What's in a name???

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When is “City Council” not “City Council”???
All of the little signs read “COUNCIL MEMBER”. The story in The Middletown Journal with the headline: 

“Sweeping reforms ahead for Section 8” and the sub-header:

“Council adopts changes to reduce number of vouchers used in city”
used terms such as “City Council“, “council“, and “council members” no less than ten times. Some of the slides in the presentation even used the same terms as the Journal article. The group looked exactly like the Middletown City Council, talked like Middletown City Council, and acted like City Council, but was it Middletown City Council???
Now I know that some of you will think that I am being picky, and I realize that people like “jm” and his gaggle of aliases would attack me and belittle me if I would have posted these thoughts on the Journal e-dition, but the difference IS important!!!
You see, the Middletown City Council may have the right to create a municipal Public Housing Agency, but I do NOT believe that they have the right to be the municipal Public Housing Agency!!!
You see, any board, commission, agency, or similar body that a city council creates must be accountable to that council. It is the most very basic conceptduring the creation of our nation that there be “checks and balances” in the governance, in order to prevent the possibility of tyranny, of unchecked power of any sort, to “rule” the people as opposed to equitable governance of the people, by the people and for the people via their duly elected representatives.
The most shameless, brash, unabashed, blatant, audacious abuse of power and elected position possible is when a person, or groups of persons, purports to be a “check upon themselves”!!!
Of course, I must be all wrong, or else how could the SIX attorneys and TWO quasi-attorneys directly involved in these two groups allow this to occur???
Or…are the differences between the Middletown City Council and the Middletown Public Housing Agency so small that even these EIGHT great legal minds are confused?
And all of the above illustrates a point I have been trying to make for nearly a decade: 

Being a member of, or a "liaison" to, all of the various boards, commissions and agencies to which Middletown City Council members so zealously insist on appointing themselves is illogical; carries an inate and unavoidable conflict of interest; and is at the least improper while most likely illegal.

Along the same vein, please cease the crying about how busy being a council member keeps you.  It is your own fault.  When all of the resume-building appointments are made---JUST SAY NO!!!  Out of the other 49,993 citizens in this city, it is a good bet that you can find someone other than yourselves to sit on a golf commission or a park board.  

(And many more citizens would probably be willing to serve on the boards and commissions if they knew for certain that there wouldn't be a council member there trying to throw their weight around!  After all, each board or commission not only REPORTS to the council, but also RELIES on council for funding.  So, if the board doesn't do everything the "liaison's" way, how much chance would they have getting anything approved by the full council?  Gee...there's that pesky "conflict of interest" again that no one at City Hall is willing to admit ever exists!!!)

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Mike_Presta Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Council Joined: Apr 20 2008 Location: United States Status: Offline Points: 3483	Post Options Post Reply Quote Mike_Presta Report Post Thanks(0) Quote Reply Topic: What's in a name??? Posted: Jul 01 2010 at 5:56pm
	When is “City Council” not “City Council”??? All of the little signs read “COUNCIL MEMBER”. The story in The Middletown Journal with the headline: “Sweeping reforms ahead for Section 8” and the sub-header: “Council adopts changes to reduce number of vouchers used in city” used terms such as “City Council“, “council“, and “council members” no less than ten times. Some of the slides in the presentation even used the same terms as the Journal article. The group looked exactly like the Middletown City Council, talked like Middletown City Council, and acted like City Council, *but was it Middletown City Council???* Now I know that some of you will think that I am being picky, and I realize that people like “jm” and his gaggle of aliases would attack me and belittle me if I would have posted these thoughts on the Journal e-dition, but *the difference IS important!!!* You see, the Middletown City Council may have the right to create a municipal Public Housing Agency, but I do NOT believe that they have *the right to be* the municipal Public Housing Agency!!! You see, any board, commission, agency, or similar body that a city council creates must be accountable to that council. It is the most very basic conceptduring the creation of our nation that there be “checks and balances” in the governance, in order to prevent the possibility of tyranny, of unchecked power of any sort, to “rule” the people as opposed to equitable governance of the people, by the people and for the people via their duly elected representatives. The most shameless, brash, unabashed, blatant, audacious abuse of power and elected position possible is when a person, or groups of persons, purports to be a *“check upon themselves”!!!* Of course, I must be all wrong, or else how could the SIX attorneys and TWO quasi-attorneys directly involved in these two groups allow this to occur??? Or…are the differences between the Middletown City Council and the Middletown Public Housing Agency so small that even these EIGHT great legal minds are confused? And all of the above illustrates a point I have been trying to make for nearly a decade: Being a member of, or a "liaison" to, all of the various boards, commissions and agencies to which Middletown City Council members so zealously insist on appointing themselves is illogical; carries an inate and unavoidable conflict of interest; and is at the least improper while most likely illegal. Along the same vein, please cease the crying about how busy being a council member keeps you. It is your own fault. When all of the resume-building appointments are made---JUST SAY NO!!! Out of the other 49,993 citizens in this city, it is a good bet that you can find someone other than yourselves to sit on a golf commission or a park board. (And many more citizens would probably be willing to serve on the boards and commissions if they knew for certain that there wouldn't be a council member there trying to throw their weight around! After all, each board or commission not only *REPORTS to the council, but also RELIES on council for funding*. So, if the board doesn't do everything the "liaison's" way, how much chance would they have getting anything approved by the full council? Gee...there's that pesky "conflict of interest" again that no one at City Hall is willing to admit ever exists!!!)
	“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012

