Spencer Remoquillo, and Trista Thurston

Lancaster Eagle Gazette

LANCASTER – Local Republicans are divided on whether Lancaster Mayor Brian Kuhn should resign after being indicted Friday on two felony counts of failure to file two state income tax returns.

Kuhn's attorney, Dave Thomas, released a statement saying Kuhn has no plans to resign despite the criminal charges.

"It would be premature to comment on the allegations at this early stage in the proceedings," Thomas said in the statement. "However, it is clear from the indictment that the charges are related to Brian's personal tax returns and have absolutely no connection with his official duties as mayor or any other public office that he has held.

"Brian is committed to serving the people of Lancaster and to carrying out his vision for the city. He does not plan to resign," the statement concluded.

Kuhn, 52, was served with the indictment at his office by a Fairfield County Sheriff's Office lieutenant shortly after 11:30 a.m. Friday. Both charges, failure to file a tax return in 2014 and 2015, are fifth-degree felonies that carry a maximum one-year prison sentence each if convicted.

Brian Kuhn did step out of his office to hand media the prepared statement Friday afternoon, but declined to comment any further.

"I've been advised by legal counsel not to comment at this time," he said.

He did speak to 10TV earlier in the day, however, telling the station he had no intention of resigning.

“I’ve done a great job this first six months, and because I didn’t file a tax return isn’t going to affect the way I run the city," he said, adding that he didn't think the case would be a distraction. He also noted that the deadline for filing 2015 income taxes isn't until October with an extension.

Kuhn, a certified public accountant and former county treasurer, was under investigation by Ohio’s Auditor of State over the past several months after his wife, Bridget Kuhn, was accused of embezzling money from a local business and charity group.

Brian Kuhn’s alleged illegal activity is not connected to his wife’s case, according to investigators.

Ohio Auditor of State Assistant Chief Legal Counsel Robert Smith is handling the case. Smith did not respond to phone calls seeking comment Friday.

What happens if mayor resigns?

Fairfield County Republican Party Chairman Jeff Fix said Kuhn told him he had paid his back taxes.

"Obviously we're disappointed that he didn't get his taxes filed in time. ... My understanding from him is he has filed his tax returns and he is up to date," Fix said.

He added that he didn't believe this issue would have changed the executive committee's decision to back Kuhn because Kuhn has a great vision for Lancaster, adding that Kuhn "deserves an opportunity to see that through."

Lancaster City Council member Becky Tener, R-Sixth Ward, said she felt sorry for Kuhn's opponents in the November election.

"That's something you should know as an accountant," Tener said of the tax issues. "Why are you running if you knew you did something wrong?"

Greg Russell, who ran as a Democrat against Brian Kuhn, said the mayor should have stepped down when his wife was indicted and should undoubtedly step down now that he is faced with criminal charges of his own. Russell said he's already spoken with local Democratic Party leaders and plans to run for the mayoral seat in the next election.

"We're ready to go full force," Russell said. "I'm more motivated now than the first time I ran."

Still, Russell said he was disappointed this information wasn't released before the vote and he believes many Republican officials knew.

"It's been a long, disappointing ride for me," Russell said. "I've been patient sitting back waiting for something to happen."

Council President Bob Hedges, who would step in as acting mayor if Kuhn were to resign, said he hadn't heard more than rumors before Friday morning.

"Well, I wish that all this had come out prior to last year's election," he said.

The indictment came four days after Bridget Kuhn, 48, pleaded guilty to 11 felony charges, including grand theft and money laundering, after embezzling about $350,000 from her former employer, Frazier Electric, and American Legion Post 11.

Bridget Kuhn was fired from her job as office manager of Frazier Electric, owned by her former brother-in-law, when the theft of more than $300,000 from the business was discovered. This included a theft of money that was supposed to be sent to the Internal Revenue Service, which investigators said has caused many problems for the business owner beyond the initial financial loss.

Investigators said Bridget Kuhn had gone to casinos hundreds of times over the past three years and was stealing money to feed the habit.

Bridget Kuhn was under investigation before the November 2015 election, but the documents pertaining to the case were sealed. The case became unsealed when Bridget Kuhn was indicted on 50 felony counts in December.

Investigators said Bridget Kuhn used personal accounts for the money that was taken. Brian Kuhn told 10TV he had no knowledge of her crimes until she was charged.

“I’ve been there beside her steadfast throughout this whole process and she’s done a great job seeking treatment for her addiction, and she’s preparing for her sentencing," he told the station. “I’m not going to lie, it was tough situation.

"She admitted to her wrongdoings, and we’re moving forward. I know there’s the haters out there; you’re not going to change what they think, but there’s a lot of support and prayers and support for our family.”

He later added that "haters" was "not the right word to use," but declined further comment.

Hedges said he thought the Republican Party likely knew something of the Kuhns' troubles before the election, and that the party didn't do enough to weed out any corruption. Hedges is a Republican but said he isn't on good terms with the local party.

Many voters voiced their frustrations on social media and the Eagle-Gazette’s website that there was a known problem with Bridget Kuhn, and likely the mayor, before the election. Yet those issues were not publicly voiced until after the votes were counted and he was days away from assuming public office.

On Monday, Special Prosecutor William L. Archer Jr. said he is seeking substantial prison time for Bridget Kuhn, but he expects part of the sentence to be suspended so that she can begin to pay restitution to the victims. She will be sentenced July 8.

Brian Kuhn's first court appearance won't be scheduled until a visiting judge is appointed.