Loveland Magazine will broadcast this event “Live” on Facebook today at 2 PM from the Hamilton County Board of Elections.
“One week after petitions for the recall of Loveland Mayor Mark Fitzgerald were rejected due to issues with the wording on the petition, Loveland Community Heartbeat PAC (LCHPAC) will be back at the Hamilton County Board of Elections to once again submit recall petitions. This round of petitions includes approximately 1,800 signatures of Loveland residents collected in just one week.”
EDITOR’S NOTE: Please excuse the quality of our recent video work from the Loveland City Hall council chamber. After the City recently hired a Public Information Officer (PIO), LOVELAND MAGAZINE TV, USA-Today videographers, and Cincinnati Area TV stations have been put into a small corral to one side of the room, and the podium was placed so that when the public rises to speak, they have their backs toward the audience and our camera. We have talked to the PIO, City Manager and the Clerk of Council about how this arrangement significantly degrades our video, “The old set-up allowed a video camera to swing back and forth between those at the podium and the council table. That arrangement had been used for decades.”
Our plea has fallen on deaf ears. The PIO, however, did respond saying, “Unfortunately, the arrangement of the media area will not be moved to accommodate better angles at this time.”
So, for the time being, LOVELAND MAGAZINE TV is forced to show butts instead of faces, except when Councilwoman Pam Gross uses the podium. (See this recent video)
[/quote_box_left]Loveland, Ohio -Business owner and former Councilmember Tim Canada, and residents Diane Powers and Barry Kuhn want the community and Loveland Council to consider changes to Loveland’s Charter. Their proposal is for voters to directly elect the Mayor and Vice-Mayor, and to implement term limits for all members of City Council. They are presenting several proposals for Council to consider. They want Council to initiate putting the question to voters on the November ballot. However, if Council fails to do so, the three pledge to circulate Initiative petitions and get enough signatures so voters can make a decision this November.
Canada appeared at the July 11 Council meeting to explain their proposal.
Later in the meeting Council member Pam Gross made a motion to direct the City Solicitor to give Council a report on the process for a Charter amendment and to also prepare a report on how a “Charter Review Committee” would work. The motion passed 6-0. Mayor Mark Fitzgerald was not at the meeting.
Cc: City Administration, Council Clerk, Media personnel
RE: Open Forum Statement – June 27, 2017 – Governance: Elections
From: Diane Powers, Main Street, Loveland, OH
Note: This was the essence of my statement that I planned to make at Tuesday’s Council meeting prior to the abrupt adjournment. Thought sending it to you all now and making it a part of the City’s public records for citizen communication would keep at least my position open and transparent to everyone.
I want to address Council to share my thoughts on the governance of “We the People”—we citizens of Loveland. I feel there is a fundamental difference between politics and governance. Politics is a focus on the past, manipulating facts, and building small alliances and favoritism that are not representative of the citizens. What it appears we have now, and have had for the last 15-20 years. Governance, on the other hand, is how our elected officials and public employees interact with the citizens to create a community that improves the quality of life by ensuring equal opportunities and access for everyone. As elections are once again coming up in just over 4 months, I feel it is important to state my perspective of the difference and why my efforts are focused only on improving governance. [quote_right]If we want to fix the now, we have to fix the how.[/quote_right]
It was during the height of some of this campaign toxicity, about a month ago, I had made a statement on a Facebook “conversation” (and I do use that term lightly) that, “If we want to fix the now, we have to fix the how.” How we choose the leadership of Loveland. How we ensure the city does not stagnate under a system of “status quo”. How we communicate a vision for the city’s future and elect the individuals most in-tune with setting policies to bring the vision into existence – our Mayor and Council Members. How we citizens address how we want to be governed.
Simultaneously, it appeared to quite a few people that a good start to “fixing the how” was 2-fold:
To move to direct election of the Mayor. This will eliminate the equivalent of Loveland’s “Electoral College”—in essence, 4 people/Council Members—that select the Mayor. It will also require individuals seeking the office of Mayor publicly declare it.
a. Provide for the Council Member receiving the most percentage of votes in Council Member elections becomes Vice Mayor.
2. To establish term limits for all elected officials.
Attached are 2 DRAFT Motions for each Item that were created with verbal input from a number of Loveland citizens. Establishing the language of the ballot measure and change to the municipal code is most definitely open to and, asked for, respectful dialogue from each and every Loveland citizen, Council Member, and the Mayor. I have also attached reference municipal code for Direct Elections from Beavercreek, OH and Cincinnati, OH. Both are local, comparable City Manager/Mayor-Council forms of government. We see these as building blocks for the final ballot language. They are what Tim Canada, a stakeholder in Loveland, was going to bring forward for Council consideration at the Tuesday session. We will be prepared to move this forward via a ballot initiative with necessary eligible voter signatures if Council does not.
