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by German Lopez 04.10.2013
Posted In: Health, News, Budget, Courts at 09:20 AM | Permalink | Comments (0)
 
 
cover-kasich-2

Morning News and Stuff

House reworks Kasich budget, pro-choice group criticizes budget, city asks for stay on ruling

Ohio House Republicans released their own budget proposal yesterday that does away with many of Gov. John Kasich’s proposed policies. The budget gets rid of the Medicaid expansion, the oil and gas severance tax and the sales tax expansion. It also reduces the state income tax cut to 7 percent, down from 20 percent in Kasich’s plan. The amount of schools getting no increased funding under a new school funding formula decreased from 368 in Kasich’s plan to 175 in the House plan, addressing issues that selective wealthy schools were benefiting too much from Kasich’s proposed school funding formula. CityBeat covered Kasich’s budget proposal in detail here.

NARAL Pro-Choice Ohio is criticizing the Ohio House’s proposed budget for defunding Planned Parenthood and redirecting federal funds to anti-abortion crisis pregnancy centers (CPCs). A study from NARAL Pro-Choice Ohio, which is highly supportive of abortion rights, found 47 percent of CPCs gave inaccurate medical information regarding a link between mental health problems and abortion, and 38 percent provided false information about the connection between breast cancer, infertility and abortion, among other findings.

The city of Cincinnati is asking Judge Robert Winkler to stay his previous ruling so the city can use emergency clauses to expedite legislation. City Solicitor John Curp says the city needs emergency clause powers in case of natural disasters and to advance economic development deals that need to be implemented before 30 days. The city previously used emergency clauses to avoid a 30-day waiting period for implementing laws, but Winkler ruled the clauses do not nullify the right to referendum, effectively eliminating the use of emergency clauses because the city now always has to wait 30 days in case of a referendum effort. The ruling was given after City Council used an emergency clause to expedite the lease of the city’s parking assets to the Port Authority to help balance deficits and fund economic development.

With the support of Councilwoman Yvette Simpson, City Council is looking to study youth poverty, homelessness and other issues to better prioritize city policy. The $175,000 study, which will be mostly privately funded, will look at multiple factors affecting the city’s youth, including crime, poverty, homelessness and educational opportunities. Simpson says the study will be the first comprehensive look at the city’s youth.

Democratic Ohio Sen. Sherrod Brown’s bill to end Too Big to Fail was leaked to the press Friday, and The Washington Post has an analysis on what it does here. While the bill doesn’t explicitly break up big banks, it does severely limit big banks in a way that may encourage them to downsize. Brown will co-sponsor the bill with Republican La. Sen. David Vitter, making it a bipartisan compromise. CityBeat covered Brown’s efforts in further detail here.

Ky. Sen. Mitch McConnell’s re-election campaign is complaining someone bugged a meeting to listen in on staff’s plans for the 2014 election. Jesse Benton, campaign manager for McConnell, said in a statement, “Today’s developments ... go far beyond anything I’ve seen in American politics and are comparable only to Richard Nixon’s efforts to bug Democratic Party Headquarters at the Watergate 40 years ago.” During the meeting, McConnell’s staff alluded to labeling potential opponent Ashley Judd as “unbalanced” by bringing up past mental health problems. Meanwhile, recent polling found McConnell is no lock for re-election.

As the media ramps up fears of another Korean war, many analysts feel there is no chance of war. Meanwhile, South Koreans seem more bored than concerned with the North’s threats.

Scientists discovered evidence of “dark lightning,” which may emanate from thunderstorms alongside visible lightning.

 
 
by German Lopez 03.15.2013
Posted In: News, Courts, Parking at 11:26 AM | Permalink | Comments (0)
 
 
downtown grocery

Ruling to Determine Parking Plan's Future

City, parking plan opponents meet in court, judge unlikely to rule today

The city of Cincinnati and opponents of the parking plan met in court today to debate whether laws passed with emergency clauses are subject to referendum — a crucial legal issue as the city attempts to speed ahead with plans to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the deficit and foster economic development.

