IS NORTH CANTON THE "KENMORE" OF STARK COUNTY?

It seems as if ever since Daryl Revoldt left North Canton city government (president of city council) that North Canton has been falling apart.

The Report thinks that matters are deteriorating so much in North Canton that one has to start entertaining the notion that the city may not long endure.

Perhaps suffering the same fate as the once "city of Kenmore" (in the southwest corner of Akron) did in 1928 when it was forced to lose its identity as a municipality in its own right.

North Canton citizen activist Chuck Osborne tells the SCPR that the Akron Beacon Journal in recent days did a piece on Kenmore's absorption into Akron which he shared with North Canton's council members on Monday evening last.

It appears to The Report that North Canton is pretty much landlocked and has very little room to grow and perhaps Stark Countians will be looking at a graphic like this one in coming years.  North Canton's failure to approve an economic development collaborative agreement with Canton, Jackson Township and Plain Township earlier this year could prove to have been a major blunder in terms of North Canton retaining viability.

In this sense, it is a bit ironic if not hypocritical that Osborne is sounding the alarm bells inasmuch as he was a prime figure in joining with an adamant mayor David Held to defeat North Canton's doing a MEDA (Mutual Economic Development Agreement) with its immediate geographical neighbors.

To their credit, Councilpersons Jon Snyder and Marcia Keisling pushed the hardest to provide North Canton with an avenue to the future.

Also, to his credit, Snyder proposed earlier this year a back door revenue raising measure (a parks levy) that would keep North Canton out of a fiscal crisis over the near term.

A consequence of the MEDA failure (when coupled with a revenue crunch) could be a timeline like this one down the road, no?

Not that Revoldt is any savior figure.

In fact,  one thing that Revoldt was not able to achieve in his time in North Canton agreement is a working partnership with surrounding communities.

But he had a knack for leadership that seems sorely missing these days in (excuse me if I mention trees) in Stark County's major northern most city - The Dogwood City.

On or about March 10, 2011 Revoldt was summoned to Columbus by newly elected Republican governor John Kasich to serve in the then Ohio Department of Economic Development.

Fellow North Canton 4th Warder Jon Snyder (a Republican) took over for Revoldt.

Next to Revoldt, Snyder has the most experience and depth of knowledge of anybody in North Canton, except maybe, his major nemesis (and Revoldt's); one, Chuck Osborne.

And Snyder seemed to be holding things together pretty well.

But after Revoldt's departure and series of unfortunate events have conspired against Snyder (some of his own making) to undermine his ability to lead council.

The SCPR heard yesterday that Revoldt has retired from his work in Columbus and is back in town.

So The Report contacted him and asked whether or not he would be interested in returning to North Canton government?

His answer?

Non-committal.

But he would not rule a return to North Canton government out.

One scenario has Jon Snyder resigning as Ward 4 councilman (and he tells the SCPR that he is considering same because he cannot afford to be without healthcare given his age) and Revoldt who lives in Ward 4 taking his place.

And, the SCPR thinks, another possibility connected to a Snyder resignation might attain out of the surprise Monday night announcement by Gail Kalpac that she is retiring.

One of what the Stark County Political Report thinks was the worst turn of events for the stability, citizen responsiveness and "for the citizens" productiveness was the election of Republican Tim Fox as Ward 3 councilman (November, 2011) and not long thereafter his selection by council as North Canton's law director (SCPR LINK, September 12, 2012).

The Report believes that a good number of problems that dog North Canton to this very day are traceable to Fox and his imperial ways which council has utterly failed to rein in.

Kalpac's retirement (to be effective on June 1, 2014), the SCPR thinks, was largely due - at this time - to the acerbic relationship between Fox and Kalpac.

The SCPR  has spoken to Kalpac and she says that she wants to devote time to caring for her aging parents to spend more time with her grandchildren.

Kalpac is a classy lady and would never point the finger at Fox and her relationship with him as others have done with the Stark County Political Report going back many months ago.

There have been a number of run-in between Fox, citizens and the media (including the SCPR) which The Report thinks is attributable to his "my way or the highway" bearing.

There have been multiple rumors that council was about the sack Fox, but for some reason he seems to have a hold on five councilpersons and Mayol David Held and thereby has been able to stave off those who seek his removal.ere

Back in February there was a big furor about Fox which the SCPR asked the council president Jon Snyer about.

a

Of course  Snyder is no longer council president..

But Monday's Kalpac resignation puts North Canton in quite a pickle if not in the box which is already populated with the MEDA failure and no revenue raising plan on the horizon.

Not only will Kalpac's departure make it next to impossible for council to function in an administrative support context, but Snyder tells the SCPR that there is nobody available to train a new employee.

So what to do?

Interestingly enough the answer may have come out of the mouth of one Chuck Osborne.

In a conversation with him today, The Report could scarcely believe the ears as he was suggesting that a clerk of council crisis may be averted by a Jon Snyder resignation to pave the way for his wife Kathy (now employed part-time with Canal Fulton government, and, formerly, a seasoned Stark County Board of Elections employee) to take on being clerk of council.

In yesterday's SCPR conversation with Snyder, The Report brought up the Osborne suggestion of what may be afoot.

Snyder said that in the past (before they married), his wife (then Kathy Lewis) considered going to work for North Canton.

However, with their marriage; her working in any capacity for the city of North Canton was a non-starter?

Snyder that he is going to bring up with his wife the question of whether or not she would be interested in replacing Kalpac should he resign from council.

And, if she were interested and North Canton Council was receptive, a Kathy Snyder employment would solve one huge problem for Jon Snyder.

Kathy Snyder as a North Canton employee would qualify to get "family plan" health care insurance coverage which of course would include who?

You've got it!

One Jon Snyder.

What a gas such a turn of events would be, no?

Jon Snyder was forced off North Canton's health care coverage by the politics of the situation notwithstanding a Tim Fox opinion that he could legally maintain his coverage because of defects in the Osborne generated referendum ordinance (passed overwhelming in November, 2012 by North Cantonians). 

The Osborne ordinance has been challenged in the Stark County Court of Common Pleas by Mayor Held with the blessing of council.

While the SCPR does see North Canton being boxed-in by a number of measures, do not look for an Akron/Kenmore outcome anytime soon.

