From: Portune, Todd
Sent: Thursday, April 18, 2002 10:55 AM
To:
Subject: RE: Ohio Constitution, Art I, Sec 4


Dear Mr. Fitzgerald:

I'm not certain I understand your e-mail of this morning.But based upon other information I have received I will attempt to reply.

I am told that a Mr. Rob Fredericks, Commissioner Dowlin's aide, has circulated information saying the action I recommended yesterday was illegal. He is incorrect and he knows it.

The Resolution I introduced is attached to this e-mail. You will note that it directs the prosecutor with respect to his activity involving our employee David Krings and requests that he follow suit with respect to the other parties he represents. We cannot order him to withdraw an appeal on behalf of the sheriff, for example, but we can with respect to our employee. That is what the Resolution calls for and it is what I asked for from the beginning.

Mr. Fredericks, the Prosecutor and others are now trying to make me the issue rather than answering the question of why they want to enforce an unconstitutional law. As you will note from my reply below I have not attempted to suggest that my record has been other than what you would probably refer to as "checkered" on gun related issues. Nonetheless, on this question I am strongly opposed to enforcing a law that requires citizens to risk arrest, prosecution and conviction in order to determine what their legal rights are. That flies in the face of all traditional notions of due process and criminal jurisprudence including the presumption of innocence.

Respectfully,

Todd Portune


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RESOLUTION DIRECTING THE HAMILTON COUNTY PROSECUTOR

TO WITHDRAW PLEADINGS FILED IN THE MATTER OF

CHUCK KLEIN, ET AL. V. SIMON L. LEIS, JR., SHERIFF, ET AL.

BY THE BOARD:

WHEREAS, in the matter of Chuck Klein, et al. v. Simon L. Leis, Jr., Sheriff, et al., the First District Court of Appeals agreed with the lower court decision that declared Ohio’s current statute dealing with the right to carry concealed weapons in Hamilton County unconstitutional; and

WHEREAS, Hamilton County joined with the City of Cincinnati and the Ohio Attorney General’s office in appealing the decision of the First District Court of Appeals, filed on April 10, 2002, and included a request to the Supreme Court for a stay which would, once again, make it illegal to carry a concealed weapon in Hamilton County; and

WHEREAS, the Board of County Commissioners of Hamilton County, Ohio, are of the opinion that the circumstances or restrictions of compliance with the Second Amendment of the United States Constitution and Article I of the Ohio Constitution relative to the right to carry arms in Ohio is a legislative question to be addressed in accord with both the Ohio and United States Constitutions; and

WHEREAS, the Board, therefore, deems it necessary to direct the Hamilton County Prosecutor to withdraw pleadings filed in the case, Chuck Klein, et al, v. Simon L. Leis, Jr., Sheriff, on behalf of Hamilton County as a party defendant in said case through the naming of County Administrator David Krings;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Hamilton County, Ohio, that the Hamilton County Prosecutor is hereby directed to withdraw the pleadings filed on April 10, 2002, in the case of Chuck Klein, et al, v. Simon L. Leis, Jr., Sheriff, et al.on behalf of County Administrator David Krings and said Board further requests that said County Prosecutor consider withdrawing pleadings filed on behalf of all county defendants ; and

BE IT FURTHER RESOLVED that the Clerk of the Board be authorized and directed to certify copies of this resolution to Michael K. Allen, Hamilton County Prosecutor, City of Cincinnati, Ohio Attorney General’s office, First District Court of Appeals, Hamilton County Sheriff, and David J. Krings, Hamilton County Administrator.

ADOPTED at a regularly adjourned meeting of the Board of County Commissioners of Hamilton County, Ohio, in session this 17th day of April, 2002.

Mr. Dowlin, __________ Mr. Neyer, __________ Mr. Portune, __________

CERTIFICATE OF CLERK

IT IS HEREBY CERTIFIED that the foregoing is a true and correct transcript of a resolution adopted by the Board of County Commissioners in session this 17th day of April, 2002.

IN WITNESS WHEREOF, I have set my hand and affixed the official seal of the Office of the Board of County Commissioners of Hamilton County, Ohio, this 17th day of April, 2002.



_______________________________

Jacqueline Panioto, County Clerk

Board of County Commissioners

Hamilton County, Ohio