After hearing extensive legal arguments from both sides, Judge Robert Winkler, who presided over the hearings, said a decision is unlikely today.

Curt Hartman, who represented opponents of the parking plan, argued the city charter’s definition of emergency clauses is ambiguous, and legal precedent supports siding with voters’ right to referendum when there is ambiguity.

Terry Nestor, who represented the city, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter.

Cincinnati’s city charter does not specify whether emergency legislation is subject to referendum, but state law explicitly says emergency laws are not subject to referendum.

Meg Olberding, city spokesperson, previously told CityBeat that if the parking plan is held up for too long in legal battles, the city will have to carry out spending cuts before July to balance the budget in time for the 2014 fiscal year.

Emergency clauses remove a 30-day waiting period on approved legislation, and the city claims they also remove the possibility of referendum.

City Council approved the parking plan in a 5-4 vote on March 6 before attaching an emergency clause to the law in a 6-3 vote. But the law was quickly put on hold by a temporary restraining order from Winkler after a lawsuit was filed in favor of subjecting the plan to referendum.

Opponents of the parking plan say they’re concerned the plan will cede too much control over the city’s parking meters, which they say could lead to skyrocketing parking rates. 

The city says rates are set at 3 percent or inflation, but the rate can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would comprise of four people appointed by the Port Authority and one appointed by the city manager.

The city is pursuing the parking plan to help balance the city’s deficit for the next two fiscal years and enable economic development projects (“Parking Stimulus,” issue of Feb. 27).

 
 
by German Lopez 02.12.2013
Posted In: Anna Louise Inn, Courts, Development, News at 02:28 PM | Permalink | Comments (0)
 
 
anna louise inn

Anna Louise Inn, Western & Southern Returning to Court

Hearings set with Judge Norbert Nadel for April

The Anna Louise Inn and Western & Southern will meet again in court in April to begin the next chapter of the ongoing zoning dispute between the longtime neighbors. 

In a Feb. 8 ruling, the Ohio First District Court of Appeals agreed with a lower court that Cincinnati Union Bethel, which owns the Inn, filed an incomplete permit application. The ruling asks CUB to resubmit the funding requests to the city of Cincinnati — except this time CUB will have to include details about previously omitted parts of the Anna Louise Inn and the Off the Streets program. 

But Tim Burke, attorney for CUB, says CUB already carried out the court’s requirements. After Judge Norbert Nadel ruled May 4 that the Inn didn’t properly fill out its original application, CUB started a second chain of applications to obtain a conditional use permit to meet Nadel’s zoning specifications. The new applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.

Last week’s appeals court ruling sent the case back down to the lower court on a legal technicality. With the ruling, all the Anna Louise Inn cases, including the separate chain of zoning appeals, are essentially consolidated to Nadel. 

The dispute began in 2010, when Western & Southern sued the Anna Louise Inn over zoning issues to block $13 million in city- and state-distributed federal loans to renovate the building. Western & Southern declined an opportunity to purchase the building in 2009, but now seems interested in turning it into a luxury hotel. 

The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.

For more information about this ongoing dispute, visit CityBeat's collection of coverage here.

 
 
by German Lopez 02.08.2013
Posted In: Anna Louise Inn, News, Courts at 01:00 PM | Permalink | Comments (0)
 
 
Anna Louise Inn

Anna Louise Inn Could Be Back at Square One

Appeals court says incomplete application must be refiled with lower court

The latest appeals court ruling did not give the Anna Louise Inn much peace of mind in its ongoing feud with Western & Southern. On Friday, the Ohio First District Court of Appeals affirmed most of a lower court’s ruling against the Anna Louise Inn, but it sent the case back down to the lower court on a legal technicality.

