AJ v. the entire city council

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Some of you may have noticed (or not) that I have pretty much stayed out of the entire AJ/Robinette/Applebee’s mess. Since you also must be aware that I regularly point out and criticize wrongdoings by city hall or by public officials, you might be wondering why I haven’t piled on. Here’s why:
What makes the Applebee’s Affair any worse than many of the other goings-on at City Hall???
The entire City Council and other high level officials in, and appointed by, City Hall have blatantly and repeatedly broken the law, yet there has barely been a whimper or a comment out of any of the people here that are screaming for AJ’s scalp.
There was evidence beyond a doubt presented here that illegal electioneering activities occurred in the City Manager’s office, and substantial circumstantial evidence that other illegal activities connected with this occurred on city time and with city equipment and materials.
There has been evidence beyond a doubt presented, inadvertently by city staff itself, that there have been “prearranged meetings of more than a quorum of city council members to discuss city business with the city manager” in violation of State open meeting laws.
City Council recently passed an ordinance legalizing the ILLEGAL appointments of non-residents to city boards and commissions which they (and prior councils) had been practicing for years in violation of City Ordinance, with the knowledge and acquiescence of the City Law Director.
There has been blatant prejudice in the way our city codes, ordinances, and permitting procedures are applied, interpreted and enforced, depending upon individual city staff members’ personal feelings about the “desirability” of types of businesses, regardless of the legality of the businesses in question.
There have been questionable (and most likely illegal) bidding, procurement, and sales practices that have occured and were pulled from scheduled agendas due solely to exposure by THIS FORUM.  Yet these practices continue, and there were NO consequences, no rebukes, nothing but “business as usual” because of the individuals involved.

An unelected “kangaroo court” with jurisdiction over the entire city has been instituted by City Council that can override zoning laws, void the basic rights of citizens, invade privacy, levy draconian fines, and impose prison sentences--all OUTSIDE of Middletown’s legal and perfectly adequate Municipal Court System.
I could go an and on, but I won’t. I think you should get the picture, I’ve “painted” it often enough right here.
My point is:

Is what AJ did any worse than any of the forgoing?

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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: AJ v. the entire city council Posted: Jan 19 2011 at 9:53pm
	Some of you may have noticed (or not) that I have pretty much stayed out of the entire AJ/Robinette/Applebee’s mess. Since you also must be aware that I regularly point out and criticize wrongdoings by city hall or by public officials, you might be wondering why I haven’t piled on. Here’s why: What makes the Applebee’s Affair any worse than many of the other goings-on at City Hall??? The entire City Council and other high level officials in, and appointed by, City Hall have blatantly and repeatedly broken the law, yet there has barely been a whimper or a comment out of any of the people here that are screaming for AJ’s scalp. There was evidence beyond a doubt presented here that illegal electioneering activities occurred in the City Manager’s office, and substantial circumstantial evidence that other illegal activities connected with this occurred on city time and with city equipment and materials. There has been evidence beyond a doubt presented, inadvertently by city staff itself, that there have been “prearranged meetings of more than a quorum of city council members to discuss city business with the city manager” in violation of State open meeting laws. City Council recently passed an ordinance legalizing the *ILLEGAL* appointments of non-residents to city boards and commissions which they (and prior councils) had been practicing for years in violation of City Ordinance, *with* the knowledge and acquiescence of the City Law Director. There has been blatant prejudice in the way our city codes, ordinances, and permitting procedures are applied, interpreted and enforced, depending upon individual city staff members’ personal feelings about the “desirability” of types of businesses, regardless of the legality of the businesses in question. There have been questionable (and most likely illegal) bidding, procurement, and sales practices that have occured and *were pulled from scheduled agendas due solely to exposure by THIS FORUM. Yet these practices continue, and there were NO consequences, no rebukes, nothing but “business as usual” because of the individuals involved. An unelected “kangaroo court” with jurisdiction over the entire city has been instituted by City Council that can override zoning laws, void the basic rights of citizens, invade privacy, levy draconian fines, and impose prison sentences--all OUTSIDE* of Middletown’s legal and perfectly adequate Municipal Court System. I could go an and on, but I won’t. I think you should get the picture, I’ve “painted” it often enough right here. My point is: Is what AJ did any worse than any of the forgoing?
	“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012

