City Solicitor John Curp and Ohio Ethics Commission Executive Director Paul Nick said in an Oct. 22 email exchange that it was OK for Vice Mayor Roxanne Qualls to retain her job as a realtor and vote in support of the streetcar project, even though the project could indirectly benefit Qualls by increasing property values — and therefore her compensation as a realtor — along the route.
The email exchange was provided to CityBeat and other media outlets after mayoral candidate John Cranley criticized Qualls, who is also running for mayor, for the alleged conflict of interest at an Oct. 22 press conference.
Curp stated in an email to Nick that Qualls’ potential gains from the streetcar project are too speculative and indirect to present a conflict of interest or ethical violation because the real estate sales are “arms-length transactions between private parties” with a flat 1 to 2 percent fee.
Nick’s emailed response cited two previous Ohio Ethics Commission opinions to support Curp’s analysis.
“It would be unreasonable to hold that lawyers, accountants, insurance agents, and other professionals have an interest in the contracts of their business clients. In general, such professionals are not deemed to be interested in the business dealings of a client, merely because they receive fees for professional services,” according to a February 1986 opinion.
The opinion then clarifies that ethics violations must be directly tied to a project. For example, an insurance agent on City Council would violate ethics law if he or she voted on a construction contract in which his or her insurance agency is charged with handling bond sales for the contract in some way.
Curp also noted that Qualls had asked about the potential conflict of interest on “a minimum of two prior occasions.”
Nick told CityBeat in a phone interview that it’s normal for city officials to go through city solicitors before going to the Ohio Ethics Commission with an ethical question. If the city solicitor and commission agree a formal analysis isn’t necessary, the situation is resolved with brief guidance.
For Cranley, the concerns suggest a contradiction to his previously touted beliefs about the streetcar.
Supporters of the streetcar project, including Qualls,
often tout potential property value increases and the economic gains
they would bring to Cincinnati as a reason to back the project. The economic gains were supported by studies from consulting firm HDR and the University of Cincinnati, which found the streetcar would produce a three-to-one return on investment in Over-the-Rhine and downtown.
Critics, including Cranley, say such property value increases are overblown to falsely justify what they call a “pet project.”
But if the property values never materialize, Qualls isn’t financially benefiting in the way Cranley’s campaign described.
Fox 19 on Nov. 9 apologized for an ignorant comment made by news anchor Tricia Macke on her personal Facebook page last month. Macke’s comment, “Rachel Maddow is such an angry young man,” sparked outrage among gay-rights organizations for its depiction of MSNBC’s openly gay broadcaster as a man.
According to screen shots published by the Gay & Lesbian Alliance Against Defamation (GLAAD), Macke appeared to have missed the point when called out by a commenter for targeting Maddow’s sexual identity. Macke wrote, “you are right… I should have said antagonistic” but then told another commenter, “I knew what I was saying.”
GLAAD wrote: “Tricia Macke undoubtedly tried to insult Maddow because of their political differences, rather than simply because Maddow is gay — but her comments went much further than insulting Maddow's political leanings, and took issue with Maddow's gender, revealing an anti-gay (or at least anti-gender-nonconforming?) bias underlying her political beliefs.”
Fox 19 posted its apology along with a statement from Macke describing her comment as insensitive and inappropriate. Macke wrote: “I apologize to Ms. Maddow and any others who may have been offended by my comments, as they do not reflect my firm beliefs in individual and equal rights, and they certainly do not represent the opinions or position of my employer WXIX-TV."
Maddow, an openly gay MSNBC political analyst, is one of America’s highest-profile news personalities. She’s also a Stanford graduate with a doctorate in political science from Oxford University, where she was a Rhodes Scholar.
Private prison critics have been proven right once again. Smuggling incidents are on the rise around Lake Erie Correctional Institution, which Ohio sold to the Corrections Corporation of America (CCA) in 2011.
In a letter to Gov. John Kasich’s northeast Ohio liaison, Conneaut Councilman Neil LaRusch claimed a rise in contraband smuggling has forced local police to increase security around the CCA facility.
Since the end of 2012, four have been arrested and charged with smuggling. Another four were arrested Monday and police suspect they were in Conneaut for a smuggling job. According to the Star Beacon, the four suspects arrested Monday were only caught due to the increased police presence outside the Lake Erie prison.
LaRusch said Conneaut and its police department are already running tight budgets, and they can’t afford to continue padding prison security. He then asked the state and governor to help out with the situation.
The letter prompted a reaction from the American Civil Liberties Union of Ohio (ACLU), which has staunchly opposed prison privatization in the state. In a statement, Mike Brickner, director of communications and public policy for the ACLU, said, “Unfortunately, this is a predictable pattern with private prisons. Promises of lower costs quickly morph into higher crime, increased burdens on local law enforcement, and in the end, a higher bill for taxpayers.”
