Showing posts with label Miriam Baughman. Show all posts
Showing posts with label Miriam Baughman. Show all posts

Friday, August 14, 2015

ITS NOT LABOR DAY YET, BUT TWO NORTH CANTON COUNCIL RACES ARE OFF TO A RINGING START!

UPDATED:  08/15/2015 (SEE COMMENTS AT END OF BLOG)


Traditionally, American political campaigns do not begin in earnest until after Labor Day in any given election year.

For a campaign to take on a heated nature before Labor Day is probably an indication that by the time the November general election day rolls around, things will get quite nasty and ugly.

It appears to the SCPR that in the 2015 North Canton council at large race and in Ward 3, ugliness has already set in and the initiator is none other than council president Daniel Jeff Peters via his Facebook page.

Now how is that for mature political leadership one normally expects from the leader of the entire council?

Why are the aforementioned contests on a track into ugliness and nastiness?

Answer:  If the contests result in the election of Jamie McCleaster and/or Chuck Osborne, then it is likely that "a battle royale" will ensue of whether or not Tim Fox (an appointee of council) will remain law director of North Canton.

It will take four votes on council to unseat Fox, and one can be sure that either McCleaster and/or Osborne will work from day one in office to find a way to cobble together four anti-Fox votes.

Although Mayor David Held has told the SCPR that Fox (who has fought and fought and fought some more with a core of citizens over a variety of issues [mostly access to North Canton public records) "must shape up or ship out," The Report does not think council as presently constituted will ever, ever, ever dismiss Fox as law director.

And Mayor Held himself has no charter (North Canton is a charter city) authority to dismiss Fox.

Fox, the SCPR thinks,  has overtly injected himself into the campaign(s).

He recently put up a webpage (quickly taken down on the insistence of Mayor David Held) in which it appears he is holding a number of citizens up to the North Canton voting public as troublemakers for simply exercising their lawful (statutory, case law and U.S./Ohio Constitution) right to seek redress of their grievances at the hand of The Dogwood City government.



Even observers outside the target group see Fox's webpage as having possibly been a use of taxpayer dollars (the expense of maintaining the city's website) to advance the campaigns of incumbent council members who are solidly behind Fox.

Recently, North Canton City Council president Daniel Jeffrey Peters has taken to a Facebook page to attack some the subjects of Fox's actions and one of the subjects thinks that Fox had a hand in putting the page together,

The main Peters' target is Ward 2 resident Miriam Baughman who apparently triggered Peters' ugly Facebook outburst in having a letter to the editor published in the Canton Repository, to wit:


And here is Peters' response:



Excuse me!

Who is using the provocative,  personal attack invective?

From Peters statement:
  • I am absolutely stunned by the timing and tenor of this letter.
  • When Chuck Osborne's illegal initiative petition ,,. 
  • Chuck Osborne, Miriam Baughman, or Jamie McCleaster made a public records request for council members pay stubs and when they found out there were still council members transitioning their coverage, they did everything in their power to publicly attack and shame us
  • Jamie McCleaster went so far as to call me a "Thief" on social media.
  • I am being called "Morally bankrupt" by Miriam Baughman.
  • Miriam Baughman has joined the circus, 
 "McCleaster went so far to call me a 'thief' on social media."

The Report doubts that.

What likely happened is that McCleaster and other North Cantonians if not political/government observers across  Stark County wondered whether or not there was a criminal law violation in Peters, Kiesling, Werren and Snyder continuing to take the health care insurance benefits AFTER the citizens voted not to allow such.

When Judge Haas granted declared the citizen voted for ordinance invalid, the thinking is that by virtue of the decision there was no criminal violation.

One observer told yours truly he thought Haas' main motivation in issuing the ruling that he did, was to protect a fellow judge from the possibility political embarrassment in possibly having his wife (Councilwoman Stephanie Werren) subject to a prosecutor's inquiry - if the decision had gone the other way - of whether or not any of Ohio's criminal laws broken in her and the other North Council council members having received the benefits.

The Report does not buy that theory.

The recipient councilpersons continued to take the benefits under the advice and counsel of Law Director Tim Fox and who believes any prosecutor would undertake any such analysis under such circumstances?

To repeat, the SCPR does not think so.

