OH court ruling hurts bonding companies, taxpayers

By Maggie Thurber | for Ohio Watchdog

Should a school official convicted of theft in office still get a state pension?

According to Ohio law he does, and bonding companies that insure against such illegalities are not entitled to restitution, an appeals court has ruled.

In Ohio, many public officials, especially those who handle money, are bonded to ensure the “faithful execution of their duties.” The public employer pays the cost of bond, like an insurance policy, and if money goes missing or is misspent, the bonding company will reimburse the public employer.

But with this latest ruling, the courts have made it clear a public employee’s pension cannot be garnished to recoup any money paid by a bonding company when an employee steals from a public employer.

This particular case involves Dan Burns, the business manager for Toledo Public Schools. When the TPS superintendent left for the superintendent position inCleveland, Burns went with him.

Burns also brought an already established scam.

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