Tag: Ohio Capital Journal

  • School vaccine records missing for tens of thousands of Ohio students

    School vaccine records missing for tens of thousands of Ohio students

    “The question is, why are the schools not collecting this data?”

    BY: JAKE ZUCKERMAN and Ohio Capital Journal

    School vaccination records were missing or incomplete among roughly 1 in 5 sampled Ohio middle and high school students last year, despite state law requiring local boards of education to track immunizations records of all enrolled students.

    All Ohio students, per state law, must be vaccinated against mumps, tetanus, polio, measles, Hepatitis B, chicken pox and meningococcal diseases. They can claim exemptions in writing due to natural immunity from prior infection; a medical contraindication; or for “reasons of conscience, including religious convictions.”

    Though the law requires local boards of education to keep immunization summaries available on request for inquiring parents, schools statewide are failing to track vaccination among tens of thousands of students. 

    “The question is, why are the schools not collecting this data?” said Madhav Bhatta, an epidemiologist at Kent State University. “If it’s required by law that every child either get vaccinated or have a medical exemption … then why is there missing data?”

    In the 2020-2021 school year, when a nascent pandemic shuttered schools and doctors’ offices, only 76% of 12th grade students submitted proof of receiving the meningococcal vaccine, according to immunization data obtained in a public records request from the Ohio Department of Health. The vaccine protects against meningitis and other, sometimes-lethal illnesses caused by the same bacteria. 

    About 22% of 12th graders had no exemption on file, leaving the picture unclear whether communities have high enough vaccination coverage to protect students. 

    That same year, only 78% of 7th grade school students statewide showed proof of receiving all vaccinations. Data was missing or incomplete on 19% of all 7th graders. 

    The missing data spans beyond the threshold for herd immunity for some vaccines. For instance, in the 2019-2020 year, 7.2% of kindergarteners and 9.4% of 7th grade students didn’t have all vaccination records or exemptions on file. 

    According to the World Health Organization, a community loses “herd immunity” — a threshold of community protection where a disease lacks viable hosts to spread — against measles when coverage falls below 95%. About 2.5% of students claimed a “conscience” objection, and a fraction of a percent claimed medical contraindications — which means they have diagnosed conditions where certain medical treatments such as a vaccine may cause harm.

    “If [students with incomplete data] don’t have it on file because they are not vaccinated, that’s a problem,” Bhatta said. “We want as high a level of vaccination as possible to reduce the risk of transmission within a community.”

    CDC research shows childhood immunization rates dropped significantly in 2020. However, the problem predates the pandemic. State data shows between 7.2% and 12.5% of sampled Ohio students did not show proof of vaccination or claim any exemption in 2019-2020 either. 

    The reports also lack data on vaccination by race or socioeconomic status, two major social determinants of health. 

    When contacted, different state agencies passed the blame or pointed fingers at county school boards, which are responsible for collecting data at the local level. 

    Vaccine hesitant?

    Amid a COVID-19 pandemic that has hospitalized nearly 64,000 Ohioans and killed more than 20,600, 38% of the age-eligible population remains unvaccinated after eight months of availability

    The COVID-19 vaccine data stands in stark contrast to the roughly 3% of public-school students who formally claim a nonmedical exemption year over year, raising more questions about the missing data. 

    Concerns about outbreaks of rare diseases among unvaccinated communities isn’t just a hypothetical. 

    Widespread vaccination eradicated measles in the U.S., but the virus can cause outbreaks when a host imports and spreads it among unvaccinated people. In early 2014, two unvaccinated Amish men returned to Knox County from the Philippines, unknowingly carrying measles, a highly infectious but vaccine-preventable disease. Amish communities tend to abstain from vaccination.

    The two men seeded an outbreak that caused 383 infections in nine counties over four months, according to a report in the New England Journal of Medicine. About 90% of the victims were unvaccinated. Health officials mounted an awareness campaign and surged in more than 12,000 MMR vaccine doses for some 10,600 people to eventually smother the outbreak.

    Researchers also note that unvaccinated people are not randomly distributed. Rather, they tend to concentrate in certain areas. Thus, statewide vaccination numbers can mask the vulnerability of some specific counties. 

    The missing data is a “significant concern,” according to Amy Bush Stevens, vice president of the Health Policy Institute of Ohio.

    HPIO analyzed the data obtained from the Ohio Department of Health. According to its analysis, students in non-Appalachian, rural communities are most likely to claim exemptions to vaccination mandates. Students in metropolitan counties are most likely to not submit their vaccination records. 

     Screenshot from Health Policy Institute of Ohio analysis of Ohio Department of Health Immunization Summary Report data.

    The missing data blurs a critical picture of whether students are protected, she said. 

    “Childhood vaccinations are a highly effective way to prevent infectious diseases among kids that have killed many children in the past,” she said. 

    Who’s to blame?

    The law requires local boards of education to provide a summary of student immunizations to the state health director every year. 

    When contacted, both the Ohio Department of Education and the Ohio Department of Health sidestepped blame and pointed at the local schools. 

    Alicia Shoults, an ODH spokeswoman, said ODH provides funds for local health departments to do “assessment site visits for compliance.” The pandemic, however, limited this practice, and officials are still reviewing data to determine why so many students’ immunization records were missing last year. 

    “Ultimately, at the local level, schools are responsible for enforcement,” she said. 

    The Ohio Capital Journal requested data on school vaccination exemptions in May from the Ohio Department of Education. Spokeswoman Mandy Minick initially stated no such data exists. When asked about the data later obtained from ODH, its missing components, and the state law that requires it, she deflected blame. 

    The law prescribes roles to local schools and the state health director, not ODE, she said. 

    “The Department of Education does not have a prescribed role in the collection of this data,” Minick said.  

    A spokesman for the Ohio School Boards Association reviewed the immunization data but said he didn’t have anything to add. 

    OCJ contacted six county school boards overseeing schools with high rates of incomplete data. Only Youngstown City School District responded. 

