Friday, July 31, 2015

Snuffy Sez to the Shitty Man'ger

"Dammit D'reck my outhouse washed away!"

Grandview geysers iz overflowin’
wiffout our sity man’ger knowin’?
D’reck denies there’s shit and piss?
Ignorance they sez iz bliss.
If one picture’s worth a thousand words,
one video’s worth a thousand turds.
Look, D’reck, you Piqua site-seer,
Look by simply clickin’ here.

Monday, July 20, 2015

The Dragon Lady is Back!

I am reposting below a River Vices blog on the Dragon Lady from September 2010. Has the manager-council form of government introduced a new era in Portsmouth politics, as City Manager Derek "Dreck" Allen repeatedly claims? I think not, and to illustrate my point I will cite the latest bit of evidence. The Dragon Lady is back. Former City Solicitor Jo Ann Aeh is going to be the next Ward Two councilwoman. Because of the foolish four-year terms for council members and the power of the city council to appoint replacements for those members who often do not complete their terms for one reason or another, there is a long tradition of the city council appointing corrupt cronies, such as the shyster lawyer-pimp-drug dealer Mike Mearan, to a vacated seat. But Aeh is too shrewd, knows too many legal loopholes,  to let herself get on the city council in that time dishonored way. Instead, the Dragon Lady has arranged it so that she will be the unchallenged candidate for the seat in the primary election and therefore the unchallenged candidate in the general election.  As Aeh told the Portsmouth Daily Times, even if only two people vote for her, she will win. But  wouldn't it take only one voter for her  to win? Since she will be voting, that's presumably all it would take. She will elect herself. That's democracy at work, Portsmouth style. And if Aeh at her advanced age does not complete her term, as is quite possible, the council will appoint her replacement, and so the sham democracy will continue and having a city manager, and particularly our current city manager, will not make a damn bit of difference. For those who may have forgotten some of the disgraceful details of the political career of the Dragon lady, including her connections to David Duke, the Grand Dragon of Ku Klux Klan as well as the rebuke she received from the Ohio Supreme Court (see below). The SOGP is dead and buried but the Dragon Lady lives on. 

* * *

   Concerned Citizens Group president Jerry Conkle and CCG member Jim Wilson have told me that it is their clear recollection that on Wednesday, July 28, 2010,  Portsmouth City Clerk Jo Ann Aeh told  them, in her office in the Municipal Building, that  the deadline for them to return the  petitions to recall Ward Three councilman Nicholas Basham was August 20. It is possible there was a misunderstanding and that Conkle and Wilson misinterpreted what Aeh said, or that she was confused rather than  attempting to mislead them. It is possible, but in light of Aeh’s track record in regard to recall petitions and of her long standing, obstructionist  role in city government,  it is  more likely, in my opinion, that she deliberately  mislead Conkle and Wilson, and through them the other members of the CCG, by making them think they had a week less than they actually had to collect the required number of  signatures to put the recall of Nicholas Basham before Ward Three voters. The City Charter stipulates they should have had thirty days from the time they took out the petitions, which would have meant that she should have told them they had  until August 27 to return the petitions. For the aging and physically challenged members of the CCG, the lost week was a handicap they were not able to  overcome and they suspended their efforts shortly before what they believed was the August 20  deadline. In spite of being handicapped and having to walk with a cane, Jerry Conkle collected almost fifty signatures in the record heat wave. Jim Wilson, as a result of working many years installing and repairing heating and air conditioning  systems, has Chronic Obstructive Pulmonary Disease, which requires him to always carry an oxygen supply, but he  did his best in the limited time Aeh led him to believe he had to collect signatures. 

