BREAKING NEWS! SHERIFF-ELECT GEORGE T. MAIER AVOIDS "PERSONAL LIABILITY" FOR NOW.

UPDATED & REPUBLISHED

The Stark County Political Report has just learned that Judge Linton Lewis, Jr. (of DeRolfe case fame [finding Ohio's funding of public education to be unconstitutional]) has found (in a ruling made yesterday) that Sheriff-elect George T. Maier will not be liable to former sheriff Timothy Swanson for damages in the approximate amount of $90,000 for having usurped to office.

Readers will recall that the Ohio Supreme Court found that Maier was illegally appointed to office as sheriff by the Stark County Democratic Party Central Committee (SCDP-CC) on February 5, 2013 and removed him from office on November 6, 2013.

Subsequently, the SCDP-CC on December 11, 2013 reappointed Maier.

In unofficial returns published by the Stark County Board of Elections, Maier defeated Republican Larry Dordea in the November 4th election by about 3,000 votes.

Other than the defeat by virtue of the quo warranto filed by Swanson, Maier has survived every challenge to his candidacy to be sheriff including:

• a indirect attempt via a Writ of Prohibition filed by SCDP-CC challenger Louis Darrow against the SCDP-CC proceeding on February 5th,
• a challenge made to the Stark County Board of Elections (BOE) on the issue of whether or not Maier was qualified,
• which was deadlocked at the BOE with the Republican board members voting to disqualify him and the Democrat members voting to qualify him,
• Republican Ohio Secretary of State Jon Husted while not saying he was qualified allowed Maier ballot access,
• the Ohio Supreme Court using an "abuse of discretion" standard said that Husted did not abuse his discretion is allowing Maier ballot access.

Local attorney and civic activist Craig T. Conley (who represented Swanson in the civil liability case) tells the SCPR that he thinks Judge Lewis erred in ruling against his Motion for Summary Judgment.

Moreover, Conley says, in granting Maier a summary judgment when the Maier attorney never filed such a motion is clearly in error and that he expects that the motion grant to "unasked" by Maier is clearly reversible error.

If Conley is correct in his assessment on the latter point and the Fifth District Court of Appeals reverses Lewis, then there will be a trial on the issue of civil liability.

The court of appeals could reverse Lewis on both rulings in which case Maier would be liable to Swanson unless his legal counsel can get the Ohio Supreme Court to hear an appeal (not as "a matter of right" as in original jurisdiction case such as quo warranto) of any personal liability determination.

As former New York Yankee catcher Yogi Berra is credited with saying:  "it's not over until its over" seems to apply with this case.

WHICH OF THESE THREE MEN MIGHT MAKE LARRY DORDEA STARK COUNTY'S NEXT "ELECTED" SHERIFF?

VIDEO

DORDEA CAMPAIGN

"JUMPS ALL OVER"

MAIER 

REFUSAL TO COMMISSION

DECORATED U.S. MARINE

As The Stark County Political Report sees it, one of the three men pictured above could be "the decisive factor" if Hartville (former Alliance) Police Chief Larry Dordea is to be the choice of Stark Countians as the county's next "elected" sheriff.

In short, the question of today's blog is:  Who is going to prove out as having been "the best man" for Larry Dordea if he wins on Tuesday?

In a sense it is more than appropriate today to talk about the "best man" for Larry Dordea.

For yesterday his only daughter Jill got married.

No politics in the Dodea household yesterday; only a day of celebration and rejoicing.

Knowing Larry Dordea and the family man he is, the SCPR thinks that his daughter getting married will top his getting elected Stark County sheriff, should he be victorious on Tuesday.

George T. Maier, the current occupant of the office, only has a total of 193 Stark Countians (Stark County Democratic precinct committee persons) who have actually voted for him.

Even at that, 150 voted against him in two tries (Maier was removed from office by the Ohio Supreme Court on November 6, 2013) before he was able to stick as a political party appointee.

While the SCPR thinks that nobody should underestimate the heft of the Massillon based political machine and Maier using the power and status of office (appointed or not), it appears that Larry Dordea should win on Tuesday.

WHY?

Because of the confluence of three factors!

 KASICH BLOWOUT WIN OVER FITZGERALD

(LINK TO COLUMBUS DISPATCH ARTICLE)

In the words of the Cleveland Plain Dealer editorial writer Thomas Suddes:

Bar-stool strategists have suggested the Kasich-FitzGerald tally could be a blowout like George Voinovich's 71.8-percent-to-25-percent victory over Democrat Rob Burch in 1994.  (Despite likely Kasich blowout, Nov. 4 includes two Ohio nail-biters, November 2, 2014)

As far as the SCPR is concerned, the Dordea has given too little play to this photo:

Some Dordea campaign strategists tell the SCPR that the reason for that thinking is that "arm-in-arm" with the governor will turn off Democratic/Democratic leaning independents in what they perceive to be an overall Democratic county.

And that could be.

But another way to look at it is that there are some Republicans who will likely - in the estimate of the SCPR - be voting for Democrat Maier.

And, perhaps, Dordea needs to do a political bear hug of Governor Kasich to persuade Stark County Republicans that he has the confidence of and the support of the governor and that they better be perceived to have been a Dordea voter come November 5th.

While he says he is neutral, the SCPR thinks that Republican Stark County commissioner Richard Regula in his heart of hearts supports Democrat Maier and will likely be voting for him.

Republican Joe Concatto (served in the Janet Creighton Canton mayoralty administration (2004 - 2007) is on record with financial support for Maier's campaign and therefore should be counted among Republicans who have or will be voting for Maier.

Ditto that for Republican Marlboro Police Chief Ron Devies.   Devies does have ties to Dordea and did make a financial contribution to Dordea's campaign.

Nevertheless, one (the SCPR) gets the impression that he will check his ballot for Maier.

And then there is Republican Stark County commissioner Janet Creighton.

The Report thinks she got a bit miffed with the SCPR when The Report ran a video a while back in which she refused when prompted by an Akron Beacon Journal reporter to declare "all-out-for-Dordea," refused to do so and - what's more - make herself look rather selfish in saying:

(paraphrase)  "The only people I am declaring for is myself (she's running unopposed for reelection as commissioner) and John Kasich (for whom she is the head of his northeast Ohio campaign).

The SCPR is not suggesting that Creighton is voting for Maier.

And as far as the SCPR thinking she is miffed at The Report?  She will have to get in that "long line of Stark County elected officials who share her pique!"

That's the price the SCPR pays for its independent analysis that is present in no other Stark County media.

Creighton could have been more helpful to Dordea.

The Report thinks she is Stark County's most powerful and influential Republican and should Dordea lose, her - apparent to the SCPR - lukewarm support may cause some to look at her as being the cause.

It remains to be seen as to whom is correct in an analysis of the Kasich factor in the Dordea campaign.

SECOND, THE SWANSON ENDORSEMENT

SWANSON'S ENDORSEMENT
After careful consideration I have decided I cannot remain silent any longer concerning the Sheriff's race. Having spent the last forty years of my life dedicated to serving the citizens of Stark County and for fourteen of those years you trusted me as  your elected  Sheriff (1999-2013), I must speak out. 

There is only one qualified candidate appearing on the November ballot, Larry Dordea. I cannot believe the audacity of the Democrat candidate, who was found to have illegally occupied the office of Sheriff by the Ohio Supreme Court. 

I implore you not to be deceived by the rhetoric and untruths being shared by Mr. Dordea's opponent. 

There is only one candidate appearing on the ballot who truly meets all the necessary qualifications. That candidate is Larry Dordea.