He added, “This is not an anomaly. It is a predictable pattern. The private prison model is built on profit above all else. These facilities will cut corners and shift responsibility to taxpayers wherever necessary to maximize profits.”
The governor’s office and Ohio Department of Rehabilitation and Correction (ODRC) could not be immediately reached for comment. This story will be updated if a response becomes available.
Update (5:00 p.m.): Col. John Born, superintendent of the Ohio State Highway Patrol, responded to the councilman's letter. In his own letter, Born doesn't contradict that there's a rise in drug smuggling, but he gives the issue more context.
Born wrote criminal incidents at the Lake Erie prison have actually decreased. He acknowledges drug smuggling cases went up from four in 2011 to seven in 2012, but he says drug cases have gone down at the prison since 2010.
He also claims seven other state prisons have seen a greater rise in drug smuggling. Born frames the issue in a national context: “Unfortunately, despite best efforts, the national problem of illegal drug usage and drug trafficking continues to plague our nation.”
Regarding state assistance, Born wrote the Ohio State Highway Patrol does not have the authority to strengthen security in order to directly prevent drug smuggling: “It is important to point out the Ohio State Highway Patrol's legal authority and corresponding duties prior to the sale of the prison and after the sale remain largely unchanged. Ohio troopers did not have original jurisdiction on private property off institution grounds while under state operations nor do they today.”
He adds the Ohio State Highway Patrol has already deployed more cruisers at the prison, but he believes local law enforcement are still the best option for responding to incidents.
JoEllen Smith, spokesperson for ODRC, wrote in an email, “DRC will be in communication with the parties involved to ensure any remaining concerns are addressed.”
CityBeat previously covered private prisons in-depth (“Liberty for Sale,” issue of Sept. 19). Within a week of the story going to stands, ODRC Director Gary Mohr said the state would not privatize any more prisons. On the same day of his announcement, Mohr apparently received an audit that found the CCA facility was only meeting 66.7 percent of state standards (“Prison Privatization Blues,” issue of Oct. 10).
State Auditor Dave Yost released an audit today looking at Value Learning and Teaching (VLT) Academy’s 2010-2011 school year, and the findings are not pretty. The charter school, which is located in downtown Cincinnati, was found to be potentially overpaying in multiple instances — including potential conflicts of interest.
“Those who are entrusted with taxpayer dollars must take special care and spend them wisely,” Yost said in a statement. “This school appears to have management issues that must be addressed quickly.”
In a potential conflict of interest, the school paid Echole Harris, daughter of the school’s superintendent, $82,000 during the school year and $17,000 for a summer contract for the position of EMIS coordinator, who helps provide data from VLT Academy to the state. Mysteriously, the school did not disclose the summer contract in its financial statements. The school says the superintendent abstained from all decisions related to Harris and presented the summer contract to the school board. Still, Yost referred the situation to the Ohio Ethics Commission.
The audit also criticized VLT Academy for approving a $249,000 bid for janitorial services that were owned and provided by a school employee. The bid was the most expensive among other offers ranging between $82,000 and $135,600. According to the school’s own minutes, “Each company states that they can deliver a work product that will meet or exceed the standards provided in our checklist,” adding little justification to the high payment and potential conflict of interest. The school insists its pick was the best qualified because it offered additional services. The bid approval was also referred to the Ohio Ethics Commission.
The school was found to be overpaying its IT director as
well. Keenan Cooke’s salary for the 2010-2011 school year was supposed to
be $55,000, but the school overpaid him by $3,333 with no record of
intent. The state asked for Cooke and Judy McConnell, VLT Academy’s
fiscal officer, to return the excess payment to the state. The school acknowledged McConnell's responsibility.
To make the potentially excess payments worse, VLT Academy had a net asset deficiency of $412,754 as of June 30, 2011, according to the audit. The school promised the auditor it will cut costs and find revenue generators to make up for the loss.
U.S. Rep. Tom Massie, the congressman who represents the Kentucky side of the Cincinnati metropolitan area, used his first day in Congress to file a bill that would erase a 23-year-old federal ban that makes it a crime to carry guns near schools.
At the moment, Massie does not have any co-sponsors signed up. Details are sparse because the government printing office says it does not yet have the full text of the measure to put online.
The existing Gun-Free School Act of 1990, which was adopted when former president George H.W. Bush, a Republican, was in the White House is viewable here. The bill was amended in 1995. As late as 1999, the National Rifle Association (NRA) was testifying in support of the measure, a position it seems to have dropped after the Sandy Hook massacre.
Under the existing law, so-called “school zones” include but are not limited to parks, sidewalks, roads and highways within 1,000 feet of the property line of a public or private elementary, middle or high school. The law makes it practically impossible to travel in populated areas without entering a "gun-free school zone." People with state-issued licenses or permits to carry guns are exempted by the federal law, but the exemption is only good in the state that issued the permit.
