SHEFFIELD LAKE, Ohio — A third-party law firm says a man elected to Sheffield Lake City Council should be allowed to take office, despite his criminal record.
Councilman-elect Aden Fogel was sworn in as the Ward 3 representative Monday afternoon and will officially assume his duties in January. Fogel said it was a move he wanted to happen sooner rather than later.
“I just wanted to leave as little room as possible for them to do anything else,” he told News 5 on Monday.
In November, Fogel won as a write-in candidate with more than 70% of the vote. Weeks after his election win, the city’s law director recommended council vacate Fogel’s seat because of his criminal record.
RELATED: Law director: Felony convictions may make Sheffield Lake council member-elect ineligible for office
In a letter from Nov. 27, city law director David Graves informed the city council president that Fogel’s previous felony convictions made him ineligible for office, citing the Ohio Constitution and the Ohio Revised Code.
Sheffield Lake Mayor Rocky Radeff said the law director consulted with the board of elections, Lorain County Prosecutor and Ohio Attorney General after resident complaints.
"This wasn’t even an issue until citizens complained to us about believing that he wasn’t able to sit. There were calls over to the board of elections. These are all things that come to us. And once they come to us, the law department has the legal duty to do the research,” Sheffield Lake Mayor Rocky Radeff said on Dec. 10.
The law director’s letter included five felony convictions from four separate cases. Fogel pleaded guilty to two counts of marijuana trafficking in 1996, an attempted tampering with records charge in 2000, and possession of cocaine and drug trafficking charges in 2002.
Fogel served prison sentences and paid restitution for all of the convictions, and believed his criminal record from decades earlier should not have any bearing on his ability to serve in public office.
"There was never any doubt in my mind that I was eligible,” Fogel said.
In a letter to the city council president dated Dec. 24, partner attorney Patrick Quinn, from Columbus-based firm Brunner Quinn, concluded that Fogel should be allowed to take his seat.
The letter pointed to several Ohio attorney general opinions and a series of “unbroken court decisions” in cases questioning a convicted felon’s eligibility for public office.
Quinn said Fogel’s privileges were restored because he served his criminal sentences.
State law says certain offenses that involve theft, fraud or deceit can disqualify a candidate from seeking office, but Quinn said Fogel’s attempted tampering with records conviction does not specifically mean disqualification.
He also challenged the application of a 2005 state statute barring someone with felony convictions from holding a position with “substantial management or control,” saying Fogel’s convictions predate the law and are therefore exempt.
“I would hope it’s put to bed. I don’t see any other option,” Fogel said of further challenges to his eligibility.
The councilman-elect previously told News 5 he believed the recommendation to vacate his seat was in retaliation for his opposition to a controversial apartment project backed by the administration. The mayor refuted that claim.
"I would hope that no one else has to go through this. This could have been avoided very easily if the law director and the mayor, who’s also a licensed practicing attorney, would have read the statutes, and the case law and the Ohio attorney general opinions; none of this would have ever happened,” Fogel said.
He said he’s ready to move forward and focus on his upcoming role as a city council member.
“I just want to let everything settle down and get down to work,” he said.
The city said the latest opinion is not law, but it’s unclear whether any additional steps will be taken to vacate Fogel’s seat when council restarts in the New Year.