It would be encouraging to see any or all Council Members, including the Mayor, demonstrate they are truly independent thinkers and voices and want to let voters decide critical issues by showing their support of the Motions and offering to officially bring these to Council for discussion and potential vote. Having a symbolic “John Hancock” signature on the informal Motions would go a very long way in demonstrating an ability to govern and not just engage in politics as usual. (This was for the Draft Motions at the meeting. At this point, an official Motion from any/all of Council desired.)
Lastly, it is also important to note that “my voice” is used to improve governance and not to campaign for anyone. Who I support is declared at the ballot box with my vote. I would love to say there is a person running that I trust their integrity, authenticity, intelligence, independence, and ability to communicate (listen to all sides of an issue) but I am not seeing these leadership qualities emerge. There’s four months remaining—someone, anyone, please step up.
Thank you for your consideration.
Diane Powers
Main Street
Ordinance Language for Motion – Sample Beavercreek
Proposed language to Replace SECTION 2.05 ORGANIZATION AND MEETINGS and SECTION 2.06 MAYOR AND VICE-MAYOR.
Six (6) Council members shall be elected as Council members at large to four (4) year terms on a rotation of three (3) members selected in one election and three (3) members selected in the next. This rotation will begin with three (3) persons being selected at the 2019 November general election and three (3) selected at the 2021 November general election and will continue at the November general election in subsequent off numbered years. The Mayor shall be selected by separate ballot to a four (4) year term beginning at the 2019 November general election and each four (4) years thereafter.
(A) Term Limitation.
(1) In no case shall any person be elected to either the office of Council member, Mayor, or a combination of the two offices, for more than two (2) consecutive terms of four (4) years each; provided that the term served in filling a vacancy or unexpired term shall not be considered as part of the two (2) consecutive terms of four (4) years each.
(2) Following the election to two (2) consecutive terms as either Council member, Mayor, or a combination of the two offices, no person shall immediately thereafter be eligible for election to either office, or a combination thereof, until a period of one (1) term consisting of four (4) years has elapsed.
(3) No person who has been elected to two (2) consecutive terms as Council member, Mayor, or a combination of the two offices, shall be appointed to fill a vacancy or unexpired term until a period of one (1) term consisting of four (4) years has elapsed since that same person last held office as either Council member or Mayor.
(4) Present members already elected to more than two (2) consecutive terms as either Council member, Mayor, or a combination of the two offices, shall finish the present term to which they were elected.
This proposed Charter amendment shall become effective from the time of its approval by the electors and shall apply to all present Council members and Mayor.
SECTION _______. QUALIFICATIONS.
The Mayor and each Council member shall be at the time of election or appointment, and shall remain throughout the term of office, a qualified elector of the City.
The Mayor and each Council member shall begin their term of office on the first day of January following their election. The Mayor and each Council member shall take the oath of office on or before the first day of January.
SECTION ______ OFFICERS OF THE COUNCIL.
The officers of the Council shall be the Mayor and Vice Mayor.
(A) Mayor. The Mayor shall have the right to vote on all issues before the Council but shall have no power of veto. In addition to the powers, rights, and duties as a Council member, the Mayor shall preside at meetings of the Council, shall be recognized as head of the city government for all ceremonial purposes, by the Governor for purposes of military law, and by the courts for civil process involving the City. The Mayor is recognized as the Chief Executive Officer [Executive Officer] as required by the Ohio Revised Code for purposes of declaring an emergency, but not for any action other than as required by declared emergencies. The Mayor may by ordinance have judicial powers and shall perform all other duties prescribed by ordinance or by resolution of the Council not inconsistent with the provisions of this Charter.
(B) Vice Mayor. The Vice Mayor shall exercise all the power and perform all the duties of the Mayor in case of temporary absence or disability. The City Council Candidate receiving the highest number of votes from City electors at the most recent November general election in an off numbered year will be the Vice Mayor and will serve as such for the first two (2) years of his or her term. If the office of Vice Mayor becomes vacant, the successor Vice Mayor shall be the member who received the next higher number of votes at the most recent rotation election of Council members. If it is not possible to identify a successor in that manner, the Council shall choose a new Vice Mayor at its next regular meeting. In the event of a vacancy in the office of Mayor, the Vice Mayor will serve as Mayor until such time as the vacancy is filled in accordance with Section _____ of this Charter.
