Julie and the Enquirer report that Jean-Robert at Pigall's will close next month. It's somewhat ironic that the announcement comes on the same day Mobil announced that Jean Robert's would again receive four stars, the only restaurant in the state to achieve that honor. There had buzz for several months (including at Wine Me Dine Me, I believe) that something was amiss in the partnership that comprises the Jean-Robert Restaurant Group.
I will always be grateful that I was able to enjoy a meal at Pigall's (at someone else's expense, no less). I've eaten at good restaurants before, but there's something quite special about "fine dining." It's as if, for your entire life, the only music you heard was performed by high school bands and orchestras (and sure, some can be quite good, for high school kids). And then one day you're transported into a performance by the New York Philharmonic. Jean-Robert at Pigall's is simply a different league of cuisine. There's no point in comparing it to 99% of the other restaurants on the planet.
It appears that for the time being, M. de Cavel will remain in Cincinnati. One hopes that he'll try for another fine-dining restaurant in the future.
One also hopes a use will be found for the Pigall's building quite soon.
Thursday, January 22, 2009
Wednesday, January 21, 2009
Zero Tolerance Makes Zero Sense
It turns out that in my post on Mason's school closings, I was right about two things: first, that the culprits were Mason students, and second, that law enforcement officials would over-react when they found someone they thought was responsible.
I was wrong, though, about the charges that could be brought: three Mason juveniles have been charged with disrupting public services, a fourth-degree felony. (The charge fits; this link will take you to the relevant statute.)
There was a time, not so long ago, when something like this would have been handled entirely by school officials. But not anymore. Zero tolerance means that we have to criminalize every act that bothers us, all the time. We also see this phenomenon in adult court all the time: sit in a municipal courtroom on any day and you're likely to see at least one person charged with "telephone harassment" because he or she said something (or texted something) to a significant other that the significant other didn't like. Is that really how we want to use the criminal courts' time?
So for a prank that caused a snow day but no permanent damage, three teenagers might be labeled convicted felons. (And for those who think juvenile crimes don't matter after you turn 18, you're sadly mistaken.)
And just to preempt any crazy commenters: I don't care that these kids are (probably) white and (obviously) suburban. If these were three kids from Hughes High School, I'd be advocating the same thing: let the school system handle it.
If I were in charge of the universe, I'd order these kids to serve a long school suspension--one day shy of whatever would cause them to fail every class for attendance reasons. I'd make them do a massive amount of community service, and then write some heinously long essay afterward on what they'd done and what they'd learned. And I'd probably ban them from any non-academic extracurricular activity for the rest of this year and all of next.
School discipline will impact the kids' ability to get into college. But a felony record? That will hamper them for years to come. It's unfortunate that our society has decided to handle so many situations by resorting to the criminal justice system. And I hope that at some point prior to the resolution of these cases, cooler heads will prevail.
I was wrong, though, about the charges that could be brought: three Mason juveniles have been charged with disrupting public services, a fourth-degree felony. (The charge fits; this link will take you to the relevant statute.)
There was a time, not so long ago, when something like this would have been handled entirely by school officials. But not anymore. Zero tolerance means that we have to criminalize every act that bothers us, all the time. We also see this phenomenon in adult court all the time: sit in a municipal courtroom on any day and you're likely to see at least one person charged with "telephone harassment" because he or she said something (or texted something) to a significant other that the significant other didn't like. Is that really how we want to use the criminal courts' time?
So for a prank that caused a snow day but no permanent damage, three teenagers might be labeled convicted felons. (And for those who think juvenile crimes don't matter after you turn 18, you're sadly mistaken.)
And just to preempt any crazy commenters: I don't care that these kids are (probably) white and (obviously) suburban. If these were three kids from Hughes High School, I'd be advocating the same thing: let the school system handle it.
If I were in charge of the universe, I'd order these kids to serve a long school suspension--one day shy of whatever would cause them to fail every class for attendance reasons. I'd make them do a massive amount of community service, and then write some heinously long essay afterward on what they'd done and what they'd learned. And I'd probably ban them from any non-academic extracurricular activity for the rest of this year and all of next.