But Osborne in right.

Council and the mayor need to fashion a plan now to avert what might happen in 2028 if nothing is done.

The SCPR thinks that if North Canton (formerly "New" Berlin) is to avoid being absorbed into Canton and thereby become a part of perhaps a name changed entity "New" Canton; North Canton is going to need a ramp up in quality of leadership.

A Snyder being replaced by a Revoldt and replacements for Councilpersons Werren and Griffith might be enough of a leadership boost for North Canton to avoid becoming Stark County's Kenmore.

And, North Canton could use a change in the mayor's chair occupant too.

Otherwise that box North Canton is in may compress and squeeze the city out of existence!

(VIDEOS) CAN NORTH CANTON CITY COUNCIL BE FIXED?

VIDEOS

Marcia Kiesling

Steps Down as Council Vice President

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

Mayor David Held 

Presides Over Selection of New President

============================== 

New President Dan "Jeff" Peters

Presides Over Selection of

New Vice President

============================== 

Peters as Chair of 

Personnel and Safety Committee

Calls Council into Executive Session

============================== 

Peters Takes Questions

from the 

Media

Four North Canton City council members decided to keep their health care insurance at the expense of North Canton taxpayers beyond December 1, 2013 (the beginning new term of council 2013/2015) notwithstanding that the voters of North Canton voted overwhelming on November 6, 2012 to end those benefits except for individual members who did not have insurance available through an employer.

Over the last couple months or so, all Hell has broken loose as information has leaked out to the North Canton public about the four.

Council members now openly talk about having lost the trust of  North Cantonians.

Last night the current members tried, but the question remains:  Can North Canton City Council be fixed so that North Canton's voters are willing to trust them once again?

Will Jon Snyder's throwing himself "under the bus" with his resigning as council president on Friday be enough to save himself and his fellows on council from eventually becoming ex-council members?

A clue will likely come as early as this summer, if reports prove well founded that some concerned citizens of the Dogwood city plan to attempt a recall of former council president Jon Snyder (Republican - Ward 4).

And it could be that Councilwoman Marcia Kiesling (Republican - at large) will also face a recall effort.

Stephanie Werren

• (Republican - Ward 3 and wife of Stark County Court of Common Pleas judge Curtis Werren [who himself is up for election this Fall]

 and

Daniel "Jeff" Peters

• (No Party registration with Stark BOE - Ward 1) selected last night to replace Jon Snyder (who resigned as council president this past Friday)

may also face recall efforts, but both are seen as less likely targets than Snyder and Kiesling.

Since Peters is a favorite of North Canton civic activist Chuck Osborne, it appears to the SCPR that he is unlikely to be challenged.  Osborne in discussion with The Report clearly regrets that Peters was one of the four offending council members on the health care insurance matter.

One other note about Osborne.  He confirmed last night in an exchange with assembled media that he will soon be filing litigation over North Canton government's failure to implement the voter passed Issue 5.

The clue on fixability will not be so much whether or not whom among the four get challenged, but for those who do get challenged is whether the vote goes for recall or against recall.

Any one of them getting recalled might bode ill for all incumbent council members come the next regular council election in November, 2015.

It wouldn't seem fair, but could it be that even non-offending council members might be vulnerable in 2015?

The Report thinks it will be fair to surmise should any of the four actually get recalled that last night's effort to fix the broken North Canton City Council will be deemed to have been a failure and additional moves may be in order surely as the members will be casting about for that elusive cure.

Last night's "reorganization meeting" got off to an unexpected start despite being convened by Vice President Marcia Kiesling.  For it seemed that no sooner had she called the meeting to order,she was resigning as vice president of council and turning the meeting over to Mayor David Held for him to take nominations for Snyder's replacement.

But Snyder was not the only person being replaced.

With her resignation as vice president, Kiesling also needed replacing.

It appears that Kiesling's action was a last minute decision inasmuch she had included a letter in the packet handed out before the meeting asking her fellow council members to consider reelecting her as vice president.

The sequence of events after Kiesling called the meeting to order included:

• Her resigning as council president (to which she was elevated on Snyder's resignation effective Friday), which meant that her successor needed to be elected
• (SCPR Note:  Kiesling's resignation as president of council was expected.
• To the seeming surprise of everybody, her withdrawal of a request to be reelected as vice president (the post she held before her elevation to the presidency) giving as a reason her failure to ask the right questions in determining whether or not she should have remained on North Canton health care insurance after December 1, 2013

Here is a videotaped presentation of her full statement.



Mayor David Held then took over and took nominations for president and vice president of North Canton City Council.

Peters was elected president (on council going back to 2003) and Doug Foltz (Democrat - Ward 1; on council going back to 1995) was elected vice president.

Here is the video of the segment wherein Peters was elected president (Mayor David Held presiding).



And with Peters in the presidency chair, the election for vice president was held:



After the election, the meeting was adjourned and Peters in his capacity as chairman of council's Personnel and Safety Committee called the committee into session which immediately went into executive session, to wit:

The Report did not keep the exact time, but the committee was in session upwards of two hours.

Lastly, in a press conference after the meeting, here is what Peters had to say what he had in mind as leader for the future of council as well as answering questions about events (including access to public records) leading up to last night's meeting:



The SCPR is skeptical that North Canton City Council - in the estimation of the North Canton public - was fixed last night.

We should have an indication this summer should recall election(s) materialize.

In the meantime the pot will be kept boiling over the next month or so as Jamie McCleaster (Marcia Kiesling) and Hilliary Mueller (Jon Snyder) appeal (to the Franklin County Court of Common Pleas) findings by the Ohio Elections Commission last November that they had violated ethical standards in campaign materials they published in their respective "at-large" and Ward 4 races.

As the SCPR sees it, even if they win the appeals, Kiesling and Snyder lose in remaining in the glare of publicity while the wheels are turning towards them being challenged with recall elections.

Try as he may, newly elected president Peters likely has an impossible task in front of him as the Elections Commission appeals proceed and the promised Osborne health care insurance lawsuit unfolds.

Who knows how long North Canton City Council is going to be afflicted with an undertow of turmoil.

Could it last through November, 2105 when the entire council has to stand for election?

