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.
Loveland, Ohio – In a statement to the Loveland Community Heartbeat PAC today, 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.”
Fitzgerald is the Mayor of Loveland and has two years remaining of his elected term of four years as a council member.
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.
Resident Neal Oury has collected signatures to run in the recall election against Fitzgerald, however, has not filed those petitions with the Board of Elections. He did, however, file a petition last week to seek one of the four-year-term open seats on council this fall. He told Loveland Magazine that if the recall petitions are certified, he will withdraw that petition and then file the signatures supporting his candidacy for the direct head-to-head vote against the Mayor.
Loveland, Ohio -On July 25 Dianne Bomar spoke to Council during the Open Forum of the meeting. She is upset that members of the community have been attacked. She said,”In recent weeks the efforts of a dedicated, unselfish community minded group of citizens have been attacked and rejected as self-serving. This group has worked tirelessly shine a light on the unsavory and dubious words and deeds of certain members of the Council. Their efforts have been met with derisive unsavory false, and extremely personal attacks by members of the Council. Lies, innuendo, and school yard bullying have become the overriding characteristic of the majority members of this Council, specifically by Mark Fitzgerald, Angela Settell, and Pam Gross.”
She says social media posts have now been filled with lies and invective and believes the dignity of the City has suffered irreparable harm. Bomar said Fitzgerald, Settell, and Gross should relinquish their roles as council members.
None of the three council members responded to Bomar’s allegations.
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Loveland Magazine will broadcast this event “Live” on Facebook today at 2 PM from the Hamilton County Board of Elections.
“One week after petitions for the recall of Loveland Mayor Mark Fitzgerald were rejected due to issues with the wording on the petition, Loveland Community Heartbeat PAC (LCHPAC) will be back at the Hamilton County Board of Elections to once again submit recall petitions. This round of petitions includes approximately 1,800 signatures of Loveland residents collected in just one week.”
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.
Mayor Mark Fitzgerald announced at the beginning of the May 23 Council meeting that he has instituted a “zero tolerance policy” towards whispering or passing documents during meetings. The Mayor in recent months has used his gavel indiscriminately and in a random manner to quiet the audience attending meetings. He routinely warns them against applauding what their fellow citizen’s say during the open forum portion of meetings. Lately, he has warned citizens he will use the police force to remove anyone who disrupts the meetings
Less than five minutes later, when Councilwoman, Pam Gross walked to the same podium the public uses, he allows, and joins, in applauding Gross’ presentation. Then, seconds later, when resident, Mike Meldon followed Gross to the same podium, and the audience applauded Meldon’s comments about how important the environment was to the community, the Mayor said he was issuing his final warning about applause and he will be asking the police to remove anyone who, “Disrespects that request.”
The Mayor was speaking on behalf of all of Council. None objected to the policy. There are two other people sitting at the council table who also remained silent, Dave Kennedy, the City Manager and Joe Braun, the City lawyer. These are the two professionals Council hires to keep them out of trouble. Professionals, who have been hired based on their knowledge and expertise of the law and how a municipality operates within the laws of Loveland’s Charter, the Ohio Constitution, the Ohio Revised Code, and the Constitution of the United States.
[quote_box_left]No matter, Fitzgerald needs counsel now, and there are nine people who have a sworn duty to deliver it to him, because, sitting on your hands is equivalent to sitting on the Constitution.[/quote_box_left]In addition, the Loveland Police Chief is almost always in the room, another professional the City has hired to protect citizen’s rights.
Nine people who are sworn to protect our citizens have sat silent and not objected while the Mayor, at random whim, takes away the public’s right to free speech, and threatens to use the “color” of the police department for enforcement.
See below just recent examples of how Fitzgerald shows favor to certain subjects and individuals and bullies other silent.
If in his randomness, Fitzgerald continues, or heaven forbid has someone removed from the room or arrested, he will have hoed himself and taxpayers a deep, deep furrow because of his discrimination. He will certainly lose in court, and it will be taxpayers paying the bills.
Fitzgerald’s discriminatory, gavel is causing turmoil in our community and doing harm to the Community’s reputation.
Perhaps there are three “majority” members of Council who are afraid that if they cross the Mayor they will be treated to the same wrath and scolding, but that is not an adequate excuse. Perhaps the other three “minority” members of Council are sitting on their hands, thinking ahead to election time, letting the Mayor dig his deeper furrow.
No matter, Fitzgerald needs counsel now, and there are nine people who have a sworn duty to deliver it to him, because, sitting on your hands is equivalent to sitting on the Constitution.
In this LOVELAND MAGAZINE TV video, you will see clips of the Mayor indiscriminately enforcing his rule against applause within about ten minutes of issuing his warning. He allows applause when fellow council member Pam Gross takes the podium, and himself is seen applauding, but gives the audience a final warning when the next speaker, a resident, speaks about the importance of Loveland’s environment.
In this LOVELAND MAGAZINE TV video, you will see other clips of the Mayor indiscriminately enforcing his rules. In one clip from several meetings ago you will see Fitzgerald telling resident Tom Calarco to turn around and speak to Council and not the public. Calarco had only turned his head, looking to see if there were any police officers in the room, whom he had just complimented. In the next clip, you will see Fitzgerald allowing Councilwoman Gross to rearrange the microphone on the podium so she could stand behind the podium, and address the audience with her back to the rest of Council.
Loveland, Ohio – Mayor Mark Fitzgerald announced at the beginning of the May 23 Council meeting that he has instituted a “Zero tolerance policy” towards the public’s whispering or passing documents among themselves during meetings. He said it was because it was intentionally, “Preventing the audience from hearing or knowing the business of the body discussed.”
He further stated that a disruptive person waives their right to attend council meetings and the Council can remove the person from the meeting.
The Mayor was speaking on behalf of all of Council. None objected to the policy.
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