State ex rel. Zeigler v. Zumbar
Annotate this CaseDuring Greg Zeigler's tenure as Stark County treasurer, his chief deputy pleaded guilty to stealing almost $2.5 million from the treasurer's office, after which the county prosecutor instituted an recoupment action under Ohio Rev. Code Ann. 321.37. The board of commissioners then voted to remove Zeigler from office pursuant to Ohio Rev. Code Ann. 321.38, which permits the removal of the county treasurer by the board of commissioners upon institution of a suit under Section 321.37. Zeigler then filed an action for a writ of quo warranto to oust the current treasurer and to be reinstated as treasurer, arguing that Section 321.38 is unconstitutional. The Supreme Court granted the writ of quo warranto, holding (1) that because Section 321.38 does not require a complaint and hearing before authorizing a board of county commissioners to remove a county treasurer, it is unconstitutional; (2) the removal of Zeigler violated Ohio Const. art. 2, 38; and (3) Zeigler was entitled to serve the remainder of his elected term.
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