CAN YOU BELIEVE THIS?

ONLY
THE STARK COUNTY POLITICAL REPORT
PRESENTS BOTH SIDES OF ALL 
STARK COUNTY POLITICAL/GOVERNMENT ISSUES
NOTWITHSTANDING 
WHAT THE SCPR OPINION MAY BE ON ANY PARTICULAR ISSUE

UPDATE:  11:41 AM

OSBORNE'S RESPONSE TO TODAY'S BLOG 

 My Thoughts On Today's Blog - March 4, 2014

Tue, Mar 4, 2014 at 11:34 AM

From:  Chuck Osborne

To:   Martin Olson

Hello Martin,

Time and again, I am amazed why I end up being the story when it is the failures of the process of government and of the people who manage the process of government that should be the point of the discussion.

We all know, by general observation that all levels of government are failing the people they have sworn to represent.

Just as you, I have the time and inclination at this stage of my life to follow government and the people in it very closely. You do it on a much wider scale than I do as I choose to focus my attention in my immediate community.

I do know this: There needs to be a better way to bring the process of government and the conduct of those individuals who manage that process to the attention of the citizens they have sworn to represent.

You and Mr. Ponder state that my efforts to determine whether Mr. Snyder had healthcare available from his employer was more than just a little “over-the-top.”

As you well know, information does not just fall out of the sky. One must search for it. That information comes from attendance at public meetings, from the study of public records, and exhaustive investigation.

I am sure the SCPR does all of that. I am sure that Mr. Ponder does all of this in preparation of his program.

If anyone has a genealogist in the family, he knows that one has to travel great distances and spend many hours over a lifetime to uncover facts and information to learn about his roots.

Some people travel great distances to attend concerts. You get my point.

With regard to the current situation, Council President Jon Snyder has repeatedly stated that healthcare was not available with his employer. This was questioned by me and others. A phone call two months ago to the corporate headquarters revealed that the employer did provide healthcare to employees. I wanted to be more comfortable with that fact before presenting information that contradicted the statements of North Canton’s second highest elected official, thus the trip to Buffalo.

Ascertaining the truth is very important to all of us. Without truth there is no trust. Without trust there can be no faith in government. You and Mr. Ponder should be focusing on the people who violate the trust placed in them. The SCPR has its methods in finding the truth and I have mine.

At the beginning of Mr. Ponder’s show yesterday, he made it clear that Jon Snyder was his “friend.” Clearly, for Mr. Ponder, friendship is more important than the truth. And that is what’s wrong with government today. It is often a collection of cronies who are looking out for themselves and their friends and the public be dammed.


Thank you,

Chuck Osborne

ORIGINAL BLOG

It was quite shocking for the SCPR to hear WHBC's Ron Ponder "on the air" say yesterday "Screw You! Chuck Osborne."

While like the SCPR, Ponder on his daily show "Points to Ponder," WHBC1480 (Monday through Friday, 10:00 AM to Noon) is primarily an opinion person; "apparently" there is a MAJOR difference between Ponder and The Report.

The SCPR provides exceptors to the Stark County Political Report "point-of-view" with a pretty much unlimited opportunity to respond to any SCPR opinion piece.

In saying "Screw You! Chuck Osborne" it appears to The Report that Ponder is saying that Osborne is in effect worthless as a credible person on public issues and by implication that he is not going to allow Osborne "on the WHBC airways" to explain his actions.

And guess who was not on Ponder's Points to Ponder yesterday?

Of course!  Chuck Osborne.

And this after Ponder made Osborne conduct a "a major 'bone of contention"' on yesterday's edition of his program.

To the SCPR, for Ponder to have acted in this way was unacceptable by anyone's definition of "fairness" in journalistic fairness.

Ponder's unhappiness - in its most immediate context - with Osborne seemingly involves Osborne's recent effort:

• to delve (by subterfuge, in the opinion of the SCPR) into employment practices of the company that North Canton councilman Jon Snyder has an employment relationship with so as to extract from that "pretend" to want a job process whether not Snyder had the capability (early on in the process; let's say before December 1, 2013, the "supposed effective date of the November, 2012 North Canton voter passed Issue 5 [72% to 28%]) to get alternative health care insurance coverage from his employer,

The SCPR agrees with Ponder that Osborne's "pretense" at applying for a job at Snyder's company to gain information as to what company provided health care benefits might or might not be available to Snyder was more than just a little "over-the-top."

What is particularly ridiculous about Osborne's effort is that it would not  establish conclusively that Snyder was eligible for employer coverage and therefore not eligible for North Canton coverage as precluded by the language of Issue 5.

But for radio journalist Ponder to "stack the deck" for his point of view in the process of vilifying Oborne is something that should disturb journalists everywhere.

Again, the SCPR agrees with Ponder's implication yesterday that Osborne is a chronic complainer who seems not to have the skills needed to show others that he has a sense of balance and perspective.

On rare occasions, The Report has seen Osborne demonstrate "balance" and "perspective," but RARE is the operative word.

The Ron Ponder that the SCPR knows is not the Ron Ponder who uttered "Screw You! Chuck Osborne" as he ended yesterday's segment on the North Canton health care insurance issue after having denied Osborne a full and fair opportunity to defend himself.

Once he thinks it over, the SCPR expects Ponder to reverse himself and invite Osborne onto WHBC's Points to Ponder and provide him with a fair and full opportunity to disagree with Ponder.

While the SCPR takes a more skeptical view of Stark County politicians and office holders than Ponder does (I once said to him:  "Ron, you see a glass as being 'half-full' whereas I see it as being "half-empty'), The Report thinks it is healthy for Stark County based-journalists to have different ways of perceiving Stark County political and government officials.

The Report would not have Ron Ponder be Martin Olson.

But the SCPR would have Ron Ponder emulate Martin Olson and the Stark County Political Report in affording subjects of his journalistic efforts a "fair and full opportunity" to respond to on-air attacks.

The SCPR thinks that once he thinks it over, WHBC/1480 talk show host Ron Ponder will do the right thing.

We shall see?

(VIDEOS) NORTH CANTON COUNCIL SHOULD HAVE TAKEN "THE ROAD LESS TRAVELED" RATHER THAN "THE PRIMROSE PATH?"

