city of

CINCINNAT

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PRIVILEGED DOCUMENT

Date: December 19, 2019
To: City Manager Patrick A. Duhaney and Mayor John Cranley
From: Paula Boggs Muething, City Solicitor (fly)?

Subject: State Auditor Referral

This memo is in response to your request for an overview of the process through which our
office worked with the Hamilton County Prosecutor?s Office to reach an agreed upon
resolution for review of a referral from the State Auditor?s office. While I have provided you
each with updates throughout this process, below is a comprehensive recounting of the
efforts our office undertook to ensure compliance with our obligations under all applicable
laws, including the City Charter and the Ohio Rules of Professional Conduct.

In early December, my office was informed by an investigator for the State Auditor?s office
that a referral would be forthcoming regarding city of?cials. We were informed that the
recommended charge was a misdemeanor offense; misdemeanor offenses within the City
would typically be handled by my office. Because of the obvious con?ict this would present
with respect to my continued representation of these City clients, my office was prohibited
from taking any substantive action with respect to reviewing and analyzing the referral.

In order to ameliorate the conflict, our office requested assistance from other jurisdictions.
This is not an uncommon practice; in the past, our office has handled cases for Columbus
and Dayton, and they have reciprocated. We requested assistance from the following
jurisdictions: (1)Columbus, (2)Dayton, (3)Toledo, (4)0regon, (5)Montgomery County,
(6)Akron, (7)Upper Arlington.

All of the above listed jurisdictions declined our request to review the referral. I contacted
Hamilton County Prosecutor Joseph Deters, who indicated that he, too, would be unable to
review the referral, but indicated a willingness to seek joint appointment of a special
prosecutor. We reached agreement that Patrick Hanley, a former federal prosecutor and
well-respected member of the criminal bar, would be an appropriate appointment.

Upon receiving the referral, the joint motion for appointment was filed, and we provided
the referral to Patrick Hanley. Our office will have no further involvement with this
matter. Please let me know if you have any questions.

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