In addition to what The Report thinks was a misrepresentation of what McCleaster said, Peters takes big time license with Baughman's statement, to wit:
  •  "Sometimes something legally right can be morally wrong,"
and turns it into:
  • "I am being called 'Morally bankrupt' by Miriam Baughman."
Can Mister Peters read?

Apparently, not!

Baughman doesn't even mention Peters name in the operative sentence.

On Peters interpretation of what he alleges McCleaster said and his characterization of Baughman's legality/morality statement, The Report believes Peters has a credibility problem.

The Report is told that Peters has made factual error with respect to allegations of involvement of Osborne in the Concerned Citizens of North Canton.

Miriam Baughman says she doesn't know where Peters gets his "we were the best of friends-esque" statement.

Years and years ago, Baughman says, there was some inter family involvement between Peters and the Baughman family.

Emotion saturates Peters' statement.

The Report thinks emotional saturation (e.g. "I was personal friends with Baughman" therefore her letter is "heartbreaking) is a dissembling attempt by Peters to get folks off the anti-democratic tone of North Canton City Council (including himself) and onto emotional-laden drivel.

Politicians are wont to do this sort of thing and it appears that Peters is trying to ramp up his skills.

Yours truly has seen any number of them try to mask their political calculating mode of being with maudlin talk. 

How unbecoming of a city council president, no?

If Peters had a genuine democratic-republican spirit about him, he would honor Baughman, McCleaster and Osborne for being interested enough in the quality of North Canton government even if he disagrees with them on given approaches they take and/or the substance of this or that policy or program council implements in North Canton.

Like so many Stark County political and governmental figures, Peters is showing he way too thin skinned to be a member of council let alone be city council president.

While he says "I also am aware as a public official I am fair game for any type of criticism ..."

Is he really aware?

The tone and language of his response indicates otherwise.

It is more like that the council president of who thinks he is immune from scrutiny and critique for a city that he in his imperial wisdom designates in be a "great city" and if that is not enough he terms his city council colleagues thusly:
This group of elected officials that I work with on a daily basis are good people that truly care about our city and want only the best for the community in which we live and raise our children..
It is not Peters' right to conclude for the citizens of the city "once and evermore" that North Canton is a great city.

It is not Peters' right to conclude for the North Canton general public once and evermore that in the sense of being effective governors that his colleagues "are good people that truly care about" North Canton and by implication McCleaster, Osborne and Baughman do not.

As for his claim:  "here is the whole story as it pertains to me," he couldn't be further from the truth as far as the SCPR is concerned.

There is a whole lot of background material NOT included in his self-serving missive.

He never, ever mentions the name Tim Fox who The Report thinks Peters' was the moving force in his initial hire back in September, 2012.

Fox, the man who as law director issued an opinion in November, 2013 (a year after 72% of voting North Cantonians voted in November, 2012 to deny Peters et al healthcare coverage) upon which Peters, Kiesling, Werren and Snyder (since resigned from council) relied in keeping coverage well after the people of North Canton spoke in the negative.

Fox, the man as law director who refused to release the opinion to the general public and as far as the SCPR Peters, Kiesling, Werren and Snyder did nothing (they as council members were the client who could have waive the attorney client privilege that Fox was hiding behind) to get the opinion out to the tax paying North Canton public.

Mayor David Held is the person who finally, finally, finally after much delay released the letter in February, 2014.  (LINK)

Fox, the man as law director who has refused many times to release what are clearly public records to citizen requesters McCleaster, Baughman and Osborne.

Fox, the man who order at public expense the publication of a webpage clearly designed to put McCleaster, Baughman and Osborne in a bad light.

But let the SCPR hasten to add.

Tim Fox is doing exactly North Canton City Council commissioned to do when he stepped down as Ward 3 councilman to become law director.

Voters of North Canton need to be very clear that North Canton City Council is responsible for the turmoil that now exists between North Canton government and citizens simply doing what they are entitled to due under the law.

Rather than write his self-serving statement like that included in this blog, let Peters sit down with yours truly and the SCPR camera and answer The Report's questions.

Mayor Held has frequently done so.  He regularly answers The Report's questions:  "no holds barred."

Yours truly would love it.  But The Report thinks that Peters' does not have the political gonads to go on the SCPR camera in a "no holds barred" interview.