And then, like a Friday afternoon bombshell – a plotline that’s been building for months…
by Mary Ann Lynn
Like sands through the hourglass… so goes the soap opera that is Loveland City Council. When we last left the city council majority, or the “Fitz Four” (Mayor Fitzgerald and council members Gross, Settell and Zamagias), they had really painted themselves in a corner – stomping out of a city council meeting after just seven minutes to the hearty boos of residents in the audience and subsequent public outcry. How did they get here? For a while, everything was going so well. The majority had the votes to pass anything they wanted. The mayor had padded key committees to further smooth the path. After a while, they didn’t even bother to communicate what they were doing to the council minority (Bailey, Phelps, Weisgerber) because, what was the point, really?
But there was this pesky group of “zealots” at every council meeting. They formed a PAC and relentlessly shined the spotlight on wrong doings of the Fitz majority. The broader population of residents started tuning in, paying attention, voicing concerns. Other groups of concerned residents were being formed and getting vocal. Week after week in editorials, meeting after council meeting, residents were speaking out against the lies and conduct of the council majority. Literally NOBODY was showing up to defend the behavior or integrity of the Fitz Four. If you are part of this majority, you need to change the narrative – quickly. Allegations of stalking and much ado over Facebook comments proved ineffective diversions. An obscure proposal for changes to the city’s charter provided some level of distraction – a brief reprieve.
[quote_right]Could the drama get any higher?[/quote_right]And then, like a Friday afternoon bombshell – a plotline that’s been building for months… Loveland Community Heartbeat PAC delivered to the Board of Elections mayor recall petitions with 2,000+ signatures – more than twice the number of signatures needed. The recall of Mayor Mark Fitzgerald is now all but assured. Four council seats are up for election in November, and the prospects for Fitzgerald, Gross or Zamagias retaining their seats are getting dimmer by the minute.
Could the drama get any higher? In the week since the recall petition submission, we have seen highly personal attacks on PAC members and the recall process, and a local business targeted for choosing not to participate in the controversy. Enough. More than 2,000 Loveland residents have spoken. These overly dramatic and sinister plots may make for good daytime drama, but they are being played out to the great detriment of our community. It is time to recast Fitzgerald, Gross and Zamagias.
Except as reserved to the people by this Charter, the legislative powers of the City shall be vested in a Council of seven (7) members, elected at large, for four-year (4) overlapping terms, with four (4) members to be elected at a scheduled municipal election and three (3) members to be elected at a scheduled municipal election two years thereafter. All elections of Council members shall be on a non-partisan ballot. (11-5-91, 11-6-01)
SEC. 2.02 QUALIFICATIONS.
Electors of the City of Loveland meeting the qualifications for member of City Council as set forth in the laws of Ohio shall be eligible to have their names placed on the ballot. A Council member who, during his or her term of office, ceases to meet such qualifications, or who is absent, without excuse by a majority of the other members of Council, from four (4) consecutive regular meetings of the Council, shall automatically vacate his/her office on the Council. (11-5- 91, 11-7-00)
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)
SEC. 2.04 BEGINNING OF TERM OF OFFICE.
The term of office of Council members shall begin on the first Monday in December following the regular municipal election held the first Tuesday after the first Monday of November in the odd- numbered years, or such other election date prescribed by the laws of Ohio. (11-5-91, 11-6-01)
SEC. 2.05 ORGANIZATION AND MEETINGS.
Following each municipal election, Council shall meet within five (5) days after the beginning of the term of office of the newly-elected members of Council, for the purpose of organizing. At such meeting, the newly-elected members of Council shall take the oath of office and the Council shall proceed to elect a Mayor and Vice-Mayor and may transact such other business as may come before it. Thereafter, regular meetings shall be held as prescribed in the Council rules, but not less frequently than twice each month. Except as otherwise provided by the laws of Ohio, all meetings of the Council shall be open to the public. A majority of the members elected or appointed shall constitute a quorum at all meetings. (11-5-91, 11-7-00)
SEC. 2.06 MAYOR AND VICE-MAYOR.
