CONTINUING SERIES: REDISTRICTING, "GETTING TO 'ONE PERSON—ONE VOTE'"

UPDATED:  MONDAY, JUNE 26TH

LINK to First in Series of Blogs on Redistricting

June 12, 2017

During the days that I was a registered for voting purposes as a Democrat and highly active (2002 through early 2008) in the Stark County Democratic Party, I was astonished at the factionalism and infighting that I observed within the officialdom of the party.

There were the Maier/Jackson Democrats, the Perez Democrats, the Healy Democrats, the Ferrero Democrats, the union democrats, the Swanson Democrats and on and on the list of political personality centered Democrat went on—seemingly, unending.

Shifting factional alliances have been the order of the day among "organized" Democrats as a way to elect one of their own to public office countywide and in the political subdivisions in Stark County.

Nonetheless, for most of that span the Dems completely dominated non-judicial countywide office.

But it was a different picture at the state and federal level of elective office.

From 2000 on (earlier at the congressional level and Ralph Regula and Frank T. Bow before him), Stark and Ohio "organized" Democrats have fallen on hard times in terms of parity vis-a-vis Republicans in gaining elective office.

Only in 2006 and a nationwide Democratic year and evidenced in "the man from 'Duck Run'," namely; Ted Strickland did the Dems gain pretty much "across the board" statewide elective office.

Although Summit Countian Barbara Sykes eked out fellow Summit Countians Mary Taylor in Stark, Taylor won statewide.

However, despite the statewide Democratic candidate landslide success, Stark "organized" Democrats were unable to take advantage of the Democratic statewide blowout.  (Note:  Regula won district wide)

Although The Stark County Political Report is committed to getting Ohio's legislative districting schemes configured to competitive (meaning, by the district registered voters makeup,  either the GOP or Dems could win depending on the issues and qualities of the candidates), nobody should think that the lack of competition is necessarily only owing to Republican engineered gerrymandering to their advantage.

I think that lackluster party leadership, internal bickering and factionalism, pedestrian candidates and the like may well be determinative of the Dems poor performance in Stark-connected legislative races than perhaps districting gerrymandering favor the Republican candidate.

On  June 25th, the Cleveland Plain Dealer (Cleveland.com) which has been doing superlative coverage of a new redistricting effort aimed at Ohio's congressional districts assesses that even if  (according to an Associated Press analysis), an initiative by civic effort Fair Congressional Districts for Ohio, is approved by voters in November, 2018, Ohio will not over the long haul of implementing the legislation achieve parity, more or less,  between Republican/Democratic legislator representation in Washington and Columbus, to wit:

An interesting finding in light of an April 17th article which suggested that gerrymandering was the overarching reason that today Republicans control 12 of 16 congressional seats and a supermajority in the Ohio House and Senate.

The SCPR sees evidence supporting the notion that in Stark County it is not only gerrymandering being a factor in being causative for the competitive imbalance between Rs and Ds in D.C. and at the statehouse.

Additional reasons include the political ineptness of  (see the graphic above on how "to be non competitive" the Stark Dems have been in legislative races in recent years) and a self-serving nature of the leadership of the Stark County Democratic Party.

I think that one of the best opportunities that Stark Dems had a pretty decent chance of wrestling away of the Republican-held 50th Ohio House seat (since 2000) would have been had then Plain Township trustee since 1992 had Giavasis decided to take on political neophyte and Republican Christina Hagan running to be "retained" as state representative (originally appointed by the Republican House Caucus on March 2, 2011).

Parts of Plain Township in the wake of 2010 U.S. Census reapportionment were placed in the resulting new configuration of Ohio's 50th House District.

Plain is Stark County's largest township with a strong Democratic Party registration.

As pointed out above, Giavasis had been at that time trustee for many years.

Giavasis was not a wallflower trustee as so many of trustees are.

He over his years as trustee had engaged a number of high profile issues like:

• a 2008 fight over a projected AEP/Ohio Power rate increase,
• the Oakwood Square viability issue and the lease-going-forward-stranglehold that grocery chain Giant Eagle had on Oakwood in keeping a successor/competitive grocery story out of the Plain Township mall, and 
• being the lead public official not only in Stark County but all of Ohio in trying to affect the way fracking (also denying fracking on township property) in Plain Township.

Both issues brought him plenty of media ink including numerous blogs by the SCPR.

A truism in politics uttered by many of a politician is something along the lines:  "I don't care what you write (positive or negative), just spell my name right."

Although I had and continue to have a lot of reservations about Giavasis as a quality public official, in the interest of political balance in the Ohio Legislature, I encouraged him to take on incumbent Christina Hagan in the 2012 election.

"You know, I know, and everybody knows" that the first time out for elective office is the time to try to defeat an incumbent politician.

Apparently, Louis Giavasis didn't know.

Or, he knew:

• that ultimately, when Nancy Reinbold retired as Stark County clerk of courts (a position I think she "inherited for safekeeping" from Louis' brother Phil [now Stark County Democratic Party chairman]), he had a "sure fire" position awaiting him as a Reinbold successor clerk of courts because of his brother's influence as party chairman and so, 
• to borrow from two chairmen ago Stark Dems chairman Johnnie A. Maier, Jr (the real power in the party, to this day), "Why would I do that," that is say:  
• exchange a chancy thing (e.g. running for the Ohio House against an incumbent) 
• for a sure thing (being in line for appointment as clerk of courts)

Giavasis was also floated out as a potential candidate for Stark County commissioner in the 2010 elections on the heels of what Stark County civic activist Craig T. Conley has termed as being "Zeiglergate."

Perhaps both of the foregoing considerations amount to what a well known national politician would characterize as being "fake news" done to dissemble on Louis' real objective.

One could think on the basis of the AEP/Ohio Power, the Oakwood square activism and his "first out-the-box" elected public official to flirt with being anti-fracking that Louis might want be "the first" to go up against gerrymandering as a public service in the interest of giving some reality to the basic democratic-republican value of:  one person, one vote.

In hindsight, I think Louis Giavasis is just as self-serving political as brother Phil, Johnnie, Kim, Jamie (Healy),  John and Tim; notwithstanding his flirtations with being a civic minded politician as spelled heretofore in this blog.

Stark County does has its own "political" swamp in emulation of Washington, D.C., which, of course, hasn't change one iota with the election of a Republican president.