    Of 152 seniors at Chaney High School in 2020-2021, 122 didn’t submit proof of vaccination or notice of exemption for the meningococcal vaccine — the only vaccine students must receive while in high school. 

    In the 2018-2019 school year (the 2019-2020 data is not broken out by high school), 89 of 158 students were missing meningococcal vaccine records. 

    If a meningitis outbreak emerged, officials wouldn’t immediately know who’s protected and who isn’t, costing precious time as vaccines are surged in. 

    Denise Dick, communications director for Youngstown City Schools, said while the pandemic worsened things, there has been a historical problem getting families to submit paperwork related to vaccination. However, the district is establishing in-school, optional vaccination appointments for a full spectrum of shots. 

    No one is forced to vaccinate, she said, but the goal is to make it as easy as possible for students. In the meantime, she acknowledged the district is flying blind as far as protection against infectious disease. 

    “Whether they’re not getting them, or they’re not giving us the record, we just don’t know that,” she said. 

    Solutions?

    Amy Bush Stevens, from HPIO, has the fixes large and small. 

    On the mechanical side, HPIO analyzed a 2012 CDC survey of states and found Ohio is one of 18 states that doesn’t require health care providers and payers to report immunization data. 

    Some choose to, but others don’t. Mandatory reporting, she said, would clear the air on who’s vaccinated and who isn’t. (An ODH spokeswoman did not respond to an interview request with an administrator of ImpactSIIS, the state’s immunization information system.)

    The current system, Stevens said, puts the burden on parents to submit records. For parents, especially those with lower incomes who move more often or change physicians, it’s too easy for documentation to get lost in the shuffle. 

    Another idea: tie reimbursement funding from Medicaid managed care plans more strongly to vaccination rates. More vaccination now equals lower costs of care down the line. And more outreach to eligible families to the Children’s Health Insurance Plan, which covers childhood vaccination, would help as the rate of uninsured children ticks up in Ohio. 

    And then there are structural changes. Public health departments are chronically underfunded in Ohio and one of the few fail safes for low-income, undocumented, or uninsured families. The Columbus Dispatch reported last year that Ohio spends less per capita on public health than all but three states

    “Anything we can do to increase the public health workforce will help with that and make sure that kids with no other source of care get their childhood immunizations,” Stevens said. 

    The chances of a serious legislative fix are slim. Anti-vaccination attitudes are prevalent among Ohio’s Republican-controlled legislature. Earlier this summer, lawmakers passed (and Gov. Mike DeWine signed) one bill restricting schools from mandating vaccination against COVID-19 while the shots are available under a more limited emergency use authorization from federal regulators. The House Health committee has teed up a hearing on a much broader bill imposing a number of restrictions related to all vaccinations for Tuesday morning. 

    Other pending legislation would ban “vaccine passports” related to COVID-19. Discussion of the bills among proponents often dubiously characterizes a heavy-handed government forcing vaccines on the unwilling. 

    Among health experts, however, the reality is simple: Less vaccination equals more infectious disease. 

    “If you don’t rely on the school system to report — that’s the only way we could get a semblance of aggregated data,” Bhatta said.

  • Interim state superintendent named yet again

    Interim state superintendent named yet again

    Stock image from Pixabay

    BY: SUSAN TEBBEN and Ohio Capital Journal

     Dr. Stephanie K. Siddens
    Photo by the Ohio Department of Education

    A new interim state superintendent will hold down the fort at the Ohio Department of Education, following the departure of the previous interim superintendent.

    Dr. Stephanie K. Siddens, currently the senior executive for the state’s Center for Student Supports, will take over in September, after current superintendent Paolo DeMaria officially retires. The Ohio State Board of Education approved Siddens as interim head at a special meeting on Monday.

    Siddens has been with the Ohio Department of Education since 2006, working as assistant director and director for the Office of Early Learning and School Readiness, and as senior executive director for the Center for Curriculum and Assessment, before taking her current job.

    Deputy State Superintendent John Richard had previously been picked by the state school board to fill the interim spot, but on August 10, Richard announced he’d be leaving the department.

    Media reports say Richard took a job as president of the Stark Education Partnership in Stark County.

  • As classes return, 62.5% of eligible 12-18 year-olds unvaccinated

    As classes return, 62.5% of eligible 12-18 year-olds unvaccinated

    BY: JAKE ZUCKERMAN and Ohio Capital Journal

    Nearly two in three age-eligible teenagers remain unvaccinated against COVID-19 as summer ends and the disease looms over its third consecutive school year.

    Spokespersons for the state departments of health and education said they did not know what percentage of students enrolled in public schools are vaccinated.

    However, looking at the total population (which would include homeschooled students), more than 62% remain unvaccinated.

    “As of today, there are 390,903 Ohioans age 12-18 who have started the vaccination process,” said Ohio Department of Health spokeswoman Alicia Shoults. “This represents 37.5% of that age group.”

    Despite plans to attend classes in close contact with their peers several days per week, teenagers are the least vaccinated age cohort — surpassing 20-29-year-olds (44%) and 30-39-year-olds (51%).

    The Pfizer/BioNTech vaccine was authorized for use in people aged 16-and-up in mid-December, though most states restricted access for elder and sicker residents through early 2021. The U.S. Food and Drug Administration authorized its use on children 12-15 on May 11.

    At a press conference last week, Gov. Mike DeWine said a communal goal of keeping students in school for in-person learning is “threatened” by the hyper-transmissible Delta variant of COVID-19. He repeated a recommendation from ODH that students either seek vaccination or wear a mask at school.

    “The best way to make sure a child can stay in school and not have his or her classes interrupted, is for that child to be vaccinated,” he said. “If that child cannot be vaccinated, the best way to ensure a good school year for that child is for that child to wear a mask while in class.”