The only thing necessary for the triumph of evil is for good men to do nothing. -- Sir Edmund Burke  1729-1797   

Tim Swanson retired
Stark County Sheriff
Tim Swanson 

Remember those 150 "against Maier votes" in the February 5, 2013 (92 for Maier; 84 for Darrow, 1 for Dordea) and December 11, 2013 (101 for Maier; 66 for Darrow) Stark County Democratic Party Central Committee vote?

At the time, the man who the SCPR thinks was the chief architect of Maier prevailing; namely, the-then chairman of the Stark Dems Randy Gonzalez had to be think "the passage of time heals all things."

Well, do you think he is thinking that today in the light of the - in the past - staunchly Democratic former Stark County Democratic sheriff Tim Swanson broke ranks and endorsed Republican Larry Dordea.

The Swanson endorsement is clearly a signal to Democrats of Swanson's historical dedication that in - this one race - it is okay for them to vote for a Republican.

And, though they have not publicly said so, the SCPR has to believe that Stark County prosecutor John Ferrero and former top level Stark County sheriff department commander Lou Darrow have or will on Tuesday vote for Dordea.

It is hard to gauge the oomph of the Swanson endorsement.

At the very least he has to wash out those Republicans for Maier voters.

Most likely, the Swanson factor will outweigh the pro-Maier Republican and Republican leaning independent vote.

THE U.S. MARINE, 27 YEAR DEPUTY  DAN ALTIERI FACTOR

It is always surprising when experienced politicians like former Stark County Democratic Party chair Johnnie A. Maier, Jr. screw up.

But, from time-to-time, they do.

And that is exactly what the SCPR thinks happened in January, 2014 when (obviously after George "having thought it over") decided to do a very foolish thing.

He refused to commission Dan Altieri (as a reserve Stark County deputy sheriff so that he could qualify for a security job at an area college).

"A hard-to-believe-George T. Maier-refusal" in the light of Altieri honorably serving for 27 years as a Stark County deputy sheriff and as a highly decorated military hero (multiple tours in Afghanistan and Iraq).

The Dordea campaign has jumped all over this monumental George T. Maier political "blunder" witness this YouTube posted video:



How does the SCPR account for this screw-up?

The Maiers are so into political vendetta that they do "over-the-top" things that come back to bite them in the posterior.

Altieri had the audacity to exercise his U.S. Constitution right to support Lou Darrow in his contending with Maier for the Dems' appointment.

Nobody would deny Altieri (who risked his life defending our democratic-republican form of government) his right except - apparently - the brothers Maier.

As the SCPR has reported ad nauseam political loyalty seems to be an obsession with the Maiers.

Well, Sergeant Major Dan Altieri is loyal first and foremost to the U.S. Constitution and has amply demonstrated that potentially at the cost of his own life he puts on the line to preserve America as a freedom loving and enjoying nation.

The Maiers may well "live to rue the day" that George (who believes that he did so without the political counsel of Johnnie, Jr) refused an American military hero his merited and deserved reserve Stark County sheriff deputy commission.

WHICH OF THREE MIGHT TURN THE  ELECTION DORDEA'S WAY?

How about "all three in combination?"

That's what the SCPR thinks!

PART III - A MULTI-PART "ANALYTICAL" SERIES ON CAMPAIGN FINANCE ON KEY "STARK COUNTY" RACES: THE SHERIFF CONTEST

(NIXON PHOTO REFERENCE)

As a child it dawned on me, that the general public thought Republicans were in a political party of the rich and Democrats were the party of the working class.

My family was working class.

So the question I posed to my father?

"Dad, why are we (the Olson family) Republicans?

Dad, would get red in the face and say:  "Son, don't believe that bunk.  The Republican Party is the party of Abraham Lincoln and there wasn't a more common man who has ever been president of these United States of America!"

Being considerably older now, it is now apparent to me that neither political party's province is of any economic class.

They both have rich and poor and to the degree to which it exists due to he "dumbing down" of America's wage structure - the middle class.

So it has been "eye opening" to me (switched to the Democratic Party in 1976) and out of both main political parties (with the initiation of the SCPR, March 2008) as to how "out-of-touch" both the Republican and Democratic political parties are vis-a-vis huge segments of the American public.

Not sure what is going to replace them, but I am convinced that over the longer course we are in for a political convulsion the likes of which this great country has never seen.

Both political parties have become about themselves and empowering and enriching those who man the party posts of leadership by which the parties commandeer (in the sense that ordinary people are not buying) our institutions of government at the national, state and local levels (thereby excluding most of them from "meaningful" participation) and consequently are sowing the seeds of the parties' demise over the long haul.

Okay, Martin, it's time:  "Off the soap box!" and get on to the Dordea campaign finance report and DO IT NOW!

THE DORDEA CAMPAIGN FINANCE REPORT

The SCPR uses the Nixonian "Republican Cloth Coat" (LINK) analogy to set up this blog's discussion on:

• the Dordea campaign, 
• its structure, 
• the level of contributions, and 
• the campaign not focusing, as far as The Report can tell, on seemingly benefiting a specific person or company with ties within the Republican party structure (contrast:  Kody Gonzalez and the Democrats) in terms of campaign expenditures on the part of various campaigns

First, there are really no Big Kahunas apparent in the Dordea CFR as there are in Maiers (LINK to yesterday's blog).

Compare the Dordea list with Maiers:

Hmm?

Two to one, Maier trumps Dordea.

And Maier's list of high end donors is quite a bit longer than Dordea's.

Interesting, no? for the political party who likes to portray Republicans as "the party of the rich."

It could be that the Maier Political Machine is much more comfortable with the "hob-nob" crowd than local Republicans?

Remember, former Stark County Democratic Party chairman Johnnie A. Maier, Jr has had a fight or two or maybe even three over the past decade or so?

The evidence is there for one to think that perhaps the brothers Maier do not feel all that comfortable with the so called "working class?"

Maybe that is part of the "unstated reason" why former Democratic sheriff Tim Swanson has endorsed Dordea?

And it could be that George (in his political sophistication; largely at the schooling of brother Johnnie, Jr.) did not appreciate the decorated American military hero, no-nonsense, day-in, day-out, working class 27 year sheriff deputy named Dan Altieri?

Maybe Swanson is right?

• (remember though, he merely recommended Dordea as being the only candidate "qualified under Ohio's sheriff qualification law" to be sheriff)

The SCPR is speculating as to what else may have been in Swanson's mind as he mulled over whether or not to endorse a Republican.

For lifelong Democrat Swanson to endorse a Republican and have his picture taken with him, had to be one tough process for this staunch Democrat, no?

Given what is revealed by the Maier CFR,  for many rank-and-file Democrats, the candidate of choice on Tuesday might be Republican Larry Dordea as a personification of what most ordinary Stark Countians want in the sheriff's office?

Other differences in the Dordea CFR as contrasted to Maier's is that there is "NO!" list of employees under his management who have contributed to his campaign.

There was no solicitation like this:

Yet another difference is the complete absence in union contributions to Dordea.

To the SCPR this is a sad thing.

The Report's heart goes out to the working men and women of America.

Democrats like the brothers Maier - The Report thinks - use unions for their personal political aspirations but appear to want nothing to do with them when it comes to "hob-nobbing" time.

And, to boot, most organized/elected Republicans work them over big time.

More than any other factor, the SCPR sees unions has the key American phenomenon that made the middle class what it was in its heyday in the 1950s, 1960s and even into the 1970s and is a sort of "Custer's Last Stand" for the middle class nowadays.

