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Josh Mandel, Ohio Senate Candidate, Threatened With Lawsuit By American Bridge

Tea Party Favorite Threatened With Legal Action
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Republican U.S. Senate candidate Josh Mandel, left, speaks during a round table discussion at the Country Inn Restaurant, Thursday, July 5, 2012, in Georgetown, Ohio. Mandel, hoping to unseat Democratic Sen. Sherrod Brown, said Thursday the federal health care overhaul is a pivotal issue in their campaign. (AP Photo/David Kohl)

The Republican nominee for Ohio's U.S. Senate seat is being threatened with legal action by a Democratic super PAC for his decision to not answer requests for records from his state office.

On Thursday, American Bridge 21st Century sent notification to the general counsel of current Ohio Treasurer and Tea Party favorite Josh Mandel asking for records and resumes of those hired by Mandel since he took office in January 2011. That same material was provided to the Ohio Democratic Party in June following nine records requests.

American Bridge's request comes after a series of unanswered public records requests from Ohio Democrats to the treasurer's office and as Mandel is challenging Sen. Sherrod Brown (D) in a competitive race for the U.S. Senate.

The letter from American Bridge's attorneys, Ezra Reese and Emily Eisenberg, cites records requests the group sent to Mandel's office on June 19 and June 26 seeking the resumes, which were sent to the state Democratic Party on June 18. The letter notes that Mandel's office did not respond to either request, which said the super PAC would accept copies of the material sent to the state party.

Reese and Eisenberg said that state law requires a response within a "reasonable time period," though exactly what that means has not been defined by the state. They cited Ohio court rulings that said six days may be too long of a delay.

Reese and Eisenberg wrote:

Moreover, the State Treasurer is required to cooperate with a requester; your office has failed to comply with this legal mandate. Ohio Rev. Code § 149.43(B); see also State ex rel. Morgan v. Strickland, 906 N.E.3d 600, 603 (Ohio 2009) ("R.C. 149.43 contemplates that the requester and the public-records custodian cooperate in fulfilling a request."). In the ten weeks that have elapsed, American Bridge has not received any response from you and your office has released no records in response to our request. This complete failure to act does not meet the spirit or the letter of your obligations under Ohio's Public Records Law.

The attorneys said if the treasurer's office does not respond within two weeks and start disclosing the material, the super PAC will pursue legal action against the office.

The letter is addressed to Mandel's general counsel, Seth Metcalf, who handles records requests. Metcalf is a college friend of Mandel's who ran Mandel's campaigns for student body president at Ohio State University.

The treasurer's office did not returns two messages left by The Huffington Post seeking comment.

This threat of legal action is the latest chapter is a more than year-long saga involving Mandel's hires and records requests.

When the office released the resumes in June to the state party, it was only after nine requests that spanned more than a year. The previous requests were either not answered, answered by the office saying it did not have the resumes, or answered with the release of the entire state payroll.

Ohio Democrats have also filed nine requests for Mandel's schedules and visitor logs and three requests for contracts he has granted since taking office, which have not been answered by Metcalf, according to state Democrats.

The Dayton Daily News has reported that Mandel gave state jobs to political associates and close friends, while The Huffington Post has reported that Mandel had to send his debt management director to a beginner's course on the subject.

In recent weeks, Mandel has said that he favors federal agencies complying with public records requests and that he will work to increase transparency if elected to the Senate.

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Before You Go

Tea Party Statements
'2nd Amendment Remedies'(01 of06)
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During Nevada's 2010 Senate election, an audio clip surfaced of Sharron Angle raising "Second Amendment remedies" as a viable solution to take when "government becomes out of control."The Tea Party-backed hopeful ultimately proved unsuccessful in her campaign to unseat Senate Majority Leader Harry Reid. (credit:Getty)
'I Do Not Wear High Heels'(02 of06)
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Ken Buck, a Tea Party-backed contender who ultimately fell short in his bid to unseat Democratic Sen. Michael Bennet in Colorado, made headlines in 2010 when he quipped that people should vote for him "because I do not wear high heels."
'I Am Not A Witch'(03 of06)
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Christine O'Donnell captured headlines in 2010 with a now-infamous campaign ad in which she tells voters, "I'm not a witch." She says, "I'm nothing you've heard. I'm you."O'Donnell was defeated in her campaign for Senate in Delaware by Democratic Sen. Chris Coons. (credit:Getty)
Scientists For Creationism?(04 of06)
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Rep. Michele Bachmann said in October of 2006, "There are hundreds and hundreds of scientists, many of them holding Nobel Prizes, who believe in intelligent design." (credit:AP)
Democrats = Communists?(05 of06)
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HuffPost's Jen Bendery reported in April of this year:
As many as 80 House Democrats are communists, according to Rep. Allen West (R-Fla.).West warned constituents at a Tuesday town hall event that he's "heard" that dozens of his Democratic colleagues in the House are members of the Communist Party, the Palm Beach Post reported. There are currently 190 House Democrats.West spokeswoman Angela Melvin later defended West's comments -- and clarified to whom West was referring."The Congressman was referring to the 76 members of the Congressional Progressive Caucus. The Communist Party has publicly referred to the Progressive Caucus as its allies. The Progressive Caucus speaks for itself. These individuals certainly aren't proponents of free markets or individual economic freedom," Melvin said in a statement to The Huffington Post.
 (credit:AP)
Welfare Prison Dorms?(06 of06)
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The AP reported in August of 2010 on then-New York gubernatorial candidate Carl Paladino:
Throughout his campaign, Paladino has criticized New York's rich menu of social service benefits, which he says encourages [undocumented] immigrants and needy people to live in the state. He has promised a 20 percent reduction in the state budget and a 10 percent income tax cut if elected.Asked at the meeting how he would achieve those savings, Paladino laid out several plans that included converting underused state prisons into centers that would house welfare recipients. There, they would do work for the state - "military service, in some cases park service, in other cases public works service," he said - while prison guards would be retrained to work as counselors."Instead of handing out the welfare checks, we'll teach people how to earn their check. We'll teach them personal hygiene ... the personal things they don't get when they come from dysfunctional homes," Paladino said....Paladino told The Associated Press the dormitory living would be voluntary, not mandatory, and would give welfare recipients an opportunity to take public, state-sponsored jobs far from home."These are beautiful properties with basketball courts, bathroom facilities, toilet facilities. Many young people would love to get the hell out of cities," Paladino he said.He also defended his hygiene remarks, saying he had trained inner-city troops in the Army and knows their needs."You have to teach them basic things - taking care of themselves, physical fitness. In their dysfunctional environment, they never learned these things," he said.
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