UPDATED:  08:35 AM

VIDEOS

COUNCIL PRESIDENT JON SNYDER

DENIES
HE CONSIDERED STEPPING DOWN AS
COUNCIL PRESIDENT

DENIES COUNCIL CONSIDERED REMOVING
TIM FOX AS LAW DIRECTOR

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

CITIZEN OSBORNE LASHES OUT ON

NORTH CANTON CITY COUNCIL

LAW DIRECTOR TIM FOX

ON "THWARTING THE WILL OF THE PEOPLE"

ON

HEALTH CARE ORDINANCE

ALSO

CITIZEN GLENN SAYLOR

CITIZEN RITA PALMER 

JAMIE McCLEASTER
LEADER
CONCERNED CITIZENS OF NORTH CANTON

MIRIAM BAUGHMAN
NORTH CANTON CHARTER EXPERT

KIMMIE PETERS
LONG TIME RESIDENT OF NORTH CANTON 

=================================== 

VARIOUS COUNCIL MEMBERS
ON
WAIVING "ATTORNEY CLIENT" PRIVLEGE
ON
HEALTHCARE ISSUE

=================================== 

COUNCIL MEMBERS APOLOGIZE

SNYDER

KIESLING

WERREN

Along the pathway of North Canton governance, council members had a choice to make.

They could have gone down "the road less traveled," but they chose to take "the primrose path" - apparently - prepared by Law Director Tim Fox.

From what the Stark County Political Report could detect from the abundance of apologies to North Canton voters at last night's council meetings, they are now wishing they had taken "the road less traveled."

The question has been whether or not Issue 5 (denying healthcare "family" coverage to part-time council members or "single" coverage when other employer provided coverage is available) is "valid" legislation that binds North Canton's council members?

In May, 2012 North Canton civic activist Chuck Osborne initiated a ordinance petition for the November, 2012 general election ballot which presented the question to North Canton voters.

Since 2012 was a presidential year ballot, large numbers of North Cantonians came out to vote.

The result?

So come the "new" term of council beginning December, 2013 the ordinance goes into effect, no?

Not so fast, SCPR readers!

While the people of North Canton may have spoken in overwhelming numbers, North Canton Law Director Tim Fox had not yet had his say.

And as we all know, elected officials across Stark County - when they do not like "the will of the people," they are known to try to find a way around "the will of the people."

Like in the case of the 2008 Stark County Board of Commissioners (Bosley, Harmon (Democrats), and Vignos (a Republican) anticipating that voters might object in a "free will of the people election" decided to "impose" a 0.5% sales tax on Stark Countians for a widely advertised purpose of fixing Stark County's broken 9-1-1 emergency call/dispatch system but more or less hidden purpose of adding money to the county general fund.

Stark Countians were having none of it and in November, 2009 by huge numbers removed the tax from the Stark County fiscal landscape.

Accordingly, "following the will of the people" was a "painless" lesson for onlooking North Canton council members to learn, but what have they done since November, 2012?

You've got it!

They chose to ignore "the will of the people" and follow the advice of North Canton law director Tim Fox that Osborne's ordinance is invalid and could be ignored.

Consequently, four members of council (Peters, Ward 2; Werren, Ward 3; Snyder, Ward 4 and Kiesling, at-large) chose to take the "easy path; "the primrose path," if you will, and thereby ignore "the will of the people" and maintain their respective city of North Canton (at taxpayer expense) health care insurance coverage.

To the SCPR and to many frustrated citizens of North Canton (personified by citizen activist Jamie McCleaster (leader of the Concerned Citizens of North Canton) it has been mind boggling that "elected" by their constituencies councilpersons would "blow-off" the overwhelming November, 2012 vote of the people of North Canton.

Matters have grown so tense among North Canton City Council members that the SCPR is told by a "highly, highly, highly" reliable source their has been active discussions going on for Snyder to step-down to be replaced by either Councilman Peters or Council Cerreta.

Moreover, The Report is told that consideration has been given to the removal of Tim Fox as law director.

Of course, the SCPR asked Snyder (on camera) "head-on" about these - what the SCPR considers to from an impeccable source - reports.

Here is his response.



The Report made a "video" collection of the statements of quite a number of everyday North Canton citizens who troubled themselves to come out to last night's council meeting and availed themselves of the "Public Speaks" forum on the agenda of the meeting to express their disgust with council.

Readers of the SCPR who care about citizen participation in making their governments accountable should watch each and every one of these videos.

Doing so will inspire scores of Stark Countians to resolve to follow the example of these extraordinary folks and "do likewise" in holding governments across the county accountable.

Here are the videos, pleeeaaaseeeee! watch them!!!

First up, the "dean" of North Canton civic activists Chuck Osborne.



As seen, Osborne:

• Points out the fact that council has an ordinance on last night's agenda which - on an un-needed emergency basis (since anything passed will not go into effect until December 1, 2015) and suggests that perhaps council is trying to deceive North Cantoninans into thinking that it is remedying council's failure to heed the vote of November, 2012 which was designed to have to gone into effect as of December 1, 2013,
• Reviews how city council looked on as the ordinance was formulated in May, 2012 and processed through the electoral process without council objection,
• Describes how the lack of implementation of the initiative ordinance was discovered by another North Canton citizen by happenstance, and
• Questions the proper role of the law director in advising on the ordinance,

Next, Citizen Glenn Saylor:



As seen, Saylor says:

• "actions of law director [Fox] was a 'poke in the eye' to the citizens of North Canton,'
• Cites North Canton city ordinance in outlining the duties of the North Canton law director,
• "communicates legal policies, procedures, decisions to:
• city council,
• city officials, and
• the general public (emphasis added by SCPR),
• "[law director] had an obligation to notify the public [of his opinion of the invalidity of Ordinance 5] since it was the public who passed the ordinance in the first place,"
• Does not buy into there being an "attorney/client privilege on the health care ordinance,
• Asks that council's recorded by amended to reveal the exact date (am members present) in late 2013 that Fox counseled city council on the invalidity of Ordinance 5,
• Chides council "which loves to pass all sorts of emergency legislation" for not doing so in correction of the alleged defects of voter passed Ordinance 5 so that it could go into effect on December 1, 2013,

Then Citizen Palmer.



