Asian Indian University of Cincinnati Prof With 29 Patents Feuds With School: Says Reputation, Research Efforts 'Sabotaged'

Prof. Dharma Agrawal

CINCINNATI (TDB) -- Computer science professor Dharma Agrawal was recruited from North Carolina in the late 1990s and was given tenure and the title Ohio Board of Regents distinguished professor. He was considered a world class researcher. Agrawal -- a naturalized U.S. citizen who emigrated from India in 1976 -- now is claiming his research funds have been taken away because he's not American born.  His lawsuit claims violations of academic freedom, due processs and discrimination against him because of race and skin color. The lawsuit was originally filed in Hamilton County Common Pleas Court last month, but has been moved to U.S. District Court in Cincinnati. University of Cincinnati lawyers said the suit raises federal civil rights issues. The move to federal court suggest the school plans a vigorous defense.

Agrawal contends that Carlo Montemagno, dean of the college of engineering and applied science, and John g. Bryan, interim vice provost for academic personnel, have harassed him and disrupted his research efforts since 2006. He said the school has wrongly accused him of exploiting students and leveled unproven accusations that he forced foreign students with F-1 visas to work on proposals for his private company. For a time, he said he was suspended and banned from appearing at the college. Agrawal's lawsuit said he was the victim of a sham investigation:

"Dean Montemamgno claimed to have conducted an investigation that substantiated the allegations; but in fact no report of such investigation has been found and apparently none was actually conducted and the Dean had no legitimate reason to have brought such allegations and proposed discipline. Rather, Dean Montemagno had deliberately brought the charges to destroy the reputation of the plaintiff, and to induce him to leave the University." 

Agrawal is an expert in the field of wireless systems. He claims there is a campaign under way to disrupt his research. Agrawal originally was brought to Ohio -- along with several others recruited to the state's 13 campuses -- in a bid to stimulate the state's economy by boosting research efforts across the state university system. Regents professors were funded by the state because they had earned national recognition for their work and excelled as scholars. But Agrawal said it went off the tracks at the University of Cincinnati:

" . . . Plaintiff was intentionally discriminated against by defendants because of his non-white race and color and because of his Indian national origin and Indian ancestry. Had Professor Agrawal been treated equally with white professors or American-born professors at the University of Cincinnati, there would have been no attempt to discipline him as was attempted, nor would his graduate faculty rights have been suspended."

Agrawal wants $500,000 in punitive damages, attorney fees, an injunction and reinstatement of nearly $400,000 in Ohio Board of Regents research funds that were stripped from his control.

Hamilton County Commissioner Todd Portune: 'Matters Very Much Amiss With Forfeited Bonds'

CINCINNATI (TDB) --  An e-mail from Todd Portune says the clerk's office appears to have stalled collections and and mishandled procedures for collecting millions of dollars in forfeited bail bonds.  Portune wants Sheriff Simon Leis's office to take an active role in efforts to find out what has gone wrong.  Portune said the bail bond scandal involves "potential violations of regulation, policy or law . . ." and had been the subject of a review by county officials in 2009.  The Daily Bellwether has a copy of the e-mail, which was sent to Republican Clerk of Courts Patricia M. Clancy, whose office is responsible for collecting and issuing bail bonds:

"Dear Patty:

Last September 2009 Kathy Binns and I met with you and John Williams to discuss several irregularities in connection with bail bondsmen and uncollected forfeited bonds in Hamilton County .  You recall we shared with you the results of an investigation we had conducted with the help of others.  In light of severe county budget concerns and also potential violations of regulation, policy or law, we wanted to make certain the matter was addressed.

You and John Williams assured us that the matter was being addressed and that your office was on top of the matter along with the Prosecutor’s office.  It has come to my attention that matters may still be very much amiss with forfeited bonds not collected along with certain other practices that are either wrong or unlawful being conducted.

I am writing to you for the purpose of asking that we meet to discuss these matters and the efforts to put an end to the practices; to pursue those who may be engaged in wrongful practices; and to collect all moneys due Hamilton County. In particular I would like to know what the prospects are of collecting on amounts due in time to utilize sums in connection with Hamilton County ’s 2011 budget or to disburse to such other parties or political jurisdictions that are entitled to receive a percentage share of the same.

Unlike our previous meeting I believe it will be important to also have the assistance of proper representatives from the Sheriff and Prosecutor’s office to discuss the status as well as the county’s options in this matter.

Thank you for your assistance in connection with this important issue.

Sincerely yours, "

Todd Portune

President of the Board

Hamilton County Commissioners

Norwood Pension Flap Class-Action Settlement In Works: City And Retirees Ask Judge For 'Fairness Hearing'

CINCINNATI (TDB) -- The argument was over complaints that Norwood illegally shifted  increased costs for health care insurance to its pensioners.  Former police and fire department workers said they took lower pay in the 1970s in exchange for promises of medical benefits after they retired.  When the costs rose, Norwood broke its promise.  Judge Charles Kubicki has not set a date for the fairness hearing in Hamilton County Common Pleas Court, but the joint request filed last week signals that the conclusion of the lawsuit is near.  The case -- which involved about 150 city workers -- is important, although it has not attracted a great deal of attention.  The Norwood case shows that attempts by state and Cincinnati officials -- who are battling an explosion in pension expenses for public employees -- to chop retirement benefits for government workers will likely wind up in court.

