Thursday, August 30, 2007

Medical Mart Blog Crows; Fred Nance is Clueless

I commented on the Medical Mart Blog in response to this post. I am certain the moderator of the comment will not let it get published, so here it is for you all to enjoy.

Ahem. Excuse me. But there was not a lack of support for the referendum petition. There was a lack of time to collect the required signatures. Please don't dilute yourselves into thinking that the failure to timely collect enough signatures translates into community support for the manner in which this project is being funded. Fred -- if you're this dense, then I'm not sure you're the best person to be negotiating this deal.

CEP

UPDATE: as of 11:00 a.m., my comment is "still awaiting moderation."

UPDATE: as of 4:00 p.m., my comment is "still awaiting moderation."

FINAL UPDATE: It's 9:50 p.m. and my comment is no longer awaiting moderation, but -- to no one's suprise, does not appear on the post. There's a shocker.

The Best Jurisprudence Money Can Buy

Last week, the Ohio Supreme Court issued a ruling and opinion in the matter of Snyder v. Am. Family Ins. Co., 114 Ohio St.3d 239, 2007-Ohio-4004.

The practical result of this ruling is that you, Mr. and Mrs. Citizen, are no longer protected by your uninsured motorist coverage against injuries and damages caused by any person or entity that is entitled to political subdivision immunity under R.C. 2744.

Okay, lawyer-man, what does this mean in the language of real people, you ask? Well, let's start with a real life scenario:

Rookie, un-paid auxiliary police officer responding to his first "call" ever, to assist another officer at a routine traffic stop, races with lights (maybe, witness accounts differ), but no sirens through a busy commercial district at 80 to 84 miles per hour and t-bones a car coming out of a business driveway, killing the driver, a husband and father of two.

Family has bought and paid the premiums for $800,000 of uninsured motorist insurance coverage. Family sues auxiliary police officer and the political subdivision he works for. Auxiliary police officer and political subdivision assert immunity defense under state law. Family can try to defeat immunity, but it VERY difficult to do and would very likely take 3 years of litigation, possibly all the way to the Ohio Supreme Court and back.

Ohio's uninsured motorist law defines what constitutes an "uninsured motorist" for purposes of triggering the kind of insurance coverage family bought. One of the definitions of "uninsured motorist" is: any person or entity immune under R.C. 2744.

So, prior to the decision last week in Snyder, if the family cannot defeat the immunity asserted by the auxiliary police officer and the political subdivision, essentially making them uninsured, the family can collect against the uninsured motorist coverage they paid for, specifically to protect themselves against wrongdoers who have no insurance, or in this case, are immune from liability.

After the decision in Snyder, the insurance company doesn't have to pay the benefits because of the court's interpretation of the insurance policy language. I'll spare you the technical legal mumbo-jumbo of the court's decision and get to the point:

Every uninsured motorist policy written in the State of Ohio has the same language relied on by the Court to allow the insurance company to not have to pay uninsured benefits to insured persons when injured by a person or entity who is immune from liability under R.C. 2744.

What does this mean for you? If you are out driving with your family and are hit and injured (or worse killed) by any vehicle operated by a political subdivision (e.g. police, fire, city, county, state, RTA, Metroparks, etc., etc, etc.) you are no longer protected by your uninsured motorist coverage. (Unless the limits of your coverage exceed the limits of the entity that hit you and you successfully beat the immunity, which is darn near impossible.)

You may or may not know that the judges of the Ohio Supreme Court are elected in partisan elections. In recent years, the United States Chamber of Commerce and the Insurance Industry has poured millions and millions of dollars in hard and soft money in order to get judges on the Ohio Supreme Court who are sympathetic to business and industry and insurance companies and, who, frankly, don't give a damn about flesh and blood people.

So what we have in Ohio is the best jurisprudence money can buy. This case makes me ashamed to be a member of the legal profession in this state.

CEP

UPDATE: In fairness, I should point out that this was not a unanimous decision by the court.

Justice Cupp wrote the opinion; Justices Lundberg Stratton, O'Connor, O'Donnell and Chief Justice Moyer concurred.

Justices Pfeifer and Lanzinger, dissented.

Remember folks, these people are elected.

