The Observation Deck

I'm asking Sharon to defend her premise, nothing else. Monique probably has a busy enough schedule working full time and campaigning, but I don't speak for her.

How is the act of recommending funding for a civic organization one supports in principle -- an organization from which the person receives no compensation or remuneration whatsoever -- a conflict of interest?

sharon kinsella wrote:Well Kevin, she is a member of a group with a specific agenda, things like shopping malls, hiring people from outside the city for work. An organization who truly has not made an impact with the money they've been given.

Where are the annual reports? I've looked and haven't seen them.

If you are part of an organization that monetarily may benifit from your participation in a funding process there are some serious ethical issues involved. Ask the Cleveland Foundation, The Gund Foundation what there standards and practices are.

What annual reports are you looking for? They've got to show tax returns on request, but they're not legally required to produce an annual report - at least that's been my experience working with 501 organizations. There's a summary of their expenditures in 2008's CDBGs right on the page you linked us to.

How do you expect a business to restrict its hiring to Lakewood residents? Ask the City of Cleveland how well that worked out.

What's wrong with promoting increasing the tax base through higher employment?

Whoever they hire pays taxes to Lakewood, and frankly, the more taxpayers that don't live in the city, the better it is for those of us that do - ask Independence how they like having all those office buildings on Rockside Road. More income, less drain on city services.

Kevin,
I have a question.
Are there any members of the Cleveland Mediation Center, Lakewood Christian Services Center, Lakewood Foundation, North Coast Health Ministry or Spanish American Committee on the CAC?
Rhonda

sharon kinsella wrote:Well Kevin, she is a member of a group with a specific agenda ... . If you are part of an organization that monetarily may benifit from your participation in a funding process there are some serious ethical issues involved.

How does being a "member of" LakewoodAlive, or "part of" that group, confer any benefit on a person? You're throwing those terms around without much care.

Since I added my name to their list years ago, I haven't gotten any dividends, distributions or royalties. I've gotten mass emails. I suspect the same is true of Monique Smith. So why should I now be prohibited from voting on issues impacting this group?

Rhonda loje wrote:Kevin,
I have a question.
Are there any members of the Cleveland Mediation Center, Lakewood Christian Services Center, Lakewood Foundation, North Coast Health Ministry or Spanish American Committee on the CAC?
Rhonda

I don't know. I also don't know what you mean by "members."

Members...just like Monique is a member of LA. Just like you are a member of LA.

Sorry, Rhonda, I'm not following you. I've tried to explain that merely being called a "member" of something doesn't give you any special claims, rights or privileges. That is certainly the case for those who, long ago, signed up to be on LakewoodAlive's mailing list.

Let's use another example: Just because I grew up in Lakewood, love Lakewood, and live in Lakewood, and just because I receive mass emails from city hall on leaf pickup and the like, does that give me some reason not to vote on issues affecting Lakewood?

Kevin,
Let's take another example:

As a member of this organization I should receive the same rights and privileges that other members of this organization should receive. I agree. And that may be true.

Because I have served on a board that has recommended funding for our organization, that organization may have a better chance at getting funding.

That is where the conflict of interest may happen or have the appearance of impropriety.

It's not what the individual gets back from the organization but what the organization gets by having me there.

Rhonda

Kevin,
This could also be especially troublesome if there a 5 other members of this organization that serve with me on this board and no other organizations that we are reviewing recommendations have representation on this board to balance the influence.
Rhonda

For example:

When the Lakewood Historical Society applies for grant money from CAC (cigarette tax funds) we apply to an impartial board. No member of that CAC board has any affiliation with any applicant. It is the only fair way to review the organizations plan for future monies and review the organizations past applications of monies.

It is the only fair way to review all organizations that apply fairly.

A conflict of interest arises when a person charged with voting independently stands to benefit personally from that vote. When merely being called a "member" of an organization confers no benefit on the member, and the member does not stand to benefit from voting to support that organization, there is no conflict.

My wife and I help raise money for the citizens' group that supports the city-run animal shelter because we espouse the ideal of a city-run shelter. Should I recuse myself from voting on the city's annual $35 million operating budget because a sliver of that money goes to a cause (the shelter) in which I take particular interest? No, because I don't stand to gain personally from my vote.

Dear Elected Officals

One would ask of any elected official, in a time of increased concern from their constitutes, to be listened to with respect. To check into their concern and for YOU to find out the facts. And to have the truth told to them. These are, after all, actions and RESPONSIBILITIES which fall under the heading of your job

Residents are here expressing well founded questions as to what is transpiring in Lakewood.

News flash. Every residents concerns has merit.

News flash…. There ARE discrepancies between what City Hall says and what the rest of us see, hear, know and just feel in our guts as plain ole WRONG.

They/we are asking for some fact based truth.

They are sharing with their elected officials the dismay, distrust and utter disgust with what they see happening in Lakewood. Your actions are what has lead them to this mire of distrust. And you guys come on here and respond defensively, with inflammatory personal attacks, and in a belittling tone. You made this mess with the residents. It is your job to clean it up with them.

They are begging you, our elected representatives to REPRESENT them and their intrests.
They are making it perfectly clear that thus far… you haven’t.

They merely want their fears alleviated with Undisputable denials from you City Hall folks.

If what they are saying is so untruthful, so baseless...Why are you City Hall guys just not stating that A.B.C concern is utterly, totally wrong and has no bases in fact. Then explain the facts?


Recent posts made by you guys, our representatives, have been neither insightful nor responsive to the issues being raised by concerned residents.

