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.
On June 3, the 2017 Loveland High School class celebrated their commencement at Xavier University’s Cintas Center. Many of the 373 students who graduated have achieved impressive feats through their high school career, and will now enter into a new stage of life. This ceremony symbolized that step. 160 received honor diplomas.
A group of musicians perform a soundcheck before the ceremony. Top, from left: August Lamson, Jane Pearson, Jacalyn Parsley. Bottom, from left: Drew Docherty, Brady Dotson, Brady Funke.
Senior, Sophia Sperry, prepares with the rest of the Loveland Band before graduation.
Ryan Rofles, Tyler Dixon, Jack Stanley and Cameron Price pose before entering the Xavier Cintas center. Rofles, Dixon and Stanley will be attending University of Cincinnati. Price will be joining the US Navy.
Jacalyn Parsley and Jane Pearson pose before entering graduation. Parsley and Pearson anchored together on the Loveland daily school news, LHSNN. Parsley was named both homecoming and prom queen her senior year. Pearson was active in Show Choir and student government, founded and ran crochet club, and was Class President.
Band director Geoffrey Miller conducts as guests enter the Cintas Center
Mitch Robison welcomed everyone to the commencement Robinson has been active in athletics, and was a standout player on the basketball team. Robinson will be attending Indiana University.Lucy Rawson stands with her peers for the national anthem. Rawson will be attending Western Kentucky University.
Click on a photo below to view the gallery
The Loveland Senior Ensemble performs
Jacalyn Parsley sings
Erica Perl sings with choir. Perl was a writer and editor for the school newspaper, The Roar, an active member of the yearbook committee and Show Choir. Perl will be attending the University of Cincinnati to pursue marketing.
Sam Faingold gave the Introduction of Guests. Faingold was active in the school yearbook committee and will be attending Ohio State.
Jane Pearson speaks to the class of 2017. Pearson was Class President, and will be attending Brigham Young University. Watch her speech here.
Co-salutatorians, Rachel Ingal (left) and Julia Dillhoff (right) speak to their peers and family. Ingal was a member of Show Choir and founded and ran the High School Democrats of America club. Ingal will be attending Notre Dame. Dillhoff played Lacrosse and was recently recognized at the spring sports awards for her performance. Dillhoff will also be attending Notre Dame. Watch their unique speech here.
Aaron Autin plays guitar during the creative co-salutatorian speech. Autin was one of the top bowlers for Loveland, and will be attending Miami University.
Rachel Ingal and Margaret Eilert singing Phil Collins “You’ll be in my heart”.
Rachel Ingal and Margaret Eilert, sing during the graduation ceremony. Both were members of Show Choir. Eilert was awarded the Maegly Music Scholarship, was named best female soloist in the National Show Choir competition and was first violin in chamber orchestra. Eilert will be attending Capital University.
Valedictorian, Ali Syed, speaks to the graduating class. Syed plans to attend the University of Alabama and then Northeast Ohio Medical University. Watch his speech here.
Click on a photo below to view the gallery
Brady Funke plays guitar to the John Mayer song “Stop This Train”
Jane Pearson, Abby Hickey and Jacalyn Parsley singing “Stop this Train”.
August Lamson, Jane Pearson, Abby Hickey, Jacalyn Parsley, Drew Docherty, Brady Dotson and Brady Funke perform.
Brady Funke and Brady Dotson celebrate after finishing their performance.
Principal Peggy Johnson speaks to the class of 2017 about their accomplishments and their future. Watch her speech here.
Click on a photo below to view the gallery
Senior, Wyatt French, performs with the Loveland Band.
Niki Fiorenza watches classmates perform. Fiorenza has been active in Showband and was an editor and writer for the school newspaper. Fiorenza will be attending Ohio University for media.
Superintendent Chad Hilliker speaks to the class of 2017. Hilliker will be graduating with this year’s students as he moves on to his next endeavor after years of serving the district and community. Read his speech here.
