Any branding expert will tell you that a key to successful marketing is a clear, unambiguous message. After a long nightmare of municipal dysfunction, in November the voters in Loveland will have a crystal clear set of choices to make in their votes for City Council.
Until last Friday, August 18, I was one of nine candidates on the ballot for four City Council seats. When I was first asked to consider running, I made it clear to all that, while I want to serve, and believe that I would do a good job, the main outcome of the election must be removing the existing majority on Council. To help achieve that, if necessary, I would withdraw my own candidacy so that the full support of those in Loveland who share my goal could be focused, laser-like, on four candidates for four seats.
With the recall election no longer a possible ballot question, the mathematics of the race have changed. It is in celebration of that victory, and in keeping with my commitment, that I have withdrawn my name for the ballot for November, and strongly urge any and all who share my views of the future of our city to support now and cast your votes when the time comes for Rob Weisgerber, Ted Phelps, Neal Oury, and Tim Butler. Four outstanding candidates, four outstanding members of this community, four outstanding civic leaders, for four City Council seats.
We can reclaim a tradition of civic inclusion, collaboration, and consensus. Let a new day dawn in Loveland.
Blair had previously sent a candidate statement and you can read it below.
“The election of Mayor and Vice Mayor at the special City Council meeting of August14,2017 was not proper.”
– Loveland Solicitor Joe Braun
Angie Settell took an oath of office to be Loveland’s mayor on Monday, a position that was stripped away in a legal opinion today.
Loveland, Ohio – Loveland Magazine obtained a legal opinion written by City Solicitor Joe Braun today that throws a monkey wrench in the selection of Angie Settell as Loveland’s new mayor and Pam Gross as vice-mayor.
In the opinion, Braun said that the special meeting called by then Mayor Mark Fitzgerald for last Monday was not a legal meeting and voids the business conducted at the meeting.
The Clerk of Council had failed to post a notice of the special meeting 12 hours beforehand as required by Loveland law. The notice was put on the bulletin board outside City Hall four hours short of the 12 hours required.
Braun said, “The day after the August 14, 2017, special City Council meeting, I was advised by Councilwoman Kathy Bailey that a resident contacted her and alleged that the City had failed to properly advertise the special City Council meeting. Specifically, the resident indicated that the Clerk of Council had failed to comply with Section 109.04 of the Loveland code of Ordinances.” Braun continued, “I cannot ignore the fact that the posting requirements of Section 109.04 of the Loveland Code of Ordinances were not adhered to by the Clerk of Council. As such, any action taken by Loveland City Council at its August 14, 2017, special meeting should be deemed without legal effect.”
Mark Fitzgerald presided over what he assumed was his last Loveland Council meeting and facilitated the election of Angie Settell as the next Mayor. The solicitor ruled today that it was not a properly called special meeting of council.
Fitzgerald stepped down as Mayor at the meeting so that he could still cast votes on who would be the next mayor and vice-mayor. The votes were 4-3 in favor of Settell and Gross. After the meeting was over, Fitzgerald distributed a letter that he was resigning from Council.
Braun’s legal opinion does nothing to affect the decision by Fitzgerald to resign his seat on Council which he submitted to meet a deadline of the Hamilton County Board of Elections who gave him a midnight deadline to either resign or face a recall election in November.
Council remains a six member body. Council must begin again at a legal meeting nominating one of their own to be mayor and vice-mayor. A decision not made easy because Council is evenly divided into two camps of three members each. Braun said that Settell remains as vice-mayor is now also the presiding officer of meetings and might remain as such until November when voters fill the four open seats on the fall ballot.
A six member Council after the November election might still deadlock on a selection of mayor, vice-mayor, and someone to fill Fitzgerald’s remaining two year-term. Brauns opinion did not address that possible scenario.
Braun’s opinion at least temporarily strips Settell of her Mayoral duties and her ability to unilaterally appoint Fitzgerald’s replacement if the 3-3 divided council cannot agree on who it should be. Before Braun’s opinion, Settell had to wait for 30-days to make an appointment, but as of today, he said the decision must wait until after the November election.
Braun reached the following conclusions:
(1) I cannot ignore the fact that the posting requirements of Section 109.04 of the Loveland Code of Ordinances were not adhered to by the Clerk of Council. As such, any action taken by Loveland City Council at its August 14, 2017, special meeting should be deemed without legal effect.
