Getting Down to Business

Grin of the Week

An ad on http://www.howardhanna.com/ caught my eye this week.

Location: Highland Heights. Price: $ 5,000: “Over 1.2 acres wooded with ravine. Old service station on land….”

Wow!! What a bargain! Five grand for an acre+ wooded lot in Highland Heights?

The address was strange: 0 Highland Road.So what gives, you might ask?

Turns out the “wooded with ravine” property is the actually the dedicated water detention basin for the Charles Place neighborhood, and the “service station” is a (now-obsolete) water pumping station that sits at the front of the basin, along Highland Road.

The ad goes on to say, in part: “No disclosures regarding building potential. Seller will entertain all cash offers. Make any reasonable offer…. Just Drive By!”

P.T. Barnum would be so proud….


The Council Meeting

Unlike earlier in the month, there were no controversies or fireworks surrounding the Jan. 26th council meeting. Instead the focus was on several essentials: budgets, drainage, and personnel.

Several committees met prior to the council meeting.

• After listening to Service Director Thom Evans and a representative from the city engineer’s office, the Drainage Committee unanimously agreed to recommend hiring the engineer (at a lower cost of $ 13,000,) to investigate and report back on possible options for replacing the Highland Heights water main and possible sources to fund that project. The Committee also discussed contacting Richmond Heights and Mayfield Village to see if they would be interested in joining with the city in seeking funding to replace the water main in all three cities.
  
• The Legislative & Finance Committee had their first meeting with Finance Director Tony Ianiro to discuss Mayor Coleman’s preliminary 2010 budget. The topic was revenue.
  Ianiro reported that the city ended up the year in the black, with $ 334,000 in unspent general fund money. That’s not a huge sum, given the city’s budget, but every penny counts. On a less happy note, Ianiro projects a 7.6% decrease in city property tax revenue for 2010, due to the county auditor’s recent property reappraisals and an increase in tax delinquencies, and a 4 % decrease in the city’s i2010 ncome tax revenues.

Like I said, every penny counts.

The Main Event

Woof


A topic that provoked alot of interest was Councilman Bob Mastrangelo's report from the Planning & Zoning Commission, that  a “Camp Bow Wow,” franchise wants to move into space along Alpha Drive. Apparently (with straight faces) representatives from that business pitched to P&Z that "Camp Bow Wow" is just like the children's daycare business that has been located on Alpha Drive for many years.

While I swear my own dog acts like a two year old most of the time, I don’t think I’d confuse my dog with one of my kids….
The Building Department

Mayor Coleman reported that he had received quite a number of applications for the Building Commissioner position in response to the city's want ad and that he expected to interview at least 3 candidates this week.

Mayor Coleman also confirmed that he was continuing to employ a part-time inspector, who works fulltime during the day as an inspector for the City of Cleveland. That part-time inspector was hired because Jim Austin, whom the mayor appointed in 2008 to serve as the city's Acting Building Commissioner, apparently not only lacked Chief Building Official certification but also lacked the credentialling necessary to perform inspections for the city.
http://www.highlandhts.com/docs/city_council/minutes/2009/01-13-09_council_minutes.htm
2010 Recreation Fees

The one significant action that council took was to approve the recommendations made by the Park & Recreation Commiission with regard to fees for the 2010 city summer recreation programs (swimming, baseball, tennis and day camp).

Recreation Director Dave Ianiro attended the council meeting, ready to answer questions regarding P&R's fee recommendations. Attending council meetings is still a new experience for Dave Ianiro, and he was clearly flustered and unprepared when he was asked to report to council about the P&R meeting. Councilwoman Cathy Murphy (the council rep to P&R) came to his rescue and reported briefly on that meeting..
The fee increases.

For baseball, most of the fee increases are in the $5-$10 range. Full season family pool passes are going up $ 10. Swim lessons are going up $ 5. P&R's most significant recommendations pertained to the city’s perpetually money-losing 8 week day camp program.

Here are some of the facts about the day camp program:

• It runs for 8 weeks in the summer, from 9 am to 4 pm (35 hours a week)
• Last year, approximately 60 % of the families participating were residents. The rest were nonresidents.
• Families can sign up for any number of weeks of camp (from one to all eight), which makes planning difficult as the number of campers varies from week to week.
• The camp program includes weekly field trips, for which no additional fees are charged. Field trips usually involve bus transportation and admission fees.
• Last year, some teenage camp counselors were paid in excess of $ 11 per hour.
• Recreation Director David Ianiro reported to council earlier in the month that although most camp programs in the area charge between $ 4.50 to $ 5 an hour, the city has charged only $2.50 an hour for its camp program for the last six years.