The law doesn’t exempt out-of-state travelers who have permits, nor does it allow off-duty police officers to pack a weapon in a school. And it is a violation for anyone other than an on-duty police officer or a school security guard to discharge a firearm in a school zone for any reason. A state permit does not exempt a person from the discharge prohibition.
is a copy of the bill that retired U.S. Rep. Ron Paul introduced while
the Texan was campaigning for the Republican presidential nomination. He called
his repeal measure the Citizen Protection Act, and he got no support from
co-sponsors. Paul’s bill died when the new Congress was sworn in
yesterday, but Massie is now resurrecting it.
Massie is a tea party adherent — elected last fall to replace Geoff Davis — who largely shares the political philosophies of Paul and his son, Sen. Rand Paul, who is also from Kentucky. Massie voted against John Boehner for speaker on the opening day of the 113th Congress, an act of open defiance against the Republican House leadership.
Never piss off the proletariat.
Upset about his low pay and dismal working conditions, a worker at one of Facebook’s Third World contractors has leaked the social media site’s ultra-secret document about what type of content it censors.
Amine Derkaoui, a 21-year-old Moroccan man, worked for an outsourcing firm last year that scanned Facebook members’ pages for banned content. Given Facebook’s profitability, Derkaoui became angry about its stinginess with workers.
As a result, Derkaoui gave a copy of Facebook’s internal guidelines about what content it will delete to Gawker, a top Internet gossip site.
Some of the forbidden items are obvious like racial slurs, depictions of human or animal mutilation, photographs or cartoons of sexual activity, violent speech and content that organizes or promotes illegal activity.
But some of the other verboten items are more unusual, if not downright strange.
For example, naked “private parts” including female nipple bulges and butt cracks are forbidden, but male nipples are allowed. The list specifically mentions “mothers breastfeeding” as unacceptable.
Also, most depictions of bodily fluids are unacceptable, but not all. It lists “urine, feces, vomit, semen, pus and ear wax" as unacceptable (yes, ear wax). But, it helpfully notes, “cartoon feces, urine and spit are OK; real and cartoon snot is OK.” Well, that's good to know.
Other items subject to deletion include cartoon nudity, images of internal organs, bones, muscles, tendons and “deep flesh wounds,” along with “blatant (obvious) depiction of camel toes and moose knuckles.” (Confession: I had to Google “moose knuckle” to know what that meant.)
Images of “crushed heads, limbs, etc. are OK,” however, as long as “no insides are showing” and the person posting them doesn’t express delight or gratification.
Moreover, all criticism of Ataturk, the founder of the nation of Turkey, along with images depicting the burning of Turkish flags are forbidden. It’s believed this restriction is due to certain European laws that, if violated, could cause the site to be blocked in Turkey.
The 17-page manual includes a one-page “cheat sheet” so workers can quickly reference it when making decisions about what to delete.
Gawker said Derkaoui found his job through the outsourcing firm oDesk, which provides content moderation services for Facebook and Google. About 50 people across the globe — mostly in Turkey, the Philippines, Mexico and India — work to moderate Facebook content. They work from home in four-hour shifts and earn $1 per hour plus commissions.
"It's humiliating. They are just exploiting the Third World," Derkaoui told Gawker.
At a Romney-Ryan rally near Cincinnati yesterday, Gov. John Kasich made some remarks women voters might find offensive. When describing what his wife and the wives of Mitt Romney, Rep. Paul Ryan and Sen. Rob Portman are doing as the men attend political rallies, Kasich told Romney supporters the women are “at home doing the laundry.”
The full quote: “It’s not easy to be a spouse of an elected official. You know, they’re at home doing the laundry and doing so many things while we’re up here on the stage getting a little bit of applause, right? They don’t often share in it.”
The comments were quickly picked up by liberal blog Plunderbund, which criticized Kasich's history with women.
While the comment may be true (CityBeat could not confirm if Karen Kasich was doing laundry while Kasich was speaking), it does little for a political party already struggling with women voters. In the latest poll from Public Policy Polling, Romney was down 10 points to Obama among women voters in Ohio. This is often attributed to what Democrats labeled a “war on women” by Republicans to diminish contraceptive and abortion rights. CityBeat previously covered the local and national political issues regarding women here.Kasich had problems with public speaking in the past. In his 2012 State of the State speech, which The Hill labeled “bizarre,” Kasich repeatedly mentioned his “hot wife,” imitated a Parkinson’s patient and referred to Californians as “wackadoodles.” In a previous statement, Kasich said he would run over opponents with a bus. “If you’re not on the bus, we will run over you with the bus,” he told lobbyists. “And I’m not kidding.”
Kasich's latest comment can be found on YouTube: