HOW DID MASSILLON'S COUNCIL PRESIDENT (TOWNSEND) & WARD 4 COUNCLMAN (STINSON) END UP UP AS "PROTESTERS" WHEN THEY DID 'NOT' WANT TO BE?

UPDATED/REVISED 08:02 AM

TODAY:  OKEY ON "CENTER STAGE"

 IN YET ANOTHER 

POLITICAL BATTLE!

WILL THIS CASE GET HIM IN DIFFICULTY

 WITH 

OHIO DISCIPLINARY COUNSEL?

Monday's hearing on the protest of originally four (4) protesters protesting the certification by the Stark County Board of Elections (BOE, Board) as an "independent" candidate might turn out to a very bad day for Canton attorney Steve Okey.

Okey is "knee deep" in Stark County Democratic as:

• an executive committee member,
• a central committee member (from Alliance precinct 3D),
• president of the Alliance Area Democratic Club,
• as the Stark Dems Central Committee (Alliance sector) appointee as Alliance City Council president,
• as one of several legal counsel for the Stark County Democratic Party (Party) in a Writ of Prohibition named the Party as a defendant in the George T. Maier quest to become the appointee (Feburary, 2013) of the Stark Dems as Stark County sheriff,

Who knows, the above-listing - as extensive as it is - might be just "the icing on the case" as to his involvement in highly partisan politics?

One of yours truly's favorite blog graphics on Okey is one done on a blog in which Okey takes over as the "appointed," by the Alliance Dems' obviously via some political arm twisting, president of Alliance City Council from which post he has created a couple nasty encounters with council Republicans which resulted in his being censured twice.

And there is the one he came into office as a "political" hurricane in the name of standing up Ohio's Sunshine law.

Is there more?

Of course!

The SCPR thinks that he deserves the title Mister Democrat for his patently Democratic politics he has brought into Alliance City Council.

So his "political" playground includes Stark Countywide (i.e. representing the Stark Dems in the Ohio Supreme Court Writ of Prohibition case, Alliance (see above) and now Massillon.

Let's pause a minute.

The Cicchinelli case is not Okey's first foray into the political quagmire that has plagued Massillon ever since Johnnie A. Maier, Jr. term limited out of the Ohio House of Representatives came home as clerk of courts to ply his politics in western Stark County a field which now includes all of Stark County.

Okey got into the fight over whether or not Sheriff George T. Maier's son and Johnnie A. Maier's nephew was merited under Ohio civil service standards to be appointed a sergeant over others.

Okey took up the charge by Mayor Kathy Catazaro-Perry on behalf of Dwan St. John that St. John was was racially and sexist discriminated against by Massillon City Council members who questioned the fiscal sustainability of St. John being employed by Massillon.

• SCPR Note:  At last count, as far as The Report knows, the Ohio Civil Rights Commission [OCRC] dismissed (or refused to "take up the matter," [a matter of semantics]) beyond scrutinizing the original complaint.  
• The Report does not know whether or not Okey/St. John are still pursuing the matter inasmuch as Okey failed to respond to in e-mail inquiry as to what his client's future plans were.

And, of course, Okey took of the representation of Deametrious St. John when Craig T. Conley (yes, the same Craig T. Conley who is vying with Okey in today's hearing) challenged in the Fifth District Court of Appeals St. John's right to sit in judgment of George T. Maier's certifiability as a candidate for Stark County sheriff in the election of November, 2014.

But the process by which he came to name Townsend and Stinson as being protesters may cause him a problem (one source tells the SCPR) with Ohio Disciplinary Counsel to say nothing of the embarrassment he must be feeling as he proceeds with only two protesters on Monday.

Oh! there is one other thing about his partisan political involvement.

The SCPR thinks he, perhaps, is the leading supporter of former Stark County Dems' chairman Johnnie A. Maier, Jr. who The Report tabs as being the head of the Maier Massillon Political Machine (MMPM).

The SCPR noted how anemic (as compared to Lee Plakas' filing on behalf of Tom Bernabei independent candidacy protesters) his listing of protester was when Okey filed a the Cicchinelli candidacy protest on June 6th.

It may be his close, close, close political association with Maier, Jr. that is at the heart of how he came to name claimed in their on words/actions (i.e the 7/10/2015 withdrawal) "unwilling" protesters in the initial petition with BOE.

Reading between the lines:

•  "'its not an issue,'" 
• "[f]ollow-calls to Townsend for clarification were not returned," 
• teamed up with it taking Okey until July 10th (over three weeks later) to remove Townsend from the protest 

indicates to the SCPR that there has been a whole lot of jawboning going on between - at the minimum - Townsend and Okey and the SCPR believes:

• Johnnie A. Maier, Jr, 
• R. Shane Jackson, and 
• perhaps even Mayor Kathy Catazaro-Perry, and 
• who knows, who else.

IF a Disciplinary Complaint is filed against Okey as it has been suggested there might be, we may someday know exactly what the conversation was and who was involved if the matter gets to the Ohio Supreme Court and sanctions administered because if complaints get to that stage the high court publishes a chapter and verse account as it did when the justices disciplined Massillon Municipal Court judge Eddie Elum several years back.

For Okey to be subjected to Disciplinary Counsel action would to the SCPR be somewhat amazing and highly ironic in that he, over the past year or so, has worked hard to convey the impression that he is super-sensitive to doing law things at the very highest level witness the blogs by The Report:

• Okey Challenges Alliance City Council to Vote in Accordance with Ohio's Sunshine law,
• Note:  He had brought a lawsuit against Alliance City Council which he dropped on becoming president of council,
• Okey Refuses to Sign Alliance City Council Legislation Because He Thinks it to be Unconstitutional,

Above anybody else in Stark County, the SCPR over past seven years plus, has stood foursquare for the "rule of law."

