FIRST IN A SERIES ON CANTON GOV'T FINANCES: CANTON'S "DEFICIT" FINANCES CAUSING LAW DIRECTOR JOE MARTUCCIO A MAJOR HEADACHE?

UPDATED:  11:16 AM

VIDEOS

Canton Law Director

Joe Martuccio

Pleads for $50,000 More in His Budget

....

Finance Chairman John Mariol

Speaks

to the

Issue

...

Citizen Pete DiGiacomo

Support

Martuccio Request

One can be sure that Canton mayor Thomas Bernabei would like nothing better than to come out full bore in favor of Law Director Joe Martuccio getting $50,000 added to the law department's annual operating budget.

Watch Martuccio's plea at Monday night's (July 17, 2017) council meeting.



For one thing, Martuccio likely is law director today because he received the blessing or former law director Thomas Bernabei some 17 years ago when he gave up the position.

For another thing, Martuccio was among the first high ranking Canton city officials to come out for Bernabei in 2015 when Bernabei announced that he was abandoning the Stark County Democratic Party to become a political "independent" to take on third-term-seeking-Democrat William J. Healy, II for the mayorship of Canton.

But Bernabei sat back and watched on Monday as Martuccio twisted in the political winds of Canton City Council as members were seemingly at a loss as how to accommodate Canton's long time law director in light of the 2017 projected shortfall expenditures over revenues leaving about Three-Thousand-Dollars to carryover to 2018.

In the video Martuccio's main finances-based justification for council to act on his request was his office's highly successful negotiation with utilities proving utility service to Canton government and a resultant claimed by Martuccio savings to Canton of "hundreds of thousand of dollars, if not a million, in utility costs to Canton over the next several years.

There is a problem with this justification.

Finance director Mark Crouse tells the SCPR that it is likely that whatever revenues show up in Canton financial portfolio will likely be deposits into Canton's enterprise fund (users pay) operations and very little if any into Canton's general fund.

Hence the struggle on the part of council to find funding with which to fund the hiring of a new lawyer in the law department.

Director Martuccio points out to the SCPR that his staff provides legal services to several Canton enterprise fund operations and therefore there is justification from his perspective of tapping those funds as a means of financing the $50,000 he has asked for.

The better argument for saving Canton's stressed finances money was his expressed reluctance to hire out to private legal counsel on a project-by-project basis at $200 per hour which—compared at about $50,000 to support an additional in-house hire—would get Canton only 250 hours of legal work contrasted to about 2,080 added capability for an in-house hire.

Watch finance committee chairman John Mariol (Ward 7 Democrat) as he responds to a Stark County Political Report query on Martuccio's request.



I asked the mayor to weigh in on the matter post-council-work-session.

He declined saying that restoring $50,000 of a 2017 law department reduction of $90,000 was a council matter and not an administration matter.

In all due respect to the mayor whom I have cited as being "far and away" Stark County's most capable most disciplined and most future calculating government leader; I believe that the mayor has likely weighed-in "off-the-record."

I can't get anybody to say it, but I think Bernabei has told council leaders privately that restoring the $50,000 would send a message to the rest of general fund funded departments of government that their respective reductions in budget are "elastic" and one can override the fiscal discipline that the mayor has instituted by in effect going over his head and pleading with council as Martuccio did on Monday.

You can bet your bottom dollar that Martuccio absolutely hated to be doing so on Monday especially in light of Bernabei being his mentor and political benefactor.  However, he does say that he thinks the $90,000 or so cut was disproportional to cuts made to other general fund funded departments of Canton government.

It appears that council under Mariol's finance committee chairmanship will find a way to muster up the $50,000 so that the law department can be better positioned to deal with the massive infusion of legal work that has inundated the department over the past year or so.

Yesterday, the SCPR reported in a third blog on a continuing series on the headache that Canton has on its hand with the recent revelation of a Rover pipeline contaminated (with diesel fuel) drilling mud spill near Canton's most vital financial/economic resource that being its abundant water supply and a concern that the contamination could potentially leach into that supply.

The law department is devoting hours and hours of its in-short-supply "time" resources to ensure in a legal monitoring context that Canton is protected by state (OhoEPA) and federal (FERC) regulators and, alternatively, to set Canton up to recover from the perpetrator of the spill losses that Canton might incur as a consequence of the spill.

Beside the Rover pipeline matter, there are other more or less unexpected matters that require large time expenditures in legal analysis.

One such major item is the complexity of working with Pro Football Hall of Fame officials in working out financial (i.e. special sales tax district) and property matters for the $700/$800 million dollars "Village" project that was announced a couple of years ago.

And then there are items like the desire of council to weigh in on the president's announced intention to withdraw America from the Paris Climate Accords.

Martuccio says that because of the influx of work generally he has had putting together a legally appropriate resolution/ordinance on the backburner.

It appears that council will at its July 31st meeting come up with a way to finance a new lawyer position in the Canton law department.