The Norwood lawsuit is Case No. A 098881 and was filed by retirees who started working for that city before 1975.  The city promised health care benefits as part of the pension package.  The retirees said said they gave up pay raises and cost of living adjustments in exchange for the health care benefits.  The retirees claim that in 2005 Norwood forced them to begin paying a portion of their health care insurance premiums:

"Sometime in 2005, the city, without any notice or process being provided to the retirees, implemented a policy that certain police and fire retirees that were non-Medicare eligible would not be reimbursed for all health care premiums.  Indeed, the evidence [to be presented at trial] will reveal that the City reimbursed these premiums since at least 1990 as part of its contractual obligations that were made when induced the retirees to continue to work for at as well as certain language contained in police and fire labor contracts.  Many retirees were made aware of this newly adopted policy not by the City, but by the third party administrator that handles their claims and paperwork."

Norwood said it agreed to pay up to $2,250 a year for co-pays, deductibles and medical expenses not covered by the pension insurance, which came from the Ohio Police and Firefighters Fund.  Norwood contended:  "Any medical expense not covered by the applicable insurance policy or in excess of the ($2,250 a year) would be paid for  by the retirees. . . The plain language of the plan limits benefits to $2,250 'per plan year for each plan participant.'  The language could not be any more clear or unambiguous."

Kubicki was scheduled to try the class-action Oct. 7 without a jury.  The trial was canceled.  The case was originally filed in U.S. District Court where Judge Michael Barrett spent three days holding unsuccessfully settlement talks.  It was moved to Common Pleas Court last year, were the parties tried to mediate a deal.  They have explored a possible settlement, and the Oct. 12 request for a fairness hearing indicates they reached an agreement.  A fairness hearing is unique to class-action litigation -- it requires the judge to determine that the settlement is fair, adequate, reasonable and not based on collusion between the lawyers.  The judge is supposed to act as the protector of the class, and once the settlement is presented, the judge make his evaluation.

Prominent Cincinnati Area Investors Say Giant Columbus Real Estate Firm Owes Millions: Interest On Debt Said To Grow By $1,110 Each Day

By Harry Callahan
Special to The Daily Bellwether
CINCINNATI (TDB) -- Two of the Cincinnati area's savviest businessmen -- Jim Huff and Ralph Drees -- claim they are out more than a combined $3.4 million after placing their trust in a Columbus real estate firm in which they were minority shareholders. Huff and Drees are big names in Northern Kentucky. Details have emerged from James H. Huff et al v. Real Living Inc., filed last September in Hamilton County's Court of Common Pleas. Huff, in 2005, pulled out of a merger with Real Living less than four years into their corporate marriage. Real Living paid $4 million in cash to Huff and his band of lesser shareholders, including Drees. Another $4.5 million was to have been paid in January 2007. That never happened, the suit says.

According to one court document, Huff was personally owed $2.7 million, while Drees was due $671,032, Susan Huff Schilling and James Schilling a combined $509,882, and Rodney Huff $234,000, among others. With an interest clock ticking at the rate of $1,110 per day, the debt had grown to $5.8 million as of Feb. 12. Huff has asked Judge Steve Martin to order payment, even though he stated in court papers that Real Living claims it "cannot afford to make the payment." Real Living announced in November that it was merging with GMAC Real Estate of Oakbrook, Ill., to become an operation with "more than $20 billion in annual home sales." Real Living called itself "one of the nation's premier real estate companies and brands." Lawyers in the dustup include Mark Vander Laan, Bryan Pacheco and Mark Arnzen Jr. of Dinsmore & Shohl for Huff, and W. Kelly Johnson and Kyle Shaw of Porter Wright Morris & Arthur for Real Living.

Hamilton County Urged To Hire Licensed Sexuality Educator: She Would Commute To Cincinnati And Teach Teens Mostly About Money

CINCINNATI (TDB) -- The mileage reimbursement rate is pegged at 50 cents a mile. Part of the duties would be to show kids how to go to a bank or credit union. The proposed contract with the sex expert -- whose primary scope of service would be to train teenagers about "money management" and "budgeting" -- was prepared by the county's department of jobs and family services. She would commute to Cincinnati from Clarksville, a small town in Clinton County. Up to 15 teenagers in foster care programs would be paid $4,050 in stipends to attend 96 hours of training sessions. The contract says 64 hours would be devoted to handling money; 32 hours would be for identifying sexually transmitted infections and understanding the concept and practice of healthy relationships.

