Seven Toledo-area unions have bankrolled a series of radio ads that attack Republican state Rep. Jim Mettler, including one that says Mr. Mettler “got a deal” after he was charged last year with drunken driving near Sylvania.

The 30-second ad, which was broadcast Oct. 25 and was expected to run through Election Day, says Mr. Mettler “found another Republican officeholder to serve as his lawyer. They went before a Republican judge and his Republican prosecutor. And - no surprise - Jim Mettler got a deal. A lesser charge and half the normal fine.”

Mr. Mettler and his attorney, GOP at-large Toledo councilman Gene Zmuda, attacked the ad as an example of “negative, personal attacks” and predicted that the effort would backfire at the polls Tuesday. Mr. Mettler managed Mr. Zmuda's re-election campaign in 1997, and Mr. Mettler said Mr. Zmuda has been his personal attorney for several years.

The ad, one of three anti-Mettler radio spots, is part of a union-led effort to help Democrat Teresa Fedor unseat Mr. Mettler in House District 52, which covers Ottawa Hills and most of South and West Toledo.

Court records show that the Sylvania city prosecutor's office agreed to lowering the charge from driving under the influence to reckless operation. Mr. Mettler on July 12, 1999, pleaded no contest to that charge.

Mr. Mettler was fined $250, with $125 suspended on the condition that he attend a driving under the influence program. Mr. Mettler attended a three-day program and his license was suspended 90 days, starting June 10, although he was granted driving privileges for the last 60 days.

Mr. Mettler said he may file an elections complaint, charging the ad is “false and misleading.”

“The bottom line is I made a mistake before I was in the legislature. I don't owe a political challenger an explanation or apology. I apologized to my wife and family. How dare [Ms. Fedor], when she will not talk about the issues in the campaign, dredge up personal things from my life and use those to her political advantage,” he said.

Jack Wilson, director of special projects for the Northwestern Ohio Building and Construction Trades Council, said the ad was not coordinated with Ms. Fedor's campaign. He accused Mr. Mettler of getting a “deal” because of Republican connections.

“Usually, a lot of judges won't accept reduced pleas. You either plead guilty or take it to trial. You have to have something going for you to get a reduced charge,” he said.

But Mr. Zmuda said Mr. Wilson's accusation was incorrect. Mr. Zmuda said he negotiated a plea bargain on Mr. Mettler's behalf, and the Sylvania city prosecutor's office agreed.

Robert Pyzik, the Sylvania city prosecutor, did not return several phone messages seeking comment. An assistant prosecutor could not be reached for comment.

Rolf Scheidel, a Toledo attorney, was the acting judge in Sylvania Municipal Court when Mr. Mettler pleaded no contest to reckless operation. He did not return messages. Mr. Pyzik and Mr. Scheidel are registered Republicans, according to Lucas County Board of Elections records.

Mr. Zmuda said he believes the Sylvania city prosecutor's office agreed to lower the charge to reckless operation because of “some problems with evidence.”

“To somehow suggest that this was some impropriety in the judicial system is utterly and completely outrageous,” he said.

In addition to the Building Trades Council, the unions behind the ads are the Sheet Metal Workers Local 33, Plumbers and Pipefitters Local 50, the Carpenters District Council of Northwestern Ohio, Iron Workers Local 55, Asbestos Workers Local 45, and the International Brotherwood of Electrical Workers Local 8.

Mr. Wilson said the unions have spent about $14,500 to broadcast the ads.

First Published November 4, 2000, 12:43 p.m.