The state of Ohio rested its case Wednesday in the trial of Wapakoneta Mayor Tom Stinebaugh, charged with theft in office, having an unlawful interest in a public contract and conflict of interest. Stinebaugh’s attorneys will call their own witnesses starting Thursday morning.
J Swygart | The Lima News
WAPAKONETA — The former superintendent of the City of Wapakoneta’s engineering department testified Wednesday during the trial of Wapakoneta Mayor Thomas Stinebaugh that she had “serious reservations” when the mayor ordered the construction of a sewer line — at city expense and contrary to previous departmental recommendations — to service a home he was constructing on Fairfield Drive in 2018.
Mary Ruck said the mayor’s wishes were nonetheless carried out “because I was ordered to do it and he was the mayor and he can fire you.”
Ruck testified that a technician in her office had previously recommended that Stinebaugh tie a sanitary sewer connection for the home into an existing sewer line located across the street from the Fairfield Drive location. Stinebaugh’s attorneys had alleged during opening statements that city officials described the sewer line as being situated on private property but Ruck disputed that contention.
She testified Wednesday that the sewer line in question was on public property, but said Stinebaugh “instructed” city employees to survey the area to determine if a gravity sewer line could be installed along South Street near Fairfield Drive to allow a sewer hook-up. After the survey determined there was sufficient elevation for the new gravity flow sewer line, “we were directed by Mr. Stinebaugh to put that sewer in,” Ruck said.
She said that was contrary to past practices.
“The city doesn’t typically install sewer lines for a developer. I can’t think of a single time that we’d done that,” Ruck said. The 750-foot sewer line was eventually installed by Schaub Excavating at a cost to the city of $13,234.
“Do you believe that was wrong?” Prosecutor Micah Ault asked Ruck.
“Yes, I do,” she replied.
The state rests
The state late Wednesday afternoon rested its case against Stinebaugh, who is charged with one count of theft in office, a third-degree felony; five counts of having an unlawful interest in a public contract, felonies of the fourth degree; and five counts of conflict of interest, first-degree misdemeanors.
The final witness of the day was Connie McDonald, an investigator with the Ohio Ethics Commission, who testified her office had received “more than one complaint” concerning incidents during Stinebaugh’s tenure as mayor that were perceived as benefits received by the mayor and some family members which fell outside the law.
In addition to allegedly using his position to have a sewer line installed, Stinebaugh is accused of illegally appointing his brother as acting chief of the Wapakoneta Fire Department, personally benefiting through a private business relationship with a company who was negotiating for financial incentives to locate in Wapakoneta, and steering contracts for signage related to the 50th anniversary celebration of Neil Armstrong’s walk on the moon to a company owned by his sister.
Wapakoneta attorney Dennis Faller, who served as law director for the city of Wapakoneta for nearly 40 years, testified that Stinebaugh did not reach out for a legal opinion on any of the alleged incidents that served as the basis for the his indictment.
Under cross-examination by Stinebaugh’s attorney, however, Faller conceded there is a distinction to be made between the appearance of impropriety and actual wrong-doing by a public official.
“There is research involved” before such a conclusion can be reached, Faller testified.
Rachel Barber, president of the First to the Moon committee and co-chairperson of the 50th anniversary celebration of Wapak native son Neil Armstrong’s lunar landing, was questioned about contracts for signs to be placed at entrance points to the city that were related to the celebration that Stinebaugh is alleged to have improperly steered to a business owned at the time by his sister.
Barber testified that Stinebaugh told the committee that “he would take care of it (the purchase of signs) with his sister’s business.”
Chad Doll, a current member of Wapakoneta City Council, said council’s tourism/lodging tax committee had approved an expenditure not to exceed $17,500 for the purchase of five entrance signs. Asked if he was aware from where the signs were obtained, Doll said he did not recall.
The defense will present witnesses beginning at 9 a.m. Thursday. Defense attorney Amber Mullaly said during her opening statements that Stinebaugh will take the witness stand at some point during the trial.