Republicans who are anti-union should be ashamed of themselves.  They should find ways to work with them.

As sheriff, if elected, Republican Larry Dordea will have the opportunity to be a model for Republicans in working with unions.

Doing such could be a way for him to get re-elected in 2016.

The election of 2016 will be "a whole kettle of different fish," in that it is a presidential election year.  Republicans have a tough time winning countywide in Stark County in presidential years.

The SCPR's overall assessment of Dordea campaign finances is that he has raised enough to put on a campaign that might well turn out to be the winning campaign.

Dordea has been able to get by on significantly less than Maier because the overall political environment favor him, to wit:

• Republican governor John Kasich is going to politically obliterate Democrat Ed FitzGerald on this coming Tuesday,
• Dordea will benefit because many Democrats will stay at home in the face of the expected onslaught,
• While some Republicans will likely vote for Maier (the SCPR thinks a Republican Stark County commissioner will be one of them), the number of those doing so should be washed out if not surpassed by Swanson/Ferrero/Darrow Democrats (who opposed Maier's appointment on February 5th and December 11th of 2013) who vote for Dordea

Despite the disadvantage that Dordea has in having been significantly out fundraised; in the 2014 political Republican landslide environment, he might still surface as Stark County's next "elected" sheriff.

One acquaintance of the SCPR thinks Dordea will win comfortably.

The Report does not share that sentiment.

If Dordea wins, the SCPR thinks it will be relatively close.

As in the Maier Campaign Finance Report blog, the SCPR has transformed the BOE filed paper reports ("Hey! Representative Schuring, let's get into the 21st Century with Ohio's campaign finance information") so that you, the SCPR reader has an easy way to find out who is supporting Dordea/Maier that either speaks well for him or not so well.

To the SCPR, it looks like Dordea is wearing a CFR that is tantamount to him donning a "Republican cloth coat."

In this election, it appears that Democrat George T. Maier is wearing the "mink coat."

Here is a LINK to the report.

PART I - A MULTI-PART "ANALYTICAL" SERIES ON CAMPAIGN FINANCE ON KEY "STARK COUNTY" RACES

MAIER FOR SHERIFF CAMPAIGN

UPDATED:  5:50 PM

Not long ago, The Stark County Political Report did a blog on what appears to be a George T. Maier attempt to intimidate the top brass within the Stark County Sheriff's Office (SCSO) into contributing to and supporting his campaign to make the transition of "merely being the" Stark County Democratic Party Central Commitee (SCDP-CC) "appointed" sheriff to becoming the elected sheriff.

Maier did hold his fundraiser on the 4th as evidenced by this campaign finance report (CFR)  expense statement on his pre-General CFR.

And the results of his "recommended level of support" solicitation are interesting to say the least.

As shown in the graphic above, the only one among the majors, captains and lieutenants part of the solicitation getting anywhere near "the recommendation" is one Timothy George; promoted by Maier to captain in May, 2013, to wit:  (source:  SCSO Facebook page)

Hmm?

Since he was promoted, Stark County Board of Elections filed Maier CFRs indicate that George contributed another $150 in the post-Primary report and therefore is relatively close to what George T. Maier thinks a captain should contribute.

Tim George, as far as the SCPR can determine, has contributed $800 so far.

Of course, we will not know what he or any other of the top brass at the SCSO does between October 16th and up to and beyond the election until the post-General election CFR are filed.

And that we will not know until December 12, 2014.

Just call the SCPR cynical when it comes to the Maiers (George and his brother Johnnie A. Maier, Jr., a former Stark Dems chairman), but The Report suspects that there might be a "wink and a nod" operation going on whereby other top SCSO officials/employees will make sizable contributions (or have since October 15th) in line with "the recommendation according to the rank," but they will not be known by the public until December 12th.

The SCPR's take on the Maier brothers is that "personal political loyalty" is an obsession with them and that for anyone who violates any test of loyalty with them (contributions, voting for a sheriff candidate or other Maier approved candidate within the SCDP-CC scheme of things, and the like) will forever be suspect with them as having the requisite loyalty so as to be considered part and parcel of the Maier Loyalty Club.

While he is still short of George T. Maier recommended $1,000 for a captain,  Timothy George is far and away (again, according to Maier filed BOE CFRs) ahead of his peers.

Making him, as far as the SCPR is concerned, the most loyal of George T. Maier's loyalists in terms of SCSO employees contributing to the boss' political campaign.

And as seen in the SCPR's blog on Sergeant Major and U.S. Marine par excellence Dan F. Altieri (at least from Altieri's perspective), personal political loyalty seems to be an obsession with George T. Maier.

Altieri thinks he did not get a renewed "reserve" deputy sheriff commission because he had handed out flyers when Maier was vying for the SCDP-CC appointment as Stark County sheriff on December 11, 2013.

As the SCPR understands it, Maier's denial of Alteri's commission, threatened his ability to earn a living.

The SCPR has searched high and low for a photo of Timothy George and cannot find one.

Would someone please send the SCPR a copy of a Tim George photo?

Why would the SCPR want a photo of Tim George?

Answer:  Don't you think he should be included in the SCPR generated graphic of "The Maier Loyalty Club?"  He does deserve to be rewarded for his "all-out-support" for George T. Maier, no? Does anyone dispute that he is entitled to be thought as being a member of the club?

And, one final thing.

Speaking of photos.

The SCPR has a report that there is (or has been) a photograph of former Democratic sheriff Tim Swanson (who, yesterday, endorsed Maier opponent and Republican Larry Dordea) and Democrat and Stark County Prosecutor John Ferrero.

So?

Well, the word is that on the photo there are two darts.

Hmm?

So the questions are, if the report is accurate:  (the SCPR has a source that claims to have seen the photo)

1. What does such a mix in a photo suggest?
2. Does George T. Maier know about it?

With Swanson's endorsement of Dordea, no indication whatsoever that Prosecutor Ferrero is reconciled to Maier, are there a greater pair of disloyals to Maier in all of Stark County?

And the Maiers ain't ever going to forget that!!!

BREAKING NEWS! FORMER DEMOCRAT SHERIFF SWANSON TO ENDORSE REPUBLICAN DORDEA FOR STARK COUNTY SHERIFF!

The Stark County Political Report has learned that the broken glass of the Stark County Democratic Party will become scattered shards with the impending "press release" later today by former Democratic Stark County Sheriff Tim Swanson that he endorses Republican Larry Dordea over fellow Democrat George T. Maier.

Swanson, as captured in the photo above by the SCPR with former Stark County sheriff department Captain Lou Darrow (now retireat a Stark County Council of Governments (SCOG) meeting on November 12, 2013, just days after the Ohio Supreme Court removed Stark County Democratic Party Central Committee appointee George T. Maier (02/05/2013) from office as "unqualified" by the Ohio Supreme Court on November 6, 2013.

A Swanson filed quo warranto on February 12, 2013 was the basis for the November 6, 2013 decision.

Swanson and Democratic Stark County prosecutor John Ferrero (a former chairman of the Dems) opposed Maier in supporting Darrow on February 5th and again on December 11, 2013 when the Stark Dems once again appointed Maier.

At the February meeting Darrow received 84 votes compared to Maier's 92.  In December, there were still 66 Democratic precinct committee members who were willing to face down the Maier Massillon-based political machine.

Long term Stark County political observers were stunned at the closeness of the February vote.

Had the vote been by secret ballot, many observers think that Darrow would have won.

There are those who think that Maier's brother Johnnie, Jr (a former Dems' chairman) hatched the "open to public scrutiny" vote change in the local Democratic Party bylaws justified by an argument that central committee members are "elected" officials and therefore are obligated to vote out-in-the-open.