As seen in the video, Palmer:

• Chastises council for ignoring her and other North Canton citizens in previous protests for council not enforcing Ordinance 5,
• Cite language in a Repository editorial demanding that council fix and enforce the will of the voters of North Canton expressed by them voting overwhelmingly for it in November, 2012,
• Returns to her having been ignored before and insists that council hear her this time,

Palmer was followed by Citizen Jamie McCleaster (leader of the Concerned Citizens of North Canton [CCNC]).



McCleaster, in the video, takes council to task:

• For ignoring him and other CCNC citizens when the appeared before council two weeks ago complaining about the heath care ordinance issue,
• For council president Jon Snyder (who the SCPR shows on video later on in this blog apologizing on three occasions last night) having threatened him with a lawsuit two weeks ago,
• For not having guidelines in place (which he offers up on behalf of the CCNC) for how council conducts itself,

Next Miriam Baughman.



Baughman in her videotaped presentation shows:

• She likely is more knowledgeable than anyone on council (she goes back to 1961) and certainly much more that Law Director Tim Fox on North Canton's charter, and
• That contrary to what Fox is reported to be saying as being an invalid process, North Canton instituted council power to provide for health care insurance benefits for councilpersons in 1981,
• That - in a telling point on what appears to the SCPR to be a "flawed" Fox analysis - the overwhelmingly voter approved Ordinance 5 "merely" negated a prior ordinance,

Finally, Citizen Kimmie Peters makes her SCPR videotaped appearance.



As seen, she pummels council with:

• "I have never been so embarrassed by a city government (i.e. North Canton city council) as I have been over the last couple of years,"
• "You really have destroyed my trust and I think the trust of a lot of the other people who are here."

It is truly amazing how what should be the obvious road for any elected official to follow becomes "the road less traveled" when the voter paved road does not match the collective un-wisdom of those who hold office.

What is even more amazing is how North Canton council members have rallied around Director Fox to empower and enable him to deny to North Cantonians an accounting - chapter and verse - how he came to arrive at his advice to the councilpersons.

Director Fox is not sharing with North Cantonians the specifics of how he arrived at his advice to North Canton council members or Ordinance 5?

How could that be?

How about council hiding under what is known as being the "attorney/client privilege?"

And it has to be council, for the privilege does not belong to the attorney, it belongs to the client.

So, the SCPR cornered four of the councilpersons last night after the meeting and asked them whether or not they individually are willing to waive the privilege for each and every one of themselves?

Here are their responses.



To top off the evenings event in which council members Snyder, Kiesling and Werren gushed with apologies for not following the will of North Canton's voters, the SCPR lodged some really tough, head-on questions with council president Jon Snyder.

Undoubtedly, Snyder could not have been happy with these questions, but he answered them.

His answering the questions is more can be said for the likes of Stark County Democratic Party Randy Gonzalez, Stark County Democratic Party Central Committee appointed sheriff George T. Maier, Stark County Democratic Party Board of Elections member Deametrious St. John, Stark County GOP chairman Jeff Matthews and Republican state Representative Christina Hagan.

Most Stark County elected/appointed officials do "face the music" of answering SCPR "pointed" questions when strange things appear to be happening on their watch, but not Gonzalez, not Maier, not Matthews and not Hagan.

Hmm?

Here is Snyder last night "facing the [SCPR's] music!"

Here is Sndyer in a kaleidoscope of film footage apologizing "all over creation - now that I have been caught" on ignore "the will of the North Canton people."



Last night, North Cantonians assembled at council meeting saw an "old-fashion" evangelical-church-esque altar call in a "come to Jesus" moment.

Here is Marcia Kiesling apologizing.



Here is Stephanie Werren,



And last week the SCPR wrote an article (LINK) on Councilman Daniel "Jeff" Peters (Ward 2) making contrition.

But for the "Hell, Fire and Brimstone" administered by North Canton's civic activists, would there have been any repentance?

The SCPR thinks not.

Apologies are one thing; action is another.

At a Snyder initiative, Council last night began consideration of an ordinance mirroring Osborne's Ordinance 5.

And - as pointed out in the Public Speaks - there is no need for the ordinance to be declared "to be an emergency."  For even if passed last night, it will not go into effect until December, 2015.

Council is not allowed - by virtue of Ohio statutory law - to pass legislation on council pay/benefits that impacts on the council passing the legislation.

And there was a bonus.

Councilman Doug Foltz announced that he was going to be hard pressed to ever again vote for "emergency" legislation.

Hmm?

Guess who has been complaining about that happening all too often?

You've got it, one Chuck Osborne - civic activist "persisting and enduring" City of North Canton, Ohio.

Osborne, McCleaster, Conley, Balas-Bratton and scores of many other Stark Countians who make the sacrifice of having their good names slammed by errant public officials are the unsung heroes of Stark County.

Proof of whether or not Snyder, Werren, Peters and Kiesling are truly repentant will not be forthcoming on the health care issue unless and until they compel Law Director Tim Fox to explain to North Canton voters the chapter and verse of "the primrose path" the SCPR thinks he created for North Canton council!

Who is in charge, North Canton's city council members or Law Director Tim Fox?

We shall see in coming weeks, no?

OSBORNE'S COMPLAINT TO THE REPOSITORY FOR LACK OF COVERAGE

Where Is The Healthcare Story?  Mon, Feb 17, 2014 at 2:39 PM

From:   Chuck Osborne

To  Robert Wang 

CC

        Robert Cyperski 
        Martin Olson
        Gayle Beck
        1 More...

Hello Robert,

I am growing increasingly concerned as to why the story on the Healthcare Ordinance and the brazen violation of that Ordinance by members of City Council, with the support of the Law Director, has not been published.

This should be a front-page headline story in the Repository. Here you have a City Law Director who is surreptitiously subverting a lawfully enacted ordinance that was overwhelmingly approved by the voters 3 to 1 in the November 6, 2012,

General Election and who is actively encouraging elected officials to violate the law.

The path followed by citizens to enact this Ordinance was long and arduous, and the required process was followed to the letter.

The City was duly alerted on May 9, 2012, that a petition was being circulated to gather signatures with the goal of placing the issue on the ballot. The City was provided a certified copy of the ballot language.