(2) The election of Mayor and Vice Mayor at the special City Council meeting of August 14, 2017 was not proper. Ms.Settel should maintain her role as the Vice Mayor of Loveland and serve as the presiding officer of all City Council Meetings given the vacancy left by the resignation of the Mayor as a member of City Council.
(3) The decision to fill the empty City Council seat left by the resignation of Mark Fitzgerald vests with the remaining six members of this City Council Should those remaining six members not be able to reach a majority consensus before a new City Council is elected and seated in November 2017, then that City Council shall fill the vacancy created by the resignation of Mark Fitzgerald under Section 2.03 of the Loveland Charter.
(4) The position of Mayor of Loveland shall remain vacant until a new election takes place by the remaining members of City Council, or until an organizational meeting is held and a new Mayor is elected by the newly elected City Council in November pursuant to Section 2.05 of the Loveland Code of Ordinances.
(5) Because the resignation of Mark Fitzgerald as a member of City Council took place after the special meeting, and not during it, the resignation is still effective as of 11:59 p.m, on August 14, 2017.
Neither Settell or Gross replied to a request for comment before publication deadline.
Loveland, Ohio – Eva Hunley, a resident of Historic Downtown, said at the July 11 Council meeting that when she moved to Loveland it was a historical town and now everything historical was gone. She asked why the train horns had to stop blowing and said the clock had quit ticking, and the chimes have stopped playing music.
“Everything historical is going away and is gone and I’d like to know why it’s going away,” said Hunley.
She mostly got patronizing laughs, except City Manager, Dave Kennedy who replied that the train horns stopped because the City created a quiet zone as part of the development agreement with Loveland Station Apartments in downtown and that the chimes were malfunctioning and he is working on the repair.
Tim Butler is a candidate for Loveland City Council and provided this Candidate Statement to Loveland Magazine.
Loveland Magazine invites all candidates for public office in the 45140 zip code or within the Loveland City School District boundary to send a similar Candidate Statement for publication. Send to lovelandmagazine@cinci.rr.com
My name is Tim Butler and I am a candidate for Loveland City Council in this November’s election.
I am the father of five children – Katie, Claire, Annie, Colleen and Jack – and my wife Jackie and I are celebrating 35 years of marriage. I am a life-long Ohioan who grew up in Dayton and have lived in the Pheasant Hills neighborhood since 1989. I currently practice employment and commercial litigation in-house for an Ohio-based company. I previously served on the City of Loveland Law and Ordinance and City Income Tax Committees.
I am a parishioner at St. Margaret of York serving as a lector, former athletic director, coach, and member of various parish committees. I am very proud that my wife and I started the SMAC cross country and track program which has provided a meaningful athletic and life experience for hundreds of young men and women from St. Margaret and St. Columban.
Loveland has much to offer with a vibrant downtown, the geography of the Little Miami River and bike path bisecting our City, involved residents and well-kept neighborhoods, historic architecture, a great public school system, engaged churches of all denominations and a flourishing business community. Unfortunately, in the past year our City Council has not put the best face on our community with insider actions, partisan bickering and penny-ante political hijinks. We are competing with our neighbors in Mason, Blue Ash, Montgomery, Symmes and Miami Townships for residents and new businesses. Our City Council can and must do better.
My pledge as a candidate for Loveland City Council is to enhance community participation in City governance while bringing much-needed transparency and unity to the process; help the City manage its fiscal affairs responsibly; continue the development of downtown and other Loveland neighborhoods while preserving our historic heritage; promote and maintain the Little Miami River and bike path; and enhance the relationship between City Government, the Business community and Loveland Schools. Most important, I pledge to bring reasonable, rational discussion and honest debate to our City Government and provide a full opportunity for community dialog and participation.
This is a crucial time for the City of Loveland which we love and treasure. Our citizens are watching and are engaged. I request your support and invite you to join me and return an open, responsive and positive City Council to the citizens of Loveland, who deserve it.
Thank you for your interest. I will work to earn your support in November.
“There is little doubt in my mind of prevailing in an election this fall. It’s a shame that a small group has seen fit to drag the city’s great image through the mud to further their vicious and unfounded personal attacks on me.”
by Sam Smith
Loveland, OH- On the evening of Monday, August 14th, then-mayor Mark Fitzgerald called a meeting to order. The special meeting was, according to a press release, intended to “respond to matters related to the recently filed petition seeking his recall as a member of City Council”. Fitzgerald would go on to resign his seat as mayor. Angela Settell took his place as Mayor and Pam Gross was named Vice-Mayor. After adjournment, a letter was distributed explaining that Fitzgerald would resign his council seat.
