STARK COUNTY POLITICAL REPORT "SNAPSHOT" FISHER V. PORTMAN

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IF COMMISSIONERS DON'T PUT ON THE 0.25 SALES TAX RENEWAL, DOES IT MEAN THAT STARK COUNTY IS GOING ON A PERMANENT HOLIDAY ON "ADDED SALES TAXES?"

Stark County has long prided itself as being among the lowest, if not the lowest, sales tax added (to the base Ohio sales/use tax) in the entire Buckeye State.

Lately, the notion of not renewing the 0.25 sales tax currently in place is gaining currency among some county officials and candidates for commissioner.

One such candidate is Republican James N. Walters who is running for commissioner (Tom Harmon's 2 year unexpired term) against Democrat Tom Bernabei.  When asked by the SCPR whether or not he supports putting the renewal on the ballot in May, 2010, he says flat out - No!

Republican Janet Creighton who is running for a full term (to replace Todd Bosley) against sitting commissioner and Democrat Steve Meeks says she had not made up her mind as does Bernabei.

Meeks, however, is among those showing interest in abandoning the renewal.  However, this does not mean that Meeks is in favor of no added sales tax.  He understands that dropping the renewal would mean additional cuts of 30 to 35% in the county budget come 2012.

One idea that is being floated that seems attractive to Meeks is to reconstruct the renewal into a new tax dedicated to the financing of Stark's entire criminal justice system.

If a new "exclusive for criminal justice" sales tax is introduced while dropping the 0.25 up for renewal tax, such is kind of like (from The Report's perspective) a Trojan Horse-esque way of solving the county's budget woes.  One always has to beware of gifts from unlikely sources.

When commissioners (Bosley, Harmon and Vignos) imposed a 0.50 sales tax (split 50/50 between 9-1-1 rehab and the county general fund) in December, 2008 they also promised to drop the 0.25 tax.  However, Stark taxpayers rejected the entreaty in November, 2009 by an overwhelming margin.

Over the past two weeks, Prosecutor John Ferrero has written to and appeared before Stark County commissioners asking for $288,000 in additional money.  They gave him $181,000 as sort of a loan until his grant money comes in next March (2011).  But commissioners balked at the remainder.  In fact, they told him to go ask the Court of Common Pleas for the money.

The Report believes that many elected Stark County officials think the courts are awash in money.

The SCPR believes the repackage of the tax package could work.  Citizens do get worked up when they think their safety might be jeopardized.  However, these are especially tough economic times and therefore there might even be resistance to an idea which makes sense.

Criminal justice accounts for about 70% of Stark's 55/56 million dollar budget.

The discussion on which tax (the renewal versus a dedicated criminal justice) to present to voters will heat up with the coming of the new year 2011.

APPOINTMENT OF INTERIM TREASURER SHOULD HAVE BEEN HANDLED DIFFERENTLY?

Stark County's interim Treasurer seems to be confident that she will be running to fill the term of deposed (by Stark County commissioners) Stark County Treasurer Gary D. Zeigler.

Maybe she knows something political insiders do not?

But the SCPR is told by one savvy Republican elected official that she has virtually no chance to defeat former Alliance Auditor Alex Zumbar (currently finance director of North Canton) next Wednesday's at the Stark GOP Executive Committee session to be held at the North Canton Civic Center at 6:00 PM.

In the video below (which includes her swearing in), interim Treasurer Jamie Allbritain says that she sees no problem in working with a new interim treasurer that Stark County Democrats will surely appoint on this coming Tuesday as they both (presuming the Democrats name the same person as interim and as the party's candidate) campaign for election to the office on November 2nd.



As readers of The Report can surely detect in her answers to the SCPR's questions about her preparations for the upcoming Wednesday selection process meeting, she is going sheering on faith.

On a related matter, the SCPR believes that the Stark Commissioners did not serve Stark Countians well in how they handled Allbritain's selection.

It appears that the commissioners appointed Allbritain for four reasons:

• she is a Republican (Stark Democrats are the the most favored political species in Stark County these days)
• she has worked in the office for about three years
• she is a CPA
• she had no political ambitions

Well, they were wrong on the fourth count.

So?  Why is that important?

Because by saying forthrightly that she was not interested in the office long term and then changing her mind, it sets her up for having the beginnings of a credibility problem.

She should have said "I'm thinking to over," or the like.  By taking the tack she did, Allbritain is showing indications that she may not be any different than any other political/office holding figure.

Moreover, vacillation is absolutely the last thing Stark County needs after going through what the county has gone through in county commissioners removing Zeigler from office. 