On June 7, 2012, the City was presented with petitions containing 1,108 signatures for review and submission to the Stark County Board of Elections for validation.

On June 15, 2012, The Stark county Board of Elections issued a letter certifying the validity of 1, 090 signatures, far in excess of the 746 signatures needed to place the issue on the ballot.

On July 5, 2012, the North Canton Finance Director, Karen Alger, and Clerk of Council, Gail Kalpac, co-signed a letter to the Stark County Board of Elections stating, “Notice is hereby given that in pursuance of a resolution passed by the

Members of Council of the City of North Canton, Stark County, Ohio, on the 5th day of July, 2012, there will be submitted to the vote of the qualified electors of said city, at the General election to be held November 6, 2012.…”

On November 6, 2012, the Healthcare Initiative, known as Issue 5, passed overwhelmingly with 6,480 votes (71.76%) YES and 2,550 votes (28.24%) NO.

On November 27, 2012, the Stark County Board of Elections certified the vote, and according to ORC 731.31, became law on the fifth day after the Board of Elections certified the official vote. Issue 5 became a lawfully enacted Ordinance December 2, 2012.

North Canton’s part-time elected officials had ample warning, a full year’s notice, that come December 1, 2013, the beginning of the next term of City Council and the Mayor, they all would have to comply with the Healthcare Ordinance.

If the City, or the Law Director, had any questions or objections to the lawfully enacted Ordinance, why were they not raised prior to December 1, 2013?

Why would elected officials openly violate a City Ordinance based on secret assurances from the Law Director in backroom private meetings that the Ordinance was invalid?

When was the public going to be made aware of any of this?

My point in all of this is to ask if it is your editors who are holding up this story? Knowing that your Editorial Board has undertaken to support the Jackson – Plain – Canton Agreement, wholeheartedly (with several editorials urging passage), I question whether it is the intent of the Repository to shield North Canton City Council from controversy or distraction until the agreement is passed by City Council.

The violation of a lawfully enacted City Ordinance by City Officials is simply “government out of control” and it is hard to fathom that a paper that holds itself out to protect and further democratic ideals is failing in those pursuits!

When is this issue going to appear?

Thank you,

Chuck Osborne

NORTH CANTON BATTLE CONTINUES: FOR THE PRINCIPLE OF IT!

Whether one agrees with the legal positions of Jamie McCleaster and Hillary Mueller or not, they should be admired for pursuing vindication of their respective campaigns for North Canton City Council this past November.

They did lose on ethics violation complaints filed with the Ohio Elections Commission (LINK to prior SCPR blog) days before the November 5th general election.

For a full refresher on the gist of the Snyder and Kiesling complaints go to this SCPR blog LINK.

The two offending pieces (from the Kiesling and Snyder perspective of campaign literature  were these:

The two highlighted areas of the above-graphics zero in on the core of the Kiesling/Snyder complaints in terms of the allegation of their falsity.

McCleaster ran against Councilwoman at Large Marcia Kiesling and Mueller took on Ward 4 councilman and president of council Jon Snyder.

As if losing the ethics complaint were not enough, both McCleaster and Mueller lost in the election to their respective opponents.

While the Elections Commission decision was made by the commission on November 4th, the actual orders were not issued until December 19th.

Here is an extract of the order made in McCleaster's case:

On Monday, Warren Price ("Of Counsel":  Allen Schulman and Associates) filed on a pro bono (the SCPR is told) basis an appeal of both the McCleaster and Mueller decisions.

Focusing on once again on McCleaster (so far as the SCPR can determine, a identical filing was done in the Mueller case), here is a copy of the Notice of Appeal (Note:  Source of document is the Franklin County Court of Common Pleas website):

Interesting, no?

Here you have two Stark County citizens who having had the disappointment of losing elections but who are determined to be vindicated on their belief that they did nothing wrong in publishing the campaign literature that they did.

Here is McCleaster's full press release commenting on the filing:

Media Contact
Jamie McCleaster
+1 330 806 7381
Rmccleaster@aol.com
FOR IMMEDIATE RELEASE:

1/3/2014

FORMER CITY COUNCIL CANDIDATE TO APPEAL OHIO ELECTIONS COMMISSION DECISION OVER CAMPAIGN LITERATURE

North Canton – Attorneys for North Canton resident and candidate for Council At-Large in last November’s election, Robert J “Jamie” McCleaster filed an appeal Friday in Columbus against the Ohio Elections Commission over a ruling in regards to McCleaster’s campaign literature. 

The week before the November 5, 2013 election, McCleaster’s opponent, North Canton City Council Vice President Marcia Kiesling filed two complaints with the Ohio Elections Commission. 

Her complaints were in regards to McCleaster listing Kiesling’s public meeting attendance rate of 72%, which was later found to be accurate by the Commission, and his wording used to describe ordinance 47-13 which granted raises for the city’s elected officials upon the start of the new term in December. The verbiage around the raises was deemed to be false, the appeal calls that decision into question.

When asked why he’s pursuing the appeal McCleaster said, “I still firmly believe that the words I chose for my campaign literature are accurate. I’m appealing this solely to right the wrong, and fight for what I believe is right!”

Robert J “Jamie” McCleaster is a lifelong (3rd generation) resident of North Canton, and a graduate of Hoover High School and The University of Akron. An engaged North Canton resident, Jamie has been active within the community for many years, serving on city committees and as the President/Board member of the North Canton Jaycees. Jamie lives on Pierce Ave with his wonderful wife Katie, their daughter Hailey, and son Jack. 

For more information, please visit www.facebook.com/mccleaster. 

While the Stark County Political Report does not take a position on the merits of the contest between Kiesling/McCleaster and Snyder/Mueller, the Report is impressed that McCleaster and Mueller believe so much in the rightness of their case that they are willing to forge ahead seeking vindication of their legal position.

Moreover, Warren Price ("Of Counsel, Allen Schulman and Associates [Schulman is Canton City Council president]) is to be commended for providing free legal representation.

One the confusing things about Price's work for McCleaster and Mueller in the original hearing is the effort (reportedly by Sndyer) to challenge Price's right to represent.  Sndyer, as the SCPR understands his position, is said to be saying that because Price had accepted employment (which turned out not to be the case) that a conflict in interest existed and that therefore Price should not be permitted by the Elections Commission to represent.