He holes up in the social media with all his "I want to be your friend" types who reassure him about his greatness, his colleagues greatness and North Canton city government's greatness, but he can't handle it when out in the public square he gets asked some tough questions.

Prove me wrong, Daniel "Jeff" Peters!

It is almost certain that there are going to be some ugly, nasty North Canton City Council races from now through November and it is looking very likely that North Canton City Council president Daniel Jeffrey Peters aspires to be a star performer of ugliness and nastiness.

When the SCPR made Peters the #7 worst Stark County Political Subdivision Elected Official List (LINK), it was more in a representational capacity than his personal conduct.


But with his July 30th Facebook letter being published by him serving as evidence of his political baseness, perhaps; in the new list that will be coming out before long, he will skyrocket towards the top.

The Report thinks in responding the way he did to Baughman's letter (note:  he signs off as council president), he dishonors the public trust that the voters of Ward 2  and his fellow council members have placed in him as the top leader on council.

He needs to apologize for his unwarranted personal attack on Baughman, McCleaster and Osborne and his effort to make out that it was he who Baughman personally attacked.  But that likely will happen when Hell freezes over.

Tim Fox would not name the person who told him to put the disgusting webpage (see above) up on the North Canton government website paid for by North Canton taxpayers including, of course,  Baughman, McCleaster and Osborne.

From the tone of his response to Baughman's letter to the editor, could it be that Peters is the unnamed person the cowardly Fox has refused to identify?


In any event, look for Peters to be the point man with his bag of ugliness and nastiness at the ready as the North Canton council campaigns unfold.

COMMENTS:

Hello Martin,



There is one remark I would like to clarify regarding comments made by Jeff Peters on his personal Facebook page which you have so dutifully pointed out in your post of August 14th, 2015.



Mr. Peters describes the Initiative Healthcare Ordinance passed by the voters by a 3 to 1 margin in the 2012 General Election as an “illegal initiative petition.” Nothing could be further from the truth!



Mr. Peters seems to forget the following:



1)    The ballot language was presented to the City as required by O. R. C. §731.32 on May 9, 2012. This is a requirement prior to circulation and collection of signatures. Then current Law Director Hans Nilges raised no concerns nor did any member of City Council. I have emails that show everyone at City Hall was alerted to the ballot language within minutes of my presentation of the ballot language that day. The proposed initiative was NOT challenged by North Canton City officials!

 

2)    On June 7, 2012, I delivered petitions to City Hall containing 1,108 signatures in support of the effort to place the proposed Healthcare Initiative before the electors of North Canton. Still, NO challenge to the initiative from North Canton City officials!

 

3)    On June 15, 2012, the Stark County Board of Elections (BOE) validated 1,090 signatures, far in excess of the 746 signatures needed. The initiative remained UNCHALLENGED by North Canton City officials! 

 

4)    On July 5, 2012, North Canton Clerk of Council Gail Kalpac and Director of Finance Karen Alger submit a letter to the Stark County BOE asking that the Proposed Healthcare Ordinance be placed on the ballot and stating “Please note that we have reviewed the petition and hereby certify the sufficiency and validity of the enclosed initiative petition.” The initiative remained UNCHALLENGED by North Canton City officials! 

 

5)    On or about September 7, 2012, former 24-year + North Canton Law Director and then interim Law Director Roy Batista approved the ballot language in a Stark County BOE Ballot Language Acceptance Form. The initiative remained UNCHALLENGED by North Canton City officials! 

 

6)    On November 6, 2012, North Canton voters overwhelmingly passed the initiative (known as Issue 5) by a vote of 6,480 – Yes to 2,550 – No. Again, NO challenge from North Canton City officials!

 

7)    On November 27, 2012, the Stark County BOE certified the vote. NO challenge from North Canton City officials!



8)    On December 2, 2012, per O. R. C. §731.31, the Healthcare Initiative became law. North Canton did not challenge the newly enacted law of North Canton!

 

There was nothing illegal about the process that was followed.



What was illegal was the manner in which four City Council members, Jeff Peters, Jon Snyder, Marcia Kiesling, and Stephanie Werren, wife of a sitting Common Pleas Court Judge at the time, surreptitiously re-enrolled in the City’s taxpayer-funded healthcare plan in direct violation of the now one-year-old ordinance approved by the voters.