School discipline will impact the kids' ability to get into college. But a felony record? That will hamper them for years to come. It's unfortunate that our society has decided to handle so many situations by resorting to the criminal justice system. And I hope that at some point prior to the resolution of these cases, cooler heads will prevail.
Fries Cafe Willl Open Tonight
The Enquirer is reporting that Fries Cafe in Clifton will re-open tonight as scheduled after a fire caused $20,000 worth of damage.
The Heartless Bastards on Letterman Feb 10th
Mike Breen of CityBeat is reporting that the Heartless Bastards will be playing the David Letterman Show on February 10th! Huge news for them! I haven't been watching Letterman for years now, but I am very glad he show has found a great band to showcase. This may be the break the Bastards need.
New Blogs
There are several new blogs I am adding to the side bar:
1st is cincinnati imports which includes very interesting insight from two ladies who like Cincinnati, but don't get why it's difficult to meet people here. I for one blame the natives!
2nd is Cincinnati Oddities a very new blog which highlights stuff you may not know about Cincinnati.
3rd is CincyStreetcar Blog which is of course the new blog from the group supporting the Streetcars in Cincinnati.
1st is cincinnati imports which includes very interesting insight from two ladies who like Cincinnati, but don't get why it's difficult to meet people here. I for one blame the natives!
2nd is Cincinnati Oddities a very new blog which highlights stuff you may not know about Cincinnati.
3rd is CincyStreetcar Blog which is of course the new blog from the group supporting the Streetcars in Cincinnati.
Tuesday, January 20, 2009
Numbers Problem
Rick Warren is being criticized in some circles for his overtly Christian invocation. I'm more concerned with his mathematical deficiencies.
At some point during his prayer, he references "America's peaceful transfer of power for the 44th time." (Leave aside for a moment the awkwardness of this phrase.)
While President Obama is indeed the 44th person to be inaugurated, there have been just 43 peaceful transfers of power: I'm sure neither the British nor our own Continental Army would have described the first transfer of power, culminating in George Washington's inauguration, as "peaceful."
At some point during his prayer, he references "America's peaceful transfer of power for the 44th time." (Leave aside for a moment the awkwardness of this phrase.)
While President Obama is indeed the 44th person to be inaugurated, there have been just 43 peaceful transfers of power: I'm sure neither the British nor our own Continental Army would have described the first transfer of power, culminating in George Washington's inauguration, as "peaceful."
An Amazing Day . . . . . .
As a child of the segregated South in his 50s, I have to say that this is a day I never thought I would witness. There are many difficult days ahead and much repentance to be done by a nation that has ignored its Constitution and founding principles on its road over the past eight years to becoming a torture nation ---- but today, let us celebrate and offer a smile to the cosmos . . . . . .
Now even as we speak, there are those who are preparing to divide us -- the spin masters, the negative ad peddlers who embrace the politics of "anything goes." Well, I say to them tonight, there is not a liberal America and a conservative America -- there is the United States of America. There is not a Black America and a White America and Latino America and Asian America -- there’s the United States of America.
The pundits, the pundits like to slice-and-dice our country into Red States and Blue States; Red States for Republicans, Blue States for Democrats. But I’ve got news for them, too. We worship an "awesome God" in the Blue States, and we don’t like federal agents poking around in our libraries in the Red States. We coach Little League in the Blue States and yes, we’ve got some gay friends in the Red States. There are patriots who opposed the war in Iraq and there are patriots who supported the war in Iraq. We are one people, all of us pledging allegiance to the stars and stripes, all of us defending the United States of America.
In the end -- In the end -- In the end, that’s what this election is about. Do we participate in a politics of cynicism or do we participate in a politics of hope?
I’m not talking about blind optimism here -- the almost willful ignorance that thinks unemployment will go away if we just don’t think about it, or the health care crisis will solve itself if we just ignore it. That’s not what I’m talking about. I’m talking about something more substantial. It’s the hope of slaves sitting around a fire singing freedom songs; the hope of immigrants setting out for distant shores; the hope of a young naval lieutenant bravely patrolling the Mekong Delta; the hope of a millworker’s son who dares to defy the odds; the hope of a skinny kid with a funny name who believes that America has a place for him, too.