The SCPR lauds Price for pressing ahead and providing McCleaster and Mueller with their right to defend themselves in our democratic-republican system of government.

Of course, the SCPR, like no other Stark County media, will stay with this case so that Stark Countians can see it it progress - in all its detail - to the end.

BREAKING NEWS! NORTH CANTON ELECTION VIOLATION CASES UNDERWAY!

UPDATE:  3:27 PM

The SCPR's source tells me that the Ohio Elections Commission did find Hillary Mueller and Robert "Jamie" McCleaster to have violated Ohio election law as complained of by North Canton Councilman Jon Snyder (Ward 4) and Marcia Kiesling (at-large) with respect to "the pay raise issue."

However, this preliminary (unofficial) report is to the effect that neither Mueller nor McCleaster were fined nor is the Commission reported to have referred the complaints for prosecution.

UPDATE:  1:37 PM

The Report has learned that there is a "hitch" in proceeding with the hearings on the Snyder (Mueller) and Kiesling (McCleaster) complaints before the Ohio Election Commission.

The SCPR is being told by a third party source (i.e. NOT Snyder, Kiesling, Mueller or McCleaster) now confirmed by a second third party source that a question has arisen (at the suggestion of Jon Snyder) as to whether or not legal counsel retained by Mueller and McCleaster to represent them in their respective hearings (former Canton safety director, services director and chief-of-staff Warren Price) has a "conflict-in-interest" and therefore should not be permitted to represent Mueller and McCleaster in the proceedings before the Commission.

The Report is being told that North Canton offered Price the job of being its Water Treatment Plant director some weeks ago and that city officials are under the impression that Price is set to take the job.

The Report is further being told that Price is saying that he rejected the job two weeks ago and therefore is taking the position that there is no conflict.

Price works at the law firm of Allen Schulman & Associates and The Report is told that he is happy with his current employment status and has no intention of going anywhere.

The Report's understanding is the question of conflict-in-interest or not is to be decided by the entire panel of the Ohio Election Commission.

Should there be a finding of a conflict, it appears that the hearings may be put off until another day.

Of course, election day is tomorrow.

One of The Report's sources is saying that Snyder and Kiesling are not represented by legal counsel.

UPDATE:  1:12 PM

Hearings have been delayed from this morning until at least this afternoon.

The Report is further being told that Tim Fox (North Canton's law director) is saying that his presence is that of merely being an observer and that he is at the hearing on his own time.

ORIGINAL POST

The Stark County Political Report has just been informed that Jon Snyder (Ward 4 and council president) and Marcia Kiesling have appeared at the Ohio Elections Commission this morning for hearings on their complaints against opponents Hillary Mueller (Snyder's Ward 4 opponent) and Robert "Jamie" McCleaster (one of Kiesling's at-large opponents)

Snyder and Kiesling have alleged election law violations and last Thursday the Commission found "probable cause" to inquire further into both Snyder's and Kiesling's allegation that Mueller and McCleaster knowingly (or, alternatively, in "reckless disregard of the truthfulness)  made false statements that they had given themselves raises during their current term as council members.

It is a violation of Ohio and North Canton Charter law for such to happen.

The raises voted by council in July of this year do not begin until the "newly elected" council takes office on December 1, 2013.

However, both Mueller and McCleaster deny that such (current council members voting themselves an in-term pay raise) was the import of the complaint-targeted campaign literature statements.

Curiously, the SCPR has been told that North Canton Law Director Tim Fox is appears to be with Snyder and Kiesling.  However, The Report's source did not specifically know at the time of the contact exactly what Fox's role would be.

Here is a LINK to a prior SCPR blog on the controversy.

As reports come in from Columbus, the SCPR will, of course, pass them on to SCPR blog readers.

Check back for updates as they come into the SCPR.

NORTH CANTON'S POLITICAL FIGHT: SNYDER (INCUMBENT) & KIESLING (INCUMBENT) VERSUS MUELLER & McCLEASTER; ARE THE INCUMBENTS RUNNING SCARED?

The SCPR in today's graphic uses the expression "probable cause" in a political sense.

And The Report believes that it is unlikely that North Canton Ward 4 Republican councilman Jon Snyder (the current president of North Canton City Council) will be replaced by challenger Hillary Mueller.  Snyder has been a councilman for some 15 years.

The same SCPR analysis goes for Republican Councilwoman Marcia Kiesling (at-large).  She has been on council about 10-1/2 years.

However, smart politicians run scared or they may find themselves on the outside looking in.

It appears that Snyder and Kiesling have no intention of giving up their seats and they are doing their "political - due diligence" to prevent a surprise come Tuesday's election.

Recently, Snyder (October 25th) and Kiesling (also October 25th) sent complaints to the Ohio Election Commission (Commission) asking it to find that Mueller and McCleaster had violated Ohio Revised Code Section 3517.21, to wit:

3517.21 Infiltration of campaign - false statements in campaign materials - election of candidate.

(A) No person, during the course of any campaign for nomination or election to public office or office of a political party, shall knowingly and with intent to affect the outcome of such campaign do any of the following:  

... 

(10) Post, publish, circulate, distribute, or otherwise disseminate a false statement concerning a candidate, either knowing the same to be false or with reckless disregard of whether it was false or not, if the statement is designed to promote the election, nomination, or defeat of the candidate.  ... .

SNYDER'S COMPLAINT

The Mueller campaign piece that prompted Sndyer to file his complaint, to wit:

Mueller's campaign literature generated a two pronged Snyder complaint:

• One being that she knowingly and falsely or with reckless disregard as to the truth or falsity of her statement said in campaign literature mailed to residents of North Canton's Ward 4  that North Canton generated a $700,000 deficit (in year 2013 of Snyder's two year December 1, 2011 through November 30, 2013) whereas Snyder says (in a statement to the SCPR) that the actual number when published after January 1, 2014 will show about a $350,000 surplus.
• On this aspect of the complaint the Ohio Election Commission (at a hearing conducted Thursday, October 31st in Columbus) found "no probable cause" on Candidate Mueller.
• A second one being that Mueller falsely (or according to the "reckless disregard standard") - if believed - indicated that Snyder had voted in favor of a raise in year that caused him and other council members to receive a raise in the current term year 2013 (prior to December 1, 2013; the beginning date of the 2014 - 2015 new council).  
• Such a raise, if it occurred, would be a violation of Ohio and North Canton charter law.  (Note:  such a raise, did not, in fact, occur).
• On this aspect of the complaint the Election Commission did find "probable cause" which means that the Commission will consider additional evidence and arguments in a hearing set for Monday morning in Columbus.

