'TIS A PUZZLEMENT! WHO TO NAME AS THE 2013 "LUMP OF COAL WINNAH?"

UPDATED:  1:14 PM

Oh my!

There are ever so many among Stark County's elected officials and public figures that the Stark County Political Report could selected as the "2013 LUMP OF COAL" (LOC) AWARD WINNER.

But whom to select, that is "a puzzlement."

Over 2013, the SCPR has published the better part of 300 blogs.

So there are many to pick from.

POSSIBLE PICKS

GEORGE T. MAIER
JOHNNIE A. MAIER, JR
STARK CO DEMOCRATIC PARTY CENTRAL COMMITTEE
(SCDP-CC)
CHAIRMAN RANDY GONZALEZ

Interestingly enough, as early of January 8th, the Maier brothers (George T. & Johnnie A. Jr) had surfaced as candidates for LOC winners.

George, being pushed by Dems' chairman Randy Gonzalez & brother Johnnie, Jr) who came out of nowhere (according to interim Sheriff Tim Swanson), as a candidate to replace Sheriff-elect Mike McDonald (November, 2012) who could not take office as schedule on January 7th because of an illness that regrettably and lamentably cost him his life on February 22nd.

George was quoted as saying:

George was picked by 92 of 167 voted counted members of the Stark County Democratic Committee on February 5, 2013.

As we know know, his statement was "a lot of phony-baloney" and arrogant bravado inasmuch as the Ohio Supreme Court on November 6th said he was unqualified to be the pick and was ousted "as never having been the legal sheriff."

As if to say "in your face" to the high court, the Dems on December 11th (101 of 166 SCDP-CC members)  once again, under Chairman Randy Gonzalez's leadership, selected George T. Maier.

It appears that Tim Swanson is likely to file a new quo warranto seeking Maier's ouster for a second time.

Moreover, he has asked the Stark commissioners to reimbursed him nearly $34,000 in legal fees.

And, since they are bulking at doing so, the SCPR is being told that he might retract his statement that he will not seek to be paid for the time he should have been drawing a sheriff's salary ($88,511.75) as interim sheriff while (according to the Ohio Supreme Court) George Maier usurped the office.

The SCDP-CC February 5th appoint may end up costing Stark County taxpayers about $130,000.

Hmm?

Will the loses get doubled to $260,000 or thereabouts with the December 11th re-appointment of Maier?

FRANK FORCHIONE
ROSS RHODES

Who can forget another ridiculous statement ("it would be a complete waste of time") made by a Stark County public official/figure Ross Rhodes (assistant Stark County prosecutor) in saying that Stark County citizen Tom Marcelli's demand through his attorney demanded that the prosecutor's office recover $5,000 in fine money for the Stark County taxpayers diverted from the county treasury by Stark County Court of Common Pleas judge Frank Forchione for the benefit of the victims of the December, 2012 Newtown, CT elementary school shooting.

After Marcelli filed his lawsuit, guess what?

In no time at all, Judge Forchione was scrambling to recover the $5,000 to the Stark County treasury.

Want to say that again, Prosecutor Rhodes?

CANTON MAYOR WILLIAM J. HEALY, II

Not a year goes by that Canton mayor William J. Healy, II is not a serious contender for the SCPR "Lump of Coal" Christmastime Award.

And  2013 is no exception.

Who can forget the furor Healy unleashed within the Stark County Council of Governments (SCOG) when he orchestrated the changing of the rules of the Stark County Crime Lab so that non-scientist and political pal Rick Perez (a former and "retired" Stark County chief deputy sheriff [operations]) could become the crime lab chief on February 5, 2013.

Healy tried to blame his safety director Tom Ream.

But nobody was buying Stark County's master manipulator politician Healy's.

STATE SEN SCOTT OELSLAGER
STATE REP CHRISTINA HAGAN

At Canton City Council's February 11th meeting, President Allen Schulman let go with a barrage on Stark County's delegation to the Ohio General Assembly for standing by and letting Ohio's urban areas (Canton is Ohio's eighth largest city) get gutted in their local government funds (which includes the formal local government funds, the inheritance tax and a utility tax) from the state of Ohio

Representative J. Kirk Schuring (R - Jackson) and Stephen Slesnick (D - Canton) did respond to Schulman's call to come to council to answer questions.

But not Scott Oelslager (R - Plain) and Christina Hagan (R - Marlboro).

Oelslager, through an aide, said he was "too busy" to come to Canton in Stark County to account to Canton council and, Christina Hagan, she simply blew those Stark County city folk off.  After all, she is Stark County
s "rural" area representative.

And, what's more, though she not say she was too busy.

