Filed under: HOLIDAY,Uncategorized — tkm October 30, 2007 @ 23:0 pm




The Informed Voter

Filed under: ELECTION,Uncategorized — tkm @ 15:0 pm

The Informed Voter is a publication by Teresa Mollette and Bob Forrey, and is being distributed in the Portsmouth and Sciotoville areas. This is Bob’s and my first attempt at publishing a newspaper and we had several bumps in the road, but altogether we think it went well.

Bob and I felt that the most important race was the Solicitor Race. So our attention stayed mostly with providing information on David Kuhn and the wrong doings we feel he has subjected the citizens of Portsmouth, Ohio to.

For those that would like to read the publication on-line here is a pdf file of The Informed Voter.

Thanks for everyone’s support.

CLICK:  The Informed Voter

Ohio High Courts Recognizes False Light Claim

Filed under: Misc,Uncategorized — tkm October 28, 2007 @ 7:0 am

6-6-07 Ohio High court recognizes false light claim

The state’s highest court said plaintiffs in Ohio can sue for placing them in a false light before the public.

One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of privacy if (a) the false light in which the other was placed would be highly offensive to a reasonable person and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

Court says presenting someone on the web in a false light is actionable

In the world of the web where people’s reputations can be destroyed by anonymous criminals who post defamatory statements, it nice to see that the Ohio supreme court has upheld the right of someone who has been presented in a false light on the web to sue for damages.

“The Ohio Supreme Court said today that litigants can sue for placing them in a false light before the public, a type of invasion of privacy claim.

“Today, thanks to the accessibility of the Internet, the barriers to generating publicity are slight, and the ethical standards regarding the acceptability of certain discourse have been lowered. As the ability to do harm has grown, so must the law’s ability to protect the innocent.”

Also note that an act does not have to be untrue to be used for a false light claim, and even the disclosure of true facts can warrant a false light claim:

“Unlike libel, where journalists can use the truth of the allegedly damaging statement as a defense, false light claims can proceed even if nothing incorrect has been stated.

The Ohio Supreme Court in today’s 5-2 decision said the claim does now exist in Ohio courts, saying that a “majority of jurisdictions in the United States have recognized” false light as a valid claim and that “the First Amendment concerns that some courts have raised in regard to false-light claims are overblown.”


Filed under: ELECTION,Uncategorized — tkm October 15, 2007 @ 15:0 pm

October 15, 2007 @ 7:00 pm

The Scioto County League of Women Voters will host its Meet the Candidates Night at the Scioto County Welcome Center on 2nd Street in the Boneyfiddle district.

Scheduled to attend:

Incumbent auditor Trent Williams and challenger Russel Doyle

Incumbent solicitor David Kuhn and challenger Michael Jones

City Council 2nd Ward incumbent David Malone and challenger Austin Leedom

City Council 4th Ward incumbent Jerrold Albrecht and challenger Wayne Nichols

City Council 6th Ward candidates Richard Noel and Wilton Mault

City School Board candidates invited but are not confirmed


Filed under: ELECTION,Uncategorized — tkm October 13, 2007 @ 22:0 pm

1. Kuhn is reactive rather than proactive, dealing with problems only when he is forced to.

2. Kuhn, instead of seeing that the laws of Ohio and the provisions of the City Charter are followed, acts to circumvent them and provide a legal pretext for unethical and illegal actions on the part of city officials and others.

3. Kuhn, with his customary “Don’t see, Don’t hear, Don’t speak” policy, negligently allowed the illegal $2,000,000 purchase of the Marting Building by the city to take place, a purchase that was later declared invalid in the courts.

4. Kuhn was responsible for the city’s aborted purchase of “contaminated” Boston Coke plant acreage becoming a legal and ecological controversy.

5. Kuhn is NOT the candidate the Fraternal Order of Police and the Portsmouth Firefighters are endorsing in next November’s election. What do they know you don’t?

6. Kuhn, in a poll conducted by the Shawnee Sentinel, was voted “Portsmouth’s Worst Person of the Year” for 2006.

7. Kuhn facilitated the infamous “Marting’s Foundation Grant and Agreement” (5-24-05) in which the City agreed not to bring any legal action against the Marting Foundation for having fraudulently sold it the Marting Building and further agreed to accept a number of onerous conditions it would have to meet before the Foundation would give back any of the nearly $2,000,000 it had illegally obtained from the City.