Paul Nagy Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Citizen Joined: Jan 11 2009 Status: Offline Points: 384	Post Options Post Reply Quote Paul Nagy Report Post Thanks(0) Quote Reply Posted: Jan 20 2011 at 12:06am
	"Is what AJ did any worse than any of the forgoing?" Well Mike, you pose an interesting and difficult question. I've thought long and hard about it which is why I also have not responded to what went on at Appleby's. I also haven't responded because of the level at which this discussion went on this forum by a couple of bloggers who brought this forum to an alltime low. Remember, I had already posted a letter asking for AJ to resign over what he did in stacking the house with union people from outside Middletown. They threatened us and ranted and raved without any condemnation from AJ or any other council member. His apology didn't register any remorse, sorrow or humility with me but left the impression he was sorry he got caught. Further, you and I know from other involvements with him that he is very conceited, arrogant and a know-it-all. Neither does his apology wipe out what he did and for which he has not even been censured by council or his constituents which bothers me even more. As a council person he is indeed held to a higher standard. He has set a very bad example for other young people who might be interested in entering the political arena or other positions of leadership. He has shown in this instance as well as other instances that he has not the leadership ability we all were hoping he would bring to the table. Many of us tried our best to encourage him to no avail. He has not been a leader for the second ward and certainly has not set a good example for those residents. If this were the only incident it might be different but it is not. He obviously didn't learn from those other instances. When he says he will learn and do better it has only been words thus far. Saying it doesn't carry any influence but had he shown us in deeds that he has learned better than we might have a different attitude regarding his demeanor. Also, when he responds in his own defense that "no one is perfect" he is being immature as when he interjects so many immature questions and statements on council to try to convince us he knows what he is doing. but that doesn't seem to have registered with most folks. No one is perfect, of course, but that doesn't excuse repeated, irresponsible conduct by a public official. If it were even a totally personal matter these incidents would be out of the norm for any of us who are not perfect. So putting it all together the proof is in the putting. Its my opinion that what he does may not be worse than any of the forgoing but that doesn't excuse the depth of damage that all of the guilty parties are guilty of including AJ's damages. He has dramatically demonstrated that he has not brought Middletown forward but has helped with furthering the negative image that we have. He should resign or his constituents should recall him while they still have time to put in someone else who will serve them better. AJ doesn't see himself as a public servant but as a power player who can say, "I am the law". I also have great disappointment over the apathy regarding all of the important illegal things by council and the administration that you have pointed out over and over and over. Thanks for the post. Paul Nagy

randy Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Official Joined: Jan 13 2009 Location: Middletown Status: Offline Points: 1586	Post Options Post Reply Quote randy Report Post Thanks(0) Quote Reply Posted: Jan 20 2011 at 1:23am
	Two great post by both Mike and Paul. Best I have read on here the last few months or longer. And like Paul I agree with you Mike, the actions that went on, and continue to go on in the city building are ridiculous and even shameful. It is sad that we and I mean all of us on MUSA and in this town have let it continue and checked. Let Me Just Say: I am really disappointed in MUSA and some of our main posters, it’s been said time and time again that “I will be at the meeting to speak out, against these criminals in that city building!!!” No one does!!! In all fairness Mike, many in Middletown might not know these things are happen. How could they, they don’t watch council meetings and they don’t read MUSA. And it is apparent that MUSA people aren’t showing up to speak out, for whatever reason. So until then I guess we are screwed!! As for Aj, yea what he did and has done in the past has led him to taking some heat from people on here, myself included. Rightfully so! All these issues are and should be concerns for the people of Middletown. But there not, sure they are on here, fun to talk back and forth and argue at times. But until people standup and come out from behind their key broads, even if for only one meeting, until then we are as much to blame as anyone else. And for the record everybody, I am the one out there talking to people daily and in same cases taking up for MUSA and it posters. When people tell me the people on here are a bunch nut jobs and see conspiracies around every corner. Some of you long time posters know they say these things. I am the one defending this site and its posters; you think it is easy to walk into the city building knowing how they feel about this site. When people don’t show up to meetings, after they say they are going to, they laugh at us, at all of us. So Mike and Paul, I agree with both of your post, but until people care enough to get involved it doesn’t much matter does it? PS, LMAO, I am not referring to you not showing up, and all the bickering with Vannest Mom. People have been not showing up for along time.
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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 Posted: Jan 20 2011 at 6:30am
	Paul, Of course I can’t argue much with what you write, but perhaps you miss my point. Rather than go through your reply point-by-point, interspersing my responses as is my habit, let me assemble a single, general item for amplification: You say that AJ set at bad example for young people; has not been a leader; conducted himself in a manner irresponsible for a public official; proffered an apology that did not ring true, especially when he said he will learn from his mistakes and try to do better. I cannot argue. But consider the City Council as a whole, and the City Law Director and the matter of appointing non-residents to city boards and commissions, a matter which was clearly and blatantly illegal until just very recently: Blatantly, knowingly, and repeatedly breaking a city ordinance certainly does not show leadership. It certainly sets a bad example for our young citizens. There was never an admission of wrongdoing, let alone an apology, by any of those involved. (In fact, nothing but a few feeble attempts at excuse-making and blame-shifting...a terrible example for our young people and one more to be expected from a drug-addled, teen rock star than a city council person or a law director.) And, as the proverbial “icing on the cake”, we were treated to the phony “we can’t live without non-resident expert Mr. W on the Cemetery Board” argument just prior to Council setting another nose-thumbing example for our youth: “We got caught breaking the law, but we have the power so we’ll just change the law and the matter is over!” The point is *not* that AJ is blameless, *or anything of the sort.* If I gave that impression, *I sincerely apologize!!!* That was not my intent. The point is that Council, including AJ, as a whole, as well as other key players at City Hall *are guilty of the same and worse*…so why just single out AJ and let the rest of them slide???
	“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012