At its organization meeting, the Council shall elect, from among its own members, one to serve as Mayor and one as Vice-Mayor for a term of two (2) years and until their successors are chosen and qualified. The Mayor shall preside at Council meetings, when present, and shall have a vote on all matters which come before Council, but shall have no power of veto. The Mayor shall be recognized as the head of the municipal government for ceremonial purposes, but shall have no administrative duties. The Mayor shall have the judicial functions of a Mayor under the laws of Ohio until such judicial functions are performed by some other officer appointed or elected for that purpose. The Vice-Mayor shall perform the duties of the Mayor when the Mayor is absent or disabled. (11-5-91, 11-7-00)
SEC. 2.07 SALARIES.
The salary of Council members shall be fixed by ordinance. No increase in salary shall ever take effect during the term of the Council members enacting the ordinance.
The Mayor’s salary shall be fixed by ordinance. The Council may not increase or decrease the salary of the Mayor during his/her term of office.
The Vice Mayor’s salary shall be fixed by ordinance. Council may not increase or decrease the Vice Mayor’s salary during the Vice Mayor’s term of office. A temporary increase in the Vice Mayor’s salary is allowed if the Vice Mayor is performing the duties of the Mayor. (11-5-91, 11-6-01)
ARTICLE X. NOMINATIONS AND ELECTIONS
SEC. 10.01 MUNICIPAL ELECTIONS.
The regular election for the choice of members of the Council shall be held at the general election in the odd-numbered years. This shall be known as the Municipal Election. The Council may, by resolution, order a Special Election at any time, the purpose of which shall be set forth in the resolution. (11-5-91)
SEC. 10.02 CONDUCT OF ELECTIONS.
All elections shall be conducted under the provisions of this Charter by the Board of Elections of the respective counties in which the City lies. Where the Charter is silent, the provisions of the laws of Ohio shall be followed. (11-5-91, 11-7-00)
SEC. 10.03 NOMINATIONS.
No primary election shall be held for the nomination of candidates for Council. Nominations for the office of Council member shall be made by petition signed by not less than twenty-five (25) nor more than fifty (50) electors of the city. Petitions shall be the standard forms for the nomination of individual non-partisan candidates for such office. Group petitions shall not be used. Petitions shall be filed with the Board of Elections within the time period specified by the Ohio Revised Code. An elector may sign only as many petitions as there are Council members to be elected at the municipal election for which the nominations are made. (11-5-91)
SEC. 10.04 SPONSORS, ACCEPTANCE, VERIFICATION.
Each candidate shall have a sponsoring committee of five (5) qualified voters, whose names and addresses shall appear on each copy of the petition. The signature of the candidate indicating acceptance of the nomination and willingness to serve if elected shall appear on each copy of the petition. The petition may be in a number of parts, but each part shall be verified under oath by the circulator, as required by law. (11-5-91)
SEC. 10.05 BALLOTS.
The full names of all nominated candidates shall be printed on the official ballot without party designation. The resident addresses of candidates with the same surname, or with names likely to cause confusion, shall be placed below their respective names on the ballot. The names of all candidates shall be rotated on the ballot as provided by the laws of Ohio. (11-5-91, 11-7- 00)
SEC. 10.06 WRITE-INS.
Only in the event that fewer candidates are nominated by petition than there are Council members to be elected at the ensuing election, shall space be provided on the ballot for the writing in at the election of the names of additional persons. (11-5-91)
SEC. l0.07 WATCHERS AND CHALLENGERS.
At each municipal election, each regularly nominated candidate shall be entitled, on written application to the Board of Elections, at least ten (10) days before the election, to appoint one (1) person and one (1) alternate to represent him/her as a watcher and a challenger at each polling place during the casting and counting of ballots, and one (1) person and one (1) alternate to represent him/her as watcher and challenger during the canvass of votes at the Board of Election. (11-5-91)
SEC. 10.08 ELECTION.
The candidates for member of Council at the regular municipal election, equal in number to the places to be filled on Council, who received the highest number of votes shall be declared elected. (11-5-91)
SEC. 10.09 RECALL.
Members of Council may be removed from office before the expiration of their terms by the qualified voters of the City. The procedure for such recall shall be that provided by the laws of Ohio. (11-5-91, 11-7-00)
SEC. 11.01 OATH OF OFFICE.
Every officer and employee of the City shall, before entering upon his/her duties, take and subscribe to the following oath or affirmation, which shall be filed and kept in the office of the Clerk of Council:
“I, (name), solemnly swear (or affirm) that I will support the Constitution of the United States, the Constitution of the State of Ohio, the Charter and Ordinances of the City of Loveland,
and will obey the laws thereof, and will faithfully discharge the duties of (______________), upon which I am about to enter.” (11-5-91, 11-6-01)
SEC. 11.02 OFFICIAL BONDS.
