You might recall that while some were challenging the constitutional eligibility of former Kasich Ohio Department of Development Director Mark Kvamme to serve in Kasich’s Cabinet, we also suggested that the same constitutional prohibition applied to Kasich’s appointment to head the Ohio EPA, former Indiana state official Scott Nally.
Today, the Associated Press concluded that the Kasich Administration’s legal counsel apparently concluded we were correct:
Gov. John Kasich withdrew paperwork nominating an EPA director from out of state and resubmitted it after the man registered as an Ohio voter, according to state records obtained by The Associated Press.
The move last week involving Ohio Environmental Protection Agency appointee Scott J. Nally came three days after Kasich reassigned another out-of-state Cabinet director amid questions that his residency made the appointment illegal.
Nally’s situation is different, since he moved to Ohio to take the EPA job and intended to keep it for longer. He previously served as an assistant commissioner with Indiana’s environmental management department.
Kasich first submitted Nally’s appointment paperwork on Feb. 15. In a March 21 letter to Senate Clerk Vincent Keeran, the Republican governor asked for that paperwork to be withdrawn and replaced with new documentation. Records show Nally registered to vote in Franklin County on Feb. 17.
So now Nally is eligible to serve… but what about all the actions he’s taken as the head of the Ohio EPA until he became eligible to serve on March 17?
You know like that air permit Kasich made such a fuss about Nally signing during Kasich’s first week in office?