Even Okey tapped in on that well known SCPR devotion as evidenced in this e-mail of May 4, 2014:

Okey's effort on the Sunshine Law matter was the right thing to do (the "unconstitutional thing," however The Report thinks is open to debate), but the SCPR having been around the "political" block a time or two was not buying his "this is not a partisan matter" disclaimer in a follow up e-mail on the same day.

Apparently, Okey thinks the rest of us do not see his all-consuming (i.e. his seeming inability - to yours truly - to stand off - from individual political interests) involvement in partisan politics as being a basis for questioning the sincerity of his "objectively" acting on behalf of "the rule of law."

For now, we are left to conjecture about the nature and the extent of the discussions, unless, of course, Townsend decides to waive whatever attorney/client privilege that may exist between him and Okey (the privilege is for Townsend's confidentiality; not Okey's) and go public with either The Independent or the SCPR.

For The Report's part the SCPR "on camera and unedited" facilities are available to Townsend if he wants to tell all. Undoubedly, The Independent would be accommodating, too.

Readers have to set all this on the political background:

• that Kathy Catazaro-Perry would not be mayor of Massillon if it were not for falling into the "good 'political' graces" of Maier, Jr., (a former Stark Dems' chairman and still a high official in the Party) and his sidekick R. Shane Jackson who is the political director of the Part,
• that Tony Townsend would not be president of Massillon City Council if were not for falling into the "good political graces" of Maier, Jr. and Jackson,

Focusing on former Massillon Ward 4 Councilman Tony Townsend and incidentally on the mayor, the SCPR believes he would never have been elected council president in November, 2013 had Republican Al Hennon (a former highly respected Massillon City Schools superintendent) stayed in the race.

When it was too late for Republicans to replace him, Hennon withdrew from the race to become Massillon's service/safety director leaving Townsend to run unopposed.

Does anybody believe that Maier, Jr. and Jackson were not key factors in that development?

It may be that neither were, but what politically astute person would believe it?

And, of course, though the SCPR believes that in the de facto sense of Massillon government's executive operations, Maier, Jr. and Jackson are in charge; in the de jure (as a matter of law) sense they are not and so it did take the acquiescence of Catarzaro-Perry for the SCPR's speculated scenario to be realized.

Hennon only lasted a little over one year which indicates to The Report that he had outlived his usefulness to the Masillon politicos and therefore was dispensable especially in light of the likelihood that the former superintendent was not a sufficiently enough "yes" man to whatever Maier, Jr., and Jackson directly or through the mayor demanded of him.

The official report was that Hennon left for personal reasons.

And such may have factored in a la "Who needs this grief?"

But Al Hennon did not become a highly respect school official by sucking up to the likes of Maier, Jackson and Catazaro-Perry.

Now it appears to the SCPR that Townsend may be on "the political chopping block."

To The Report it seems he has given his political heart and soul to the Maier' Massillon Political Machine in his time on Massillon City Council.

However, his "going public" on June 16th with Grazier of The Independent coupled with his official withdrawal as a protester on July 10th might mean that the Maier, Jr. led MPM, like it appears to have happened with Hennon, has dropped him like the proverbial "hot potato" under a transit authority bus as it rumbled down Lincolnway this past Friday.

Or it could be that Townsend realized that these the MMPM support may becoming more and more of a liability in Massillon politics.

If Townsend initiated the separation, he did it "a day late and a dollar short" on when he should have done it.

Look for Townsend to lose big against "ironically" the now certified "independent" Claudette Ishnick (a former Massillon Ward 3 Republican who Catazaro-Perry defeated in November, 2003) in the November election.

Isn't interesting about how things run full circle in politics?

Another person who the SCPR thinks may be getting a "let's throw him under the bus" from the MMPM is current Ward 4 Councilman Shaddrick Stinson.

Now a lame-duck councilman, he is useless to the MMPM.

While he is not quoted publicly as saying he was not a willing participant in the original protest filed by Okey, The Report is told that there is political "buzz" to the effect that he was furious at being named a protester without his permission.

Like with Townsend, the thinking is that Okey probably was assured by the likes of Maier, Jr. and Jackson that it would be okay to name Stinson notwithstanding his reluctance because over time they (Maier, Jr. and Jackson) would "persuade" him to comply with their political will.

One of the smartest things that Stinson did in the 2013 council elections was for him to convince Frank Cicchinelli that he was not the captive of the MMPM.

That, the SCPR assesses, was the difference maker in his being elected as Ward 4 councilman.

One of the dumbest things that Stinson did in the two years he was on council after being elected in 2013 was not capitalize on Cicchinelli's belief he would demonstrate by his council votes and other activities that he was indeed not the captive of the MMPM.

Hence this result in the 2015 Democratic primary election.

Cicchinelli recently told the SCPR flat-out that he misjudged Stinson and thinks that Stinson was, though, at the time he was telling Cicchinelli otherwise, in reality "a card-carrying" (the SCPR's words, not Cicchinelli's)  MMPM guy.

Stinson got caught up in the "what to do with The Legends" controversy which is of course from the MMPM perspective "Frank Cicchinelli's baby" especially the added nine holes to the golf course which Cicchinelli himself now says was a mistake.

Catazaro-Perry was playing political "dodge-ball" with The Legends' area residents who vote in high numbers (see the above chart in the 2015 Stinson race) in Ward 4, the SCPR thinks.

The Report believes her "real" position is to get rid of The Legends.

But she pretends to be about finding a solution to the financial burden (i.e. the heavy debt interest servicing and principal repayment being paid by Massillon) to the golf course and club house complex.

Likely knowing her "real" position based on private conversations with her, Stinson found himself on "the horns of a dilemma, to wit:  "How to be a loyal MMPM foot soldier" while preserving his ability to get votes out of Precinct 4D.