Hope -- Hope in the face of difficulty. Hope in the face of uncertainty. The audacity of hope!
In the end, that is God’s greatest gift to us, the bedrock of this nation. A belief in things not seen. A belief that there are better days ahead.
Now even as we speak, there are those who are preparing to divide us -- the spin masters, the negative ad peddlers who embrace the politics of "anything goes." Well, I say to them tonight, there is not a liberal America and a conservative America -- there is the United States of America. There is not a Black America and a White America and Latino America and Asian America -- there’s the United States of America.
The pundits, the pundits like to slice-and-dice our country into Red States and Blue States; Red States for Republicans, Blue States for Democrats. But I’ve got news for them, too. We worship an "awesome God" in the Blue States, and we don’t like federal agents poking around in our libraries in the Red States. We coach Little League in the Blue States and yes, we’ve got some gay friends in the Red States. There are patriots who opposed the war in Iraq and there are patriots who supported the war in Iraq. We are one people, all of us pledging allegiance to the stars and stripes, all of us defending the United States of America.
In the end -- In the end -- In the end, that’s what this election is about. Do we participate in a politics of cynicism or do we participate in a politics of hope?
I’m not talking about blind optimism here -- the almost willful ignorance that thinks unemployment will go away if we just don’t think about it, or the health care crisis will solve itself if we just ignore it. That’s not what I’m talking about. I’m talking about something more substantial. It’s the hope of slaves sitting around a fire singing freedom songs; the hope of immigrants setting out for distant shores; the hope of a young naval lieutenant bravely patrolling the Mekong Delta; the hope of a millworker’s son who dares to defy the odds; the hope of a skinny kid with a funny name who believes that America has a place for him, too.
Hope -- Hope in the face of difficulty. Hope in the face of uncertainty. The audacity of hope!
In the end, that is God’s greatest gift to us, the bedrock of this nation. A belief in things not seen. A belief that there are better days ahead.
History, Joy, & Pride
I will be taking my lunch early today to watch Barack Obama be sworn in as President of the United States of America. Today is monumental for our country. We have taken a great step forward. I feel pride in what we have done. I am joyous for change. I will be celebrating the greatest thing about America - the rule of law. We shall witness the peaceful transfer of power today and you don't see that happen in any country with the might and power we possess.
The road ahead for the new President is very difficult, but I am optimistic we shall be better off under his leadership.
The road ahead for the new President is very difficult, but I am optimistic we shall be better off under his leadership.
Monday, January 19, 2009
The Blue Ball - Final Reminder
The Blue Ball is an inauguration celebration featuring a dance party with DJ Apryl Reign, food catered by Melt and The Hideaway, games, prizes, special guests and drinks. Guests are encouraged – but not required – to wear formal attire.
The Blue Ball has no cover charge, but we will be accepting donations of non-perishable food items and cash to benefit the Freestore Food Bank.
The Blue Ball is a nonpartisan event celebrating a once-in-a-lifetime historical milestone. Whether your politics are red, blue, green or somewhere in between, you are all invited to celebrate this historic moment with great music, among good friends.
“We hope that everyone feels welcome at this party, regardless of political affiliation,” says Eric Appleby, co-host of The Blue Ball. “Ultimately, the inauguration isn’t about winning or losing. When you consider the recent coups and ongoing chaos in other countries, you realize that the peaceful transfer of power is a pretty remarkable part of our democracy.”
“In the end, that's what this election is about. Do we participate in a politics of cynicism or a politics of hope?” – Barack Obama
Event Details
What: The Blue Ball
Who: Cincy Rocks Obama and you!
Where: Northside Tavern, 4163 Hamilton Avenue, Cincinnati, Ohio.
When: Tuesday, January 20, 2009 at 8 pm.