VietVet Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Council Joined: May 15 2008 Status: Offline Points: 7008	Post Options Post Reply Quote VietVet Report Post Thanks(0) Quote Reply Posted: Jan 20 2011 at 6:36am
	I certainly agree on the major problem of apathy on this site and in this town. So....we can start by trying once again to go to Hamilton, talking to the people there about our intentions to recall elected city officials (council and school board would be smart since we would be going to the doors of the registered voters in all sections of the city) I will find time between working and caregiving to walk to the addresses on the list of registered voters in Ward 3 to solicit recall signatures. How about some folks who live in Wards 1, 2 and 4? Would any of you volunteer to walk with the lists in your respective areas. I would think that if we ever got to this point of walking the town for recall purposes, it wouldn't take anytime at all for the word to get out at city hall and to the people who think we are "nut case conspiracy" people as Randy states. I would think that if they saw action with this severity, we would reverse their perception of us immediately. Yes....no????? The truth is, right now, we are all talk and no action to this point. JMO I would suggest in addition to recall signatures for council and school board, that we also include the city income tax recall to reduce it from the current 1.75% back to 1.50% or lower. Probably get some eager responses for that. How about returning the street repair money back to that fund and out of the General Fund, where it has been since the 80's? Might as well cover as many recalls as possible while walking the city. Anyone think of some other recall items? Anyone want to do this at all? Still need someone to go the Hamilton and talk to McGary before she retires for proper forms, instructions and the lists of registered voters for Middletown. Needs to be done Mon-Fri from 8 to 4PM I would imagine. Most of us are working during that time. Again, anyone have the time to make the trip and get us started? Need to meet to distribute the signature forms after that. This is second time we have talked about doing this. Do we do it this time, or do we keep talking about it? I can't go (unless its the weekend- not open then are they?). He--, I'll buy the tank of gas to get there and back to start this thing. Perhaps a phone call before going down there, telling them of our intentions would be prudent. As to these allegations of lawbreaking by city officials. Where would one send this information to inquire about a possible investigation from an outside source? The Ohio Attorney General perhaps? Someone else in Columbus? How do we go about getting a team of people here to examine any legal wrongdoing by the city? Now THAT would get their attention,

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: Jan 20 2011 at 6:55am
	In all fairness, Randy, there is no reason for readers of MiddletownUSA not to “know these things are happening.” That is, unless they are too lazy to read, or simply refuse to believe the obvious. At least for what I post, I back up with news stories, meeting minutes, quotes from the City Manager’s newletters, Ohio Revised Code sections, Middletown Codified Ordinance numbers, excerpts from the council workbooks and the like. I also normally cite the sources, and try to remember to urge the readers *NOT to trust me, but to verify the information from those sources for themselves. When I say that I will be at a meeting, I very nearly always show up. I have attended dozens of City Council meetings (and spoken at most), as well as most “conversations with council” (and the like), community forums, small organizational meetings, city finance committee and road committee meetings. You name it, if I thought it had a shot of making a difference, I tried to attend and usually made it. Every City Council meeting that I did not attend I watched at least once* on replays. I have even filed law suits against the city at my own expense *on behalf of the citizens!!!* I also defend (and promote) this site more than you know, as Mr. Nagy has done in my presence. But I am getting old and tired. Thank you for your kind words in your first sentence though. And I still like ya!!!
	“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012

