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Tonight's Council meeting

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Mike_Presta View Drop Down
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    Posted: May 03 2011 at 7:52pm

BWA HA HA HA!!! LOL LOL LOL LOL LOL

I laughed so hard I nearly soiled my pants when the City Law Director gave his little speech about how he has a duty to advise council when they are about to break a law and to report when they do break the law!!! LOL LOL LOL LOL LOL
What hypocrisy.  Who does he think he is fooling???
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: May 03 2011 at 8:05pm
Hey counselor!!!
 
Here are a couple of laws for you!!!
 

From the City of Middletown’s Codified Ordinances:

Ҥ 220.09 SALE OF CITY-OWNED PROPERTY.

(a) The following procedure is hereby established for the sale of City-owned real property:

(3) Any City-owned real property which is estimated to be worth five thousand dollars ($5,000.00) or more shall be sold in accordance with the procedure set forth in this division (a)(3).

A. If the City determines that real property should be sold, the City Manager, or his or her designee, shall cause the real property to be appraised. If the appraised value of the real property is less than five thousand dollars ($5,000.00), the real property may be sold in accordance with division (a)(2) of this section. If the appraised value of the real property equals or exceeds five thousand dollars ($5,000.00), the City Manager, or his or her designee, shall cause the sale of the property to be advertised one time in a newspaper of general circulation in the City. The real property shall be sold in an “as is” condition unless otherwise indicated by the advertisement. The City shall receive bids on the real property for a minimum of 15 calendar days from the date of the advertisement.”

From the Ohio Revised Code:

Chapter 721: SALE OR LEASE OF PROPERTY

721.03 Lease or sale of real estate - advertisement for bids.

No contract, except as provided in section 721.28 of the Revised Code, for the sale or lease of real estate belonging to a municipal corporation shall be made unless authorized by an ordinance, approved by a two-thirds vote of the members of the legislative authority of such municipal corporation, and by the board or officer having supervision or management of such real estate. When the contract is so authorized, it shall be made in writing by such board or officer, and, except as provided in section 721.27 of the Revised Code, only with the highest bidder, after advertisement once a week for five consecutive weeks in a newspaper of general circulation within the municipal corporation. Such board or officer may reject any bids and readvertise until all such real estate is sold or leased.

Gee, counselor, do you or either of the two other attornies in the room recall these laws being followed in say, oh, the case of the sale of THE JOHN ROSS BUILDING to Mr. VERDIN, for example????
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: May 03 2011 at 8:09pm
Hey Counselor, now that you seem to have gotten religon about following state law, perhaps you should have another look at the HISTORIC COMMISSION ordinance and the workings of the Historic Commission OUTSIDE of defined Historic Districts!!! 
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: May 03 2011 at 8:14pm
Hey counselor!!!  Now that you seem to be taking your role of an "officer of the court" seriously, would you like to revisit the memo found in the City Manager's office regarding ELECTIONEERING by MMF???
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: May 03 2011 at 8:20pm
Hey Counselor!!!  Regarding the recently sold city-owned properties on Elmo Place, Gage Drive, and 14th Street:

Were these properties advertised for bids in accordance with City ordinances and State law prior to accepting the highest bid???

Remember, Counselor, you have a duty as an officer of the court to report violations of law!!!

“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: May 04 2011 at 4:50am
Oh yes!!!  Also for the THREE "officers of the court" at last night's city council meeting:
 
I noticed that that a motion was passed to go to "executive session" in order to consider the:
  1. appointment
  2. employment
  3. dismissal
  4. discipline
  5. promotion
  6. demotion
  7. compensation
of a public employee or official.
 
ORC 121.22 has been interpreted to require the stating of exactly which of these items will be discussed, and not to simply provide a "laundry list" from which to choose.
 
Mr. Landen, I realize it will be a sad day, but exactly how soon will you be reporting this breech of law by your two fellow members of the bar (and YOURSELF, of course, for not warning council against this)???
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: May 04 2011 at 5:17am
For the benefit of the officers of the court:
 
Last night's executive session (as are most of this council's executive sessions) was held:
"Under the authority of ORC 121.22(G) (1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official."
 
 
From ORC 121.22 (G)(1):

“…If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held. …”

“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: May 04 2011 at 5:34am
Hmm... 
  1. appointment
  2. employment
  3. dismissal
  4. discipline
  5. promotion
  6. demotion
  7. compensation

Why would council want to discuss "appointing" or "employing" someone if they are already considering "disciplining" and "dismissing" that same person???  Likewise, why consider "promoting" someone that you are considering "disciplining", "demoting" or "dismissing"???  And why is "compensation" an issue if you are going to fire the bum???