Why: To celebrate the inauguration of the 44th President of the United States and the
historical mandate for change
More info: www.cincyrocksobama.com
Cincy Rocks Obama unites local musicians, fans & friends to REGISTER, EDUCATE, & MOTIVATE voters for Obama.
The Blue Ball has no cover charge, but we will be accepting donations of non-perishable food items and cash to benefit the Freestore Food Bank.
The Blue Ball is a nonpartisan event celebrating a once-in-a-lifetime historical milestone. Whether your politics are red, blue, green or somewhere in between, you are all invited to celebrate this historic moment with great music, among good friends.
“We hope that everyone feels welcome at this party, regardless of political affiliation,” says Eric Appleby, co-host of The Blue Ball. “Ultimately, the inauguration isn’t about winning or losing. When you consider the recent coups and ongoing chaos in other countries, you realize that the peaceful transfer of power is a pretty remarkable part of our democracy.”
“In the end, that's what this election is about. Do we participate in a politics of cynicism or a politics of hope?” – Barack Obama
Event Details
What: The Blue Ball
Who: Cincy Rocks Obama and you!
Where: Northside Tavern, 4163 Hamilton Avenue, Cincinnati, Ohio.
When: Tuesday, January 20, 2009 at 8 pm.
Why: To celebrate the inauguration of the 44th President of the United States and the
historical mandate for change
More info: www.cincyrocksobama.com
Cincy Rocks Obama unites local musicians, fans & friends to REGISTER, EDUCATE, & MOTIVATE voters for Obama.
Saturday, January 17, 2009
Kennedy Case Continues On Alternate Trajectory
Last month, I suggested that the criminal assault case against Andy Kennedy is proceeding differently than it would if Kennedy were an indigent defendant. That trend seems to be continuing.
The case against Kennedy has been scheduled for a jury trial in April. At Kennedy's request, the court granted a three-month continuance so that the case would not be heard before the conclusion of the NCAA Men's Basketball Tournament. (That is, perhaps, awfully optimistic on Kennnedy's part. His Rebels haven't made the tournament since 2002. Assuming the SEC gets 6 teams into the tourney this year, Mississippi, at 10-6 overall and 1-1 in the conference, won't be one of them without significant improvement.)
While a court will generally do what it can to accommodate a defendant's work schedule, a three-month continuance is relatively rare and would have had to be specifically approved by the court. Generally, municipal court dates are set by the Office of the Assignment Commissioner. Currently, someone who goes there to set a court date can get a date in January, February, or March; April is not yet "open" by the AC. The municipal court judge handling Kennedy's case had to instruct the AC to set the case in April, or it would not have done so. Perhaps the trial should have been set in March, with an understanding it would be continued if Kennedy's team made the tournament.
The civil attorneys who have jumped into the fray, both on behalf of Kennedy and on behalf of the two people he's sued for defamation (the cab driver Kennedy allegedly assaulted and a valet who claims to have seen the alleged assault). On December 22 (just four days after the alleged assault and alleged defamation), Kennedy amended his complaint, adding as a plaintiff his wife, who claims to have suffered a loss of consortium as a result of the alleged defamation.
Really? Loss of consortium in four days? Kennedy will need an expert to explain to the civil jury why the deterioration of his marriage is a result of the assault allegation, rather than Kennedy's professional frustration with his team's mediocre performance (including his team's December 18 loss to Louisville). If I were a more irresponsible blogger, I might suggest that folks send Kennedy self-help books on marriage and relationships to his office at Ole Miss. You just hate to see anyone lose consortium, after all. But that would be a bad idea, so I won't.
Kennedy's accusers have decided not to be left out, either. The Enquirer reports that the cab driver has countersued Kennedy for the alleged assault, and the valet has countersued for damages pertaining to Kennedy's purportedly frivolous defamation suit.
It's good to see that at least we lawyers aren't suffering in the weak economy.
The case against Kennedy has been scheduled for a jury trial in April. At Kennedy's request, the court granted a three-month continuance so that the case would not be heard before the conclusion of the NCAA Men's Basketball Tournament. (That is, perhaps, awfully optimistic on Kennnedy's part. His Rebels haven't made the tournament since 2002. Assuming the SEC gets 6 teams into the tourney this year, Mississippi, at 10-6 overall and 1-1 in the conference, won't be one of them without significant improvement.)