    See Breaking News Up-Date:

    FDA gives full approval to Pfizer-BioNTech COVID-19 Vaccine

    Loveland Magazine – Aug 23, 2021


  • Candidate version of J.D. Vance using same dog whistles he once derided as a ‘moral disaster’

    Candidate version of J.D. Vance using same dog whistles he once derided as a ‘moral disaster’

    JD Vance, venture capitalist and author of ‘Hillbilly Elegy,” in 2017. (Photo by Drew Angerer/Getty Images).

    COMMENTARY

    MARILOU JOHANEK and Ohio Capital Journal

    The last time I spoke with J.D. Vance, he was living the good life as an elite West Coast venture capitalist in Silicon Valley. He was a baby-faced investor from southern Ohio who was basking in the unexpected sensation of his newly published bestseller. Everybody had to get their hands on his memoir for what it might explain about the inexplicable presidential appeal of a former reality TV star. Vance’s book about his self-described hillbilly roots promised insights into why a dirt-poor, down on its luck demographic was swooning over a billionaire celebrity who wouldn’t be caught dead in Appalachia.

    At the time I wrote for a newspaper in a blue-collar Ohio town whose glory days as a manufacturing mecca — like Vance’s hollowed-out hometown near Cincy — were long gone. So, I invited the author to connect with an Ohio audience that might relate to his story. He called from his office in San Francisco, and we spoke for over an hour. Recently, I went back to look at the transcript of that conversation to make sure it was the same Vance who now wants to be Ohio’s next U.S. Senator. 

    The senatorial candidate looks and sounds like the J.D. Vance I interviewed, save for the full Midwestern beard he’s sporting, but something’s very different. The Vance appearing — on any FOX show that will have him — is passing himself off as a fawning Trump acolyte and far right culture warrior. Who the heck is that guy and what did he do with the thoughtful conservative I questioned who castigated another charlatan for pulling off a similar con to become president?

    The 37-year-old moved back to Ohio, bought a sprawling million-dollar estate in a tony neighborhood in the Queen City and decided to boost his profile with a vain bid for national office. To that end, however, the 2021 version of Vance has sidled up to the infamous Mar-a-Lago insurrectionist, hobnobbed with big money donors on the coasts and rebranded himself as an alt-right grievance peddler. This character jumped right into the smarmy attack mode of the extreme right, owning the “degenerate liberals,” deriding the “party of childless people,” (what??) disparaging desperate immigrants as “dirty” drug traffickers threatening to overrun Ohio, dismissing critical race theory as “crap” parents don’t want in their schools, defending a white supremacist banned from Twitter for inciting violence and, of course, discounting life-saving measures during a surging pandemic as nefarious “efforts to control our lives.” 

    Candidate Vance opined that: “Obesity is a far more serious public health crisis than Covid,” and sardonically asked, “Should we mandate that no one be allow to eat fried chicken?” He parroted the insanity of right-wing Republicans that COVID “is not the only bad thing” and “people don’t trust (life-saving) vaccines because our public health authorities are understood, reasonably, to be political hacks who don’t know what they’re doing.” Besides, he added, brushing over 600,000 dead Americans, “what about basic bodily liberty?”

    Seriously, who is this guy and why is he embracing the ugly scorch and burn tactics of the fearmongers and scapegoaters that 2016 Vance denounced as divisive and dangerous? Back then he told me, “Trump voters can be encouraged to look at their fellow countrymen as fellow citizens and that’s good. Or they can be made to think of them as scapegoats for all their problems and [that’s] the reason I am so against Donald Trump.” He [Trump] is pulling “a significant portion of the white working class” into a “more racist direction,” concluded Vance.

    “He’s changing the political conversation in a way that makes it less likely for people to think of Black folks and Mexicans as countrymen” and instead “think of those people” as the ones to blame for everything that’s wrong in white America. “Racism is definitely a part of the Trump phenomenon,” said Vance. “The David Dukes of the world…[are] absolutely a part of the Trump movement. And I think to his great discredit, Trump hasn’t disavowed these people as strongly as he should. I really believe that Trump bears a lot of blame… we are seeing an unprecedented level of racial resentment and racialized rhetoric in this [2016] election.” 

    But Candidate Vance is blowing the same dog whistles he once disavowed from a candidate he derided as a “moral disaster.” Trump’s personal conduct alone, Vance said, “would have been so offensive to my [Appalachian] grandmother that she would have hated it… there’s no way she would have voted for him.” Vance confided he was disappointed in religious leaders “who have made a lot of apologies for Trump’s behavior…if Barack Obama, who by all accounts is an incredible family man, if he had fathered five children from three women…there would be a lot of religious conservatives all over him…”

    “I don’t think it’s totally out of bounds to say we should hold our presidents up to a certain moral standard…and it’s just astonishing to me that we haven’t done the same thing for Donald Trump,” Vance told me. That was before Trump was elected and the serial corruption, deceit, dishonor and damage commenced. Before his first impeachment for trying to rig the 2020 election in exchange for foreign aid and his second impeachment for inciting an insurrection against his own government to steal an election he lost.

    It was also before J.D. Vance pulled a 180 on his former self. The young writer I talked to over four years ago was different. He was authentic, unafraid to chastise his community for its “lack of agency” and “a feeling that you have little control over your life and a willingness to blame everyone but yourself.” It was personal for Vance, whose mother was in the same rut. “I don’t blame Mom for the way she lived her life. I don’t blame her for the addiction. I don’t blame her for the way she sometimes treated me and my sister. What I would blame Mom for is if she stopped trying.”

    That J.D. Vance was nothing like the Ohio Senate candidate blaming everyone else today. That actor is degrading all the people MAGA supporters love to hate — from rich educated elitists (like himself) to the mainstream media, Brown immigrants and Black Lives Matter protestors. So, which J.D. Vance is the real deal, and which one is running a clumsy con as a faux extremist to pursue an open Senate seat in Ohio? 

    You know. Ohio voters can spot the phony a mile away.  

  • Ohio cities revive mask mandates as new state law stops health departments

    Ohio cities revive mask mandates as new state law stops health departments

    A sign advertising protective face masks is taped in the window of a coronavirus pop-up store. Photo by Samuel Corum | Getty Images.