What motivation would Aeh  have for  impeding the recall effort by Conkle, Wilson, and other members of the Concerned Citizens Group? As City Clerk, Aeh serves at the pleasure of the city council, which can fire her whenever it chooses. A city clerk's employment depends directly upon the support  of members of city council, which puts anyone who occupies the office in a potential conflict of interest in handling petitions to recall council members. Aeh and every city clerk who succeeds her will continue to be in a potential conflict of interest until the charter is changed to insulate them from pressure from members of city council and other elected officials who are subject to recall efforts. In the past, Aeh did her best to bend the rules in favor of  council members Jim Kalb, Ann Sydnor, and David Malone, her political allies, when they faced recall. Aeh did for Kalb, Sydnor, and Malone, what she may recently have tried to do for Nicholas Basham: trying to protect his hide to save her own. As long as she is beholden to the city council for her livelihood,  such situations will likely occur. As Teresa Mollette wrote on, “The city charter needs to be revised to take the power of approving petitions out of the hands of the city clerk. This is a job for the county Board of Elections.” 

Judging by the website of the Dickens Pub, Jo Ann Aeh has become a frequenter, if not a  habituĂ©, of the pub, which Basham owns. Basham  offers reduced prices for drinks to those customers who can prove they are city employees by producing  their health insurance cards.  The irony of that little detail about health insurance is that Mayor Jane Murray has raised the hackles of city employees by calling attention to the high costs of their generous health benefits, which should serve as a reminder of the generous health insurance benefits the city council voted themselves back in 1990 (Ord. 1990-106), which caused one of the most bitter recall campaigns in the history of Portsmouth. If the term of office for council members was two years instead of four, there would be much less need of  costly and bitter recall campaigns. If  the term of office for the city clerk was not an open-ended, possibly life-time appointment, as it has been for Aeh,  but was rather fixed and not dependent on the city council’s approval,  then perhaps there would not have been so many shenanigans  over the  long period of time Aeh has been city clerk. There is a sign on the wall of Aehs office that reads, “Lord, Help me hang in there,”  but  some people might  feel  that  she has not so much been hanging in as hanging on and that among the calls she got urging her to run, the Devil may have been one of them.

   Section 7 of the Portsmouth City Charter briefly states the ostensibly limited duties of the city clerk:  “The Clerk shall attend the Council as its secretary, shall keep its journal and other records, and make an annual report, giving a summary of its proceedings and shall perform such other duties as are given him by this Charter or which may be prescribed by ordinance.” Doesn't sound like much, does it? But the “other duties” assigned by the Charter include those related to recalls, which are stipulated in Sections 151-153 of the Charter. Those duties" give the city  clerk a lot of opportunity for mischief, which Aeh has made the most of. It may be those duties" that have enabled her to hold her job longer than any other city employee. Through manipulation, if not  malfeasance, she has, in my opinion, helped keep corrupt political officials in office by obstructing citizens’ attempts to remove them by means of the recall. Would she have been collecting a paycheck  for a quarter of a century without conducting a kind of protection racket for corrupt cronies, and especially for those members of the city council, without whose good will she would long ago have been replaced? The political life of  most public office holders in Portsmouth, especially with all the recalls, has been as short as a fruit flys, but  for Aeh it has been as long as a turtles.   

AehIllegal Removal of  Names from Recall Petitions 

   Aeh’s abuse of the office of city clerk was evident in 1996, when she illegally removed names from petitions whose purpose was to recall First Ward council woman Ann Sydnor and Fourth Ward councilman Jim Kalb. In a decision handed down on  September 11, 1997, the Ohio Supreme Court ruled that “Aeh had clear legal duty under Sections 151 and 152 of the Portsmouth Charter to certify as sufficient the recall petitions relating to the First and Fourth Ward council members. The petitions had the requisite number of signatures to be sufficient. Aeh was not entitled to remove signatures from the petitions after filing. In addition, relators have established a clear legal right to this certification, and they have no adequate remedy in the ordinary course of law. Based on the foregoing, we grant a writ of mandamus compelling Aeh to certify the recall petitions seeking the removal of First and Fourth Ward Council Members Sydnor and Kalb as sufficient and to notify these council members pursuant to Section 152 of the Portsmouth Charter. In addition, we grant relators’ request for attorney fees and order relators’ counsel to submit a bill and documentation in support of the request for attorney fees, in accordance with the guidelines set forth in DR 2-106” [italics added]. Aeh was caught in the act and the city  had to pay for it. 

