WHITEHOUSE, Ohio — Had former Whitehouse Mayor Donald Atkinson not resigned in August, there would have been "sufficient grounds" to remove him from office because he was working while intoxicated, an investigator said.
After wrapping up an investigation requested by Whitehouse Village Council, the Toledo-based Spengler Nathanson law firm reported that "the majority of witnesses" interviewed "observed objective signs of intoxication at multiple Council meetings" from Atkinson. The report also says Atkinson displayed more signs of intoxication when he would call Village employees in the evening and night to discuss work.
The report also found that Atkinson "created a difficult work environment for Village staff."
Atkinson, who was sworn into office as mayor in January 2016, resigned on Aug. 17.
A mayoral primary election is scheduled for Whitehouse on Tuesday. Voters will cast ballots at the Community Christ Lutheran Church at 6517 Finzel Rd. in Whitehouse. Polls open at 6:30 a.m. and close at 7:30 p.m.
There are four candidates listed by the Lucas County Board of Elections: Richard Bingham, Tony Fronk, Rebecca Conklin Kleiboemer and Robert J. Crowe.
Whitehouse Village Council requested that Spengler Nathanson's investigator, James Silk, Jr., follow through on the investigation in the interest of transparency, despite Atkinson's resignation.
Council requested the law firm answer three questions in its report: if he "conducted Village business while intoxicated," if he "mistreated Village employees" and if he "misused public resources."
While the report found Atkinson did work while intoxicated and created a difficult work environment based on multiple interviewees saying similar things, it did not find that he misused public resources.
Atkinson denied that he was intoxicated at meetings and that he mistreated staff.
Silk interviewed all six council members, two Village administration employees and the Village law director as part of the investigation.
Witnesses told Silk that Atkinson smelled of alcohol at Village meetings, slurred his speech, had glassy eyes and struggled to run orderly meetings.
Each of the six council members also told Silk that their staff reported mistreatment by Atkinson, including that he called them during non-work hours, called and belittled them while he was intoxicated and "would threaten they would lose their jobs if they did not do what he wanted."
Silk's investigation also states that council was concerned about reports of Atkinson requiring staff to provide assistance for a fundraiser while at work and use their own funds to do so.
"There was evidence that staff were encouraged to support a fundraiser," Silk's report states.
But, "the staff was careful not to employ any Village resources for the fundraiser and did not work on the fundraiser during work hours."
Reports that Atkinson "requested that a Village account be opened to deposit funds," but backed off from the demand when he was told that it was inappropriate.
The evidence did not support a finding that Atkinson misused public resources, the report said.
The reports of conducting Village business and attending Village meetings while intoxicated were the only grounds sufficient to have removed Atkinson from office had he not resigned, the report states.
"Gross misconduct and malfeasance are implicated by Mr. Atkinson's conduct," the report states. "Attending meetings intoxicated at a level that affects one's ability to appropriately conduct Village business undermines the authority of the office and public confidence in the proceedings. Further, Mr. Atkinson was advised of Council's concerns regarding this issue, but he did not change his behavior."