While the SCPR agrees with the political theory behind the "out-in-the-open" vote, The Report does not buy into the notion that Gonzalez and Johnnie A. Maier, Jr are "transparency-fostering" party leaders.

The Report thinks that Gonzalez and Maier, Jr will shift with the wind depending on their personal political interests.

As far as the SCPR is concerned, there has never been a definitive answer by the Ohio Supreme Court as to whether or not Maier is currently qualified under relevant Ohio statutes to be sheriff.

And the possibility remains that should he be elected on November 4, 2013, Maier will once again face a quo warranto action like that initiated by Swanson on February 12, 2013 that could keep the Stark County sheriff's office in a state of flux.

With Swanson's endorsement, Dordea - who the SCPR thinks already has an advantage in that the Democratic gubernatorial candidate (FitzGerald) self-destructed and therefore Democrats across-the-board are in for a real shellacking in less than two weeks - picks up another advantage with dissident Democrats who look to Swanson and Prosecutor John Ferrero for leadership.

Ferrero has not, so far as the SCPR knows, endorsed Dordea.  However, it is hard to imagine that he would be telling anybody that he thinks it is okay to vote for Maier after his (Ferrero) being humiliated on February 5th by then Stark County Dems' chairman Randy Gonzalez for having submitted an affidavit expressing his assessment that Maier was not qualified under Ohio law to be sheriff.

To repeat, the Ohio Supreme Court vindicated Ferrero's opinion on November 6, 2013.

George Maier was removed as the Stark County Democratic Party appointed sheriff.

Though The Report thinks Dordea is disadvantaged in that he is a classy guy who runs his political campaign at a very high moral level as compared to the political "rough and tumble" Maiers (to be nice about them); it could be that the "stars are aligning" for him and the rift within the Stark County Democratic Party in combo with the coming Republican tide will put him over the top on November 4th.

SWANSON'S ENDORSEMENT

After careful consideration I have decided I cannot remain silent any longer concerning the Sheriff's race. Having spent the last forty years of my life dedicated to serving the citizens of Stark County and for fourteen of those years you trusted me as  your elected  Sheriff (1999-2013), I must speak out.

There is only one qualified candidate appearing on the November ballot, Larry Dordea. I cannot believe the audacity of the Democrat candidate, who was found to have illegally occupied the office of Sheriff by the Ohio Supreme Court. 

I implore you not to be deceived by the rhetoric and untruths being shared by Mr. Dordea's opponent. 

There is only one candidate appearing on the ballot who truly meets all the necessary qualifications. That candidate is Larry Dordea.

The only thing necessary for the triumph of evil is for good men to do nothing. 
-- Sir Edmund Burke  1729-1797     

Tim Swanson retired

Stark County Sheriff

Tim Swanson 

LEAVE IT UP TO "QUINTESSENTIAL" POLITICO GEORGE T. MAIER - A POLITICAL FIRST: CONTRIBUTE TO MY SHERIFF CAMPAIGN BY YOUR RANK!

Updated:  09:00 AM

VIDEO "ENCORE"

REPUBLICAN COMMISSIONER

JANET CREIGHTON

PASSES ON OPPORTUNITY

TO

ENDORSE

LARRY DORDEA

It will be interesting to see on October 23rd when the pre-general election campaign finance statements need to be filed with the Stark County Board of Elections which Stark County sheriff department employees caved into what seems to be a George T. Maier "I expect you to contribute according to your rank to my October 4, 2014 fundraiser."

SCPR readers will, of course, get a report from the SCPR on or about October 24th as to whom - by name - "might" have been intimidated by the following Maier solicitation.

The SCPR will also be checking to see if Maier campaign official Margaret Elum (top administrative assistant to Massillon mayor Kathy Catazaro-Perry and wife of Massillon Municipal Court judge Edward Elum) keeps the addresses of contributing deputies off the report as required by Ohio law.

Last time out, the addresses appeared.

When requested, the SCPR was only too happy to comply with deputy entreaties to remove their addresses.

The SCPR did not at the time know who is a deputy and who is not.  Elum and George T. Maier certainly do.

Their real beef was with Elum, Maier or whomever put the post-primary campaign finance report in the public record with the addresses included.

Maybe those same deputies who called the SCPR ought to be calling Elum with their concerns prior to the submission of the pre-general report?

THE SOLICITATION

Take a look at the ticket stub.

Outrageous, simply outrageous are George T. Maier and his political advisers.

Political advisers?

Who might they be?

How about brother and former Stark County Dems chairman Johnnie A. Maier, Jr and the Stark Democratic Party political director R. Shane Jackson?

Think that might be "right on the mark?"

It is appearing more and more to the SCPR that George, Johnnie, Jr and Shane are "eating, drinking and sleeping" - get George T. Maier elected.

More and more Stark Countians have to be thinking that George T. Maier has invoked the power of his office to engender support through intimidation.

The Report thinks that in their minds, the only thing in the election is "the George T. Maier" thing.  Nothing else, apparently, in the 2014 election counts.

A bit "over-the-top," no?

REPUBLICAN DORDEA & HIS "SPECIAL" PROBLEM?

Kind of like Commissioner Janet Creighton saying last Wednesday whom she supports as between fellow Republican Larry Dordea and Maier:  (paraphrase) "All I care about is me (she is running "unopposed" for reelection) and Governor John Kasich (whose campaign she heads up in northeast Ohio)."



Not a very pretty picture of Commissioner Creighton, if you are Larry Dordea, no?

The SCPR has, in the past, seen Creighton as being a dependable, reliable and supportive of deserving (in terms of being quality candidates) Republican candidates.

And in the SCPR's book, Dordea meets that criteria.

So why would Creighton dodge the opportunity to give Dordea a resounding endorsement?

How deep does Creighton's Republicanism go anyway?

TIM SWANSON EMAIL TO THE SCPR

The Maier fundraiser ticket was sent along to the SCPR last evening by former sheriff Tim Swanson along with this comment:

It appears to HINT (intimidation) that if you hold a particular rank as listed, that's the ticket you should purchase.

Several I've heard from feel extremely threatened or in fear of loosing their jobs or assignments.

Management through intimidation, it wasn't taught in any leadership courses I received at the SO, FBI academy or during 20 years in the military.
...
Did you ever wonder what he (Maier) did with the funds he collected from his first fund raiser for Sheriff and then declared by the Ohio Supreme Court to illegally usurped the office. It appears those funds would need to be returned or donated to charity. 

Think about it.

Tim Swanson 

(SCPR NOTE:  color added to portions of Swanson text for emphasis sake)

POLITICS FIRST, BEING SHERIFF, GEORGE T. MAIER?

As of the date of this blog, nothing that George T. Maier does "political-wise" surprises The Stark County Political Report.

Last night yours truly was at the Stark County Education Service Center (SCESC) 64th annual Stark County school district Bus Driver and Mechanics Recognition Dinner held this year at Northwest High School located in Canal Fulton.

Spouse Mary is in her seventh year as a member of the board.
 
Guess who else was their in full uniform dress? 

You've got it:  George T. Maier.

The Report is told that whomever happens to be sheriff is invited to the event each and every year.

Well, last year Maier was still in office as the Stark County Democratic Party Central Committee appointed sheriff.

He was not given the boot by the Ohio Supreme Court until November 6, 2013 having been illegally appointed by the Dems on February 5th.

The expulsion from office having come after the January, 2013 statement by Maier:

Maier, though sheriff at the time,  was a "no show" in the SCESC event in 2013.