Consequently, Stinson came to be perceived as not being in favor of finding a "suitable to Precinct D residents" formula for making The Legends become financially viable and therefore worth the city of Massillon keeping.

The Report thinks Stinson was getting bad (in the sense of impacting his political future) advice from Catazaro-Perry, Maier, Jr., R. Shane Jackson and perhaps Judge Elum on the issue.

If effect, to say it once again, The Report thinks some or all of the aforementioned persons threw Stinson under the political bus.

His loss this past May in the Ward 4 Democratic primary election was truly astounding.

A political newcomer (Jill Creamer, a Legends area resident) wiped him out overall though Stinson won most precincts.

The problem?

Precinct 4D is a locale in which the high percentage voting Legends residents are located.

As the chart above shows, he lost his seat on council because of the Precinct 4D vote.

The Report thinks that the high MMPM priority is salvaging the administration of Catazaro-Perry.

It appears that in the thinking of the MMPM leadership, the likes of Townsend and Stinson are politically expendable.

With their withdrawal after nearly a month of apparent haggling, it could be that Stinson and Townsend will gain credibility on not necessarily taking orders from Headquarters - MMPM.

Especially Stinson.

In SCPR discussions with other Massillon council members most, if not, they all seem to think well of him as a person.

The problem for Shaddrick has been a perception on the part of a likely a majority of councilpersons that he has been the captive of the MMPM.

Recently, Councilman Paul Manson told the SCPR that he likes Stinson as a councilperson in his most recent version.

And that may mean that if Stinson can hone "independent mindedness" even if remaining a Democrat, he may have a future in Massillon elective politics.

Politically engaged people need to wary of the likes of the MMPM.

Maier, Jr. and Jackson, the SCPR thinks, are probably the most ruthless politicos in all of Stark County.

Baseball is played with a hardball.

But baseball is a game.

Hardball politics affects peoples' day-in, day-out lives and often the body politic as in the case of George T. Maier (Johnnie's brother) becoming sheriff over Larry Dordea whom the SCPR sees as a person of significantly higher character qualities and certainly adequate policing credentials.

Maier, Jr., Jackson et al do what political people do whether part of the organized Democrat or Republican political parties.

While understandable from their selfish interests standpoint, such is not likely to be productive for the public good and accordingly not good for the public's confidence in the integrity of our democratic-republican system of government.

All too many of them take care of the party apparatus first and foremost because the political structure is the mask which obscures their personal interest in doing this thing or another and getting UNwitting people to donate money, to do things like door-to-door campaigning and argue the "official-party-line" et cetera in furtherance of their collective personal interests.

And they don't much like the likes of The Stark County Political Report which does a lot of de-masking.

Having said the immediate foregoing, let yours truly say that high quality political party structures are essential to the effective functioning of our democratic-republican system of government.

Oh yes! there are always going to be those who use the party structures in furtherance of their personal political agendas as The Report thinks the MMPM does.

But there are a number of first rate politically involved people who do demonstrate an "independent" streak even within the context being part of a partisan political party apparatus.

One such person to The Report has been - before he became an "independent" - Stark County Commissioner Thomas Bernabei.

Republican Commissioner Janet Creighton is another such person as is Democrat Canton City Councilman (Ward 9) Frank Morris, III.

The hope is that Stinson is on his way to following their example and thereby jettisoning the perceived lock-step personal political loyalty relationship he is deemed by some to have with the MMPM operatives.

For Townsend, The Report thinks it is too late.

It is hard for the SCPR to see Massillonians ever again taking him to be his own person in government and politics.

Given the dynamics of how Okey has handled the filings in the protest of Cicchinelli's "independent" candidacy, the hearing itself is likely to produce fireworks.

And the SCPR will be there - notwithstanding the obstacles put in place by Director Matthews and BOE members Braden, Cline, Ferruccio and Sherer - protecting the Stark County (in the words of Okey):

"public's right to know the "complete" story of what goes on."

Thanks for the compliment, Steve!

VOLUME 3 - THE STARK BOE "PROTEST" HEARINGS

WILL THE CICCHINELLI CERTIFICATION 

AS AN "INDEPENDENT" DECISION 

BE ANY LESS POLITICAL 

THAN IN BERNABEI?

The Stark County Political Report believes as between the two Stark County Board of Elections (BOE, Board) protests (i.e. Bernabei and Cicchinelli), former Massillon mayor Frank Cicchinelli has a significantly stronger legal case for certification as an "independent" candidate (hearing:  Monday, July 13th at BOE, 3525 Regent Ave NE, Canton starting at 9:00 a.m.) for mayor of Massillon than does Stark County Commissioner Thomas M. Bernabei in his quest to be an "independent" candidate to run for mayor of Canton come this November.

Last Monday the Stark County Board of Elections (BOE, Board) stalemated at 2 to 2 on whether or not Bernabei will be certified.  In a couple of weeks or so Republican Secretary of State Jon Husted (SOS) will break the tie and then it is highly likely that it will be onto the Ohio Supreme Court - no matter who prevails at the BOE/SOS level.

However, The Report thinks that the law of Ohio has very little if anything to do with how Ohio Boards of Elections and for sure the Stark County Board of Elections decide controversial, highly politically-charged contests on "independent" candidate certification.

Accordingly, not withstanding his strong legal position, do not be surprised if Cicchinelli gets skunked 4 to 0 come Monday's protest hearing.

