Loveland, Ohio -On July 25 Dianne Bomar spoke to Council during the Open Forum of the meeting. She is upset that members of the community have been attacked. She said,”In recent weeks the efforts of a dedicated, unselfish community minded group of citizens have been attacked and rejected as self-serving. This group has worked tirelessly shine a light on the unsavory and dubious words and deeds of certain members of the Council. Their efforts have been met with derisive unsavory false, and extremely personal attacks by members of the Council. Lies, innuendo, and school yard bullying have become the overriding characteristic of the majority members of this Council, specifically by Mark Fitzgerald, Angela Settell, and Pam Gross.”
She says social media posts have now been filled with lies and invective and believes the dignity of the City has suffered irreparable harm. Bomar said Fitzgerald, Settell, and Gross should relinquish their roles as council members.
None of the three council members responded to Bomar’s allegations.
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Loveland, Ohio – Mayor Mark Fitzgerald’s Council term does not end until December 2, 2019, however about 2,054 signatures on a recall petition were delivered today to the Hamilton County Board of [quote_box_right]Loveland Recall History
Former Councilmember Todd Osborne said, “The last recall, the only recall, was in 1984. The city had sued HUD over Loveland Pines apartment complex. City council voted to end the lawsuit the day before the ruling, after spending $35,000. A recall petition went out and was certified by the Board of Election. The majority of Council was under recall. Ron Binegar, Roland Boike, John Munnis and John Banks. Binegar resigned but after the five day window. There was a lawsuit, which the petitioners won on appeal. Council had to establish an election date, which they refused to do for several meetings, including walking out without an adjournment. They had a special meeting at 7:25 AM to name the date. All three incumbents retained their seat.[/quote_box_right]Elections to end his term two years early. Members of the Loveland Community Heartbeat PAC (Political Action Committee) (LCHPAC) said the number of signatures is about twice the number of signatures required to get the recall initiative on the ballot this November.
In a press release issued last night, LCHPAC representative Halie Rebeccaschild said, “This has been a difficult time for Loveland residents. Walking every neighborhood in Loveland to collect signatures, we have seen firsthand not only the level of distrust and disappointment throughout the community but also the high level of awareness and engagement among Loveland residents.”
According to Sherry Poland, the Director of the Hamilton County Board of Elections, now that the petitions have been delivered, the Board will begin the process of verifying signatures. She said today that she is not yet positive of the total number of signatures that are required, but the process of determining the number will also begin. The City of Loveland is in three counties, Clermont, Hamilton, and Warren, and LCHPAC will need the signatures equal to 15% of the ballots cast in all three counties at the last Loveland Council election in 2015.
Poland said that if there are sufficient signatures, Fitzgerald will be notified and given five days to either resign his office or face the recall on November 7. She added that if Fitzgerald does resign, then the recall will not be on the Ballot.
If Fitzgerald does resign, council vacancies are filled by a majority of the six remaining Council members. If Council could not agree on a replacement, then Vice-Mayor Angie Settell, who would become Mayor, could appoint Fitzgerald’s replacement unilaterally. The new Councilmember would then have to run in November to retain their seat. Currently the seats of incumbents Pam Gross, Ted Phelps, Robert Weisgerber, and Stephen Zamagias will be on the ballot this fall. Fitzgerald’s resignation may open up a fifth open seat. A successful recall petition will also open up a fifth seat, but one that would be a head-to-head race against Fitzgerald. (Pleas see correction to this paragraph below.)*
If Fitzgerald does not resign, his name will appear on the fall ballot next to the name of anyone who petitions the Board to run against him. Resident Neal Oury has been calling for Fitzgerald’s resignation for several months and is currently collecting signatures to run head-to-head against the Mayor.
Fitzgerald has not acknowledged or responded to emails sent to his City and personal email accounts asking for comment. Fitzgerald was asked for his reaction of the petitions being delivered and of the recall effort in general. He was also asked if he would comment on any specific allegations made against him during the PAC’s signature gathering.
Fitzgerald was also asked if he sees the possibility of legal challenges to the recall petition, or the recall being on the November ballot. He did not respond.
Oury has already gathered more than 1,500 signatures and said he will wait to see the outcome of today’s petition submission before he will bring his own to the Board of Elections.
(This story was up-dated at 6:32 AM 7-22-17)
*CORRECTION:
Adopted Charter of the City of Loveland, Ohio
SEC. 2.03 FILLING OF VACANCIES.
