Cincinnati Councilman Chris Bortz Harassed By Mental Midgets: Ethics Panel Should Toss Complaint In Shredder

Lawyer Ties Bortz To Tracks

CINCINNATI (TDB) -- Somebody should nickname the ethics complaint filed by lawyer Tim Mara a "streetcar named esquire." Because that's what it really is, a rail job by someone licensed to practice law.  Mara wants the Ohio Ethics Commission to remove a Cincinnati City Council member, a move akin to impeachment.  Chris Bortz's sin -- he has performed his public duties.  And it is all about street cars, and misguided allegations that Chris Bortz somehow is secretly taking a range of actions to build a $128 million streetcar project in Cincinnati.  Somehow the secret moves will enrich his relatives.  Bortz has recused himself from all decisions about the streetcars to avoid even the appearance of a conflict.  He has not facilitated a discussion, nor has he voted to build the system.  There is no evidence, not a scintilla, that he has the power or juice -- or to borrow a Chicago term "clout" -- to sway closed-door decisions about how the streetcar project proceeds.  Mara's attack seems designed only to debase an elected official, a mean-spirited swipe akin to the SLAP suits that corporations are notorious for filing against their critics.  Mara may not be abusing process, but the smell is there.

Members of the Bortz family are real estate developers with interests and holdings throughout SW Ohio.  A handful of the properties are near the proposed streetcar line that would run from downtown, through Over-the-Rhine to near the University of Cincinnati campus.  There are many people who believe the $128 million project -- funded by city bonds and federal transit grants -- will be an economic disaster.  Proponents believe it will stimulate commercial development in a largely depressed area.  Truth is, nobody knows for sure what will happen if the streetcars actually start to run.

And that is why the Ohio Ethics Commission should toss Mara's complaint into the nearest shredder.  If they do not have one, The Daily Bellwether will make a donation.  One wonders what is the motivation behind the complaint.  Anti-Semitism perhaps?  The Bortz's are Jewish.  They have a long record of public service in Cincinnati.  They are model citizens, role model citizens.  Nobody knows if the streetcar project will open up the door to commercial prosperity, or if it will be a catastrophe.  Logic is clear -- Bortz cannot be promoting his private financial interests even if he were taking official actions to back a project that might suck millions out of the city budget.  There is no commercial advantage to running an unused, heavily subsidized streetcar through neighborhoods that won't have cops or firemen or building inspectors to enforce the codes.  Mara seems to be on the side that believes the streetcars are doomed to failure, and he said in his formal ethics complaint (filed Oct. 25):

"I believe Mr. Bortz . . . not only has displayed an utter disregard for Ohio ethics laws . . . but a general disdain for the public he is supposed to serve."

Wrong, Mr. Mara.  You contend Bortz is supposed to adopt a policy of complete aloofness.  I say there is no sense of menace, no demonstrated self-dealing that rubs uncomfortably against the public interest.  His family does not have a commercial monopoly over the streetcars, nor does it have a commerical monopoly over real estate along the proposed streetcar route.  And there is absolutely no evidence that the streetcars will become a well-worn path of travel leading to the Bortz family holdings.  Mara's complaint is largely based on a pretension.  For Bortz to knowingly profit from his City Council office, he would have to know the future -- that the streetcar line would make nearly all garrets on the route rented, every chair in every restaurant packed, every garden party tour booked, every property coveted by hungry investors.

Ethics laws in Ohio were designed to eliminate conflicts of interest.  A city councilman, for example, should not vote to purchase goods or services from a company he owns, or has a stake in.  But they were never intended to stop elected officials from promoting the public good in a broader manner.  For example, a council member would be allowed to vote for schools even if he were a teacher, or if his family had someone on the school system payroll.  He could not vote to buy a school from himself or his family -- a bright line conflict.  That is not the case with Cincinnati's street cars.  There is only a chance that streetcars will benefit the city.  If they succeed, there is a chance that some of that benefit could spill over to the Bortz family interests.  But chance is not a guaranteed pay off.

Let's take another angle.  What if there were a fire station at stake?  Would Bortz be wrong to vote to add fire protection in a neighborhood where his family has real estate?  And what if there were a medical disaster -- an outbreak of cholera near the Bortz family holdings?  Would Bortz violate the ethics laws to vote to send medical aid into disease-stricken neighborhoods where the family's commercial interests were located?  Of course not.  With fire halls and inoculations, the public good would outweigh any private interest.