    BY: JAKE ZUCKERMAN and Ohio Capital Journal – AUGUST 19, 2021 1:00 AM


    First the Mount Vernon City School District opted against requiring masks for students.

    Then Gambier, a small village of 2,400, mandated masks indoors in town — where one of the district’s elementary schools happens to exist.

    Finally, the sheriff said neither he nor his deputies would enforce the law.

    It’s August 2021 and the mask wars are back — if they ever left.

    Hospital rolls are once again swelling, a trend attributed to the hyper-transmissible delta variant of COVID-19 running amok through unvaccinated communities. Less than 51% of Ohioans are vaccinated, and doses are not yet authorized for use on those 11 and younger — most of whom are returning for a new school year in the coming weeks.

    As such, a handful of Ohio city councils — not health departments — are reinstituting mask mandates. State lawmakers passed legislation this past spring that guts the powers of state and local public health departments to issue orders like mask mandates, but city officials believe they still maintain the power to do so.

    The legislation, Senate Bill 22, says that any health order from a county board of health that applies to a “class of persons” is “invalid and has no legal effect.” It offers more restrictions on county board of health orders, but makes no mention of local governments.

    “From our perspective, we would not have gone forward with this if we thought it was not defensible in court,” said Gambier Mayor Leeman Kessler.

    Gambier is in Knox County, where the vaccination rate (less than 38%) sags far behind the state level. It’s a dot of liberal politics in a deep red county. If Kessler is correct on the legality of the ordinance, the politics are another question entirely.

    The Knox County Sheriff’s Office, which Kessler said is solely responsible for police work in Gambier, wrote on Facebook it would not enforce the ordinance and will “not put deputies in this situation.” Sheriff David Shaffer did not return a phone call.

    “If this mandate keeps our village safe, keeps our schools safer than they would have been without, then yes,” Kessler said when asked if the ordinance would be worth the blowback. “If we’ve gone through all of this for nothing, it’s hard to say. But based on the science and recommendations from all the professional health organizations … this is the course of action that is most recommended.”

    Mount Vernon City School District Superintendent William Seder Jr. sent a letter to parents Wednesday night stating Wiggin Street Elementary would follow the ordinance and calling for patience from those opposed to it.

    “While there is a time and a place to continue these conversations, we simply request that this not take place at the schoolhouse steps,” he said. “We respectfully ask that we not put our students in the middle of adult conversations and differences.”

    In Athens, another blue city in a generally red area of the state, the city council passed an indoor mask mandate of its own, as The Athens NEWS first reported. City law director Lisa Eliason, in an interview with the Ohio Capital Journal, said the city built its policy around the recommendation of its local health department.

    She said she carefully read Senate Bill 22 — which basically allows lawmakers to veto orders from the state health department, and blocks blanket orders from local health departments — and doesn’t believe it precludes Athens from its ordinance.

    The ordinance is legal, she said, and makes sense from a public health perspective given the number of unvaccinated students (only 44% of 20-29 year-olds are vaccinated) soon to flood Athens and its crowded bar district.

    “You still have Home Rule authority from the Ohio Constitution in matters of health and safety,” she said. “That’s what Athens is relying on.”

    Other cities have joined in. Yellow Springs, a small village near Dayton, imposed a mask mandate at an Aug. 9 council meeting. The city fire chief and police chief both backed the proposal at a council meeting.

    Oxford considered a mask mandate at its city council meeting Tuesday evening, but could not pass it at the time due to absent members. One absent member, Chantel Raghu, was out tending to his parents, both of whom were hospitalized with COVID-19, according to a letter read on his behalf at the meeting.

    “If my parents were not both struggling with COVID, I would be at home, in the meeting, making the commonsense vote yes to keep our community safe by indoor masking,” he wrote.

    The towns are correct in that Senate Bill 22 still allows them to pass mask mandates through their city legislative bodies — the law only applies to their departments of health, according to Micah Berman, a professor of public health law at Ohio State University.

    “Extending that limitation to city councils, depending on how it was written, might well violate the Home Rule amendment of the Ohio Constitution,” he said.

    “But health departments are creations of state law, so their authority can be more easily limited by the legislature.”

    Last summer, Ohio cities started to impose a patchwork of mandates around the state, eventually mounting enough political pressure on (or political cover over) Gov. Mike DeWine to impose a statewide mask mandate.

    It’s too early to tell if the cities are trendsetting once again, or if the mandates remain confined to the modest list seen thus far, according to Keary McCarthy, executive director of the Ohio Mayor’s Alliance. He offered a more lukewarm take on whether cities can impose mandates.

    “I think that is certainly something that is open to interpretation,” he said. “What was prescribed in [SB] 22 wasn’t exactly crystal clear.”

    Cities harbor dense populations of people — ideal conditions for a communicable disease. Similarly, they stand to lose huge dollars in tax revenue if COVID-19 spread forces businesses to keep their workers remote and out of reach from taxation of the former site of work, he said.

    “Obviously, the delta variant is concerning, and the transmissible nature of it is concerning, and local leaders are going to do what they think is right to protect the health and well-being of their communities,” he said.

  • Cuyahoga County man’s death sentence reversed due to court error

    Cuyahoga County man’s death sentence reversed due to court error

    BY: SUSAN TEBBEN and Ohio Capital Journal

    A death sentence was vacated by the Ohio Supreme Court because a trial court lacked “diligence” in reading the defendant his constitutional rights.

    George Brinkman pleaded guilty in Cuyahoga County Common Pleas Court to aggravated murder, aggravated burglary, kidnapping and abuse of a corpse in the death of a woman and her two daughters. He was sentenced to death by a three-judge panel after his guilty plea.

    But the Ohio Supreme Court deemed that guilt plea invalid because the trial court didn’t comply with state rules of criminal procedure.