But it is highly likely she is.

According to an Akron Beacon Journal article of October 5, 2013 she is waiting tables (in addition to being state representative) to pay off an astronomical $80,000 student loan.

So two of Stark County's four legislators have no time for financially troubled Stark County communities?

Wow!

CANTON COUNCIL MAJORITY LEADER DAVID DOUGHERTY

Canton Council's Democratic majority leader David Dougherty (Ward 7) comes across as being an intelligent guy.

And that may be.

But as an adept politician among his colleagues, he comes up way short.

The word is that because of his abrasive manner with his fellow council members he will no longer be majority leader as of January 6, 2014.

And as far as the SCPR is concerned, he has only himself to blame.

Of course, internal politics like that are no reason to consider Dougherty as potential "Lump of Coal" award winner.

However, there is an aspect of his apparently abrasive manner that is deserving of consideration of being the SCPR's 2013 LOC awardee.

The SCPR opined on February 8, 2012 that Dougherty did not have "a good bedside manner" when chairing a Canton City Council meeting of February 6th.

One of the most important things that any government body or official does, is to hear their constituents on their concerns and questions respecting the operation of government.

A forum in which those concerns/questions are made known are generally titled on meeting agendas as being "public speaks."

Canton City Council has such an agenda item each and every meeting.

On the 6th, Dougherty appeared to be unnecessarily brusque with several citizen-presenters at Public Speaks.

Fortunately, in the view of the SCPR, Dougherty infrequently - as majority leader and hence vice president of council - chairs a council meeting.

One would think that he would have paid attention to the SCPR February 8, 2012 blog on The Report's observation of his apparent lack of an appropriate "bedside manner" in conducting meetings.

But he didn't.

Councilman Dougherty was back at it with his brusqueness on August (the 26th) of this year.

Hence, the SCPR considers David Dougherty for the 2013 SCPR "Lump of Coal" Christmastime award.

ALAN HAROLD, STARK COUNTY AUDITOR
PHIL GIAVASIS, STARK COUNTY CLERK OF COURTS

Republican Alan Harold ranks up there as one the Stark County Report's favorite Stark County public official.

Alex Zumbar (also a Republican) is probably number one, but Harold is a close second.

A main difference between the SCPR and other Stark County media is that The Report just as easily critiques public officials/figures who impress in an overall sense as readily as The Report pans those who seem to consistently come up "short of the mark" on quality public office/function performance.

Scrutiny of the public sector is about good government; not being a respecter of persons.

One of the things that his predecessor (Democrat Kim Perez) got "raked over the coals" about (no pun intended) was a perception by the folks on the editorial board down at 500 Market Avenue, South that Perez (when he defeated Republican Brant Luther in 2004 [Luther had been appointed by the Stark GOP to replace Janet Creighton as county auditor when she took office as mayor of Canton on January 1, 2004] - when he took office - appointed his Democratic Party political cronies to positions within the auditor's office.

Not to be too harsh on my "editorial board friends," there is some evidence that their concerns had some validity (e.g. Jimmy Babcock and Kevin Fisher).

However, The Report thinks those editorialists are way too selective in singling out Perez.  Those folks are strangely silent when others appoint politically connected persons to office.

It seems that Democrats get lambasted to the exclusion of Republicans.

Hmm?

Well, as we all well know, Democrat Kim Perez got knocked off by Harold in November, 2012 because he was perceived by a majority of Stark County voters of having too politically close to Stark County treasurer Gary D. Zeigler (1999 - October 19, 2011) (see this LINK for background information as to why that perception likely developed).

As readers of the SCPR know, even if The Report likes a particular government official, if The Report thinks there is a transgression by "the favorite," a critical blog is going to come fast and furious.

And such was the case with Harold in his appointing A.R. "Chip" Conde to a lead position in the auditor's office.

Conde is a politically connected Republican who ran against incumbent Democrat William J. Healy, II in 2011 for the mayoralty of Canton.

While The Report thinks Conde is a highly capable guy (which is Harold's defense), there are lots of "highly capables"  and for Harold to hire him to the position (based on political connections - a SCPR opinion) is a breach of he public trust.

Wait a minute!  Harold did advertise the position.  How can you think the Conde hire has political underpinnings?

The Report thinks that Harold is more politically astute that either Campbell or Giavasis.  It appears to the SCPR that the advertising was a sop to the likes of The Report and that nobody except Conde was ever, ever going to get that auditor's department job.

The Report roundly criticized Democrat Rick Campbell for doing the same in hiring son - Kody Gonzalez - of Stark County Dem chairman Randy Gonzalez (who denies he had anything to do with the hiring) as his chief deputy recorder several years ago without seeking competitive candidates.

