November 26, 2014

Elyria
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Commissioners favor deputy clerk’s ouster

William Montgomery

William Montgomery

ELYRIA — The Lorain County commissioners are looking for a way to bar a deputy clerk of courts who is awaiting sentencing on gross sexual imposition charges from county property.

But County Administrator Jim Cordes and Assistant County Prosecutor Gerald Innes, who are researching the issue, both said so far they haven’t found a legal way that would prevent William Tyrone Montgomery from going to work.

“We certainly cannot ban him from being in a public building,” Innes said.

Cordes said that the only criminal charges that would lead to an automatic discharge of a county employee under Ohio law are crimes of theft, deception or fraud. Sex offenses aren’t on that list, he said.

Montgomery, 52, has remained on the county payroll since he was indicted in August just weeks before the statute of limitations would have expired on the charges that he molested a girl beginning in 1983, when she was 8 years old.

According to prosecutors, who dropped additional rape and sexual battery charges when Montgomery pleaded guilty earlier this month, the sexual abuse continued for years.

Clerk of Courts Ron Nabakowski said earlier this week that he probably won’t fire Montgomery if Montgomery receives probation in the case, but he won’t make any final decision until Montgomery, who could receive prison time, is sentenced.

A sentencing date has not been set.

Under the terms of the plea deal, Montgomery will have to register as a sexually oriented offender for 10 years.

Commissioner Tom Williams, who proposed finding a way to force Nabakowski to fire Montgomery, said virtually every other business or government office would have fired someone who pleaded guilty to sex crimes involving an underage victim.

“It’s a shame really because Nabakowski has it within his rights to go through and fire this individual,” he said. “Now I’m trying to find a way to force Mr. Nabakowski to do the right thing.”

Nabakowski said Wednesday he isn’t surprised by the commissioners’ efforts given the public outcry over Montgomery’s employment status. But he also said that although the case is in the justice system now, the crimes themselves are far in the past.

“He did some horrible stuff that I despise, but that was 25 years ago,” he said.

Williams’ fellow commissioners, Ted Kalo and Lori Kokoski, both said they would have fired Montgomery if he worked for them, but they also doubt there’s much they can do to compel another elected official to take action.

“If it was one of my employees I would not keep him on, but it’s not my call,” Kokoski said.

Williams said he’s received multiple calls from the public about Montgomery and if Nabakowski doesn’t relent, he and others might seek to have Nabakowski removed from office.

Innes said in order to remove a county elected official from office Williams would need to gather a certain number of people to join him in filing legal action and it would be up to a county judge to decide whether Nabakowski was guilty of malfeasance or misfeasance in his duties and issue a court order removing him from office.

Nabakowski declined to comment on Williams’ suggestion that he would try to remove him from office, and Williams himself acknowledged it would be a difficult task. Williams said such an effort would have to include other allegations of wrongdoing by Nabakowski in order to succeed.

Nabakowski said this week that he doesn’t intend to seek re-election in 2016 and that he is following his conscience by keeping Montgomery, who works on computer systems and has little interaction with the public.

Williams said given the level of public anger and his own concerns about Montgomery walking around a county building wearing county identification, he feels he has little choice but continue looking for a legal way to get rid of Montgomery.

“There’s a lot of outrage that Nabakowski would side with a guy who pleaded guilty to being a child molester,” Williams said.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.


  • Aaron J. Pettibone

    Who’s this Nabakowski first referenced in the seventh paragraph? What office does he hold? The assumption must be that we already know, I don’t…

    • Starryeyes63

      Clerk of Courts,

  • Sis Delish

    “both said so far they haven’t found a legal way that would prevent William Tyrone Montgomery from going to work.”…

    Get that woman who posted an Online Petition to remove Sito from LL East to post another Petition.

  • GreatRedeemer

    I don’t believe there is any specific reason necessary to place
    a recall election on the ballot. 15% of the voters’ signatures on a petition shouldn’t be too hard given the reasoning.

    • oldruss

      Not sure that county officials can be recalled. The governor and the state-wide executive offices are not subject to recall, nor are municipal officials in statutory cities (those without charters, like Lorain).

      Perhaps, the county commissioners could eliminate the position that Montgomery holds. I believe that the county commissioners establish all positions in county government through the power of the purse, including the clerk of court’s office.

  • golfingirl

    “Cordes said that the only criminal charges that would lead to an automatic discharge of a county employee under Ohio law are crimes of theft, deception or fraud.”

