Loveland Magazine

LOVELAND MAGAZINE

News and Events from the Loveland, Ohio Area

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Since 2004

Tag: election

  • What does Loveland Charter say about electing/recalling Mayor?

    What does Loveland Charter say about electing/recalling Mayor?

    Adopted Charter of the City of Loveland, Ohio

    Adopted November 6, 2001

    ARTICLE II: THE CITY COUNCIL

    SEC. 2.01 NUMBER, SELECTION, TERM.

    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)

    READ THE FULL CHARTER OF THE CITY OF LOVELAND

    ALSO READ THESE RELATED STORIES:

    What you should know about recall elections

    [Video] Fitzgerald Re-Call Petitions delivered to Elections Board

    Who is running for School Board and Council? – Other Election News

    Here’s what Vice-Mayor Settle didn’t want you to know

    [Exclusive Video] Oury will run to replace Fitzgerald in recall election

    [Exclusive Video] “We will rise!” – Shouting matches erupt at council meeting

    Mark Fitzgerald is Loveland’s new Mayor by secret ballot

     

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  • What you should know about recall elections

    What you should know about recall elections

    This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association.  It was prepared by Philip C. Richter, Executive Director of the Ohio Elections Commission.

    Q:  What is a recall election?
    A: Recall is a method that can be used to remove an official from a public office before the end of his or her term.  A recall election is a right reserved to the people served by the official. It can only take place after a petition signed by the required number of qualified voters is certified.Q:  Could an Ohio governor be removed through a recall election?
    A: No. Neither the Ohio constitution nor the Ohio Revised Code (ORC), Ohio’s collection of written laws, provide for recall elections for statewide offices. For this reason, Ohio voters cannot use recall to remove a governor.

    Q:  Can a city official be recalled in Ohio?
    A: Yes. The ORC provides that any elective officer of a municipality may be removed from office by qualified voters as long as that official has served at least one year of his or her term. Although state law allows cities to hold recall elections, any particular city’s charter may either allow or forbid such an election. The wording of the city charter determines whether recall is an option.

    Q:  Assuming a city’s charter allows it, how can a city official be recalled in Ohio?
    A:  In Ohio, a petition must be signed by qualified voters. By law, the number of signatures required must equal at least 15 percent of the total votes cast at the most recent municipal election. In the petition, the voters demand that the city official in question be removed in favor of another official to be chosen by the voters in a recall election. This petition must be filed with the board of elections. If the board of elections finds the petition to be valid and the official in question does not resign from office within five days, then the lawmaking authority in that city may set a day for a recall election. The recall election is held 30 to 40 days after the petition is validated.

    Q:  Would I be voting for one person over another in a recall election, like in a regular election?
    A:  No. You actually have two separate votes. The first vote asks you to decide, with a “yes” or “no” vote, whether you wish to remove the official from office. The second vote asks you to select, from a list of qualified candidates, a successor for that official. The second vote is considered only if the first vote results in the removal of the official. The official who voters are being asked to recall may not include his or her name as one of these candidates to be considered.

    Q: How would a successor candidate qualify for the ballot?
    A: In a recall election, there is no primary election. Rather, a candidate who wants to replace the incumbent must file his or her intent to run for office with the board of elections at least 20 days before the special election. Each candidate must provide a petition with signatures equal to 10 percent of the total votes cast at the most recent regular municipal election. Call your local board of elections to get the exact number of signatures required.

    Q: How many votes are needed to recall an official?
    A: If a majority of voters decide the official should be removed, then the official will be removed. Whoever is chosen to succeed the official will then hold office for the remainder of the recalled official’s unexpired term.

    Q: If the official is not recalled, can he or she be compensated for recall election expenses?
    A: Yes. If the voters decide to keep the official in office after a recall election, that official is entitled to be repaid his or her actual and legitimate expenses from the city treasury, up to 50 percent of allowed campaign expenses for any regular city election.

    12/2/2015

    What does Loveland Charter say about electing/recalling Mayor?

    Here’s what Vice-Mayor Settle didn’t want you to know

    [Exclusive Video] Oury will run to replace Fitzgerald in recall election

    Mark Fitzgerald is Loveland’s new Mayor by secret ballot

    [Exclusive Video] “We will rise!” – Shouting matches erupt at council meeting

    Mark Fitzgerald is Loveland’s new Mayor by secret ballot

     
  • [Video] Fitzgerald Re-Call Petitions delivered to Elections Board

    [Video] Fitzgerald Re-Call Petitions delivered to Elections Board

    by David Miller

    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)

     

    See also: 

    Who is running for School Board and Council?