While this particular blog focuses on the Democrats, you can bet your bottom dollar that Stark's "organized" Republicans who hold elective office are equally adept at looking a political party interests and personal political interests above the public interest(s).

I think that Louis' flirtations were just that and not to be taken seriously.

Interestingly enough,  the "sure thing" turned out to be not so sure.

In November, 2015 Ohioans passed an amendment to the Ohio Constitution which sets up a new process by which Ohio's legislative districts  (i.e. the Ohio House/Senate) will be configured.

However, there will be no new districts at the very earliest until the 2022 election for the Ohio legislative.

The Democrats current romance with the Fair Congressional Districts for Ohio is grounded in hope against hope that they can use whatever reapportionment formula might come henceforth if Ohioans approve the Fair Congressional District for Ohio measure to recover majority political status across America.

Who thinks that "organized" Democrats down deep in their beings care one bit about being fair in politics?

"I know, you know, and everybody knows" that a sizable number of Americans apparently do not.

Slowly but surely more and more Americans are opting out of participating in our democratic-republican processes as evidenced by the fact that 45% of registered Americans did not vote in the 2016 presidential election.

If our democratic-republic eventually fails, it will be of  death by "a thousand (millions of?) cuts" a large part of which are administered by disingenuous local politicians.

It will not be the politicos who reverse the public skepticism and cynicism.

Reversal and recovery, if it comes, will be at the hand of groups like the Fair Congressional Districts for Ohio!

It appears that for the most party "organized" political parties and many of their candidates (elected and unsuccessful) do not have a "civic" bone in their structure/bodies.

The only "pathway to 'political' salvation" will be with those organizations and citizens who fight for the public interest over the parochial interests.

STARK CLERK OF COURTS: GIAVASIS - THEN - REINBOLD - BACK TO GIAVASIS?

Answer:  YES!

So The Stark County Political Report thinks.

The Report has been writing for the better part of two years that Reinbold has been contemplating retirement as Stark County clerk of courts and predicting that there would be a Giavasis to Reinbold to Giavasis cycle materialize.

Nancy Reinbold got the job in the first place on the recommendation of her former boss Phil Giavasis when he in 2008 prevailed on the Stark County Democratic Central Committee (Johnnie A. Maier, Jr. the-then chairman of the Stark Dems) for the area covering the Canton Municipal Court District to appoint him to succeed retiring long time clerk of courts Tom Harmon.  Harmon himself went on to be a Stark Dems' appointed county commissioner.;

Jumping from the county to Canton brought Phil Giavasis substantially more annual income which of course builds into a much more lucrative retirement.

Some Stark Countians thought that the Phil Giavasis vacancy was open for the general Stark County public to apply for.

One such person was Lawrence Township trustee Mike Stevens.

From a May 1, 2008 SCPR Blog:

[W]hen Lawrence Township Trustee Michael Stevens heard of the apparent vacancy; he went and talked to Giavasis to express an interest in succeeding Phil.  

As Stevens tells it, Giavasis became visibly annoyed and upset that Stevens would be interested. 

Apparently, Phil had let it be known through Stark County Democratic Party chairman Johnnie A. Maier, Jr., that he already knew who his successor would be and that person would be Nancy Reinbold (wife of retiring Stark County Court of Common Pleas judge Richard Reinbold).

One has to believe she has been a mere caretaker for Family Brothers Giavasis until the brother Louis of her benefactor Phil could put himself in a credible position to succeed her.

She gave Louis his start in 2008 after she took over.

A thank you to Phil for recommending her for the job?

Of course, Ohio law prevented Phil himself from hiring a relative.

Undoubtedly, Nancy has a "best person available" story on her hiring of Louis Giavasis someone like Democrat Stark County recorder Rick Campbell had at the ready when he hired politically connected Kody Gonzalez as his chief deputy.

There are many, many inside jobs in Stark County Political subdivision government involving both the Stark County Democratic Party and the Stark County Republican Party.

For the most part, the Stark County taxpaying public can forget applying for Reinbold type jobs that come open.

What audacity! A politically unconnected person applying for a taxpayer paid for job?  You have to be kidding, no?

The foregoing thinking, The Report believes, is typical entitlement thinking that many leaders of Stark County political subdivision governments engage in.

One of the funniest "hiring politically connected" persons for taxpayer supported  took place when Stark County Board of Elections (BOE, Board) director Jeff Matthews appeared at county commissioners' work session to discuss the BOE's 2014 budget.

In the discourse, Matthews let it be known that the Board would be soon hiring some new personnel.

Would the BOE, Commissioner Regula wanted to know, be posting the positions?

As a matter of Ohio statutory law, the Ohio General Assembly has made the guardians of the integrity of our democratic-republican elections a partisan political structure.

This morning beginning at 09:00 a.m., we witness Commissioner Thomas Bernabei's attempt to get certified as an independent candidate for mayor of Canton at the BOE headquarters located at 3525 Regent in Canton.

Next Monday morning, it will be former Massillon mayor Frank Cicchinelli, Jr attempting to get certified to run as an independent for mayor of Massillon.

To say the least, independents are not favored by either the the Democrat or Republican BOE members and both Bernabei and Cicchinelli have a tough road ahead of them.

And to say it again, the Republicans and Democrats have no problem at all using your money and my money as members of the taxpaying public to support perpetuating themselves and their inside-the-political-beltway-connected friends in office.

No wonder that increasing numbers of citizens are opting out of our democratic-republican system even at the basic level of voting.

The Report believes that the office holding Reinbolds, Matthewses, Giavasises, Harolds, Maiers, Zumbars, Harmons and their ilk are slowly but surely eating away at the public's confidence in the integrity of local institutions of government in terms of the general public's access to taxpayer supported jobs which over time will coalesce with other "the public be damned attitudes" on the part of elected officials and thereby undermine the health of our cherished democratic-republic.

Undoubtedly, these folks will be pointing the finger at others as it becomes more and more apparent that public support for the the American government as administered in waning.

No mirrors allowed in the offices of these folks!

The Stark County Political Report loves the reported magnanimity of Louis Giavasis.

If he gets appointed to succeed Reinbold, he is going to resign as Plain Township trustee.

What a terrific guy this Louis Giavasis is, no?

Selflessness personified, no?

(ENCORE VIDEO) VOLUME 3 (SERIES) GENDER DISCRIMINATION IN STARK COUNTY?