So how have the fees changed?  Well to begin with, residents will experience the most significant camp fee increases this year.

Residents signing up for 8 weeks of camp will see their costs go up over 72.17 % (for early bird registration) or 71.19 % (for regular registration).

Early bird residents paid $ 575 for 8 weeks of camp last year  ($ 71.88 per week). This year they will pay $ 990 ( $ 123.75 per week). Regular registration residents who paid $ 590 for 8 weeks of camp last year ( $ 73.75 per week) will pay $ 1, 010 (or $ 126.25 per week) this year.

While initially this might seem like a huge increase for residents to bear, the fees for 8 weeks of camp actually average out to less than $ 3.65 per hour---still well below the hourly rates charged by other camps in the area according to Dave Ianiro.


For nonresidents, the fees for 8 weeks of camp have been increased by 54.17 % to $ 1,110 for early bird registration (which translates to $ 138.75 per week/$ 3.96 per hour). For regular registration the fees will go up by 53.33 % to $ 1,150 ( $143.75 per week/$ 4.11 per hour).

At the end of the day, nonresidents will pay $ 20 more than residents ($ 2.50/wk) for 8 weeks of camp if they register early. If they don’t, they will pay $ 40 more than residents ($ 5/wk) for 8 weeks of camp.
There was one camp fee that didn’t change. Residents who do not sign up early and sign up for only one week of camp will still pay $ 155, like they did last year.
Finance Director Tony Ianiro told the Legislative & Finance Committee that he had not projected how much additional income the new fees will generate for the city' recreation department and that he didn't think the income "would go up that much".

But like I said before, every penny counts---particularly for a department that engaged in significant deficit spending last year.
end

Rapprochement

Rapprochement: the establishment of cordial relations (The Miriam Webster Dictionary)

David Ianiro, Highland Heights’Recreation Director, appeared at the January 19th Committee of the Whole meeting, to discuss proposed fees for the 2010 summer baseball program

Councilwoman Cathy Murphy, who is the new council rep to the city’s Parks & Recreation (P&R) Commission, reached out and personally invited David Ianiro to attend the meeting. When his turn came to speak, Murphy made sure to invite Ianiro to join council at the council table for the discussion.

It was pretty apparent to those of us in attendance that, after receiving her new appointment, Cathy Murphy did something that her predecessor apparently had not---she sat down and read the Highland Heights ordinances, which spell out in fairly good detail how P&R is supposed to operate and the how the checks and balances between P&R and council are supposed to work. (Excerpts from the ordinances are set out below).

Councilwoman Murphy declared that she was “looking forward to fostering good relations with P&R,” and she pledged to be “as good a liaison to P&R as I possibly can.” She also said:

"By no means do we (council) want to have another meeting like we did at the December 1st Legislative & Finance Committee, where park overages were brought to our attention that had occurred in the summer.” Murphy said that she did not want to “blame or point fingers.” What she wanted was “open communication” between council and P&R, “so that financial issues can be addressed at the time they arise, not months after the expenses are incurred.”

For his part, Recreation Director David Ianiro came forward with a recommendation to raise baseball fees (except for the instructional league for 7 & 8 year olds) a total of $ 5 for residents and $ 10 for nonresidents—the first baseball program fee increase in his six years as Recreation Director. He estimated that the fee increase would net the baseball program approximately $ 3,000 to $ 4,000 in additional income if the participation levels remain the same in 2010. That, of course, is always an unknown. As David Ianiro wryly pointed out, “We don’t have any children under contract” (to play baseball in Highland Heights).

Councilman Bob Mastrangelo asked whether the proposed new fees were comparable to surrounding communities. David Ianiro replied that they were not; that “we are cheaper than Mayfield Heights, Euclid, and several other communities.”

When asked why the fees were not set at a competitive level, given the fact that the recreation department was operating in the red, David Ianiro initially responded, “I don’t really have an answer for you Bob,” but he then went on to point out that, at least with regard to Mayfield Heights, that city guaranteed three more regular games per season than did Highland Heights (engendering additional referee costs).

The conversation between council and the Recreation Director was mutually respectful and congenial.

As required by Highland Heights Ordinance 139.01, the proposed 2010 baseball fees will be placed on the agenda for formal approval at the January 26th council meeting.


Here are excerpts from Highland Heights’ recreation ordinances.
You can find them at the city’s website: http://www.highlandhts.com/city-council/agendas-minutes.php Select: “Codified Ordinances”
Or use this link: http://www.conwaygreene.com/Hlandhts.htm


139.01 ESTABLISHED

A Park and Recreation Commission is hereby established to operate and recommend fees to Council for the use thereof of parks and playgrounds, playfields, indoor recreation centers, swimming pools, acquire recreation equipment and plan and carry out a recreation program for this community.