Around the time that Cicchinelli started talking about running as an "independent:"

• hold your noses closed tightly folks as the SCPR is including a LINK to the Massillon Review (MR) blog,
• the MR's anonymous blog author(s), the cowards they are,
• who The Report believes to be Stark County Democratic Party political director R. Shane Jackson and/or Stark Dems Executive Committee official - at least in the de facto sense of the word official (and a former chairman) Johnnie A. Maier, Jr.,
• have been writing nearly non-stop since April 30th bashing Cicchinelli for his move out of the Democratic Party

The SCPR sees the MR as a shill blog for the Kathy Catazaro-Perry administration whom The Report has long thought to be a puppet of Maier, Jr. allowing him and Jackson to be the de facto mayors of Massillon.

Recently, of course, the SCPR has been hanging out at the Stark County Board of Elections.

To show what yours truly thinks is an example of the utter historical politicization of the guardian of the sanctity of Stark County elections and candidate qualification, The Report notes that hanging on the wall at the Stark County Board of Elections is a photo including the likeness of Maier, Jr.

In the opinion of The Report, nobody in Stark County political subdivision government and politics personifies personal political interest as his overriding factor of public persona than Johnnie A. Maier, Jr.

One of his stock answers when asked to do this thing or that thing is:  "Now why would I do that?"

A clear indication, The Report thinks, that to the degree he has wheels turning, they calculate the personal political advantage to himself and his political followers.

Though he is no longer a member of the BOE, his shadow lingers over the Democrat members of the Board.

Who believes that Dem members Ferruccio, Jr. and Sherer, II make any decision whatsoever without consulting with Maier, Jr.

As far as Sherer, II is concerned, there is a touch of irony involved with his apparent beholdence to Maier, Jr.

For The Report can still recall vividly Maier, Jr. engineering his father's "I don't want to go" departure from the BOE after some 13 years as what thought to be at the time "labor's seat" on the BOE as a political payoff for organized labor's perceived "in political lock-step" relationship with Democratic candidates.

It was a move that yours truly, as Democrat Executive Committee member at the time, voted against.

With Sherer, II's recent appointment, we have come full cycle.

Sherer, Sr., to compound the irony, was replaced by whom?

Sam Ferruccio, Jr, that is whom!

The Maier spin was that the at-the-time Secretary of State Jennifer Brunner was telling Democratic officials of local Boards of Elections to have a lawyer among their appointees.

The Report thinks Maier had it right.  But that didn't keep Brunner from "throwing him under the bus" with a denial she had said what Maier attributed to her.

It is always nice when folks like Maier, Jr. get "hoisted by their own petard" (i.e. throwing fellow politicos 'under he bus' when the situation demands it).

Undoubtedly, Maier wasn't phased in the slightest at being thrown under the bus by Brunner.  For he understands that such is life in the world of political infighting.  All one does in the jungle of Democratic and Republican politics is "to live to fight on another day."

Maier, Jr. is quite accomplished at that.

If Cicchinelli makes it to the ballot, the SCPR figures he likely wins a three way race, but an all out effort by Massillon office holding Republicans could allow Republican Lee Brunckhart to slip into office through the backdoor.

The Report does not think such an outcome is likely, but it is a possibility.

To repeat The Report's point about how the shadow of Maier, Jr. lingers over Ferruccio and Sherer, II and evidenced by and keeping the Massillon Review focus in mind (the figures that it is the mouthpiece for the Maier Massillon Political Machine); does anybody believe that Dem BOE members would dare be open minded about Cicchinelli meeting "the good faith test" required for a successful disaffiliation from a political party?

In the Bernabei matter, the SCPR was completely unimpressed with lawyers Ferruccio and Cline (one of two Republican members) in being lawyer-like in discharging their quasi-judicial function as BOE members.

It drew a muted laugh among a number of observers on July 6th, when Member Cline reappeared after a 15 minute break after the conclusion of taking in testimonial and documentary evidence with what appeared to be several pages of printed material from which he read as he gave his supposed legal analysis for his vote to certify Bernabei as being qualified to run as an independent.

In Cicchinelli, Republican members are sort of in a political twilight zone as to what to do.

In Bernabei, they certainly seemed to have their marching orders and their vote to certify him appears to have been in compliance therewith.

But Cicchinelli presents a dilemma to them.

If one or both vote of them vote to deny Cicchinelli certification and the denial sticks through sure to come litigation, then the much disliked by Massillon organization Republican Catazaro-Perry breezes to a win in November against the Republican candidate; notwithstanding her close call in the May Democratic primary election.

Undoubtedly, the protesters attorney; namely Steve Okey, if the BOE vote is 4 to 0, 3 to 1 not to certify, will push his chest out like he's the Stark County legal expert on Boards of Elections cases.

For the SCPR's money, Okey can't hold a candle to what Lee Plakas did for his clients (the Ohio Democratic Party, the individual protesters, and the ghost of William J. Healy, Il) in gaining a 2 to 2 tie in the July 6 BOE hearing, but the political dynamics are as different as night and day.

If - on the other hand - the two Republicans hold rank and vote to certify Cicchinelli, then The Report sees Secretary of State Jon Husted affirming the Republicans in breaking a tie vote.

In Massillon, thanks to a Republican Party led by the likes of Councilwoman Nancy Halter, Councilmen Ed Lewis, IV and Milan Chovan, there is a viable candidate in Republican Lee Brunckhart in the right political environment.

In this scenario, Massillon Republican officeholders close rank behind Brunckhart and he ekes out a narrow "through the backdoor" victory while Catazaro-Perry and Cicchinelli engage in political bloodletting.

As readers of the SCPR know, yours truly detests the Ohio Board of Elections structure.  It is totally out-of-step with our democratic-republican form of government and only exists to enable "organized" Republicans and Democrats to use an institution of Ohio government support by the taxpaying public for the benefit of political parties and the personal political interests of those who control the respective parties.

An intriguing side of Craig T. Conley being Frank Cicchinelli's attorney is that he tellsThe Report that if his client is not certified at the BOE level, he plans to challenge the constitutionality of the underlying BOE "protest procedures" statute.