Fitzgerald addresses a full house at the City Council meeting
Fitzgerald, who has served ten years as an elected individual and was two years into his term as mayor, began the meeting with a speech. Fitzgerald was once Loveland’s City Manager.
“There is little doubt in my mind of prevailing in an election this fall. It’s a shame that a small group has seen fit to drag the city’s great image through the mud to further their vicious and unfounded personal attacks on me,” Fitzgerald began.
In his address, he defended his personal integrity and criticized the petition and those circulating it who were seeking his recall, calling it “nefarious activity”. He went on to attack the political action committee (PAC) that funded the petition and individuals who had helped run the petition for recall.
“Who are these people? Do they live in Loveland? Who are their sponsors? Based on the PAC’s financial report, they shouldn’t be able to afford much expensive legal help. What are their names? Some seem to have multiple names. What is their past profession? How have they performed professionally? Are they successes? Or are they business failures? Bankrupts? Do they frequently change addresses, names or jobs? What are their work records? Do they work?” asked Fitzgerald.
“Have they received special considerations that have to do with these relationships such as forgiven utility bills or no interest loans?” the mayor continued, to incredulous laughter from the audience.
Former mayor Mark Fitzgerald reads from the recall petition
Fitzgerald denounced the language and accusations in the petition for vagueness, and made tacit jabs at individuals and members of the local media.
Fitzgerald then resigned his position as mayor (although not his council seat).
“Watch out…” Fitzgerald gestured to the audience “…For wolves in sheep’s clothing.” This was met with boos and jeers. “At this time, I would like to be relieved of my position and duties as mayor, and will entertain a motion from council for the selection of a new mayor,” finished Fitzgerald.
A a long time Loveland resident and voting Stakeholder of the Loveland Community Heartbeat Political Action Committee, Ellen Mershon responded to Fitzgerald’s speech. She said, “I was appalled at Mr. Fitzgerald’s attempt to deflect any responsibility regarding his own behavior both personally and professionally by his attempt to cast dispersions on others.” She said that the behavior the former Mayor exhibited only illustrated the need for the recall. “I am grateful for the voters who came forward to sign petitions, not once but twice for his removal,” said Mershon.
Kathy Bailey waits for a new mayor to be nomintatedSoon-to-be Vice-Mayor Pamela Gross observes the proceedings
In order to fill the vacant mayor position, a nomination and council election was performed. Previous Vice-Mayor, Angela Settell, was sworn in as mayor by Fitzgerald. Next, in order to fill the vice-mayor seat, council member Pam Gross was nominated and elected.
Mayor Angie Settell swears under oath in order to fill the mayor position
Pamela gross takes her oath to become Vice-Mayor
Upon adjournment, Fitzgerald still held a seat in City Council, but had until midnight to resign or else face a recall vote. Fitzgerald refused to speak to the press. New vice mayor Pam Gross declined to interview.
“[Fitzgerald] has stepped down as mayor, so there will be no recall in November,” Mayor Angela Settell explained to Loveland Magazine. Shortly thereafter, a letter from Fitzgerald to Council Clerk Misty Cheshire was distributed:
Ten years is a long time to serve in an elected position. There is wisdom in the 22nd amendment limiting term of office for the President. Subsequently, the state of Ohio has done likewise for its governor and general assembly. If it is good policy for the country and state it should be applied to Loveland Council as well.
It is in this spirit that effective at 11:59 p.m. Monday August 14th, 2017, I resign from Loveland Council as well.
Sincerely,
Mark J. Fitzgerald
“Council will have 30 days to reach an appointment. If they can’t reach an agreement within those 30 days, Mayor Settell will have the ability to fill that seat. Under our charter in Loveland, that person will fill that seat for the unexpired term of councilmen Fitzgerald,” expalined City Solicitor Joe Braun. There are two years remaining in the term. “If he had waited past those 5 days [the maximum amount of time to resign], a recall vote could have been held by the people,” continued Braun.
“My feelings are one of disappointment– this didn’t have to happen tonight. I don’t think anything had to happen this way. The notice was too short, it wasn’t open to the public which is what this has all been about,” claimed council member Rob Weisgerber in an interview after the meeting. “We have a bad reputation but it’s easy to fix. Once we start having an open dialogue, open to the public, open to discussion, it’s easy to turn this back around. And I think that’s what we have to go though,” Weisgerber continued.