And, as if he lives a charmed life or something; the SCPR was again critical this year as Kody Gonzalez once again was the recipient of jumping from chief deputy recorder to being chief deputy clerk of courts (Canton Municipal Court) - again "no competition" - at the hand of Democrat Phil Giavasis - the elected Canton clerk of courts.  Kody succeeds father Randy as chief deputy as if the position a family heirloom.

Moreover, the Kody Gonzalez transition was made at - what the SCPR considers to be - a huge increase.  From $49,000 as beginning chief deputy recorder to $64,000 as beginning chief deputy clerk of courts over the course of about five years.

Undoubtedly, father Randy denies having anything to do with the appointment.  The SCPR did not bother asking Randy because the expectation is that all that is forthcoming is "a political spin" that matches or exceeds what comes from Mayor Healy.

Father Gonzalez has tried to sell the SCPR on the notion that "public service" is a Gonzalez family tradition.

The SCPR's rejoinder is a always a sarcastic "oh yes, 'well paid' public service."

Of course, a denial could be true.  But who is going the believe it?  The SCPR certainly has and will not.

To the SCPR, the Harold, Campbell and Giavasis moves reek of partisan politics and when they occur they have been and will continue to be roundly criticized by The Report.

To boot, such conduct will always be prime candidates as being worthy of consideration for the annual SCPR "Lump of Coal" Christmastime award.

Public officials wonder why public skepticism and even cynicism is on the rise?

As an aside - while we are on the topic of "political connectedness and public jobs" - the SCPR is hearing that Randy Gonzalez (who is retiring in January from the Canton chief deputy clerk of courts job) is being considered by newly re-appointed Sheriff George T. Maier as a replacement fiscal officer (Gonzalez is the elected fiscal officer for Jackson Township) for the most recent fiscal officer who resigned last Friday some two days after Maier's reappointment.

It may be that Maier was trying to "grease the skids" for Gonzalez this past Wednesday evening at a holiday gathering of the Stark County Police Chiefs Association when he was telling them "how devastated he was" to lose his fiscal officer.

Hmm?

One can't do without a fiscal officer very long, no?

One has to get one as soon as one possibly can, no?

Does anybody know of anyone who might soon be available?

Another side note.  Readers of the SCPR will recall the blog in which The Report revealed that before he was abruptly removed as sheriff on November 6th by Ohio's court of last resort, Maier was in negotiations with Warren Price (legal counsel for Chairman Gonzalez and the SCDP-CC in Darrow/Maier v. Gonzalez/SCDP-CC mandamus action)  for Price to come on board as either a direct employee/contract employee as the sheriff's legal counsel/human resource director.

Well, one has to wonder whether or not those Price negotiations are on again.



The SCPR has e-mailed both Gonzalez and Maier asking for confirmation of the reports, but neither have responded.

Don't hold your breath, but if they do, of course, the SCPR will supplement this blog to give them their due.

CHUCK OSBORNE
JON SNYDER
MARCIA KIESLING
TIM FOX
NORTH CANTON CITY COUNCIL

When Darryl Revoldt was North Canton Council president, the SCPR used to think that this council was one of the Stark County's better councils.

But no more!

While council President Jon Snyder is a pretty smooth guy, he does not possess the skills of Revoldt.

The nemesis of North Canton's council is civic activist and former councilman (2000 - 2001) Chuck Osborne.

Revoldt, more or less, kept Osborne in line, but, on one occasion, had him removed from a council meeting for being disruptive.

The SCPR's take on Osborne is that "he is a mixed bag."

Osborne has appeal to The Report in that he is one of only a few Stark Countians who have the stomach for holding public officials' "feet to the fire" in being responsive to the needs of citizens over their own convenience and druthers.

However, he take on projects that the SCPR disagrees with.

One was his recent initiative to make the mayor's office in North Canton a full-time position.

For his nonsense approach on this issue, Osborne does earn the attention of the SCPR as a potential candidate for the 2013 SCPR "Lump of Coal" Award.

Osborne is not the only North Cantonian deserving of consideration for this year's award.

Council President Jon Snyder is another.  As is Republican Councilwoman-at-Large Marcia Kiesling.

In the run up to this year's council election both Snyder (Ward 4 [Mueller]) and Kiesling (McCleaster) decided to file campaign ethics charges.

The point of SCPR dissatisfaction with Snyder and Kiesling is their reported attempt to deny Hillary Mueller and Jamie McCleaster a right to have legal counsel (namely, Warren Price) represent them at the Ohio Elections Commission hearing.