He says the statute is unconstitutionally vague terms of being said by courts applying it to require "good faith" (whatever that is) and needs to be thrown out.

If the courts agree with Conley and throw the statute (ORC 3513.257) out, then the Ohio General Assembly would have to visit the issue and perhaps even take a look at the archaic, out-of-touch-with-the-times (i.e. more and more voters are turning non-partisan)  partisan politics driven current BOE structure and do an overhaul.

The Report wishes Conley/Cicchinelli well on Monday.

But it sure would be nice to have a constitutional challenge to the terrible, terrible Ohio Board of Elections structure which results in it being dismantled.

And that would take a court challenge.

We should all wish that the challenge takes place and the pre-eminent role political party interests prevailing over the public interest comes to an abrupt end.

Perhaps those protesting (and their background supporters) will ironically achieve an end counterproductive to their selfish political objectives that they did not envision at the beginning.

Let's hope!

VOL 2. BERNABEI PROTEST HEARING: "THE WITNESSES"

UPDATED:  2:00 PM

ALSO

STARK BOE 

RETALIATES AGAINST SCPR?

VIDEOS

STARK BOE DEP. DIR.
JEANETTE MULLANE

JUDGE FRANK FORCHIONE

STARK CO. COMMISSIONER
JANET CREIGHTON

FMR STARK CO. ADMINISTRATOR
MIKE HANKE

FMR STARK CO. JUDGE
RICHARD REINBOLD

STARK DEMS CHAIRMAN
PHIL GIAVASIS

FMR STARK DEMS' CHAIR
RANDY GONZAZLEZ

PROTESTER
CANTON COUNCILMAN
THOMAS WEST

PROTESTER
CANTON COUNCILWOMAN
CHRIS SMITH

PLAKAS LAW ASSOCIATE
PROTESTER
CANTON COUNCILMAN
EDMOND MACK

This blog is the third in a continuing series on the approximately 9 hour hearing that occurred on Monday at the Stark County Board of Elections (BOE, Board) as Stark County Commissioner Thomas M. Bernabei pressed his case to be certified by Board as an "independent" candidate for mayor of Canton versus two term incumbent Democrat William J. Healy, II.

Here are links to prior blogs:

• First blog in this series,
• Second blog in this series,

Today, The Stark County Political Report publishes the remainder of the video taken by yours truly.

The cast of characters appearing include:

• Deputy Director of the Stark BOE Jeanette Mullane as to conversations/actions vis-a-vis Bernabei regarding the mechanics of extricating himself from his formal association with the Stark County Democratic Party,
• Note:  Mullane's work was done on a weekend, mind you (the BOE not being open for business for the general public),
• One has to wonder whether or not Mullane's standing within the Stark County Democratic Party has been damaged given her assistance to Bernabei above and beyond her normal working hours at the BOE,
• Lee Plakas refers to her political vulnerability in his examination of her,
• Former Stark County Court of Common Pleas judge Richard Reinbold as to conversations he had with Bernabei about whether or not to run as an "independent,"
• Revealed that he was the negative of Bernabei's friends as to his running as an "independent" in that Bernabei "does have another life" and counseled that there would be costly personal consequences which indicated to him that Bernabei's decision to pursue independent status was made "in good faith,"
• Observed that Canton is a "one-party-city" in that the Republicans are not fielding a candidate for mayor nor for any of the the 12 city council seats in the November, 2015 election and that such was likely a significant factor in Bernabei's decision,
• Notes:  
• signed Bernabei's "independent" candidacy and his wife, Stark County Clerk of Courts Nancy Reinbold (retiring as of July 31st), circulated a petition for the candidate,
• Reinbold vied in a losing effort with Bernabei to become Canton law director when W. Scott Gwin resigned to become a judge,
• Fellow Stark County Commissioner Janet Creighton as to her discussion with Bernabei about his "independent" candidacy,
• Note:  Creighton describes herself:
• as a cheerleader for Bernabei's run as an "independent,"
• as a "proud" circulator of his petition to run as an "independent,"
• as a "proud" Republican,
• Stark County Court of Common Pleas Court Frank Forchione who describes himself as a political confidant of Bernbei's on the issue of whether or not he should run as an "independent,"
• Note:  One Stark County attorney tells the SCPR that it was unethical for Forchione to involve himself in the Bernabei political decision making to the point of being willing to testify on behalf of Bernabei,
• Forchione points out that:
• he is testifying under subpoena,
• he is not testifying as a judge,
• Former Stark County Administrator Mike Hanke (also a former Repository executive) who testified:
• That Bernabei and Canton Mayor William J. Healy, II 
• who will be Bernabei's opponent in the November general election if Bernabei is certified to run as an "independent," and
• who fired Bernabei as Canton service director/chief-of-staff in January, 2009 after one year in the position,
• Bernabei and Healy had a businesslike, professional relationship notwithstanding the firing
• Note:  Hanke has agreed to be Bernabei's campaign treasurer should his candidacy continue,
• Stark County Democratic Party chairman Phil Giavasis (also, Canton Municipal Court clerk of courts)

THE TESTIMONY

JEANETTE MULLANE
DEP DIR OF STARK BOE




FRANK FORCHIONE
JUDGE - STARK CO CT OF COMMON PLEAS




JANET WEIR CREIGHTON
REPUBLICAN STARK CO. COMMISSIONER



MIKE HANKE
FORMER STARK CO. ADMINISTRATOR
REPOSITORY EXECUTIVE EDITOR



RICHARD REINBOLD
FORMER JUDGE
STARK CO. COURT OF COMMON PLEAS 



PHIL GIAVASIS
STARK DEMS' CHAIRMAN



RANDY GONZALEZ
FORMER STARK CO. DEMS CHAIR



THOMAS WEST
PROTESTER
CANTON COUNCILMAN WARD 2



CHRIS SMITH
PROTESTER
CANTON COUNCILWOMAN WARD 4



EDMOND MACK
PROTESTER
PLAKAS LAW ASSOCIATE
CANTON COUNCILMAN WARD 8


 
ON THE FREEDOM OF THE PRESS ISSUE

In Monday's blog, the SCPR excoriated the Stark County Board of Election board members for relegating the media to the very back of the room for Monday's hearing thereby hampering significantly the media's ability to hear, view and understand what was transpiring in the hearing so as to transmit same to the Stark County public.