    Specifically, the supreme court said, the lower court didn’t apply a rule in which a court may refuse to accept a guilty plea if a defendant isn’t informed and understands that he is waiving the right to a jury trial, to confronting witnesses against him in court, the ability to compel witnesses on his behalf, and the state’s requirement to prove the defendant’s guilt beyond a reasonable doubt at trial.

    In the November 2018 court proceedings leading to the acceptance of Brinkman’s guilty plea, the supreme court found that the judge had not advised Brinkman that he would be giving up the right to confront witnesses, despite going through other elements he would be giving up with his guilty plea.

    Two days later, the trial court noticed ‘there were some omissions that were not thoroughly covered’ in the plea, and asked Brinkman if he understood his rights again, adding in the missing elements.

    Because Brinkman’s waiver of rights wasn’t fully specified, the plea shouldn’t have been accepted in the first place, according to Chief Justice Maureen O’Connor in the supreme court ruling. The trial court was obligated to give Brinkman all the information needed “so that he can make a voluntary and intelligent decision whether to plead guilty.”

    “Informing the defendant of his constitutional rights after he has already pleaded guilty does not support that interest,” O’Connor wrote.

    The court stressed that this isn’t the first time they’ve had to negate a sentence because of a lax use of the criminal rules, but that in every decision, the error was “easily avoidable” by allowing defendants to know all of their constitutional rights.

    “Here, the trial court, as well as counsel for the state and the defense, failed to adhere to the level of diligence expected in, and essential to, our criminal justice system,” the court wrote in their ruling. “…This inattention is impermissible, especially in a case such as this in which a death sentence is on the line.”

    With Brinkman’s convictions and sentences vacated as part of the supreme court decision, the trial court will now have to hold new hearings in the case.

  • FirstEnergy paid $4.3 mil to top energy regulator and reaped the benefits, court docs state

    FirstEnergy paid $4.3 mil to top energy regulator and reaped the benefits, court docs state

    Then-PUCO Chair Sam Randazzo testifies as an interested party regarding House Bill 6 on May 7, 2019.

    Source: Ohio Channel.

    “HB 6 F(***) ANYBODY WHO AINT US,” the executive wrote.

    BY: JAKE ZUCKERMAN and Ohio Capital Journal

    An energy lobbyist who Gov. Mike DeWine appointed as the state’s top regulator of public utilities received $22 million from FirstEnergy Corp. in the decade before his appointment — including $4.3 million paid just before assuming the post and specifically to execute official duties to benefit the Akron-based utility — court documents revealed Thursday.

    Sam Randazzo, who resigned as chairman of the Public Utilities Commission of Ohio after federal agents raided his Columbus home, used his PUCO chairmanship to scuttle a requirement that FirstEnergy undergo a rate review set for 2024, which company executives believed would hurt its bottom line, the documents state.

    FirstEnergy entered into a deferred prosecution agreement — in which the U.S. Department of Justice could drop the charge if the company meets certain conditions including a $230 million criminal penalty — on one count of wire fraud.

    It also agreed to a stipulation of facts detailing its nearly $61 million in payments to an account the former speaker of the Ohio House allegedly controlled and spent to pass House Bill 6, legislation worth an estimated $1.3 billion to the company.

    Thursday’s filing, however, is flush with new details about FirstEnergy’s long relationship with Randazzo, dating back to a contract in 2010 and a consulting deal inked in 2013.

    The agreement states one FirstEnergy executive texted another on Nov. 15, 2019 that Randazzo is “going to make the requirement [for a rate review] to file go away, but I do not know specifically how he plans to do it.” The document doesn’t directly identify the executives.

    On Nov. 21, 2019, PUCO issued an order finding it is “no longer necessary or appropriate” that three utilities owned by FirstEnergy file a new case when its current rate structure expires in 2024.

    Executive 1 thanked Randazzo via text the next day, according to prosecutors, attaching an image showing the company’s stock price increasing.

    An email for Randazzo on file with the Supreme Court is no longer in operation. In a statement obtained by the Cincinnati Enquirer, he said he executed his duties as chairman lawfully and denied performing any action to advance FirstEnergy’s interests. He said all payments to him were made under his consulting agreement with the utility.

    “In the fall of 2020, it became clear that issues surrounding House Bill 6 and a public attack on my background and character had escalated to a point that made it impossible for me to effectively perform my duties at the PUCO,” he said, explaining his choice to step down.

    According to prosecutors, Executive 1 and Executive 2 met Randazzo at his condo in late December 2018 to discuss remaining $4.3 million on his consulting agreement and a job posting for a PUCO seat. FirstEnergy had no legal requirement to make the payment but did so anyways.

    When a related court filing divulged Randazzo’s company accepted payments from FirstEnergy, executives worried the disclosure would torpedo the appointment. However, it only “grazed the temple,” they said, and forced “State Official 1” and “State Official 2” to perform “battlefield triage.”

    The governor nominates PUCO commissioners off a shortlist from a nomination council. A DeWine spokesman did not answer specific inquiries, including whether the governor is one of the unmentioned state officials.

    “As I have consistently said, we understood that Sam Randazzo had worked for manufacturing companies, energy companies, and consumers, and that he had done work for First Energy. Sam Randazzo was a well-known subject-matter expert in energy issues,” the governor said in a statement. “If, as stated in the court documents, Sam Randazzo committed acts to improperly benefit First Energy, his motives were not known by me or my staff.”

    Haley Carducci, a spokeswoman for Lt. Gov. Jon Husted, didn’t specifically answer whether Husted is one of the two state officials.

    “The Lt. Governor has not been contacted by any federal law enforcement officials regarding this case, so we have no reason to believe that he is mentioned in this document,” said Husted spokeswoman Haley Carducci.

    Along with Randazzo’s help on the regulatory side, the agreement states that he helped craft and review language of House Bill 6 including a “decoupling” provision, which created a ratepayer backed guarantee of FirstEnergy’s revenues at 2018 levels, a good year for the company. The bill also bailed out two nuclear plants owned by a former FirstEnergy subsidiary; bailed out two coal plants owned by a spread of different utility companies; and gutted the state’s renewable energy and efficiency standards.