Sometimes citizens do not see the ramifications of deficit budgets in concrete terms.

Here is a video of Citizen Pete DiGiacomo at Monday's meeting.



He seems to think that it is relatively easy for Mariol et al to find a mere $50,000 out of a $50,000 million plus annual budget.

But it isn't

Lurking in the background of this is the stir caused by Stark County clerk of courts Louis Giavasis in a recent Facebook post that he has been encouraged by dozens of Cantonians to challenge Bernabei's continuation beyond 2019, should he decide to run.

While I think Giavasis is doing a Donald Trump in terms of engaging excessive, braggadocio talk, Cantonians who care about the long term welfare of Canton government should take the Giavasis threat seriously.

Ward 9 councilman Frank Morris (majority leader [only Democrats hold council positions in Canton]) has come out of the political closet to endorse Giavasis more than two years before the election.

Giavasis said he would provide the SCPR other names.

To-date, nothing.  Hmmm?  Why is Giavais hiding those names?

Just as it appears that Trump is plunging America into the dark ages of politics and government, I think Louis Giavasis as mayor would be a complete reversal of all the very, very,very difficult fiscal discipline and responsibility work that Mayor Bernabei has instituted.

Louis Giavasis as mayor of Canton would be a return to the days of William J. Healy, II, if not worse.

Of course, it was on Phil Giavasis watch as Dems' Stark County chair that Bernabei bolted to "independent" status in order to take on Healy.

Maybe a little revenge factor at play with Louis' threat to run against Bernabei?

Maybe, just maybe, no?

One of the touchstones of effective fiscal work is sustainability of whatever financial obligations a government takes on.

"Sustainability, " in a word, is the most significant factor of John Mariol's uttered words in the above-presented video.

The SCPR applauds Canton council under Mariol's leadership in vetting the continuing financial viability of granting Law Director Martuccio's work.

When council acts to approve Martuccio's request, members should make it clear that council fully support the Bernabei instituted fiscal austerity and that the law department deviation is merited by an infusion of unforeseen legal work into the law department's operations.

This blog is the first in a series in which the SCPR will be taking a detailed look at Canton's financial picture.

SCPR 2013 EDITION OF STARK COUNTY PUBLIC OFFICIAL, PUBLIC FIGURE NEW YEAR'S RESOLUTION

DISCUSSION: THE REPOSITORY CONTINUES ITS MISERABLE JOB IN REPORTING & EDITORIALIZING ON "THE HEALY FIASCO!"

One consistent thing about The Repository on the what the STARK COUNTY POLITICAL REPORT (The Report) now dubs for the first time "the Healy fiasco," is how tardy The Rep has been in reporting on or editorializing on with respect each issue surfacing in "the Healy fiasco."

Only one year into 15 months into his administration, The Report is now ready to say that the Healy administration is a complete failure in terms of losing the confidence of most Cantonians in pulling Canton out of its economic and political stupor.

What is amazing is the degree to which TeamHealy has bamboozled The Canton Repository "powers that be."

Why is this so?

The Report believes that Executive Editor Jeff Gauger and his fellows at The Rep are unsure as to whether or not the Healy administration is going to survive. Moreover, The Rep folks know full-well how punitive Healy is of those who do not do his bidding. So, if he does limp through his remaining 33 months, they likely surmise that getting news out of city hall will be worse that pulling teeth.

Another issue The Report has with The Rep is summed up in the next two sentences.

The Report uses material of The Repository frequently. And which yours truly does, proper attribution is accorded The Rep.

The reverse does not appear to be true.

Ed Balint's article, dated at about midnight yesterday, miserably fails to credit the STARK COUNTY POLITICAL REPORT for being an agent of the "stirring." The only journalistic effort to tie campaign contributions to Mayor Healy awarding contracts has been from The Report and WHBC's "Points to Ponder" (Ron Ponder - talk show host). But curiously miss from Balint's piece is a reference to either The Report or "Points to Ponder."

The Report has had several confirmations that the folks at The Rep follow what The Report's blog. A person from its editorial department e-mailed The Report to correct an incorrect (The Rep having made the initial error) attribution to a Repository editorial The Report was commenting on. And reporter Malcolm Hall of The Rep called The Rep about material The Report has published on the current Marlboro Township turmoil about efforts of township trustees to fire its police chief.

As The Report told Hall, he and The Rep is free to use The Report's material as long as The Rep attributes the source.

The Report has learned that Canton City Council leader Bill Smuckler has commented that the STARK COUNTY POLITICAL REPORT is the only Stark County journalistic effort that has gotten it right on the Healy administration machinations.

Now the Balint story itself.

Notice that Canton Law Director Martuccio couches his analysis in the expression "legally speaking." What this means to The Report is that Martuccio believes that the Healy administration has "the spirit of the law"l problems in the quid pro quo appearing arrangement on Healy's award of the Johnson contract. What's more, Martuccio skillfully qualifies his "legally speaking" with "this is the first time I have looked at the law." The qualification leaves Martuccio with wiggle room for later on. Perhaps, as the Healy administration is on its way out the door?