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  • Secretary Husted certifies signatures for Marsy’s Law ballot initiative

    Secretary Husted certifies signatures for Marsy’s Law ballot initiative

    “Today, we move closer to making equal rights for crime victims a reality in Ohio,” said Dr. Henry T. Nicholas, founder of Marsy’s Law for All. “We are excited that Ohioans will be able to vote on placing basic, enforceable rights for victims of crime into the state constitution.”

    [quote_box_left]The amendment would provide crime victims with specific rights, including the right to be treated with fairness and respect for the victim’s safety, dignity and privacy; to be notified about and present at proceedings; to be heard at proceedings involving release, plea, sentencing, disposition, or parole of the accused; to a prompt conclusion of the case; to reasonable protection from the accused; to be notified about release or escape of the accused; to refuse an interview or disposition at the request of the accused; and to receive restitution from the individual who committed the criminal offense. (Credit BallotPedia)[/quote_box_left]by David Miller,

    Columbus, Ohio – Ohio Secretary of State Jon Husted today certified that Marsy’s Law proponents have met the necessary requirements to place their proposed constitutional amendment, titled the “Ohio Crime Victims Bill of Rights,” on Ohio’s November 2017 General Election Ballot.  

    Petitioners were required to submit at least 305,591 valid signatures, a number equal to 10 percent of the total votes cast for governor in the most recent gubernatorial election, 2014. The petitioners of Marsy’s Law satisfied this requirement through the submission of 371,749 valid signatures statewide.  

    As part of the total number of signatures needed to place the measure on the ballot, petitioners are also required to have submitted signatures from at least 44 of Ohio’s 88 counties, and within each of those counties, collected enough signatures equal to five percent of the total vote cast for governor in the most recent gubernatorial election, 2014. The petitioners met this requirement, having collected enough signatures to meet the five percent threshold in 54 counties.

    Under the Marsy’s Law for Ohio amendment, crime victims would have the right to notification of all proceedings as well as be guaranteed the right to be heard at every step of the process. Victims would have the right to have input on all plea deals for offenders as well as the right to restitution resulting from the financial impact of the crime.

    Having met the constitutional and legal requirements to place the matter before Ohio voters, the issue will appear on the ballot during the General Election held on November 7, 2017. The next step in the process is for the Ballot Board to convene to approve the ballot language that voters will consider this fall.  

    It is the constitutional and statutory duty of the Secretary of State to verify and certify signatures submitted for citizen-initiated constitutional amendments, initiated statutes and legislative referenda.

    The Marsy’s Law movement began in 1983 when Marsy Nicholas was stalked and killed by her ex-boyfriend in California. Only a week after her murder, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they saw the accused murderer. The family, who had just visited Marsy’s grave, had no idea the accused murderer had been released on bail.  

    Following his sister’s murder, Dr. Nicholas has dedicated himself to giving victims and their families across the country constitutional protections and equal rights. Dr. Nicholas, who is a native of Cincinnati, is funding the effort in Ohio.

    You can watch the video below from the national office of Marsy’s Law. Read more about the Ohio effort.

     

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  • [Exclusive Video] Council Majority shuts down meeting and goes home

    [Exclusive Video] Council Majority shuts down meeting and goes home

    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.

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  • Who is running for School Board and Council? – Other Election News

    Who is running for School Board and Council? – Other Election News

    EDITOR’S NOTE: This story will be continuously up-dated as election news is published.

      

    Council hopeful Andy Bateman’s Candidate Statement

    Kent Blair launches Loveland council campaign featuring resident engagement platform

    [BREAKING] Board of Elections gives Loveland Mayor 5 days to resign…

    Ned Portune is a candidate for the Loveland School Board of Education

    [VIDEO] Interview with Halie Rebeccaschild after turning in Fitzgerald recall petitions for 2nd time.