While a court will generally do what it can to accommodate a defendant's work schedule, a three-month continuance is relatively rare and would have had to be specifically approved by the court. Generally, municipal court dates are set by the Office of the Assignment Commissioner. Currently, someone who goes there to set a court date can get a date in January, February, or March; April is not yet "open" by the AC. The municipal court judge handling Kennedy's case had to instruct the AC to set the case in April, or it would not have done so. Perhaps the trial should have been set in March, with an understanding it would be continued if Kennedy's team made the tournament.
The civil attorneys who have jumped into the fray, both on behalf of Kennedy and on behalf of the two people he's sued for defamation (the cab driver Kennedy allegedly assaulted and a valet who claims to have seen the alleged assault). On December 22 (just four days after the alleged assault and alleged defamation), Kennedy amended his complaint, adding as a plaintiff his wife, who claims to have suffered a loss of consortium as a result of the alleged defamation.
Really? Loss of consortium in four days? Kennedy will need an expert to explain to the civil jury why the deterioration of his marriage is a result of the assault allegation, rather than Kennedy's professional frustration with his team's mediocre performance (including his team's December 18 loss to Louisville). If I were a more irresponsible blogger, I might suggest that folks send Kennedy self-help books on marriage and relationships to his office at Ole Miss. You just hate to see anyone lose consortium, after all. But that would be a bad idea, so I won't.
Kennedy's accusers have decided not to be left out, either. The Enquirer reports that the cab driver has countersued Kennedy for the alleged assault, and the valet has countersued for damages pertaining to Kennedy's purportedly frivolous defamation suit.
It's good to see that at least we lawyers aren't suffering in the weak economy.
Friday, January 16, 2009
Clever Mischief Closes Mason Schools
The Enquirer reports that Mason schools were forced to close today because last night, someone snuck into the bus garage and unplugged the school buses. The diesel-fueled engines use engine block heaters overnight to keep the engines warm enough to start in the morning.
When the culprits are caught, there's no doubt we'll be treated to a chorus of hand-wringing by school officials (and, perhaps, the Warren County Prosecutor) over what a terrible offense was committed. I can't help thinking, though, about how clever it is.
The Enquirer refers to the act as one of "vandalism." While that may be true in a colloquial sense, I'm not sure that what happened could be prosecuted as vandalism. That crime requires a showing of physical harm to property. Assuming the engines weren't damaged (and I think they weren't--they should be fine once they warm up again), there's no physical harm.
Of course, the miscreants committed a trespass (a fourth degree misdemeanor, punishable by up to thirty days in jail). Perhaps unauthorized use of property (also a fourth degree misdemeanor) or criminal mischief (a third degree misdemeanor, which carries up to sixty days) would fit the circumstances. But there don't seem to be any other, more serious charges available.
When I heard what happened, I immediately thought of the scene in Bull Durham when Kevin Costner's character turns on the sprinklers at a ballpark overnight to force a rainout. While we can't condone the conduct of the kids that pulled the plugs, we can admire their ingenuity.
UPDATE: The Enquirer now reports "Mason school officials here [sic] say they suspect students were behind" the unplugging of the engine block heaters. My response: Wow....that's a stunningly brilliant piece of detective work. Kids: Lawyer up, quick!!!
When the culprits are caught, there's no doubt we'll be treated to a chorus of hand-wringing by school officials (and, perhaps, the Warren County Prosecutor) over what a terrible offense was committed. I can't help thinking, though, about how clever it is.
The Enquirer refers to the act as one of "vandalism." While that may be true in a colloquial sense, I'm not sure that what happened could be prosecuted as vandalism. That crime requires a showing of physical harm to property. Assuming the engines weren't damaged (and I think they weren't--they should be fine once they warm up again), there's no physical harm.