Then again, who am I to expect the City Law Director's intepretation of the law to make sense??? Confused
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: May 04 2011 at 5:59am
Kudos to Ms. Scott-Jones for calling out Mr. Landen, Esq., on his past (but erroneous) pattern of claiming that "Home Rule trumps state law"!!! Thumbs%20Up Thumbs%20Up 
 
Also, kudos to Mr. Laubach for standing his ground on the financial aspect of his votes on the labor contracts, and making it clear that it was about finances and not about "worth", safety, or any of the other social issues that Mr. Smith tried to introduce into the mix.  This is a tough issue, and a tough call...and a "yes" vote could have been justified for the reasons that some of the others mentioned (the uncertainty, and possibly worse financial impact of resulting in binding arbitration, etc.)  However, no one is advocating depriving either police or fire of safety equipment, etc., and Mr. Smith should not have introduced such items,--or "class size" (note to AJ:  the teachers' contract is under the jurisdiction of the School Board, not the City Council)--into the mix.
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: May 04 2011 at 6:40am
MIDDLETOWN — A debate regarding the costs of improving Lefferson Road led some City Council members to debate whether to break state law

Vice Mayor Bill Becker pointed out the city had been “breaking the law” since the 1980s, adding he felt the state requirement was “unreasonable.”

WHAT? BREAKING THE LAW SINCE THE 80'S?


Councilmen Tom Allen and Dan Picard, both attorneys, were visibly uncomfortable by the discussion. Landen said it would be against their oath and his oath as an attorney to not follow what is state law.

LESLIE SAYS IT WOULD BE AGAINST THEIR OATH AND HIS OATH AS AN ATTORNEY TO NOT FOLLOW WHAT IS STATE LAW-

YOU GOTTA BE KIDDING ME LES BABES!!!!!! YOU ARE THE BIGGEST PERPETRATOR OF BREAKING THE LAWS, ESPECIALLY IN INTERPRETING THOSE LAWS AS IT APPLIES TO THE CITY. WHAT A

“I am simply advising you there is an obligation to follow the law,” he said.

THAT DOESN'T SOUND LIKE THE LES WE HAVE COME TO KNOW, DOES IT?

Health Commissioner Jackie Phillips, whose department brought the law to the city’s attention and whose job it is to enforce it, said she would “absolutely not” turn her head from the law.

HOW NOBLE OF YOU TO SAY THAT, MS. PHILLIPS.

In the end, City Council voted unanimously to approve an estimated $6,000 assessment to homeowners to repair the road, install and connect homes to the new sewer line and add concrete curbs, gutters, and driveway aprons to the 42 properties on Lefferson Road.

The city agreed to remove sidewalks from the project and waive a sewer line connection fee, saving homeowners about $5,500 total.

Public Works Director Dave Duritsch said residents have the option of having the work assessed to their property taxes over the next 20 years, equating to about $35 a month.

THAT'S WORKING WITH THE CITIZENS AND LISTENING TO WHAT THEY DESIRE CITY COUNCIL....NICE COOPERATION.

JUST FORCE IT ON THEM IN TOUGH ECONOMIC TIMES WITH NO REGARD FOR THEIR ABILITY TO PAY. NO MATTER THAT IT CREATES A FINANCIAL HARDSHIP FOR THEM.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Richard Saunders Quote  Post ReplyReply Direct Link To This Post Posted: May 04 2011 at 8:35am
"As an officer of the court, I report all violations of the law." -- Leslie Landen
 
"Beware of quotes found on the internet.  Many are not genuine." -- Benjamin Franklin
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Post Options Post Options   Thanks (0) Thanks(0)   Quote TonyB Quote  Post ReplyReply Direct Link To This Post Posted: May 04 2011 at 1:13pm
Isn't there something in the oath that you swear to become a city councilperson about "obeying the law"? Is there a statute of limitations for city councilmembers for violations of the law? Indeed, doesn't the admission of violation of the law constitute a "resignation" from council for said violation? Does that mean that the current council is in violation of the laws of the city and in contempt of the laws of this city and the state of Ohio? Someone needs to contact the state AG about this. I'll state my usual mantra; wrong is wrong!!! If you knowingly violated the law, you are guilty of malfeisance and not eligible to hold the public trust and the office you occupy!!! I believe that resignations and an immediate special election is in order!!!
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