    Randazzo has deep ties to the fossil fuel energy industry. He worked as a lobbyist and lawyer for the Industrial Energy users Ohio, which represents interests of energy-intensive manufacturing and commercial business before the PUCO.

    Lobbying records show he represented Greenwich Neighbors United, which fought off a potential wind farm development in Huron County; the Ohio Gas Company; and Vectren Corp., a natural gas company.

    As a donor, he contributed more than $282,000 to state candidates over 23 years, according to an analysis from the National Institute on Money and Politics. More than $194,000 went to Republicans, $36,000 to Democrats, and $48,000 to candidates of unspecified parties.

    When his name appeared on a short list of potential candidates for DeWine to choose, a spread of environmental groups wrote a letter outlining “serious concern” for Randazzo’s “extreme bias” against clean energy.

    “Mr. Sam Randazzo has worked earnestly to dismantle Ohio’s energy efficiency resource standard and renewable portfolio standard (RPS) since 2012 via multiple pieces of legislation,” they wrote. “He was supportive of the legislation that froze Ohio’s standards for two years, worked behind the scenes with the study committee that issued a faulty report allegedly assessing the costs and benefits of the RPS and EERS, and even continued to push the repeal and weakening of these standards after Governor Kasich’s veto of a bill that would have essentially eliminated the standards.”

    The Ohio Consumers Counsel, a state agency that represents residential ratepayers before PUCO, issued a statement after news broke of the filing.

    “The public got some justice today regarding the Ohio House Bill 6 scandal and FirstEnergy,” said agency director Bruce Weston. “But justice is also a longer road that requires state reforms to curb the utilities’ political influence that is costing Ohioans money on their utility bills.”

    Rep. David Leland, D-Columbus, said the information about Randazzo places the scandal right on DeWine’s doorstep.

    “This, combined with the significant money FirstEnergy gave to his campaign makes it clear that Governor DeWine needs to come clean to the people of Ohio about his role in this historic scandal,” he said.

    Catherine Turcer, director of Common Cause Ohio, which frequently advocates for anti-corruption and campaign finance reform legislation, said the entire episode highlights that current law allows some political entities to spend enormous sums of money without ever disclosing the source.

    “Clearly, Ohio legislators also need to create greater transparency so that voters can ‘follow the money’ and determine who is funding political spending by all entities including nonprofits. It’s not yet too late for us to pass new laws that will shine a light on ‘dark money,’” she said. “However, our state legislative leaders need to act with urgency and make transparency and accountability a top priority — or Ohioans will undoubtedly face yet another embarrassing scandal.”

    Shortly after HB 6 passed, a FirstEnergy executive texted Randazzo, according to prosecutors. Attached was an edited image of Randazzo’s face atop Mount Rushmore, with FirstEnergy executives and lobbyists alongside him on the iconic monument.

    “HB 6 F(***) ANYBODY WHO AINT US,” the executive wrote.

  • FirstEnergy admits it controlled dark money group started by DeWine aide

    FirstEnergy admits it controlled dark money group started by DeWine aide

    BY: MARTY SCHLADEN and Ohio Capital Journal

    Columbus, Ohio – The mammoth scandal surrounding a 2019 energy bailout appeared to creep closer on Thursday to the administration of Ohio Gov. Mike DeWine.

    FirstEnergy said in a deferred prosecution agreement that the man DeWine appointed to lead the Public Utility Commission of Ohio took a $4.3 million payment and then acted on behalf of the Akron-based power company instead of as the state’s top regulator. 

    That man, Sam Randazzo, has resigned. 

    But FirstEnergy also helped control a 501(c)(4) “dark-money” group started by a senior DeWine aide while he was still a FirstEnergy lobbyist, the agreement showed. The company passed a torrent of money through the secretive group as part of a successful $61 million effort to buy a $1.3 billion, ratepayer-funded bailout, the document FirstEnergy signed off on said.

    While Acting U.S. Attorney Vipal J. Patel slammed the dark money group, DeWine and the aide, Legislative Affairs Director Dan McCarthy, didn’t respond to requests for comment. DeWine has staunchly defended McCarthy since the scandal broke almost exactly a year ago.

    Patel held a press conference in Cincinnati on Thursday to announce that his office had entered into a deferred prosecution agreement with FirstEnergy. The company will pay $230 million and, if it lives up to the terms of the agreement, will have a charge of conspiracy dismissed.

    Former Ohio House Speaker Larry Householder, R-Glenford, has been charged in the case. He was stripped last year of his speakership and he was ejected from the House earlier this year.

    Two of Householder’s associates charged in the case have pleaded guilty and a third, Neil Clark, took his own life in March.

    For its part, FirstEnergy fired CEO Chuck Jones and two other executives and is conducting an investigation of its own.

    In Cincinnati Wednesday, Patel stressed that the investigation is continuing. But he wouldn’t comment on matters other than the agreement with FirstEnergy. 

    DeWine aide McCarthy hasn’t been charged and last summer, he denied wrongdoing. But Partners for Progress, the dark-money group he founded, was a topic of the prosecution agreement.

    Then still a FirstEnergy lobbyist, McCarthy founded it, “weeks after certain FirstEnergy Corp. senior executives traveled with (Householder) on the FirstEnergy Corp. jet to the presidential inauguration (of Donald Trump)  in January 2017,” the agreement said.

    The prosecution agreement added, “Although Partners for Progress appeared to be an independent 501(c)(4) on paper, in reality, it was controlled in part by certain former FirstEnergy Corp. executives, who funded it and directed its payments to entities associated with public officials. 

    “For example, FirstEnergy Corp. executives directed the formation of Partners for Progress and decided to incorporate the entity in Delaware, rather than Ohio, because Delaware law made it more difficult for third parties to learn background information about the entity. Certain FirstEnergy Corp. executives were also involved in choosing the three directors of Partners for Progress, two of whom were FirstEnergy Corp. lobbyists.”

