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.

 

Fairchild releases campaign video

Since this is the most read political blog in Dayton, here’s what you need to know.

There are two preachers running for Dayton City Commission. Some may get confused- one is named Daryl and the other is named Darryl.

And neither are R’s. Both are dems. One is a lifelong resident of Dayton, who has been heavily involved in the community. Darryl Fairchild. The other, Daryl Ward, was running for Montgomery County Commission until Joey Williams quit the Dayton City Commission just four months after he ran for re-election.

Nan and the Dem Party anointed the one who quit- to run for the seat of their candidate who quit. Daryl Ward on the ballot is evidence of two quits.

I’m working for the candidate who doesn’t quit. The one who I’ve seen at meetings for at least the last 15 years- getting involved, making a difference.  Here’s the video we made for him. “Fairchild doesn’t quit”

I urge all Daytonian’s to do their homework before voting. We’ve had years of the Dem party picks and we’ve paid the price.

It’s time for a change.

Sites:

Darryl Fairchild

Daryl Ward

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.

Round 2: Esrati vs DPS and Dayton City Commission

Judge Skelton asked for both sides to file a memo arguing if ORC 121.22 trumped Rule 65, even though he made it clear that he believed it did to start the court arguments.

And he asked us to use a pen, not a shovel.

To me, the pen is the tool that changes history. Shovels are what you use to muck a stall. Lawyers love to shovel. I love to write.

So, my filing is 9 pages plus attachments. I strayed outside the lines of strictly interpreting the issue of ORC 121.22 vs Rule 65, by explaining all the actions of the task force amounting to repeated  and willful violations of the law. Since the defense tried to claim that a TRO as required by Rule 65 was moot, since they had already violated ORC 121.22, and that he believed that sticking to the law in the future would some how fix things- clearly had to be addressed (total bullshit, needing a bulldozer instead of a mere shovel).

Needless to say, the research was enlightening.

404 error of the county Clerk of courts site

The Montgomery County Clerk of Courts site doesn’t like my filing.

Unfortunately, the Courts website (the one with the 35 page instructions on use) gives a 404 error when trying to upload the the large document that the school task force was given during their illegal tour. I had to abbreviate it just to upload to the site. Acting in full transparency mode, I’m posting it here, now. I’m sure, this will give the advantage to the defense, who will now, re-write their memo, turning it in at the last minute- and wasting considerable tax payer dollars doing so.

That is the crux of the problem with ORC 121.22- the burden and risk, is all upon the plaintiff- who risks getting billed for court costs and attorneys fees if their motion is found to be frivolous. Public officials who break the law, on the other hand, suffer zero personal risk, having tax funded defense at their disposal.

It also turns out that removal from office has been a false threat, enforced almost never. Our “Sunshine Laws” are in practice, just blowing sunshine up our collective butt.

Or at least they have been in the past.

The actions of these elected officials and employees of the district have been so wrong, so wanton in their disregard for the law, that maybe, just maybe, this will be a case that makes a difference. Or not.

At this point, the judge will consider both filings, and then offer a conference call on how to proceed.

My call is that he issue the injunction, which allows me to begin the process of contacting the Open Government Unit to begin proceedings to remove Jeff Mims, Robert Walker, William Harris and Mohamed Al-Hamdani from office.

He should also order the task force disbanded, and all members ruled ineligible to discuss the issue of school closings because they participated in an illegal secret meeting. This means, Acting Superintendent Lolli, Associate Superintendent Burton and Treasurer Abraha would all have to sit this one out.

Mims would have to be replaced by election, the three school board members would be replaced by those chosen by current remaining members, John McManus, Sheila Taylor, Jocelyn Rhynard and Karen Wick Gagnet, from members of the community that ask to sit on the board.

The only thing left to decide in court, is how many times they broke the law, and how many times the $500 fine should be counted.

Here are the documents for you to read, which are also available on the County Clerk of Courts site.

thumbnail of Rule 65 or ORC 121 – v3

The Esrati filing on which law to use

thumbnail of A-1 Citizen Advocacy Center Explaination of Sunshine Laws SM

A guide on the sunshine laws in Ohio that is clearer than the AG’s version

thumbnail of A2 Violating government-access laws rarely results in punishment for the offenders | Reporters Committee for Freedom of the Press

Document From Media and the law explaining that Sunshine Laws are weak.

thumbnail of A-3 Re Public records request- tour docs

Public Records Request from David Esrati to the School Board for the documents used on the tour

thumbnail of A-4 Task Force Docs – Tour Day 2-6-18abreiviated

The abbreviated version of the task force document handed out on the bus

UPDATE

9pm Monday, 12 Feb 18 The city uploaded their response after 4pm. They had until midnight. It’s odd in that it focuses on the judges ability to shut down the task force, which wasn’t what he asked for, and some case law trying to grasp at straws that Rule 65 applies, without any specificity to the case.