Year 2014, of course, is a different story for it is an election year.

Hmm?

Should Maier get elected, the SCPR thinks that he will be nowhere to be seen at the 2015 SESC annual event.

For all his policing credentials, Maier is proving to be quite the political animal.

Even for the SCPR his degree of politicization has come as an evolving and surprising revelation about George T. Maier.

Brother Johnnie, no surprise!

But George, yes.

With his focus on learning to be a professional cop, one would think that he would be like his one time opponent Lou Darrow, for whom, the SCPR thinks, was a case of "politics being a necessary evil."

Darrow apparent disdain for politics makes it all the more amazing that he came within 8 votes in February, 2013 of being coming "a legally qualified" sheriff.

The vote on February 5, 2013 was 92 for Maier, 84 for Darrow and 1 for Republican Larry Dordea, who, of course, remains as a Maier opponent.

The question that should be haunting the Maier forces is whether or not those 84 votes will show up in the election tally in the late night hours of November 4, 2014.

It is interesting that Swanson, in his email to the SCPR, raises the spectre of Maier possibly being in for new rounds of legal problems.

Others have written the SCPR asking about the legal appropriateness of various sheriff department employees being involved in Maier's campaign.

MORE LEGAL TROUBLES FOR MAIER?

Undoubtedly, there are "legal eagles" out there who are taking a close look at Swanson's point and assessing the involvement of certain types of employees being heavily involved in the "Keep Sheriff Maier" effort.

A week from today Maier's legal counsel will have had to have filed his motion in opposition to Swanson attorney Crag T. Conley motion for summary judgment on Swanson's personal liability claim against Maier as the Stark Democratic Party appointee for having usurped Swanson's position as sheriff.

Indications are that a decision may well be forthcoming before November 4th.

The SCPR would not be surprised to see the following headline:  Maier found liable to Swanson to the tune of $90,000.

The Report thinks that Maier attorney Thomas Rosenberg senses that too.

The Report is told that Rosenberg argued in a telephone conversation to Judge Linton Lewis, Jr. (of DeRolf school funding fame - LINK to Columbus Dispatch article) that he should commit not to making a decision until after the election.

He got no such assurance.

In fact, Judge Lewis has ordered the closure of pleadings on October 16th and a decision could come down any day after the 16th comes and goes.

And Rosenberg is said to have - in that same telephone conversation - accused Swanson of using the personal liability lawsuit to help defeat Maier on November 4th.

But Swanson through his attorney denies that such is the case.   Conley says that they are invoking his legal rights as provided by the "rule of law" as articulated by the Ohio Supreme Court.

Swanson has promised, after legal expenses have been paid, to donate what remains of the judgment amount to a favorite charity:  Wishes Can Happen.

For all the criticism that Swanson has received over the last several years in his capacity as sheriff (some of it coming from the SCPR), it seems he is light years ahead of George T. Maier when it comes to character issues and ethics issues, no?

And he is certainly "leaps and bounds" more mature than Maier.

WHEN WILL MAIER ANSWER ALLEGATIONS OF RE: HIS TEMPERAMENT?

Notwithstanding the critical SCPR blogs of yesteryear, he has never once refused to answer The Report incisive questionning.

The Report would love to ask Maier two questions and get responsive (not "beat around the bush, hem-haw types) answers.

One, please respond specifically to allegations contained in the Columbus Dispatch article of August 28, 2008 (Director quashed inquiry into No. 2 [George T. Maier], [Public safety chief rejects more action in intimidation case].

Two, was Lawrence Township trustee and the-then Massillon streets supervisor correct in his version of the Kathy Catazaro-Perry campaign sign incident?

The chances of the SCPR getting to ask these questions and getting a responsive to the question answer is between "Slim and None," with Slim just having left town.

In a phrase, George T. Maier is arrogant to the point that he thinks he is not accountable to the Stark County public!

DEMOCRATS FOR DORDEA COMING TOGETHER?

UPDATED & REVISED AT 11:00 A.M.

Former sheriff Tim Swanson and current prosecutor John Ferrero remain - the SCPR thinks - the top two local Democrats, in terms of political appeal, to Stark Countians.

Each has rolled up large majorities in the elections that they have run for re-election.

Swanson has retired (again), but Ferrero is still Stark County's top-profile Democratic officeholder.

So it was one the biggest political mistakes that former Stark County Democratic Party (SCDP) chairman Randy Gonzalez made during his term as chair when he demeaned Ferrero in front of the 177 voting SCDP precinct committeepersons when the Dems met to appoint a successor to 2012 sheriff-elect Mike McDonald.



In the foregoing video, Ferrero said that he would support the Stark County Democratic Party appointee, whomever that might be.

And, the SCPR's recollection is that Tim Swanson has said the same thing.

But since those statements were made, "a lot of water has flowed over the dam."

The SCPR believes that the animosities between Ferrero/Swanson and many other Democratic precinct committeepersons (present and past) and appointee George T. Maier that a significant number of registered Democrats who nearly always, if not always, vote exclusively for Democratic candidates will make an exception on November 4, 2014 and vote for Republican Larry Dordea.

Recently (August 22nd), Dordea campaign officials stopped by former sheriff Tim Swanson's home and obtained a "photo-op" of Swanson family members Tim Swanson (the former sheriff's son and grandson) wearing a Dordea for Sheriff campaign shirts.

While Swanson himself was not in the photo, guess who snapped the picture?

You've got it!

Tim Swanson!!

What do you think the odds are that Swanson will follow through on his declaration that he would support the Democratic candidate, whomever it might be.

The SCPR has been told by Dordea supporters that efforts are underway to get Swanson and Ferrero to publicly endorse Dordea.

There is little doubt in the mind of The Report that both Swanson and Ferrero are privately telling all their "over the years" political supporters that they should vote for Dordea.

And that is a "thin" layer of "icing on the cake" in what the SCPR thinks is going to be a Larry Dordea victory in November because the Democratic "top of the ticket" gubernatorial candidate (Clevelander Ed FitzGerald) is going down big-time and he is likely to drag all the "down-ticket" candidates including George T. Maier down with him

FitzGerald, the SCPR thinks, will beat expectations if he get 35% of the vote.  If he should get 40%, he will think he won.

The biggest problem for Maier and all those Democrats running "down-ticket" is that registered Democrats (very likely to vote a de facto "straight-Democratic-ticket") will stay home in droves.

The "thin" icing on the cake that the SCPR thinks Dordea is benefiting from among Democrats who take their political marching orders from the likes of Swanson and Ferrero could become "thick and overwhelming" if the Dordea supporters can convince Swanson and Ferrero to make public statements of support.

Do not look for that to happen.

While the campaign button pictured at the beginning of this blog may not actually go into production, the Swanson photo session indicates that political wounds within the Stark County "organized" Democratic Party are about as fresh as they were on December 11, 2013 when the Dems under the guidance of then chairman Gonzalez did an "in-your-face" routine on the anti-Maier forces within the central committee.

The SCPR thinks Maier will do better than FitzGerald in Stark County.

And, if he had a solid SCDP structure behind him, The Report thinks he might win notwithstanding FitzGerald.

But he doesn't!

Accordingly, it is hard for the SCPR to see George T. Maier, the SCDP appointed sheriff he is, serving beyond December 31, 2014.

GEORGE MAIER TO FACE LEGAL/ADMINISTRATIVE ACTIONS 14, 15 & 16?

