Petitions, Initiatives, Recalls and total disregard for voters

Deciminialization in DaytonCurve ball out of Dayton City Hall last week when Mayor Whaley and her crew decided to toss a bone on the ballot to “check the voters pulse” on decriminalizing pot in Dayton. Not bricks of pot, nope- only the people who pay off the state officials will get to profiteer from medical pot, but, small amounts, enough for a few joints.

Normally, misdemeanor pot charges are an excuse to arrest and hold people who can’t afford bail, or to harass people of color. We’re filling up the jail with cheech and chong, while we can’t manage to find murderers, arsonists or even charge white collar criminals who steal money from disabled veterans.

By putting the question to the voters, the politicians have the appearance of doing the right thing, but, what it really is, is an attempt to get the black vote to the polls to make sure they support people like Brandon McLain and Gerald Parker and Carolyn Rice. After watching Gary Leitzell almost beat Debbie Lieberman without spending any money, some people in the dem party are now officially woke.

Yes, Montgomery County voted for Trump, and they are pulling out all stops to get people out to vote, because the “blue wave” that they predicted hasn’t really shown itself.

Members of the NAACP just got woke too. They were out gathering signatures to put the speed and redlight cameras on the ballot- and failed. Now they see that just 3 city commissioners can throw a ballot initiative on the ballot, without ANY signatures- has them a little ticked off. About time you realized you’ve been getting used by the party for years, but, you kept electing empty suits like they have downtown at Price Stores.

The reality of citizen initiated petitions succeeding in Montgomery County and most of the state is a myth- unless you have millions of dollars behind your issue. The recent effort to put the sales tax increase on the ballot was a clear sign that even a very popular issue, is almost impossible to make happen.

Try looking up how to recall a school board member in the Ohio Revised Code. There isn’t a standardized rule or format for doing it. Trust me, I’ve looked.

The people trying to repeal the sales tax increase were political insiders, lawyers, and even they were surprised at how fast the law required the petitions to be turned in- 30 days after the vote was taken. It’s almost impossible.

Instead of wondering about “hot button issues” in this next election for state reps- you shouldn’t care about guns, stand your ground, legal pot, you should be asking for reps that will actually clean up the ORC so simple law like the Open Meetings Act (I’m joking when I call it simple) is actually clear and concise with actual steps spelled out on the books. Instead, the Attorney General publishes a 250 page book to explain the damn law, that’s never resulted in a single politicians being removed from office despite that rule being on the books for over 60 years.

The first thing the Dayton City Commission should have changed by their ability to put new laws on the ballot- should have been a revamp of the petition to run for city commission. It’s time to eliminate the nominating committee requirement, as well as the notary requirement. The form needs to have a block to print your name, one to sign your name, your street address and date. No more ward or precinct. And, it should be assumed, that if a candidate collects 500 good signatures and turns them in, he’s offering to run for commission. What his/her signature adds to the petition is unimportant. If 500 voters say Donald Duck should be on the ballot- and Donald turns them in with the filing fee, that’s good enough. And, one last thing, the whole date of the election question needs a revamp too- since the idiots at the BOE can change the date of the primary seemingly randomly, and there might not be a primary if there aren’t enough valid candidates- so just say “to run in the next election” for the Dayton City Commission.

Voters SHOULD decide who they want on the ballot- not the parties, not the Board of (S)elections.

The pot issue should be approved. Minor quantity possession for personal use is not a threat to society- we’ve already approved it for medical use. The real question is, if this city commission really cared about our citizens safety and health and welfare- how can they let any citizens spend a single minute if Sheriff Phil “the torturer” Plummer’s house of horror- commonly known as the Montgomery County Jail?

If this wasn’t just a ploy to draw out votes in November- I’d be more enthusiastic about this good legislation, but unfortunately, it’s just Nan and Company trying to use the people of Dayton for their friends and family plan.

 

The candidates are coming out of the woodwork for Dayton City Commission

Dayton City Commission brawl for a special election seat

Let the street fight begin

While everyone knows we’re about to have a battle of the God Squad, with Daryl vs Darryl (Ward vs Fairchild) there are others running petitions right now.