UPDATE

9:15 am Tuesday, 13 Feb 18. The School Board attorney also filed a brief- more to the issue of Rule 65 and also arguing that the judge can’t disband a task force. Really? How can a task force that violates the sunshine law- by meeting in private, possibly contribute to any discussion the board will have about the issue of closing schools, and, how can any employee of the district, that helped coordinate these secret illegal meetings not put the board at risk of having any decision they make to close schools, instantly overturned? They can’t. And, the total page count of both their briefs equals mine. Yet, they miss the point of the special protections the sunshine laws are supposed to provide.

thumbnail of Brief Rule 65 and Disband.021218

The more competent response filed by the private attorney for the district. Still wrong.

thumbnail of Brief of defendants 31861677

The city filed for the school board. It’s short, and harmless

DPS starts 2018 out illegally

There they were, Jocelyn Rhynard, John McManus, Mohammed Al-Hamdani, Rev William Harris, Reverend Walker, the superintendent, their legal council, sitting in Board Chambers agreeing to join together with an illegal meeting of the Dayton City Commission where Nan Whaley, Jeff Mims and Chris Shaw to create a task force – consisting of mostly people who don’t live in Dayton to provide guidance of the Dayton Public Schools.

First up: There was no legal meeting of the DPS board to discuss and authorize and direct the Superintendent in this course of action. Rhynard and Al-Hamdani haven’t been sworn in yet. Technically a quorum would be Harris, McManus, Taylor and Walker. Superintendent Libbie Lolli is acting to subvert the new boards authority before it has even been seated.

Required action: voiding this action until the new board has been sworn in and this has been discussed at a Business meeting. Reprimands should be handed to Lolli and the board attorney for violating state law.

On the City Commission side- the city prosecutor should file against the commission for holding a public meeting, without proper calling of a meeting. It is a violation of the Sunshine laws.

Their action is also null and void.

As to the “Task force” – since the Ohio Constitution puts a strong emphasis on local control- and grants school board members special leeway (in that it’s incredible hard to remove them for cause- one of which is residency- see Baguirov) there is no way a task force of non-residents should have input on the future of DPS – at least until it’s taken over by the state (which as this continues, looks more imminent).

Acting Superintendent Libbie Lolli is not looking too good on the PR front already. First she sabotaged her tenure by letting associate superintendent Sheila Burton spring an incompetent presentation on school utilization via spread sheet in the Dec Review session. This opened up a total and complete shits storm since most of the underutilized schools were on the West Side. The lack of a proper prepared statement and course of action has led to a Dayton Business Journal article fueling fear mongering of 9 building closings (the original estimate was up to 3).

No clickable link on the email on this incompetent press release

No clickable link on the email on this incompetent press release

The press release on the DPS site concerning this task force (where the meeting wasn’t properly announced through channels- I didn’t get any wind of this until both Ch 2 called and Mama Glenn sent me a message on FB)- only had a non-functioning email link on how to suggest ideas, with no background info (you are supposed to have ideas without the data to work with) and no listing of the people on the task force and their qualifications.

My post, “DPS doesn’t need no stinkin taks force” is the only place I know where you can find the listing of members and their relation to the district.

To fully understand the folly of this nascent boards actions, they are sworn to protect the district and have a fiduciary responsibility to oversea the district- giving Dr. Tom Lasley, head of a competing board, funded with Dayton tax dollars, that actually serves to fund kids who go to private pre-schools instead of Dayton’s 5 start pre-schools – leading to underutilized buildings is flat out criminal.

This task force idea is a good reason to start a search for a Superintendent smart enough to know when she’s being played.

A good superintendent’s first plan of action should have been to start working on identifying ways to bring students back to the district. Apparently we have a superintendent who wants to retreat instead of fight the battle that needs to be fought.

I’m going to leave this board with two words to consider to solve your problems, or at least have a real shot at not closing buildings and bring leadership back to this district: David Lawrence.