CATAZARO-PERRY: FRUSTRATED, TOTALLY FRUSTRATED?

UPDATED:  12:30 PM

If you are Massillon policeman Michael P. Maier and - if - one day down the road you want to be

Massillon Chief of Police (MPD), it might be advisable to not have Massillon mayor Kathy Catazaro Perry as your sponsor.

So far in legal proceedings, Massillon is batting .000 (0 for 3) in what appears to The Stark County Political Report as part of Catazaro-Perry's  all consuming passion to make the grandson of a former (deceased in 2006) long time, highly regarded/respected Massillon policeman; namely, Johnnie A. Maier, Sr. a future head of the MPD.

The appeal of the Massillon Civil Service decision holding that the law of Ohio allowed Mayor Catazaro-Perry to appoint Micheal P. Maier (son of Stark County sheriff George T. Maier) to a vacancy recreated on the retirement of Sgt J.J. DiLoreto had to be painful for Massillon FOP Henderson Lodge president Tim Anderson and the Local 105 leadership inasmuch as Michael's grandfather is listed on Lodge stationery as being president "emeritus" (a honorary status)

• SCPR Note:  See LINK and note that on the linked FOP webpage that Anderson is listed as the Massillon representative to the Lodge 105).

In this third defeat of what the SCPR thinks is the mayor's fast tracking of Michael towards being the head of the MPD, here is a summary of Stark County Court of Common Pleas Chryssa Hartnett decision in re:  the illegality of the MCSC action is allowing Michael's appointment.

• SCPR Note:  Yours truly is told that there are reports that Michael Maier took a recent "promotion to lieutenant" MCSC exam but did not fare particularly well.
• If the speculation is correct, then the prospects for Maier to one day be Massillon police chief are dimmed considerably more than finding himself once again in patrolman status as a potential consequence of the Rogers and Anderson case outcomes. 
• However, if reports are erroneous about his not coming first for a promotion to lieutenant; it seems to the SCPR that a reversion to patrolman would take away an opportunity for such a promotion.

And here is Judge Hartnett's summary of relevant facts which, she says, were not in dispute.

Here is the refined issue, Judge Hartnett's ruling and the SCPR's read of the significance of the ruling.

And here is her reason for reversing the MCSC Anderson decison:

Looking at the matter through the eyes of the mayor, one would likely see her batting record as, in baseball parlance, 2 for 5 (.400, very good for baseball).  For the Massillon Civil Service Commission (which is controlled, more or less, by the mayor by whom she appoints to the commission) has ruled in favor of Michael or his interest twice.

• SCPR Note:  Chairman Marcus Simpson is said by The Report's source to have voted to grant the appeal of the FOP.
• The Report is told that Simpson's term is to expire soon and it would be truly amazing were Catazaro-Perry to reappoint him given his dissent on the Anderson matter.

In light of the MCSC having made two illegal decisions, the more sensible thing for Catazaro-Perry to do is to ask for Chapanar and Campbell's resignation.

Especially in light of this letter from Law Director Perry Stergios:

It is hard to see how Massillonians going forward - if Chapanar and Campbell remain in place - can have confidence that "the rule of law" will be respected by the Commission.

It is interesting to note that Massillon Law Director Perry Stergios was not representing the city in the Anderson case.

Which, of course, means that Massillon spent taxpayer dollars on private counsel.

Massillon is in State of Ohio designated fiscal emergency on the petition of Mayor Catazaro-Perry.

But such does not seem to bother her in the least in pushing through on behalf of Michael Maier either directly or in his interest.

The first loss (LINK:  see this SCPR blog for the complete story) on the appeal of the-then Patrolman Thomas Rogers not having been selected by the Massillon Civil Service Commission (MCSC) to be promoted to sergeant in that the Commission held that Rogers was not entitled to seniority points as provided for in a City of Massillon/Union contract.

The promotion instead going to Michael Maier.

As it turns out on the decision of Stark County Court of Common Pleas Judge John Haas, confirmed by the Fifth District Court of Appeals that MCSC illegally (by the union/city contract terms and the law of Ohio) appointed Maier.

The SCPR doubts that the Catazaro-Perry administration will voluntarily implement the clear implication of Judge Hartnett's ruling.

That is to say, the second Michael Maier appointment was never as a matter of law effective and that he remains a patrolman in the Massillon Police Department.

Counsel for the union (Craig T. Conley) anticipates that Mayor Catazaro-Perry will seek to maintain Maier as a MPD sergeant and therefore in planning further legal action to implement the consequences of the Hartnett decision.

The mayor is on record as saying that her dealings and determinations with respect to the Michael Maier situation has nothing to do with the fact that his father Sheriff George T. Maier was her first safety/service director.

It is noteworthy that in the Rogers MCSC decision appeal (the appeal to the Commission itself) George was present.

Moreover, in Lodge #105's appeal before the commission on its promoting Michael on the basis of using "the List" two years rather than the legal one year period, it is noteworthy that Michael was present with his attorney Steven Okey.

Catazaro-Perry's statement, the SCPR thinks, belongs in the category of:  "It may be true, but who is going to believe it!"

The current police chief Keith Moser might now have some breathing room.

Were Michael Maier eligible to be sergeant and had he done well on the recent lieutenant example, it is a short step to becoming the chief.

But he isn't according multiple courts and he didn't according to reports circulating in the community.

Catazaro-Perry tried to dump Moser in June, 2013 in dismissing him on June 4 during a time period she could do so without cause.

And the SCPR suspects her real reason is that Moser is his own person with her in the context of working with her administration in setting of being the police professional he is.

That should be fine with the mayor.

But it isn't.

She has demonstrated to the SCPR that all she abides around her is "yes" men and women.

His dismissal prompted the need to set a new competitive exam to develop a List for police chief eligibles.

It was absolutely terrific news when Catazaro-Perry had  "to eat crow" on October 15, 2013 and take him back as chief after he was high scorer - once again - on the competitive police chief eligible exam.

But the SCPR thinks that all the hub-bub around Michael Maier and "the sergeant thing" should put Moser and other aspirants to be MPD chief on notice that she seems intent on bringing Michael on board.

Undoubtedly, she is counting on being reelected in November.

If she is, Moser, the SCPR thinks, should be looking over his shoulder to see whether or not Mayor Kathy and her close advisers have come up with a plan to put Michael Maier in the running for her to be a position to make him chief.

But of course she did say back in October of 2013:  "We support him [Moser] 150 percent and wish him the best in being successful."

At least until she can get Michael Maier in position to be appointed, no?