Now, of course, there is always the barrier of the Montgomery County Board of (S)Elections which has an uncanny ability to disqualify candidates for all kinds of reasons. The petitions are broken- as is the process.

  • Donald Domenick who has turned in petitions before and been disqualified is suggesting he’s running. He’s the head of the Black Panther Party in Dayton.
  • Lauren White who owns Indigo Life Media and the Nucleus Co-share space on E. Fifth in the Oregon District has supposedly been hustling a petition in East Dayton. She’s got her own marketing firm- and social media chops.
  • added 27 Feb: Abraham Sandy, 19, who is a student at Stivers and head of the Dayton Republican Club, and co-chairman in Montgomery County of the Mike Gibbons for United States Senate campaign.

If you have anyone else come by with a petition- please, add their name in comments.

Special Elections like this one for Joey Williams seat are considered the best chance of getting elected to the Commission. It was the magic for Dean Lovelace after 2 previous failed attempts.

And, no, I’m not running. 2 lawsuits, a Service Disabled Veteran who is going to need my help as he re-enters the community, my mother, and a big VA contract for my business are all tops on the list. I’ve also got to make sure I win my precinct captaincy to help overthrow the Monarchy of Montgomery County.

Let the petition failures be few, and the choices good.

When the Emperor has no clothes: More DPS stupidity bordering on criminality

A refresher on Dutch folk tales:

“The Emperor’s New Clothes” (Danish: Kejserens nye Klæder) is a short tale written by Danish author Hans Christian Andersen, about two weavers who promise an emperor a new suit of clothes that they say is invisible to those who are unfit for their positions, stupid, or incompetent. When the emperor parades before his subjects in his new clothes, no one dares to say that they do not see any suit of clothes on him for fear that they will be seen as “unfit for their positions, stupid, or incompetent”. Finally, a child cries out, “But he isn’t wearing anything at all!” The tale has been translated into over 100 languages.[1]

Source: The Emperor’s New Clothes – Wikipedia

update: 18 Oct- key part missing from this synopsis- the Emperor also knew the suit was invisible- but, chose to believe the weavers too. (end update)

We know that Dayton Public Schools has problems managing their public image. Now, the people that Rhonda Corr hired to manage it, are actually actively destroying credibility and possibly breaking laws.

Dayton Public Schools Director of Media and Public Relationships is an expert in censorship of free political speech

Dayton Public Schools Director of Media and Public Relationships is an expert in censorship of free political speech

Unfortunately, the director of Dayton Public Schools media and public relations , Marsha Bonhart, either thinks she’s doing someone a favor (providing grounds for her dismissal) or is woefully ignorant of the audacity of the email she sent out to candidates before tomorrow’s Dayton Educational Council candidates forum from 6:00 – 8:00 p.m., at Ponitz Career Technology Center, 741 W. Washington Street. (The  event will be broadcast live on DPS TV Spectrum Channel 21. and hopefully livestreamed as well).

The email, suggests that free speech should be limited, political discourse restrained, and that no one should disparage her boss, Rhonda Corr, whose future tenure will be decided by the very people that Ms. Bonhart seeks to censor and reign in.

The email reads:

From: Marsha Bonhart Neilson [mailto:[email protected]] Sent: Sunday, October 15, 2017 7:09 PM
To: Marsha Bonhart Neilson <[email protected]>
Subject: More information

Dear candidates, as an addendum to Friday’s email:

  1. It is very important that we keep this forum civil.
  2. We ask that you not participate in or instigate any “bashing” of Superintendent Corr, Dayton School Board members, or each other.
  3. Please stay focused on providing quality answers to all of the questions.
  4. When answering questions, remain seated until the end of the event.

Thank you and we look forward to you providing voters the information they need to make informed decisions.