The ruling means the case could restart, potentially setting Cincinnati Union Bethel, which owns the inn, and Western & Southern on another path of court hearings and appeals that will take up taxpayer money and the courts time — all because Western & Southern is bitter it didn’t purchase the Anna Louise Inn when given the opportunity.

By agreeing with the lower court that Cincinnati Union Bethel filed an incomplete application, the appeals court is now asking the owners of the Anna Louise Inn to resubmit their funding requests to the city of Cincinnati — except this time Cincinnati Union Bethel will have to include details about previously omitted parts of the Anna Louise Inn and the Off the Streets program.

But Tim Burke, Cincinnati Union Bethel’s attorney, is hopeful the process will not have to restart. He says Cincinnati Union Bethel already carried out the appeals court’s requirements. After Hamilton County Judge Norbert Nadel handed down his May 4 ruling against the Anna Louise Inn, Cincinnati Union Bethel started a second chain of zoning and permit applications to obtain a conditional use permit that met Nadel’s specifications. So far, the applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.

Burke and Cincinnati Union Bethel hope to meet with Nadel Monday to make their case. If they’re successful, they’ll stave off another series of court hearings and appeals.

Burke says the case has been a uniquely negative experience — previously calling it one of the most frustrating of his career. He says Western & Southern’s actions are pure obstructionism: “They benefit from delays, and that’s all they’re trying to do.”

Cincinnati Union Bethel wants to use city funds to help finance $13 million in renovations for the Anna Louise Inn, which are necessary to keep the building open and functional.

The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.

Western & Southern previously supported the Anna Louise Inn and the Off the Streets program with direct donations, but the friendly relations abruptly ended when Cincinnati Union Bethel refused to sell the building to Western & Southern, instead opting to renovate the Inn. At that point, Western & Southern began a series of legal challenges meant to obstruct Cincinnati Union Bethel’s renovation plans.

The zoning debate centers around whether the Anna Louise Inn qualifies as a “special assistance shelter” or “transitional housing.” The Anna Louise Inn originally claimed to be transitional housing, but Nadel ruled the building is a special assistance shelter. After that ruling, Cincinnati Union Bethel obtained a conditional use permit for the new classification, but Western & Southern is now disputing the approval of that permit.

For more information about this ongoing dispute, visit CityBeat's collection of coverage here.

 
 
by German Lopez 01.24.2013
Posted In: Budget, Courts, News at 03:37 PM | Permalink | Comments (0)
 
 
city hall

City Negotiating Settlement Over Pension-Funding Lawsuit

April deadline to settle with AFSCME over accusations of underfunding

The city of Cincinnati and a union representing city workers are currently negotiating an out-of-court settlement for a lawsuit involving the city's pension program.

The American Federation of State, County and Municipal Employees (AFSCME) claimed in a 2011 lawsuit that the city government isn’t meeting funding requirements. A Hamilton County Court of Common Pleas motion filed Jan. 4 and accepted Jan. 23 gives the city and AFSCME until April to settle the case out of court.

By law, Cincinnati is required to heed to the Cincinnati Retirement System (CRS) Board of Trustees when setting the percent of payroll the city must contribute to retirees. But the AFSCME lawsuit argues the city hasn’t been making contributions dictated by the board.

The lawsuit, which dates back to June 2011, cites minutes from a CRS Board of Trustees meeting on July 20, 2010 to show the board accepted a report from Cavanaugh Macdonald Consulting, LLC. The report asked the city to contribute 46.22 percent of payroll to retiree benefits — 12.32 percent to retiree health benefits and 33.9 percent to other CRS benefits — during the 2011 fiscal year.

Instead, the city biennial budget for 2011 and 2012 established a contribution rate of 17 percent — way below the recommended sum.

The AFSCME lawsuit alleges the low contributions reflect a “longstanding pattern” from city government. It points to a 2002 report from the CRS Board of Trustees that found the city was not meeting requirements set by the board then, either.

The lawsuit asks for a court mandate requiring city government to find out how much it needs to contribute, establish a mechanism for collecting the amounts required and appropriate and contribute the required amounts.