Former Cincinnati Mayor Charlie Luken: Registers As City Hall Lobbyist

CINCINNATI (TDB) -- The Democratic mayor left office in 2005. He's been a politician, a lawyer, the TV anchorman on Channel 5 who replaced Jerry Springer, and now a lobbyist. There's a quip going around -- often attributed to Luken -- that if he ever sold used cars he'd have worked in all of the bottom five. Luken filed his registration forms in the council clerk's office. He's representing Humana Inc., the health benefits firm based in Louisville, and KeyCorp, the big regional bank from Cleveland.

Last year, he became a Statehouse lobbyist whose portfolio in Columbus includes Case Western Reserve University, the Distilled Spirits Council, AT&T and the Alliance of Auto Manufacturers. In Cincinnati, Humana is the biggie. The company has thousands of employees and a huge slice of the health insurance benefits business in the Cincinnati area, including government-sponsored plans. Luken had two stints as mayor. They were interrupted by a term representing Ohio's 1st Congressional District, a House seat he gave up to become a local news TV anchor. He is in the record books for serving as mayor longer than any person in Cincinnati's history.

Cincinnati Cops Ripped In Citizen's Letter: Uncensored At City Hall

CINCINNATI (TDB) -- A citizen and small business owner writes to describe his frustration with criminals and the criminal justice system. He's been robbed and wounded and complains the authorities appear listless in their pursuit of crooks. Cincinnati City Councilman Cecil Thomas, a former police officer, has posted the letter on City Hall's e-gov web portal, which is a newly opened window that offers a degree of unprecedented transparency into governmental activities.

"As you know I was shot twice in 2006. You may not be aware it was the same juvenile on both occasions. In July it was only a flesh wound, but in Nov it was nearly fatal. I credit the quick action of the police and fire department for getting me to the hospital on time. I was bleeding internally and ended up losing a gallon of blood. The only time I saw the detectives was when I woke up after five hours of emergency surgery. I have no idea what I told them."

Robert Mlinar's letter is raw, uncensored and boiling. Clark Street Blog spotted the letter first and noted:

"The letter relates one family's experiences with crime and paints a picture of the CPD as grossly incompetent and uninterested. Truly unbelievable. Two bets I would not make: local media will investigate and report this; and the city manager and mayor will will follow up and demand accountability."

One quibble with WestEnder, Clark Street's author. The fact that City Hall's portal exists -- and the letter is available for all the world to see -- is itself a powerful new tool for raising issues of accountability in a public forum.

Former Dem Mayor Of Cincy: She's Signing On With 3rd Party To Run For Council

CINCINNATI (TDB) -- Former Cincinnati Mayor Roxanne Qualls is in line to take an appointment for a City Council seat held by a local third party movement, the Charter Committee, and is going to run for election this fall under its banner. Qualls has been a Democrat and served from 1993 until 1999 as mayor. She was the Democratic Party's nominee for Ohio's 1st Congressional District in the 1990s, but lost to Republican U.S. Rep. Steve Chabot in a close race.

[UPDATE -- The Cincinnati Enquirer has more information posted about Qualls' political reentry.]

Information about the Charter Committee is here. It was formed in the 1920s during the days of corrupt political bosses and operates solely within the City of Cincinnati, where its primary legacy has been dedication to the city manager form of government.

Qualls has been heading a university-affiliated think tank in Northern Kentucky since 2005. She was a City Hall aide in the 1980s, then moved on to direct Cincinnati Citizen Action and its Toxic Action Project. Her return to City Hall as a member of the Charter Committee is a significant jolt to the city's political landscape.

She is replacing Charter's Vice Mayor Jim Tarbell, who is resigning before the end of his term and will leave office on Sept. 3. Tarbell has been elected four times, but cannot seek reelection this year because Cincinnati has term limits.

Getting The Fat Out Of Local Government In Cincinnati

CINCINNATI (TDB) -- Pork and politics go together like meat and potatoes. Politicans are always hamming it up about keeping things lean. They soak their speeches with examples of government gravy. Now Cincinnati Post columnist Joe Wessels has a delightful morsel about the latest in FLAB BUSTING efforts , and it is not what you think.