Only after it was discovered in February, 2014 that these four elected officials chose to ignore the wishes of the voters, and violate what was at that time, a recognized North Canton Ordinance did members of City Council and newly appointed Law Director Tim Fox raise objections to the Healthcare Ordinance which had begun nearly two years earlier.



On February 21, 2014, the Editorial Board of the Repository published an editorial titled, “Residents should be mad as hell.”



Members of North Canton City Council acted illegally and they know it.



In an attempt to make amends the offending four council members have repaid thousands of dollars back to the City’s General Fund and withdrawn from the City’s healthcare plan. In spite of the fact that the courts have now invalidated the vote of the people, the initiative has brought about a saving to taxpayers of approximately $500,000 over the last two-year term of council.



North Canton members of City Council may snub the voters and the Initiative process that followed to the letter of the law, politically, they were forced to recognize the will of the people and give up the healthcare benefits.



North Canton voters should not forget the devious actions of these members of City Council on this issue in the upcoming elections.





Thank you,

Chuck Osborne

Wednesday, July 16, 2014

(DAVID HELD AUDIO) CONCERNED CITIZENS OF NORTH CANTON BRING LAW DIRECTOR TIM FOX TO HEEL!



UPDATE:  06:51 PM

Public records

        [Jeff Peters, president of council]

        Today at 3:22 PM

To:   tramols@att.net

Martin, I would like to thank you for your report on the issue of public records. However, I will take you to task regarding your opinion on me.

I have always taken the stance that public records should be delivered to Chuck, Miriam and Jamie  and anyone else who may make a request in the medium that they request.

After I became president and before Gail retired, that is exactly what I did.

Even though we had an opinion from our law director, I instructed our clerk(Gail) to email records as well as the meeting agendas and all accompanying documents to all who wanted them.

When Gail retired and before our new clerk came on board, the law director was handling his and the clerks duties.

We knew, and I suspect that the few folks who make the majority of records requests knew, that there was going to be some hiccups.

Now that Mary Beth Bailey is in her new position, we are going to accommodate all requests in the medium that they request.

My reasoning for asking the OAG their opinion on the Law Directors interpretation was for my information only. I've had multiple phone conversations with Miriam and Jamie and told them that once our new clerk was on board, we would be back to normal business, and that is exactly where we are at today.

To characterize the situation as I or council trying to make life difficult for the few who make the majority of records requests could not be further from the truth.

For example, I've known Miriam since I was 9yrs old and I hold her and her opinions in very high regard. She is someone that I can go to for advice and direction, and know that she'll never steer me down the wrong path. I would never intentionally bring harm to her, or anyone else in our great city! It is my intention, moving forward, to lead in an open and transparent manner which will bring honor to all that call North Canton home. We have many difficult decisions on the horizon and we owe it to our neighbors to give that our full attention, and that is exactly what we are going to do.

Regards, Jeff Peters

UPDATE:  09:49 AM

E-mail regarding Public Records Training going on in North Canton this morning:

Public Records Training

        chuckosborne1949@gmail.com
        Today at 9:40 AM

To:  Martin Olson

Ironic that a Public Records training class is scheduled here in North Canton this morning. Has been scheduled for several months. Just arrived myself. Miriam Baughman will be here as well.

Sent from my HTC One on the Verizon Wireless 4G LTE network

ORIGINAL BLOG

A VIDEO ENCORE

CITIZEN BAUGHMAN
TAKES
FOX
NORTH CANTON COUNCIL
TO TASK ON
PUBLIC RECORDS

Although, at about 5:15 p.m. yesterday, North Canton mayor David Held called to thank The Stark County Political Report for The Report role in helping to bring about a change in the way North Canton responds to citizen public records requests, the credit belongs to the Concerned Citizens (chiefly Miriam Baughman) of North Canton, civic activist Chuck Osborne and citizen Holly Pierpont.



The import of the telephone call is that Peters sat down with Law Director Tim Fox yesterday (which the SCPR was told over the weekend was in the works when Peters returned from vacation) is a lesson of great significance to Stark County's core of civic activists who take on the hand of various branches of Stark County government when elected/appointed officials decide to become a problem rather than a help to Stark County's taxpaying citizen base.

