David vs Goliath: round 1, or what do you call four lawyers installing a light bulb?

The Ohio Sunshine Laws are laws that mean well, but are designed with so many gotcha factors that people have to feel really pissed before they jump through the hoops. Like the first one: Get a lawyer. Pay the lawyer. Then filing fee ($330.50), then show up in court. Watch the government agencies who broke the law, show up in court, unprepared, with 4 lawyers to tell the judge you are wrong, and this whole thing is just David being an idiot (while their meters are running full tilt.).

Then we have to argue about what laws apply, even though Judge Richard Skelton made that very clear right off the bat. His reading of my brief and the law in question, ORC 121.22 said to him that Rule 65- the procedural rule used for asking for a Temporary Restraining Order, said that since the Sunshine Law had remedies (what he’s supposed to do to punish the lawbreaker) there was no need to bring in Rule 65, which is a federal law. In other words, the specific rules of the State law apply because the the general rule (rule 65) is controlled by the specific one. Did I lose you? I hope not.

I was wondering why even with their expert on the Sunshine Laws they weren’t ready to discuss the merits of that part of my filing?

This wasn’t an actual trial, so I wasn’t allowed to introduce evidence. All I could do was to turn to my filing to ask for relief.

Skelton stated a few things that made a lot of sense to me (but apparently, Brian Wildermuth, attorney for the District, wants to pick a fight with a judge known for being feisty): one, that laws are generally in place to “do the right thing.” Two- that while unable to guide me, he’s working toward transparency, and understands that this law in particular is written in mostly plain terms- in order to make sure the people keep their elected officials in line.

Wildermuth tried to say that I’d been allowed to attend and video meetings and that they’d comply in the future, and that this one “bus trip” is over, and therefore there was no need for my case. Totally denying the fact that I was shut out of the bus trip- and that what happened in their closed rolling yellow conference room was a meeting held in secret, as was the tour of Valerie Elementary. They also claimed that they cut short the trip, after hearing from the judge that this may be a violation.

If you watched the videos from facebook live- or my edited video of the event, you’ll know that yours and mine idea of cutting off a bus tour would mean, stop doing what you are doing and return home. A go to jail, go directly to jail, do not pass go, do not collect $200 moment if there ever was one. The bus continued on from Valerie, to Meadowdale Elementary and Meadowdale HS and then to Wogamen middle school and then back to DPS.

Let’s also be clear, that the government bodies could send 4 lawyers on your tax dime to deal with my complaint, yet, none were prepared to answer the case.

Let’s also be clear, that the judge suggested to the lawyers yesterday to hold off on the tour, and that Dayton City Officials were told NOT to enter- hence my conversation with Jeff Mims outside Valerie on camera about my mom. Let’s also be clear, that Mohamed Al-Hamdani, the mastermind behind this task force, actually had the bus pull over between DPS HQ and Valerie so he could get off the bus. Some of the people knew better, but did it anyway.

My arguments were basic: That by participating in a single secret meeting, the committee has poisoned any decision that the schools may make on closing any buildings. School Board Members William Harris, Robert Walker and Mohamed Al-Hamdani would and should have to recuse themselves. Dr. Lolli, Burton, Treasurer Abraha, also have now poisoned themselves. Any closure could be challenged in court by the community saying deliberations were held in private- thereby, just like inadmissible criminal evidence, forcing whatever decision they make to be illegal.

The fact that Lolli keeps saying she has a right to do these things in public is an embarrassment. It’s really just time to do with her, what the board did with the woman who hired her- part ways. But, without the payoff. She can serve as a principal, or something until the end of the year, while we hire someone who can abide by the sunshine laws and not require a bunch of people picked illegally to advise them on what to do.

The sad thing about all this, is the lawyers want to continue with their charade of denial. This will be costly for the district. I look forward to depositions, and a trial, because, much like the Dr. Markay Winston EEOC investigation which ended up bringing the end to Rhonda Corr, I think I know the right questions to ask people under oath that will show that this district leadership, has acting illegally (I was chastised for calling it criminal, because there is a difference to lawyers- while the rest of us think that when you break the law, you are a criminal, they don’t think that way.)

Watch the video, read the briefs, examine how many times in the tour video that they said NO, YOU can’t come in. I believe everyone of those, times the number of people who should have known better equals $500 ea instance… but, we’ll see.

And remember while you’re on Youtube to subscribe to my channel. I need 1000 subscribers to monetize it. Thank you.

For the record, what do you call four lawyers installing a light bulb? More billable hours, and no one that actually knows how to turn on a light.


Remove 5 members of Dayton Public School Board of Education? Yes please.

If you’ve been paying attention to the many meetings of the Dayton Public Schools Board of Education, you know that it’s turned into an absolute shit show since they picked Rhonda Corr as Superintendent. Just recently, they gave her a three year extension to her unorthodox one-year initial contract, after less than 7 months on the job- 7 months of turmoil and strife.

Not that the board needed Corr to create this mess, they do well on their own.

However recently, they’ve taken their incompetence to the level of criminal gross neglect- as showcased by their ignoring the first clause of the buyout contract with David Lawrence that they were supposed to vote on without comment.