CEP

Monday, August 27, 2007

Just Say "No" to Deborah Sutherland and Her Ilk

PD's Political reporter (er, blogger) Mark Naymik recently posted:

Cuyahoga County Republican Party leaders are pushing Bay Village Mayor Deborah Sutherland to run for a larger office.

The Republican Party is desperate to see one of its own win a seat on the three-member county commission - ruled by three big-name but slow-moving Democrats: Jimmy Dimora, Tim Hagan and Peter Lawson Jones. Hagan and Jones are up for re-election next year. Hagan has not made up his mind about whether he'll run again. "I would never run against Tim," Sutherland said, though she won't say if she will seek the seat if Hagan retires.

The Republicans' reluctant star

This is the same Deborah Sutherland who publicly supported the sales tax hike for the supposed Med/Con project. Yeah, she'll bring a refreshing change to the County Commission; my butt. Why would she never run against Tim Hagan? What kind of a back-room inside deal was cut there, I wonder? The so-called desperation of the county Republican party leadership to gain a seat on the county commission is belied by the fact that only one, ONE, suburban Republican mayor came out publicly against this sales tax scheme (Dennis Clough of Westlake). So much for the anti-tax and spend party. Perhaps it is time for a true third party, or perhaps all of us who live in the real world and who choose to participate in the public process to actually benefit our fellow citizens instead of ourselves and our cronies, need to stand up in our own political parties in large enough numbers to say: STOP!

One of the tremendous successes of the Put It On The Ballot.com initiative (that I'll be posting more about in the coming days) was the coming together of folks from such divergent backgrounds as urban/suburban, rich/poor, conservative/liberal, Republican, Democrat, Green, Libertarian, Catholic, Jewish, protestant, etc. all for the sole purpose of uniting together to tell "our" elected leaders that the "old politics" of Cleveland is killing us and we've had enough. We want good government, transparency, accountability, and a real plan for growing our economy and providing essential services to all of the citizens who live, work, play and die here (not just Forest City). We want to be involvedin these decision making processes and not treated like human ATM machines for the next great taxpayer funded scheme the back-room dealing politicos can concoct.

Deborah Sutherland and the likes of her, regardless of political affiliation, be warned:

We're mad as hell, and we not going to take it anymore!!!

We put aside our differences (some of them significant obstacles that would have otherwise prevented some of these folks from even being in the same room together, let alone rolling up their sleeves and getting down to business together) and came together for a common purpose.

We're growing in numbers, and getting more organized and sophisticated by the hour. The days of the "old ways" are numbered. Be on the look-out for a more engaged, active citizenry that will no longer be divided on relatively inconsequential issues, but who will join forces on the most important ones and knock your socks off.

CEP

Wednesday, August 22, 2007

Bill Callahan on Frank Jackson...

Bill Callahan of Callahan's Cleveland Diary is one of the most insightful bloggers and, well, people for that matter, that I know.

He writes today about the "Murder" crisis in the media and what Frank Jackson is/should and is not/should not (be) doing about it.

I am a frequent poster about public safety issues in Cleveland and about Frank Jackson, too. I have been critical about Frank Jackson's seeming lack of understanding of the need to make public safety job #1 in Cleveland. I even reluctantly praised Channel 19 for calling attention to the issue.

Bill's insightful post got me thinking today and helped me clarify my feelings about Frank Jackson.

I am of two minds about Frank Jackson. As a leader and politician, I couldn't agree more with what Cool Cleveland contributor Mansfield B. Frazier had to say about him recently. Also, I think Bill Callahan is right-on when he says the Mayor needs to reconnect with the people directly and not through dog and pony shows in the news media.

And connect with them he has. Since Mayor Jackson took office, I have personally attended at least a dozen or more local community events (events that most people would consider insignificant in the grand scheme of things) where Mayor Jackson has not only been present, but accessible to the people. I have seen him stand and patiently wait until every citizen present who wanted to bend his ear a little bit had their chance; I've seen him pose for countless pictures. I couldn't agree with Mansfield Frazier more that Mayor Jackson is all substance and no flash.

But, (there's always a "but") -- people are feeling less safe in their homes and neighborhoods, and that is just a fact.