UPDATE:  11:49 AM

Louis Giavasis has contacted the  SCPR to make a new point about the closeness of his salary to Jodi German's notwithstanding the fact that she is some 20 years senior in service to him at the Stark County clerk of courts.

Giavasis says that he receives $2,600 extra a year in compensation because he does not participate in the county health care system.

Such, in Giavasis' assessment, makes the disparity between his pay and German's more like $3,600 that the "on-the-face-of-it" $1,000.

As the SCPR always does, this Giavasis input is published for the consideration of the readers of The Report.

The Report does not agree with Giavasis' take on the significance of this additional payment.

It is to be pointed out that he receives health care coverage through his employment as a Plain Township trustee.

From a total taxpayer perspective (Stark County and Plain Township taxpayers), it seems to The Report that Giavasis with the "extra" county-paid $2,600 for not getting benefits that "in reality" he gets elsewhere from taxpayers has an advantage that maybe nobody else in Stark County government receives.

So as The Report sees it, Giavasis should not be perceived as suffering a deprivation (no county health care benefits) that is not made up for by another group of Stark County taxpayers.

"ENCORE" VIDEO

Commissioner Richard Regula

on

Job Posting

at

the

Stark Co. Board of Elections

ORIGINAL BLOG

The Stark County Political Report began a new series two Mondays ago with Volume 1 with an examination of "the commissioners office," "the Stark County treasury" and "the recorder's office."  Last week in Volume 2 the perusal was of the county auditor's and prosecutor's office.

SCPR Note:  After last week's blog, Auditor Harold came looking for me on Tuesday as The Report was attending a Stark County commissioners' work session:

• Harold screamed out how upset he was with last Monday's blog.  "It, he said, makes us (apparently referring to blogs in general to date on the gender question) look like a bunch of sexists."

• The Report's response:
• Of course, as readers know,  the SCPR's focus was "on the numbers."
• "The numbers do not tell the full story," he said and then without outright calling me a liar, recited a version of the adage:  "figures to not lie, but liars figure."
• The Report's response?
• "Submit your version of the matter, and, I promise I will publish each and every word of it."
• To date, not a word!
• However, the SCPR on The Report's initative did supplement that blog to include a denial of knowing a certain employee who was alleged by an SCPR reader as being a Harold favorite.

For the record, the SCPR has written many "favorable to Alan Harold" blogs.  And, for that matter ditto for Stark County treasurer Alex Zumbar.

Moreover, the SCPR thinks well of Louis Giavasis (who comes in for some criticism in today blog).  Giavasis without a doubt is Stark County's best township trustee (Plain Township)

But as readers of The Report know, when it comes to the SCPR telling it like The Report sees it, whether there is a like, dislike or "not feeling one way or another" about a given Stark County political subdivision official does not enter into The Report's analysis.

The SCPR wears attacks like Harold's as a "badge of honor."

Today, The Report takes a look at the Stark County clerk of courts and the sheriff's department of local government.

The prompt for engaging this series was an article which appeared in the Dayton Daily News on April 19th wherein "the average pay gap between men and women in the offices of four of Ohio’s five elected statewide officials has grown as high as nearly $10 an hour, while across state government the gap has shrunk to an average of 86 cents an hour ... ."

The Report has received plaudits from female county workers for having delved into this examination.

Also part of The Report's analysis along the way is whether or not the elected office holders are engaging in what appears to be patently political (male or female) employment practices.

But the primary focus is on the gender factor.

A primary document to be familiar with for anyone who cares whether or not American women are treated equally in the job market is in the Equal Pay Act of 1963.  However, the fight for fairness for more than half the American population continues inasmuch as the fact of the matter is that the 1963 act has not resulted in pay equity for women.

Still, in 2014, on average, women are paid 79 cents for every dollar that men are paid in the American workplace.

Of course, the law is one thing.

The underlying facts of the rampant discrimination and hardship that American women from the early 1600s on have had to endure and thereby necessitating the 1963 law is something that we all should familiarize ourselves with.

The SCPR just completed reading Gail Collins' America's Women and recommends that readers of this blog series take time to read.

For anyone who thinks that our great nation has overcome this blight, needs to think again.

In 2009, population demographics showed that women outnumbered men 158.6 million to 151.4 million.  And there is no reason that the tilt to a distinct majority women is not growing.

One danger in citing national statistics is that you, I and our neighbors might think that here in "good ole Stark County" there is very little if any gender employment discrimination going on.

Already, the SCPR believes that this blog's series is showing that the fact of the matter is that there are pockets of real and substantial differences in how men are paid depending on what department of Stark County government one is looking at.

Of course, the only place that information is readily available to assess is in government.  There is no right to obtain data from the "private sector" as to what the pay scales are between males/females as there is in the public sector. Accordingly, we have no choice but to rely on national statistical studies to get a feel for what is going on locally among privately owned entities.  And there is no reason to believe that the Stark County private sector varies significantly from the national scene.

Today, first turning to the Stark County clerk of courts.

The Report's assessment of how well Clerk Nancy Reinbold is doing on the equity front is "so-so."

As can be seen from data (as of April 18th) as obtained from the Stark County auditor's office, in terms of opportunity, it "seems" that it is abundant for Stark's women.

Nearly all of the department's employees are women.

So, terrific, no?

Not really.

The predominance of women may and the SCPR thinks likely means that men are not interested in the relatively low paying jobs that women hold en masse within the clerks' office.

Perhaps more disturbing is the obvious statistical fact that of the top five (5) jobs; four (4) of them are held by men.

While a woman has the top paying job, even this fact should be of little comfort to those of us who are looking for pay fairness.

The two division heads, Jodi German (legal) and Louis Giavasis (title) are paid nearly the same. Giavasis says the only reason German is paid even about $1,000 more than him is because she has been put in charge of implementing a new "e-file" program for the Stark County Courts of Common Pleas.

Impressive in terms of "equal pay," no?

Not really.

German has been working at the clerk's office since 1987 whereas Louis Giavasis (brother of Reinbold's immediate predecessor Phil Giavasis) has only been with the department since 2008.

By Ohio law, Louis is not allowed to work for Phil.  But once Phil is gone, who appears?

And that's not all.