On the money management and budgeting side, the contract says the teens would learn various topics including "identifying personal values about money, clarifying concepts such as cost of living, spending and saving . . . selecting and managing checking and savings accounts." Each kid would be given $10 per class, bumped up to $30 for the final session.

As for the qualifications of the instructor, this is what the proposed contract says (names omitted):

". . . is a 17 years veteran professional Sexuality Educator. She is a Certified Sexuality Educator from the American Association of Sexuality Educators, Counselors and Therapists and obtained a Masters in Social Agency Counseling from the University of Dayton. (name deleted) has designed and delivered programs and professional training related to all areas of family life eduction to diverse audiences in Southern Ohio and nationally. Specifically, she is nationally recognized as an expert with regards to educating adolescents/young adults with exceptional abilities/disabilities. (name deleted) and her staff have provided services to the young adults involved with the Hamilton County Independent Living Program since 1997."

60 Seeking 15 Seats On County Gov't Reform Panel: Anderson Trustee Russ Jackson Among Applicants

CINCINNATI (TDB) -- Kroger Co's. director of government relations -- who once was former Cincinnati Mayor Charlie Luken's top aide -- is also angling for a task force spot. The Daily Bellwether has the names of all 60 applicants (see below). The plan by Hamilton County's commissioners is to name 15 to the reform task force early next week. The panel is supposed to roll out a newly designed government in time for the November election. The goal is to produce something akin to Cuyahoga County's new county exec-led government, or perhaps seek to end local balkanization with a form of metro government. The 60 hopefuls include Russ Jackson, a well-known Republican from the suburbs; former County Administrator Dave Krings, who is now a consultant; Brendon Cull, director of government relations and regulatory affairs at the Kroger Co., and Roger Banzaf, retired after a 40 years career in sales and marketing. Banzaf lives in Cincinnati and calls himself an "average Joe." The deadline for applying is closed. Here's the complete list of names and what they do for a living:

Scott W. Brinker, Glendale, Henkle-Schueler & Assoc.; David Krings, non-profit and government consulting; Dave Mayer, Cincinnati, environmental engineer; Mark Rosenberger, Cleves, Barger Becker, land surveyor; Craig Hilsinger, Cincinnati, real estate developer and builder; Barry J. Burke, Cincinnati, FOPPE Technical Group, civil engineer; Earl Patrick, Cincinnati, retired from Ohio Casualty Group, member of the board Price Hill Historical Society.

Henry Browning, Cincinnati, retired executive Gannet Co. Inc., 30 years with Enquirer, none in editorial positions; Glen Arthur Ratz, Cincinnati, homebuilder, part-time fitness trainer Urban Active; Norman Falick, Cincinnati, self-employed investor; Helen Berkman Habbert, Cincinnati, consultant QRC Associates, Penny Manes, Amberley Village, attorney; Carolyn Lindsley, paralegal, Cohen Todd Kite & Stanford LLC.

Roger Banzaf, Cincinnati, retired sales and marketing; Timothy G. Mara, Cincinnati, attorney and urban planner; Michael J. Mobley, North Bend, field representative Nielsen Co.; Gavin Leonard, Cincinnati, non-profit director of Center for Progress Leadership; Connie M. Hinnitz, administrator, Jewish Foundation of Cincinnati; Scott Gehring, Cincinnati, vice president Cincinnati Volunteers of America Ohio River Valley.

Kevin R. Flynn, Cincinnati, attorney, Griffin, Fletcher & Herndon LLP; Donald Shreve, retired sales use tax audit manager, State of Ohio Department of Taxation; Kathleen M. Schmidt, Cincinnati, executive assistant, Cincinnati Bar Association;

Peter V. Hoyt, Cincinnati, retired architect; Ralph G. Ressneker, Cincinnati, retired, former director Cincinnati Regional Computer Center; Larry Taylor, Cincinnati, retired, Unisys 38 years; Robert E. Wiggins, Cincinnati, retired software development engineer.

Sam Knobler, Cincinnati, real estate developer, owns company Midlife Development Group Inc.; Stephen H. Wessels, Cincinnati, lead electrician Hamilton County's facilities department; Nikki C. Johnson, Woodlawn, small business owner, A+Care Janitorial Service; Russell L. Jackson, Anderson Township Trustee; Thomas J. White, Cincinnati, management analyst Center for Local Government; Willard D. Fletcher, Cincinnati, retired law enforcement, Hamilton County prosecutor and Cincinnati police; Rosemarie L. Sturgill, Cincinnati, retired Cognis Corp. 29 ears; Margaret Cook, Cincinnati, parts specialist Intelligrated; Robert J. Joesting, electrician, Bob's Electric Service; David Collins, Cincinnati, architect, The Preview Group Inc.

