Tracy L. Hmvkitls (0072 733)COURT or l3 CIVIL DIVISIONBROWN COUNTY. OHIO . Steve Adamson - ft (0556; R15 I it I Judge Scott T. Gusweilerand. COMPLAINT FOR REMOVALRebecca Adamson OF PUBLIC OFFICER Plaintiffs,VS.Dr. Judith Varnauin her capacity as Brown County Coroner Defendant.Now come Steve Adamson and Rebecca Adamson (tl1e ?Adamsons?), individually andon behalf of the more than 2,300 electors who signed the petition affixed to this Complaint asrequired by law (collectively, the ?Petitione1?s?), by and through the undersigned counsel, andseek the prompt removal of Dr. Judith Vamau (?Defendant?) from the elected of?ce of BrownCounty Coroner, pursuant to {$2.38 of the Ohio Constitution and pursuant to Rev. Code ?3.07 etseq. For their Complaint, the Adamsons state as follows:BACKGROUND1. Steve Adamson and Rebecca Adamson are residents of Brown County, Ohio andare the parents of the late Zachary D. Adamson (?Zachary?), who died on January 9, 2014 inBrown County, Ohio.2. The more than 2,300 signatures on the petition attached to this Complaint, thesame being incorporated by this reference as if fully restated herein, were obtained fromresidents of Brown County, Ohio and represent not less than ?fteen percent of the totalvotes cast in Brown County, Ohio in the most recent gubernatorial election as required by Rev.Code ?3.08.3. Defendant is a resident of Brown County, Ohio who currently holds, and has heldat all times relevant to this Complaint, the office of Brown County Coroner.4. In her of?cial capacity as the Brown County Coroner, Defendant has speci?cduties as proscribed by statute, as well as a duty to act reasonably and in the best interests of thecitizens of Brown County, Ohio.5. Petitioners contend that the Defendant breached the duties proscribed to her, bystatute, in her official capacity as the Brown County Coroner.6. Petitioners contend that the Defendant committed misfeasance, malfeasanceand/or nonfeasance in her official capacity as the Brown County Coroner.7. Petitioners contend that the Defendant willfully neglected to perform the statutoryduties imposed upon her in her official capacity as the Brown County Coroner.8. Petitioners contend that the Defendant breached her duty to act reasonably and inthe best interests of the citizens of Brown County, Ohio in her official capacity as the BrownCounty Coroner.9. Public of?cers may be removed for a series or pattern of misconduct.10. The removal of a public officer is a judicial proceeding and the trial court hasdiscretion over the manner in which the trial is conducted.1 1. A trial court?s decision to remove t11e Defendant from office must be supported byclear and convincing evidence.12. Zachary Adamson died in his Brown County residence from a gunshot wound onJanuary 9, 2014.13. Defendant was present at the residence and pronounced Zachary?s death.14. Zachary was transported to the Brown County Regional Medical Center inGeorgetown, Ohio.15. Defendant met with the Adarnsons at the hospital in Georgetown where theparties discussed Zachary?s death.?16. The Adamsons sought permission from the Defendant to return to and enterZachary?s residence in order to retrieve certain of his personal items.17. The Adamsons were advised by the Defendant that Zachary?s residence was notrestricted because it was not a crime scene.18. The Adamsons drove from the hospital to Zachary?s residence, whereupon theydiscovered that the premises was left unlocked.19. The Adamsons discovered that while rnuch of his personal property remained inthe residence, other personal items had been removed by others.COUNT ONEBreach of Duty to Secure Decedent?s Valuables20. Plaintiff incorporates the foregoing paragraphs as if fully restated herein21. Pursuant to Rev. Code ?313.14, the Defendant has a duty to secure the persona!valuables of Zachary Adamson.22. Defendant failed to secure, take custody of, store, inventory, or otherwise takeadequate steps to preserve Zachary?s valuable personal effects.23. Because Defendant failed to safeguard Zachary?s personal effects, certain itemswere removed from Zachary?s residence by others, none of whom were law enforcement orZachary?s family.24. Defendant?s failure to safeguard Zacl1ary?s personal effects allowed others toimproperly obtain and, upon information and belief, modify certain items