Friday, May 24, 2013 | 3:21 a.m.
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Posted: 5:35 p.m. Thursday, Feb. 21, 2013
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By Ed Richter
Staff Writer
Franklin Superintendent Arnol Elam paid $539 in restitution to the district Thursday for using school resources to “engage in impermissible political activities,” prompting the Warren County prosecutor to drop his criminal investigation into the matter.
“We are very appreciative that the Warren County Prosecutor has decided that this matter has been resolved to his satisfaction and that he considers this matter concluded,” Elam said in a written statement.
Prosecutor David Fornshell launched an investigation a week ago into allegations that Elam was using school resources to advance a political agenda. The investigation came two days after the superintendent sent a letter home to parents of the district’s 2,924 students urging them to join him “in an active campaign to ensure Gov. (John) Kasich and any legislator who supports him are not re-elected.” The letter was also posted on the district’s website.
Fornshell said Elam’s letter included offensive language that violated state law, which prohibits public officials from using public funds to support or oppose a political candidate or issue. The prosecutor said because Elam and the district immediately accepted responsibility for the mistake and made restitution, he would not pursue further action.
Fornshell said he hopes “this matter will serve to highlight and remind all political subdivisions in Warren County as to the proper uses of public funds so as to avoid these types of situations from occurring in the future.”
The Franklin Board of Education assured him that it would adopt additional procedures and safeguards to insure that no violations of this type occur in the future, Fornshell said. He said that the superintendent and/or school board members would use their own personal funds to notify the public of these facts, which they did by sending a letter home with students Thursday.
In that letter, Elam and Board President JoAnn Feltner expressed their regret for the Feb. 13 letter, saying the superintendent’s actions were born out of a frustration over Kasich’s school funding formula, which the governor promised would deliver more funds to poor school districts and less to wealthy ones. Franklin — statistically the poorest district in Warren County — received flat funding for 2014 and 2015 under the governor’s plan, while wealthier districts, like Mason, Springboro and Kings all saw increases.
“We also regret including the statement in the letter because it has distracted from the overall message that we were trying to convey. Namely, that the Governor’s stated goal of providing more state funding to less wealthy districts was not accomplished when the actual results of the formula was released,” the letter said.
The letter ended with the district urging parents and residents to contact their state officials and insist they ask Kasich to develop a funding formula that places students on equal footing.
According to Elam, he paid $269 on Wednesday for the production of the Feb. 13 letter and another $269 on Thursday for that letter that was sent home with students.
Bllu Carlton, of Franklin, said while he agreed with a number of points that Elam made in the first letter, he felt it was wrong to urge people to vote against Kasich using school resources. He said he called Elam to tell him he should resign as superintendent.
“He shouldn’t tell parents how to vote and (he should) not send it home with the students,” Carlton said. “He should have mailed it at his own cost.”
Jerid Kurtz, a spokesman for the Ohio Democratic Party, said they still want the public records they requested from Fornshell’s office despite the closing of his investigation. State Democrats have alleged that the investigation was “politically motivated” and have asked for all correspondence and phone records between the Warren County Prosecutor’s Office and members of the Kasich administration, Ohio Republican Party or Warren County Republican Party.
“The Warren County Prosecutor has effectively intimidated anyone considering criticizing Gov. Kasich’s plans,” Kurtz said. “The damage has been done.”
Fornshell said his office will respond to that request as well as a similar request by The Journal early next week. He denied that Kasich or anyone else in the GOP played a part his decision to investigate Franklin schools.
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