Tim I. Long, Cincinnati, union glazier, IUPAT DC 12, "average joe; Robert Willis, Cincinnati, retired business administrator, University of Cincinnati; Michael Tranter, Reading, attorney; Wyndell Ellis, Cincinnati, mail handler, U.S. Postal Service; Arnold C. Shoop, retired, P&G marketing and sales 30 years; Russ W. Stewart, Cincinnati, registered investment advisor, Nottinghill Investment Advisers Inc.; John R. Mayo, Loveland, IT project manager, G.E. Aviation; Marilyn DeCourcy, self-employed, retired 2002 Hamilton County Juvenile Court.

Elizabeth M. Robinson, Cincinnati, benefits manager, Pension Corporation of America; Cathy K. Doyle, hospital and health services administration; William C. Frankenstein, Cincinnati, retired, sold computers; Thomas R. Chambers, Cincinnati, product coordinator, The Health Alliance; Jeffrey G. Mayer, Cincinnati, business development and marketing, New Horizons Credit Union.

David A. Singleton, Cincinnati, attorney, executive director Ohio Justice Policy Center; James T. O'Reilly, Wyoming, law professor, University of Cincinnati; Timothy E. Oppelt, retired civil engineer; Gary V. Trick, Cincinnati, social studies teacher, Fairfield School District; Franklin O. Gerson, Cincinnati, retired, founder Free Store; Stephen M. Taylor, Cincinnati, manager U.S. Bank.

Ron L. Pitman, Springdale, real estate broker, Ron Pitman Realtors; Brendon Cull, Cincinnati, director government relations and regulatory affairs, The Kroger Co.; Patrick B. Morgan, Harrison, City of Montgomery firefighter and paramedic; Matthew C. Christopher, Cincinnati, assistant fire chief Mariemont Fire Department; William J. Ennis, Blue Ash, retired lawyer, retired city law director Harrison Township administrator.

Two Pro Sports Stadiums For Sale In Cincinnati: If There's A Buyer, County Will Sell

CINCINNATI (TDB) -- A move to temporarily raise Hamilton County's sales tax died at today's commissioners' meeting. Officials then acknowledged they were open to selling Paul Brown Stadium, where the Bengals play, and Great American Ball Park, home of Cincinnati Reds. The county is facing a $27 million dollar deficit next year in the fund that is dedicated to paying off stadium construction costs. The deficit is estimated at $93 million by 2014. Hamilton County Commissioner Todd Portune, who proposed the sales tax hike, told The Daily Bellwether both sites on the Ohio River could be sold. The problem is finding a buyer.

"We'd consider it. We don't have a sign up. The problem is the same one we have. Anybody that looks at this steps into a sea of red ink," Portune said. He said outside investment groups were welcome to talk about a deal. He said they could come from China, Saudi Arabia or anywhere if they are interested in trying to make a deal. "If they bought them, they would basically inherit the same problems we have."

Portune said the slow economy and stadium funding issues are draining the county and deepening a serious financial crisis. He said Hamilton County has already cut 1,500 employees and $62 million in spending. "It is bad. The problems are real. The crisis is present," he said during a public hearing on the proposed sales tax hike. After the hearing, he said the county approached the Bengals and offered Paul Brown Stadium to the NFL team. The county's lease terms -- negotiated in the 1990s -- are so favorable to the pro football franchise that it wouldn't even negotiate. He said the Reds might be approachable, but didn't hold out much hope: "That all sounds good. It makes a nice soundbite. We know the teams aren't going to buy the stadiums. We've gone down that path. It takes a willing buyer."

The county does plan to seek another $7.55 million from the State of Ohio for stadium expenses. It contends Hamilton County was promised $81 million, or 15% of total construction costs for the pro sports facilities on the Ohio River. So far, lawmakers have delivered $73.45 million. A county memo to state officials points out the promise remains unfulfilled: "While we fully understand that the General Assembly that made the $81 million commitment was composed of legislators who are no longer in office, at the same time Hamilton County constructed a financing play on the basis of that commitment with a reasonable expectation that it would be fulfilled. We understand the state has financial problems of its own, and would appreciate any assistance the state may offer at this point."

Hamilton County's Pat DeWine: Put Ten Commandments In Courtrooms

CINCINNATI (TDB) -- The former senator's son -- whose broken marriage became an issue when he ran unsuccessfully for the OH-02 House seat in 2005 -- now finds himself in a contested Republican primary for a Common Pleas Court judgeship. This time, Pat DeWine seems to be making a play for the socially conservative GOP vote. The Daily Bellwether has learned DeWine is listed replying "Yes" on a Citizens for Community Values questionnaire that asks if the Ten Commandments should be displayed in Ohio's courtrooms. Specifically, the question reads:

"Do you believe that a judge has the right to display the Ten Commandments in his or her courtroom?"

A link to the questionnaire is available here. Ohio Supreme Court Justice Evelyn Stratton filled out the form but refused to reveal her views about hanging the Commandments in a courtroom. She wrote: "Decline to answer on this: Issue may come before the Supreme Court."