8. Kuhn keeps city government operating on behalf of those who have a stranglehold on the economic and political life of Portsmouth.

9. Kuhn allowed the passage of Ordinance 2003-80, which granted the Southern Ohio Growth Partnership, a private corporation, to sell water supplied by the city in violation of the City Charter, Section 121.01.

10. Kuhn marks public records “Confidential” to keep city business secret and to mislead citizens into believing those documents are not subject to Ohio’s “Sunshine Laws.”

11. Kuhn routinely ignores Public Records requests, including a 27 March 06 request from Councilman Mollette regarding the Portsmouth Police Fund.

12. Kuhn keeps irregular hours, is often “out to lunch,” and is chronically out of touch with the citizens he is supposed to be serving.

13. Kuhn is the candidate who has given the city of Portsmouth a black eye by doing everything he could to keep Timothy Loper on the City Council, even though Loper was living outside the First Ward, in violation of the residency requirement stipulated in the City Charter, Section 3.

14. Kuhn is the candidate who breezed in late to the Board of Elections hearing on Loper (4-5-06), putting in an appearance without a clue as to what had been testified to up to that point, as if his mere presence was going to influence the Board of Elections to allow Loper to remain on the City Council. The Board voted unanimously that Loper was living out of the First Ward, in violation of the City Charter, and therefore not legally qualified to represent residents of that ward.

15. Kuhn has only a very limited amount of time for his job. In his current term of office, the city has spent over $175,000 on outside counsel fees for legal work that Kuhn should have been doing for the most part himself.

16. Kuhn took no action in June 2002 against Michael Blackburn after Police Chief Horner submitted a detailed report (6-20-03) on Blackburn’s illegal acts as Service Director. Instead, Blackburn was allowed to retire with full benefits.

17. Kuhn took no action when four or more members of the Portsmouth City Council, which constitutes a quorum, would meet regularly behind closed doors in the City Clerk’s office prior to regular council meetings to discuss official business, in violation of Ohio’s Sunshine Laws.

18. Kuhn sat by mutely when certain members of City Council, at regular meetings (5-23-05 & 4-23-07), tried to change the agenda to prevent citizens from speaking on items not on the agenda, in violation of Section 4 of the City Charter.

19. Kuhn, when asked by convicted felon Michael Malone, whether he, Malone, could run for City Council, said that he could. What Kuhn apparently did not tell Malone was that due to a bizarre inconsistency in Ohio law, Malone would not be able to serve on the City Council even if he was elected to it. In that case, the City Council would have appointed someone to take Malone’s place, which is often how Portsmouth’s crooked politicians begin their political careers, by being appointed rather than elected to office, as lawyer Mike Mearan was to Loper’s vacated First Ward Council seat.

20. Kuhn took no action when Councilman David Malone became a candidate for mayor while remaining on the Council, though Section 85 of the City Charter clearly states, “If a member of the Council shall become a candidate for nomination or election to any public office, other than that of councilman, he shall immediately forfeit the office or employment held under the City.”

21. Kuhn, along with his nephew, Scioto County Prosecutor Mark Kuhn, worked in tandem to frustrate investigations into possible criminal behavior in regard to (A) Health Insurance, (B) Liability Insurance, (C) the Chillicothe Street Viaduct Property, (D) the Installation of a traffic light at 15th and Chillicothe Streets, and (C) the renovations at the Naval Reserve Center.

22. Kuhn, taking advantage of Portsmouth’s “home rule” status, accepted a $10,000 in-term raise in salary though the Ohio Revised Code (Div. E, Section 10203) prohibits a city solicitor “from accepting, for the duration of his term, an increase in compensation enacted by city council during his current term of office.”

23. Kuhn, whether because of failing memory or innate laziness, often appears to be unfamiliar with important sections of the City Charter, and when asked for his opinion at Council meetings resorts to mumbling.

24. Kuhn has allowed the mayor to have ultimate control over sidewalk repairs although Section 111 of the City Charter calls for the auditor’s office to send out notices and keep records of sidewalk repairs.

25. Kuhn in the 11 Oct. 07 Portsmouth Daily Times accused someone in the Mayor’s office of “leaking” information. The information was not confidential, but since Kuhn’s office will not release non-confidential information, even when requested under the Sunshine Laws, he wants other city offices to follow his “Don’t hear, Don’t see, Don’t speak,” policy.

Next Page >>>