Charter Changes

Filed under: — tkm November 12, 2005 @ 12:0 pm
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  • ORDINANCE–COUNCIL PAY:

    CLICK: 1-23-06 Ordinance to appear before Council
    CLICK: 1-23-06 Regular Council Meeting sound bite dialogue regarding Council Pay–1st Reading.

    Below is what the Ohio Revised Code (ORC) has to say about compensation change during a term of office: Is Council setting themselves up for the participation in criminal acts committed against the taxpayers and supported by the City Solicitor & his co-conspirator the City Clerk????

    PORTSMOUTH CITY CHARTER
    SECTION 165. GENERAL LAWS TO APPLY.

    All general laws of the State applicable to municipal corporations now or hereafter enacted and which are not in conflict with the provisions of this Charter or with ordinances or resolutions hereafter enacted by the Council shall be applicable to this City; provided however that nothing contained in this Charter shall be construed as limiting the power of the Council to enact any ordinance or resolution not in conflict with the Constitution of the State or with the express provisions of this Charter.

    OHIO REVISED CODE
    731.07. Salaries shall not be changed during term.

    The salary of any officer of a city shall not be increased or diminished during the term for which he was elected or appointed. This section does not prohibit the payment of any increased costs of continuing to provide the identical benefits provided to an officer at the commencement of his term of office.

    Unless otherwise provided, all fees pertaining to any office shall be paid into the city treasury.
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    ORDINANCE–RECALL:

    CLICK: 1-23-06 Ordinance to change the circulator requirements.
    CLICK: 1-23-06 Regular Council Meeting sound bite dialogue concerning circulators of petitions–1st Reading.

    CLICK: 1-23-06 Ordinace proposed to regulate the Judges to pre-determine Malfeasance–Nonfeasance–Misfeasance prior to a trial and within 10 days (working? or calendar?)
    CLICK: 1-23-06 Regular Council Meeting sound bite dialogue concerning Ordinace proposed to regulate Judges pre-determine Malfeasance–Nonfeasance–Misfeasance prior to a trial and within 10 days–1st Reading.

    For a Judge to render a decision on Malfeasance—Nonfeasance—Misfeasance prior to a hearing (trial) would be political suicide for any Judge. This would also mean that Council, upon notification, would need to place this potential criminal on Administrative Leave.

    The language for this Ordinance change must have been written by the City Clerk who thinks she has a law degree and approved by the City Solicitor who is too busy looking up deeds to know what is going on in the city. After all he did forget to show up to the Organizational Meeting of Council on January 2, 2006—He was at the Life Center.

    OHIO REVISED CODE
    3.08. Procedure for removal of public officers
    Proceedings for the removal of public officers on any of the grounds enumerated in section 3.07 of the Revised Code shall be commenced by the filing of a written or printed complaint specifically setting forth the charge and signed by qualified electors of the state or political subdivision whose officer it is sought to remove, not less in number than fifteen per cent of the total vote cast for governor at the most recent election for the office of governor in the state or political subdivision whose officer it is sought to remove, or, if the officer sought to be removed is the sheriff or prosecuting attorney of a county or the mayor of a municipal corporation, the governor may sign and file such written or printed complaint without the signatures of qualified electors. Such complaint shall be filed with the court of common pleas of the county where the officer against whom the complaint is filed resides, except that when the officer against whom the complaint is filed is a judge of the court of common pleas, such complaint shall be filed in the court of appeals of the district where such judge resides, and all complaints against state officers shall be filed with the court of appeals of the district where the officer against whom the complaint is filed resides. The judge or clerk of the court shall cause a copy of such complaint to be served upon the officer, against whom the complaint has been filed, at least ten days before the hearing upon such complaint. Such hearing shall be had within thirty days from the date of the filing of the complaint by said electors, or by the governor. The court may suspend the officer pending the hearing.