139.03 ANNUAL BUDGET

The Park and Recreation Commission shall annually submit a budget by the first day of June to Council, setting forth the Commission's financial requirements for the ensuing year. The Commission shall not incur any expenses during the year not included in such budget, unless authorized by Council. If such budget or any amendment or modification thereof is approved, Council shall, within the time prescribed by law, budget and appropriate the necessary funds. Such budgeted funds may only be expended upon the issuance of a voucher signed by the Chairman of the Commission and the Mayor…

139.05 REPORTS TO COUNCIL

The Park and Recreation Commission shall make periodic reports to Council, showing in detail all expenditures made by the Commission. The Commission shall also report annually to Council the activities of the Commission.

139.06 PERSONNEL; HIRING

(a) (The Director of Recreation) shall annually submit to the Park and Recreation Commission a recreation program and shall administer the recreation program promulgated by the Commission…. The Director shall attend the first regular Council meeting in February, April, June, July, October and November of each calendar year for the purpose of discussing the City park facilities and the park and recreation programs. The Director shall be provided with such assistants as may be authorized by Council from time to time. The compensation of the Director shall be set by Council from time to time.


(b) The Park and Recreation Commission shall hire other qualified personnel to operate the City's recreation program within the limits of the budget.

152.02 COMPENSATION OF MEMBERS OF BOARDS AND COMMISSIONS

(d). The compensation for the members of the Park and Recreation Commission shall be at the rate of seventy-five dollars ($75.00) per meeting or Park and Recreation Commission sponsored activity attended up to a maximum of one hundred fifty dollars ($150.00) per month.

end

Soap Box: Park & Recation's Disconnect From (Financial) Reality

I’ve been thinking a lot about the comments I heard expressed by Recreation Director David Ianiro and the Park & Recreation Committee’s (P&R) members and supporters during last week’s Committee of the Whole meeting.

 As is typical of that type of organized public rally, the speakers spoke in a coordinated fashion, zeroing in almost exclusively on the same three messages: 1) safety; 2) maximizing participation in recreation programs; and 3) making the park enjoyable for residents and guests.

That certainly fit within what Mayor Coleman said he expected Recreation Director David Ianiro and P&R to accomplish: “bringing more people to the park” and “growing (recreation) programs” for the city.

After listening to the speakers, an additional, albeit unarticulated, goal was also clearly at play: bragging rights. All of the involved individuals clearly wanted to be able to claim, at the end of the day, that the city offered the best programs and best park facilities in the area, bar none.

It is quite apparent that costs, budgets and financial realities have not been an important part of the environment in which David Ianiro and P&R have operated over the last six years.

 It is also apparent that they have not adjusted their mindset, even as the economic environment has changed around them. This is most clearly evidenced by two things: 1) their continuing insistence (even during last week’s council meeting) that council spend $ 300,000 in general funds to renovate the old pool house building to support a consistently money-losing 8 week day camp program that relatively few Highland Heights families participate in; and 2) their significant deficit spending in 2009.

It is even more remarkable that David Ianiro and P&R pursued a path of deficit spending last year given that they had been warned by the city’s Finance Director Tony Ianiro that the city’s property tax collections (which directly impact the P&R budget) were decreasing and given that surrounding communities had already begun closing pools and readjusting their own recreation programs in response to the deep economic recession (some people call it a depression) that we are currently experiencing.

I was particularly struck by what one P&R members told council during the Jan. 12th meeting:

“…Tightening our belt, that’s such a difficult thing.”

I sympathize. I really do.

 Having to live within a budget is a real drag.

Not having unlimited financial resources at your disposal, to spend at will, is a real drag.

It’s a lot more fun----and so much easier to achieve goals (and bragging rights)---when you can spend money without giving a thought or care as to where the money is coming from, who is paying for it, and whether it is in limited supply.

But we’re in a recession.

“…Tightening our belt, that’s such a difficult thing”.... ?

Well, P&R---Welcome to the Club.

end

2010 Mayoral Appointments: Lose One, Win One--Now What?

Heads Up: Items of General Interest from the Jan 12 Council Meeting

• Fire Chief Bill Turner reported that the failure of a computer server in Atlanta caused problems with the city’s reverse-911 system in December. An audit is scheduled to be conducted in January, to confirm that the system is working properly. Residents will be receiving automated phone calls from the system this month-- maybe more than one—as part of that audit.


• Thom Evans, the head of the Service Department, recommended that council pay for an engineering study, as the first step in making decisions about the replacement of the 16” water main that is buried under Highland Road. The main was installed in 1955 and relined in 1992. It has connecting flanges and bolts every 21 feet along its length, and some of those have rusted, causing a significant number of water leaks over the last few years. Evans warned that replacing the main will be a costly (but necessary) expenditure for the city. Council is waiting to receive a memo, describing the work that would be provided for the proposed $ 20,000 fee.