of Zachary?s personaleffects and valuables.25. Defendant?s failure to safeguard Zachary?s personal effects and valuables causedadditional emotional distress to the Adaznsons, who had to take additional measures to acquireZachary?s personal effects and valuables.26. Upon information and belief, Defendant has failed to secure the personal effectsand valuables of other decedents in Brown County.27. Upon information and belief, Defendant has allowed the residences of otherdecedents to remain unlocked and unsecured upon conclusion of her evaluation of death scenes.28. Defendant willfully failed and refused to fulfill her statutory duties as coroner.COUNT TWOBreach of Duty to Deliver Firearms29. Plaintiff incorporates the foregoing paragraphs as if fully restated herein.30. Pursuant to Rev. Code ?3l3.l4l, the Defendant is required to deliver a decedent?sfirearms ?to the chief of police of the municipal corporation within which the body is found, orto the sheriff of the county if the body is not found within a municipal corporation.?31. The opinions of the Ohio Attorney General provide that, in the alternative, acoroner may deliver a decedent?s ?rearrns to his/her the next of kin.32. Defendant did not take custody of Zachary?s firearms, including the firearmpresumably used in his death.33. Upon information and belief, Defendant failed and refused to take possession of,handle or otherwise secure Zachary?s ?rearms.34. Upon information and belief, Defendant instructed and/or permitted Zachary?sroommate to handle the same ?rearm presumably used in Zachary?s death, and to take custody ofsame.35. Defendant willfully failed and/or refused to deliver the late Zachary Adamson?s?rearms to law enforcement.36. Defendant willfully failed and/or refused to deliver the late Zachary Adamson?s?rearms to his next of kin.37. Defendant willfully failed and/or refused to take reasonable steps to secure andsafeguard the other ?rearms owned and kept by Zachary at his residence.38. Upon information and belief, Defendant has also failed and/or refused to takereasonable steps to secure and safeguard other ?rearms owned by other decedents at other deathscenes in Brown County, Ohio.39. Upon information and belief, Defendant has also failed and/or refused to deliverother decedents? ?rearms to law enforcement from other death scenes in Brown County.40. Upon information and belief, Defendant has also failed and/or refused to deliverother decedents? ?rearms to their next of kin.COUNT THREEBreach of Dutv to Notifv41. Plaintiff incorporates the foregoing paragraphs as if fully restated herein.42. Pursuant to Rev. Code ?3l3. 14, the Defendant has a duty to notifythe decedent?snext of kin.43. On the night of Zachary?s death, the Adarnsons received a call that Zachary hadbeen shot with a repeated statement that, ?he?s not going to make it.?44. The Adamsons then spoke to another individual at Zachary?s residence whocon?rmed that Zachary had been shot and was unresponsive.45. As the Adatnsons were driving to Zachary?s residence, they received another callinstructing them to redirect their travel and to meet the coroner at the hospital in Georgetown.46. The Adamsons spoke to the coroner a?er a series of devastating phone callsreceived from others.47. The delay in between the Defendant and the Adamsons, togetherwith the content of the prior telephone calls regarding Zachary?s death, caused iinrneasarabledistress upon the Adamsons.48. Defendant willfully failed and refused to ful?ll her statutory duties as coroner in areasonable and diligent manner.COUNT FOURBreach of Duty to the Public at Large49. Plaintiffs incorporate the foregoing paragraphs as if fully restated herein.50. Defendant, as a public official, has a duty to act reasonably and in the bestinterests of the citizens of Brown County, Ohio when acting in her official capacity as the BrownCounty Coroner.51. Defendant?s failure to secure ?reartns at death scenes, including ZacharyAdan1son?s ?rearms, endangers the public?s health, safety and welfare because such items areinherently dangerous.52. Defendant?s failure to treat all death scenes, including Zachary Adamson?s deathscene, as possible homicides endangers the public?s health, safety and welfare because valuableevidentiary information and materials ordinarily useful in criminal