-year term bestowed upon him by the voters of Butler County.”

Nix told the Journal-News this is a “Hail Mary pass” by Reynolds and “I think it’s vengeance, he has scores to settle and I’m just in the way.”

“I think it’s a Hail Mary pass to regain what he lost due to his own unethical behavior,” Nix said. “I think the Supreme Court in its wisdom will see the fallacy. He got his job through an appointment; he knows the process. He knows that you don’t come back 20 months later and try to be reinstalled. It’s disappointing, I think it’s shameful what he’s doing but I think the law is on our side.”

Reynolds was appointed in 2008 after former county auditor Kay Rogers was indicted and later pleaded guilty to federal bank and mail fraud charges.

Reynolds’ attorney Chad Ziepfel said in a statement Reynolds was basically forced into this court action, “Ms. Nix refuses to vacate the office, so unfortunately, Mr. Reynolds has to sue her to enforce his rights and the rights of Butler County citizens.”

“While this case is obviously important to Mr. Reynolds personally, it also has significant ramifications for both state and federal elections,” Ziepful wrote. “If Mr. Reynolds cannot return to his seat after being fully and finally cleared of all charges, then the public’s right to elect its public officials can be trumped by any rival politician who can convince the State to bring bogus charges against, and obtain a wrongful conviction of, the electorate’s chosen candidate. If that’s true, being exonerated doesn’t matter, which is not what the law says nor how it should work. That’s the kind of lawfare that has infected our national politics; it has no place in Ohio.”

The Ohio Attorney General handled the criminal trial against Reynolds but the complaint he filed this week laid blame locally.

“In late 2021, the State of Ohio latched onto a civil complaint filed by Mr. Reynolds’ disgruntled neighbor and proceeded to prosecute him using legal theories that made no sense, and factual allegations that were easily disproved by both publicly-available documents and evidence in the State’s possession,” the complaint reads. “Immediately after these manufactured charges were leveled, Mr. Reynolds’ political rivals began making public pleas for him to simply resign the office to which he was elected, without ever receiving a hearing or even viewing the evidence against him.”

Reynolds was indicted in February 2022 on five counts for bribery and leveraging his public office to further his own interests on charges related to trying to help his family develop land in Liberty and West Chester townships. A third felony was added in July for him allegedly asking Lakota Schools officials to use $750,000 of the unspent fees he routinely returned to taxing bodies each year for a golf academy at Four Bridges Golf Course, where his family lives.

Reynolds won reelection handily while he was under indictment in November 2022. He beat Democratic challenger Mike Dalesandro by 64.4%.

The jury found him guilty in December 2022 on the charge related to Lakota but not guilty on the development deal charges. He was sentenced to 30 days in jail, five years of community control and fined $5,000, but the judge stayed the sentence pending appeal. Reynolds was forced out of office because he could not serve as a public official after a felony conviction.

The county commissioners appointed Clerk of Courts Chief Deputy Joe Statzer as interim auditor shortly after the conviction and Nix was appointed by the GOP Central Committee in February 2023 by a vote of 127 to 45. She is the only candidate running for auditor — the Board of Elections confirmed Reynolds did not file to be a write-in candidate — in November so Reynolds is asking the Supreme Court for an expedited review of his case.

“With all of the State’s appellate rights now exhausted, Mr. Reynolds has been fully exonerated, statutorily restored to competency, and is entitled to serve the remaining two-and-a-half years of his 2023 Term,” his attorney wrote. “If this matter is not resolved before the November 5 election, the Butler County Board of Elections will allow for Ms. Nix to be improperly elected, creating confusion as to who is entitled to serve the remainder of Mr. Reynolds’ 2023 Term as Butler County Auditor.”

County Prosecutor Mike Gmoser told the Journal-News he will be filing an answer to the complaint by the Friday deadline. He said he “doesn’t want to get ahead of his skis” by revealing his arguments before the high court receives them, but they will contest Reynolds’ assertion that he is the rightful auditor.

“He makes some allegations in that complaint that we will contest,” Gmoser said, adding they are working on a brief in which they will outline “our position on why he did resign and why he is not the county auditor and the duly appointed and acting auditor is Nancy Nix.”

Gmoser previously told the Journal-News that Reynolds resigned his position and therefore could not assert he was still the auditor now that the felony charges are moot. The Journal-News obtained records of communications between Reynolds and the prosecutor’s office and a formal resignation was never submitted. There was a text chain between Reynolds and retired Chief Deputy Prosecutor Dan Ferguson indicating he had vacated the office.

“Sorry Dan. My counsel advised not to speak to you. I picked a few more things up today and went to lunch with some staff. Name is off the doors, not sure why you’re getting every one so worked up. My counsel has communicate with Gmoser,” Reynolds wrote.

Ferguson responded, “Roger. I respect your counsel’s advice. Please request that they call me.”

And Reynolds replied, “Dan - I’m not trying to be difficult. I was in the office picking up my belongings and saying goodbye to people I didn’t see last week. Not surprising, there were plenty of questions and I tried to put them at ease on their future as a friend not auditor.”

The court filings indicated Ziepfel has asked the Secretary of State’s office for an opinion on Reynolds’ “reinstatement to the county auditor’s office” but hasn’t yet received a response. The Journal-News has reached out to the Secretary of State’s Office numerous times on this issue and has not received a response.