Loveland, Ohio – Shanda Gentry, a twenty-year resident took to the open forum mic during the July 25 Council and said she was appalled by the behavior of elected officials that would allow a speech to be made by the Mayor, and then walk out of a meeting without allowing anyone to respond. ([Exclusive Video] Council Majority shuts down meeting and goes home)
Gentry also addressed Council on the possible deal with a private developer to turn over part of the City owned Christman property for development.
Mayor Fitzgerald must not be allowed to drag Loveland residents and taxpayers into his personal election woes.
Open letter to Loveland City Council, City Manager, Clerk of Council, and City Solicitor,
In light of the special council meeting called by Mayor Fitzgerald for 7 PM this Monday night, Loveland Magazine hereby does, and will, protest if the meeting adjourns to executive session to discuss Fitzgerald’s, (through his attorney) notice to the Board of the Hamilton County Board of Elections (BOE) that, “We will be pursuing other legal remedies.”
If the Mayor says in vague terms that he will pursue other legal remedies (in regard to the Boards decision of last Friday that he must either resign by midnight Monday or stand in a recall vote this November) that this is his private matter and presumably since the statement was directed to the BOE or one member of the Board, it is of no regard to Loveland, Council.
If the Mayor has or will insinuate that the City will be involved in his private dispute with the BOE or a Political Action Committee, then it must be so “publicly” declared and discussed in an open meeting of Council. If the Mayor has called for this special meeting to discuss a private “civil” matter that he may pursue either as an appeal of the ruling to the Secretary of State or in a court of Common Pleas, We would ask all of you to consider the implications of a possible conflict of interest on the part of the Mayor.
Will Fitzgerald ask taxpayers to hire special counsel to represent his interests in a law suit he might file?
If Fitzgerald asks for an executive session to discuss a matter involving himself in possible litigation with a 3rd party, that he may attempt to draw the City of Loveland into, it would be out of order. In fact, in light of the conflict of interest, because of the implications of financial and personal advantage, the Mayor must not be allowed to enter the executive session. This would not be a matter of the mayor of a city being sued in his official capacity, but one Fitzgerald has indicated he may file in a matter of pursuing his personal political goals.
Loveland Magazine will suggest that Council is prohibited by law from entering into an executive session, and perhaps even this “Special Meeting” itself — to discuss any permutations of “Mark Fitzgerald vs. 3rd Party”.
This is not a case of the Mayor of a city being sued in his official capacity where he would be entitled to outside counsel, but litigation that Fitzgerald might himself initiate in a private political dispute attempting to salvage his political career.
Are you prepared to pledge a vow of silence?
Another ramification of Council and Staff discussing a “Mark Fitzgerald vs. 3rd Party” lawsuit in executive session (and one that I would suggest may be a motive) is that it would make ALL subject to sanctions if they ever publicly discuss anything mentioned in the closed door meeting.* Are you prepared to commit to a vow of silence on the Mayor’s election woes? Will this prevent the Solicitor or the other Council members from discussing these matters with the press? It is clear that the only person who will not respect the vow of silence is the Mayor.
Right to see the sausage made
Re-stated… Loveland Magazine believes that any “Mark Fitzgerald vs. 3rd Party” lawsuit or perceived “imminent litigation” must be discussed, if at all discussed by Council as a body, in an open session of Council. The press and indeed the residents of this City have a right under the laws of the City and the State of Ohio to listen to your discussions — to understand and appreciate the rationale behind your decisions.
To provide transparency in government, a free press needs to be able to comment and report on public matters in an informed fashion. An executive session would interfere with Loveland Magazine’s ability to scrutinize and report first-hand on government proceedings and deliberations. We and residents have a right to see the sausage made, and your formation of public policy.
* Charter of City of Loveland
117.01 COUNCIL RULES.
Rule 16. Executive Session.
Executive Session is reserved for matters permitted to be addressed in Executive Session pursuant to the Ohio Revised Code or to secure general legal advice from the City Solicitor and all matters discussed shall be kept in the strictest confidence. All members of City Council are prohibited from removing written notes from, and making audio/video recordings of, any executive session. All members of City Council are prohibited from divulging materials, topics of discussion (beyond the stated reason by the Mayor for the executive session), or discussions made during executive session meetings. Members who violate this non-disclosure policy of Executive Session will be subject to all possible sanctions.