    Millions would flow through Partners for Progress while McCarthy was its president and tens of millions more would later run through it and into the furious effort to pass the bailout after McCarthy resigned to become DeWine’s legislative affairs director in early 2019.

    The prosecution agreement also appears to refer to McCarthy as “Official Aide 1”  as he worked on DeWine’s behalf to help pass the bailout that DeWine would sign later that year.

    It cites emails among energy executives saying that Official Aide 1 and others were “fighting” to extend the term of a bailout of two failing nuclear reactors in Northern Ohio.  It also cites a text-message discussion between a FirstEnergy executive and the aide about language that would make the bailout harder to challenge in a referendum.

    And in the press conference, Patel said the scandal would never have happened if not for the dark-money group of which McCarthy was president and another, Generation Now, which has pleaded guilty.

    “This effort would not have been possible — both in the nature and the amount of the money provided — without the use of 501(c)(4)s,” Patel said.

    The acting U.S. attorney called the scheme, and even the name of McCarthy’s former dark-money group, dishonest.

    “These are supposed to be, according to the (tax) code, social welfare organizations. You all see a lot of social welfare going on? I don’t,” Patel said, adding, “What about these names? Partners for Progress? What are the partners here? The conspirators? What’s the progress? Passage of (the energy bailout) through bribery?”

    While DeWine’s office didn’t respond to questions on Thursday, the governor in February defended his legislative affairs director.

    “As far as I know, Dan McCarthy has been well-respected for many, many years, long before he started working for me as our legislative director and I have faith in his integrity,” DeWine said.

    For Dayton Mayor Nan Whaley, a Democrat challenging DeWine in the 2022 election, that’s not good enough.

    “Today’s charges make clear that this corruption case reaches the highest levels of government in Ohio,” she said in a statement. “Enough is enough. It’s time for Gov. DeWine to come clean about his knowledge and involvement in this scandal.”

  • Ohio school superintendent DeMaria to retire

    Ohio school superintendent DeMaria to retire

    BY: SUSAN TEBBEN and Ohio Capital Journal

    Ohio’s leader of public education, State Supt. Paolo DeMaria, announced his intention to retire at the end of September.

    DeMaria began his tenure as superintendent in June 2016 and is leaving just as the state legislature approves a comprehensive overhaul of the state’s public school funding formula.

    “The future of Ohio is in very capable hands, and you have my commitment to support a smooth leadership transition ensuring the continued progress and success of Ohio’s strategic plan for education, Each Child, Our Future, and the education system,” DeMaria said in a letter to the state Board of Education president, Laura Kohler.

    The governor made note of DeMaria’s “tireless work” as superintendent.

    “I would like to thank Superintendent DeMaria for his tireless work on behalf of Ohio’s children,” Gov. Mike DeWine said in a provided statement. “Throughout his service in state government, Paolo has been passionate about ensuring that the needs of the whole child are met so that every child can live up to his or her God-given potential. Fran and I wish him well in his retirement.”

  • She says vaccines make you magnetized. This lawmaker invited her testimony

    She says vaccines make you magnetized. This lawmaker invited her testimony

    Republican Rep. Jennifer Gross of West Chester

    By Jake Zuckerman and Ohio Capital Journal

    Columbus, Ohio – After a discredited doctor’s conspiracy theories involving COVID-19 vaccines, magnetics and 5G towers made a mockery of the Ohio House of Representatives, the Health chairman blamed the sponsor of anti-vaccination legislation for inviting the doctor to testify before the committee.

    House Health Committee Chairman Scott Lipps, R-Franklin, said in an interview that fellow Republican Rep. Jennifer Gross of West Chester personally requested that Cleveland area physician Dr. Sherri Tenpenny testify in support of Gross’ bill, the “Vaccine Choice and Anti-Discrimination Act.”

    Lipps said he warned against Tenpenny, but Gross “vehemently” overrode his objections.

    Tenpenny is a prominent anti-vaccination advocate who was deemed “unreliable” by a special master in federal court, who forbade her testimony as an expert witness in an alleged vaccine injury case. 

    Gross also personally invited Fremont attorney Tom Renz to testify at the hearing. A federal judge similarly blasted as “incomprehensible” a federal lawsuit Renz filed alleging “tyranny” from Ohio’s government regarding the pandemic.

    Lipps said Gross and Stephanie Stock, president of anti-vaccination advocacy group Ohio Advocates for Medical Freedom, were adamant.

    “We did not include Tom Renz or Sherri Tenpenny on our agenda,” he said. “They protested, called me personally, and said they wanted Renz and Tenpenny.”

    Renz and Tenpenny both testified in support of Gross’ House Bill 248, which would prohibit colleges, insurers, hospitals, nursing homes, employers and others from requiring, incentivizing or asking about vaccination — all vaccines, not just for COVID-19. Public health experts have said in previous interviews the legislation would suppress Ohio’s vaccination rates against a number of diseases and increase the likelihood of outbreaks of infectious disease.

    The bill drew huge public interest, prompting the committee to allow only certain, invited witnesses to testify.

    Tenpenny, one of the few invited witnesses, unleashed a torrent of inaccurate and bizarre claims about purported dangers of the vaccine. She alleged that vaccinated people become “magnetized,” as evidenced by pictures on the internet of them with forks and spoons sticking to their persons.

    “There has been people who have long suspected there was some sort of an interface, yet to be defined, an interface between what’s being injected in these shots, and all of the 5G towers,” Tenpenny said.

    See footage of Tenpenny’s comments to the committee here

    The comments, which are not accurate, would soon drag the Ohio House through lampooning national media coverage and ridicule from late night comics like John Oliver and Stephen Colbert.

    At 1:47 a.m. the day after Tenpenny’s comments, the doctor emailed Gross to thank the lawmaker for being “strong and brave” and allowing her to testify, according to an email obtained in a public records request.