    Three candidates officially file for Council and School Board seats

    [Video] Fitzgerald Re-Call Petitions delivered to Elections Board
    Secretary Husted certifies signatures for Marsy’s Law ballot initiative
    What you should know about recall elections
    What does Loveland Charter say about electing/recalling Mayor?
    Here’s what Vice-Mayor Settle didn’t want you to know
    [Exclusive Video] Oury will run to replace Fitzgerald in recall election
    Mark Fitzgerald is Loveland’s new Mayor by secret ballot
    [Exclusive Video] “We will rise!” – Shouting matches erupt at council meeting
    Mark Fitzgerald is Loveland’s new Mayor by secret ballot

    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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  • Elizabeth Blust to Mayor Fitzgerald: I don’t give you permission to bulldoze City Hall

    Elizabeth Blust to Mayor Fitzgerald: I don’t give you permission to bulldoze City Hall

     

    [quote_box_left]

    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 has 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 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 Elizabeth Blust spoke at the May 23 Council meeting. She said she only recently became more aware of City politics. The talked about her ethical concerns surrounding activities at City Hall and finished by saying she did not give Mayor Mark Fitzgerald permission to bulldoze the municipal building.

    Blust challenged Fitzgerald to send her a “Spoliation Warning” letter like he sent to other residents.

     

     

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  • [EDITORIAL] Council and City staff must curb Mayor Fitzgerald’s reign of error

    [EDITORIAL] Council and City staff must curb Mayor Fitzgerald’s reign of error

    by Loveland Magazine Publisher, David Miller

     

    Mayor Mark Fitzgerald announced at the beginning of the May 23 Council meeting that he has instituted a “zero tolerance policy” towards whispering or passing documents during meetings. The Mayor in recent months has used his gavel indiscriminately and in a random manner to quiet the audience attending meetings. He routinely warns them against applauding what their fellow citizen’s say during the open forum portion of meetings. Lately, he has warned citizens he will use the police force to remove anyone who disrupts the meetings

    Less than five minutes later, when Councilwoman, Pam Gross walked to the same podium the public uses, he allows, and joins, in applauding Gross’ presentation. Then, seconds later, when resident, Mike Meldon followed Gross to the same podium, and the audience applauded Meldon’s comments about how important the environment was to the community, the Mayor said he was issuing his final warning about applause and he will be asking the police to remove anyone who, “Disrespects that request.”

    The Mayor was speaking on behalf of all of Council. None objected to the policy. There are two other people sitting at the council table who also remained silent, Dave Kennedy, the City Manager and Joe Braun, the City lawyer. These are the two professionals Council hires to keep them out of trouble. Professionals, who have been hired based on their knowledge and expertise of the law and how a municipality operates within the laws of Loveland’s Charter, the Ohio Constitution, the Ohio Revised Code, and the Constitution of the United States.

    [quote_box_left]No matter, Fitzgerald needs counsel now, and there are nine people who have a sworn duty to deliver it to him, because, sitting on your hands is equivalent to sitting on the Constitution.[/quote_box_left]In addition, the Loveland Police Chief is almost always in the room, another professional the City has hired to protect citizen’s rights.

    Nine people who are sworn to protect our citizens have sat silent and not objected while the Mayor, at random whim, takes away the public’s right to free speech, and threatens to use the “color” of the police department for enforcement.

    See below just recent examples of how Fitzgerald shows favor to certain subjects and individuals and bullies other silent.

    If in his randomness, Fitzgerald continues, or heaven forbid has someone removed from the room or arrested, he will have hoed himself and taxpayers a deep, deep furrow because of his discrimination. He will certainly lose in court, and it will be taxpayers paying the bills.

    Fitzgerald’s discriminatory, gavel is causing turmoil in our community and doing harm to the Community’s reputation.

    Perhaps there are three “majority” members of Council who are afraid that if they cross the Mayor they will be treated to the same wrath and scolding, but that is not an adequate excuse. Perhaps the other three “minority” members of Council are sitting on their hands, thinking ahead to election time, letting the Mayor dig his deeper furrow.

    No matter, Fitzgerald needs counsel now, and there are nine people who have a sworn duty to deliver it to him, because, sitting on your hands is equivalent to sitting on the Constitution.

    In this LOVELAND MAGAZINE TV video, you will see clips of the Mayor indiscriminately enforcing his rule against applause within about ten minutes of issuing his warning. He allows applause when fellow council member Pam Gross takes the podium, and himself is seen applauding, but gives the audience a final warning when the next speaker, a resident, speaks about the importance of Loveland’s environment.