Since he was appointed law director in September, 2012, former North Canton Ward 3 councilman Tim Fox assumed the role of "tough man" (which the SCPR thinks was his taking a cue from North Canton city council members and Mayor Held) and started giving everyday citizens "a hard way to go" in obtaining public records.

Not to exonerate Fox at all, but the SCPR thinks the North Canton public should blame Held (the mayor); former Ward 4 councilman Jon Snyder (as council president, apparently the leader in the effort), Jeff Peters (now the council president), Marcia Kiesling, Dan Griffith, Doug Foltz, Mark Cerreta and Stephanie Werren for the hostility that developed between North Canton government and North Canton citizens on the matter of access to public records.


While the focus has been on Fox's refusal (on council's approval, he says) to honor e-mail requests for public records (including one made by the SCPR), the difficulties run much deeper than the e-mail factor.

Right now we are only dealing with words.

Whether or not there has been a real change in the attitude of North Canton government through Fox and the clerk of council office will only be known through the passage of time.

The SCPR thinks that Law Director Fox will be drug kicking and screaming to a "new" citizen friendly posture on the matter of access to North Canton's public records.

The Report suspects Fox will continue to be Held's and Council's "tough guy" designee.

The Report credits Miriam Baughman (supported by Concerned Citizens leader Jaime McCleaster and the overall membership of the group) with putting the hard work of research and confrontation in motion that The Report believes has been the major factor in the North Canton turnaround.



The Baughman/Concerned Citizens/Osborne/Pierpont success should give heart to all Stark County activists who are dissatisfied with the way local governments throughout Stark County are interacting with the taxpaying citizen base.

Readers should take a minute and go back and review the SCPR blog of July 2, 2014 to get a full appreciation of Baughman's superlative work of poring over Ohio attorney general pronouncements on public records.

All too often, elected and appointed government officials forget who they are in office to serve.

However, one Miriam Baughman is enough to awake them from their slumber.

In all the developments on this issue, it appears that the SCPR right was "right on the mark" on the suggestion by North Canton officials (including Fox) that he was contemplating getting clarification from the OAG's office, to wit:
There has been talk that Director Fox might seek an opinion of the OAG's office as to the legality of his unwillingness to use e-mail to transmit copies of public records.

The SCPR thinks that such a suggestion is a lot of Fox "huffing and puffing" inasmuch as the OAG's mediation service is an  existing available forum that has been around for some time but which the law director appears to not have sought out.
Well, take a look at this "e-mail" (don't you just love the irony of the medium of the communication) exchange between the OAG's office and North Canton citizen Holly Pierpont.

Gold text equals Pierpont

Green text equals Ohio attorney general

        Holly Pierpont
        Jul 15 at 3:31 PM

To:   Rmccleaster@aol.com
        tramols@att.net [Stark County Political Report]

Mr. McCleaster,

Upon recently reading a blog on the SCPR website regarding your struggle to receive public records from the North Canton city law director, I forwarded the story to the Ohio Attorney General.  Below is the response I received from them today.

Take care,
Holly Pierpont

Sent from my iPhone

Begin forwarded message:

> From: Jeff Clark <Jeffery.Clark@ohioattorneygeneral.gov>
> Date: July 15, 2014 at 3:16:45 PM EDT
> To: "holly.pierpont@att.net" <holly.pierpont@att.net>
> Cc: Kristen DeVenny <Kristen.DeVenny@ohioattorneygeneral.gov>
> Subject: FW: CID # 940387 - Pierpont
>
> Dear Ms. Pierpont,
>
> I wanted to let you know we’d received your e-mail, and that we appreciate your interest in the area of public access law.  Although you hadn’t specifically asked us to contact the City, I gave Mr. Fox a call to see whether the city or the county prosecutor had contacted our Opinions Section for a formal opinion, and if not whether we could facilitate that contact.  However, Mr. Fox advised me that some further discussion of the legal points, and city policy, had already concluded, and that the results of that discussion will likely be posted on the city web site soon.  You may want to check their web site over the next couple of day.
>
> Thanks again for your interest.
>
> Jeff Clark
>
> Assistant Attorney General
>
> From: Kristen DeVenny
> Sent: Friday, July 11, 2014 4:38 PM
> To: Public Records Unit
> Subject: CID # 940387 - Pierpont
>
> This matter is assigned to Jeff.
>
> Thanks!
>
> -----Constituent Information-----
>
> MatterID:       940387
> Constituent:  Holly Pierpont
>
...
>
> County:         No County entered
>                     330-999-9999
>                     Email: holly.pierpont@att.net
>                     Received Date:  07/02/2014