DeWine, whose father, Mike, lost the Senate seat in November 2006 to Sherrod Brown, is a Hamilton County commissioner. He also may be opening himself up to charges he's a hypocrite. To some, his interest in the Ten Commandments may appear disingenuous considering that he had a reputation for flouting the Sixth Commandment: "Thou Shalt Not Commit Adultery." He was dogged throughout the 2005 congressional campaign about reports he left his pregnant wife for another woman. National Public Radio's political junkie Ken Rudin noted that Pat DeWine's personal life played a role in the loss to Jean Schmidt in the '05 House race:

"But what really doomed him -- and doomed he was, going from clear frontrunner to fourth-place finisher -- was his personal life. Several years ago, he left his wife, who was pregnant with their third child, for Betty Hull, a Republican lobbyist. The marriage ended in divorce, and Hull accompanied DeWine in his bid for Congress."

The North Korea Of Ohio: Hamilton County's Glorious Leaders Fear Democracy

[Note to readers: Upates from other blogs and news sources will be posted as they become available.]

CINCINNATI (TDB) -- At a time when the United States has soldiers dying and risking their lives in Iraq in hope of bringing democracy to the Middle East, when Benazir Bhutto sacrificed all so the people of Pakistan could select a leader at the polls, when Putin and the junta in Myanmar clamp down on political competition, and Kenyans protest what seems to be a rigged election, Ohio sees this:

"In an unprecedented last minute deal, the Republican and Democratic parties have decided not to compete against each other for the two Hamilton County commission seats up for election this year. . . Leaders of both parties said they think that the arrangement -- unprecedented at the level of county commissioner, the top of the food chain in county politics -- will benefit both parties."

Reporters Howard Wilkinson and Sherry Coolidge wrote that for today's Cincinnati Enquirer; it ran on Page 1-A of the print edition this morning and reads like an obituary for the democratic ideals of America's two-party system. (No web is available at the moment). Or, it can be viewed as a paean to a manipulative ruling class of lawyers and CEOs who have the most to gain, the story of a snobbish elite. One Dem who read the story remarked that George Vincent, the GOP chair, and Tim Burke, the Dem chair, should erect a huge statue of themselves in downtown Cincinnati on Fountain Square. It could be like the oversized monuments to strongmen who disdain democracy -- Saddam's effigies and the Stalinist-inspired tributes to Kim Jong-il came to mind.

Right now, the deal between the county party chiefs is being sold as bipartisanship. It is being argued that the times are financially troubled in Hamilton County -- the budget was $30 million short of balance. Apparently, a competitive election would just get in the way of keeping things orderly and cleaning up the mess. Hamilton County Commissioner Todd Portune, a beneficiary of the deal, praised the arrangement when he spoke to the Enquirer:

"What you have is both parties agreeing -- in what is a unique circumstance -- to place an emphasis on working together to solve these problems and not to lose a year where the primary focus of attention is on a hotly contested, partisan race."

But transfer those words to Vice President Dick Cheney's mouth. Imagine Cheney on the White House lawn announcing that the two parties would not contest the 2008 president election. Cheney -- "What you have is both parties agreeing -- in what is a unique circumstance -- to place an emphasis on working together to solve these problems and not to lose a year where the primary focus of attention is on a hotly contested, partisan race."

What seems lost in Hamilton County at the moment is an ideal: Contested elections are about letting people decide their future. Skeptics see that the two political parties advanced their own interests ahead of the public interest in open and competitive elections. They see that the parties consider balloting as nothing more than a monkey-wrench thrown into the machinery. Perhaps this means the era of the Bosses are back; the whole event reeks of Boss Tweed. He used to say, "As long as I count the votes what are you going to do about it? Say."

[UPDATE: 1:51 PM -- The Green Party's Justin Jeffre has a piece about the deal that is now posted Cincinnati Beacon blog. Jeffre says the era of transparent government promised by Cincinnati Democrats in county government was a sham. ". . . it looks as if the new Democratic majority is still too comfortable with inefficient government, back room deals, stifling debate and big money politics as usual. I've said it before and I'll say it again: there isn't a damn bit of difference between the corporate Democrats and the corporate Republicans. We get bipartisan wars, jails and other corporate profit making schemes."]

[UPDATE 2: 2:06 pm -- Jeff Coryell at Ohio Daily Blog is based in Cleveland, but he wonderes if democracy is evaporating in Hamilton County. " . . . frankly it strikes me as a dangerous abuse of power. The point of democratic government is for voters to have the opportunity to decide who represents them, and such incursions into that right should ring alarm bells. It's true that individuals can step outside the party system and run as independents, but as a practical matter political parties have a lot of clout -- in many cases they can effectively stifle electoral challenges." Coryell is a Democrat.]

[UPDATE 3: 2:30 PM -- Taxmanblog writes from the conservative side and warns the Republicans may gain in the short term only. "So for the Hamilton County GOP it's more about power than principle. As our last congressional election proved, when you don't run on principle, the public will take your power. Hamilton County is getting bluer and thanks to the Hamilton County GOP, the surrounding counties will be redder and larger. You guys can keep your ghost town of bums, pimps, drug dealers and welfare moms. I live in Warren County now why should I care?"]