Had he wanted it and if they (the Giavasis brothers) were willing "to take the political heat" (i.e. the adverse media publicity that surely would have followed) if the Stark County Democratic Party Central Committee (SCDP-CC) had been prevailed upon to appoint Louis, The Report thinks it is probable that Louis could have had the job and Nancy Reinbold would have finished out her clerk of courts career as the chief deputy clerk of courts.

Louis in a conversation tried to promote to the SCPR the German factor vis-a-vis himself as being proof that Reinbold is committed to equal pay for equal work/qualifications.  She may be.  But this is hardly an incident of proof of such a commitment.

The Report's question to Giavasis?

Tell me Louis, if you were the one who had worked in the clerk's office since 1987 (more than 20 years senior to the person who had a parallel job title), do you think that you would be paid the same?  Do you think that seniority should count for nothing?

Giavasis said "Oh, but when German got promoted to division head" (when Reinbold got the Stark County Democratic Party Central Committee appointment when Louis' brother Phil decided to run for the higher paying Canton Municipal Court clerk's job in 2007) "she got a $14,000/$15,000 pay increase."

That in Louis' mind made everything copacetic in terms of pay equity.  Never mind that German was trapped for years in low paid women's work before breaking through the "glass ceiling" that appears to have been in place at the clerk's office long before Nancy Reinbold took over.

Undoubtedly, Reinbold was one of the top paid employees while Louis' brother Phil was in charge, but like German, it is likely that she was one of the few if not the only woman in the top five.

Another category to look at is the part-time category.

Who has the top part-time pay rate among the clerk of courts office employees?

Go figure!

Louis fellow trustee in Plain Township, one Al Leno.

Hmm?

And get this.

He is paid $14.71 per hour whereas "Alexis" Clapper (who has more seniority) is paid $8.16 per hour.

Louis Giavasis had an answer for this one, too.

He claims that Clapper is not a county employee but one that the department hires from a  "temporary" employment agency.

Really?

And Auditor Alan Harold has her listed as being a county employee.

The Report will check with Harold today and amend this blog, but I am saying it now that "I don't think so."

Louis is not making that "spin" for the other lesser paid part-timers (e.g. Heather Lutton at $9.07 hourly).

And Heather Lutton outranks Leno in terms of seniority even more than Clapper.

What should distress the female employees of the clerk's office is that Louis Giavasis is highly likely to replace Reinbold when she finally decides to retire which the SCPR thinks will sooner rather than later.

Given his justifications of "what is," it appears to The Report that he thinks nothing needs to fixed "over time."

But his clout within the Stark County Democratic Party is such that The Report thinks it is pretty much a given that he will be Reinbold's successor whenever she moves on.

A final note.

There are a number of names in the clerk of courts payroll (other than Louis Giavasis himself) that jump out at the SCPR, to wit:  Runion, Young, Mallonn, Yost and, of course, Leno.

Jump out?

Yes, these are names that The Report recognizes as being related to other Stark County political subdivision employees.

Doesn't necessarily mean that there was a political factor in the hire somewhere along the line one way or the other, in one direction or another, but it does raise questions no?

Turning once again to Louis Giavasis and The Report's discussion with him about this phenomenon.

The Report asked him about some the more recent hires as to whether or not the jobs were posted.

Answer?

No.

He went on the explain that the clerk's office gets a steady stream of applications and whenever there is a vacancy the office merely goes through the backlog of applications and considers from among them as to the replacement hire will be.

Hmm?

While the SCPR appreciates Giavasis' overall candor, pardon The Report if it is taken as being laced with just a tad of disingenuousness.

The Stark County Clerk of Courts office is supported by the Stark County taxpaying public, no?

Wouldn't it be in order for jobs as they become available to be posted so that you and I have an opportunity to apply for these jobs?

Sounds a little bit like the question Commissioner Richard Regula asked Stark Board of Elections chief Jeff Matthews (which drew guffaws galore) as to whether or not the BOE was going "to post" for general public availability Matthews point of information that the BOE was about to hire four new hires.



Next up is the Stark County sheriff's office.

And, of course, one of the SCPR's very favorite Stark County county department of government heads (for the uninitiated, "sarcasm, folks, sarcasm!")

First the good news.

Because most of the employees of the sheriff's department are represented by unions, there is very little that Maier has been able to do in terms of hiring practices that have a gender/political aspect to them.

Most of the gender deficiencies, which there is a boatload of in terms of numbers of females in "top-of-the-line" police officials (captains, lieutenants [none, absolutely no women!] and sergeants [darned few!]), and numbers of women in deputy/correction officer positions appears to the SCPR to be attributable to the recruiting practices of his immediate predecessor Timothy Swanson and even beyond Swanson to the sheriff who served before him.

Just take a look at the blue and pink dichotomy.

(SCPR Note:  Where The Report had questions on the basis of the first name as to the gender factor, neither the color blue or pink was applied)

For those readers who do not like unions, one thing the SCPR thinks they have going for them is ensuring that gender is not a factor in pay level, once one qualifies for a job in a given category.

As far as Maier is concerned on the gender matter (Republican Larry Dordea, if he defeats Maier in November's general election) is the development of - over time - of a female cadre of captains, lieutenants and sergeants.

On the political front, Maier has shown the SCPR that he has a retaliation side to him (Duffrin) and he needs to have an out-and-out loyalist seemingly at his beck-and-call (Loy).

The SCPR has written a number of blogs on the SCDP-CC appointed sheriff George T. Maier and his employment relationship with Vivianne Duffrin, (who dared to say she thought he was unqualified under ORC 311.01 to be sheriff), Lieutenant Tim George (now a captain) and Derrick Loy.

The Report thinks that George is pretty insecure guy (notwithstanding his historically impressive policing credentials) who cannot abide folks having differences with him in the discharge of his public duties and who, conversely, works on finding folks he appears to assess as being willing to cater to his every need.

Interesting, no?

Next week, the SCPR will be presenting Volume 4 - Gender (and political) Discrimination in Stark County's departments of government.

KASICH ADMINISTRATION BANS VIDEOTAPING OF A PUBLIC MEETING IN VIOLATION OF OHIO'S OPEN MEETINGS LAW?

UPDATE & CORRECTION:

In the original blog yours truly inadvertently referred to Bob Downing (the actual author of the article referred to) as being Bob Dyer.  A SCPR apology to Mr. Dyer for the error.

