CATAZARO-PERRY: FRUSTRATED, TOTALLY FRUSTRATED?

UPDATED:  12:30 PM

If you are Massillon policeman Michael P. Maier and - if - one day down the road you want to be

Massillon Chief of Police (MPD), it might be advisable to not have Massillon mayor Kathy Catazaro Perry as your sponsor.

So far in legal proceedings, Massillon is batting .000 (0 for 3) in what appears to The Stark County Political Report as part of Catazaro-Perry's  all consuming passion to make the grandson of a former (deceased in 2006) long time, highly regarded/respected Massillon policeman; namely, Johnnie A. Maier, Sr. a future head of the MPD.

The appeal of the Massillon Civil Service decision holding that the law of Ohio allowed Mayor Catazaro-Perry to appoint Micheal P. Maier (son of Stark County sheriff George T. Maier) to a vacancy recreated on the retirement of Sgt J.J. DiLoreto had to be painful for Massillon FOP Henderson Lodge president Tim Anderson and the Local 105 leadership inasmuch as Michael's grandfather is listed on Lodge stationery as being president "emeritus" (a honorary status)

• SCPR Note:  See LINK and note that on the linked FOP webpage that Anderson is listed as the Massillon representative to the Lodge 105).

In this third defeat of what the SCPR thinks is the mayor's fast tracking of Michael towards being the head of the MPD, here is a summary of Stark County Court of Common Pleas Chryssa Hartnett decision in re:  the illegality of the MCSC action is allowing Michael's appointment.

• SCPR Note:  Yours truly is told that there are reports that Michael Maier took a recent "promotion to lieutenant" MCSC exam but did not fare particularly well.
• If the speculation is correct, then the prospects for Maier to one day be Massillon police chief are dimmed considerably more than finding himself once again in patrolman status as a potential consequence of the Rogers and Anderson case outcomes. 
• However, if reports are erroneous about his not coming first for a promotion to lieutenant; it seems to the SCPR that a reversion to patrolman would take away an opportunity for such a promotion.

And here is Judge Hartnett's summary of relevant facts which, she says, were not in dispute.

Here is the refined issue, Judge Hartnett's ruling and the SCPR's read of the significance of the ruling.

And here is her reason for reversing the MCSC Anderson decison:

Looking at the matter through the eyes of the mayor, one would likely see her batting record as, in baseball parlance, 2 for 5 (.400, very good for baseball).  For the Massillon Civil Service Commission (which is controlled, more or less, by the mayor by whom she appoints to the commission) has ruled in favor of Michael or his interest twice.

• SCPR Note:  Chairman Marcus Simpson is said by The Report's source to have voted to grant the appeal of the FOP.
• The Report is told that Simpson's term is to expire soon and it would be truly amazing were Catazaro-Perry to reappoint him given his dissent on the Anderson matter.

In light of the MCSC having made two illegal decisions, the more sensible thing for Catazaro-Perry to do is to ask for Chapanar and Campbell's resignation.

Especially in light of this letter from Law Director Perry Stergios:

It is hard to see how Massillonians going forward - if Chapanar and Campbell remain in place - can have confidence that "the rule of law" will be respected by the Commission.

It is interesting to note that Massillon Law Director Perry Stergios was not representing the city in the Anderson case.

Which, of course, means that Massillon spent taxpayer dollars on private counsel.

Massillon is in State of Ohio designated fiscal emergency on the petition of Mayor Catazaro-Perry.

But such does not seem to bother her in the least in pushing through on behalf of Michael Maier either directly or in his interest.

The first loss (LINK:  see this SCPR blog for the complete story) on the appeal of the-then Patrolman Thomas Rogers not having been selected by the Massillon Civil Service Commission (MCSC) to be promoted to sergeant in that the Commission held that Rogers was not entitled to seniority points as provided for in a City of Massillon/Union contract.

The promotion instead going to Michael Maier.

As it turns out on the decision of Stark County Court of Common Pleas Judge John Haas, confirmed by the Fifth District Court of Appeals that MCSC illegally (by the union/city contract terms and the law of Ohio) appointed Maier.

The SCPR doubts that the Catazaro-Perry administration will voluntarily implement the clear implication of Judge Hartnett's ruling.

That is to say, the second Michael Maier appointment was never as a matter of law effective and that he remains a patrolman in the Massillon Police Department.

Counsel for the union (Craig T. Conley) anticipates that Mayor Catazaro-Perry will seek to maintain Maier as a MPD sergeant and therefore in planning further legal action to implement the consequences of the Hartnett decision.

The mayor is on record as saying that her dealings and determinations with respect to the Michael Maier situation has nothing to do with the fact that his father Sheriff George T. Maier was her first safety/service director.

It is noteworthy that in the Rogers MCSC decision appeal (the appeal to the Commission itself) George was present.

Moreover, in Lodge #105's appeal before the commission on its promoting Michael on the basis of using "the List" two years rather than the legal one year period, it is noteworthy that Michael was present with his attorney Steven Okey.

Catazaro-Perry's statement, the SCPR thinks, belongs in the category of:  "It may be true, but who is going to believe it!"

The current police chief Keith Moser might now have some breathing room.

Were Michael Maier eligible to be sergeant and had he done well on the recent lieutenant example, it is a short step to becoming the chief.

But he isn't according multiple courts and he didn't according to reports circulating in the community.

Catazaro-Perry tried to dump Moser in June, 2013 in dismissing him on June 4 during a time period she could do so without cause.

And the SCPR suspects her real reason is that Moser is his own person with her in the context of working with her administration in setting of being the police professional he is.

That should be fine with the mayor.

But it isn't.

She has demonstrated to the SCPR that all she abides around her is "yes" men and women.

His dismissal prompted the need to set a new competitive exam to develop a List for police chief eligibles.

It was absolutely terrific news when Catazaro-Perry had  "to eat crow" on October 15, 2013 and take him back as chief after he was high scorer - once again - on the competitive police chief eligible exam.

But the SCPR thinks that all the hub-bub around Michael Maier and "the sergeant thing" should put Moser and other aspirants to be MPD chief on notice that she seems intent on bringing Michael on board.

Undoubtedly, she is counting on being reelected in November.

If she is, Moser, the SCPR thinks, should be looking over his shoulder to see whether or not Mayor Kathy and her close advisers have come up with a plan to put Michael Maier in the running for her to be a position to make him chief.

But of course she did say back in October of 2013:  "We support him [Moser] 150 percent and wish him the best in being successful."

At least until she can get Michael Maier in position to be appointed, no?

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

MASSILLON LOSES COURT CASE
ON
PROMOTION TO SERGEANT CONTROVERSY

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

CATAZARO-PERRY & HER ADVISERS

HAVE MADE A REAL MESS OF

MASSILLON FINANCES?

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

STATE OF OHIO AUDITOR

SAYS

MASSILLON CAN SAVE

$628,600 ANNUALLY!

UPDATE:  5:45 PM

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

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

To:  Martin Olson

Hi, Martin. 

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

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

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

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

Thanks for the follow up Milan. 

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

UPDATE:  9:15 AM

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

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

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

ORIGINAL BLOG

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

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

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

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

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

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

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

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

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

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

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

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

How did that happen?

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

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

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

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

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

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

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

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

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

But the SOA rejected her overture.

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

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

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

Hmm?

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

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

Hmm?

Who asked for the audit?

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

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

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

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

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

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

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

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

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

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

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

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

And that may be.

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

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

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

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