> --------Original Message--------
>
> It has come to my attention that North Canton City Law Director, Tim Fox, has reached out to the OAG for assistance in interpretation of the Ohio Sunshine Laws pertaining to recent public records request originating with North Canton, Ohio constituents.
>
> I would like to bring to the attention of the OAG, this blog written by a local Stark county reporter, which has highlighted the true struggle that North Canton citizens are encountering in obtaining public records according to the law.
>
> http://starkpoliticalreport.blogspot.com/2014/07/elected-north-canton-officials-either.html
>
> http://starkpoliticalreport.blogspot.com/2014/06/videos-blast-away-session-at-north.html
>
> I would like the Attorney General to help by:
>
> I would like the OAG to consider the requests embedded in this blog, as well as the responses sent by law director, Tim Fox, in their "interpretation" to secure that the citizens of North Canton should not have to jump through extreme hoops to request what is rightfully due to them via a standard public records request.  Please review the links included in this concern, for a 360 degree view of the issue at hand. 


Thanks.

Undoubtedly, it was an eyeopener to Law Director Fox to have gotten a telephone call from the OAG's office.

An office which commented last week that Fox's position of refusing to send public records as being "ridiculous."

North Canton officials are trying to make the best of a bad situation that they and they alone created.

The SCPR encourage citizens across Stark County to take heart from the success of the likes of Baughman, Chuck Osborne, the Concerned Citizens of North Canton and Holly Pierpont and take up the mantle of holding their respective local government accountable to the taxpaying public.

An appropriate close to this blog is an e-mail response from Baughman to the SCPR on her reaction to the change in North Canton's public records policy, to wit:

Attorney General e mail

        Miriam Baughman
        Jul 15 at 8:17 PM

To:  tramols@att.net

My comment is:   Why did it ever come to this?     Why didn't our North Canton City Law Director read and interpret the Ohio Public Records Law correctly frpm the beginning?

Thanks

Miriam Baughman

Wednesday, July 2, 2014

"ELECTED" NORTH CANTON OFFICIALS EITHER "UNWILLING" OR "UNABLE" TO CONTROL "UNELECTED" LAW DIRECTOR



UPDATE:  07/02/2014 AT 1:50 PM

Remarks for Your July 2, 2014 Blog

From;  Chuck Osborne
            Today at 1:05 PM

To:  Martin Olson

Tuesday, July 2, 2014

Hello Martin,

It is sad to say but North Canton’s first full-time Law Director, Tim Fox, apparently spends the bulk of his time fighting the very citizens who pay his salary. I have dozens of letters from Mr. Fox explaining why he cannot (more like WILL NOT) comply with a Public Records request.

It is major litigation whenever one makes a records request in North Canton. Generally Law Director Fox is not shy about denying a records request, but in a recent records request Law Director Fox penned the name of another on the denial letter when clearly the letter was written by Mr. Fox himself.

That letter, attached to this email, is one such example. In that instance, it purports to come from former Clerk of Council, Gail Kalpac. The tone of the letter, the language used, the legal citations noted, do not mask the true author of the letter, namely Law Director Fox. The Council Clerk did not sign the letter, as for obvious reasons, she did not write the letter.

The problems with compliance with Public Records Requests, as the title of your Blog alludes to, goes directly to North Canton Officials.

North Canton City government has had a “closed door mentality” for many years and it extends to City Officials. Presently mirroring what we are seeing in Washington with the request for emails from IRS officials, I too am having the same difficulty.  My requests for emails from Council members and the Mayor, alluded to by the real author of the letter noted above, continue to be ignored.

North Canton elected officials want to handle the “Public’s Business” in a confidential manner that suits their needs and not in the manner that is beneficial to the public.

So while Law Director Fox is a “Big” problem for the citizens of North Canton, the “Bigger” problem is found with North Canton’s elected officials.