ORIGINAL BLOG

It is beginning to appear that Republican Governor John Kasich only favors democracy when it is convenient to his purposes.  Like being elected governor.

Last Friday, the SCPR reported (LINK) on the legislation that his administration ramrodded through the Ohio General Assembly to prevent Republican State Auditor David Yost from auditing Jobs Ohio (a private entity which has taken over economic development for Ohio). 

He was aided in passing the legislation by Stark County Republicans Scott Oelslager (R, Plain, the 29th Ohio Senate District), Kirk Schuring (R, Jackson, the 48th Ohio House District) and Christina Hagan (Republican, the 50th Ohio House District).

So much for transparency in government, no?

And speaking of Oelslager, who in large part has made his legislative reputation by authoring several bills beefing up open "public' meetings and thereby has been thought (until his anti-transparency co-sponsorship of the audit ban of Job Ohio) to favor public accountability; one has to wonder what he thinks of the activity of the Ohio Department of Natural Resources (ODNR) ban on basic democratic rights guaranteed by the United States Constitution, the Ohio Constitution and Ohio's Open Meetings law in its administration of fracking-related issues.

For a definition of fracking for those readers who are not familiar with the term,  here is a LINK.

And a disclaimer on the SCPR's position on the issue.

Yours truly neither favors nor opposes fracking.

The Report's tack is to require the oil and gas industry as a matter of law to provide bonds/insurances in amounts to that will pay for any accidents that occur with which to fairly and adequately compensate Ohioans who suffer damages on account an mishaps which happen.  Moreover, the industry needs to be required as a matter of law to compensate local government entities through bonds/insurances for any damages which is sustained as a consequence of harm done to local government owned and managed infrastructure (e.g.roads, bridges, water supplies and the like). Finally, the industry must be made by state/federal government rules and regulations to reveal to the general public each and every chemical they use in the fracking process.

No matter what a particular issue may be, The Report is committed to the enhancement of the processes and procedures of our democratic-republic.

It is seeming more and more that the Kasich administration is willing to sacrifice democratic principles to achieving command and control of its overall state government agenda as most recently evidenced by the shutting down of audits of Jobs Ohio and ODNR's "chilling" of democratic give and take in its interaction with the Ohio public over a range of fracking issues.

A full blown emergence of an anti-democracy tilt of the ODNR was apparent by November 28, 2012.

The SCPR can trace the beginnings of the ODND adversion to democratic dialogue on fracking issues way back to December, 2010/January, 2011 when Plain Township trustee Louis Giavasis sponsored public meetings on the issue at a Plain schools site (LINK).

According to a report by Columbus Dispatch (LINK) on November 28th,  the ODNR held, at its regional office on East State Street in Athens, a meeting which it termed to be "an open house" on an issue that some Athens Countians had with the issuance of an fracking residue disposal "injection well" permit.

Originally, the Athens County Fracking Action Network (ACFAN) had asked for a "public hearing, but were denied and ODNR substituted the "open house" which theACFAN folks termed as being an effort "designed to diffuse agency accountability and community solidarity."

On the 28th, some 50 people crammed into the ODNR provided room and promptly took control of the meeting from ODNR officials (including Stark County [Lake Township] resident and Chief of the Division of Oil and Gas Resource Management Rick Simmers), in an attempt to convert into a de facto public hearing.

Simmers' (appointed division chief by ODNR Director James Zehringer [who is, of course, a Kasich appointee]) responsibilities include:

(1) enforcing Ohio’s laws related to oil and gas drilling,

(2) production,

(3) plugging,

(4) orphan wells,

(5) solution mining,

(6) ethanol recovery,

gas storage, and

(7) underground injection control operations.

A report of the event by the Frackfree America National Coalition (FANC - LINK) indicated that there were numerous law enforcement types at the meeting and the anti-frackers were ordered out of the "open house" where they were joined by some 100 protestors (pictured above) who had marched to the scene.

As relevant to this blog and the anti-democratic flavor of the "open house," catch this blurb from the Frackfree article, to wit:

Underscoring how opposed they were to receiving public input, ODNR designated an outdoor, “free speech zone” for the ralliers, and forbade the public from bringing in signs, banners, backpacks, or audio or videocameras.  One citizen was ordered to leave after recording officials' comments.  Ralliers brought their own solar-powered sound system, stage, and roster of speakers. "We will challenge these intolerable restrictions on our constitutional rights to freedom of speech and assembly," said Smiles Welch, the emcee of the event.

Fast forward to May 30, 2013 and see how the November 28th  "open house" euphemism morphed into being an "availability session."

The notice which appeared in area newspapers:

The Ohio Department of Natural Resources is holding a meeting Thursday evening at Wingfoot Lake State Park to answer questions from the public about the state’s Class II injection wells.

Class II injection wells are used to dispose of wastewater produced by oil and natural gas wells.
The meeting will be held 5:30 to 7:30 p.m. at the Pine Tree Lodge, 993 Goodyear Park Blvd., Mogadore [Portage County].

No video cameras, demonstrations, signs or banners are allowed inside the venue and all bags may be subject to inspection by law enforcement, according to ODNR. (emphasis added)

Here is the first e-mail report about the the "availability session" that came into the hands of the SCPR:

"Just left the meeting.  What a useless dog & pony show with 14 armed guards and a dog.  ... .

Bob Downing of the Akron Beacon Journal penned a piece (Security heavy at injection well meeting at Wingfoot Lake, May 30 (LINK) which focused on the extraordinary number of armed ODNR staffers (14) which were present at the meeting of a total of 30 staffers and the resentment that their presence engendered among the 55 community activists concerned about injection well safety.

Seven wells are presently in plans for Portage County.

Interesting enough Downing (the journalist he is)  chose to ignore the ODNR prohibition on videotaping, and on audio recording.

Sounds like he is a real stand up guy for government accountability and transparency, no?  (sarcasm)

It seems to the SCPR that if challenged in court, the ODNR would not impress Ohio's judiciary with the game playing it is doing with dubbing public meetings as being an "open house" or an "availability session" in a obvious legal technicality effort to avoid the Ohio attorney general's interpretation of Ohio Open Meeting Law as informed by existing case law to effect that public officials cannot prohibit videotaping and audio recording.