Of course, the miscreants committed a trespass (a fourth degree misdemeanor, punishable by up to thirty days in jail). Perhaps unauthorized use of property (also a fourth degree misdemeanor) or criminal mischief (a third degree misdemeanor, which carries up to sixty days) would fit the circumstances. But there don't seem to be any other, more serious charges available.
When I heard what happened, I immediately thought of the scene in Bull Durham when Kevin Costner's character turns on the sprinklers at a ballpark overnight to force a rainout. While we can't condone the conduct of the kids that pulled the plugs, we can admire their ingenuity.
UPDATE: The Enquirer now reports "Mason school officials here [sic] say they suspect students were behind" the unplugging of the engine block heaters. My response: Wow....that's a stunningly brilliant piece of detective work. Kids: Lawyer up, quick!!!
Thursday, January 15, 2009
It's Cold, Bundle Up!
In case you are living in a cave, please take notice it is very cold out today and will be very cold again tomorrow. If you are indeed living in a cave, you must be really freaking cold right now.
Monday, January 12, 2009
Happy Birthday, Brian!!!!
I thought we needed a thread so that people could wish Griff a happy 37th birthday.
Happy birthday, Brian!
Happy birthday, Brian!
Harris Appointed to City Council
Greg Harris has been appointed to fill out the term of John Cranley, who stepped down from Cincinnati City Council last week. This is an excellent pick for the City. Greg will bring a fresh perspective that is honest, fair, and progressive.
More from UrbanCincy.
More from UrbanCincy.
The Blue Ball - Jan 20th 8PM Northside Tavern
Join Cincy Rocks Obama for a special Presidential Inauguration celebration on January 20th at 8PM at the Northside Tavern. Here are the details from the press release:
Cincy Rocks Obama Presents The Blue Ball
Dance Party Celebrates the Presidential Inauguration
CINCINNATI—Celebrate the country’s most exciting and historic election at an inaugural ball at the Northside Tavern.
The folks who brought you Cincy Rocks Obama and 2008’s legendary election-night party invite you to celebrate the 2009 Presidential Inauguration at The Blue Ball, January 20, 2009, 8 pm at Northside Tavern, 4163 Hamilton Avenue.
The Blue Ball is an inauguration celebration featuring a dance party with DJ Apryl Reign, food catered by Melt and The Hideaway, games, prizes, special guests and drinks. Guests are encouraged – but not required – to wear formal attire. The Blue Ball has no cover charge, but we will be accepting donations of non-perishable food items and cash to benefit the Freestore Food Bank.
The Blue Ball is a nonpartisan event celebrating a once-in-a-lifetime historical milestone. Whether your politics are red, blue, green or somewhere in between, you are all invited to celebrate this historic moment with great music, among good friends.
“We hope that everyone feels welcome at this party, regardless of political affiliation,” says Eric Appleby, co-host of The Blue Ball. “Ultimately, the inauguration isn’t about winning or losing. When you consider the recent coups and ongoing chaos in other countries, you realize that the peaceful transfer of power is a pretty remarkable part of our democracy.”
“In the end, that's what this election is about. Do we participate in a politics of cynicism or a politics of hope?” – Barack Obama
Event Details
What: The Blue Ball
Who: Cincy Rocks Obama and you!
Where: Northside Tavern, 4163 Hamilton Avenue, Cincinnati, Ohio.
When: Tuesday, January 20, 2009 at 8 pm.
Why: To celebrate the inauguration of the 44th President of the United States and the historical mandate for change
More info: www.cincyrocksobama.com
Cincy Rocks Obama unites local musicians, fans & friends to REGISTER, EDUCATE, & MOTIVATE voters for Obama.
CONTACT: Cincy Rocks Obama Press Contact, press@cincyrocksobama.com
Friday, January 09, 2009
Half-Staff Flag Bleg
Hamilton County flags are at half-staff today. Does anyone know why?
(Someone, please tell me it's not because of the damned cow.)
UPDATE (1/10/09): I believe the flags were lowered in honor of Captain Warren A. Frank, who was killed in Iraq on November 25 and buried at Arlington National Cemetary yesterday. Thanks to the commenters who pointed this out.
(Someone, please tell me it's not because of the damned cow.)