Read background on the efforts to recall Fitzgerald as Mayor:
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 Mayor Mark Fitzgerald did not attend the meeting he called for at the Hamilton County Board of Elections challenging a decision to allow a recall election to go forward (File Photo)
Mayor has until midnight Monday to either resign or face a recall election in November
Fitzgerald and his attorney are no-shows for appeal hearing they requested
Norwood, Ohio – LOVELAND MAGAZINE TVwas live this morning from the Hamilton County Board of Elections when those wanting a recall election of Loveland Mayor Mark Fitzgerald received a unanimous 4-0 vote ruling their petition sufficient. The recall vote will be on the ballot in the General Election this November.
After Sherry Poland, Director of Elections ruled on Tuesday that the recall petition was sufficient, giving Fitzgerald five days to resign or face the recall vote, Fitzgerald filed an appeal of her decision. The appeal hearing was this morning in Norwood.
Fitzgerald has until midnight Monday to resign or face an opponent in the November election who seeks to serve the remaining two-years of Fitzgerald’s term. The presumptive candidate if the Mayor does not resign is Neal Oury who says he has enough signatures on a nominating petition to run head-to-head with Fitzgerald, but will not submit his signatures if Fitzgerald resigns. He will instead allow the petition he has already submitted to run for an “open seat” on council to stand.
The Board expressed that Fitzgerald may further challenge. Speculation from many in attendance was that Fitzgerald may challenge “when” the election would take place. Neither Fitzgerald nor his lawyer was in attendance this morning to defend their appeal.
Fitzgerald appealed partly objecting to the address Rebeccaschild used as a signature gatherer, however, Oury said that even if the signatures she gathered were all disqualified the group had more than enough valid signatures.
Both Oury and Loveland Community Heartbeat PAC spokesperson, Halie Rebeccaschild spoke to Loveland Magazine after the decision and their interview can be seen in the rebroadcast of the hearing below. The PAC was not itself responsible for the recall petition drive, however, Rebeccaschild has been a spokesperson for both groups. Fitzgerald nor his attorney were present at today’s hearing, thus not available for comment.
Loveland Magazine will broadcast live (Facebook) Friday morning from the Hamilton County Board of Elections at 8:30 AM as Loveland Mayor Mark Fitzgerald challenges and appeals the decision of the validity of petitions submitted for his recall from office.
Loveland, Ohio – After the Hamilton County Board of Elections on Tuesday gave Loveland Mayor Mark Fitzgerald five days to resign or face a recall vote this November he filed an appeal of the Board’s decision. The appeal hearing will be this Friday at 8:30 AM at 4700 Smith Road in Norwood.
On August 5, the Loveland Community Heartbeat Political Action Committee (LCHPAC) returned to again submit petitions to place the recall of Loveland Mayor Mark Fitzgerald on the November ballot. Fitzgerald has two years remaining on his four-year term and the group wants Neal Oury to run head-to-head with the Mayor so Oury can serve the remaining two years.
Slightly more than 1,800 signatures were gathered in a week on a revised petition after their first signature drive proved unsuccessful because of insufficient language on the petition. Previously, more 2,054 signatures were gathered and submitted on July 22.
In a statement to the Loveland Community Heartbeat PAC Tuesday, Sherry Poland, the Director of the Hamilton County Board of Elections said, “On August 4, 2017, the Hamilton County Board of Elections received a petition for the recall election of Mark J. Fitzgerald and an election of a successor. We have completed the review of the petitions and determined the petitions to be sufficient.”
Poland said that if Fitzgerald does not resign within five days, an election will be held at the next general election on November 7. She also informed the community group that attorney Doug Holthus, on behalf of Mark J. Fitzgerald, has requested a protest hearing on the validity of the petitions and that the board has scheduled a Special Meeting on Friday, August 11th at 8:30 AM to hold a hearing.
