This morning already Craig Conley is busy following up with Prosecutor John Ferrero in a "tit-for-tat" on Maier and his attorney Thomas Rosenberg on pursuing the prosecution of Maier on the same standard that Rosenberg advocated on November 13, 2013 that Lt. Louis Darrow be prosecutor for what Rosenberg alleged to be a violation of ORC 124.57.
Here is today's Conley to Ferrero letter (without the letterhead)
With
reference to my February 10, 2014 letter to you, I urge you to
immediately refer that matter to the Ohio Attorney General for
prosecution. (Reference O.R.C. 124.64; and, see also O.R.C. 124.62.)
In
that regard, I note that Mr. Maier's counsel, Attorney Rosenberg, as
to Lt. Darrow's purported violation of O.R.C. 124.57, made that same
request of you via his November 13, 2013 letter.
Specifically,
in that letter, Attorney Rosenberg wrote "I encourage you to . .
. seek the involvement of the Attorney General of Ohio, as chief law
enforcement officer of the State, to act as special prosecutor in all
matters going forward”.
Although
I do not purport to speak for Attorney Rosenberg, as an officer of
the Court himself, I reasonably presume he was not advocating
enforcement of the rule of law only against classified civil servant
Lt. Darrow as a contender for the same DCC appointment sought by Mr.
Maier, who was himself at the relevant time a classified civil
servant.
In
that regard, I note that in his "vote for me" letter to the
DCC Mr. Maier wrote ". . . as a career law enforcement
officer, I have taken a solemn oath to respect the rule of law . .
.".
In
short, both Mr. Maier and Attorney Rosenberg should be taken at their
word; i.e., Mr. Maier should be held to the rule of law.
ORIGINAL BLOG
When the SCPR speaks with local attorney and civic activist Craig T. Conley about his activities, existing and projected:
- to have George T. Maier required to reimburse Stark County (Marcelli v. Maier, Stark County Court of Common Pleas,11/27/2013) for some $130,000 for a diverse combination of wages, benefits received by him and expenditures made by him while serving illegally (Swanson v. Maier, quo warranto, November 6, 2013) as sheriff (February 11, 2013 through November 6, 2013),
- to have Maier required to pay some $90,000 to interim Sheriff Timothy Swanson in denied wages and benefits on a personal liability theory of law (to be filed any day now),
- to have Maier disqualified as sheriff by the Stark County Board of Elections (BOE) (protest to be filed with BOE within the the next few days),
- and NOW
- to have Maier investigation to determine whether or not he is in violation of Ohio Revised Code Section (ORC) 124.57 (Prohibition against partisan political activity)
- Note: Conley tells the SCPR that a finding that Maier to be in violation of ORC 124.57 might result in his being:
- declared not to be sheriff (even as the December 11th appointee of the SCDP-CC,
- not certifiable (in addition to other grounds that Conley will assert in the "protest" to the BOE) by the Board for the May 6th primary ballot
And just as often, he will add and "the person who makes them better" is none other than Thomas L. Rosenberg of the prestigious law firm of Roetzel and Andress (Columbus office).
Stark County's chief administrator Brant Luther, about a year ago, when the commissioners on February 19, 2013 agreed to pay $20,000 to Rosenberg, said the commissioners were doing so in the belief that they were hiring him because of his "expertise" in representing clients in quo warranto cases.
(Note: It turns out, according to Conley, that Rosenberg's "expertise" is in "construction law.")
He may not be the expert in quo warrantos that the commissioners thought they were getting, but the SCPR thinks that he is showing that he is quite able at "digging deeper [legal] holes" for his client.
And in doing so, Rosenberg is amply demonstrating that what applies to others does not - in his mind - apply to client George T. Maier.
Back on January 27, 2014, The Report wrote a blog which graphically set forth letters written by Rosenberg which directly contradicted each other, to wit:
- May 6, 2013: Rosenberg wrote that Swanson should be made to reimburse Stark County taxpayers for the need of the commissioners to hire Rosenberg to defend George T. Maier in the Swanson February 12, 2013 filed quo warranto and that he, Rosenberg, would as "a matter of duty" to the Stark County taxpayer represent Stark Countians "gratis" to recover same from Swanson,
- January 5, 2014: of course, after Rosenberg/Maier lost the quo warranto, Rosenberg wrote another letter to the Stark commissioners demanding that they NOT PAY Swanson's legal expenses (then some $33,800) in his successful effort.
Well, there could be.
It seems to the SCPR that if Rosenberg is particularly accomplished at anything, it is at applying one standard to others while ignoring it when it comes to his client.
Here is the string of events:
- On November 13, 2013 Rosenberg wrote a letter to Stark County Prosecutor John D. Ferrero, to wit:
- On December 5, 2013, George T. Maier writes Harrison County Sheriff Ronald J. Myers (a law enforcement pal going back to Maier's days in the Ohio State Patrol), to wit:
So?
Well, curiously enough, Stark County Court of Common Pleas records (i.e. the the clerk of courts office), show that Maier filed an application, when?
November 26th!
Really?
That's the way it appears.
So, let me get this straight.
