‘To me that’s a big deal’: Judge declines to clear New Miami council member’s felony record

Credit: DaytonDailyNews

Saying she essentially lied on her petition to have her felony conviction erased, a Butler County judge denied New Miami Councilwoman Megan Horn’s expungement motion, which could lead to her removal from her council seat.

Horn was in court on Monday before Butler County Common Pleas Judge Greg Stephens on a motion to remove her criminal record. Convicted felons may not serve in elected office unless a judge decides his or her past felony conviction should be expunged. She told the judge she also has career aspirations that would require a clean record.

“As far as my role on council, I just want to get in there and help improve the village for our children and the future,” she told Stephens.

She was indicted for felony theft and forgery in September 2009. She pleaded guilty to forgery and was ordered to pay $473.28 in restitution to Walmart plus a $250 fine and court costs.

Horn ran unopposed in the Nov. 5. election, winning a seat on the seven-member village council, and was sworn in Jan. 2. When Butler County Prosecutor Mike Gmoser learned a convicted felon was about the take office, he asked the 12th District Court of Appeals to stop it. Horn filed a motion to have her record sealed in December, and Gmoser filed an objection.

RELATED: New Miami woman joins village council as felony record outcome is in dispute

Horn faced a year-long prison term but was given five years of community control instead. Her probation was “unsuccessfully terminated” in November 2014 because she had not paid all that she owed, according to Stephens.

On the form Horn filled out Dec. 10 to get her conviction removed, it asked if all restitution, fines and court costs had been paid, and she answered “yes.” She paid off the remaining costs last month.

“The accuracy of this type of paperwork at the public official level, the responsibilities are tremendous,” Stephens said. “And there is zero room for error.”

Stephens said he could understand if she thought she didn’t need to keep making payments because she was no longer on probation. He said she would be eligible for expungement under the statutes, even considering she committed another misdemeanor theft crime while on probation, but he couldn’t justify leniency.

The fact that she lied on the form about having paid her financial obligations told him she has not been completely rehabilitated, he said.

“Unfortunately because of that and I know to a lot of people it’s just one little technical answer, well to me that’s a big deal,” Stephens said.

He denied the expungement but told Horn she has 30 days to appeal his decision to the appeals court. Horn left the hearing in tears and told the Journal-News later she isn’t certain of her next steps.

“At this moment, ‘No,’” she said about resigning her council seat. “I’m hoping to figure out (Monday or Tuesday) what the best route is to go”

Newly elected New Miami Mayor Stephanie Chandler was in court to support Horn.

“As an elected official I respect the court’s decision,” Chandler said. “As a compassionate citizen, I do hope Megan continues to live her life rehabilitated and continues to serve her community in whatever capacity she can.”

Gmoser said the existing 12th District action to prevent Horn from serving is still open and he would notify that court about Stephens’ decision. He said he supports giving people second chances, but Horn “crossed the line” when she lied on her expungement application.

“Let’s face it, there is a higher bar for people that seek public service,” Gmoser said after the hearing. “I want to encourage people who want to go into public service but it is a higher bar. I want people to go into public service but I want the best of the best, I want the most ethical we can get.”

12th District Court of Appeals Administrator Ben Manning said Gmoser’s first motion will require further legal filings from both sides before his court can rule. If Horn appeals, then the 12th District will have two different issues to consider. Whether Horn should be removed from office and whether Stephens made the right decision, according to Manning.

If Horn resigns her council seat, Chandler said she will take applications to fill the vacancy. Former Mayor Bob Henley filed his application with the village after he lost the November election, when he learned there might be an issue with Horn’s ability to serve.

It would be Chandler’s responsibility to make an appointment but the village council must approve it. Chandler would not discuss Henley’s possible appointment to council. Henley said he’s got the votes if council gets the opportunity.

“With the makeup of the council right now I think my chances are pretty good,” Henley said. “I swore all of them in. They’ve all been up there with me, except for one, at least two or three years. They know that I know what I’m doing.”

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