CANFIELD — A bipartisan effort to oust Mahoning County Clerk of Courts Michael P. Ciccone from office through legal action accuses him of repeatedly abusing the authority of his office, using “discriminatory and degrading language,” and failing to “perform core statutory duties.”

The drive to gather the needed signatures on petitions to remove Ciccone, a Republican in his first year of elected office, will begin next month, county Democratic Party Chairman Chris Anderson and Tom McCabe, chairman of the county Republican Party’s executive committee, said at a Friday news conference in the office of attorney David Betras.

Betras, chairman of the county board of elections and a former county Democratic chairman, and Tallie Orengia, an attorney in his law office, wrote the complaint that will be filed once the required 13,029 valid signatures are collected and certified by the board of elections.

Ciccone, who hasn’t responded to repeated requests for comment by The Vindicator, including on Thursday or Friday, wrote in an Oct. 19 statement that he wouldn’t resign and remained “committed to leading the clerk’s office with professionalism, transparency and integrity.”

A sign hanging on Ciccone’s office door at the clerk of courts’ office reads in all capital letters: “NO ONE IS TO KNOCK ON THIS DOOR WITHOUT FIRST CONSULTING THE CHIEF DEPUTY KATHERINE RUDZIK.” It’s signed by Ciccone and dated Nov. 17.

Even if the petition drive is successful, organizers said it will take months before enough signatures could be collected.

Issues with Ciccone came to the forefront after he fired Jennifer J. Ciccone on Oct. 17 as his chief deputy and chief of staff after a falling out between the two controversial figures.

After her firing, Jennifer J. Ciccone posted on Facebook several incriminating text messages between her and her ex-boss in which he used a racial epithet a number of times, slurs about elected officials and numerous other embarrassing messages and photos.

Anderson said: “There’s a line that just simply can’t be crossed in public service and Mike Ciccone has absolutely crossed that; not only crossed it, he’s trampled it.”

Anderson said: “The complaint lays out a reality that’s not only disturbing, but it’s also simply unacceptable. We’re not talking about simple disagreements on policy or administration. We’re talking about malfeasance. We’re talking about a pattern of behavior that includes the alleged use of vile, racist and misogynistic slurs against employees, judges and private citizens that he allegedly represents.”

Anderson added: “We’re talking about an office culture built on intimidation, misconduct and fear. That’s not politics. It’s about basic decency and the rule of law.”

McCabe said: “This is a nonpartisan issue. It’s unacceptable what went on in this office. We’re already a year into his administration and every day, every week, more information comes out.”

In addition to inappropriate language, the complaint contends Ciccone “has repeatedly abused the authority of his office, failed to perform core statutory duties and administered the clerk’s office in a manner that undermined fiscal integrity, employee safety and public confidence in the judicial system.”

The complaint contends Ciccone’s conduct included “coercive supervision and loyalty-based personnel decisions (that) exposed Mahoning County to substantial liability, including, but not limited to claims for hostile work environment, discrimination, retaliation, negligent supervision, and violations of state and federal employment laws.”

The complaint lists counts of malfeasance, misfeasance, nonfeasance, neglect of duty and negligence in office.

The complaint accuses Ciccone of mismanaging the title office, overhiring and overpaying personnel, engaging in favoritism, improperly waiving filing fees, failing to properly supervise employees and “failing to perform essential statutory duties.”

STATE LAW

The effort to have Ciccone removed from office through the court system falls under Ohio Revised Code Sections 3.07-3.10.

The first section states any person holding office “who willfully and flagrantly exercises authority or power not authorized by law, refuses or willfully neglects to enforce the law or to perform any official duty imposed upon him by law, or is guilty of gross neglect of duty, gross immorality, drunkenness, misfeasance, malfeasance or nonfeasance is guilty of misconduct in office.” A person in those situations can be removed from public office.

ORC Section 3.08 requires the valid signatures of at least 15% of those voting in the last gubernatorial election — 86,859 voted in Mahoning County in 2022 so 13,029 are needed — on petitions to qualify for removal. Under state law, the petitions would have to initially be submitted to the clerk of courts — who is Ciccone — be forwarded to the board of elections to determine if enough valid signatures were collected and then go to trial. It’s highly likely that if it got to the final stage that common pleas court judges would recuse themselves and a visiting judge would be appointed by Ohio Supreme Court Chief Justice Sharon L. Kennedy.

A judge would handle the removal proceedings unless a jury trial is demanded by the official facing the charges, according to state law. After the complaint is filed, a hearing must be held within 30 days and the court may suspend the official pending the hearing, according to state law.

ORC Section 3.09 allows for an appeal to the appellate court if the officeholder is removed through a common pleas court decision while ORC Section 3.10 allows the common pleas and the appeals courts to subpoena witnesses.

McCabe said he’s seen petition drives take four to six months and others take eight to nine months.

“At the end, we’re going to get these signatures,” he said. “We feel it’s very reasonable.”

Anderson said both political parties have the infrastructure in place and the experience to collect the signatures.

He said: “The timeline, to be frank, is just how fast or how long it takes to collect those signatures. I’ve seen it where the signatures come incredibly quickly. I’ve seen it where you’ve got to work a little bit harder for them. But the signatures will come. I have no doubt.”

Betras said he recommends the political parties collect about 16,000 to 17,000 signatures to make sure at least 13,029 are valid. If the board of elections determines the submitted signatures are short of the required number, Betras said the political parties can continue collecting more.

Anderson said the petitions will be available at the headquarters of the two parties and there will be signature drives at various locations as well as people going door-to-door starting in January.

Betras said he and Orengia volunteered their time to write the complaint “because trust matters and strong institutions matter. Both party chairmen are facilitating the signature collections. This underscores the nonpartisan institutional nature of this. When both parties agree to something, when both parties agree that the law should be followed, that tells you this is about process, not about politics.”

Betras and Orengia on Friday sent a “formal notice” to Ciccone and county Prosecutor Lynn Maro to preserve evidence — including documents, communications and electronically stored information — that may be relevant to the anticipated litigation.