The Mayor’s Appointments for 2010

The Building Commissioner Position

After the brouhaha last week (see my Jan. 7th blog), it was nice to see Council and Mayor Coleman on the same page with regard to the process and procedure to be used for filling the Building Commissioner vacancy. Everyone agreed that this important city position will be publicly posted and advertised and that the mayor will interview and select an appointee from the respondents.

Mayor Coleman even provided council with a copy of the advertisement that the city used three years ago, when Jim Austin’s predecessor was hired. The mayor solicited comments from council and stated that this time around, all candidates for the position would be required to hold state certifications as both a Class 1 Chief Building Official (CBO) and a Class 3 Electrical Inspector. (The CBO certification is necessary to keep our building department accredited by the state).

Mayor Coleman reported that Jim Austin had been unable to obtain CBO certification after spending two years as the city’s Assistant Building Commissioner and that he left that job on December 31st. The mayor also disclosed that he has already received inquiries from two qualified individuals who are interested in the Building Commissioner position.

The Recreation Director Reappointment

Anyone interested in witnessing local politics in action missed a fine opportunity last night. The council chamber was packed with friends and supporters of Highland Heights’ embattled Recreation Director, David Ianiro.

Council had some inkling of what was going on. Although the mayor had apparently told several council members that David Ianiro would address them at a January 19th meeting, word had leaked out that “rally the troops” text messages and emails had been sent to high school students and others associated with the recreation department, trying to get a good turnout for the January 12th council meeting.

A large crowd of both residents and nonresidents packed the council chamber. In addition to high school students, the attendees included two former mayors, a Willoughby Hills councilman, and several former council members and unsuccessful council candidates. Also attending was Marty Zucker, who, when not riding his bike around the city, spends a lot of time at the park. (There is a very nice profile of Mr. Zucker-- “Everyone knows Marty”-- in the city’s Fall 2007 newsletter: http://www.highlandhts.com/docs/newsletter/09-07_Highland_Heights_newsletter.pdf ).

Mayor Coleman seemed absolutely delighted by the turnout. An admitted personal friend of David Ianiro, the mayor went so far as to waive off a city administrator’s offer of assistance and took it upon himself to leave the Committee of the Whole meeting to make copies for David Ianiro, so his remarks could be distributed to council members. After the meeting ended, Mayor Coleman spent time traveling around the room, shaking hands, giving hugs and thanking the crowd for attending.

The Speakers

15 individuals spoke at the council meeting. Most of the speakers made clear that they were there as friends, to support David Ianiro personally, and that the controversy surrounding his fiscal management of the city’s recreation department was irrelevant to them. Here is a sample of their comments:

· “I respect him with all I have…He puts safety above worrying about how much it costs.” (High school student who was coached by David Ianiro).

· “I have difficulty accepting the Sun Messenger article (about the recreation department spending). It was disappointing and embarrassing to the city.” (Park & Recreation Commission Head)

· “My friend is in need. I am here…. (As for the 15 extra, unbudgeted-for pool employees) I want 150 lifeguards to make sure no one drowns. Should they have been approved? Whatever.” (Former mayor’s son-in-law)

· “I understand a balanced budget. ..There’s money you should be spending. Diamond 1 is a mess.” (Resident who lives adjacent to the park)

· “When you go over budget, (well) sometimes you have to do it.” (coach).

· “The programs we have improved under Dave have been invaluable…(As for) tightening our belt, that’s such a difficult thing.” (Park & Rec Commission member)

· “If Dave Ianiro doesn’t run the park, I won’t come back.” (baseball sponsor and coach)

Dave Ianiro’s Comments To Council

Although he was not listed on the agenda (and several council members had been told that the discussion would be held the following week), David Ianiro came prepared to address council during the Jan. 12th meeting. He started by saying, “I feel I am defending a program that I ran for the last 6 years.” Among the things he reported:

· Although the number of kids participating in the boys’ baseball program was about the same in 2008 and 2009, he decided to add more teams in 2009 (which meant additional equipment and umpire costs) “so more kids could play”.

· He is looking at the pricing and the format of the day camp. While Highland Heights charges approximately $ 2.50 an hour for camp, other cities have been charging camp fees in the area of $ 4- $5 and hour. He also reported that,“We had no broken bones for any of our campers this year.”

· He is considering freezing the wages of student summer recreation workers.