Now that the Ohio Supreme Court has decided that George T. Maier is going to be on the May 6th ballot as the Democratic candidate for Stark County sheriff, he is likely thinking that the legal wars have come to an end and the only hurdle he has to clear is defeating Republican Larry Dordea in the November election.

How about a federal court action asking the federal courts to intervene in the election on the grounds that Stark Board of Election protestor Cynthia Balas-Bratton was denied "due process of law" on the allegations that Democratic BOE member Deametrious St. John had predetermined his vote on the matter of Maier's qualification and that therefore his participation in the February 21, 2014 hearing on the protest violated Balas-Bratton U.S. Constitution rights?

How about a second interim Sheriff Tim Swanson quo warranto on the issue of Maier qualifying under ORC 311.01(B)(9)(a)  - being a 'fulltime' peace officer - which the Supreme Court found he was not on the basis of his having served as a deputy sheriff for his "friend forever" (per Myers' deposition in Swanson v. Maier, quo warranto), namely; Sheriff Ronald J. Myers of Harrison County?

How about - if a second quo warranto is successful - a third quo warranto filed by Larry Dordea should he lose the general election in November?

Those, readers of the SCPR, are the possibilities of further challenges to Maier notwithstanding yesterday's decision not only upholding Republican Secretary of State Jon Husted's tie-braking vote of March 7th siding with the Democratic BOE members in allowing Maier on the ballot but also closing off a quo warranto challenge to Maier for not meeting the criteria of ORC 311.01(B)(9)(a) [a supervisor at corporal or above for two years].

The Report is told by Craig Conley (Balas Bratton's protest attorney and Tim Swanson's attorney in a civil suit to recover lost wages and benefits)  that George T. Maier was not properly sworn in as deputy sheriff in Harrison County for the period November 8, 2013 through December 5, 2013 that he worked once again for his "friend forever."

So?  A mere technicality, no?

Not according to Conley.

He says that the Ohio Constitution require swearing in and if an official is not sworn in, then if is as if the official was never a public official to the position to which appointed.

Conley says that had Maier been sworn in his November/December stint in Harrison County would have cut off any additional challenge on quo warrantos to Maier's right to be sheriff.

Hmm, no?

In the SCPR's conversation with Conley post-denial of the Balas-Bratton Writ of Prohibition, he was not interested in rehashing the rationale of the decision other than to say that he disagrees with it.

The Report has picked up on an expression that Conley often uses, to wit:  "The Supreme Court doesn't have to be correct [in its decision], it just has to be the Supreme Court."

But it was obvious to The Report that he thinks that Swanson and Balas-Bratton have merely been sidetracked on the respective tracks and that they may well wish to pursue further legal action.

And Conley is game to represent them "pro bono" (i.e. without charge "as a public service")

Conley sounded to the SCPR like someone not at all inclined to counsel his clients to quietly slink away.

After hearing the disappointing news of yesterday Supreme Court decision, Conley, if anything, was fired up and ready to continue the "all out 'legal' warfare" George T. Maier has been besieged with.

On March 11, staunch Maier ally Stark County Democratic Party chairman Randy Gonzalez (may The Report say it) "whined" about George's legal hassles in a letter addressed to the Stark County commissioners thusly:

In closing, I would like to point out that 13 legal and administrative actions have been undertaken regarding the position of the Stark County Sheriff, none of them brought forth by Sheriff George Maier. He has taken each of these head on while continuing to make the safety of the citizens of Stark County his top priority. He deserves, no he has earned the opportunity to face the voters, and the Stark citizens deserve this final legal challenge to be fair, where both sides have legal counsel vigorously representing their client's case.

In the letter (which the SCPR publishes in full at the end of this blog), Gonzalez  wherein he is pushing for the commissioners to appoint Don McTigue (a Columbus attorney unnamed in the letter) to be hired by the commissioners (at $8,000 [also not specifically pointed out in the letter])

But the commissioners (Creighton and Regula) refused on March 13th to join Commissioner Bernabei in his desire to go along with the Dems' McTigue request.

In a March 14th e-mail to the commissioners (see the full text of the e-mail at the end of this blog), Gonzalez does what he does best, he bellyaches about how unfair he thought it was that the commissioners would not take $8,000 of Stark County taxpayer money to hire Don McTigue to advocate for the Stark County Democratic Party BOE position.

He even accuses Commissioners Janet Creighton and Richard Regula of voting on a partisan basis.

Hmm?

The Report's recollection is that Commissioners Creighton and Regula both said that they were not going to put $8,000 more of taxpayer money in the the legal contests on whether or not George T. Maier is qualified to be sheriff.

Back in March of 2013, the commissioners did authorize and, eventually, actually paid $20,000 to Thomas L. Rosenberg of Roetzel & Andress (Columbus Branch) to represent Maier in his losing effort in Swanson's February 12, 2013 filed quo warranto which resulted in Maier's ouster as sheriff on November 6th.

Craig Conley went to great pains to examine the billings that Rosenberg made against the $20,000 set aside and raised questions as to why the commissioners paid quite of number of the line items on the billings.

It is pretty obvious that the commissioners did not do their "due diligence" in making sure that the line items on the billings were ones that Stark County taxpayers ought to be footing the bill for.

To the SCPR, such is out-of-character for the commissioners.

It could be that they decided they were going to pay $20,000 for whatever and that would be it.  However, they are dealing with taxpayer money and are not entitled to adopt such an attitude.

Rosenberg did ask for more money but was refused by the commissioners.

Apparently, Gonzalez did not hear what the commissioners Creighton and Regula said (i.e. it is a money thing) in refusing the Democrat BOE members on McTigue being hired on the Balas-Bratton Writ of Prohibition case.

Could it be that Chairman Gonzalez cannot get his facts straight?

He may believe the Creighton/Regula votes were a political partisanship thing.

But Creighton and Regula did not say or otherwise indicate that their "no" on hiring McTigue vote was because they are Republicans and George T. Maier is a Democrat.

While The Report is on the "fact" thing which is what Gonzalez whines about when someone like the SCPR sees things differently than he does, let's look at another thing in the e-mail that The Report does not think Gonzalez got right is his statement:

Billy Sherer, Jr. (the replacement for St. John whose term expired on February 28, 2013) was present. 

Maybe the SCPR missed something, but when did Billy Sherer, Jr ask to address the commissioners at the meeting in question?

And why would Sherer be brought in as the spokesman for the Stark Dems BOE members anyway?  St. John and Sam Ferruccio, Jr were the two who voted on the Democrat position on February 21st.

But to repeat.  Had Billy Sherer stood up in the meeting of the 13th and started speaking, the SCPR has no doubt that he would have been allowed to proceed.

At the end of the meeting as he was walking out, George Maier did speak.  He objected to Prosecutor Deborah Dawson being part of the executive session.

Nobody tried to cut him off.

The SCPR has enough experience with the current commissioners to be satisfied that Gonzalez's assertion is total nonsense.

As readers of the SCPR know, The Report attends nearly every Stark County commissioners meeting and never has The Report witnessed these commissioners ever, ever refusing to hear someone who wants to address them.

Absolutely, never!

And there is no three or five minute rule that many Stark County subdivision governments impose on their citizens.

They are generous to a fault in letting citizens vent themselves.

The Report does think that "Mr. Stickler for the Facts Gonzalez" has plenty of problems with facts himself and ought to address his shortcomings when his version of the facts do not square up with the public record.

The Report thinks Gonzalez is pretty much the clone of one William J. Healy, II (mayor of Canton) who is constantly spinning things the way he sees them and parlays them as being "the official facts" and, of course, abides no other take on what others think the facts are.