Halie Rebeccaschild, Secretary, and spokesperson for LCHPAC said on Tuesday, “Obviously, the first part of this correspondence contained excellent news, and the second part contained expected news, that Mark Fitzgerald challenges the merit of this recall petition.” She also said that although 1800 signatures were obtained within one week, Fitzgerald challenged it on two frivolous points that disregard the signers of the petition.
Fitzgerald through his attorney Holthus claims the title of the petition “Petition for Recall” should say “Petition of Recall and Replacement.” He also claims in the appeal that circulator Rebeccaschiid does not accurately identify her residence in the Circulator Statement on the Petition, and the signatures contained in documents verified by her should be invalidated.
Rebeccaschiid counters that her permanent address used for circulation is, “Indeed, correct and neither challenge appears to have ground, legal or otherwise.”
Fitzgerald’s attorney told the Board, that Rebeccaschild has, during at least one open meeting of the Loveland City Council, indicated that she does not live at the address on the petitions she circulated and that her residence and point of contact is, instead, located on Lyons Avenue.
William Durnette, the attorney for the recall committee members said in a letter to the Board that in state or local law there is no requirement for headings on petitions. He also said that the permanent residence address Rebeccaschild provided on the petitions she circulated is, as the Board can confirm, the same address that is with the Ohio Bureau of Motor Vehicles for both her automobile title and driver’s license, and with the Board of Elections.
Loveland Magazine asked Fitzgerald Tuesday night if he had any response to the decision the Election Director made and if he would resign if he receives an unfavorable decision on his appeal. He declined to comment.
According to Loveland’s Solicitor, Joe Braun, Fitzgerald must resign or face the recall election and he must do so on Saturday, August 12 if he receives an unfavorable decision on Friday. Braun also said that if Fitzgerald decides to face the recall election and he wins, City taxpayers will have to pay 50% of Fitzgerald’s campaign expenses. If he loses, taxpayers will be off the hook.
Neal Oury has told Loveland Magazine that he has enough signatures on a petition to go head-to-head with Fitzgerald in a recall election and he will file the petition depending on Fitzgerald’s decision on Saturday. Oury has already filed petitions for one of the open Council seats this November and will withdraw it if Fitzgerald does not resign.
Also read all of Loveland Magazine’s reporting on the recall and other area election news HERE.
Norwood, Ohio – LOVELAND MAGAZINE TV broadcast live on Friday from the Hamilton County Board of Elections when the Loveland Community Heartbeat Political Action Committee returned to again submit petitions to place the recall of Loveland Mayor Mark Fitzgerald on the November ballot. Fitzgerald has two years remaining on his four-year term and the group wants Neal Oury to run head-to-head with the Mayor so Oury can serve the remaining two years.
Slightly more than 1,800 signatures were gathered in a week on a revised petition after their first signature drive proved unsuccessful because of insufficient language on the petition. Previously, more 2,054 signatures were gathered and submitted on July 22. In a press release issued earlier in the day Spokesperson Halie Rebeccaschild said, “It was a significant setback, but it didn’t last long. An astounding 1,800 signatures were collected over the past week.”
The release elaborated, “To put that in perspective, the initial round of 2,050 recall signatures was collected over a nine-week period, for an average of 225 signatures per week. The second signature collection averaged more than 225 signatures per day. “In the end, residents will have their voices heard at the ballot box in November,” said Rebeccaschild.
Fitzgerald was given an opportunity to comment on the second set of petitions being submitted to the Board of Elections but did not respond. He has also not responded to questions Loveland Magazine emailed to him about the allegations being made about him.
This interview with Rebeccaschild was conducted just after she turned in the new batch of signatures.
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)
“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.
![[VIDEO] Shanda Gentry was appalled by behavior of elected officials](https://lovelandmagazine.com/wp-content/uploads/2017/08/maxresdefault-8.jpg)
![[VIDEO] Interview with Halie Rebeccaschild after turning in Fitzgerald recall petitions for 2nd time.](https://lovelandmagazine.com/wp-content/uploads/2017/08/maxresdefault-1.jpg)
by Mary Ann Lynn
![[Exclusive Video] Council Majority shuts down meeting and goes home](https://lovelandmagazine.com/wp-content/uploads/2016/09/latest-news-feature-100x65.png)