· He made some attempt to explain the hiring of the 15 un-budgeted for pool employees, but the explanation (in my mind at least) was pretty muddied and incomplete. He stated that 5 employees had left mid-season, that he put a life guard in the kiddie pool during swim lessons (rather than imposing a rule requiring parents and non-lesson taking children to remain outside of the pool area) and that he also put an extra life guard down at the pool’s deep end.

· With regard to costs, he said that a lot of that is dictated by other people (i.e., the cost for camp field trips and the fees charged by the boy’s pony baseball umpires). With regard to programs, his comment was that he “hates to limit the number of participants” and, “I don’t like to say no.” He also said, “If we made decisions, we made them on account of safety and fun and an enjoyable experience for residents and guests.”

· He also pitched, yet again, the idea of (spending $ 300,000 of general fund tax dollars to) renovate the old pool house building for use by the day camp. He told council that the Millridge gym is too small to hold 130 campers and that it costs “thousands of dollars” to use Millridge.

As for the first claim, any Millridge parent knows that the gym doubles as an auditorium and that the entire Millridge student body (far more than 130 kids) fits inside that space. As for the claim about cost, that assertion was refuted by Dave’s brother, Tony Ianiro, the city’s finance director. According to Tony Ianiro, the total cost to use Millridge as a rainy day camp locale is “a minimal amount,” “probably $ 100”. As for the janitors--who David Ianiro stated were paid “$ 60-$80 and hour”--well, the school district pays them because they are present and working at Millridge all summer anyway. The camp only has to pay if the presence of the campers requires the janitors to work overtime.

Is David Ianiro Really The Victim of a Mean And Inappropriate Council?

During his speech, David Ianiro worked pretty hard at presenting himself as the victim of unfair criticism and treatment by council.

He claimed that he had “come to every meeting that the mayor and (Council President) Scott Mills asked me to” and that he “wasn’t invited when you discussed it (the financial report showing the recreation department’s significant deficit spending in 2009).” “No one called or spoke to me.” ”No one asked me what happened.” “ No one reached out to me.” “I am upset and embarrassed for our community.”

David Ianiro essentially claimed he was completely unaware that council was questioning the recreation department’s spending and that he did not have an opportunity to discuss the matter with council.

But before anyone starts pulling out their hankies, here are a few things to consider:

1. Each year, council designates a representative to serve as a link between council and the city’s Park & Recreation Commission. For the past two years, that representative was Ted Anderson--who served as a Commission member before he was elected to council. As his reports to council reflect, Anderson kept in close touch with David Ianiro and did a good job of keeping both Ianiro and members of the Commission informed about council concerns and issues—--which necessarily included concerns about the park & recreation department’s budget and deficit spending.
   
2. At the end of the October 13th Committee of the Whole meeting, Councilwoman Cathy Murphy asked the mayor to invite David Ianiro to come to the October 20th Committee of the Whole meeting, to talk to council and to give them an “end of the summer follow-up”. At the October 20th Committee of the Whole meeting, however, Council President Scott Mills reported that “because Mayor Coleman was unable to be present (that) evening, he (Coleman) cancelled Mr. (David) Ianiro coming and will reschedule his report for a later date.” For whatever reason, the mayor never rescheduled that appearance.
   
3. Tony Ianiro placed three ordinances on the agenda for the November 24th council meeting, one of which approved appropriating money to address the recreation department’s 2009 deficit spending. The agenda is posted online, at the city’s website. The agenda gave notice to David Ianiro, to council, and to the community at large that the recreation department’s budget and spending would be discussed at the November 24th council meeting.
   
   Ted Anderson attended the November 24th council meeting. He was present when Tony Ianiro described the reasons for requesting a transfer of funds (i.e., the recreation department’s deficit spending) and when the ordinance (# 25-2009) was referred for discussion at an upcoming December 1st Legislative & Finance (L&F) Committee meeting. As council’s Park & Rec Commission representative, Anderson was responsible for letting David Ianiro and the Commission know about the discussion and that decision.
   
4. Tony Ianiro attended the Dec. 1st L&F meeting and spoke on his brother’s behalf. That was a familiar pattern. Tony Ianiro had also spoken for David Ianiro during the L&F budgeting process earlier in the year. According to my records, David Ianiro attended only one of the L&F meetings in which his proposed 2009 recreation department budget was discussed. Tony Ianiro spoke for his brother at the budget meetings that he did not attend.
   
5. The transfer ordinance for the recreation department (# 25-2009) was listed for a second time on the agenda for the Dec. 8th council meeting. Once again, that agenda gave notice to David Ianiro, to council, and to the public that the recreation department budget was up for discussion at the December 8th council meeting. David Ianiro did not attend that meeting.
   
6. Anyone can show up and attend council meetings. They are public meetings. No invitations are required. Council allows (and encourages) city administrators to speak during council meetings, on any agenda item.
   