The SCPR suspects that Gonzalez has fed The Report a line on a number of occasions.

Given his bent to whine and bellyache, it could be that Gonzalez will go ballistic when he learns that his words "the Stark citizens deserve this final legal challenge to be fair' may be a bit premature.

The SCPR would be surprised if the Balas-Bratton Writ of Prohibition is the last litigation George T. Maier has to deal with.

Here are the Gonazlez communications in their entirety.

First, the letter:

3/11/2014

Dear Honorable Commissioner's, [sic]

I am writhing in regards to the question of appointment of legal counsel for the Stark County Board of Elections due to a conflict of interest held by the Stark County Prosecutor. There is a 3-2 decision denying the claim that Sheriff Maier is not qualified to be placed on the May primary ballot. As of now he will be on the ballot.

I'm confident you are all familiar with the history behind the case, so i will not waste your time reiterating specific details. The fact is we do have a decision to place Sheriff George Maier on the 2014 Primary Ballot and it is being challenged. The members of the Board of Elections need to stand behind that decision. The seriousness of the ramifications associated with this legal challenge and outcome will reverberate throughout our community for many years.

The Secretary of State's ruling affirmed the democratic right of allowing the people to choose who their next sheriff should be. I think we can all agree this is one of the most important and treasured privileges of our democracy. When choosing the council for the Board of Elections in this matter I hope you will consider the following factors.

This is not a neutral issue, the ruling was pro Maier and therefore an attorney with the most well versed background of the pertinent arguments for the Maier side of the case would be the most resourceful. This knowledge may also prove to be the most economical in the long run as this saga continues to unfold.

I strongly urge you to consider asking the Board of Elections, the true client in this case, for their recommendation. Any referral from the Prosecutor's office or retaining any attorney who has in the past, or Is employed by John Ferrero presents a severe conflict of interest. The last thing we need with over a year invested into this issue is any semblance of another conflict of interest, or any reason for further litigation.

In closing, I would like to point out that 13 legal and administrative actions have been undertaken regarding the position of the Stark County Sheriff, none of them brought forth by Sheriff George Maier. He has taken each of these head on while continuing to make the safety of the citizens of Stark County his top priority. He deserves, no he has earned the opportunity to face the voters, and the Stark SS citizens deserve this final legal challenge to be fair, where both sides have legal counsel vigorously representing their client's case.

Thank You for Your Consideration
Randy Gonzalez, Chairman

Second, the e-mail:

Thomas Bernabei

From:    Randy Gonzalez ...
To:    Janet Creighton ...Date:    3/14/20146:3:$ AM
CC:    ... 

After reading the Repository the facts there are not correct. Attorney McTigue was not at any meeting in reference to the Sheriff he he [sic] was asked to review the Sheriffs [sic] qualification and wrote a letter before he was appointed the second time. Others who reviewed Sheriff Mailers [sic] qualification were attorneys Schulman, Warren Price, Mike Thompson, and Steve Okey and all of them were present to answer question of the DCC at the second election of the Sheriff. The Sheriff also had his own legal counsel and later Attorney Ferruccio did an in depth review and also confirmed the qualification. Only after extensive review did Sheriff Maier apply [sic as to sentence structure] he certainly did not want what has taken place nor did I. The rule of law has been followed he is the Sheriff, [sic as to sentence structure] he is on the ballot and he is qualified.

The idea that McTigue should not be part of mis because he participated in the past is also flawed. Do you mink the AG is going to say "hey let's find someone neural [sic], someone who's background on the case is from the other side of the argument or better yet someone who doesn't even believe in his client is ruling.  [sic as to sentence structure] Hell no, he is going to find the person who can best support and believe in Mr Husted's ruling. Like it or not their  is a 3-2 ruling and as a Board I'm sure you understand that.

The majority of what has taken place in opposition to his qualification have come directly from the Prosecutor and his staff members one being a former Sheriff employee. [sic as to sentence structure]  Now Stark County has a longtime former assistaj it Prosecutor representing the BOE because he was free? There could have been a 3 or 4 to choose from that also could have been free if the BOE members would have signed off. That was not discussed publicly or any conversation from the client here, the BOE. There was a BOE member present at your meeting who also was not given the opportunity to speak.

Lastly we are all sick of tax dollars being spent. The Sheriff enough that he was willing to put his money where his mouth is. When I was asked to get the Democrats to endorse the sales tax we did, [sic as to sentence structure] help on the campaign we did we did, [sic] and in fact Kody did a great deal at no charge and when we appointed a Republican to a County office we did because the voters put him there. Now in return we get strict party line votes from the Board of Commissioners and the BOE. This decision was not fair, nor justified or properly publicly discussed. And by the way Commissioner Creighton [sic as to sentence structure] was the only one who acknowledged the letter l emailed you [sic as to sentence structure] did the others get it?

IS MASSILLON ABOUT TO PAY TWICE FOR AN "EXTRA" SERGEANT'S POSITION IN THE MASSILLON POLICE DEPARTMENT?

MASSILLON LOSES COURT CASE
ON
PROMOTION TO SERGEANT CONTROVERSY

=====================================

CATAZARO-PERRY & HER ADVISERS

HAVE MADE A REAL MESS OF

MASSILLON FINANCES?

=============================

STATE OF OHIO AUDITOR

SAYS

MASSILLON CAN SAVE

$628,600 ANNUALLY!

UPDATE:  5:45 PM

Here is a follow up e-mail from Massillon Councilman Milan Chovan on the situation of Michael Maier.

From:  Milan Chovan   (Wednesday, April 2, 2014 at 5:25 PM)

To:  Martin Olson

Hi, Martin. 

I read the update to your blog that was made after my voicemail this morning.  I'd like to explain further to clear up a few things that I might not have made clear in the voicemail.

First of all, the city ordinance regarding staffing levels sets the number of sergeants at 6, not 7.  Rogers would have been number 7 without the retirement of an existing sergeant.  In that case, it would appear that Maier would have had to have been demoted, according to the city's Codified Ordinances. 

Earlier today, I found out that there might be another issue regarding Maier. As I understand it, if two officers pass the sergeant's test as did Maier and Rogers, the results are good for one year.  So, if the more senior sergeant candidate that passed the test is promoted, then another sergeant opening occurs within one year from the test date,  the junior officer could be promoted without retaking the test. I was informed today that, if Rogers would have been promoted when Maier was, well over a year ago, Maier's previous test results would now be expired.  The contention is that Maier should not have been made a sergeant  when he was and, therefore, does not have a valid test result to allow him to be a sergeant now, even though there would only be 6 sergeants on the department.  

In effect, right now, there should only be 5 sergeants with Rogers as one of them and an opening for a 6th sergeant that should be filled after a new test is administered to any officer qualified to take it.  If another officer with more seniority than Maier passes the test, he would be promoted before Maier.  At least that's what I was told. Confusing isn't it?

Thanks for the follow up Milan. 

It is confusing and that's why I wanted SCPR readers to hear from you in your capacity as chairman of Massillon City Council's Police and Fire Committee.

UPDATE:  9:15 AM

Republican Councilman-at-Large Milan Chovan (chairman of Massillon City Council's Police & Fire Committee) this morning in response to a SCPR inquiry as to whether or not Massillon's Fifth District Court of Appeals loss on the Rogers case is likely to result in Michael Maier being demoted said that he does not think so.

He explained that Massillon very recently had its full ordinance authorized seven sergeants on staff and that until the very recent retirement of one of the sergeants, a promotion of Thomas Rogers to sergeant would have put Massillon over the seven sergeant authorization.  Accordingly, it appears that Maier will be remaining a sergeant.