Thanks,

Chuck Osborne



Editor's note:  The documents that Osborne refers to can be viewed at this end of today's blog under APPENDIX.

ORIGINAL BLOG

You talk about missing the point, it appears that such is what is up with North Canton City Council president Daniel "Jeff" Peters.

The SCPR has been the recipient of a storm of protests that North Canton civic activists are making against North Canton law director Tim Fox.  Fox is unelected and serves under "appointment" by and therefore at the pleasure of the elected council persons of The Dogwood City.

As far as The Report is concerned, Peters recent response to Concerned Citizens of North Canton spokesman Jamie McCleaster is weak indeed (see the response below).

There has been a running battle between various members of North Canton's Concerned Citizens and non-member but superlatively vigorous civic activist Chuck Osborne seemingly from the day Fox  took over as law director (in September, 2012).
  • SCPR Note:  McCleaster by the way was a candidate along with Councilwoman Marcia Kiesling, Dan Griffith and Mark Cerreta in the November, 2013 election, to wit:
    •  
Republican Fox was elected as North Canton Ward 3 councilman over incumbent Republican Jeff Davies in the November, 2011 election.


Knowing what they know now, had the Concerned Citizens known that Tim Fox was going to - as some think - be in a better position to become North Canton's law director (again, an unelected office), they would have taken on an active role in Davies' campaign to turn 111 votes around to secure Davies' election.

SCPR Note:  For background on the Fox appointment, see The Report's blog of September 12, 2012 entitled "Home Cookin in North Canton?"

To hear and believe their accounts, the Concerned Citizens are having "one devil of a time" getting public records from the now Law Director Fox.

The Stark County Political Report does believe Fox is going to extraordinary lengths to give these citizens a "tough way to go" in getting "the peoples' records."

And The Report blames a majority of North Canton City Council members for creating conditions for Fox to think that he is doing exactly what the majority appointed him to in the first place.  It appears to the SCPR that council is enabling Fox and that Fox being the fist is an "hand-in-glove" operation.

And it seems that Fox clearly senses the markedly implied marching orders and is working overtime to please those who appointed him in the first place.

The effect is taken by the SCPR to be an "eclipsing of Ohio's Sunshine Law" in terms of the accessibility of public records to the public.

The SCPR's take on the "protestations to the contrary" (i.e. council's desire to be be transparent and accommodating to citizens' easily obtaining public records) on the part of various council members, including Peters, is that they are being politically correct and that they are privately "delighted" that Fox is playing tough with the likes of  Concerned Citizens members Jamie McCleaster and Miriam Baughman.

The Report believes that they are "collateral damage" in council's primary mission to rein-in long term activist Chuck Osborne who has been "one huge thorn in the side" of a parade of North Canton council persons since he was defeated for reelection in 2001 after having served one term as councilman.

Osborne, now that Jon Snyder is no longer on council, is far more knowledgeable about the ins and outs of being a councilperson and in the institutional knowledge of North Canton government and politics than anybody currently on council.

You talk about "a burr in a tender place" for some of the egos now holding council seats, Osborne is a burr that hurts and hurts and hurts.

And the SCPR thinks, a main mission of some council members is not governance of a increasingly financially troubled city, but to "politically" cold cock Osborne.

Of course, Tim Fox knows how incisive, to the point and direct the SCPR is.

Early on (December, 2012) after  being selected by council as law director, he made a point to point out to The Report, as he was approached for an camera interview, of how tough he is and he was not going to grant an interview.

Fox is not the first Stark County politico/government official who has played the role of a coward with the SCPR and he will not be the last.

As The Report has repeatedly demonstrated in the six plus years of blogging, the SCPR camera records some telling and embarrassing responses to zinging questions put to various and sundry government officials by this blogger.

If Fox thinks he is so tough, why won't he agree to a "no questions barred" interview?

Need the SCPR say more?

Returning to the first paragraph of this blog, council president Jeff Peters is making it appear that he wants to solve the citizen dissatisfaction with Fox's handling of public records requests.

Here is an excerpt from a texted e-mail he sent public records requester Jamie McCleaster.