   It goes without saying that if I was responsible for a city department, and a discussion of my budget was listed on the agenda for a council meeting, I would make sure to attend that meeting---with or without a formal invitation. Wouldn’t you?
   
7. In fact, Highland Heights Ordinance 139.06 requires the Recreation Director to attend designated council meetings, for the purpose of reporting to council and providing an opportunity for communication and discussion between council and the Recreation Director. For whatever reason, David Ianiro has never complied with that ordinance during any of the six years that he has served as the city’s Recreation Director.
   
   Ordinance 139.06 reads, in part: The (Recreation) Director shall attend the first regular Council meeting in February, April, June, July, October and November of each calendar year for the purpose of discussing the City park facilities and the park and recreation programs.

David Ianiro’s reappointment was unanimously approved by council on Tuesday night.

He now has the opportunity to demonstrate improved performance, both with regard to his fiscal management of the recreation department and with regard to his communication with council.

I look forward to hearing him speak at the upcoming Legislative & Finance Committee meetings discussing his 2010 budget.

He and council should have a lot to talk about.
end

Welcome New Council!

The Swearing-In

The council members for the 2010-2011 term were sworn in on January 5th at 7 pm. It was a well attended event, with many family members and city administrators/employees present.

Honored guests, Judge Mary Kay Bozza, Judge Colleen O’Toole and State Rep. Matt Dolan conducted the swearing-in.

As a surprise, Council President Scott Mills asked his youngest daughter to hold the Bible for him. That made for a very charming scene.

The Special Meeting

Although the night was intended to be celebratory, Mayor Coleman asked for a special meeting to be held, apparently hoping to get council’s immediate approval of all of his proposed appointees for city positions.

The way the appointment process works is this: under Section 5.05 the Highland Heights Charter, the mayor is given the authority to select the individuals that he would like to appoint to city department head positions and council has the authority to either approve or disapprove of the mayor’s choices.

Section 5.05 reads, in part: "The Mayor ...shall appoint all other department
heads (other than the Finance Director), subject to the approval of a majority of the members of Council..."

It’s a checks-and-balances thing, which is intended to encourage cooperation between the mayor and council with regard to employment decisions.

So, if it is supposed to be a cooperative process, why the rush to get the appointments approved by council immediately following the swearing-in, when many family members and guests were present and watching?

Although he never explained himself, one guess would be that Mayor Coleman was hoping to use the festive occasion to get a rubber stamp vote and avoid discussing some of his selections with council.

I say that because listed on the agenda were two names that I think council might be particularly interested in discussing: David Ianiro (reappointment as Recreation Director) and David Menn (a new appointment as Building Commissioner).

The Proposed Reappointment of David Ianiro as Recreation Director

The fact that Mayor Coleman wants to reappoint David Ianiro took some in attendance by surprise given the recent disclosures about the recreation department’s significant deficit spending last year---brought about, in part, by the unbudgeted hiring of 15 extra pool employees last summer (to date, neither Mayor Coleman nor David Ianiro has publicly accepted responsibility for that hiring decision).

In including David Ianiro’s name for reappointment, Mayor Coleman clearly signaled his endorsement of David Ianiro and his past performance as the city’s recreation director.

Based on the questions council members recently raised regarding the recreation department’s deficit spending (and David Ianiro’s blatant disregard of his own budget), it is remarkable that Mayor Coleman would expect that council would be willing to approve that reappointment without engaging in a significant amount of discussion beforehand.

The Proposed Building Commissioner Appointment

The listing of David Menn’s name on the agenda (and the inclusion of an accompanying pay ordinance) was the first inkling to the public that Mayor Coleman had decided to abandon--after two years--his strategy of staffing the city Building Department with both a full-time uncertified Acting Building Commissioner (Jim Austin) and a part-time certified Interim Building Commissioner (Tom Jamieson) (read my January 5th blog for more details on that dual-employment arrangement.)

Mayor Coleman informed council of his new proposed Building Commissioner appointment in a December 30, 2009 memo, which council members received while they were out on their mid-winter break.

Council had not yet had an opportunity to discuss that decision or the mayor’s proposed appointment in public when they appeared for the January 5th swearing-in ceremony, nor had council's Legislative & Finance Committee met to discuss or recommend an appropriate salary range for the newly restored Building Commissioner position.

Despite the fact that no public discussion had yet taken place, Mayor Coleman pushed to get immediate approval of both the salary ordinance and the proposed appointment at the special meeting.

To that end, Mayor Coleman went so far as to invite David Menn (who is currently the University Heights Building Commissioner) to attend that meeting. He also wrote and distributed a memo on January 5, 2010 (which was timed to be received by council members as they arrived for the swearing-in ceremony), in which he claimed that Council President Scott Mills had represented to him that council had informally approved of the appointment during the week of December 21st.