   More recently, it was  not just the recall of Basham  that Aeh may have helped sabotage by supplying misinformation to Conkle and Wilson. She has also either deliberately or, perhaps as a consequence of her advancing years, inadvertently made a mess of  the public records she has the responsibility for creating, keeping track of, and  preserving. Legal action soon may be initiated against her and other city officials for their failure to produce public records requested by citizens. The fines mandated by state law for failing to produce each public record can really add up, so the cost to the city for Aeh’s failure to create, preserve, and produce public records requests  could run into the hundreds of thousands of dollars in fines. The Columbus Dispatch carried a story recently about huge financial penalties being imposed on public officials in northern Ohio who failed to comply with requests for public records. With all its other financial problems, Portsmouth may be furthered burdened with having to pay large penalties for the failure of Aeh and other officials to comply with requests for public documents. Possibly, some  records cannot be produced  because they have been destroyed, in violation of state law.
      On August 30, Corey Columbo, an attorney from the Columbus-based  McTigue Law Group,  representing Mayor Murray, filed a challenge to the petitions that have been filed with Aeh for the recall of the mayor. McTigue himself  represented Damon Fite and  the Concerned Citizens who successfully challenged the legality of Aeh’s removal of signatures from recall petitions back in 1996. Just as Aeh can abuse the powers of her office to frustrate those seeking to recall  her political cronies, she can abuse those same powers to abet petitioners who are trying to recall a political enemy from office, in this case Mayor Murray.  Whether or not she shortchanged Concerned Citizens a week, she extended the time the Recall Murray Campaign had to collect signatures, as she is allowed to do by the Charter.  Columbo has compiled fifteen objections to the petitions for the recall of Murray, most of which appear to put Aeh right at ground zero of the legal mess that is unfolding over the recall of Murray. Columbo explained that the McTigue Group deals almost exclusively with election disputes, and it was evident at the Election Board meeting on August 30 that the recall of Murray looks very shaky legally. In spite of bluster from the Election Board chairman Rodney Barnett, the rest of the Board seemed chastened by Columbos’ remarks to the board, and Sayre, the attorney from the Country Prosecutor’s office, admitted he was unfamiliar with protested recalls and would need to do a quick study of the subject, which, given the time frame he has to operate within, will have to be really quick.  All the confusion is not surprising given the twelfth-hour timing of the Recall Murray Campaign, which began when former indicted City Auditor Tom Bihl threw his hat in the ring, or rather, more accurately, put  his head  in the wringer when no one else had been brave or foolish enough to do so. Because of the half-assed, half-gassed way in which the Recall Murray Campaign has proceeded, with the Dickens Pub serving as unofficial campaign headquarters, it is not surprising that there are at least fifteen reasons why the State Board of Elections may rule the recall petitions invalid. I have seen McTigue perform before the Ohio Board of Elections, and I would not want to be in Aeh’s shoes, or Tom Bihl’s either, if and when they testify  before the board. 

Where Southern Hostility Begins

The snarling Aeh at a City Council meeting
Aeh became involved in city politics back in the early 1980s, when the city was in turmoil over the recall of three members of city council who were vilified and demonized because they were allegedly against a shopping mall, just as Mayor Murray is being vilified and demonized now because she is allegedly against just about everything she can be accused of being against. The hatred being whipped up in the campaign to recall her is reminiscent of the hatred stirred up in the South and Midwest against Negroes by the Ku Klux Klan. As recently as the late 1970s, the Klan had a presence in Portsmouth, and some first-hand observers thought the movement to recall the three councilmen in 1980 had the characteristics of a KKK rally. Marchers did not carry a burning cross but they did carry  a casket with the picture of one of the councilmen, Harald Daub, as I wrote about previously in “The Mauling of Harald Daub.” Daub is still the target of hate mongers. His house and automobile were pelted by eggs late one night not long ago, perhaps by those who had been drinking firewater earlier at a Happy Hour at the unofficial headquarters of the Recall Murray Campaign. I refer to Basham's Dickens Pub.

