News and Events from the Loveland, Ohio Area
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Loveland, Ohio – One week before the former mayor, Mark Fitzgerald resigned his council seat (Mark Fitzgerald resigns as Loveland Mayor and council member) his long time friend and long-distance trail and road running mate, George Brennock went to the council meeting and expressed his virtues.
“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.”
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, 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.
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.
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.
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 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 Smith breaks 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
![[VIDEO] Shanda Gentry was appalled by behavior of elected officials](https://lovelandmagazine.com/wp-content/uploads/2017/08/maxresdefault-8.jpg)
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.
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.
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.
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:
[BREAKING] Loveland Mayor calls for Special Meeting of Council
Recall of Mayor Mark Fitzgerald is “On” again
Mayor has until midnight Monday to either resign or face a recall election in November
Norwood, Ohio – LOVELAND MAGAZINE TV was 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.
Read this background about the recall election to understand the implication to the community: Fitzgerald files appeal on recall decision
[This story was updated 8/11/17 at 6 PM.]
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.
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.
![[VIDEO] Dianne Bomar says the dignity of Loveland has been tarnished by three Councilmembers](https://lovelandmagazine.com/wp-content/uploads/2017/08/maxresdefault-3.jpg)
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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![[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 David Miller
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.
You can view the “Live” broadcast of the petitions being presented by going to Loveland Magazine’s Facebook Page.