Really?

That's what the SCPR heard.

It seems that the objection was that Warren Price had been in discussions about becoming North Canton's water plant superintendent.

So?  What does that have to do with whether or not he represented Mueller and McCleaster before the Ohio Elections Commission?

Exactly the thinking of the SCPR!

As The Report understands the matter, the contention was that Price had agreed to become a North Canton employee and therefore Price would have a conflict in interest in representing the Snyder/Kiesling political opponents.

The fact of the matter is, as it turns out, Price did not accept North Canton's offer.

And the SCPR fails to see how - even if he had - how such is a conflict-in-interest in representing.  It was not the city of North Canton, Price was opposing in his representation of the pair.  It was Snyder and Kiesling in their individual capacities as candidates for political office.

In the final analysis, Price went ahead with the representation.

The SCPR was so unimpressed purported attempt to interfere with this basic right of a person to be represented that The Report believes Snyder and Kiesling are deserving of consideration for the 2013 version of the "Lumo of Coal" SCPR Christmastime award.

Lastly, the SCPR has not been impressed with North Canton City Council (Republican controlled) and North Canton Law Director Tim Fox (a Republican) in:

• one the hiring procedure whereby council hired Fox, 
• Fox's seemingly belligerent attitude towards anyone who questions council or him in the discharge of public duties

Accordingly, put North Canton City Council on the list of eligibles for the 2013 6th Annual "Lump of Coal" Award.

A roll of the drums please!

THE 2013 SCPR "LUMP OF COAL"  WINNER

GEORGE MAIER SHOULD BE BEGGING TIM SWANSON TO FILE A SECOND QUO WARRANTO?

UPDATED AT 12:00 PM

SWANSON LETTER TO FERRERO OF 12/13/2013 SUBSTITUTED IN

After thinking about it again, the SCPR thinks that there is a case for "a changed mind" about whether or not the George Maier ought to be begging Swanson not to file a new quo warranto.

A few days ago, The Report wrote:

So The Report thinks that the establishment [Gonzalez et al] leadership should have been more conciliatory on Wednesday to Darrow's supporters and, even now, should be rushing to conciliate with Swanson before he goes off on another quo warranto mission.

But on second thought, perhaps not.

It would, of course, be politically devastating to Maier to lose again in the Ohio Supreme Court.

And, depending on the timing of a negative on qualification outcome, could make it impossible to be deemed qualified even in a primary election scenario.

If he doesn't get in front of the court again at interim Sheriff Swanson's initiative, his next trip to the court might have to be at his own initiative.

And it could be an effort that comes too late for him to be certified as a qualified primary election candidate or, alternatively, one in which the general election comes and goes without the court having made a decision.

How's that?

If Swanson does not challenge Maier via a "by what authority he holds office" a second time, Maier's next qualification test will be at the hand of the Stark County Board of Elections (Board/BOE) as part of Ohio's "election of a sheriff qualification process," for the primary election set for May 6, 2014, to wit:

311.01 Election and qualifications of sheriff

(F)(2) Each board of elections shall certify whether or not a candidate for the office of sheriff who has filed a declaration of candidacy, a statement of candidacy, or a declaration of intent to be a write-in candidate meets the qualifications specified in divisions (B) and (C) of this section.  (emphasis added)

So?

The Stark County Board of Elections "ain't" the Gonzalez/Johnnie A. Maier, Jr controlled Stark County Stark County Democratic Party Central Committee.

And, without a favorable to George T. Maier ruling from the Ohio Supreme Court on his qualification before they rule, it is not hard to see the two Republican members of the Board voting "not to certify him" thereby making him ineligible to gain the Democratic Party nomination.

Okay. Let's see. There are two Democrat BOE members who, undoubtedly, will vote that he is certifiable as qualified and the two Republicans, who, likely, are to vote that he is not certifiable.

Hmm?

Two to two, the candidate wins the tie!

Not so quick.

There is a tie breaker vote provided for in Ohio's statutes.

Hmm?

Who is the tie breaker?

The Ohio secretary of state who is REPUBLICAN Jon Husted.

Hmm?

Might be a problem for George, no?

So maybe, just maybe, George would be better off getting the matter resolved sooner than later with one more effort to convince the Supreme Court that he is qualified.  Courtesy of guess whom?

You've got it.

Interim Sheriff Tim Swanson!

And indications are that Maier may be accommodated by Swanson.

Friday is the "drop-dead" date on whether or not a second Swanson challenge is in the offing, the SCPR is told.

