“January 31;2011-~ Butler County Commissioners Ati: Charles Furmon, Donald Dixon, Cindy Carpenter 315 High Street, 6" Floor Hamilton, Ohio 45011 Re: Open Letter Regarding Interim Prosecutor Appointment ‘Dear Commissioners, While we all have a personal preference as to our favorite candidate for the pending prosecutor appointment, it has come to my attention that you may not be contemplating a neutral, independent Interim Prosecutor for the eight days prior to the Central Committee vote. While it would be hoped this rumor of backroom deal-making is false, the rumor has continued to circulate. Please accept this letter as my most respectful request that the Interim Prosecutor not be'a candidate vying for the position. This action could very well be perceived as favoritism, and Tknow you support transparency in government and do not want io send the wrong image to the public ‘The Chief of the Civil Division, Roger Gates, works with the Commiissiotiérs on anv almost daily ‘basis and has been in charge of the office in Robin's absence. : It is my understanding that the Commissioners, on priot occasions, have expressed opinions that Roger Gates would be an. appropriate, neutral interim Prosecutor.” While you appointed Jeff. ‘Wyrick as Interim Clerk of Courts, your reasoning was based on the fact he was already employed in the office.as Chief Deputy; however, in this instance, appointing a criminal defense attorney for eight days is problematic for a variety of reasons. If a defense attomey is appointed as the Interim Prosecuitor, he must withdraw (before hand) from any criminal cases in which ‘he andlor his law firm are representing clients. “Even then, a special prosecutor must be appointed in those prosecutions. These legal expenses are unnecessary for an eight day appointment, especially in a time of financial crisis. To inject 2 person from outside the office (and who is involved in the political process), would inject politics into the Prosecutor's office, and it would be injecting politics into justice. While the staff in the Prosecutor's office understands change (in some macier) will be coming, the _ infusion of politics will only cause unnecessary turmoil. J personally will be taking vacation until the Central Committee vote is complete so that there can be no suggestion of direct or indirect infusion of politics within the office during the last stages of the process. This interim’ appointment of a candidate would ciroumvent and dilute ‘the Central Committee's voice in the democratic appointment process. ‘Many members would perceive it as an unbalanced and unfair move, creating an appearance of impropriety. ‘Thus, I respectfully urge you not to appoint a candidate who is involved in the process and to keep the process fair to all candidates equally. Thank you for your consideration to these matzers. Respectfully Submitted, apes mR, Phillabaum