   Jo Ann Aeh’s husband Roy was reportedly active in the Klan in the late 1970s, and was said to be recruiting for the KKK among the employees at the state prison in Lucasville. In a letter dated April 29, 1978, the authenticity of which has not to my knowledge been disproved,  the so-called Grand Dragon of the KKK, David Duke, welcomed Roy Aeh as a new member and invited him and his wife  to a KKK national convention in Jackson, Mississippi, where there would be seminars on “how to stop the rising tide of the forces that mean to end White Supremacy.” The Grand Dragon concluded the letter to Aeh by writing, “You and your wife JoAnn are cordially invited to be with us in this great crusade.” The letter specifies who the great crusade was against:  “Niggers, Jews, Catholics, and Puerto Ricans.”   I am not suggesting Jo Ann Aeh was a member of the KKK or that she championed White Supremacy. But of her political activities since 1980 it can be said, on the basis of the available evidence, that she is a supporter of the Southern Ohio Growth Partnership, the SOGP, which has had,  under several names, a stranglehold on the economic and political life of Portsmouth for the last thirty years. It is not the KKK we need to worry about: it is the SOGP, a so-called Community Improvement Corporation, and it is no secret who the “Grand Dragon” of the SOGP is. Portsmouth: Where Southern Hospitality Begins,” one of the citys slogans, perhaps should be changed to, Portsmouth: Where Southern Hostility Begins.” 

   The hatred being generated in Portsmouth today is not against “Niggers, Jews, Catholics, and Puerto Ricans.” The hatred today is against domestic terrorists” and CAVE People, that is, against the community activists who serve as the watchdogs of local government; but the hatred is directed above all against Mayor Murray who has challenged the corrupt status quo as perhaps nobody has in the history of Portsmouth, with the possible exception of  the three councilmen of  thirty years ago. That was when  Aeh, not coincidentally,  began her political career, a career she continues to carry on, having been  transmogrified into something of a snarling, fire-breathing Grand Dragoness who not only illegally alters recall petitions but  who has become increasingly unwilling or unable to carry out her record keeping responsibilities as required by the City Charter. She has reportedly become irate when asked for minutes of various public meetings and contemptuous of the principle of open public records, or at least of those who approach her with public records requests. It remains to be seen how much snarling and fire breathing she will do before the Ohio Board of Elections, if and when she has to testify about the recall petitions. It remains to be seen also whether northerners will get a better idea of what it’s  like to live in the Deep South of the Grand Realm of Ohio. (What follows is a letter from the Grand Dragon inviting Aeh and her husband to a KKK Convention.)

Thursday, July 16, 2015

Grandview Geysers

The Grandview area before the Dreck Geyser spouted

[Residents of the Grandview area reported that during the recent
torrential rains, sewers spouted like geysers.]

As sewage erupted from the sewers,
Like sepia geysers in the air,
Chief among the wrongdoers
Was "D'reck,"* our city manager.

One of the high risers,
Filled to the odiferous brim,
One of the Grandview Geysers, 
Should be named after him.

Let's call one the Shyster Geyser,
After the notorious Mike Mearan.
Let's call another the Kevin W. Geyser,
After the officious First Ward con man.

But let's name the biggest of all,
The geyser with the brownest luster,
The geyser with the most offal,
After our septic shitty manager.

Yes, let's call it the D'reck Geyser
Because it's so full of shit.
Let's call it the D'reck Geyser
Just for the hell of it.
               Robert Forrey, 2015

*Dreck (pronounced der-reck) is a Yiddish word
that is synonymous with the English word shit.

No, those are not Grandview residents watching the Dreck Geyser.
Those are tourists at Yellowstone National Park viewing the
most famous of all geysers, Old Faithful.