Vacancies in the office of Council member shall be filled within thirty (30) days by vote of a majority of the remaining members of Council, by the selection of a person qualified as provided in Section 2.02 of this Charter. If Council fails to make a selection to fill such vacancy within thirty (30) days, the Mayor shall forthwith make the appointment. Such person so chosen shall serve the remainder of the unexpired term of the Council member whose vacancy he or she was appointed to fill. (11-5-91, 11-6-01)
“Why is this so?” his voice cracking, almost reaching falsetto. “Why can’t there be civil discussion instead of personal attacks?
– Loveland Mayor Mark Fitzgerald
by David Miller
Loveland, Ohio – Mayor Mark Fitzgerald called the June 27 Council meeting to order. He led those gathered in the Pledge of Allegiance. In unison, everyone said, “Indivisible.”
[quote_box_left]
The Mayor quoted Dr. King saying, “We must live together as brothers or perish together as fools.”[/quote_box_left]
He asked for a roll call and found that all Council members were present. He quoted the Rev. Dr. Martin Luther King Jr. and asked why the love for the community often turns to hatred on the second and fourth Tuesday of each month. “Why is this so?” his voice cracking, almost reaching falsetto. “Why can’t there be civil discussion rather than personal attacks?”
Then, he laid into the audience and Councilmember Rob Weisgerber.
He said there were community agitators infiltrating the City and spreading lies.
[quote_box_right]
THE FACEBOOK POST THAT PROMPTED PAM GROSS’ CALL TO THE POLICE:
You dont [Sic] have to give her anything. Thats [Sic] a violation. Does she have a subpeona [Sic] ? She can request all day long. Lol who does she think she is? Trying to pull another fast one with intimidation. She nerds a good old fashion loveland [Sic] ass kicking 80s style lol.
[/quote_box_right]
He said vitriolic rhetoric had taken an “even darker turn” when a post (Read the post below) appeared on Weisgerber’s Facebook page where a threat to Councilmember Pam Gross could be found. He said that Weisgerber had made no attempt to admonish the person who wrote the comment. At that point, Weisgerber asked City Solicitor Joe Braun for a “point of order” where Council rules would dictate that Fitzgerald yields the floor to the Solicitor so he could address the “point of order”.
“Point of order,” could be heard at least ten more times during Fitzgerald’s four-minute barrage of charges leveled at Weisgerber and the community. Councilman Ted Phelps joined in asking for a point of order.
Fitzgerald to Weisgerber, “You are contributing to this misinformation and innuendos throughout our City. And, you routinely impugn the reputations of our citizens who volunteer their time and unselfishly serve our City.”
“False. False,” Weisgerber told the Mayor who was not deterred from finishing his speech without interruption.
Fitzgerald to Weisgerber, “You have created and fueled a toxic environment in our City – spawning threatened violence”
“At the minimum, you should be sanctioned,” Fitzgerald said waving his hand toward Weisgerber. “All this talk about resignation, you’re the one who should resign,” he continued with another wave of the hand in Weisgerber’s direction.
“Then, give me a chance to explain,” Weisgerber pleaded.
Fitzgerald continued his prepared speech – his speech pattern unbroken and gathering speed.
Fitzgerald only yielded the floor when as he finished his speech, he looked toward Vice-Mayor Angie Settell who had practiced the next line. In a fraction of a second she said, “Mayor, I move to adjourn.” Gross knew the next line and immediately seconded the motion, twice nodding in the direction of Fitzgerald, making sure he saw the ball coming back in his direction.
Weisgerber said, ‘Point of order” one more time.
The City Solicitor finally got a chance. He said, “There is no discussion on a motion to adjourn.”
The Mayor, who can count to four, called for the vote on the motion to immediately close the meeting.
Fitzgerald, Settle, Gross, voted, “Yes.”
Weisgerber said a defiant, rather loud, “No”
Kathy Bailey voted, “No.”
[quote_left]Phelps’, “No,” was said emphatically in comic disbelief.[/quote_left]Phelps’, “No,” was said emphatically in comic disbelief.
The 3-3 tie vote was broken when Stephen Zamagias cast the deciding, “Yes.”
Down came the Mayor’s gavel, placing the 14-minute meeting in the history books, enshrined in the official City Journal.
Zamagias and Gross had already packed their belongings in a neat stack before the motion was made. Gross had already grabbed her handbag from the floor and leaving her seat before the vote was tallied by the Clerk. She was through the side door within eight seconds. The other “Yes” voters quickly followed Gross’ exit out the side door, leaving the three “No” voting Councilmembers stunned. The three had expected to go through the full agenda of City business.
The dazed, angry, audience responded, “Boo! Who do you work for? Wrong! Who do you work for? Who do you work for people?” At least three of them had wanted to use the open forum portion section item on the agenda to speak of their community concerns.