Yesterday, at the Stark County commissioners' meeting The Report was greeted with this view upon entering the commissioners' meeting room.

Of course, this was done in good humor.

Moreover, the SCPR takes it as fitting ridicule (from my perspective) of the BOE itself and chief administrator, director, and chairman of the Stark County Republican Party Jeff Matthews.

The Report learned that Matthews was telephoning members of the mainstream media in response to complaints about the obvious "stifle the media" environment at Monday's meeting to say that the confined area really did not apply to reporters but only to those members of the media who do photographing and videotaping under the pretext that "they move around too much."

Member Cline was very rude on Monday in interrupting an in process SCPR interview of Attorney Vasvari immediately following the BOE's decision.

No "I've got to be somewhere soon, may I interrupt."  No apologies for having forced himself in.  Lots of class, no?

Its like he thinks he's entitled to be a boor.

An interview that took all of 1:14 and William Cline couldn't do the courteous thing and wait?  Actually, divide that in half because Cline interrupted about midway in the interview.

The SCPR has never been and will never be so rude.

The Report takes the greatest care in being unobtrusive.

Just ask the Stark County commissioners and member of the various city councils which dot Stark County which The Report covers.

The SCPR thinks, given the long time adversarial relationship between yours truly (e.g. The Report challenged in 2010 the BOE prohibiting of the SCPR videotaping BOE meetings, the inefficiency of providing public records, et cetera, until, yours truly thinks Secretary of State Husted or his office intervened) and the BOE, Monday's action was directed at The Stark County Political Report.

Moreover, The Report has written critical blogs on various board members (e.g. Braden fails to get government discount for the benefit of Stark County taxpayers when he traveled to Columbus on BOE business) and Matthews himself as Stark GOP chairman and how he administers the BOE.

One of the reasons that Bernabei sought out "independent" status is because of Matthews' abandonment of cultivating "a loyal opposition" in Canton elective government.

It seems to yours truly that Matthews with some, perhaps all the BOE members, in doing their best to hamper in singling out the SCPR in exercise of the First Amendment to the U.S. Constitution of Freedom of the Press.

Why did the framers of the Constitution include Freedom of the Press?

Of course, this right was designed to make it clear to the likes of Director Matthews and the BOE members that they are not to be trusted and that the Fourth Estate is essential for a thriving democratic-republic in terms of holding public officials accountable and letting the public know what public officials are up to.

Matthews and the BOE members are only accountable to their hand picked friends in both the "organized" Stark County Democratic and Republican political parties.

Ohio Boards of Elections in the view of The Report are the most undemocratic, the most unrepublican institutions of government in the entire state.

In Stark County the institution with its attempt to interfere with the free flow of information to the Stark County public is egregiously undemocratic and unrepublican.

This, Mr. and Mrs. Stark County Taxpayer, is what our county sales/property tax dollars are, in part, supporting.

Everyday Stark Countians should be concerned that men charged with integrity of our elections do not seem to be above retribution when critiqued.

Who in Stark County thinks they are capable of  discharging their statutory quasi-judicial duty of dispensing fair and impartial determinations of election law in the context of protests like the Bernabei one and the Cicchinelli one?

The Report vows to continue to the fight against what seems very clear to yours truly the use of public office power financed by all of us to attempt to knuckle under the likes of The Stark County Political Report.

VOL 1. BERNABEI PROTEST HEARING: "I SHOULD HAVE RUN IN THE DEMOCRATIC PRIMARY (paraphrase);" WILL THIS BERNABEI HEARING STATEMENT COST HIM "INDEPENDENT" STATUS?

FINAL UPDATE ON VIDEOS:  11:15 AM

TODAY'S VIDEOS

TOM BERNABEI'S

TESTIMONY

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

RAYMOND V. VASVARI, JR

BERNABEI ATTORNEY

ON

REACTION TO BOE TIE

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

LEE PLAKAS

DEMS & OTHERS ATTORNEY

ON

REACTION TO BOE TIE

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

TOM BERNABEI'S "COMPLETE"

TESTIMONIAL RECORD

OF

JULY 6, 2015
TESTIMONY II
1:19:32
(PUBLISHED)

TESTIMONY I
AS ON CROSS
1:58:55

(PUBLISHED)

The only way aptly to describe the nearly nine hour hearing on Monday (the 6th of July) before the Stark County Board of Elections (BOE, Board) on the protest of the effort of Stark County Commissioner Tom Bernabei to run as an independent candidate for mayor of Canton as it was an exercise by  BOE members Braden, Cline (the Republicans); Ferruccio, Jr., Sherer, II (the Democrats) in "making political sausage."

As in the making of any sausage, the result suits the palate of some, perhaps, even tasty; whereas others view it to be disgusting given what ingredients went into its making.

Stark County "organized" Republicans were overjoyed with the Board's 2 to 2 tie vote on Monday as they anticipate that Republican Ohio Secretary of State Jon Husted will break the tie in favor of their man: former Democrat Thomas M. Bernabei.

The Democrats?

Take a look at this headline from a press release issued yesterday:

And read the full press release:



A focus of the Dems' press release was this rendition of a Bernabei testimonidal statement in the course of the hearing:

In today's blog, Volume 1 in a series in which only The Stark County Political Report as a media outlet will explore in depth the testimony of all those called to testify in Ohio Democratic Party (may The Report say it?  also Stark County Democratic Party) and others v. Bernabei.