What appears to be an apt survey of the law of Ohio was published in an email which the SCPR received a copy of, to wit:

The Ohio Open Meetings Act
Chapter Two: Duties of a Public Body
A. Openness

4.0 Audio and Video Recording

A public body cannot prohibit the public from audio or video recording a public meeting.*843 A public body may, however, establish reasonable rules regulating the use of recording equipment, such as requiring equipment to be silent, unobtrusive, self-contained, and self-powered to limit interference with the ability of others to hear, see, and participate in the meeting.844

• *843 McVey v. Carthage Twp. Trs., 2005-Ohio-2869, ¶¶ 14-15 (4th Dist.) (trustees violated R.C. 121.22 by banning videotaping). 
• 844 Kline v. Davis, 2001-Ohio-2625 (4th Dist.) (blanket prohibition on recording a public meeting not justified); 1988 Ohio Op. Att’y Gen. No. 087 (opining that trustees have authority to adopt reasonable rules for use of recording equipment at their meetings). 
• See also Mahajan v. State Med. Bd. of Ohio, 2011-Ohio-6728 (10th Dist.) (where rule allowed board to designate reasonable location for placement of recording equipment, requiring appellant’s court reporter to move to the back of the room was reasonable, given the need to transact board business).

Shame on:

• Governor John Kasich,
• ODNR Director James Zehringer, and
• Stark Countian [Lake Township] Chief of the Division of Oil and Gas Resource Management Rick Simmers

for trifling with our rights as citizens to have accountability and transparency and to exercise our First Amendment guarantees.

Let's hope that someone will step forward and take them to court.

Those who favor fracking say that the ODNR can be trusted to protect Ohioans from a fracking disaster?

Doesn't the agency's apparent zeal to trample on the citizens' rights via the nuancing of meeting labels in service of legal sophistry put that confidence in question?

Certainly not be be counted among those trusting the ODNR is long time Stark County Concerned Citizens leader Chris Borello who lives in Stark County's Plain Township.

Here is her reaction to Thursday's Wingfoot Lake ODNR goings on.

First big oil/gas bombards the air waves/media night and day with their promotion of fracking to seemingly in part drown out any descent.   Now, it appears more stories are being put forth like the one below out of Youngstown, [LINK]  to plant the seeds that American citizens are to be feared and more, yes, even be armed against -  if they dare to exercise their right to speak out in order to raise public awareness about their legitimate and very real concerns regarding fracking & the accompanying waste disposal practices potentially destroying our country, via posing threats to communities'  health, safety, &  properties.  Great strategy to keep people in line:  Float articles like the one below suggesting these concerned Americans are possible domestic terrorists,  to instill fear and intimidation to hopefully prevent them from speaking out; demanding answers.

We only need to look to what happened in Portage County in Ohio the other night.  Thirteen armed guards and dogs hired by Ohio DNR  for a supposed public information meeting to discuss injections wells, with each citizen reportedly having a wand waved over them prior.....  Purportedly this armed back up was to  "protect" this Ohio agency from these terrible Ohio citizens, who simply came to ask questions/express their concerns about the massive amounts of what drilling poisons will be disposed underneath their area's water supplies, including dangerous, long lived radiation - Radium -  that one radiation expert said in their opinion was more harmful to a body than ingesting Plutonium because it is bone seeking.
Just bet the industry really loved that show of force on ODNR's part which served to nicely compliment the gist of the below article.

What would those armed officials have done, had citizens brought signs to protest outside the meeting, OR,  God forbid, insisted this public agency merely FOLLOW Ohio's SUNSHINE LAWS allowing recordings of such meetings, which had been denied by ODNR?  )

Yep.  It certainly appears the stage is being carefully set in America the Heartland here in Ohio,  to paint good, caring folks who don't want to see innocent children develop cancer and Leukemia as the villains, once again, for standing up to industry and these agencies.

I believe many of us would like to know:   If a foreign enemy came over here and dumped radiation/toxins near our water supplies, what would our government's response be then?  Wouldn't the FBI, Homeland Security  et al be called in?  But,  if this dumping is done by  "friendly fire", somehow it is not only apparently "ok" to do, but citizens should keep quiet and accept it all without a fuss, or risk being labeled/treated like this?!

OLESLAGER "DEEP SIXES" ANTI-FRACKERS. BETTER HOPE THERE ARE NO FRACKING ACCIDENTS AFFECTING THE "DRINKABILITY" OF STARK CO. UNDERGROUND WATER SUPPLIES, NO?

 UPDATED AT 10:15 AM

Stark County has been in the economic dumper for a long time.

About the only exciting thing happening that suggests a local economic resurgence is the God-given blessing that Stark sits on top of what is called Utica shale deposits.

To get at the deposits in the most efficient, effective and productive way, the oil and gas industry came up with a new and improved method of what is called "fracking" back in 1998.

When Republican John Kasich took office in January, 2011 after having narrowly defeated Democratic incumbent Ted Strickland in the November, 2010 election, he jumped all over the potential economic benefits to Ohio to be gained from a dramatic increase in oil/gas exploration with the revelation that Ohio was within the  Marcellus and Utica oil and gas ladened shale deposits.

Stark County's elected officials were slower to jump on board.  But they have.  The SCPR (a top 10 list) ranks Stark's politicians in the following order in terms of their enthusiasm for fracking:

1. Democrat William J. Healy, II, mayor of Canton,
2. Republican Pat Fallot, mayor of Louisville,
3. Republican candidate for Stark County commissioner, Richard Regula (son of former 16th district congressman Ralph Regula),
4. Republican state Rep. Christina Hagan (the 50th), who as a 24 year old unelected (appointed) legislator has received thousands of dollars in campaign contributions from the oil and gas industry),
5. Republican state Senator Scott Oelslager (the 29th),
6. Republican state Rep. J. Kirk Schuring (the 51st, soon to be the 48th),
7. Democratic state Rep. Stephen Slesnick (the 52nd, soon to be the 49th).
8. Former Democratic mayor Francis H. Cicchinelli, Jr of Massillon,
9. Current Democratic Massillon Democratic mayor Kathy Catazaro-Perry, and
10. Democratic commissioner candidate Bill Smuckler.

 Moreover, the Canton Regional Chamber of Commerce is "bananas" and "frothing at the mouth" about the prospects that fracking will solve everything economic that ails Stark County.

Notice the word "acquifer" in the graphic above.  Acquifer equals our drinking water. 