Ted Phelps described the election of a new mayor and vice-mayor as clique politics, stacking the deck, and gaming the system.
Councilmember Ted Phelps said, “I am mad. It’s to the public’s detriment. I’m sorry this happened tonight.” He described the election of a new mayor and vice-mayor as clique politics, stacking the deck, and gaming the system. “There was no reason why we needed to vote on a new mayor and vice-mayor today. The public didn’t know this was coming up for a vote. I didn’t know.” Phelps said no one had time for serious consideration on an important issue. “This is exactly why people are up in arms about the way the City conducts business on City Council – because it is in a way that’s not up front, it’s not honest. It’s not fair because someone who could be resigning from our Council tonight is given the right to have a say in who gets elected to be the next mayor. So it’s for that reason I am not at this point in time able to congratulate either the new mayor or vice-mayor.
Neal Oury – file photo
Neal Oury who was a leader in the ouster of Fitzgerald and intimate in the two successful recall petition drives issued this statement to Loveland Magazine:
This little “small group”, as he called the Recall Committee, is many in size, with over thirty petitioners collecting signatures, 2000 plus residents behind us, not once – but twice, makes a profound statement. Those signing the petitions equal approximately thirty-five percent of all the residents who voted in the last election. They were certified by the Board of Elections as Loveland residents. Their “professions, successes, failures and utility bills” are immaterial and, frankly, an insult to the community. The resigned ex-mayor’s unprofessional rant last night was like so many other council meetings he has presided over. The disorder, rude, verbal attacks and skullduggery are always evident. He is the one who has dragged the city’s image through the mud.
This LOVELAND MAGAZINE TV video is the resignation speech Fitzgerald gave to start the Council meeting.
Below is a re-broadcast of the entire council meeting from LOVELAND MAGAZINE TV which broadcast the meeting live
Loveland Magazine kept the camera live feed rolling and conducted several interviews after the meeting adjourned. Near the end reporter Sam Smith reports that Fitzgerald had submitted a letter of resignation.
At the -30:03 min. mark Councilmember Ted Phelps is interviewed and expresses his anger at what happened. At the -25:43 min. mark is an interview with Councilmember Rob Weisgerber expressing his disappointment. At the -18:17 min. mark council candidate Neal Oury is interviewed. At the -15:46 min. mark Reporter Sam Smithbreaks the news that former Mayor Mark Fitzgerald has submitted his resignation from the Loveland Council. At the -14:43 min. mark Tim Butler candidate for Council is interviewed. At the -2:08 min. mark City Solicitor Joe Braun explains how the replacement of Mark Fitzgerald will happen.
This story was up-dated August 15, 2017 at 8:33 PM
Loveland, Ohio – Mayor Mark Fitzgerald has called for a special meeting of Loveland City Council for tonight, Monday, August 14, at 7 PM at Loveland City Hall.
According to a press release issued by the City, “The purpose of the special meeting is to respond to matters related to the recently filed petition seeking his recall as a member of City Council, and to take up any other matters that may lawfully come before City Council.”
City Hall just got around to publishing the agenda for tonight’s meeting and announcing the meeting on their website. “Open Forum” when the public is allowed to speak and is a usual requirement of every City Hall meeting is not on the agenda.
Loveland Magazine also acquired today a second letter Fitzgerald’s attorney sent to the Hamilton County Board of Elections regarding the Boards decision declaring recall petitions valid and giving Fitzgerald until midnight tonight to either resign his Council seat or stand for a recall election this November. Fitzgerald has two years remaining on his four-year term. In this letter from Doug Holthus, it gives the reason neither the mayor or the attorney showed up at the appeal hearing they called for last week and says, “We will be pursuing other available legal remedies.”
Loveland Magazine will be broadcasting the Council meeting live at 7 PM on our Facebook Page.
Read background on the efforts to recall Fitzgerald as Mayor:
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:
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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.
A new day is dawning
![[Video] Eva Hunley: “Everything historical is going away.”](https://lovelandmagazine.com/wp-content/uploads/2017/08/maxresdefault-10.jpg)
My name is Tim Butler and I am a candidate for Loveland City Council in this November’s election. 
![[VIDEO] Shanda Gentry was appalled by behavior of elected officials](https://lovelandmagazine.com/wp-content/uploads/2017/08/maxresdefault-8.jpg)