convictions are compromisedor lost if not timely and properly collected from death scenes.53. Defendant?s decision and instruction to cause a deceased?s body to remain in avehicle while said vehicle was towed several miles is offensive and does not re?ect the degree ofdignity and respect owed to the citizens of Brown County, whether alive or deceased.54. Defendant?s decision and instruction to cause a deceased?s body to be transportedin the back of her personal pick?up truck in lieu of, for example, a hearse, a11 ambulance or othersimilar vehicle, is offensive and does not re?ect the degree of dignity and respect owed to thecitizens of Brown County, whetl1er alive or deceased.55. Defendant?s decisions and/or carelessness that resulted in body parts of decedentsto be left behind at death scenes is offensive and does not re?ect the degree of dignity andrespect owed to the citizens of Brown County, whether alive or deceased.COUNT FIVEGross Neglect of Duty56. Plaintiffs incorporate the foregoing paragraphs as if fully restated herein.57. Defendant violated Rev. Code ?3.07 by engaging in gross neglect of duty.58. Gross neglect of duty is more than mere neglect and occurs when such neglect ofduty, either from the gravity of the case or the frequency of the instances, becomes so serious asto endanger or threaten the public welfare.59. Defendant placed personal interests above the interests of the citizens of BrownCounty, Ohio.COUNT SIXMisfcasance, Malfeasance, Nonfeasance60. Plaintiffs incorporate the foregoing paragraphs as if fully restated herein.61 . I Defendant?s conduct in her official capacity as the Brown County Coroner, atdeath scenes and elsewhere, consists of conduct that is improper, acts which should not be done,and omissions of acts that she should have done on behalf of the citizens of Brown County,Ohio.62. Defendant committed numerous violations of her statutory duties as coroner.63. Defendant l1as, on multiple occasions, exercised poor judgment while acting inher capacity as coroner.64. Defendant violated Rev. Code ?3.07 by engaging in inisfeasance, which is theimproper doing of an act that a person might lawfully do.65. Defendant violated Rev. Code ?3.07 by engaging in malfeasance, which is thedoing of an act that a person ought not to do at all.66. Defendant violated Rev. Code ?3.07 by engaging in nonfeasance, which isomission of an act that a person ought to do.67. The law provides no clear guidance as to when misfeasance, rnalfeasance, ornonfeasance rises to the level of misconduct in office warranting removal; however, one act ofmalfeasance alone can be grounds for removal and willful action is not speci?cally required.68. Defendant?s acts and omissions are n1ore than just minor or isolated infractions.69. Defendant?s acts and omissions, individually and collectively, shock theconscience and are a substantial departure from the reasonable expectations of a coroner, andtherefore Warrant the severe sanction of removal from public office.WHEREF ORE, Plaintiffs respectfully request that this Court:A. Cause a copy of this Complaint to be served upon Judith Varnau at the address setforth in the caption of this Complaint;B. Order the Coroner suspended from office pending a formal hearing on theallegations set forth herein;C. conduct a hearing within thirty (30) days from the date of ?ling of thisComplaint on the allegations set forth herein;D. Find that Defendant has breached her statutory duties as the Brown CountyCoroner;E. Find that the Defendant is guilty of gross neglect of duty;F. Find that the Defendant is guilty of misfeasance, malfeasance, and/ornonfeasance;G. Find that Defendant is guilty of misconduct in office; andI-I. Issue an Order permanently removing Defendant from the office of the BrownCounty Coroner; andI. For costs of suit and reasonable attorneys? fees; and. For all other relief which the Couit deems reasonable and proper.Tracy L. 5 it.4030 Mt. Claimel-Tobasco Road, Suite 209Cincinnati, Ohio 45255513-84344110 Phone513-843-5470 FaxPRAECIPE title?-?H \6 To the Clerk of Counts:the Sheriff of Brown County, Ohio at 7661 White Swan Roa Ohio 45121 or atsuch other address or location as may be reasonably determined by and known to the Sheriff."if Tracy/if .1a??s (0072733)Please cause summons and complaint to be served up service of10