    How about the life he “stole” from this child.

  • Sis Delish

    If they were my Computers, I wouldn’t want a convicted felon anywhere near a keyboard. No Telling what kind of exit damage is possible.

  • Sarah Boesger

    I fully support Commissioner Williams in his efforts. Please see the attached article for more information on people who victimize children.
    http://www.childluresprevention.com/research/profile.asp

  • Sarah Boesger

    How many victims does a child molester average?

    Interviews guaranteeing complete confidentiality
    and immunity from prosecution, conducted by Emory University
    psychiatrist Dr. Gene Abel*, uncovered that:

    Male offenders who abused girls had an average of 52 victims each.

    Men who molested boys had an astonishing average of 150 victims each.

    Only 3% of these crimes had ever been detected.

    • Sarah Boesger

      Posted in response to the following comment from Ron Nabakowski: “He did some horrible stuff that I despise, but that was 25 years ago”

    • Karl Vincent

      Dr. Gene Abel. Exaggerated his findings. Much of his work is flawed. Not a reliable source of statistics.

      • Sarah Boesger

        • The behavior is highly repetitive, to the point of compulsion, rather
        than resulting from a lack of judgment.

        – Dr. Ann Burges, Dr. Nicholas Groth,
        et al. in a study of imprisoned offenders
        I appreciate you letting me know about the unreliability of Dr. Abel’s work although I am finding conflicting opinions on his validity.

        • Karl Vincent

          Not a problem. There is a lot of bad info out there on this subject. The O.D.R.C. has a lot of good information available.

  • Sis Delish

    The story here is much more than a story about a child molester, Ms. Boesger. It’s about a Political System in Lorain County and Elyria which is incapable of protecting Voters from harm. Keep digging for articles about a case which has already be adjudicated. The Real Story is about Nabakowski’s wavering.

    And, if I may add, your fervence in going after another Elyria resident for “speaking” vs. going after this Elyria resident who “acted” is troubling.

    But, your conscience and Mr. Nabakowski’s are, in my opinion, politically charged and politically influenced, otherwise we would see your Second Petition this week being vigorously promoted by you and your supporters from Monday.

    • Sarah Boesger

      I agree. However, I found the quote implying that Mr. Montgomery is no longer a threat to children to be in conflict with research on child molesters. Based on this expert research, it is unlikely that this is the only time that there was a victimization (as a disclaimer, I have no personal knowledge of Mr. Montgomery’s history and no knowledge of any other victimizations and am not insinuating that he has other victims). Mr. Nabakowski’s statement seems to be made by someone unaware of the proclivities of people who victimize children, hence, the link. If Mr. Nabakowski, as the Clerk of Lorain County Courts, is unaware of how child molesters operate, that is extremely troubling in and of itself.

      • Sis Delish

        By his inaction, Mr. Nabakowski is, shall we say, promoting sexual deviance within his Department, no?

        There is no evidence to the contrary, now that you have provided extensive research to the discussion on recidivism of these types of convicted molesters which can be concluded otherwise.

        Where is Your New Petition? Where are the others who so aggressively reacted earlier this week to your other Petition?

        Another poster commented in another blog that perhaps your inaction here is related to the fact that no gay child was harmed. Is this true?

        • greenlady0

          So Sarah B, is the only person who can start a petition????

          • Sis Delish

            When looking for success, you go to the successful.

            Sarah B’s success as an online Petition Author is what is important. Especially so, since this story also involves citizens of Elyria, where her success is recorded.

  • John Davidson

    At least Commissioner Williams is going to try to get rid of this child molester. The other two are just going to sit back and collect their pay.

  • Sis Delish

    I wonder if the writer of this article could delve into whether this firing delay is perhaps the result of a clause in a Union Contract which covers the staff at the Clerk of Court’s Department. That might explain where Nabakowski’s allegiance is focused.

  • Sis Delish

    Do The 33% from the 1-3% have a Club?

    • golfingirl

      Yes they do, it is called NAMBLA. The North American Man/Boy Love Association.

      Think Michael Jackson.

  • GreatRedeemer

    The amount of reciitsim of child molesters is staggering. Imagine the convicted criminal has a relapse on county property. This guy couldn’t get a secret
    clearance in the private sector, yet he works on county government computers.

    I’m glad the Commissioners are in favor of firing him, perhaps they will exert their zeal and help Mr. Nabakowski reevaluate his conscience.