Chovan did say that the matter of retroactive pay to Rogers at the grade of sergeant is something else and he believes that it is an issue that Massillon government will have to deal with.

ORIGINAL BLOG

The Stark County Political Report thinks that if you had asked Johnnie A. Maier, Jr (executive vice chair of the Stark County Democratic Party) in January, 2013 if the family fortunes were flying high in terms of being dominant factors in Stark County police work (also Ohio:  2007 - 2011, George T. Maier, assistant director/director [for a few days] of the Department of Public Safety),  he most likely would have had ONE BIG SMILE on his face.

The Report's take on this former chairman of the Stark Dems is that he is a firm believer that "might makes right" and he has what it takes to play the political bully to take himself and his political allies to the apex of Stark County politics and government.

Maier, Jr learned power politics from one of Ohio's all time masters.

But these days, Johnnie might have a more sober look on his face.

Yesterday, the Fifth District Court of Appeals (5DCOA) came down with a decision which might result in his nephew Massillon policeman Michael Maier (George's son) losing his rank of sergeant in the Massillon Police Department (MPD).

Here's how Rogers attorney (Conley) put the significance of the 5DCOA ruling:

Yesterday, the Fifth District Court of Appeals issued its Opinion in the above-referenced cause affirming the Trial Court's (Judge Haas) reversal of the City of Massillon Civil Service Commission's decision denying Massillon Police Officer Rogers' promotion to Sergeant.

Accordingly, barring an unlikely successful appeal to' the Ohio Supreme Court, the City of Massillon is now obliged to retroactively promote Officer Rogers to Sergeant and to pay him back wages and fringe benefits therefor.

Ironically enough, the Massillon Police Officer unlawfully appointed sergeant in Officer Rogers' stead was George T. Maier's son, Michael Maier, noting that the younger Maier's promotion was effectuated while his father was the Massillon Safety Service Director.

To get a full appreciation of the full background on this story, readers of this SCPR blog should click on this LINK to access a blog published by The Report on April 29, 2013 providing quite a bit of background own how Micheal came to be promoted sergeant at the MPD by Mayor Kathy Catazaro-Perry over one Thomas Rogers even though the Stark Court of Common Pleas (Judge John Haas) and now the 5DCOA has found "as a matter of law" that Rogers has more seniority than Maier.

Originally the Massillon Civil Service Commission disregarded Rogers seniority factor (3 to 0) in coming to a decision as to recommend to Mayor Catazaro-Perry whom to promote.

And the SCPR believes that the commission was not politically motivated but was merely misinformed as to what the operative law was at the time of its determination.

How did that happen?

Well, that is a good question which the SCPR does not have an answer for.

Perhaps it is that there is something in the water in certain parts of Massillon?

But the disconnect between the law as it is - and how the Maiers and others think it is - seems to be common phenomenon at play when it comes to Michael and father George qualifying for public policing positions.

The erroneous Massillon Civil Service Commissioner interpretation of the law (at least at the Stark Common Pleas and 5DCOA levels) was rendered on November 27, 2012.

A couple months or so later, Michael's father George, after guaranteeing Stark Countians that if he applied to succeed November, 2012 Sheriff-elect Mike McDonald (who, due to illness, could not take office on January 7, 2013) he would be qualified, was proved to be wrong (after being appointed sheriff on February 5, 2013 by the Stark County Democratic Party Central Committee) when on November 6, 2013 the Ohio Supreme Court (Swanson v. Maier, quo warranto) said he failed to meet the criteria of Ohio Revised Code Section 311.01(B)(8)(a) or (b).

Now George is under challenge once again in the Ohio Supreme Court as to whether or not he is qualified to be the Stark County Democratic Party's candidate for sheriff in the upcoming May 6, 2014 primary election.  (Balas-Bratton v. Maier, Writ of Prohibition, filed March 11, 2014)

The main point of this blog is to examine the financial implications to Massillon City finances in what appears to the SCPR to have been too hasty of a decision on the part of Mayor Catazaro-Perry to exercising her executive power to do so in promoting Michael to sergeant given the legal challenge that was surely to follow.

Presumably readers know about the dire financial condition that the city of Massillon is in these days.

Even before she took office as mayor (elected in November, 2011), Catazaro-Perry was trying to get the State of Ohio Auditor's (SOA) office to making an official finding that Massillon was in some sort of financial condition.

But the SOA rejected her overture.

If Catazaro-Perry has anything going for her, it is her doggedness.  And that could come from her political protege and sponsor Johnnie A. Maier, Jr.

Finally, she did persuade the SOA in 2013 to declare Massillon to be in fiscal emergency.  On May 13, 2013 she wrote SOA David Yost and on October 8th, he accommodated her.

Ironically, yesterday the SOA came out with the requested audit and here is its recommendation "savings" list:

Hmm?

$628,600 in "Annual Cost Savings/Revenue Enhancements."

Interestingly enough, the mayor is reported be saying that Massillon may not implement all the SOA's recommendations.

Hmm?

Who asked for the audit?

Of course, even if Massillon were to implement all the SOA recommendations, the savings will have to be reduced by the amount of money the Catazaro-Perry administration will likely have to pay Thomas Rogers.

And it has been one big merry-go-round and she (as the SCPR sees it) has chosen to lock horns with Massillon City Council over coming up with a plan to present to the Massillon Financial Planning Commission (set up as part of the SOA declaring Massillon to be in fiscal emergency) for its approval.

The Report hears that the mayor convinced her fellows on the commission to disapprove council's plan submitted to the commission recently.

Which in light of the recommendations of the SOA yesterday and the "miraculous" reduction in the deficit from $2.6 million to $1.1 million reported recently makes one wonder whether or not a declaration fiscal emergency was merited in the first place.

Nevertheless Catazaro-Perry and council are at loggerheads and who knows if, when and how the stand off will end.

The Report is told by a knowledgeable source that the State of Ohio member of the commission (having met with council at a work session on Monday night) may be changing her view of council's plan.

With all the financial hubbub going on, it cannot be good news that it is looking pretty certain (the 5DCOA decision is susceptible of being appealed to the Ohio Supreme Court) that Massillon will now have to promote Thomas Rogers to sergeant with retroactive pay and benefits.

In light of Massillon's financial problems, it will be interesting to see how much Massillon will be set back because of Catazaro-Perry's premature action on the sergeant promotion.

And, the SCPR is told, that it may be that Massillon's code of ordinances does not allow both Rogers and Maier to be sergeants.  (See UPDATE above).

If such proves to be the case, it appears that Mayor Kathy Catazaro-Perry (one would think under the advice of Maier, Jr [who is Massillon's clerk of courts] and his appendage and deputy clerk R. Shane Jackson) has made a real mess of things in Massillon.

While Johnnie, Jr and his political friends and allies may think that they can muscle their way through every situation; maybe, just maybe, political power has it limits.

If things have gotten worse for Johnnie, Jr and his political pals with the adverse 5DCOA decision - so what - might be the response. They only getting what they deserve.

And that may be.

But what should not be acceptable to the voters in Massillon and across Stark County (i.e. the sheriff thing) is for political power mongers to drag all of us into the consequences of losing the political power game.

There is yet a chance that the exercise of executive and political power may in the end prevail.

If they do or do not succeed, the play of ill-advised executive action and power politics will have markedly damaged Massillon (re:  its safety forces) and Stark County (the sheriff's situation) in terms of the public perception of the priorities of interests.

Which is prevailing, the public must be saying:  the public interest or somebody's personal interest?