Whether that fact is based on reality or is created by the distorted view of the world the news media brings us is of import, but doesn't change the resulting fact. My only criticism of the Mayor is that he has not found a way to get his message out on a wide-scale basis to help the body politic understand as a group that things are under control; that he has a plan and is not just reacting to news reports; there are reasons behind the decisions he is making and what those reasons are. I don't want dog and pony shows just to placate the news media. The mayor has proven that he is a greater leader and communicator on a one-to-one and small group basis. He needs to find a way to communicate to the whole city in the down-to-earth, matter-of-fact way he communicates on a smaller scale.

As for my other mind about Frank Jackson -- I just respectfully disagree with some of Frank Jackson's policy choices, especially budget priorities. See prior posts here, here and here. I have called for a significant increase to the ranks of our public safety forces, especially the police, to take back out streets -- and not just from the violent crimes that Bill Callahan's excellent post illuminates, but from the quality of life crimes -- drug dealing, vandalism, scrapping out houses, noise, and general issues related to thuggery.

For that we need more police. In addition, and this is where I diverge somewhat from Bill Callahan; we need enough of a police presence to, if not prevent, then at least deter crime from happening in the first place. For that, we need much more police.

CEP

Check Out What Jeff Hess has to say today...

Even though I am neutral on the concept of a medical mart and convention center idea, I could not have said it better than Jeff Hess of Have Coffee Will Write did today with regard to how our leaders are funding it:

I love that phrase entitlement mentality. Sounds like Mayor Funkhouser is
talking about Ronald Reagan’s welfare queens or the Downtown Cleveland Alliance’s panhandlers. But he’s not. Mayor Funkhouser is talking about the parasitic class of leeches that passes for visionary leadership in Cuyahoga County.

You know, like the people who want yet another public-funding boondoggle to pay money into the county’s general fund with the will-o-wisp intent of building a convention center?

What would I have trailing behind an airplane in the sky above Cleveland? How about:

Taxpayers aren’t getting their money’s worth.


Click here for the full post.

CEP

Friday, August 17, 2007

Check out this week's feature/cover story in Cleveland Scene by Lisa Rab.

Why Are You Still Paying Him?
Utilities Director Julius Ciaccia has been at the center of corruption scandals for 15 years.


Interesting and in-depth article on the culture at the Water Department and Utilities.

My insider sources have told me that there is more than a grain of truth to Lisa's story.

CEP

Rumors about Cleveland Clerk of Council Debunked

I have been hearing rumors lately about Emily Lipovan, Clerk of City Council, relating to her either quitting her post and/or being fired and contemplating a lawsuit against the city.

My sources have confirmed that neither rumor is true. So, if you've heard these rumors and you're perpetuating them, you can stop, cause it just ain't so.

CEP

Thought for the Day

One of the many intrepid volunteers collecting signatures for Put It On The Ballot.com made this statement recently that is worth mentioning:

"We are going to do this; we are going to do it in a different way; not with money; we're going to do it with people"

We are going to do this. Thank you to everyone who has helped in large and small ways with the truly grass-roots effort to protect our right to vote on critical issues.

CEP

Wednesday, August 15, 2007

One Step Forward and Two Steps Back

Check out Jackson plan: Beef up neighborhood police patrols , a PD article from Cleveland.com today that describes Mayor Jackson's long term plan to increase the number of police officers on the street.

Our message that Public Safety is Job#1 is getting through. Unfortunately, Mayor Jackson's plan is 1/2 genius and 1/2 lunacy.

Transferring officers from Airport to the streets? Bravo! Well done!

Creating more one-man (person) patrol cars? Total disaster.

We're having an impact. This should be our clue to start talking more and more loudly that Public Safety is Job #1.

Please see my previous post How to Pay for More Police Without More Taxes for my plan to increase the number of officers on the streets; not by shifting them around or by artificially and with slight-of-hand tricks of reducing the number of officers per car, but by tightening our belts and holding the line on budget increases in other areas in order to "purchase" more police protection.