City Solicitor John Curp says the debate is between long-term and short-term interests. On AFSCME’s side, the union wants to get as much from payroll contributions as possible for represented retirees, even if it means a short-term economic and budget shock for the city. On the city’s side, City Council is more interested in meeting long-term requirements for the pension fund, instead of keeping up with shifting annual numbers that could negatively impact the city economy and budget.

City government’s approach attempts to balance short-term and long-term needs with a long-term goal. It means the city pension is underfunded during some years, particularly when the economy is in a bad state. But it keeps rates steady, letting the city avoid sudden funding changes that would require spending cuts or tax hikes to keep the budget balanced.

By adopting a large short-term contribution rate, the city would likely hurt its budget in ways that would negatively affect city employees represented by AFSCME. If the city was forced to contribute 46.22 percent of payroll to CRS — up from 17 percent — it would probably be forced to cut spending elsewhere, which would lead to layoffs.

This story was updated on Jan. 25 at 12:40 p.m. to reflect comments from City Solicitor John Curp.

 
 
by German Lopez 12.27.2012
Posted In: Homelessness, News, Economy, Business, Courts, Prisons at 10:04 AM | Permalink | Comments (0)
 
 
scioto jcf

Morning News and Stuff

Youthful prisons get mixed report, Leis to stay on public payroll, shelter move approved

Despite problems with staff and records, a report is calling changes to Ohio’s youth prisons system a model for the nation. The report from a court-appointed monitor praised the Ohio Department of Youth Services for reducing the number of offenders in secure confinement and spreading services for youthful offenders around the state. However, the report also points out staff shortages, inadequate teachers and inconsistent medical records. Advocates for youthful offenders claim the bad findings show a need for continued court supervision.

There’s a new sheriff in town, and the old one is becoming a visiting judge. Simon Leis, who served as sheriff for 25 years, is best known for going after an allegedly obscene Robert Mapplethorpe exhibit and prosecuting pornographer Larry Flynt. As visiting judge, he will take on cases other judges are assigned but can’t get to due to full dockets.

An appeals court is allowing City Gospel Mission to move to Queensgate. The special assistance shelter wants to move from its current Over-the-Rhine property to Dalton Avenue, but businesses and property owners at Queensgate oppose the relocation. In its opinion, the Ohio First District Court of Appeals said opponents to the relocation “have not raised any genuine issues of material fact in support of their constitutional attack upon the notwithstanding ordinance in their capacity as neighboring businesses and property owners.”

Butler County nonprofit services are worried that a greater need for their services in 2013 will force more budget tightening.

U.S. retailers did not have a good Christmas. Holiday sales were at the lowest they’ve been since 2008. The disappointing sales have forced retailers to offer big discounts in hopes of selling excess inventory.

Former president George H.W. Bush is in intensive care “following a series of setbacks including a persistent fever,” according to his spokesperson.

The Food and Drug Administration says FrankenFish, a giant, genetically modified salmon, is environmentally safe.

Fun fact: More Iranians worry about global warming than Americans. 

Colleges are now helping students scrub their online footprints.

Antifreeze now tastes bitter to deter animals and children from eating it.

Scientists have developed a highly advanced robot boy capable of doing chores. Keep its face in mind, for you could be looking at the first of our future robot overlords.

 
 
by Andy Brownfield 12.26.2012
Posted In: Courts, Governor, News, Police at 03:09 PM | Permalink | Comments (0)
 
 
simon leis

Leis to Stay on Public Payroll

Retiring sheriff will take visiting judge job in 2013

Outgoing Hamilton County Sheriff Simon Leis is retiring after his current term and Jim Neil will replace him on Jan. 6, 2013, but that doesn’t mean Leis is done with public life.

The lawman best known for the raid of the Contemporary Arts Center over an allegedly obscene Robert Mapplethorpe exhibit and his prosecution of pornographer Larry Flynt will begin serving as a visiting judge in 2013, according to letters first published by The Enquirer.