All officers and employees of the city, whose duties require them to handle municipal and other public money or property, may be required by Council to furnish a corporate bond issued by a company authorized to do business in Ohio, to protect the City against loss due to their acts. The amount of the bond in each case shall be determined by Council and the premium on such bonds shall be paid from the funds of the city. All such bonds shall be filed with the Clerk of Council. (11-5-91)
SEC. 11.03 PERSONAL INTEREST.
No member of the Council or any officer or employee of the City shall have any financial interest, direct or indirect, in any contract with or sale to the City of any materials, supplies, or services, or any land or interest in land. A person who knowingly and willfully violates this section shall be guilty of malfeasance in office and upon conviction thereof, shall be removed from office. Any contract or agreement made in violation of this section shall be violable at the election of the Council. (11-5-91)
SEC. 11.04 REMOVAL FROM OFFICE — DISQUALIFICATION.
Whenever, in this Charter, certain acts on the part of City officials are described as constituting malfeasance in office, the procedure for complaint, trial and judgment thereon shall be that prescribed by the laws of Ohio. (11-5-91, 11-7-01)
RP Diamond is the exclusive retailer of LOVELAND HIGH SCHOOL SPIRIT WEAR Welcome to RP Diamond Printing & Embroidery located at 370 Loveland Madeira Road
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)
EDITOR’S NOTE: Please excuse the quality of our recent video work from the Loveland City Hall council chamber. After the City recently hired a Public Information Officer (PIO), LOVELAND MAGAZINE TV, USA-Today videographers, and Cincinnati Area TV stations have been put into a small corral to one side of the room, and the podium was placed so that when the public rises to speak, they have their backs toward the audience and our camera. We have talked to the PIO, City Manager and the Clerk of Council about how this arrangement significantly degrades our video, “The old set-up allowed a video camera to swing back and forth between those at the podium and the council table. That arrangement had been used for decades.”
Our plea has fallen on deaf ears. The PIO, however, did respond saying, “Unfortunately, the arrangement of the media area will not be moved to accommodate better angles at this time.”
So, for the time being, LOVELAND MAGAZINE TV is forced to show butts instead of faces, except when Councilwoman Pam Gross uses the podium. (See this recent video)
[/quote_box_left]
Loveland, Ohio– Resident Tom Morris spoke at the June 13 Council meeting expressed concerns about the development of 50 or more condos on Butterworth Road which would add to traffic congestion on State Route 48 and West Loveland Avenue, and the need to improve the City’s infrastructure.
“We don’t have the roads for these kinds of projects. We don’t have the structure to get through the City. We need to be having more discussion before we go gung-ho with more condos, more properties, more apartments, more shopping places,” Morris said.
Morris asked if City Hall was sacrificing Loveland’s quality of life for people who may only live here three months to a year in an apartment at the expense of people who have lived here for sixty years in a home.
Morris said, “It’s terrible to see Historic Loveland falling apart literally and figuratively more each day.” He asked Council to involve the community in decisions affecting the future of Loveland.
EDITOR’S NOTE: Please excuse the quality of our recent video work from the Loveland City Hall council chamber. After the City recently hired a Public Information Officer (PIO), LOVELAND MAGAZINE TV, USA-Today videographers, and Cincinnati Area TV stations have been put into a small corral to one side of the room, and the podium was placed so that when the public rises to speak, they have their backs toward the audience and our camera. We have talked to the PIO, City Manager and the Clerk of Council about how this arrangement significantly degrades our video, “The old set-up allowed a video camera to swing back and forth between those at the podium and the council table. That arrangement had been used for decades.”
Our plea has fallen on deaf ears. The PIO, however, did respond saying, “Unfortunately, the arrangement of the media area will not be moved to accommodate better angles at this time.”
So, for the time being, LOVELAND MAGAZINE TV is forced to show butts instead of faces, except when Councilwoman Pam Gross uses the podium. (See this recent video)
[/quote_box_left]Loveland, Ohio -At the June 13 Council meeting, Sherry Hamlin spoke at Open Forum. She said that at the May 9 City Council meeting, Councilman Weisgerber moved to terminate Rob Stansel’s contract for economic development services because the contract violated the spending limits Council has authorized to the City Manager. The motion passed.