CEP

Tuesday, August 14, 2007

An Everyday Hero -- The Story Behind the Story

I was just corresponding with my good friend and neighbor, Margery G. Slatkovsky, by instant messenger. She's a Cleveland Police Officer and I contacted her to congratulate her on being named one of the Ganley Auto Group's police officer of the week last week on WTAM 1100. And also because I want to do a "ride-along" with her, now that I have completed the Citizens Police Academy.

The radio spot reported that she was named an officer of the week for coming to the aid of a stabbing victim who was HIV positive and that she and her fellow officers arrested the suspect and provided first aid to the victim.

Here's what you didn't hear in the radio spot. Officer Margery Slatkovsky was leaning over the stabbing victim (who had been stabbed 9 times) and was placing tourniquets on the victim's severe wounds when the suspect came up behind her. Seeing the suspect, the victim, who couldn't speak because of the wounds, grabbed Officer Slatkovsky's arms with bloody hands. Fortunately Officer Slatkovsky's partner and other officers were nearby and arrested the suspect.

Unfortunately, Officer Slatkovsky had a small open wound on her arm and she is now off-duty for the next several days on anti-viral HIV medication with side effects I won't publish here. She has and will continue to undergo several tests for HIV infection, liver damages, etc., etc., etc. Even though she has been told and knows that there is a less than 1% chance she contracted HIV, she has to wait to find out. Wait, and wait, and wait, and wait.

She is an everyday hero, who would refuse such accolades and only asks that she be treated with respect by her employer and the residents of the City of Cleveland.

Folks -- we do not thank our safety forces enough; we do not pay them enough to do this job; a job I wouldn't want to do and I'm sure many of you wouldn't want to do either. We don't have enough of them on the streets to keep us safe and, as important, them safe.

Call the Mayor's Action Line (216-664-2900) and tell Mayor Jackson that policing, fire protection and safety issues are your top priority in the City of Cleveland and should be his too.

CEP

P.S. Officer Slatkovsky graciously gave me permission to relay this story to you and to use her name.

Folks

Monday, August 13, 2007

Why I Know I'm Right and They're Wrong

Very seldom in life does one get such an affirmation that one is on the right track in the face of overwhelming wrongness than when the wrongness has to resort to high altitude cajoling to get their point across.

Based on what I heard and felt at the Cuyahoga County Fair all last week, they had no choice but to put their message up in the sky -- taking that message to the people on their level (i.e. ground level) would be suicidal.

Over the course of the past week at the fair, I must have said nearly 1,000+ times to folks strolling in front of our booth -- "we are not for or against the convention center or the medical mart and we are not even for or against the tax; we simply think that the people should decide with their vote whether and what for taxes are to be raised."

Obviously, from the previous post, you can tell that I have my own personal doubts about the platitudes offered by the proponents of the medical mart and convention center. However, I did not inject my own view into the cause, but merely stuck to our "big tent" message; to wit: the right to vote on such issues is a fundamental one; a sacred one; one that men and women and children have given the last full measure of devotion for over the course of our nation's 230+ years.

The medical mart may well be the next best thing to sliced bread for the City of Cleveland. Even if I was absolutely convinced of this, the right to vote is, and forever should be, paramount.

CEP

Sunday, August 12, 2007

Top Ten Reasons Why I'm A Lunatic Who Doesn't Want Cleveland to Move Forward

I have just spent an entire week of 10 to 12 hour days collecting signatures for Put It On the Ballot.com at the Cuyahoga County Fair. Now that I have come back to "real life" and things like newspapers and other media, I have been shocked to learn that I (collectively with other people) am being described in some media and other political circles as a "Lunatic Who Doesn't Want Cleveland to Move Forward."



First of all, what possible motive could I, or anyone for that matter, have to prevent Cleveland from moving forward? Seriously folks, how could anyone honestly believe that I would not want Cleveland, where I have invested in a home, am raising my family, and where I have a small business (law practice), to move forward? Anyone who thinks that is much more of a lunatic that I ever was.



I submit to you that not one of the perpetrators of this smear campaign even live in Cleveland proper as I do. And I can assure you that they have no idea what is happening "on the ground" in Cleveland and in its neighborhoods and, furthermore, that they have not one iota of clue about what Cleveland really needs.