    In this LOVELAND MAGAZINE TV video, you will see other clips of the Mayor indiscriminately enforcing his rules. In one clip from several meetings ago you will see Fitzgerald telling resident Tom Calarco to turn around and speak to Council and not the public. Calarco had only turned his head, looking to see if there were any police officers in the room, whom he had just complimented. In the next clip, you will see Fitzgerald allowing Councilwoman Gross to rearrange the microphone on the podium so she could stand behind the podium, and address the audience with her back to the rest of Council.

     

  • Who is Joe Wessels and what does he do at City Hall?

    Who is Joe Wessels and what does he do at City Hall?

    Residents deserve to know

    by Halie Rebeccaschild

    Dear Loveland Magazine Readers,

    Who is Joe Wessels? Does he have a contract with the city of Loveland? And how do we pay him? Residents deserve to know. The email you can read below, from Joe Braun, Loveland City Solicitor, was sent to me on 5/15/2017 in response to a Public Records Request request that I sent to Clerk of Court, Misty Cheshire, on 5/10/2017 in regards to the employment of Joe Wessels as PR consultant and independent contractor for the city of Loveland.

    On 5/11/2017, Wessels dedicated some time on the Loveland Community Heartbeat Political Action Committee (LCHPAC) Facebook page making public allegations that LCHPAC had been spreading false and misleading information to the public about the lack of engagement that Loveland City Council majority members have had with the residents of Loveland. At that time, Wessels stated that he is a new, part-time employee who represents the city, and he engaged with our stakeholders on our Facebook page from 7:45-11:50 AM, as well as a thread on another social media application used by Loveland residents, NextDoor. That thread may be seen in entirety here: https://www.facebook.com/LCHPAC/posts/451134371900703 .

    [pull_quote_left]Of course, the big question residents should want to know: How much does the city pay for a public relations consultant to spend hours on Facebook?[/pull_quote_left]It seems prudent that anyone claiming to speak for the city should provide evidence to residents supporting that claim. Residents also have the legal right to review employment contracts and verify the authority by which contractors are hired. Of course, the big question residents should want to know: How much does the city pay for a public relations consultant to spend hours on Facebook?

    [pull_quote_right]Is it possible that Joe Wessels is actually a campaign tool for the majority on council?[/pull_quote_right]This last question is especially important given his motivation to clean up the poor public relations problem of our city council, all of whom are elected by Loveland residents. Is it possible that Joe Wessels is actually a campaign tool for the majority on council, two of which are up for reelection on November 7th and one of which, Mark Fitzgerald, has petitions actively circulating to recall him to the 2017 ballot?

    Given that the positions Wessels chose to take on the Facebook thread serve the interest of the current development philosophy and the positions of the majority on council who drive that philosophy, it does indeed appear that Joe Wessels is election campaigning for the majority members up for reelection (or protecting the job of the city manager, Dave Kennedy). Why else would the city need a PR person to troll a Facebook page of a political action committee established with the singular intention of removing those members from city council this year and of questioning the development agenda of the city? 

    [pull_quote_left]It does indeed appear that Joe Wessels is election campaigning for the majority members up for reelection.[/pull_quote_left]In particular, Wessels claimed that a 6-resident session at the high school in February of 2016 somehow counted as sufficient engagement to endorse the current plan to demolish and rebuild city hall. I personally would like to call Wessels out on that information as patently false and unsupported by minority on council who attended, as neither was a 4-story, multi-use city hall project discussed at that meeting, nor has the city done any outreach to engage residents on this particular project (or any other development planning in the last eight years). Residents deserve to know we’ve been sidelined for nearly a decade, and we are clearly not going to get that information from Wessels or majority council. But let’s take a look at the money spent to cover up this unfortunate truth.

    [pull_quote_right]Why else would the city need a PR person to troll a Facebook page of a political action committee?[/pull_quote_right]Anyone who cares to stop abuse of tax payer funds and abuse of power should see the following employment documents for Joe Wessels (no contract exists, which means the authority to hire him is in question). Given the hourly rate of $125, Joe Wessels, an independent contractor who trolled the LCHPAC page from 7:45 AM until 11:50 AM on May 11th, will charge the city $500 to counter a single morning on the Loveland Community Heartbeat Facebook page. At 20 hours per week, Wessels will earn $2500/month, $30,000/ year to do the job that our majority on council should be doing to improve the poor relations between city council and Loveland residents. 

    I challenge Dave Kennedy, Loveland city manager, to produce authorization by ordinance or charter to pay for the ongoing public relations services of Joe Wessels. And I call to all Loveland residents to vote accordingly on November 7th, 2017.