Before being appointed sheriff, Leis served as a Hamilton County Common Pleas judge from 1982 to 1987. Prior to that he was Hamilton County prosecutor for 12 years.

The letters dated May 1, 2012 and Oct. 22, 2012 indicate that Leis wrote Ohio Supreme Court Chief Justice Maureen O’Connor to let her know he was retiring and was interested in being assigned as a visiting judge.

Visiting judges are in charge of all of the cases other judges are assigned but can’t get to due to full dockets. Leis will be paid the standard visiting judge rate of $60.68 per hour.

Since Leis last served as judge 25 years ago, O’Connor is requiring him to shadow another judge for a day or so to get back up to speed. Leis has kept his law license current since becoming sheriff.

 
 
by German Lopez 12.26.2012
Posted In: News, Courts, Education, Budget, Spending at 10:13 AM | Permalink | Comments (0)
 
 
kasich_2

Morning News and Stuff

CPS helps rework school funding, cuts mean less teachers, judges against double-dipping

Cincinnati Public Schools seems to be playing a big role in reforming Ohio’s school funding formula. Superintendent Mary Ronan got a call from Gov. John Kasich’s office about the per-pupil funding formula CPS uses to distribute funds to its schools. It seems the state might adopt a similar method, but Ronan is cautious: “I do think it's one of the ways you could do it, a per-pupil funding, but I have to say, we were always tweaking every year ... because sometimes those formulas can be a bit off and any time we saw one school getting a lot more than another ... we tried to refine it every year over probably the 15 years we have used it.” She also notes schools are getting “bare minimum” funding right now. CityBeat covered budget problems at CPS here.

In general, state budget cuts have led to fewer teachers in Ohio schools. Gov. Kasich previously urged schools to focus on classroom instruction, but it seems the words aren't being followed up with proper funding.

Southwestern Ohio judges are clashing over double-dipping. The practice involves government workers retiring and getting rehired so they can collect pensions and a paycheck at the same time. At a meeting, Hamilton County Judge Melba Marsh said she wants to allow Magistrate Michael Bachman to retire and then be rehired so he doesn't lose a 3-percent increase to his retirement, which is otherwise being eliminated by the Ohio Public Employees Retirement System after 2012. But the move has been met with resistance from other judges.

For Cincinnati hospitals, Medicare changes mean some loss and some gain.

The online campaign urging Macy’s to dump Donald Trump circled a “Dump Trump” billboard around Macy’s headquarters. The anti-Trump movement has gained about 680,000 signatures since it started.

On Christmas Eve, some spent time with family, while Butler County Deputy David Runnells helped deliver a baby in the back of a car during an emergency call.

Ohio will use $20 million out of $200 million in casino funds to train incumbent workers. Gov. Kasich says the program could help avoid layoffs.

It seems Mitt Romney's presidential campaign really thought they were going to win. In campaign memos leading up to the election, campaign staff said the race was “unmistakably moving in Mitt Romney’s direction,” and the campaign ridiculed the possibility of losing Ohio due to the Romney campaign’s “better ground game.” But President Barack Obama had a much larger ground game for one-on-one interaction, which is one of the factors former Romney staff now say led to their demise. But whatever. Romney didn't want to be president, anyway, says son Tagg Romney: He wanted to be president less than anyone I’ve met in my life. He had no desire to ... run.

Fiscal cliff talks aren’t going well. President Obama cut his vacation early to work out negotiations. If Republicans and Democrats can’t work out their problems, a series of spending cuts and tax hikes dubbed the “fiscal cliff” will kick in throughout 2013. But it’s looking more and more likely the nation will head off the cliff, considering U.S. Speaker John Boehner can’t even pass tax hikes on people making more than $1 million a year.

Ever wonder what dinosaur meat would taste like? Well, Popular Science has that covered.