That being said, I would like to state for the record the top ten reasons that I think the perpetrators of this smear campaign think that I am a "Lunatic Who Doesn't Want Cleveland to Move Forward." Here they are, a la David Letterman, to whom I offer my profound apologies.



Top Ten Reasons I am Being Derided as a "Lunatic Who Doesn't Want Cleveland to Move Forward"



Number 10. Because I question the wisdom of a tax that finances a public-private partnership venture where the public is putting in $850+ Million over 20 years and the private entities have only proposed risking $2-3 Million of their own money.



Number 9. Because I think the medical mart and convention center are a good idea, but I think it is also a good idea to let the people who are going to pay the tax decide for themselves, by a vote, whether they want to pay more taxes and for what purposes.



Number 8. Because I am concerned that the possible negative impacts of more sales tax (i.e. job losses, population losses, impact on small businesses) haven't been considered and weighed against the positive impacts of a convention center with a medical mart.



Number 7. Because I know this tax was levied before any semblance of a commitment or memorandum of understanding was reached between the City of Cleveland, the County and the medical mart people.



Number 6. Because when Toby Cosgrove, M.D., Chairman of the Cleveland Clinic, who was the impetus for the medical mart idea in the first place, stated to Channel 3's Tom Beres in a television interview that the Cleveland Clinic would not be putting any money into the medical mart because the Clinic is a non-profit organization and the medical mart is a for-profit venture; I screamed back at the television "if the medical mart is a for-profit venture, then why the hell are the taxpayers being asked to fund it!?!??!?!?!?"



Number 5. Because I don't buy the scare tactics of Tim Hagan, Jimmy Dimora and others, including the complicit Plain Dealer, that if we don't pass this tax now, Cleveland is doomed forever; and not only do I not buy the scare tactics, I find them remarkably similar to the scare tactics rationale used by the Bush Administration to justify invading Iraq. But hey, that turned out pretty good.



Number 4. Because I am a critical thinker and reader and just because the Plain Dealer sounds the alarm that New York may get a medical mart in 2012 five years from now I don't fall for their trick and succumb to the scare tactics described in Number 5.



Number 3. Because I have read the Commissioners' resolutions imposing the sales and use tax increases and I know that under the language contained in the resolutions that the revenue from this tax increase is going into the general fund, where it will be untraceable, and we'll simply never know what the money was spent on.



Number 2. Because I have learned that Cuyahoga County's books are going to be audited by the Auditor of State soon, and that one possible alternative reason for this tax increase may be to shore up the financials because the books aren't looking too good.



And the Number 1 Reason why the perpetrators of this smear campaign think I am a "Lunatic Who Doesn't Want Cleveland to Move Forward" -- Because the only guarantee we have that this tax increase will even be used for a convention center and medical mart is the word of two politicians, Tim Hagan and Jimmy Dimora; and I don't trust them.



If, after reading this, you think the perpetrators of this smear campaign are the real lunatics, and/or you think you're just as much of a lunatic as I am; then go to Put It On The Ballot.com and do two things:



1) find where you can sign a petition; and



2) get a petition and circulate it yourself. It's easy, just carry it with you wherever you go. It's not a tough sell, trust me -- for every one person who didn't want to sign at the Fair, there were 25-30 people who were eager to sign and eager to get their family and friends to sign.



Thanks for reading.



CEP

Thursday, August 09, 2007

Put It On The Ballot.Com

Sorry to have been away from commenting on the Cleveland budget and other issues. I have been busy with the effort to collect signatures to put the sales tax increase on the ballot. I am working at a booth at the Cuyahoga County Fair all week to collect signatures.

Our efforts are going well, we have several thousand signatures already in and we're planning on a big presence at the Cleveland Browns exhibition game this weekend and the sold-out Indians game with the Yankees this weekend.

Go to putitontheballot.com for more information.

We need your help to send a message to County Commissioners Tim Hagan and Jimmy Dimora that we want a say in how much tax we pay and for what.

We are not for or against the medical mart and convention center. We are for the right to vote the issue.

Here's how you can help.

--Sign a petition (go to putitontheballot.com to find out where petitions are being circulated).

--Circulate a petition (sign up on the web-site)

-- Volunteer to get signatures at the Browns exhibition tailgate and the Indians games this weekend (sign up on the web-site)