It has been a tumultuous 16 months plus since Zeigler fired former Chief Deputy Vince Furstaci.  In June, 2010 Frustaci admitted stealing $2.45 million in treasury funds and is due to be sentenced on Tuesday next.  Zeigler was not accused of any criminal wrongdoing.

What the commissioners should have done is to bring Stark County GOP chairman Jeff Matthews and Stark Dems chairman Gonzalez in and asked them (in view of the circumstances) to consider recommending to their respective nominating committees a consensus candidate such as City of Canton auditor official Gary Young (a Democrat, but thought very highly of by former Canton mayor Janet Creighton and most likely all politically attuned Stark Countians)  just to fill out Zeigler's term through September, 2013.

Under normal circumstances, such an approach is not the way to go.  Political competition is America's system of government that, when it works correctly, has served us well

But what Stark County needs perhaps more than any other time in Stark County history is to have a person who has demonstrated long term competence in financial matters and who is largely seen to be "above politics."

The Report has learned that the alternative to Allbritain was a well-heeled Democrat who, had he been appointed, certainly would have caused a firestorm among the Stark County electorate.  Especially the Republicans.  However, there would have been unhappy Democrats, too.

The Report's plan probably would not have worked.  Political parties have a mission to be highly self-serving (focusing on electability and re-electability) and not on getting he most qualified and the most likely to succeed on merit into office.

But it was worth a try. 

What the commissioners have succeeded in doing is to create more of a mess!

(SEE VIDEO) PROSECUTOR FERRERO ASKING COMMISSIONERS TO TAKE $100,000 MORE FROM THEIR "BUDGET STABILIZATION FUND." WHY NOT? ONE OF HIS PROSECUTORS THINKS THE COMMISSIONERS' HAVE $5,000,000 IN THE FUND. BUT THEY DON'T!

It was interesting to watch Stark County Prosecutor John Ferrero dialogue with the county commissioners about his need for an additional $100,000 to make ends meet on this year's budget for his office.

The most interesting thing readers will note in the accompanying video is that he volunteers that he has known for the entire year that there would be a shortfall of about $100,000.

So why not make cuts along the year so as to avoid a the deficit his office is now facing?

Ferrero's answer?  Something to the effect that he was hoping that the cure would just happen because of a spontaneous/serendipitous money saving occurrence?

Now he stands before commissioners apparently trying to place a guilt trip on them because now he is going to have to (unless he get the $100,000) begin furloughing his staff.

The commissioners did play the game with him to a limited degree, to wit:  "We know your staff works hard," they said.  But then they did buck up.  "We have not replaced our last for departed employees," they responded.  "Our employees also will have to take furloughs."

What they should have added is this:  "Mr. Ferrero, if you knew from the beginning of the year you were facing a $100,000 shortfall, then you have to accept and own up to the responsibility with your staff that you are to blame."

Also, "Well, Mr. Ferrero, you need to do a better job of managing your funds, especially when you have known for some time a shortage was in the offing.  Accordingly, your plea falls on deaf ears.  Do what you have to do to make up your office deficit."

Stark Countians should be disturbed to have a county official blatantly admit to have had foreknowledge, but then just sit by and let the inevitable just happen.  What kind of leadership example is that?

It will be interesting to see if the Stark County Common Pleas Judges are willing to bail Ferrero's office out.

One can tell how irked Commissioners Ferguson and Meeks were that one of Ferrero's assistant prosecutors thinks that the commissioners have $5,000,000 in a "rainy day fund" to dispense to the improvident.

And Ferrero is the guy who is the liaison between county office holders and the Citizens Review Committee? 

The SCPR said from the beginning that Ferrero was the wrong guy for the job.  But there he sits.  Hmm?

The Report is not even willing to give Ferrero high marks for his handling of the recovery of lost funds from the Stark treasury ($2.96 million).

As yours truly has said from the get-go and Repository Executive Editor Jeff Gauger recently echoed, the person Stark Countians should be high on praise for is local attorney and civic activist Craig T. Conley.

The SCPR believes Conley (who expended large amounts of uncompensated  lawyer time doing research, preparing and filing pleadings) drug Ferrero kicking and screaming into a more aggressive and assertive mode of pursuing efforts to recover monies lost from the Stark treasury because of the former Chief Deputy Frustaci admitted theft of $2.46 million.

The moral of the story of Ferrero's appearance for other Stark County elected officials and for the $100,000 in more money?

Believe it folks.  There ain't no more money!  They all had better become super efficient managers of their budgets because they haven't seen anything yet.

The year 2011 will be bad (16.1 to 21.1% in budget cuts, depending on whether or not the commissioners deplete the "rainy day fund.")

And 2012?

Unspeakable!

If you are a Stark County elected official.

Here is the video that captures the essence of the Ferrero and commissioners exchange.