George T. Maier:
- has his attorney try to get Louis Darrow removed from candidacy for the Stark County sheriff by Stark County Democratic Party Central Committee (SCDP-CC) appointment at its December 11, 2013 meeting,
- resigns as "a classified civil service" Harrison County deputy sheriff on December 5th, saying that he would then apply for the SCDP-CC appointment on December 6th and the Stark County Common Pleas Court records show he had already applied on November 26th while he was still "a classified civil service" Harrison County Deputy sheriff.
So it appears.
Take a look at an extract of the November 26, 2013 application (some 9 days before resigning as deputy sheriff) or yourself:
All of which brings us to the main point of this blog.
Maier/Rosenberg nemesis Craig T. Conley fired off a letter to Stark County Prosecutor John D. Ferrero yesterday demanding that Maier be investigated for a violation of guess what?
You've got it!
Ohio Revised Code Section 124.57.
Here is Conley's letter.
Craig T. Conley Co., LP A.
CRAIG T. CONLEY, ESQ. 220 MARKET AVENUE SOUTH
SUITE 604
CANTON, OHIO 44702 - 2180
. . .CANTON, OHIO 44702 - 2180
February 10, 2013 (corrected by Conley to read: February 10, "2014")
VIA HAND-DELIVERY
Hon. John D. Ferrero,
Stark County Prosecuting Attorney
STARK COUNTY PROSECUTOR'S OFFICE
P.O. Box 20049
Canton, Ohio 44701-0049
Re: George T. Maier
Dear Prosecutor Ferrero:
At the outset, a review of Kr. Maier's Harrison County Employee Earnings Record reveals that he was employed by Sheriff Myers (the second time) on November 8, 2013 through and including December 6, 2013. (A true copy of that Record, obtained via a public records request made by me of the Harrison County Auditor, is enclosed.)
As you are aware, following ~ha~ "re-hiring", on November 13, 2013, Mr. Maier's counsel, Attorney Thomas L. Rosenberg, sent you a letter regarding O.R.C. 124.57 and Lt. Darrcw's purported violation thereof- (For your convenience and ready reference a true copy of that letter, obtained via an O.R.C. 149.43 public records request made by me of your office, is enclosed.)
Indeed, in that letter, Attorney Rosenberg affirmatively opined that O.R.C. 124.57 "precludes civil servants from engaging in-partisan politics".
The irony, of course, is that when that letter was written on Mr. Maier's behalf, Mr. Maier was himself subject to that same Code Section preclusion, noting that Mr. Maier's "good friend forever", Harrison County Sheriff Ronald J. Myers, had already (for the second time) hired Mr. Maier (at Harrison County taxpayer expense) as a Harrison County Deputy Sheriff for the sole purpose of advancing Mr. Maier's political ambition to become Stark County Sheriff.
In fact, when he subsequently wrote his December 5, 2013 resignation letter to Sheriff Myers, Mr. Maier, in addition to admitting that he had theretofore "again asked the Stark County Democratic Party to consider [his] application for appointment as sheriff", he represented that he himself is "a classified employee . . . unable to seek an appointment or election of [sic] a political office". {A true copy of that letter, obtained via an O.R.C. 149.43 public records request made by me of the Harrison County Auditor, is enclosed.)
It therefore is respectfully suggested that Attorney Rosenberg's aforesaid letter evinces Mr. Maier's indirect political activity during the time that he was an O.R.C. 124.57 "employee in the classified service of . . . the several counties [of Ohio]". (See also OAC 123:1-46-02(C)(6) and/or (7).)
As to Mr. Maier's direct political activity during the relevant time period, I first call your attention, in addition to Mr. Maier's aforesaid December 5, 2013 resignation letter, to his prior letter to the Democratic Central Committee Members wherein he solicited their votes for his second appointment to the public office of Stark County Sheriff. (A true copy of that letter is enclosed herewith, noting chat, although same is undated, it obviously was sent before Mr. Maier's second DCC appointment on December 11, 2013.)
In that regard, it is noteworthy that Mr. Maier's aforesaid "vote for me" letter to the DCC bears a notation at the bottom of the second page thereof that reads ^All materials printed in house and paid for by Keep George Maier Sheriff Committee".
Additionally, on November 26, 2013, and also before Mr- Maier's second DCC appointment on December 11, 2013, it is noteworthy that he had made a formal Application for Candidacy which he caused to be filed with the Stark County Clerk of Courts. (A true file-stamped copy of that Application is enclosed herewith.)
In that sworn Application, Mr. Maier affirmatively staged "I am a candidate for the office of Sheriff of Stark County, Ohio" and indicated that he is currently employed by the Harrison County Sheriff's Office.
In sum, it is respectfully requested that your office and/or the Ohio Attorney General immediately commence an investigation of what appears to be Mr. Maier's flagrant and repeated violations of O.R.C. 124.57 and that appropriate action thereafter be taken against Mr. Maier.
Sincerely,Craig T. Conley
CTC/mps
Enclosures
cc: Ohio Attorney General (encls.)
Hmm?
Maybe just maybe George T. Maier with his attorney's help is "digging a deeper [legal] hole" for himself in ensuring that he will never become the "elected" sheriff of Stark County?
Also, a prime example of being an exercise in "getting hoisted by one's own petard!" no?
No comments:
Post a Comment