Marsha Bonhart
Director, Media and Public Relations

Dayton Public Schools
115 S. Ludlow St.
Dayton, Ohio 45402
937-286-0023 (c), 937-542-3023 (desk)

Since Ms. Bonhart works for an organization that receives a lot of federal funds, we might look over to the Hatch Act of 1939 about what is allowed and appropriate for public employees to engage in during a political campaign. Note both the first and second bullets:

These federal and D.C. employees may not:

  • use official authority or influence to interfere with an election
  • solicit or discourage political activity of anyone with business before their agency
  • solicit or receive political contributions (may be done in certain limited situations by federal labor or other employee organizations)
  • be candidates for public office in partisan elections
  • engage in political activity while:
    • on duty
    • in a government office
    • wearing an official uniform
    • using a government vehicle
  • wear partisan political buttons on duty

Source: Hatch Act of 1939 – Wikipedia

The fact that the meeting is being held in a public building, on public property, for a public purpose, specifically, to discuss issues and the candidates who have the ability to vote to hire or dismiss Ms. Bonhart, shows she’s sticking her nose where it doesn’t belong.

A true public relations professional in an organization that serves the public should know better than to get involved in this process, and know that her communications are all public record and not private.

Considering we’ve already had members of “The Slate” publicly state that they might try to skirt sunshine laws:

A member of the slate of candidates, which was endorsed by Dayton Mayor Nan Whaley, (Mohamed) Al-Hamdani said the four would not show disagreement in public, doing more preparation behind closed doors. He did not address how that would fit with open meetings law.

Source: Election will change face of Dayton’s school board

We may have even bigger problems in store when it comes to what is acceptable political behavior and what is not if Ms. Bonhart is the new ruler of political dicourse.

I believe that Ms. Bonhart should either retract these rules and publicly apologize for her attempt to influence political speech and interfere with an election via her official capacity, or be dismissed for cause. I don’t expect our current board, superintendent, elections officials, the county prosecutor, the state school board, the Ohio Ethics Commission or the Secretary of State to do their jobs and censure this kind of blatant abuse of power, but, that’s why we have a free and independent press, to make sure you know when you are getting played.

When a public employee thinks they can regulate candidates speech, we have a real problem.

This needs resolution before this event begins tomorrow night.

UPDATE

Wed 18 May 2017

the “Friday email”

From: Marsha Bonhart Neilson [mailto:[email protected]] Sent: Friday, October 13, 2017 6:05 PM
To: Marsha Bonhart Neilson <[email protected]>
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Candidates’ Night

Hello, Dayton School Board candidates,

Candidates’ Night, Wednesday, October 18th,  is drawing closer. As you know, the program, sponsored by the Dayton Education Council, will be aired live on DPS-TV from 6 to 8 pm with a strong presence on social media. We expect a large live audience as well.

You will be introduced and given 2 minutes to give an opening statement. When addressed by the moderator, each candidate will have 2 minutes to answer 3 rounds of pre-selected questions in addition to questions from the audience, phone callers and social media.

We ask that you arrive at David H. Ponitz Career Tech High School, 741 W. Washington St., 45402, at 5:15 for technical needs.

Again, thank you for your interest in becoming a member of the Dayton Board of Education.

Marsha Bonhart
Director, Media and Public Relations
Dayton Public Schools
115 S. Ludlow St.
Dayton, Ohio 45402
937-286-0023 (c), 937-542-3023 (desk)

Of note- the Slate don’t even get email directly- it goes through their handler, Uriah Anderson of Burges & Burges from Cleveland.

Board of Elections takes care of its own

Once you turn in petitions the rule is you are finished. No statement of your petitions’ validity is given until the actual board meets to certify. I’ve pointed out many times the agenda doesn’t provide any information – just a repeating worthless document- an outline of the structure of the meeting.

When I turned in petitions with 50 signatures that I collected for Congress- and signed the petition circulator statement AFTER I collected them in front of Steve Harsman (as you do with City Commission petitions) he ruled them invalid- kicked me off the ballot. Then when William Pace didn’t sign the agreement to run statement, if the signatures were valid- he was kicked off the ballot (despite someone calling him at 4 p.m. on the last day of the turn in- telling him to sign- and his faxed-in papers were ignored- plus the nominating committee- who was empowered by his petitions was also ignored). Basically- if they can find a reason to fail a non-party favorite candidate, they do. Either party.