Click on a photo below to view the gallery
Jon Parker graduates. Parker was the photo editor for the school newspaper and has been artistically involved in the Loveland community. Parker helped found the Loveland Film Club and has starred in two short films written and directed by his classmates. He plans to attend Ohio University to study media.
Jacob Payzant hugs a teacher. Payzant has been musically active. Payzant will be attending the University of Cincinnati.
Cole Behrens graduates. Behrens was an editor for the school newspaper and was politically active. Behrens was the founder of Coffee Club and will be attending Ohio Univerity to study journalism.
Hunter MacAfee graduates. MacAfee has been involved in the Cincinnati scottish community and is a bagpipe player. MacAfee will be attending Ohio University.
Maya Earl graduates. Earl was voted most artistic by her peers and awarded a $1000 scholarship by the Loveland Arts Council. Earl will be attending the DAAP program at the University of Cincinnati.
The class of 2017 throws their caps
James Meckey stands surrounded by falling confetti. Meckey played football, and will be attending Centre College.Kelsey Blanchard begins to leave the Cintas center as confetti falls.
Click on a photo below to view the gallery
Drew Docherty leaves the Cintas Center. Docherty will be attending Indiana University.
Jack Sexton leaves the stadium. Sexton will be attending Ohio University.
Riley Becker walks down the hallway out of the Cintas center.
Jacob Clements walks down the hall to leave graduation. Clements was a baseball, lacrosse and football player.
Teachers and faculty, surrounded by confetti, watch student leave.
Graduation was, in most ways, just a symbolic step towards the future of these hundreds of students. But it was an important step, and a time to reflect on the numerous successes of the class of 2017. The talent, dedication and passion demonstrated by students of the class have been clearly demonstrated through the list of accomplishments that go along with every graduate. Through academics, arts, athletics and community involvement, individuals of the Loveland class of 2017 have made an effort to strengthen Loveland and build a culture. As these impressive many continue on their trend of high aspirations, there is no doubt that they can positively impact their community and the world as a whole.
“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.
On June 3, the 2017 Loveland High School Class celebrated their commencement during a ceremony at Xavier University’s Cintas Center at 1 PM. Loveland Magazine was the only area media to cover the event.
In this LOVELAND MAGAZINE TV video, you will watch as Ali Syed gives his Valectorian speech at the LHS Graduation.
Loveland, Ohio – A Press Release from the City Manager’s office:
Due to necessary modifications, the Riverside Drive closure planned for today (Wednesday June 28th) has been moved to Thursday June 29, 2017. The road will be closed from West Loveland Avenue to Twightwee to allow for completion of road repairs along the railroad tracks. The closure will begin at 8:00 a.m. and continue throughout the day with a re-opening of the roadway at approximately 4:00 p.m.
Questions: Call David Kennedy, City Manager at 707-1454
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.
On June 3, the 2017 Loveland High School Class celebrated their commencement during a ceremony at Xavier University’s Cintas Center at 1 PM. Loveland Magazine was the only area media to cover the event.
On June 3, the 2017 Loveland High School Class celebrated their commencement during a ceremony at Xavier University’s Cintas Center at 1 PM. Loveland Magazine was the only area media to cover the event.
Loveland, Ohio – On Wednesday at approximately 6 AM, Riverside Drive will be closed from West Loveland Avenue to Twightwee to allow for completion of road repairs along the railroad tracks. The closure will continue throughout the day with a re-opening of the roadway at approximately 4 PM.
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.”
![[EXCLUSIVE VIDEO] Ali Syed gives Valectorian speech at LHS Graduation](https://lovelandmagazine.com/wp-content/uploads/2017/06/maxresdefault-39-100x65.jpg)
![[Exclusive Video] Council Majority shuts down meeting and goes home](https://lovelandmagazine.com/wp-content/uploads/2016/09/latest-news-feature-100x65.png)