    The removal proceedings filed in the court of common pleas shall be tried by a judge unless a jury trial is demanded in writing by the officer against whom the complaint has been filed. If a jury is demanded, it shall be composed of twelve persons who satisfy the qualifications of a juror specified in section 2313.42 of the Revised Code. If nine or more persons of that jury find one or more of the charges in the complaint are true, such jury shall return a finding for the removal of the officer, which finding shall be filed with the clerk of the court and be made a matter of public record. If less than nine persons of that jury find that the charges on the complaint are true, the jury shall return a finding that the complaint be dismissed. The proceedings had by a judge upon such removal shall be matters of public record and a full detailed statement of the reasons for such removal shall be filed with the clerk of the court and shall be made a matter of public record.

    3.07. Forfeiture of office for misconduct in office.
    Any person holding office in this state, or in any municipal corporation, county, or subdivision thereof, coming within the official classification in Section 38 of Article II, Ohio Constitution, who willfully and flagrantly exercises authority or power not authorized by law, refuses or willfully neglects to enforce the law or to perform any official duty imposed upon him by law, or is guilty of gross neglect of duty, gross immorality, drunkenness, misfeasance, malfeasance, or nonfeasance is guilty of misconduct in office. Upon complaint and hearing in the manner provided for in sections 3.07 to 3.10, inclusive, of the Revised Code, such person shall have judgment of forfeiture of said office with all its emoluments entered thereon against him, creating thereby in said office a vacancy to be filled as prescribed by law. The proceedings provided for in such sections are in addition to impeachment and other methods of removal authorized by law, and such sections do not divest the governor or any other authority of the jurisdiction given in removal proceedings.

    posted by tkm 1-23-06
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    We have a Chief of Police that promotes and encourages Council members, by his actions or inactions, busting citizens in the mouth and getting the knife out to threaten citizens of Portsmouth but insists the current reform group are “Terrorists”.

    To me I get the impression the Chief supports terrorist like actions by City Government Officials or is the leader of the crusade, which is supporting this type of behavior by City Officials.

    Extracted quote from the Vice President of Council, Mr. Mohr, wanting to Punch citizens in the mouth for parking violations!!!

    CLICK: Mohr expressing his desires to punch citizens in the mouth–Conference Meeting 1-9-06

    Extracted quote from the Vice President of Council, Mr. Mohr, wanting to get a knife out to threaten citizens of Portsmouth, while the whole time making stabbing motions with his hand!!

    CLICK: Get the Knife Out–Conference Meeting 1-9-06

    posted by tkm 1-14-06
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    As we gear up for the May election several individuals and public officials in our community will try and convince others that Recall is wrong. They will try to discredit the citizens and taxpayers who are trying to improve the scandalous environment that thrives in our community. They will call the truly concerned citizens in our community names like

    Click: “Domestic Terrorists”

    The only real terrorist in our community are the ones that are and will try to stifle and silence the efforts being made to move our community forward for the good of all and not just a select few.

    posted by tkm 1-13-06
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    If you visit the updated Council Information website by Bob Mollette, Regular Council Meeting of 11-14-2005, you will find in the Conference Session Agenda a time allowance has been prearranged for discussion on Charter Changes. After hearing Mr. Mohr’s suggestion on modifying the Charter concerning the Recalls (which he stated by Ordinance—shows how much he knows!!) I am assuming a discussion will be brought to the table concerning the Section of the Charter dealing with Recalls.

    The recall is a purely political process. It is the electoral process by which an elected officer is removed from office before the expiration of the term. All but 10 states provide for the recall of public officers.

    Taxpayers are like the bosses of government officials; government official would be like the public’s employees. “Employees don’t dictate to bosses rules and regulations. The Portsmouth City Charters provides the “employer the voters” the right to “recall”-“fire” their publicly elected officials – “employees of the voters”. The truth is that politicians don’t like to be “fired/recalled” and so the politicians and the special interest groups around Portsmouth have waged a war on the rights of the voters of Portsmouth to the issue of “recall/fire” public officials through propaganda disseminated by the public officials, the special interest groups and The Portsmouth Daily Times.

    The bottom line is: If the citizens don’t trust you, you have no business to represent them.

    posted by tkm 11-14-05

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