[UPDATE 4: 3:10 pm -- The Whistleblower, which is published by Jim Schifrin and is considered odious itself by more than a few, will be out tomorrow with a cartoon of a skunk and a headline: Something Really Stinks in Hamilton County. Schifrin writes: "But it only confirms what The Blower has been saying for years about politics hereabouts, but unfortunately, the corruption and stupidity is even worse than we could've ever imagined. No self-respecting elected official would've ever agreed to take part is such a travesty. And just like we said, no self-respecting elected official did".]

[UPDATE 5: 3:34 pm -- The Cincinnati Enquirer publishes an editorial that denounces the agreement between the political parties. The newspaper calls it a bad deal for the voting public and adds: "At this point we aren't discussing the merits of the candidates involved, but Portune and Hartman should both be embarrassed to look their constituents in the face. With uncontested races there will no debate and no motivation for coming up with new ideas. Without opposition, these elections will be nothing but appointments."]

[UPDATE 6: 3:49 pm -- The headline on Kevin Osborne's story on the alt/weekly CityBeat's blog says a lot: And they call it democracy.]

[UPDATE 7: 1/6/06; 12:04 pm -- Bizzblog's Tom Blumer is now calling it the "Politicians' Republic of Hamilton County, Ohio." It's a play on the politburo-dominated politics that were conducted in the Soviet Union and the "People's Republics" that were on the map during the Cold War. China, of course, is still a People's Republic, a dictatorship where pressing for democracy can land one in prison or a readjustment camp. Blumer is disgusted by the no-compete deal between Republicans and Democrats in Hamilton County. "This should be cause for significant national embarrassment, if for no other reason than to deter all-too-comfy politicians in other cities from doing the same thing. It's also the best reason I've seen yet for having a 'None of the Above' choice on the ballot. Of course, that would be a choice that 'wouldn't benefit both parties,' so don't expect the Politicians' Republic of Hamilton County to adopt it any time soon."]

(Photo: Courtesy Wikipedia)

Domestic Violence In Cincinnati: Guns Kill Most Victims

CINCINNATI (TDB) -- There were 48 people whose lives were ended by domestic violence in Hamilton County between 1997-2006. The vast majority of the victims were female, 45, and the weapon most frequently used was a gun, although some were strangled, beaten or knifed. University of Cincinnati researchers combed through the crime reports to compile the grim details and look for patterns.

In more than three-fourths of the domestic violence deaths, a couple had separated shortly before the murder, which was cited as the biggest risk factor of all. Fewer than half the deaths involved the slaying of a spouse. Stalking was a sign of danger, as was a prior criminal record, and 27% of the perpetrators were on parole or probation. Sadly, it was not infrequent for children to be present when the violence turned deadly.

Ohio Atty. Gen. Marc Dann: No Public Funds Can Be Used In Tax Campaigns

COLUMBUS (TDB) -- Ohio's Democratic Atty. Gen. Marc Dann has issued an opinion that declares state law clearly bans any expenditure of "public funds to publish, distribute, or otherwise communicate information that supports or opposes the passage of a levy or bond issue . . ." Dann's office released the opinion Oct. 23 in response to a request from the prosecutor in Putnam County, who said the local health district wanted to solicit financial donations from townships in order to promote a campaign aimed at increasing property taxes. Dann said government entities are supposed to be neutral.

Officials are free to express opinions and campaign, but they can't use public money to push their views on voters.

His opinion comes at the same times as a major blow up in Hamilton County, where Republican Sheriff Simon Leis sent letters in the pay envelopes of 1,072 employees urging them to vote for a half-cent sales tax increase on Nov. 6. About $736 million would be raised for a new jail, drug treatment and rehab programs, and police patrols in high crime areas. Opponents of the tax hike said the sheriff had campaigned on the public dime. They sued in state court and lost, but obtained a settlement in federal court Wednesday that requires the sheriff to send anti-tax literature to county workers. The settlement appears to contradict Dann's view of Ohio law, which points out it is equally improper to use public facilities to distribute literature against the levy -- which is what the court settlement calls for.

Dann's opinion relies upon an Ohio statute, R.C. 9.03, that in so many words says the government must adhere to a policy of strict neutrality. The law states that public funds cannot be used on electioneering that "supports or opposes the nomination or election of a candidate for public office, the investigation, prosecution, or recall of a public official, or the passage of a levy or bond issue."

Dann said government agencies can disseminate information, but that it must simply explain the facts, not stray into promotion. An opinion issued by former Republican Attorney General Betty Montgomery explained the distinction.

"The general authority to expend funds and administer public programs, however, does not permit a public body or a public official to expend public funds specifically to attempt to persuade people to voter a particular way on a ballot issue -- that is, to say '"Vote Yes on Issue X.'

The full-text of Dann's 12-page opinion is here. And while it addresses Putnam County alone, it recaps what the rules are in Ohio.