STARK COUNTY POLITICAL REPORT "SNAPSHOT"

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IS HE COMING BACK? WHO? GARY D. ZEIGLER AS STARK COUNTY TREASURER, THAT'S WHO! WILL FORMER NORTH CANTON CHIEF CITY ADMINISTRATOR E.E. WISE, JR., BECOME THE NEW "INTERIM" STARK COUNTY TREASURER ON SEPTEMBER 8TH? ZUMBAR THROWS HAT IN RING.

REVISED AT 10:45 AM

It appears that Stark Countians are ready to move on from Gary D. Zeigler being county treasurer.


Desirable as that may be, isn't it premature to do so? 

As everyone knows who has been keeping up on what local attorney and civic activist Craig T. Conley has termed as "Zeiglergate," though Zeigler lost his request to Geauga County Court of Common Pleas (retired) H.F. Inderlied (sitting by Supreme Court assignment) to enjoin the Stark County commissioners from removing Zeigler from office under Ohio Revised Code Section (ORC) 321.28; he has filed an appeal of that decision to Ohio's 5th District Court of Appeals which sits in Canton.

And there are a number of Stark County legal minds who think Zeigler will win in the end and may be eligible to return to office.

The SCPR has learned that Zeigler's attorneys on their "docketing statement" asked for "accelerated" status for a Court of Appeals decision on their appeal.  If the case does proceed on an accelerated basis, according to the SCPR's reading of the Court rule, it seems plausible that the Court will have made a decision prior to the November 2nd election date.

However, the commissioners' attorney can object and get the matter set over to the regular docket and then there seems to be no chance for a pre-November 2nd hearing.


Here is the rule:

(B) Accelerated Calendar.   Pursuant to App.R 11.1, this Court has adopted an accelerated calendar.  The Court shall determine from the docketing statement whether the appeal will be assigned to the accelerated or regular calendar.   If the appeal is assigned to the accelerated calendar, oral arguments shall not be scheduled and the matter will be determined upon submission of all briefs.

    If appellee or cross-appellee objects to the assignment of the appeal to the accelerated calendar, appellee or corss-appellee may file and objection with this Court within thirty days of the filing of the docketing statement and the case shall be assigned to the regular calendar.

(Adopted effective September 30, 1995; amended effective May 1, 1997; amended effective January 1, 2008)

So what happens if he does get Judge Inderlied reversed and the reversal occurs before the election?

That folks is a $64 million question! (adjust upwards from the original $64,000 to account for inflation)

But there is sort of an answer.

Really?

Yes.

Answer:  Stark County will have more of a "mess" on its hand than existed when Zeigler was in place.

We (Stark Countians) already have a mess on our hands because of the screwy way Ohio's laws are in terms of succession when a removal from office occurs.

"... may ... appoint some person to fill the vacancy created. ... "

The commissioners did appoint Republican Jamie Allbritan to succeed Zeigler.

Initially, Allbritan has said she was not interested in running for the office.  All of a sudden she has apparently had an epiphany and now is going to run for the office in the November 2nd election.

That's because the commissioners' appointment is only for a matter of days.  Kind of a "have somebody" in charge appointment.  The Allbritan

• appointment was made on August 23rd, 

but she

• can't take office until Friday, September 3rd 

because the county had to secure a bond for her.  And she will be 

• out of office on September 8th 

UNLESS (who believes this will happen - especially because she has made a political issue out of her interim status by first saying she is running in November) Democrats confirm her as interim treasurer.


On September 7th, Stark's organized Democrats are going to meet at Mayfield Center to select both an interim appointee treasurer and a person to seek the office.  This could mean two different persons, but don't count on that happening.

The SCPR has learned that E.E. (EJ) Wise, Jr., (EJ) is to be the likely choice of Democrats as both the interim and "run for office" nominee of the Stark County Democrats.

On September 8th, Stark's organized Republicans are going to meet at Malone University (the Johnson Center) to select ONLY a person to seek the office.

The list:  (from an Alliance Review report of today)

So EJ will move in on September 8th or shortly thereafter with Allbritan working for him while she is running against him.

Wise was recently demoted from being the chief administrator at North Canton.  Previously, the SCPR has written that Mayor David Held (a Republican) who appointed Wise chief administrator in the first place had read "the handwriting on the wall" that North Canton Council wanted Wise to be gone and once the Conley's Zeiglergate broke, was out lobbying his Democratic friends to put Wise in Zeigler's place once Zeigler resigned.

There were two problems with Held's quest.  

First, Gary Zeigler was going nowhere on a voluntary basis.

Second, the Stark Democratic Democratic hierarchy was not interested in Wise (a former Stark County prosecutor) because he has lost every election he has been involved in and he is not viewed as a staunch enough Democrat (e.g. he is working for a Republican mayor).

