Sobecki can't run for county recorder and keep her county job

Lisa Sobecki is currently an employee at the Lucas County Department of Job and Family Services. Her title is Casework Aide and it is in the bargaining unit. It is also in the classified civil service.

Her employment is not an issue, unless she decides to run for partisan political office - which she apparently has decided to do.

As I've previously written, Ohio law prohibits employees in the classified civil service from participation in partisan political activity. Ohio Revised Code 124.57 states, emphasis added:

(A) No officer or employee in the classified service of the state, the several counties, cities, and city school districts of the state, or the civil service townships of the state shall directly or indirectly, orally or by letter, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political party or for any candidate for public office; nor shall any person solicit directly or indirectly, orally or by letter, or be in any manner concerned in soliciting, any such assessment, contribution, or payment from any officer or employee in the classified service of the state , the several counties, cities, or city school districts of the state, or the civil service townships of the state; nor shall any officer or employee in the classified service of the state, the several counties, cities, and city school districts of the state, or the civil service townships of the state be an officer in any political organization or take part in politics other than to vote as the officer or employee pleases and to express freely political opinions.

This means that, as a county employee, she cannot seek office in a partisan election and keep her job.

But just in case there is any doubt, the Ohio Administrative Code provides further clarification. According to OAC 123:1-46-02 Political activity of employees in the classified service (emphasis added):

(C) The following activities are prohibited to employees in the classified service:

(1) Candidacy for public office in a partisan election;

(2) Candidacy for public office in a nonpartisan general election if the nomination to candidacy was obtained in a partisan primary or through the circulation of nominating petitions identified with a political party;

(3) Filing of petitions meeting statutory requirements for partisan candidacy to elective office;

(4) Circulation of official nominating petitions for any candidate participating in a partisan election;

(5) Service in an elected or appointed office in any partisan political organization;

(6) Acceptance of a party-sponsored appointment to any office normally filled by partisan election;

(7) Campaigning by writing for publications, by distributing political material, or by writing or making speeches on behalf of a candidate for partisan elective office, when such activities are directed toward party success;

(8) Solicitation, either directly or indirectly, of any assessment, contribution or subscription, either monetary or in-kind, for any political party or political candidate;

(9) Solicitation of the sale, or actual sale, of political party tickets;

(10) Partisan activities at the election polls, such as solicitation of votes for other than nonpartisan candidates and nonpartisan issues;

(11) Service as, witness or challenger, for any party or partisan committee;

(12) Participation in political caucuses of a partisan nature; and

(13) Participation in a political action committee which supports partisan activity.

According to a report in the local paper, Sobecki has taken out petitions to run in the partisan March 2012 primary for County Recorder, so she is already in violation of state law.

The OAC also details the penalty for violation of this section:

(D) An employee in the classified service who engages in any of the activities listed in paragraphs (C)(1) to (C)(13) of this rule is subject to removal from his or her position in the classified service. The appointing authority may initiate such removal action in accordance with the procedures in section 124.34 of the Revised Code.

Additionally, a 2009 opinion from the Hardin County Prosecutor states:

A classified employee who participates in partisan political activity may further as well be prosecuted under O.R.C. 124.62. A conviction under 124.62 renders the position of the employee vacant by virtue of such conviction.

The law is clear and so is the task before the County Commissioners. They should immediately bring charges against Sobecki for violation of ORC 124.57 and she should be terminated if she chooses to continue to seek partisan political office.