But, when one of their own is about to fail- things change. Bryan Suddith, who used to work for the BOE and check petitions, turned in his petitions early marked “Kettering City Council”- the day they were due, he got a call that he was going to be turned in for election fraud because he didn’t put “Kettering City Council, Ward 4” on his otherwise valid petitions.

His anonymous caller told him to call the BOE and say an exact phrase- much like spies use to verify the identity of an undercover agent- like, “the sun shines nicely on the North side of the building today” to be responded to with, “flowers will grow, in the spring.”

This triggered an admission that his petitions were about to be kicked. He rushed down, withdrew his petitions, quickly gathered 100 more signatures (something the low number requirement makes possible) and was placed on the ballot.

District 3 council member Tony Klepacz will run unopposed after the board of elections invalidated petitions filed by Jan Kinner. Kinner had enough valid signatures from residents of the district. However, “no ward designation or number is listed with the council seat on (his) petition,” according to attorney Mary Montgomery with the Montgomery County Prosecutor’s Office. She advises the board of elections. Montgomery said it was in the board’s discretion to invalidate the petition. Montgomery County Board of Elections member Kay Wick pointed out “we don’t ask them specifically (for the district)” on the petitions.

However, when asked by other members, Board of Elections Deputy Director Steven Harsman said all other candidates did list the district number. Members also argued Kinner could have called the board of elections to learn the status of his petition.

Wick said she had heard of other candidates seeking the status of their petition and rectifying any issues by gathering signatures on a new petition with the district number. Board members John Doll, Gregory Gantt and Kay Wick voted to invalidate Kinner’s petitions. Member Rhine McLin abstained.

Current Kettering Vice Mayor Bruce Duke will face challengers Patricia Higgins and Bryan Suddith for the District 4 seat.

Source: Candidates for Nov. election set

Wick knew what happened. As to Kinner calling the BOE to learn the status of his petition- absolute HORSE SHIT. Unless you know the exact words to ask- the secret phrase, ZERO information will be given, not even what candidates will be discussed in the upcoming meeting. I’ve ASKED repeatedly for the classifications of valid and invalid petitions before, only to be told “come to the meeting.”

Special privilege was granted to Suddith. Kinner deserves to be on the ballot. And the BOE needs to be investigated and charged with racketeering and election fraud.

Also, petitions that have questionable language or unnecessary “gotchas” built in need to be evaluated and reformulated every time a candidate is kicked off the ballot for procedure. The failure rate is getting too high. Wick is correct “we don’t ask them specifically (for the district)” on the petitions.”

Dayton’s petitions ask for Ward and Precinct- yet they don’t require them to be filled in, and they are the only petitions that require notarization (other than Oakwood- which was supposedly going to remove this antiquated rule).

This kangaroo court needs to be investigated. Not by the Secretary of State, but by the Justice Department. Kudos to Rhine McLin for abstaining.

Dayton City Charter Changes 2014- issues 13, 14, 15, 16

Finding the summary put out by the city of these charter changes is pretty easy- although it’s not in HTML format- just a PDF:

http://cityofdayton.org/cco/Documents/November2014CharterSummary.pdf

The summary makes it all seem nice and easy.

The current Dayton Charter is here: http://www.daytonohio.gov/cco/Documents/DaytonCityCharter.pdf but not accessible to me at this time (luckily I already had a copy of the charter).

However, the ballot language is a mangled mess- and not easily available. Several people have contacted me already to ask “what is this all about.” I attended one of the meetings of the committee, which was handpicked by the powers that be- to be as non-representative of the citizens of Dayton as possible. Looking around the room, you’d think the unions run the city (they still think they do- hand in hand with the politicos).

If you go here: http://www.voterfind.com/montgomeryoh/ballotlist.aspx the BOE will let you look at a sample ballot in advance.

The language is overly verbose- and not accessible to copy and paste easily into this site. Issue by issue- here is the synopsis.