Well, that word is all one needs to focus upon to figure out that fracking was going to be a highly controversial procedure.

While being for fracking might well have good political spin-off for those who have lined up in support of the process, they had better pray each and every night that there is "no" fracking associated accident that pollutes Stark County's drinking water.

For  being on the Stark County Political Report's pro-fracking Top 10 List, in the event of a drinking water contamination, will not be a pretty sight to behold in terms of the political retribution that will take place.

The very first politician/governmental official to speak out against fracking was Plain Township trustee Louis Giavasis (here is a LINK to the SCPR's very first blog on fracking on 12/04/2010) who sponsored a two-part symposium emceed by Ron Ponder (Points to Ponder) of WHBC 1480 located in downtown Canton.

Giavasis stands in stark contrast (no pun intended) to his Plain Township cohort trustee Scott Haws, who, the SCPR perceives to be an ardent pro-fracker.

Giavasis has been joined by one of Stark's foremost opponent to fracking; namely,  Chris Borello who lives in Plain Township.

Chris is a long time civic activist in Stark County, having cut her teeth in civic involvement with her work to get a Superfund clean up of the Uniontown Industrial Excess Landfill located in Uniontown going back to the early 1980s.

In Giavasis' and Borello's work to curb (i.e. regulate) if not stop fracking, due to their multiple concerns that they and the group Stark County Concerned Citizens have about fracking, to wit:

• contamination of ground water (i.e. our drinking water),
• a degradation of air quality,
• gases and fracking chemicals finding their way to the surface through fracturing of the shale (also by triggering earthquakes),
• pollution of the under ground by the disposal of chemical wastes/by products in what are called "injection" wells, and
• surface contamination from spills from extracted oil products.

she has established allies across Ohio and, indeed, over the nation.

A major blow to the ability of the likes of Borello and Giavasis to put a damper on "the rush to frack" began back in 2004.

The Ohio General Assembly passed HB 278 (2004) and SB 165 (2010) which for all intents and purposes took local control of oil and gas regulation away from Ohio's counties, cities, villages, townships and boards of education.

For a comprehensive picture on the votes of members of the Stark County delegation to the Ohio General Assembly on HB 278 and SB 165 go to an October 7, 2011 SCPR blog (LINK).

Apparently, for some reason Borello and her allies thought state Senator Scott Oelslager would be open to their entreaty to work to strengthen regulation of fracking both at the state and local level.

The SCPR has learned that Borello (Stark County Concerned Citizens) ally Alison Auciello of the Columbus-based Food and Water Watch organization obtained a meeting with Oelslager on October 1st at his North Canton condominium.

She had with her four Oelslager constituents:  a film maker, a Vietnam veteran, a retired teacher and a MIT educated engineer.

Summing up her take on the hour long session, Auciello says:

".... throughout Sen. Oelslager was not open to hearing or lending any legitimacy to what we all see as valid concerns about the impact of fracking in his district" and "[my]y overall impression of him is that, at least at this point, he is not movable. He has fully ingested the oil-aid and has his mind closed to any other perspective."

 Hmm?

"[H]e is not movable," and "his mind [is] closed," and "he has fully ingested the oil aid."

Interesting, no?

More specifically, Auciello made the following points on Oelslager:

• Oelslager believes that we are entrenched in a fossil fuel economy and wouldn't hear that investment in fracking is standing directly in the way of a transition to renewable,
• He assumed we all knew that renewable energy would be inadequate anyway. He believes that fracking will be an economic windfall for Ohio and refused to hear that it would only be for the lucky few and the rest of us would be left with the cleanup bill,
• He was throwing out key phrases like "energy independence" and "investment in infrastructure" (which he somehow thinks will still be useful when the gas runs out).  
• He's also under the impression that Kasich solved the earthquake problem.  
• We made it clear to him that we'd like to see his support of moratorium legislation in the beginning and he tried to lay a "ground rule" that there will be no moratorium. He wanted us to give suggestions on improvements to regulations.
• We pointed out that regulations haven't been effectively enforced, and they can't make the process safe to begin with, but all he was doing the whole time was waiting to pounce on any point he had the counterpoint to go along with.
• One thing that I thought was really telling about his position is his reaction to the local control issue. He said that if it were up to local municipalities, we'd have no "progress", so what he is essentially saying is that he knows local communities don't want fracking, and that's why the state needs to decide- so we can do it anyway.

Chris Borello may be even tougher on Oelslager, to wit:

• Love Scotty's response on "local control'....Wow.  Incredible...   More blatant hypocrisy. on supposed "core beliefs, eh? 
• We can never forget how Ralph Regula indeed, deferred to "local control" - the Lake Twp. Trustees, on IEL's Plutonium issue!
•  Regula indeed, deferred to "local control" - the Lake Twp. Trustees, on IEL's Plutonium issue!  We have the letter he sent to CCLT [Concerned Citizens of Lake Township] to prove it.
• We believe Scott Oelslager, Kirk Schuring and other reps. agreed with the Congressman's position on this...I think Sen. Voinovich's staffer told us it was called being  "Federalist".  ... .
• Frankly, I am quite sure there are still many residents in our area who would like to ask Scott, Kirk Schuring, Christina Hagan, and especially our former Congressman, Ralph Regula,  about this extremely serious double standard regarding local control, the Plutonium and IEL, and now, fracking..... .
• The newspapers have a copy of that letter from Regula to CCLT re.  how local officials are the most appropriate officials to make such determinations.... We gave it to papers two years ago, when we first learned about HB. 278 stripping our rights away! 

It appears to the SCPR that the die is cast on fracking in Stark County.

There is no doubt that it has the enthusiastic support of most Stark County's elected officials, led by the SCPR's Top Ten List.

Stark County's everdays are much more circumspect about the issue of fracking than are many of if not most of Stark's elected officials.

Let us "hope and pray" that these officials have made the right call.

For if they have not and the drinking water supply gets contaminated, we all will regret that fracking was ever engaged.

And, we will be likely looking at a long list of ex-Stark County elected officials!

GIAVASIS OUT: A TOTALLY CHANGED SITUATION INSOFAR AS STARK CO. IS CONCERNED?

ORIGINALLY PUBLISHED 12/27/2011 (UPDATED 12/28/2011)

A surprising announcement yesterday!

Plain Township Trustee Louis Giavasis drops out of county commissioner race.