The Stark Dems (Party) may think they successfully withdrew days before Monday's hearing in order to make "moot" a challenge to BOE members Ferruccio, Jr. and Sherer, II as to their objectivity as two of the four adjudicators in the hearing given that they are members of the Stark County Executive Committee which authorized the Party's participation in the lawsuit as filed; but the SCPR suspects that the move may prove ineffective once this matter gets into the courts.

The Report thinks the Stark Dems inclusion in the original lawsuit may prove to have been a tactical screw up that could ultimately result in a return of the case to the BOE where the two Republicans would decide presumably 2 to 0 to certify the Bernabei independent candidacy.

Speaking of screw ups, lead Dems' legal counsel Lee Plakas told the SCPR during a break during the hearing that Bernabei's statement:

was a major admission by Bernabei tantamount to (now this is the The Report's interpretation of Plakas' remarks) Bernabei saying:  "you know what, in my 'heart of hearts' I am a Democrat but what is done is done and there is no going back now."

The SCPR believes going forward on this case those nine words "I wish I had run in the Democratic primary" could come back to haunt him.

However, those nine words are only part of his testimony.

Needless to say, the Ohio Democrats "cherry-picked" those nine words and didn't bother to inform the Ohio/Stark public of Bernabei's elaborative explanation of those words.

Of course, the SCPR has at the ready "the full testimony" of Commissioner Bernabei in which he makes it clear that his current decision to run as an independent was not a gaming the system move.

Take a look at that testimony:



So there you have it:  two unsavory ingredients in the making of political sausage at the Stark County Board of Elections on Monday past.

The SCPR did capture the reaction of respective legal counsel on the case.

First, for Tom Bernabei
Attorney Raymond V. Vasvari, Jr



Next, for the Ohio Dems and others
Attorney Lee Plakas




Last, but certainly not least
Bebe Bernabei and daughter Kim



VIDEO REVIEW OF TESTIMONY

The Bernabei Testimony

The Second of Two Testimonies

(one hour and nineteen minutes [1:19.32] in length)



The First of Two Testimonies
Plakas (as on cross-examination)



(one hour and fifty-nine minutes [1:58:55] in length)

BREAKING NEWS! TWO REPUBLICANS (BRADEN & CLINE) VOTE BERNABEI'S WAY; THE DEMS (FERRUCCIO, JR & SHERER, II), THE PROTESTERS WAY. OHIO SECRETARY OF STATE TO BE TIE BREAK ONCE AGAIN IN STARK CO. ELECTION

ORIGINALLY POSTED
07/06/2015 AT 7:40 PM

LAST UPDATED:  
07/08/2015 AT 08:15 AM

VIDEOS

ZACK WEST

PROTESTERS FINAL ARGUMENT

--------------------------------------------------

RAYMOND V. VASVARI, JR
BERNABEI FINAL ARGUMENT

-------------------------------------------------

LEE PLAKAS
REMAINING TIME
PROTESTERS FINAL ARGUMENT
-----------------------------------------------
BOE MEMBERS
BRADEN
CLINE
FERRUCCIO
SHERER
EXPLAIN RESPECTIVE VOTES
&
THE VOTE ITSELF
-------------------------------------------------

COMING SOON VIDEOS
IN
UPCOMING BLOG SERIES
The Making of Political Sausage 
at the Stark BOE 
a la the Bernabei Protest Process.
------------------------------------------------
POST DECISION INTERVIEW
LEE PLAKAS
------------------------------------------------
POST DECISION INTERVIEW
RAYMOND VASVARI, JR
------------------------------------------------
POST DECISION INTERVIEW
BERNABEI FAMILY MEMBERS
----------------------------------------------

TESTIMONY VIDEOS

----------------------------------------------
STARK COMMISSIONER
JANET CREIGHTON
----------------------------------------------
FORMER JUDGE
RICHARD REINBOLD
-----------------------------------------------
JUDGE FRANK FORCHIONE
-----------------------------------------------
FORMER COUNTY ADMINISTRATOR
MIKE HANKE
---------------------------------------------- 
&
MORE
------------------------------------------------

Yours truly videotaped over 60GB of the proceedings of the July 6, 2015 Stark County Board of Elections (BOE, Board) protest filed against Tom Bernabei (currently a Stark County commissioner elected as a Democrat) being certified as an "independent" candidate for mayor of Canton.

Note:  The Stark County Democratic Party withdrew as a protester a few days ago.

The Hearing started about 9:00 a.m. and continued until about 7:00 p.m with several short breaks of the 10-15 minute variety and one hour for lunch.

As written in this blog's headline, at the end of the long, long day, we ended up with what many expected:  a two to two tie.

As stated above the two Republicans Curt Braden and William Cline voted not to sustain the protest whereas Democrats Sam Ferruccio, Jr. & William V. Sherer, II voted in support of the protesters.

The next step is for Ohio Secretary of State Jon Husted (a Republican) to break the tie.

Husted picture that hangs on the wall at the Stark BOE)

Bernabei has to be optimistic that he will break it his way in he follows what he did in allowing Stark County Sheriff George T. Maier onto the November, 2014 ballot despite a protest about his qualifications under Ohio statutory criteria (now changed) that pertained to sheriff candidates.

He erred, if at all, he said at the time of making the decision in favor of the people deciding notwithstanding that he could not say that Maier was qualified according to standards of Ohio statutory law in effect at the time.

If he is consistent, he will do the same in this case.

But the final word will probably be with the Ohio Supreme Court which is likely to confirm whichever decision Husted makes unless it finds he abused his discretion in coming to a decision.