Issue 13 should be voted for. It changes the requirements for number of signatures required to propose changes or overturn votes by the city commission to a reasonable number. The existing charter language depended on a percentage of registered voters- which had zero connection to the numbers of existing voters- setting the bar too high to be attainable.

Once issue 13 is passed, we, the voters, may be able to change the requirements for recalling commissioners or the required numbers of signatures on obsolete petitions- something this committee refused to address.

Issue 14 should be voted for. The Dayton budget and compensation rules are arcane and obtuse. Not that a ton of progress is being made in the way we spend and track our money (we had an employee in the law department stealing considerable sums despite our current rules).

Issue 15 should be voted for. The current charter has a bunch of really antiquated rules- that need to go. This issue takes care of that.

Issue 16 is the one where we should really look twice.

Currently section 2 of the Charter is short and sweet:

Sec. 2. [Enumeration of Powers.] The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the city shall have, and may exercise, all other powers which, under the constitution and laws of Ohio, it would be competent for this Charter specifically to enumerate.

They want to change it to:

Sec. 2 Powers of the City
The city shall have all powers of local self-government possible for a city to have under the constitution and laws of the state of Ohio as fully and completely as though they were specifically enumerated in this Charter.
A. The powers of the city under this Charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power granted in this article.
B. The city may participate by contract or otherwise with any governmental entity of this state or any other state or states of the United States in the performance of any activity which one or more such entities has the authority to undertake.
C. All powers of the city shall be vested in the Commission, except as otherwise provided by law or this Charter, and the Commission shall provide for the exercise thereof and the performance of all duties and obligations imposed on the city by law.
D. The City Manager shall be the chief executive officer of the city, responsible to the Commission for the management of all city affairs placed in the manager’s charge by law or this Charter.
E. The Commission may elect to operate under state municipal law in lieu of the provisions of this Charter or §171 thereof pertaining to limitations on the manner, form, or uses of taxes, fees, assessments, and other revenue sources. However, any such measure shall clearly state this intent, may not be passed by emergency legislation and shall require four votes for passage.
On this one, I’m asking for your help in figuring it out. The city explanation of all this legalese is:
Issue 16: Powers of the City
Dayton is referred to as the first city to adopt the City Manager form of government. The 1914 Charter was new ground and the writers tried to ensure Dayton would have broad powers to serve its citizens. But they could not have guessed what might happen 80, 90, or 100 years later and now Dayton is hampered by that 1914 language. Today, the Ohio General Assembly is making changes in how cities operate and Dayton needs to have all the powers that other cities and villages are given.
This does not change the way the City of Dayton operates. We will still have a City Manager form of government and the members of the Commission will still be elected in the same way and represent the entire city. This is designed to ensure that Dayton has the maximum flexibility to respond to a changing environment.
Dayton has to fight hard to attract businesses, residents and amenities; we can’t afford to have one hand tied behind our back by archaic language. With the serious conversations being held about the State changing municipal income taxes, Dayton has to be able to respond immediately to potentially devastating changes in the law. This Charter change provides us with the same flexibility every other city has. (Section 2)
The line “Dayton has to fight hard to attract businesses, residents and amenities; we can’t afford to have one hand tied behind our back by archaic language.” makes me not want to vote for this change. I’ve already seen how our lovely commission believes it’s ok to hand over millions to a private developer- IRG getting the Emery/UPS building at the airport- which they scrapped and profited from, or the deal to give GE, one of the nation’s largest tax avoidance companies get a 30-year tax abatement in the “name of economic development.”
Since Nan Whaley appointed herself queen, we got shafted with a street light assessment, we voted to make a temporary tax permanent, and we watched property values plummet.
At this point, I’m inclined to vote no. I don’t trust the commission to be allowed to pick and choose which State laws benefit them most (remember, State law is mostly formulated by our Republican leadership these days).
Let’s stick with the Charter we have on this- just to show them they need to do a better job of informing us of proposed changes in advance. So YES, YES, YES, NO is my current suggestion.