Martin, I am releasing this to all the Media.

---

Press Release

12/27/2011

After long and careful thought, I have decided not to seek to the Democratic nomination for Stark County Commissioner in 2012.  I’ve based this decision on three things. First, what is in the best interest of my family; next, my current commitment to the people of Plain Township; and, my full time position with Stark County Clerk of Courts, Nancy Reinbold.

My heart remains in Plain Township serving the residents that have elected me 5 times. I love my community and those that share it with me and my family.  My father raised me to fulfill commitments made; and I will fulfill the commitment I made first to the residents of Plain Township.

I want to thank those of you who have promised and shown your support to my candidacy for Stark County commissioner.  Currently, Stark County is blessed two have capable commissioners that I believe are leading this county in the right direction. 

Dr. Peter Ferguson is not seeking re-election and I want to thank him for what he has done to help our county. Canton City at Large Councilman, William Smuckler is seeking to succeed him and I believe he will make great commissioner. 

I look forward to supporting him and working with the other commissioners in the future as a Plain Township Trustee helping to move the Stark County community as a whole forward.

Respectfully,

Louis P. Giavasis

Plain Township Trustee

To the SCPR Giavasis' withdrawal (who The Report believes would have been elected had he stayed in the race) means that it is likely that long time Councilman William Smuckler will be elected to succeed outgoing commissioner Pete Ferguson who decided not to run for re-election.

The Report sees the race between Democrat Smuckler and Republican and former commissioner Richard Regula as being competitive but with Smuckler being the ultimate winner.

A major advantage to having Giavasis remain in the race and likely be elected (in the SCPR's assessment) is that he has a relationship with Canton Mayor William J. Healy that offered hope that he could be a coordinating factor in convincing Healy to work with the county to effect consolidations/mergers of Canton's duplicative services (along with other Stark County political subdivisions) with the county's.

Although, as the likely successor to Ferguson, Smuckler has the longest running and deepest commitment to regionalization among the prospective commissioners come January 1, 2013 (the SCPR believing that Commissioner Bernabei will be re-elected), he only adds to the animosity that exists between the Stark County commissioners and Mayor William J. Healy, II.

Smuckler is fresh off having lost to Healy in the Democratic primary of March of this year and, of course, Commissioner Creighton lost to him in the general election of November, 2007 and, of course, he fired Commissioner Tom Bernabei as his services director and chief of staff in early 2008.

So the exit of Louis Giavasis is clearly a loss to Stark County in terms of bringing Stark County government and the city of Canton together.

STARK COMMISSIONER RACES - WHO IS RUNNING?

 UPDATE AT 9:00 AM

The best news that Stark County Democratic Party Chairman Randy Gonzalez has had in many a moon.

Democrat and Plain Township Trustee Louis P. Giavasis tells the SCPR that he is going to run for the 1-3-13 Stark County commissioner post being vacated by Pete Ferguson.

ORIGINAL BLOG

With Pete Ferguson's announcement yesterday that he is not running for re-election, all Hell broke loose today as to who is running and who is not running for Stark County commissioner.

The filing deadline is tomorrow.

As the SCPR sees possible matchups:

One of the candidates who the SCPR believes has the ear of Stark GOP Chairman Jeff Matthews believes that the Republicans are in the process of winnowing down to one candidate per commissioners slot.

One of the slots which appears to be set is for local attorney and civic activist Craig T. Conley to take on incumbent Democratic Commission Tom Bernabei.

The second race appears to be a little dicier.

Of course, Richard Regula has taken out petitions to run in both races.  However, it seems to the SCPR that his real opportunity will be to get the party nod for the seat that Ferguson is vacating IF Jackson Trustee James N. Walters decides not to run.

By The Report's estimate, Walters would have won his 2010 contest against Bernabei had an independent candidate not run.

While it is a little surprising that Walters does not want a rematch with Bernabei, it sort of makes sense to The Report because as yours truly sees it Bernabei is a much more formidable candidate given his countywide exposure as commissioner having finished out the term of Democrat Tom Harmon succeeded by Steve Meeks (who decided to run for a full term against Republican Janet Creighton - the wild decision that was).

Bernabei and Creighton, in the opinion of the SCPR, with their aggressive initiative was the reason why Issue 29 (the 0.5% sales tax increase issue) passed.

They instituted open, accessible, transparent, communicative and informative processes which was effective to achieve enough of a turnaround in the Stark County public's attitude to get the tax passed.  In visiting 21 Stark County communities from February through June of this year, the commissioners including Bernabei of course achieved a level of connectedness that Stark County has not seen in a number of years.

Consequently, Craig Conley has an uphill battle in his quest to unseat Bernabei.

The SCPR believes it is the 1-3-13 seat that is being vetted (as to who will be running) between today and tomorrow.  The Report thinks that if Walters wants to run that he will get the help of Stark GOP officials to nudge Butterworth and Regula not to file.

The Democratic side is likely a different story.

Bill Smuckler has told The Report he is in for sure.

Smuckler, like Bernabei before he ran in 2010, only has a political life in Canton.  Outside of Canton he is relatively unknown.  Accordingly, he would face the same problem Bernbei did in a countywide race.

Stark Dem Chairman Randy Gonzalez has to be beside himself that Pete Ferguson surprisingly and at the last minute decided not to run for re-election.  His decision makes it very likely that the Republicans have a great chance to win control of the commissioners office in November, 2012.

As the SCPR sees it, the main hope for the Dems to keep the 1-3-13 seat is if someone like Giavasis runs.  Even he is far from a sure bet especially if Walters in his opponent,  Moreover, The Report finds it hard to believe that Bosley (said to be interested in running and said to have organized labor in his corner), with his having been part of "imposing" a 0.5% sales tax in December, 2008, could win against just about any Republican.  He might, with a big union assist, win a Democratic Primary depending on who the opposition is.

Giavasis would be the Dems strongest candidate.  He has a strong political base in Plain Township to offset Walters' Jackson Township advantage and he would run well in urban Alliance, Canton and Massillon. 

He is as "snug as a bug in a rug" as Plain trustee and is not looking for other opportunities having just turned down Ohio House Democratic leader Armond Budish's entreaty that he run against Republican Christina Hagan in Stark's 50th Ohio House District.

But, again, if the Stark Dems are to retain control of the Stark County Board of Commissioners - Louis Giavasis is the key.