Hamilton County Jail Sales Tax Hike: The F-Bomb Mushrooms As An Issue

CINCINNATI (TDB) -- Jason Gloyd is the spokesman for a Cincinnati citizens group that is campaigning against a $700 million plus tax hike for a new jail and other criminal justice programs. There is word that a high-ranking county law enforcement official called Gloyd a "f---ing idiot" to his face earlier this week after a Cincinnati debate over the proposed sales tax increase, which is on the Nov. 6 ballot. The Republican and Democratic parties, along with many local elected officials, are backing the tax. Opponents include Hamilton County Commissioner Pat DeWine, son of former U.S. Sen. Mike DeWine, and the local NAACP branch.

No witnesses have come forward yet to say they saw or overheard what happened, but Gloyd has been pushing the story about being blasted by the F-bomb, a story fanned by the Whistleblower, an online newsletter . The Whistleblower often scoops the local blogs and newspapers, which haven't yet reported Gloyd's account of a verbal assault. Here's an e-mail Gloyd sent to the county in complaint:

"I am writing to express my displeasure with how you verbally accosted me, out of the blue, last evening at the Price Hill Civil Club. You used absolutely vile language that has no place in a decent society. I don't understand how people can disagree on an important issue without such venom. I care very deeply about the city and county I've lived in most of my life and strong feel this tax cannot be absorbed by the tax payers. We will lost more jobs and more residents, and then we will need bigger jails since it will just be criminals left. I respect and understand the Sheriff's arguments, but this is a seriously flawed plan that this community cannot afford. I don't know if you were attempting to intimidate me, or you just don't like me, but I expected far more from the highest ranking . . . in the county. I would hope that in the future you would either show me decent courtesy as a human being, or just ignore me all together."

Ohio Prosecutor Joe Deters On ABA's Execution Moratorium: Liberal Hogwash

CINCINNATI (TDB) -- Hamilton County Prosecutor Joe Deters -- whose jurisdiction accounts for 37 of the 184 people on Ohio's death row -- tells the hometown Cincinnati Enquirer that the American Bar Association panel was stacked with liberals. Deters is a Republican and supports capital punishment.

From today's Enquirer:

"This commission is a liberal defense attorney dream team. There is not a single active prosecutor on it. It included a former Ohio Supreme Court justice [Craig Wright] who vowed he'd never vote for the death penalty again, and it goes downhill from there.

"You would think it would have at least one prosecutor, somebody . . . Instead, it's packed with a bunch of liberals. There conclusion should come as no surprise. These are people who don't believe in the death penalty. They know Ohioans support it and can't change the law so they try to subvert the law."

Here's a list of the ABA panel members:

1. Craig Wright, former Ohio justice now Ohio Court of Claims judge.

2. U.S. Rep. Stephanie Tubbs Jones, Cleveland Democrat and former Cuyahoga County prosecutor.

3. State Sen. Shirley Smith, Democrat, Cleveland.

4. S. Adele Shank, Columbus attorney in private practice and former general counsel Ohio Public Defender's office.

5. U.S. Magistrate Michael Merz, Dayton.

6. Geoffrey S. Mearns, dean, Cleveland-Marshall College of Law, Cleveland State University.

7. Margery Koosed, University of Akron law professor.

8. Mark Godsey, University of Cincinnati law professor and director of the school's innocence project.

9. Phyllis Crocker, associate dean, Cleveland-Marshall College of Law, Cleveland State University.

10. David Stebbins, Columbus defense lawyer.

Ohio's Hamilton County: Workers May Vanish To Plug $31 Mil Budget Gap

CINCINNATI (TDB) -- Ohio's third-largest county is considering trimming some of its 6,000 employees to close a $30.7 million budget shortfall next year. The hole is caused, in part, because economic growth in the Cincinnati area has not soared as boosters promised when they campaigned to have Hamilton County cover the huge expense of building new stadiums for the Bengals and Reds on the Ohio River. The stadiums aren't the only blame -- but they have played a major role in stressing the budget, as has crime, population loss to the suburbs and the disappearance of manufacturing jobs in a globalized economy.

Now the county may have to buy-out workers, or more likely offer early retirement. The Daily Bellwether obtained this memo that was circulated to employees at the courthouse Friday:

"The Board of County Commissioners is considering implementing an Early Retirement Incentive Plan (ERIP) County Administration and County Personnel have begun preliminary work to determine if such a plan would be viable for the County. The impetus to adopting such a plan is financial.

"The Board would like to know who among the Courts' employees would be interested in participating in an ERIP. According to the Ohio Revised Code, the maximum number of years of service credit that can be purchases under an ERIP is five (5) years. If you are interested in possibly participating in an ERIP, please let me know in writing by September 26, 2007. Your letter of interest in no way obligates you to participate in an ERIP should such a plan be implemented."

A budget estimate from August (pdf) shows the shortfall. County workers also have been notified they can expect a major increase in their health insurance costs in 2008. Hamilton County finds itself stuck. Costs have risen and Ohio's economy hasn't grown fast enough to pick up the slack. Or there are too many costs built into the system and it has to be pared.