The January 5th memo read, in part: "Mr. Mills informed me that he would... see if council was favorable of the appointment....Mr. Mills told me that....there were no concerns with him (David Menn) or his proposed salary and that everyone 'seemed excited'."

I can only assume that Mayor Coleman wrote and distributed the January 5th memo as a pressure or leverage tactic, hoping to use it to get his appointment through on January 5th without a hitch (by essentially saying to council: “I was told it’s a go, so you can’t back out now”).

But if that was the mayor’s intent, it had quite the opposite effect.

Ohio’s Sunshine Law requires public bodies to hold all deliberations about public business, and to conduct all votes on public business, in public, at public meetings. Even executive sessions (during which personnel and employment matters can be discussed--but not decided upon---in private) must be held within the context of a public meeting. Both Mayor Coleman and Council President Scott Mills are very familiar with that law.

The Sunshine law reads: "This section (Ohio Revised Code § 121.22) shall be liberally construed to require public officials to take official action
and to conduct all deliberations upon official business only in open meetings
unless the subject matter is specifically excepted by law."

The Ohio Supreme Court has said:

"The statute requires that governmental bodies 'conduct all deliberations
upon official business only in open meetings.'.. Its very purpose is to prevent
... elected officials meeting secretly to deliberate on public issues
without accountability to the public." The State ex Rel Cincinnati Post v. The
City of Cincinnati, 76 Ohio St. 3d 540.

In claiming, in his memo, that council had already informally pre-approved his appointee, Mayor Coleman essentially accused Council President Scott Mills and the rest of council of acting illegally--of violating the Sunshine Law--by deliberating and voting upon his proposed appointment (through use of a straw poll conducted by Mills) outside of a public meeting.

Why put such a serious accusation in writing? Well, I can only guess that Mayor Coleman was hoping to intimidate council into rubber-stamping, without further ado, his proposed appointee and the pay ordinance (which provided for a starting salary of $ 78,000, with an automatic $ 2,000 pay increase after 6 months).

A calm but clearly angry Council President Scott Mills quickly attempted to set the record straight once the special meeting began. He stated that, at Mayor Coleman's request, he had passed along information about the mayor's decision to council members, but Mills adamantly asserted that council “did not vote in any form” on the proposed appointment. He then asked for a motion to remove all of the mayor’s proposed appointments from the agenda. Mills indicated that he wanted to move them to the agenda for “the first regular session of council, where the public will be able to attend and to make comments.”

That motion was made. Council passed it unanimously.

Council will begin discussing Mayor Coleman’s proposed city appointments at a Committee of the Whole meeting, Tuesday Jan. 12, at 7 pm.

One of the items that several council members indicated that they would like to discuss is whether the city should publicly post the Building Commissioner job, to develop a pool of candidates that Mayor Coleman can choose from. As it stands now, the only potential candidate that apparently even knew of the vacancy was David Menn.

The question, I think, is a pretty fundamental one: does Mayor Coleman’s approach--of avoiding the public posting of job vacancies and filling vacancies by simply enticing away neighboring cities’ employees---constitute good government?

That’s certainly something for council to consider, when it meets next week.

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Deja Vue (Or Light Bulbs Appearing Over My Head, In Cartoon Character Fashion)

But first, Kudos to the Service Department

I had to mail a letter tonight. I began sliding across Richmond Road as I attempted to turn into the Richmond Heights post office parking lot. (Richmond Heights streets tend to be snowy and slippery in winter.)

That reminded me to take a moment to send kudos to the Highland Heights service department. The service department crews have done an outstanding job keeping our streets plowed and passable in response to what seem to be never-ending lake effect flurries.

Thank you for your efforts to keep us all safe and mobile!

Now to the main event

I don’t know if you read the Dec. 23rd Plain Dealer front page story that detailed a “sham (political) race” involving Joseph Gallucci. He filed to challenge incumbent Democrat Frank Russo for the position of County Auditor in the November 2006 election, but withdrew from the race two days before the filing deadline expired—late enough to prevent anyone else from challenging Russo for the job.

As reported by the PD, an indictment filed in federal district court alleges that Gallucci never really intended to run for the county auditor’s job, that he entered and then left the race with the intended (and pre-arranged) purpose of handing a walk-in reelection to Russo, and that, as a reward, Gallucci was given a post-election $ 70,000 a year job in the county auditor’s office (which he has since given up).