 KEISLING'S COMPLAINT

 

The McCleaster campaign piece that prompted Kiesling to file her complaint, to wit:

McCleaster's campaign literature generated a two pronged Kiesling complaint:

• One being that he knowingly and falsely or with reckless disregard as to the truth or falsity of her statement said in campaign literature mailed to residents of North Canton's at-large voters that Kiesling had an council attendance rate of 72% whereas Kiesling says that the rate is actually 83%.
• On this aspect of the complaint the Ohio Election Commission (at a hearing conducted Thursday, October 31st in Columbus) found "no probable cause" on Candidate Mueller.
• A second one being that McCleaster falsely (or according to the "reckless disregard standard") - if believed - indicated that Kiesling had voted in favor of a raise in the current term year 2013 that caused her and other council members to receive a raise in year 2013 (prior to December 1, 2013; the beginning date of the 2014 - 2015 new council).  
• Such a raise, if it occured, would be a violation of Ohio and North Canton charter law.  (Note:  such a raise, did not, in fact, occur).
• On this aspect of the complaint the Election Commission did find "probable cause" which means that the Commission will consider additional evidence and arguments in a hearing set for Monday morning in Columbus.

WHO IS RIGHT & WHO IS WRONG?

In terms of a finding, of course, that is the job of the Ohio Election commission.

At the hearing on Thursday (October 31st) in Columbus, it is interesting that neither Snyder nor Kiesling showed up.

The Report is told that Snyder sent his wife Kathy Lewis and a CPA (certified public accountant) but that neither was allow to speak on behalf of Snyder inasmuch the Commission only allows the complainant or a complainant's attorney to argue on the complaints.

However, Mueller and McCleaster did appear and are said to have advocated their respective positions for about 10 minutes each.

As indicated above, the result was a finding of "probable cause" to go on to further hearing on the "pay raise issue."

The SCPR has spoken with all the parties:  Snyder and Mueller; Kiesling and McCleaster.

Only McCleaster has provided a written statement, to wit:

One of my opponents Marcia Kiesling levied two complaints against me in regards to my campaign mailer in a filing with the Ohio Elections Commission.  The first complaint was due to me listing Mrs. Kiesling’s public meeting attendance rate of 72%.  This information was verified and found to be accurate by the Ohio Elections Commission in a hearing in Columbus on Thursday October 31st.

Her second complaint involved ordinance 47-13, the ordinance council passed by emergency, that granted pay raises for the city’s elected officials.  It is important to note that NO violation has been established, and I fully intend to attend a hearing in Columbus on Monday morning as I firmly believe that I did nothing wrong, and that I told the truth.  The facts are, Marcia Kiesling is running for re-election and will most certainly take full advantage of the pay raise for elected officials, that she voted for, if she were to be re-elected.  That was all that I was trying to get across in my campaign mail piece, I was opposed to the raises when passed, and I’m opposed to them now.

I’m looking forward to returning to Columbus on Monday so I can get this issue behind me, and move on to what really matters, being present and available to the residents of North Canton in the final days of this election, and working on the issues that matter to them!

As is the SCPR's policy, should Snyder, Kiesling and Mueller elect to submit a written statement, The Report will print it in full.

My main recollection of my conversation with Jon Snyder is that he stands by his complaint and filed the complaint because he feels that false allegations need to be met head on.

Kiesling also stands by her complaint and was heartened by the finding of "probable cause" in light she says "that last year there were 24 complaints filed" with the Ohio Election Commission and "there were no 'probable cause' findings."

She refused to discuss the aspect of her complaint (her attendance factor) which the Commission refused to find "probable cause" on saying there was no point in doing so in light of the Commission not finding "probable cause."

Mueller says she did not make any representation in her campaign literature that Snyder or any other council member would receive "a mid-term" pay raise and that she made a "good faith" point on the basis of information she received from North Canton city government sources that the city would be running a $700,000 deficit for 2013.

To sum it up, Snyder and Kiesling are buoyed by the Commission finding of "probable cause" on "the pay raise issue" whereas Mueller and McCleaster are confident that in the end they will be exonerated of having committed a violation of Ohio election law.

THE POLITICAL EFFECT

While both Snyder and Kiesling appear to the SCPR to be quietly comfortable that they will be reelected.

And on the other side of the equation Mueller and McCleaster are of the hope of being elected.  However, both seem to understand that unseating incumbents like Snyder and Kiesling is not really what one expects.

It is interesting to the SCPR that Snyder and Kiesling elected to file the complaints.

Unfortunately, campaign literature - as a matter of course - is rife with questionable assertions that could be the subject of Election Commission consideration.

Some politicos believe that any publicity (even negative publicity) is good for them in that it gets them free publicity.

Canton's area newspaper is covering this story as is the Stark County Political (but, of course, in much more detail and with political "import" analysis included).

If one embraces the political adage "any publicity is good for a publicity) then perhaps Mueller and McCleaster will benefit come Tuesday's election.

For they are not nearly as well known as Snyder and Kiesling and so, if nothing else, voters in their respective voting districts will now have a better take on Hillary Mueller and Robert "Jamie" McCleaster.

And if they are found on Monday "not to have violated Ohio election laws" it will be "all the better" for them, no?

Could it be that come the results on election night that both Snyder and Kiesling "will be kicking themselves" for having provided Mueller and McCleaster with a springboard for an election majority?

The SCPR does not expect a Mueller and McCleaster election.

But it does seem that their chances are better "post-complaint" than had no complaint had been filed.

If either Snyder and/or Kiesling lose, that they filed the complaints at all is a credit to them for it does appear - whether or not one agrees with the positions or not - that they were operating on "the principle of the thing" in believing that they were wronged.