But times have changed.

Now the Dems' leaders are interested in Wise.

Why?

The five who have been publicized in the media as seeking the Democratic nod are "no-names" in the political sense of defining no-names.

And why is Wise interested?

He can see the hand writing on the wall too at North Canton.  What does he have to lose?

Looking at the Republican list, note one politically well-known and connected name:  Alexander Zumbar.  Interesting.  He is the Finance Director for North Canton.  Hmm?
 
Could we be looking at a Wise (North Canton administration) versus Zumbar (North Canton administration) come November 2nd rather than Wise v. Allbritain?

Back to the idea of Zeigler returning.

One of the reasons organized Democrats and Republicans are scrambling to find someone to run to succeed Zeigler is that possibility that Zeigler himself could be returning to office.

The SCPR believes that if Zeigler does succeed on his appeal (which may ultimately be decided by the Ohio Supreme Court), he could be coming back.

As things stand now, they are a real mess.

If Gary Zeigler wins in the courts, they will be even messier!!!

STARK COUNTY GOVERNMENT NEEDS TO CHANGE. BUT IN WHAT WAY?

In the budget bill (House Bill 1) for fiscal years 2010 and 2011, (enacted in the summer of 2009) there was a very important provision which does not deal directly with Ohio's budget.

It had to do with setting up a 15 member commission known as The Ohio Commission on Local Government Reform and Collaboration (Commission) to study ways to make local government more efficient and effective.

The Commission was charged to come up with recommendations to the Ohio General Assembly and the Governor by July 1, 2010 on:

Well, July 1st has come and gone and, of course, there has been slippage on the due date of the Commission's report to today, September 1.  However, the last meeting of the Commission was on August 27th.  One has to wonder if today will actually be the day.

In any event, the report will be issued very soon, if not today.

The SCPR believes this is a very important report for Stark County.

Why so?

In the opinion of The Report, Stark County is in need of restructuring. More so than even Canton.  Canton only elects an auditor, treasurer and law director in addition to the mayor and councilpersons.

Stark County has nine centers of political power.

The whole fiasco with the Stark County treasury and the lack of checks and balances within county government to prevent the admitted theft by Chief Deputy Vince Frustaci of some $2.46 million makes it obvious to yours truly that Stark County government needs reworked.

One current option under the law of Ohio is for Stark to go charter government a la Summit County (1974) and Cuyahoga County (2009).  Lucas County (Toledo) is mulling charter government over, but note one of the co-chairs of the Commission is the auditor in Lucas County.

And that may turn out to be the choice for Stark Countians to make.

However, the work of the Commission may contain recommendations that are even better for Ohio's counties, cities and villages in a more collaborative and regional context.

On April 30, 2010 the Ohio Council of County Officials (elected officials) submitted written testimony to the Commission which appears to the SCPR to be opposition to as good part of the work of the Commission (i.e. efficiencies).  The Report takes the inviolability of the right of county officials to be elected is code for opposition.

Although Stark citizens are likely to besiege the county commissioners when they have county problems.  In actuality, the commissioners have very little control over the functions of county government other than their own office.

An example is their inability to get independently the elected auditor, clerk of courts, coroner, engineer, prosecutor, recorder, sheriff and treasurer to anticipate the immense financial crisis (exaggerated by the $2.96 loss in county funds in the treasurer's office) under way in county government and make voluntary cuts.

Over the next few months there will be a lot of squabbling and infighting within county government over who gets cut and how much.  What Stark Countians will witness is likely to be wrangling not cooperation.

Here is a diagram of the structure of Stark County government today:

 While the SCPR has never be wild about Councilman Bill Smuckler of Canton because he has a very uninspiring personality (which makes it difficult for everyday citizens to buy into his program), the work of the Commission might, if its recommendations include true intergovernmental collaboration mechanisms, be a godsend for his candidacy for mayor of Canton.

Canton desperately needs to get its act together after four years of disastrous Healy administration leadership (even after factoring in the bad overall national and state economies).

Because of his many years of work on regionalism, Smuckler appears to be ideally suited to adapt whatever local government structural reform opportunities come out of the Commission's work to do collaborative (consolidation/merger/integration, et cetera) work with Stark County government and Stark's other political subdivisions.

The SCPR continues to believe that former Canton mayor Janet Creighton and Thomas Bernabei (who has had multiple roles with Canton government as well as experience with the Stark Area Transit Authority) will become Stark County's next commissioners.

If their elections materialize and Smuckler wins next May and the Ohio General Assembly adopts cutting edge government structural reform coming out of the work of The Ohio Commission on Local Government Reform and Collaboration, then the trio can go to work on restoring the public trust in the way government operates in Stark County.