Thursday, July 02, 2015

ICMA: Wolf in Sheep's Clothing, or Worse?

One of the curious things about  the campaign in Portsmouth in 2011 to change back to the manager-council form of government was the role played  by the International City/County Management Association (ICMA), which, though I did not know of its existence at the time,  I now view as a somewhat stealthy and deceptive organization, a wolf in sheep's clothing, if not worse.

In the last one hundred years, 1915-2015, which coincides with the existence of the ICMA,  the United States has been strongly influenced in its international relations by the doctrine of American exceptionalism, which is the quasi religious belief that America is unique in the history of the world, being  the most  favored nation of, if not of  God,  then at least of  History. From the perspective of American exceptionalism, America is the home of true  freedom and democracy, which gives  it not only the right but the obligation to spread that  precious birthright around the globe. America promotes its exceptionalist view of freedom and democracy internationally in any number of ways and places, including Afghanistan, and through any number of organizations, including most notably and controversially the CIA. Where does ICMA get the money to operate its domestic and international operations? Domestically it has conservative corporate sponsors, which could foot the bill. Where the ICMA gets the money to finance its international operations it doesn’t say, but who else could it be if it is not an agency of the U.S. government?

Portsmouth is one of the American cities to which the ICMA provided financial and logistical assistance to electorally replace the mayoral-council form of government. But was the election fair? In  2011, the ICMA helped city councilman Kevin W. Johnson and the Committee for Better Government get a charter amendment passed  in the November election that returned Portsmouth to the manager-council form of government. The Portsmouth Daily Times  reported that the "ICMA and the Ohio City/County Management Association assisted the council-manager advocacy group Committee for Better Government Management by providing educational materials and guidance on the development of the charter amendment text. ICMA also contributed financial support to [the] Committee from the Fund for Professional Management to aid the group in mailing 4,000 educational postcards." But not many people read that squib in the PDT or knew the ICMA existed let alone that it had been instrumental in Portsmouth’s return to the city manager form of government. The margin of victory in that election was very small—just sixty votes—or a little over one percent of the votes cast.  I very much doubt the charter amendment would have passed if the ICMA had not interceded on the side of manager-council supporters. 

I first learned of the ICMA and its intervention in the 2011 election only recently  when I  read the minutes of  the 8 August  2011 meeting of the Portsmouth City Council, which you can read by clicking here.  That meeting took place only three months before the November election, but at least several people at the council meeting were surprised to learn about the charter amendment and even more surprised to learn  about the role of the ICMA. They learned of ICMA’s involvement because a member of that organization, who was the city manager of Loveland, Ohio, was at the August 2011 council meeting. He was present but he claimed he was present only in an educational capacity. This is what the ICMA consistently claims, that it is not taking sides in the manager-council versus the mayor-council form of government struggle, that it is just playing an impartial, educational  role, but that is a canard. The ICMA does everything it can to spread the manager-council gospel and to disparage the mayor-council form of government, all the while claiming to be impartial. ICMA claims to have a strict code of ethics that all its members, including city managers,  must follow. The ICMA may not have a dog in the fight, but it  has a wolf, a wolf  in sheep's clothing, and the wolf unethically carries on in its sheep's clothing not only before a city switches to a city manager but also afterwards, providing  its allegedly non-partisan assistance in the city's search for a city manager. ICMA can be so brazenly hypocritical at times that a shark may be a more appropriate metaphor than a wolf in sheep's clothing.  Derek Allen, who was chosen as city manager,  was judged to have lied under oath as a public official and received a suspended jail sentence. Is he the ICMA's idea of a highly ethical city manager? 

I have checked with the Scioto County Board of Elections to see if the ICMA or any of its many corporate sponsors filed any report on its financial involvement in the 2011 election as is required by county regulations. The Board of Elections could find no filing by the ICMA, which presumably considers itself, as a self-proclaimed impartial organization, above such requirements. It may have gotten away with such high handedness in Afghanistan, but can it also in the United States? Perhaps the Scioto County prosecutor can answer that question.