The week prior, they voted early to award a contract that was published as $112,500, waiving the 48 hour rule only to have an hour conversation about a contract with the Ohlmann Group, that they obviously hadn’t read, or understood. The real amount of that contract, only revealed through a public records request that took too long, and was delivered on a ream of paper instead of the requested digital documents, $345,410 per year- with two additional one year options, making the contract worth a potential $1,036,230.

Considering that there were only 3 bidders, the second place bidder was at $321,100, and that the RFQ had stated that the cap was $300,000, one wonders why the only bidder under the cap wasn’t awarded the contract, especially, since it was the only true minority qualified business. (That bid was submitted by my firm, The Next Wave).

An old adage comes to mind, it’s called the rule of “P’s” – “Prior planning prevents piss poor performance.” Which fully sums up the actions of this board and leadership. How hard is it to publish an agenda? How hard is it for board members to take the time to either read what they are voting on- or, ask and get competent explanations from staff on what and why they are being asked to vote on.

The 48 hour rule exists for a reason- to allow both the board and the public to review actions of a public body before a meeting. It is only supposed to be waived when there isn’t time to properly notify everyone- something that shouldn’t be that difficult- posting an agenda 48 hours in advance of a public meeting.

From their own manual:

Emergency Meeting
Emergency meetings are called when a matter of urgent necessity must be decided and there is not enough time to allow for the 48-hour notice to members, or the 24-hour notice to the media. An example of a reason to hold an emergency meeting would be if a boiler were to suddenly break down in a school building and need replacing. The board could then call an emergency meeting to authorize payment.

Which brings us to their frequent use of the 48 hour rule- and the boards inability to actually review and know what they are voting for. The discussion about the buyout that wasn’t supposed to be discussed. The confusion about accepting a million dollar contract that they had obviously never seen.

These actions are clearly grounds for removal from office.

  • A board member is guilty of misconduct in office if he or she has willfully and flagrantly exercised authority or power not authorized by law, refused or willfully neglected to enforce the law or to perform any official duty imposed upon him or her by law, or is guilty of gross neglect of duty, gross immorality, drunkenness, misfeasance, malfeasance or nonfeasance.
  • The petitioner must file a specific accusation of misconduct in office in Common Pleas Court.
  • The petition must contain valid signatures from people who live in the school district equal to 15 percent of the total votes cast for governor in the most recent election.
  • After the signatures are submitted to the court, a trial must be held within 30 days.
  • If the case isn’t dismissed by a judge, hearings proceed. A judge hears the case though the board member may ask for a jury trial.

Source: Can a school-board member be removed from office?

To take them to court, we’d need to collect signatures of 4,574 voters in the Dayton Public Schools district to move this forward. The only question is can one petition cover all 5 board members who willfully and flagrantly neglected their duty to comply with the contract terms they’d hashed out over months in executive session, or if this is just clear violation of the public trust and they can be prosecuted? Or, do we have to get circulate 5 individual petitions to do this? People who want to help get signatures should message me. Anyone planning to run in the fall, could start collecting the removal signatures while they collect their signatures to get on the ballot.

Both Superintendent Rhonda Corr and the staff lawyer, Jyllian Bradshaw, should be able to be terminated for cause by a competent board, for allowing the discussion to occur on the Lawrence buyout contract, and for voting for a million dollar marketing contract, without having it either presented or properly explained to the board. The board treasurer, Hiwot Abraha, was in charge of the marketing RFQ, and should also be held responsible for them voting a week early, without proper review.

Replace the five board members, Robert Walker, Ron Lee, Hazel Rountree, Joe Lacey and Adil Baguirov with competent members, who then remove Corr, Bradshaw and Abraha with cause, and replace them with competent people, and maybe, Dayton Public Schools will have a chance.


Montgomery County Democratic Party picks school board candidates

Despite just being picked to be on the school board from a large field of qualified candidates by a majority Democratic party board- the Rev. William Schooler finds himself the odd man out in the coming school board race when the Democrats endorsed the other three candidates in the four-way race for three seats.

The election wouldn’t have even been necessary, since Nancy Nearny’s original petitions came in 8 signatures short of the 350 required until her angels at the Board of (S)elections found her 8 that got her back on the ballot.

According to sources, The Montgomery County Democratic Party tonight endorsed incumbents Nearny and Sheila Taylor (a party patronage employee in the county) and the Rev. Robert Walker (who is running with Schooler as a “team”) in the race. It’s unclear if Walker even asked for the endorsement.

Of course, Schooler is the only incumbent running who said no to GE and UD on corporate welfare, which paints a big bull’s-eye on his back. Sitting member Joe Lacey even tried unsuccessfully to have Schooler censored for suggesting that the schools would have to come to the voters for yet another levy after helping GE pay the schools nothing for 15 years. (update: Lacey lost)

Considering that the school board race is supposed to be a non-partisan one, it’s interesting that the party feels a need to take a stand.

Seeing that Nearny and Taylor helped pick Schooler in the first place makes this whole thing all the more odd.

What’s even sadder is that more of the people who applied for appointment didn’t even bother with  attempting to run.