Hamlin noted that the May 23 agenda published on the City’s website included a resolution authorizing the City Manager to enter a new agreement between the City of Loveland and Rob Stansel. She said she was attending the meeting because she was interested in Rob Stansel’s contract, but when she got there it was no longer on the agenda. During the open forum, she asked, “Where did it go and why was it eliminated.”
Hamlin’s allegation is that agenda was later amended to eliminate the resolution, which would violate a Loveland ordinance and quoted a section of the code which says that any change to the agenda as it appears in “Council’s Packet” shall require the consent of a majority of Council at the meeting. Hamlin said that once an agenda item is made public it must be discussed in public unless a majority of Council votes to amend their agenda at the beginning of the meeting. “The fact that it was not, sends a message that somehow, somewhere, someone, discussed this topic outside of the public eye and an agreement was made to remove it from the agenda.” She said having an item appear and disappear is a direct violation of a Loveland Ordinance,
Hamlin’ said this was another signal that back door discussions were happening at City Hall. She said, “Residents who have spoken at open forum have made it clear that they crave transparency. And I just ask. When will our request be honored?”
“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.
Loveland, Ohio – Loveland Magazine was live last night, and the only local media outlet to cover the Loveland Council meeting. Before City business was discussed, Mayor Fitzgerald read a statement accusing Councilmember Rob Weisgerber of condoning violence towards Councilmember Pam Gross. Weisgerber tried to respond, but the meeting was abruptly adjourned and the microphone turned off, with votes by Fitzgerald, Gross, Angie Settell, and Steve Zamagias.
Weisgerber, Kathy Bailey, and Ted Phelps voted to continue the business meeting.
The result was also that residents who say they had hard hitting statements they wanted to make during the open forum, were also not heard last night.
Bailey, who voted against the adjournment said afterward that she believed the adjournment was rehearsed and scripted by those who voted for it. You can see her interview at the end of the live-stream. 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 live-stream continued to run after the “majority” council members had left the room, and you can watch as Weisgerber addresses the audience and the charges made about him by the Mayor.
You can go to the end of the live-stream to see the interview with Bailey.
Here is the social media post that Fitzgerald said was left on Weisgerber’s Facebook page and therefore condones violence towards Gross:
Rob Weisgerber
June 21 at 9:50pm ·
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 have to give her anything. Thats a violation. Does she have a subpeona? 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 ass kicking 80s style lol.
Bailey said there was important City business on the Council agenda last night. In protest, some members of the audience crumpled or ripped in half, the meeting agenda.
EDITOR’S NOTE: Loveland Magazine sent an email this morning to the Councilmembers who voted to shut down the meeting asking for their response regarding Kathy Bailey’s accusation last night that the abrupt closing down of the council meeting was pre-planned.
Loveland, Ohio – As of Friday, July 24, according to the Hamilton County Board of Elections, the following have picked up petition packets to run for Loveland Council, however, none have submitted their petitions to the Board.
No one has picked up petition packets to run for Loveland School Board.
Loveland Council
Todd Osborne
Arthur E. (Ted) Phelps, Jr.
Pamela Gross
Dave Heimbach, the Administrative Associate at the Hamilton County Board said on Friday, “Loveland Council and Loveland School Board have not had any petition filings, to date. There could be others, not on our list, circulating petitions. The deadline for Loveland Council and Loveland School Board petition filings is August 9 at 4 PM”
Loveland School Board Open Seats (3 to be elected – 4 year term)
Dave Blumberg – Term Expires 12/31/17
Tim Taggart – Appointed to the Board in 2017 to fill the remainder of term vacated by Linda Pennington, Term Expires 12/31/17
Michele Pettit – Term Expires 12/31/17
Open Loveland Council Seats (4 to be elected – 4 year term)
Pam Gross – Term Ends: 12/04/2017
Ted Phelps – Term Ends: 12/04/2017
Robert Weisgerber – Term Ends: 12/04/2017
Stephen Zamagias – Term Ends: 12/04/2017
Loveland resident, Neil Oury is currently circulating petitions for a re-call of Loveland Mayor, Mark Fitzgerald. If Oury’s petition drive is successful, he will ask voters in November to give him the remainder of Fitzgerald’s term which expires 12/02/2019. ([Video] Fitzgerald Re-Call Petitions delivered to Elections Board)
Loveland Magazine has sent an email to all of these potential candidates, asking if they plan on running.
UP-DATE:
Loveland School Board member, Michele Pettit replied, “I will be running again this fall. Since I have been out of town I will be picking up my packet next week.”
Loveland Councilmember Rob Weisgerber replied, “Yes I do.”
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by Mary Ann Lynn
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