Weisgerber, remaining in his seat, calmly stating his case for not deleting the Facebook comment. He also told the audience about the conversation he had with Sean Rahe, the Loveland Police Chief the next day. Rahe got involved after Gross called him to investigate, according to Weisgerber’s account. Weisgerber also said that he was told by Rahe that the comment didn’t rise to the level of a threat and Rahe had also consulted with the Clermont County Prosecutor for a second opinion. According to Weisgerber, the Prosecutor was not convinced the post constituted a threat.
In an email to the Police Chief that Weisgerber sent about seven hours before the council meeting, he said, “I understand Pam’s concerns and I am strongly against hate or threatening speech yet I will not censor free speech. Having said that, I don’t see what was said as a threat but that is not my call.”
Rahe responded by saying, “Rob, thank you for your time, and this response. I understand your position. Sean.”
While the Solicitor was still in the room, former Councilmember, Todd Osborne rose and said, “As a taxpayer, I asked the City Solicitor… We have not had a meeting. This meeting has not been adjourned properly. It has to be adjourned correctly, and, there has to be public business.”
[quote_left]Hearing this, Mays crumpled the meeting agenda she was holding. Resident Patti Sandmayr Horton , ripped the agenda in half then placed it at the empty spot where Pam Gross had been sitting a few moments before.[/quote_left]The solicitor returned to his seat, was about to speak, but just shook his head as if to say, I don’t know when he realized the microphone had been turned off? When a member of the audience asked, “Are they coming back, he simply said, “No, they adjourned. They adjourned.”
Pat Mays, a former member of Council was sitting in the audience, she held up the meeting agenda and asked, “So, this is mute, so, none of this is going to happen?
The Solicitor answered by saying, “The meeting was called to order and it was adjourned.”
Hearing this, Mays crumpled the meeting agenda she was holding. Resident Patti Sandmayr Horton , ripped the agenda in half then placed it at the empty spot where Pam Gross had been sitting a few moments before.
After the meeting, Bailey went on camera to respond to what had happened. She said Fitzgerald’s prepared statement, “Was really nothing more than an attack on Councilmember Rob Weisgerber.”
Bailey described the meeting end, “As soon as he finished his speech, in clearly what was a practiced and rehearsed and already decided move,” the meeting was adjourned. “So, all of us council members, the staff, dozens of citizens that were here – all for nothing because they took their ball and went home.” Bailey [quote_right]Bailey said it was clearly practiced and rehearsed.[/quote_right]said they had a full agenda for the meeting, including working on a collective bargaining agreement that, “Has to be dealt with in the next couple of days or we have a problem.” She said the four majority members who closed the meeting had no concern for the business of the City or for the citizens or anyone else who showed up.
Fitzgerald, Gross, Settell, and Zamagias had left the meeting room, so were not available for any rebuttal to Bailey’s allegation of a scripted shut-down of the meeting.
The next regularly scheduled Council meeting is in three weeks on July 11. The “second” Tuesday of the month.
EDITOR’S NOTE: Loveland Magazine sent an email the next morning to the Councilmembers who voted to shut down the meeting asking for their response regarding Kathy Bailey’s accusation that the abrupt closing down of the council meeting was pre-planned. None have responded.
The post on Rob Weisgerber’s Facebook page on June 21 at 9:50 PM ·that Fitzgerald and Gross say condones violence towards Gross
Rob Weisgerber
To all my friends out there and especially for those who have spoken out against Mark Fitzgerald and Pam Gross on Loveland City Council. Pam Gross today submitted 9 separate public documents requests for all emails and documents between me and a host of private citizens. The magnitude of the list of names is very disturbing. She had also made the same request of Ted Phelps and Kathy Bailey included in those 9 requests.
I will be clear that her request looks to be so broad and ill defined that no one can respond. Legal council now has to be involved to resolve. Pam is costing you the residents of Loveland by wasting your tax dollars on petty requests.
The depth Pam Gross is willing to stoop to for her campaign is embarrassing
(Name Redacted by Loveland Magazine) You dont [Sic] have to give her anything. Thats [Sic] a violation. Does she have a subpeona [Sic] ? She can request all day long. Lol who does she think she is? Trying to pull another fast one with intimidation. She nerds [Sic] a good old fashion loveland ass kicking 80s style lol.
![[VIDEO] Dianne Bomar says the dignity of Loveland has been tarnished by three Councilmembers](https://lovelandmagazine.com/wp-content/uploads/2017/08/maxresdefault-3.jpg)
![[Video] Fitzgerald Re-Call Petitions delivered to Elections Board](https://lovelandmagazine.com/wp-content/uploads/2017/06/2017-election-graphic-100x65.jpg)