(colored text:  McCleaster's wordbold, white, italicized:  Peters)


From:  Jamie McCleaster, Jul 1 at 7:22 PM

To:  Martin Olson

Martin,

Here is the text that Miriam and I received from North Canton City Council President Jeff Peters this afternoon. I'd assume that this is in reference to the separate phone conversations we each had with Mr. Peters last night, and my email that was sent to N. Canton's Director of Law (CCed to Mr. Peters and Council VP Foltz).


"Today I asked Tim to contact the AG's office to review our public records policy. It is my intent to clear the air on this issue once and for all! It is my position as the President of council to be open and transparent regarding all city business. Once we have an opinion on our policy and any interpretation therein, we will share that finding with any and all that wants it. Although I appreciate all of your input on this matter, once we have the opinion from the AG, any concerns thereafter will be directed to the Director of Administration. As you all know, city council does not enforce law, they create laws. The mayor and his administration enforce all ordinances. If you have any questions regarding enforcement of current ordinances, please contact Mike Grimes.

Thank you, 

Jeff Peters

This text was sent to us this afternoon, 7/1/14 at 3:50pm.


Hmm?

Okay.

It is my intent to clear the air on this issue once and for all! It is my position as the President of council to be open and transparent regarding all city business.

But?

Once we have an opinion on our policy and any interpretation therein, we will share that finding with any and all that wants it. (emphasis added)

Here is the rub, the SCPR thinks.

"... And any interpretation therein ... "

What will Fox include in his communication with the Ohio Attorney General?

Will it include these sharp exchanges to McCleaster and Baughman?



And McCleaster's response:



Here is the "full" McCleaster original request.


What the SCPR thinks is really odd on Fox's part, is his seeming fixation on not responding "as requested" via e-mail.

The Report had a similar experience with Fox on a public records request.

As with McCleaster, the request was for a e-mail attachment of a pdf or equivalent file of the requested record.

How was the record sent?

A Compact Disc which, of course, cost The Report $2.40.

Admittedly, no big deal.

But the point is that Fox is doing things his way and not as requested by the requester as is mandated by Ohio's Sunshine Law as pointed out in the Ohio attorney general's publication on the law as it pertains to providing public records.

Will Fox in his communication make sure that the attorney general's office knows that he is disregarding the requester's chosen format of transmission?

Maybe, just maybe, one of the readers of this blog will send a link of this blog and a LINK of  last week's blog to the Ohio attorney general's office to ensure that the OAG gets the full story?

Mister Fox has to forgive the SCPR's skepticism that he will be all that inclusive.

And, of course, there are the two Miriam Baughman requests.  One in March of this year and another just a few days ago in June.

From Fox (the June request):


 From Fox (the March request):


Now who in this whole wide world thinks that Fox is being citizen friendly?

It is completely understandable why Fox would not want to do an interview with The Stark County Political Report.

The SCPR has a background and a knowledge base and a style of interviewing that The Report is confident that Fox could not handle.

So what has he done and what will he continue to do?

Cut and run!

That's it.

He is comfortable in the knowledge that North Canton City Council has put him in a position of being answerable to nobody; not even to them.

The North Canton voting public should be holding council responsible for cultivating an antagonistic relationship with Osborne, McCleaster and Baughman.

For it is readily apparent to the SCPR that Fox in is charge in North Canton government.

Council and Mayor David Held have promoted Tim Fox being North Canton government's fist in the cloak of councilmantic and executive gloves.

Council president Peters can try to absolve himself and those council persons who, The Report thinks,  "in reality" support every "let me be difficult" move that Fox has made vis-a-vis North Canton citizens and their exercise of democratic rights, but the North Canton public should not be buying.

Although I appreciate all of your input on this matter, once we have the opinion from the AG, any concerns thereafter will be directed to the Director of Administration. As you all know, city council does not enforce law, they create laws. The mayor and his administration enforce all ordinances. If you have any questions regarding enforcement of current ordinances, please contact Mike Grimes. (emphasis added)

The SCPR is not buying.

"If it walks like a duck and quacks like a duck," guess what?

It is a duck! no?

President Peters can talk he wants about transparency and openness.

"The proof is in the pudding!"

And the pudding here is that council has enabled and condoned Fox's belligerence.

There is little doubt with the SCPR that council and Fox have a hand-in-glove operation going in full flower!



APPENDIX