Read the story at: http://topics.cleveland.com/tag/joseph%20gallucci/index.html
Post-script: Galluci pleads guilty. Read that story at:
http://blog.cleveland.com/metro/2010/01/gallucci_pleads_guilty_in_coun.html

The Galluci indictment illustrates politics at its worst. It feels like a slap in the face to our democratic values when politicos “game the system” and deliberately deprive voters of a choice of candidates for public office.

The Plain Dealer story brought to mind an interesting pattern of events surrounding the last two Ward 4 council elections here in Highland Heights.

By bringing this up, I in no way mean to suggest that the Ward 4 races involved similar “sham” elections like the Gallucci case, but I do find it interesting to take a closer look at these elections and their outcomes for the participants. See if you find it interesting too:

First Round: Ward 4 Council Race: November 2007.

1. Jim Austin served as the Ward 4 councilman in 2006 and 2007.

2. Everyone expected that Jim Austin would run for reelection in Ward 4 in the November 2007 election--a logical assumption given that incumbents typically have a great advantage when running for reelection and Austin seemed to be well-liked by his constituents. Austin surprised everyone, however, by filing as a candidate for an at-large council seat, going up against 3 very well-established incumbents (Mills, Hargate and Legan). That decision left newcomer Ted Anderson unopposed. Anderson walked into the Ward 4 council seat, while Austin was soundly defeated.

3. Two months later, in January 2008, Mayor Coleman created a new, well-paid city position, that of “Assistant Building Commissioner,” and appointed Jim Austin to that job.
Austin received the appointment even though he did not possess certification as a Chief Building Official (CBO), which certification is necessary to keep the city’s Building Department legally viable under state law and which certification prior building commissioners had possessed.

To preserve the building department’s legal status, Mayor Coleman also hired (and agreed to pay) Tom Jamieson (who is a certified CBO and is currently the fulltime head of Mayfield Heights’ Building Dept.) to act as the city’s part-time ‘interim” Building Commissioner.

Mayor Coleman told council, when asking them to approve Jim Austin’s initial appointment in January 2008, that Austin was already in process to receive the required CBO certification. This dual-hire arrangement has remained in place for two years. According to state records, Austin still does not possess the required CBO certification.

Here are the links to minutes pertaining to these hiring events:
http://www.highlandhts.com/docs/city_council/special%20meetings/2008/01-02-08_special_meeting_minutes.htm
http://www.highlandhts.com/docs/city_council/minutes/2008/01-08-08_city_council_minutes.htm


Second Round: Ward 4 Council Race: November 2009

4. In February 2009, Ted Anderson takes out petitions to run for re-election in Ward 4.

5. Summer 2009. Ann D’Amico, a former councilwoman (who was the top vote-getter when she ran for an at-large seat, but who later chose not to run for re-election) takes out a challenger petition for the Ward 4 seat. D’Amico collects signatures and even marches in the Highland Heights’ Home Days parade as a Ward 4 council candidate.

Two days before the filing deadline expires, however, D’Amico announces that she is pulling out of the race, thereby leaving Anderson poised to walk back, unopposed, into the Ward 4 council seat for a second time. D’Amico later tells people (myself included) that she withdrew from the race because she is planning to move out of the city in the near future.

6. A month later, in a December 18, 2009 memo, Mayor Coleman informs council that he intends to appoint Ann D’Amico, who is an attorney in private practice, to a paid position on the city’s Planning & Zoning Commission beginning in January 2010--- for a term that expires in December 2011. (So much for moving out of town, I guess.)

To Recap:

We've had candidates in the last two elections, either switching races or pulling out from the Ward 4 council race at the last minute, both times to the apparent benefit of Ted Anderson (who, as a result, walked into the Ward 4 council seat the first time and almost did a second time). And following those elections, Mayor Coleman either appointed or declared his intention to appoint both of the switching/withdrawing candidates to paid city positions.

Interesting coincidences, no?

In any case, that’s where any comparison to the Gallucci story ends--- because despite D’Amico’s last minute pull-out, Ward 4 residents were lucky enough to have a choice in candidates after all, after newcomer Lisa Stickan (an assistant county prosecutor) quickly collected signatures and managed to file as a Ward 4 challenger at the last minute. After running a hard race, she beat incumbent Ted Anderson quite handily.

Anderson later told a Sun Messenger reporter that it “should not be a two party race” and that Lisa Stickan won due to the “involvement of the Republican party”—an ironic charge given that Anderson was himself endorsed by two well-known local Republicans. Based on his reported comments, it certainly appears that Anderson expected to walk back into the Ward 4 council chair a second time and that he was stunned to find himself in an actual political race for that seat.

But don’t feel too sorry for Ted Anderson because he will get a mayoral appointment too. Mayor Coleman has already stated publicly that he intends to appoint Anderson to serve on the city’s 2010 Home Days Committee.

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