Over the next several days, The Stark County Political Report will endeavor to bring readers of The Report (Stark County's most complete political and local government coverage media) most is not all of the video.

Of course, if the entire video was published as a single unit, nobody would watch the entire proceeding opting instead to try to find this or that segment.

Accordingly, The Report will work through the material by breaking it down to manageable (from a viewer's standpoint) footage.

The place to start of of course is with the decision and then work backwards in to the beginning of the hearing.

But before going to the actual decision, viewers should watch the final arguments.

Taking in the final arguments will provide readers with a thumbnail sketch of what went on before in terms of evidence presented by each of the sides.

Yours truly thinks it is of critical importance for readers to view these argument to make sense of the video in which each Stark BOE member tells why he voted either pro-Bernabei or pro-protesters.

Ten minutes was allocated to Attorney Raymond Vasvari, Jr (representing Tom Bernabei) and ten minutes to the Ohio Democratic Party and the individual protesters side of the case.

First up.

N. ZACK WEST

He is general legal counsel of the Ohio Democratic Party.

In the blogs done by the SCPR on the protest, only West has not gotten his due in terms of sharing his legal background.

So here goes.

The Report has highlighted West connection to the law firm of Don McTigue who at one time was set to (and, in fact, did in the early stages of Bernabei deciding whether or not to run as an independent) represent Bernabei.

There is another McTigue/West tie.

McTigue is the founder of Ohio Families United.

However, the Ohio Democratic Party forced McTigue out of representing Bernabei.

And maybe that was a stroke of good fortune for the commissioner.  According to a Lee Plakas line of questioning, McTigue told Bernabei he had "a loser of a case" with probably only a 30% chance of winning.

West did very little in terms of publicly presenting the case.

The Report recalls him asking a few questions during the proceeding and using a mere 3 minutes of final argument time for the protesters.

As readers can see, the protesters should be thanking God that prominent Canton attorney Lee Plakas was the lead attorney for them for West's work is uninspiring to say the least.

Plakas using all protesters' minutes probably would not have changed the vote, but maybe?

The West video:



Next up.

RAYMOND V. VASVARI, JR for Bernabei.



And the finale:

LEE PLAKAS, remaining time for protesters.



BOE MEMBERS EXPLAIN DECISION

But first a note of condemnation of these BOE members and their failure to provide adequate facilities for media to hear and see the Board's proceeding to the degree necessary for media to record an accurate record of the proceedings.

Stark County officialdom and Stark County's only countywide newspaper (The Repository) should be crawling all over the BOE member directed despicable facilities made available to the press.

The provision of the awful situs is not a slam at the media but rather an disinterest on the part of the Board to provide the Stark County taxpaying public through the media the ability to know precisely what went on at yesterday's hearing

A Board of Elections administrative official said the decision to site the media at the rear of the room where:

• BOE members (particularly Chairman Ferruccio) were - at times - inadudible because:
• there were only two microphones at a table sitting the four Board members, and
• the members made no effort whatsoever to man a microphone so they could be heard,
• Photograph and video taping were difficult because of:
• the distance between the location of the press and the where the BOE members and litigants were situated, and
• position the lectern so as to block a view of a member depending on where one was situated

In some instances, the SCPR has had to substitute still photos of speaking BOE members and witnesses because of the horrendous press accommodations.

Of course, BOE members can afford to be hostile to the public's right to hear, see and know.  They are selected by their respective political party executive committees and therefore have no public accountability.

In Ohio, Board of Elections statewide, by virtue of organized Republicans and Democrats in the Ohio General Assembly having a stranglehold on the institutions of government to aggrandize political party power over the power of the people, are viewed by many as creatures of partisan politics doing the will of politicos and consequently account for much of the public's growing dismay with political parties.

And Stark County's BOE has to be one of he state's very worst in that regard.

THE MOTION

By Member William V. Sherer, II (seconded by Ferruccio) to deny Thomas Bernabei BOE certification.

MEMBER BRADEN (a Republican)

In favor of certification.

MEMBER CLINE (a Republican)

In favor of certification.



MEMBER FERRUCCIO (a Democrat)

Against certification.



MEMBER SHERER (a Democrat)

Against certification.



THE VOTE

Those of us who know politicos and how they protect their political parties over the public interest in impartial determinations are not surprised in the slightest how the Bernabei certification vote turned out.

Ohio's Board of Elections structure is an absolutely scandalizing factor in terms of the political nature of many of its determinations.

Protest hearings are at the pinnacle of that structure and only buttress the public's disgust on how public officials give themselves over to "in service of the party."

Bernabei himself is learning a tough lesson that notwithstanding the many hours of work for the Stark County Democratic Party and the $26,000 in donations contributed to the Dems' candidates, Members Ferruccio and Sherer had no problem (despite their protestations to the contrary) at all "throwing him under the bus" on his mere desire to stand independent of political party affiliation as a candidate for public office.

Yours truly has been a political independent for some seven years now.

But even as a registered Democrat/Republican, there has never ever been a problem with Martin Olson being a critically minded politically affiliated person.

Just ask Johnnie A. Maier, Jr!

Accordingly, The Stark County Political Report has no problem whatsoever to report and opinonate to the Stark County public the utter contempt we in the public should have for "on automatic pilot partisans" operation such as we witnessed yesterday.

Such are highly damaging to the confidence that day-in, day-out Americans have in our political process and hence our government.

Here is the video of the vote.



Now that the SCPR has covered the closing statements leading to the Decision, the rationale? for the decision and the actual vote, The Report will be moving on to a series presentation to all that went on at yesterday's hearing.

Either later today or for tomorrow's blog, yours truly will start a series on the tortuous July 6, 2015 protest hearing named: The Making of Political Sausage at the Stark BOE a la the Bernabei Protest Process.