Healy (in The Rep's article): 'wanted to avoid even the appearance of impropriety in this situation.' What is this Mayor, a joke?

The mere utterance of the expression is that the Mayor understands that the impression is clearly out there in the public square. This tactic is what lawyers call a "confession and avoidance."

Every rhetorical device that Jamey Healy uses bespeaks a man who thinks he can outsmart the whole world with his glib tongue.

And it is working with at least one Stark County entity: THE CANTON REPOSITORY!

It should tell readers volumes that Healy is willing to talk with The Rep's people WHEREAS he will not nor permit his Communications Direct Adam Herman to talk to the STARK COUNTY POLITICAL REPORT.

The Report trusts that the highly respected Canton Law Director Joe Martuccio will not let Healy hoodwink him. He needs to remember that Healy has undermined the public's confidence in his law department by saying, in effect, that his labor negotiating assistant law directors and staff are not ethical enough or expert enough to negotiate an "arms-length" contract with the Canton police unions.

Healy underscored his lack of confidence in the Canton Law Department by reiterating in the Balint piece: "Johnson’s 'experience ... was something that was critical in this process.'

The Report knows Healy well. The Report, at one time, held out hope that Healy could turnaround Canton.

The Report no longer believes Healy can be effective for Canton. Healy needs to move on!!!

DISCUSSION: WHAT GIVES AT THE REP? SCPR SOURCE CONFIRMS HEALY ATTEMPT TO FIRE MCKIMM!

Executive editor Jeff Gauger in his blog - sort of - dealt with the alleged (not doable) attempted firing of Canton Police Chief Dean McKimm.

The STARK COUNTY POLITICAL REPORT (The Report) has a triple take on the Gauger blog.

First, he tries to discredit that the event ever took place because it is "chatter" on the blogs including his own.

Second, Gauger tries to discredit that the event ever took place by taking the position that everybody who is aware of the history of Canton politics know about former Mayor Janet Creigton's attempt to discipline Chief McKimm for not following her directive.

Third, Gauger cites the following responses:

Trouble is, we haven’t found proof to support the rumor suggesting that the mayor tried to fire the police chief. Rep Reporter Ed Balint has talked to the people involved — or, more accurately, to those who would have been involved. They deny it.

Here’s McKimm: No one talked to me about firing me. Not the mayor. Not Tom Nesbitt, the mayor’s public safety director and, on paper, the chief’s boss. Not anyone speaking for the mayor.

Here’s Nesbitt, and I quote him directly: “Absolutely nonsense” and “total malarkey.” Nesbitt even told us that after hearing the rumor himself he called McKimm to assure the chief that there was no plan to try to fire him. “I wanted to make (McKimm) comfortable,” Nesbitt said.

Here’s Joe Martuccio, the independent city law director: Neither Healy nor anyone speaking for the mayor sought my advice this week about firing McKimm.

And here’s City Councilman Bill Smuckler, a former candidate for mayor and a frequent, out-spoken critic of our current hizzoner: the chatter is a bunch of bunk.

Because of the foregoing The Report went back to the source of the story in the first place. The question. "Are you sure that Healy tried to fire McKimm,"

Answer: "Yes." Then the source went on to detail (in a persuasive fashion to The Report) the basis of the certainty.

So this is a very interesting stand off.

On one side: An impressive list of people who say an attempted firing (remembering, of course, the mayor cannot, only the Canton Civil Service Commission after due process of law) never occurred.

On the other: The Report's source. The Report will be quick to retract its story should it become apparent that the source was in error.

As of now, The Report has no reason to doubt the source notwithstanding the denials (including Law Director Joe Martuccio - whom The Report has the highest respect for).

Public official denials are nothing new to sophisticated observers of political processes. These folks are known to parse the dotting of the "i" and crossing of the "t" in the quest to construct a plausible or nuanced denial.

DISCUSSION: TODAY AT CANTON CITY HALL - HEALY TRIES TO FIRE POLICE CHIEF MCKIMM?

The STARK COUNTY POLITICAL REPORT (The Report) has learned that the beleaguered and besieged Mayor William J. Healy, II of Canton tried to fire Canton Chief of Police Dean L. McKimm today.

Canton Law Director Joseph Martuccio stepped in and stopped the firing.

It appears that Mayor Healy is coming unglued.

The Repository today reported that the mayor issued a directive to city workers not to talk to recently fired service director and chief of staff Tom Bernabei. Why would he need to do that. Probably because Healy put Bernabei in a position in which city workers saw Bernabei functioning as the mayor.

Further evidence that the mayor may not see himself as being in control.

The Report also has an observation of a city hall observer that Safety Director Tom Nesbitt may not last the week.

What news will be coming out of city hall tomorrow?