Paul Nagy Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Citizen Joined: Jan 11 2009 Status: Offline Points: 384	Post Options Post Reply Quote Paul Nagy Report Post Thanks(0) Quote Reply Posted: Jan 20 2011 at 7:02am
	Mike, I agree with you about the illegal activities of council and the administration (including the law director and the planning director). They really have caused severe ruin for our city and are taking the city into a non-productive, non-business, non-jobless direction for the future. They continue to misdirect milions of taxpayers dollars for special (downtown) interests. Until the citizens will get serious they choose by their lack of action to be willing to pay the price for their apathy. You and I have spoken out and appeared before council on numerous occassions thru the years only to watch them repeatedly ignore everyone for their special interests. As for Aj, I think he has proven he shouldn't be on council and a majority agree but won't do anything about it. I would like to see him have the humility to resign. I wish him well in any new endeavor but he shouldn't be on council. Randy, MiddletownUSA is the only voice for democracy in Middletown and it is a shame that people abuse it the way they do. When they abuse it they cause a lot of us to quit discussing the issues that are so vital to the city's success. They should stick to the issues. Sometimes the issues are certain city players but shouldn't be the bloggers. I appreciate you and MiddletownUSA. Mike is indispensible to giving us the facts and keeping us on track. I just don't understand why he doesn't like my singing. Paul Nagy

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: Jan 20 2011 at 7:09am
	Vet, my friend, You have touched on many issues. I will try to address them. First, it is my *OPINION,* that to try to do all of those many recalls and referendums at once would be too confusing and would result in: 1. Uninformed folks feeling that they were being snowballed and refusing to sign any of them. 2. Confusion and errors resulting in many of the petition forms being rejected on technicalities. The Safety levy expires in just over a year (if memory serves). It would be nearly ready to expire by the time we got the petitions signed, validated, and a referendum scheduled. I’d suggest letting it die a natural death. I’ve discussed many of the illegal activities with various officials in Columbus. While they seem to agree that there are illegalities, they advise to file suit in Common Pleas Court. This is expensive. Besides, the case might be assigned to Judge (and ex-councilman) Powers!!! I’d be pleased to discuss all of this further by phone or in person, as the details are too involved to type out…and I’m too crummy of a typist!!!
	“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: Jan 20 2011 at 7:36am
	Vet, The kangaroo court is a new issue. I know that if they came after me, I would appeal (to a REAL court) in a heartbeat, and counter-sue to boot. I haven't talked to anyone about this issue yet.
	“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012

acclaro Members Profile Send Private Message Find Members Posts Add to Buddy List Prominent MUSA Citizen Joined: Jul 01 2009 Status: Offline Points: 1878	Post Options Post Reply Quote acclaro Report Post Thanks(0) Quote Reply Posted: Jan 20 2011 at 9:10am
	Mike, the remedy for severe criminal malfeasance is Attorney General involvement and formal complaint. I have read many allegations, but limited fact. Granted, sudden change to ordinances and such constitute incompetence and allegations of bias, but the degree of criminal misdoings has not been substantiated from anything I have read. If so, the AG should be involved. It is certainly easy to challenge anything the city does in court, including ordinances. Why is this not being done? As for gas fund misappropriation and other allegations I have read routinely, has a complaint been filed? That's the appropriate remedy, but serious violations of trust have multiple means of being addressed, and through confidential avenues or public. The apathy lies in getting votes which correspond to the views that exemplify the majority of the dissenters whom think problems exist in Middletown. Organization and structure is paramount, but such effort has not been attempted. Having a few meetings doesn't get this moving forward, but money, organization, does. No one actually believes the majority of residents are happy with the direction of the city, nor its chess moves. The key is to get more voters out supporting the fact status quo has destroyed Middletown, and more importantly, the most important asset a resident has---their property. Standing twice a month for a 3 minute elevator pitch will accomplish nothing at city meetings. They have a deaf ear, why bother. Every council member has had an opportunity to rescind and put in place, dedicated funds for street and infrastructure, a rather "no brainer", right? Yet, no one has done that to date. Turning to Smith. You are correct on the other allegations as allegations. The difference is Smith has shown a pattern of championing himself, not te city. That may be true of the others. City council members get paid little, and don't direct the city. They come in, nod their heads, and pass what the city wants. Few study issues in detail and proacactively have plans or suggestions for alternatives. They are reactors, not proactors. Its the nature of the job, when you have another job, come in for 3-4 hrs twice a month, and have a family and other pressing matters. If Mr. Becker or Mr. Allen, or any council member had the chronic pattern of behavior as Smith, there would be just as strong a reaction as has been focused on Smith. Take a lesson in how to deal with city hall from Lenny Robinson. When wronged, be willing to pull the trigger and litigate. Waiting for a new batch of leaders or the "next election" gets you no where. Ordinances being broken, laws broken? Pull the trigger or report it to the proper investigative authorities. 3 minutes of fame on TVMiddletown twice a month accomplishes nothing, notta, 0.