The comments posted by Lakewood Mayor Ed Fitzgerald and a councilmen have been defensive, personal and contrite in there tone and content.
Neither of these elected officials have denied that anything shady is occurring in Lakewood.
Neither of these elected officials have tried to calm the fears of residents.
They both keep repeating their mantra and keep twisting and weaving around the concerns.

Just how hard is it to investigate the facts, represent your constitutes interests (which by the way are what THEY tell you they are, not what other elected officials and or businesses types tell you is in their best interest) and treat these people as if they were human, have legitimate concerns, are aware of what’s good for them themselves. And they also know what is in Lakewood‘s best interest. Show some humility and realize you are NOT omnipotent . Then deliver and state truth.

Really, how hard is that?

Stop with the attitude, belittling of residents and their concerns and bring some professionalism to not just your selves and this board. But also to Lakewood and the positions you represent.

Bring the facts.

Please

Ok, this has been a pretty good topic for getting my mind going when I should be some billable work. With all the questions of legalities, I found the Ohio Ethics laws online. Should make for some light Saturday morning reading:

http://www.ethics.ohio.gov/ethicslawrevisedcode.html

What I've found so far:

(D) No public official or employee shall use or authorize the use of the authority or influence of office or employment to secure anything of value or the promise or offer of anything of value that is of such a character as to manifest a substantial and improper influence upon the public official or employee with respect to that person’s duties.

(J) For purposes of divisions (D), (E), and (F) of this section, the membership of a public official or employee in an organization shall not be considered, in and of itself, to be of such a character as to manifest a substantial and improper influence on the public official or employee with respect to that person’s duties. As used in this division, “organization” means a church or a religious, benevolent, fraternal, or professional organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3), (4), (8), (10), or (19) of the “Internal Revenue Code of 1986.” This division does not apply to a public official or employee who is an employee of an organization, serves as a trustee, director, or officer of an organization, or otherwise holds a fiduciary relationship with an organization. This division does not allow a public official or employee who is a member of an organization to participate, formally or informally, in deliberations, discussions, or voting on a matter or to use his official position with regard to the interests of the organization on the matter if the public official or employee has assumed a particular responsibility in the organization with respect to the matter or if the matter would affect that person’s personal, pecuniary interests.

So in answer to our questions, it does not appear that simply being a member of an organization is a conflict of interest. One must be on the board or have a monetary stake in the organization.

As far as reporting membership in the organizations, the law states that elected officials have to file a disclosure form, but the only parts that must remain public are positions in which the official stands to gain financially or serves on a board.

So, in a nutshell, it doesn't look like anyone's breaking any laws here.

If a candidate or sitting elected official wanted to produce a list of organizations they belong to, but do not help run, it might be seen by the voting public as a good thing when they get to the polling booths, but it's not required that they do.

Bob Mehosky wrote:What's wrong with promoting increasing the tax base through higher employment?

Whoever they hire pays taxes to Lakewood, and frankly, the more taxpayers that don't live in the city, the better it is for those of us that do - ask Independence how they like having all those office buildings on Rockside Road. More income, less drain on city services.

Bob

I hope you do not mind me pulling this out as it is something I always wonder about.

Is that true?

Independence has 480, and 271, and tons of space. So the example you use is correct,
but in a built out community like Lakewood, is the trade off always the same? If it
was a Cleveland Clinic 8 story building we could probably agree, the tax might be better. Of course in that scenario we loose on property taxes.

If it is a building that is like the three story Baily Building filled with phone solicitors
is it true?

While studying the effects of retail, during the WestEnd, I found the figures on benefits
to be so out of line it was amazing to what was promised. Higher crime figures, minimum
wage jobs, and the potential for decreasing the value of a neighborhood if not full were
pretty staggering. Like the casino debate, jobs and income sure, but what it does to
city services like police, health and human services is staggering.

When I look at the new Dunkin Doghnuts/Baskin Robbins I am glad to see them come in
especially to current retail space. But then it pains me as I see what appears to be the
drive through back next to residential, which will decrease value of those homes, and
eventually has the potential to erode the quiet neighborhood.

The Grow Lakewood Power Point underlines that office space is far better than retail
like the WestEnd was. But one still has to wonder if it is really valuable in Lakewood
at this point and time for a variety of reasons. The three biggest would be competition,
location, and collabortive software that makes offices unneeded.

Back in the days of the Visionary Alignment for Lakewood, we looked at retail, commercial,
and what Lakewood has almost always been a bedroom community. Which is the surer
bet for Lakewood, and what can be implemented the quickest. In all cases we came back
tothe VAL credo, CLEAN, SAFE, FUN. If a city is clean(streets/housing/parks), and if it
is safe(police/fire/businesses/walkability) and fun(entertainment, recreation) with a
good location it should be easier to accomplish here than anywhere outside of a very few cities in the region. This should be able to attract another 10,000 - 15,000 residents
which give us taxes, and makes all businesses more solvent, for more taxes.

No real answer, but while working with Cleveland City Council on the chicken law I
found out that city maintenance from least expensive to most expensive for what was brought in to maintain was; community gardens, residential, parks, commercial, retail, vacant property.

No real answer, your post had me wondering what is best for Lakewood.

.

Kevin Butler wrote: probably has a busy enough schedule working full time and campaigning...

Kevin

I mean this from the heart, not directed at anyone.

Straight up question, to a member of council, and a
person, no make that family, I truly appreciate and enjoy.

Does Lakewood need, or deserve full time council members?

While working in other cities, I am amazed at how little
Lakewood City Council, and for that matter Schoolboard
is compensated for the hours it takes?

The reason I bring this up is I often speak with members
of council, and all mention the workload of two jobs.

In Cleveland I believe it is $75,000 a year, office,
personal assistant, budget for ward.

What can we do, to give members more time and help?

.