    (Like and Follow Loveland Community Heartbeat on Facebook for daily updates on our efforts to hold majority council accountable on election day.)

    It’s time to Stand Up, Loveland!

     

    Halie Rebeccaschild is a Loveland resident and Secretary of Loveland Community Heartbeat Political Action Committee

     
    From: Braun, Joseph J.<jjbraun@strausstroy.com>

    Halie:

    You requested the following public documents from the City of Loveland:

    Any and all documents that detail Joe Wessels’ job description, salary, and any charter section or other materials governing his employment with the city and his salary amount.  Some of what you requested is information — not a public document.  Notwithstanding, in response to your public document request I am attaching any and all public documents in the possession of the City related to the work being performed by Joe Wessels. The City has no document that is a contract or job description responsive to your request.

    You should be advised that no documents are being withheld for any statutorily permitted reason or any privilege.  There are two redactions made to the documents related to his social security number and federal tax ID number.

    Thanks,
    Joe Braun

    Joseph J. Braun | Shareholder
    STRAUSS TROY CO., LPA

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  • Loveland Council and Community Improvement Corporation sued over violation of open meeting laws

    Loveland Council and Community Improvement Corporation sued over violation of open meeting laws

    The opening paragraph and first salvo of a lawsuit alleging City officials violated open meeting laws on two separate occasions.

     

    Loveland, Ohio – Loveland resident, Patty Horton-Sandmayr has sued the City of Loveland, individual council members, the City Finance Director, the Community Improvement Corp (CIC) and four of its members for violating Ohio’s open meeting law. She alleges Council illegally went into an executive session on September 13, 2016. She also alleges four members of the CIC went into an illegal closed-door meeting on March 20 of this year. She is asking the Clermont County court to prohibit these actions in the future by issuing an injunction, restraining the City, the CIC, and the individuals, from committing further violations of Ohio’s Open Meeting Act. She is also asking the City and the CIC to each pay a civil forfeiture of $500 each, court costs, and the cost of litigation.

    Horton-Sandmayr told Loveland Magazine, “It is time for the people of Loveland to know what our local government is doing. I felt it was time to put all of Loveland issues on hold – hoping we can work together as one community to keep our wonderful town fun and peaceful”.

    City Attorney, Joe Braun told Loveland Magazine in an email on Saturday morning, “The lawsuit claims City Council and the Community Improvement Corporation of Loveland failed to designate in their minutes on two occasions the proper section of Ohio law when holding an executive session. I have reviewed the lawsuit and it is based on inaccurate information and has no merit under law. The City will vigorously defend it and seek to have it dismissed.”

    Loveland Magazine followed up by asking Braun, ”What information in the suit is inaccurate? Is it that the minutes were not written accurately? Were the proper citations made orally before going into executive session? Or is it something else specifically?” Braun has not responded with an answer.

    You can read the complaint that was filed in the Clermont County Court of Common Pleas here: Complaint

    Named individuals are Mayor Mark Fitzgerald, Vice-Mayor Angie Settell, and councilmembers Kathy Bailey, Pam Gross, Ted Phelps, Rob Weisgerber, and Steve Zmagias. The Community Improvement Corporation members named are, Cory O’Donnell, Jay Stewart, Karl Weidner, and Kelly Flanigan who is also the City Finance Director.

    Horton-Sandmayr said that her family moved to Loveland in 1967, and she moved back in town about eighteen years ago.

    The CIC is an Ohio not-for-profit, quasi-government agency of the City of Loveland. Recently the CIC has made a controversial recommendation to City Council to demolish City Hall and replace it with a possible 4-story office building in Loveland’s Historic District with one floor of retail, City Hall on the second, and two additional floors of apartments. The CIC has come under fire by both residents and some members of City Council for meeting in a too-small room and during non-traditional hours for public meetings. The CIC has also recently been given the responsibility of selling and developing the City purchased, Loveland Bowling Lanes.

    The lawsuit doesn’t purport to know what was discussed during the meetings the public was prohibited from attending other than generic economic development issues that the bodies shouldn’t have been discussing behind closed doors. Horton-Sandmayr told Loveland Magazine on Saturday that she is in the dark as to what was discussed. Neither City Council nor the CIC publishes minutes of their discussions when they are behind closed doors.

    Horton-Sandmayr’s attorney is Matt Miller-Novak with the Cincinnati law firm of Godbey Law.

     

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