Paul Nagy Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Citizen Joined: Jan 11 2009 Status: Offline Points: 384	Post Options Post Reply Quote Paul Nagy Report Post Thanks(0) Quote Reply Posted: Jan 20 2011 at 9:23am
	Acclaro, You couldn't be more right. Paul Nagy

spiderjohn Members Profile Send Private Message Find Members Posts Add to Buddy List Prominent MUSA Citizen Joined: Jul 01 2007 Location: United States Status: Offline Points: 2749	Post Options Post Reply Quote spiderjohn Report Post Thanks(0) Quote Reply Posted: Jan 20 2011 at 2:23pm
	Almost perfect post by acclaro If you really want to go after Admin or Council and get their attentiom, you have to punch them somewhere where it actually causes pain. Meaningful litigation definitely works. Actual re-call or legislative petitioning works. Finding electable candidates(like AJ, Josh and Anita) works. A constant barrage of facts, figs and attention-grabbing issues at committee meetings, community forums and public meetings can work IF you follow through with proper action and regularity. Talking, blogging or hollow threatening obviously doesn't work. A few meeting to simply gripe or discuss issues doesn't work. Non-focused in-direct rambling during Citizens' Comments doesn't work. AJ vs. Council? I really don't think that exists in the way many of you think. I think that with one or two exceptions, he is accepted by the others now. This last incident only seems to matter to his strongest long-term detractors. We have survived much worse from sitting Commission members in the past without resignations, or even requests for resignations. Apologies are not really the answer to anything. Usually they are forced and in-sincere. They seldom repair any situation. As for this forum being embarrassed by no-shows at the last Council meeting? Of the regulars that I know here, none at any time stated that they would attend the meeting to seek a resignation. That threat came from newcomers who obviously can't walk the talk. I have blogged here regularly for 3+ years and have accomplished nothing other than to alienate myself from those in the golden bunker. Totally wasted my time and everyone's time reading me. Like most others here, I do what I can in the manner that I choose. I have been involved for decades in many ways--same for so many others who make my efforts pale in comparison. You want to take on Council/Admin and change OUR city's direction? Legal challenge and through the ballot box. Organize with the right electable people, or have a good court case and a very serious expert attorney.Can be done easily and effectively. People from all areas of the city are waiting to climb on board of something in which they can believe and has constructive substance. You can "out" people, compose clever rhymes,anonymously empty-threat all that you like. A waste of your time. Maybe there is something to using your real name after all. jmo

randy Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Official Joined: Jan 13 2009 Location: Middletown Status: Offline Points: 1586	Post Options Post Reply Quote randy Report Post Thanks(0) Quote Reply Posted: Jan 20 2011 at 3:57pm
	Spider, I agree that no regulars where no shows at the meeting. I know that guys like yourself, Mike, Paul and Vet have made many attempts to speak out at a council meeting. My point is and will continue to be that it is not enough voices to matter. The comment was made that a 3 minute appearance at council would make no difference and change nothing. I disagree with that. If 30 or more people showed up and spoke for 3 minutes thats 90 minutes of comments. The message would need to be the same from all, change the way things are going replace those that are holding us back or our next step is to do it ourselves by way of petitions or legal actions. Today our city leaders do not fear us, and that in my opinion is because we never show up in numbers. and until we have done that no one can say it will have no affect!! Because the truth is we don't know, it has never happened. If we cant get people to show up at a meeting to speak out, and again I know you and the others have, I have too!! Four of us are not enough, so if we cant get people to show up in numbers what makes anyone think we could ever pull off a recall or any sort of legal action. Maybe I am wrong, it has happened once or twice in my life. Maybe showing up in numbers will change nothing. But we need to start someplace, were do you suggest that starting point is. I would love to hear your thoughts as well as Mike and Paul's. what do we do?? Spider, I do know the price you have paid for being a regular member of this site and for speaking out against the city leaders. We have made it easy on the city leaders to focus on the three or four people that do speak out, much harder to focus an a larger number of people. Mike, I think you misunderstood what I said in my first post or I wasn't clear in my though process. The people on this forum do know about the illegal activities of our city admin. I was talking about those that do not read this forum or pay attention to council meetings. How would they know about any of these things going on? The journal isn't reporting it, It is time to reach beyond this forum and make people aware of what is going on.
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Vivian Moon Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187	Post Options Post Reply Quote Vivian Moon Report Post Thanks(0) Quote Reply Posted: Jan 20 2011 at 9:10pm
	Gentlemen I believe it would be wise to first start a petition for the Gas Tax so we can start repairing the streets in Middletown. This would be a sure winner at the polls in all four wards.