    In the email, Tenpenny sent a largely unrelated article from the Journal of Nanobiotechnology examining the biochemical functionality of magnetic particles as nanosensors, which are used in cancer diagnosis and treatment. Tenpenny seemed to claim it as proof of her comments regarding COVID-19 vaccines.

    “Don’t let them bully you or disparage me,” she wrote. “We’re on to something here… and the LOUDER they scream, the more they are trying to hide. I stand by everything I said today. I put out FACTS and HYPOTHESIS (points to ponder).

    God Wins,

    Dr. Sherri Tenpenny.”

    The day after the testimony, with the comments going viral online, Gross came to Lipps’ office and said she needed help with “damage control,” according to Lipps’ remarks in an interview. 

    Gross declined to confirm or deny Lipps’ account or answer emailed questions. She said she’s busy and considers the questions “old news.” However, she claimed Lipps praised Renz’s testimony and alleged he thought Tenpenny “sounds great.”

    Ohio House Health Chairman Scott Lipps. Source: Ohio General Assembly.

    Lipps denied saying this.

    “I would expect nothing different from Rep. Gross,” he said in a text message to the Capital Journal. “I have quickly learned she [accepts] no responsibility for her actions or decisions and is quick to blame anyone and everyone. Also, the first agenda we [put] out for proponent testimony had NO Renz and NO Tenpenny. Rep. Gross vehemently objected.”

    When the House Health Committee met a week after the comments went viral, Lipps defended the practice of bringing in witnesses like Tenpenny, even if doing so made people “uncomfortable.” He emphasized the importance of hearing from those one disagrees with.

    “Please step outside your own little world and understand that people are not all the same, and they don’t all believe the same,” he said. “You are not always right.”

    Ohio Advocates for Medical Freedom helped draft Gross’ HB 248 legislation and has paid for a spread of radio ads to gin up support for the bill, according to disclosures with the Federal Communications Commission.

    Stock — president of the group, which researchers found to be the fourth-largest purchaser nationwide of anti-vaccination ads on Facebook — declined to answer questions for this report.

    So who is Sherri Tenpenny?

    Most Ohioans had probably never heard of Tenpenny before video of her June 8 testimony went viral.

    In anti-vaccination corners of the internet, however, she’s something of a celebrity doctor. 

    She is close with Alex Jones, a conspiracy theorist and media figure who is facing libel lawsuits after claiming the Sandy Hook school shooting that left 20 young children and six adults dead at a Connecticut school was a “giant hoax.” The two have been friends for 20 years, they both said in a recent interview on Jones’ show.

    On a recent episode of her podcast, Tenpenny interviewed pillow magnate Mike Lindell, who is among the loudest backers of former President Donald Trump’s lie that the 2020 election was rigged. Lindell and his company are also facing libel suits related to these claims

    While Tenpenny has repeated similar claims of election fraud, her primary focus is vaccines and wrongfully depicting them as dangerous. 

    “Vaccines are now, and people, listen to this closely, always have been a method of mass destruction, a method of depopulation,” she claimed earlier in 2021.

    Tenpenny’s anti-vaccine activism has generated multiple related revenue streams for her. She hosted a “boot camp” this year for $623, training people to convince others to refrain from vaccination. In May, she hosted a live streaming training event to explain the “20 mechanisms of injury from the shots” — platinum package tickets went for $199. Her 2008 book, “Saying No to Vaccines: A Resource Guide for all Ages,” isavailable on Amazon for $877.95, one of several similar titles she has authored.

    Despite this work, Tenpenny does not follow acceptable scientific methodology, her testimony is “unreliable” and she is “unqualified” to address vaccine injury, according to Special Master Richard Abell, appointed by the U.S. Court of Federal Claims.

    Abell made these remarks in a 2010 ruling that blocked Tenpenny’s testimony on behalf of a man who alleged a hepatitis B vaccination gave him Guillain-Barre syndrome, a rare side effect of vaccination.

    The legal standard, he wrote, calls on judges to presume admissibility of testimony of an expert witness. However, he found her methodology “so divergent from the scientific method as to be nonsensical and confusing,” prompting his ruling.

    “Her ideas on vaccine injury have not been exposed to any critical analysis of those in the relevant field, let alone peer-reviewed medical journals,” he said. “There is no way to ascertain whether Dr. Tenpenny’s opinion is credibly accepted by those who would know; there are only the patent defects in her report that militate for the opposite.”

    Tenpenny did not respond to repeated phone calls.

    Tom Renz speaks to the House State and Local government Committee Feb. 17. Source: Ohio Channel.

    Who is Tom Renz?

    After Tenpenny wrapped up her testimony on June 8, Fremont attorney Tom Renz addressed the committee.

    Renz obtained his law license shortly before the pandemic began and his legal career has since wrapped around it. (He says he previously clerked for an Indian Supreme Court justice but doesn’t remember when.)

    He is currently representing clients in COVID-19 related lawsuits against:

    The lawsuits are sprawling, some stretching over 100 pages, and are rife with claims that the COVID-19 death count is “inflated,” that asymptomatic spread of disease is a “fallacy,” that masks don’t work and a deluge of other inaccurate and often debunked claims.

    No cases have yet received any significant rulings. U.S. District Judge James Carr described the first lawsuit against DeWine as “a jumble of alleged facts, conclusory and speculative assertions, personal and third-party allegations, opinions, and articles of dubious provenance and admissibility.”

    Renz withdrew the lawsuit and has since filed a similar case that awaits a ruling. Ohio Stands Up, a citizens group that acts as plaintiffs in the cases, created a crowdsourced legal fund to pay Renz and his partner, Robert Gargasz. The fund has raised nearly $140,000 since it launched around September 2020.

    Earlier this year, Renz testified before a separate committee regarding a pandemic-related bill. YouTube ultimately removed footage of the hearing from its site for violating its COVID-19 misinformation policy

    Renz didn’t respond to an email.

    Ohio Stands Up recently posted on Facebook a flier for an August fundraiser: “An Evening With Dr. Sherri Tenpenny and Attorney Thomas Renz.” Tickets cost $75.