 
 
by James McNair 12.14.2012
Posted In: News, Women's Health, Courts at 03:37 PM | Permalink | Comments (0)
 
 
rlyons

Judge Who Sealed Miami Rape Flier Case Defends Decision

Lawyer denies a plea occurred, contradicting previous explanation

The Butler County judge who granted the anonymity of a former Miami University student convicted of posting a rape tips list on campus is standing by his decision.

Area 1 Court Judge Robert Lyons ordered all case records sealed Nov. 8 after the student pleaded guilty to disorderly conduct and agreed to pay an undisclosed fine. Six days later the Cincinnati Enquirer sued Lyons in the Ohio Supreme Court, arguing that the case file is a public record.

Lyons, represented by Butler County Prosecuting Attorney Mike Gmoser, filed his answer Thursday. He denied violating the Enquirer’s claim of a constitutional right to a hearing where it could have argued against secrecy.

That Lyons is standing his ground comes as no surprise, but his answer contains one head-scratching statement. He — that is, Gmoser — wrote that “there was no plea” in the case. Yet in a first-person account of the case in the Miami University Student on Nov. 8, Gmoser wrote that the defendant pleaded guilty. The court’s own schedule for Nov. 8 says the case was up for the entry of a guilty plea.

 
 
by James McNair 12.10.2012
Posted In: Courts, Women's Health, News at 09:19 AM | Permalink | Comments (0)
 
 
mu rape flier

Court Might Reveal Identity of Miami Rape Flier Author

Ohio Supreme Court has until Dec. 14 to consider settlement over sealing of case

The sealing of a criminal court case involving a former Miami University student who posted a “Top Ten Ways to Get Away with Rape” flier in a freshman dormitory now has the presiding judge defending his decision to the Ohio Supreme Court. And he’s doing it with the help of the Butler County prosecutor who endorsed the secrecy.

Robert Lyons, whose part-time job as the judge for Butler County Area I Court supplements his income as a practicing attorney, took the student’s guilty plea to disorderly conduct on Nov. 8. At the request of the young man’s lawyer, Dennis Deters, the judge ordered the case file and all printed references to the defendant’s name sealed from public view. The order extended to paperwork generated by the Miami University Police Department. In effect, other than the press coverage it received, all record that the crime was committed and the perpetrator was brought to justice doesn’t exist.

Six days later, the Cincinnati Enquirer filed suit against Lyons with the Ohio Supreme Court. It said Lyons erred by issuing a “blanket” seal of the case. It said he failed to “find by clear and convincing evidence that the presumption of public access is outweighed by a higher interest” and further failed to conduct a hearing where the Enquirer could argue for public access. The Enquirer didn't mention in its initial report on the plea deal an intent to sue over the sealing, and to date it hasn’t reported on its own lawsuit. 

Lyons was given until Dec. 14 to file an answer. What’s weird is that Lyons is represented by Butler County’s Prosecuting Attorney, Mike Gmoser. In Ohio, the county prosecutor serves as legal counsel for county government, county agencies and school districts — and represents them in court — as standard practice. As a private practitioner, though, Lyons specializes in defending people accused of drunken driving. Guess who sits at the opposing counsel’s table in those cases? Yes, Gmoser’s deputy prosecutors.

Lyons’ unusual role as defender and decider of DWI cases drew umbrage from Gmoser in March. According to the Hamilton Journal-News, Lyons the judge was about to rule on a motion to disallow the results of an Intoxilyzer 8000 blood-alcohol testing device in a DWI case. Lyons the lawyer, meanwhile, had challenged the validity of the machine in other cases, and his firm ran seminars about its failings. At Gmoser’s request, a higher court judge in July ordered Lyons to step down from hearing 10 pending DWI cases.

Last Thursday, in his initial response to the Enquirer’s lawsuit to open the rape tipster’s court file, Lyons hinted at the possibility of not fighting the suit. He asked to have until Dec. 14 to file a full response “so as to give settlement discussions an opportunity to come to fruition.”

 
 

 

 

 
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