On December 10th,  the Maier legal team has filed a motion with the Ohio Supreme Court for it to dismiss Swanson's Writ of Mandamus filed on November 18th and under which the court refused (on December 10th) to order the removal of George Maier's name from consideration at the Stark County Democratic Party's central committee (SCDP-CC) selection meeting last Wednesday.

Maier went on to win his second appointment by a 101 to 65 vote over Lou Darrow.

Last Friday Tim Swanson sent a letter to Stark County prosecutor John Ferrero, to wit:

"I am again requesting that your office take whatever steps are necessary to begin legal action to determine if George Maier is qualified to assume the position of Stark County Sheriff." (emphasis added)

 

As emphasized by the green highlighting, Swanson added that should Prosecutor Ferrero find that Maier is unqualified then he wants a determination of "whether any improper expenditure of funds has taken place."

A well placed source tells The Report that it would reasonable to infer from his sending of the letter, that Swanson will file a second quo warranto to remove George T. Maier from office if Ferrero or a specially appointed prosecutor (Ferrero has maintained that he has a conflict in interest) fails to file.

Ferrero, in February, did not seek to have a special prosecutor appointed.

He sort of did when Craig T. Conley (on behalf of Stark County taxpayer Thomas Marcelli) demanded that he do so in order to recover to the public county treasury monies received (salary and benefits) and spent (on rebranding the office his name) during the time Maier was in office as a usurper as determined by the Ohio Supreme Court on November 6th.

However, the Stark County commissioners seems to the SCPR to be solidly behind Maier and waived aside Ferrero's suggestion that they and he might jointly accede to Conley's demand.

Consequently, Conley in late November filed Marcelli's civil suit against Maier.

One of Stark's commissioners is Republican Janet Creighton.  She "makes no bones about it," she is committed to supporting Republican candidates across Stark County who run for elective office.

There is no doubt with the SCPR that the person for the Republicans to run against Maier in 2014 is former Alliance police chief and current Hartville police chief Larry Dordea.

Dordea, in the judgment of The Report, is the only Republican law enforcement officer up to taking on Maier.

He ran against Tim Swanson (2008) and Mike McDonald (2012) and was very competitive in doing so in a county which tilts Democratic in countywide elections except if the Democratic candidate has political roots in the city of Canton.

But for some reason, Dordea does not seem to garner the enthusiasm of folks like Creighton and Stark County GOP chairman Jeff Matthews.

The SCPR had a discussion with Commissioner Creighton on the topic of a third Dordea candidacy about a week ago and she did indicate that if it came down to Dordea v. Maier, she would be supporting Dordea.

However, she inter-spliced into the conversation a comment that "there are other Republicans interested in contesting Dordea for the GOP nomination in May, 2014."

All of which leads The Report to believe that Dordea may only get "official" support from the likes of Creighton.  Hardly, a basis for rosy prospects for Dordea to defeat Maier if Maier makes it to the 2014 general election.

Could it be that if Swanson declines to challenge Maier a second time that one or, perhaps, both Republicans (William Cline and Curt Braden [a former chairman] on the BOE would join the Democrats to certify Maier as being qualified when even in the light of the November 6th Ohio Supreme Court decision to the contrary?

Perhaps.

But wouldn't Maier have a more certain shot at being deemed qualified in stating his case anew in a second Swanson Supreme Court challenge?

After all, the original decision was 5 to 2 in favor of Swanson.   Maier is only two votes away from having a smoother path to being elected as Mike McDonald's successor.

Readers will recall, of course, that the whole reason for this jockeying as to who will be Stark County's next sheriff is due to the fact that Mike McDonald, elected in November, 2012, could not take office on January 7, 2013 (as scheduled) due to an illness which turned out to be terminal (February 22nd).

Of course, there are two sides to that coin whereby Swanson files a second quo warranto and that is if it turns up  Maier "not-qualified" a second time.

Does anybody doubt George Maier would be finished as a candidate?

Even if the decision comes before the primary election, it is hard to see how even "unenthusiastic" (presuming Cline and Braden share what the SCPR thinks is Creighton misgivings about Dordea) Republicans can ignore two Ohio Supreme Court determinations that Maier is unqualified and vote (one or both) to certify him.

Certainly,with John Kasich running for reelection in 2014, one would think that Ohio Secretary of State would not want to aid the Democratic Party cause in Stark County in helping Maier to qualify him for office.

All of which would leave George T. Maier in the unenviable position of putting himself before the high court for a third time on the qualification issue in context of another Democrat (presumably Lou Darrow) being the party nominee.

So it seems to the SCPR - on rethinking the matter - that rather than discourage Tim Swanson from filing a second quo warranto, perhaps, the Maier supporters ought to be encouraging him?