Ohio's Tectonic Shift: Reports From 'Liberal' North Sound Like 'Conservative' SW

CINCINNATI (TDB) -- Any minute I expect to pick up a map saying Cleveland and Toledo are on the Ohio River and Cincinnati is built upon the shores of Lake Erie. Because something is plumb topsy-turvy about the state. Its north shore -- the liberal Democratic heartland -- seems aflame with reports of Free Speech oppression.

Tom Suddes, my old colleague from the newspaper business, always contended the "mouthbreathers," his word for the crowd most uncomfortable with people who liked to exercise their constitutional rights, infested downstate Ohio. They were generally Republicans who had gun racks in every pick up truck spotted south of Interstate 80.

Could be he was wrong. Could be that NEO is now SWOhio. Could be the heat. Something is out of sort with Ohio's political map because anti-taxers managed to collect enough signatures in Hamilton County (ground zero of Suddes' mouthbreathers) for a ballot measure aimed at repealing a proposed sales tax hike for a new jail -- and NOBODY was arrested or pushed around by the authorities who imposed the tax. Contrast that to what's happened in the liberal Up North these past few days.

The anti-tax crowd is being hassled when they try to circulate petitions against a sales tax increase in Cuyahoga County. This follows a Kent anti-war protester being ticketed for sticking an "Impeach Bush" sign in a public garden last month. And it fits right alongside Toledo Mayor Carty Finkbeiner's Aug. 12, 2007 order that closed a public park so anti-Nazi protesters from the University of Toledo could not raise cane about the fascists in our midst.

There's more. Gloria Ferris had a difficult time trying to collect names on anti-tax petitions near Jacobs Field, where a cop and security guard tried to keep her at bay. Gloria said:

"We weren't there ten minutes when we were told that we would have to move along by a security guard. I asked where we could stand, and he said I will get my supervisor if yo want. I said no don't bother I will ask that Cleveland Policeman over there. The security guard very politely kept insisting I should speak to the head of security at Jacobs Field. Probably because the police officer said he didn't know what was public or private.

"By that time, someone else in our group had talked to the head security guy who told him that three feed from the street was public . . . Of course, the cop told us that the three foot stretch would be too dangerous for people so our best bet would to be on the other side of the street. These locations were simply feeds into the main area and were not efficient for gaining large amounts of signatures."

And this is what the Toledo Blade reported today about the decision to close the park to the University of Toledo students who wanted to express concern about the Iraq War and supporters of Hitlerism. Sadly, they were prohibited.

By comparison, the land of the mouthbreathers has been pretty tame. People can complain about taxes, abortion (Cincinnati-based judges have been dismissing cases against abortion protesters) and, one supposes, even Nazis. Nobody in power seems to get their nose out of joint. Of course, they don't breath through their nostrils.

Cincinnati Flap: Official 'Retires' For Pension, Then Rehired In Same Job

CINCINNTI (TDB) -- When public officials in Ohio retire, then show up in their old job without skipping a beat, there is not even a revolving door involved. Nobody even has to leave the building. They can start "double-dipping" -- the nickname for picking up a government paycheck and pension check at the same time while in the same job.

There is a reform effort afoot, with an Ohio House bill stating that a government worker who "returns to employment in the same position or a position that is substantially equivalent with the public employer" loses the pension.

Now, word is seeping out of the County Administration Building that Hamilton County Common Pleas Judge Norbert Nadel is in high dudgeon over a "double dip" approved last month. County commission sources have disclosed he has sent letters protesting that the head of a local correctional center -- which is operated by the county -- has been allowed to collect a pension and salary while still in his old post as the center's executive director.

"This is to inform you that on July 23, a majority of the Facility Governing Board of the River City Correctional Center voted in favor (by a four to one vote) of allowing . . . to retire and hire him back on a contractual basis at the entry level salary of the executive director position ($65,000 per year)."

The judge expressed "extreme disappointment in this decision" and said it conflicts with a county policy adopted in March. So far, there's been nothing from the three county commissioners about what they'll do, if anything. Nadel has told them he's since learned the official who is the subject of his ire has asked for five weeks vacation -- the same as he received before retiring. A new hire "would have to wait a year before accruing two weeks of vacation," he told the county commissioners.

Double dipping is not illegal in Ohio. But the practice does stir controversy from time to time. State Rep. Michelle G. Schneider, R-Madeira is sponsoring a House bill that would curtail double dipping. But the suburban Hamilton County lawmaker's measure may not go anywhere -- double dipping seems to be entrenched in the bureaucratic culture and past efforts to halt it have never gone very far.

Her bill is here, and it attempts reform of the government employee pension systems in the state.

The River City Correctional Center is a 200-bed treatment facility where inmates get a chance to end their substance abuse problems. By all accounts, it is a well-managed institution that strives to perform a difficult and necessary mission.