Mike_Presta Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Council Joined: Apr 20 2008 Location: United States Status: Offline Points: 3483	Post Options Post Reply Quote Mike_Presta Report Post Thanks(0) Quote Reply Posted: Jul 02 2010 at 3:37am
	Okay, now before anyone starts attacking with the usual half-truths and innuendos, please allow me to post something that you can find in any number of Public Service bulletins and pamphlets published by a variety of civic and quasi-governmental organizations throughout Ohio.: The Ohio attorney general has established seven questions to ask when the issue of compatibility is raised. *All seven must be answered, “no.” If one of the questions is answered* *“yes,” the positions are incompatible.* The questions are: 1. Is either of the positions classified employment within the terms of RC 124.57? 2. Do the empowering statutes of either position limit permissible outside employment? 3. Is one office subordinate to, or in any way a check upon, the other? 4. Is it physically impossible for one person to discharge the duties of both positions? 5. Is there a conflict of interest between the two positions? 6. Are there local charter provisions or ordinances which are controlling? 7. Is there a federal, state or local department regulation applicable? If you are a public employee or hold another public office, please check with your county prosecutor, city law director or the Ohio attorney general’s office to determine if a conflict exists. I am positive that these seven qualifying questions have been used by all Ohio Attorneys General for the last twenty-five years with the possible exception of the present Administration’s Attorneys General. (I am not saying that they have *NOT* been used by these AOGs, I am saying that I am not “certain” that they *HAVE* been.) So, unlike my critics usually claim, I am *NOT* “the ONLY ONE who believes these notions.” I am merely one of the LEGIONS that agree with the Ohio Attorneys General of the modern era!!! In Middletown, in the cases of nearly every member of every board or commission appointed by the Middletown City Council, Question #3, “Is one office subordinate to, or in any way a check upon, the other?” must be answered: *“YES!”* This is obvious because every one of these boards and commissions: 1. Reports to City Council; 2. Relies upon City Council for the appropriation of any funds required; 3. Relies upon City Council to award any required contracts or to purchase any required goods, services, equipment, or materials; or 4. Members serve at the pleasure of City Council. Now, one thing is completely obvious! It would be very easy for nearly any city official to “Shut Mike Presta’s big mouth!“ How? Simple, but a common, lowly citizen cannot do it!!! The City Law Director could do it. The City Manager could do it. Our good Mayor Lawrence P. Mulligan, Jr. himself could do it! In fact, any one of the six members of City Council could do it! Even the ones who are NOT practicing attorneys could do it. (And even the ones who have NOT promised NOT to accept appointments to such boards and commissions, but did so anyway, could do it!) All they have to do is sit down and write a short, simple little letter to the Ohio Attorney General asking for an Opinion. (In fact, any of those same public officials could even instead write the letter to the Ohio Ethics Commission for a very similar, but less weighty “opinion”.) Yes, that is all that needs to be done, and soon after (usually within ninety days) the answer would come back, they could copy me, and tell me to shut my big, fat mouth FOREVER!!! And I’ve been suggesting that they do exactly that for over five years now, but they never do. I wonder why that is???
	“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012