UPDATE (1/10/09): I believe the flags were lowered in honor of Captain Warren A. Frank, who was killed in Iraq on November 25 and buried at Arlington National Cemetary yesterday. Thanks to the commenters who pointed this out.
Thursday, January 08, 2009
Cranley's Out, Who's In?
Councilmember John Cranley is resigning his council seat after being elected to the office 4 times.
Speculation turns now to the pick for his replacement. Three names have been floated:Tony Fischer, Greg Harris, and Brian Garry. I'm not familiar with Fischer, so have no impression. Garry in my opinion has never been a qualified candidate for office. Harris is by far the best person to fill the slot and stands a great chance of being elected in the fall. He has already announced his candidacy and fits the city Democratic vision well. Are there other possible selections for the Democrats?
Additional speculation will be about Cranley running for Mayor. In the article it states Cranley is not done with politics. What other office would he run for? Will he wait it out and run for County Commission?
Speculation turns now to the pick for his replacement. Three names have been floated:Tony Fischer, Greg Harris, and Brian Garry. I'm not familiar with Fischer, so have no impression. Garry in my opinion has never been a qualified candidate for office. Harris is by far the best person to fill the slot and stands a great chance of being elected in the fall. He has already announced his candidacy and fits the city Democratic vision well. Are there other possible selections for the Democrats?
Additional speculation will be about Cranley running for Mayor. In the article it states Cranley is not done with politics. What other office would he run for? Will he wait it out and run for County Commission?
Wednesday, January 07, 2009
New Stage Opening: Dying City
Thursday night is the opening for New Stage Collective's production of Dying City. Be sure to get your tickets now! Also, join the cast, crew, audience, and NSC Board at Arnold's for an opening night party after the show on Thursday.
Here's a great video with a behind the scene look at Julianna Bloodgood, playing Kelly.
Here's a great video with a behind the scene look at Julianna Bloodgood, playing Kelly.
Tuesday, January 06, 2009
Pepper Seeks Input On Bike-Friendliness
Over at PepTalk, Commissioner David Pepper is seeking your input on how Hamilton County can be a more bicycle-friendly community.
I've always thought a community is bicycle-friendly enough when drivers are ticketed for running bicyclists off the road, but what do I know? Head over to the Commish's blog and take the survey.
I've always thought a community is bicycle-friendly enough when drivers are ticketed for running bicyclists off the road, but what do I know? Head over to the Commish's blog and take the survey.
Monday, January 05, 2009
Local Politicians Move Into New Offices
Today marked some changes in Hamilton County offices. Wayne Coates was sworn in as County Recorder. Greg Hartmann began his term as County Commissioner. Judge Pat Dewine began his term as Common Pleas Court judge (occupying the seat formerly held by now-retired Judge Davis). (The term of Judge-Elect Jerry Metz, who defeated incumbent Judge Fred Nelson, does not begin until February 10.) And Patricia Clancy began her term as Clerk of Courts.
The most visible change of the switches (for now) is the new banner on the Clerk of Courts website. Here is the old Hartmann banner:
And here is the new Clancy banner:
This is far from a substantive criticism, and I'm sure Ms. Clancy will do an excellent job as Clerk, but the new, yellow-highlighted banner is a little grating on the eyes. My very non-scientific survey ("Do you like the new banner?") yielded a unanimous preference for Hartmann's red-and-blue color scheme. (If I remember correctly, the yellow-and-blue matches the colors Clancy used during her campaign. And perhaps the red-and-blue preference is just a sense of familiarity with Hartmann's banner.)
The most visible change of the switches (for now) is the new banner on the Clerk of Courts website. Here is the old Hartmann banner:
And here is the new Clancy banner:This is far from a substantive criticism, and I'm sure Ms. Clancy will do an excellent job as Clerk, but the new, yellow-highlighted banner is a little grating on the eyes. My very non-scientific survey ("Do you like the new banner?") yielded a unanimous preference for Hartmann's red-and-blue color scheme. (If I remember correctly, the yellow-and-blue matches the colors Clancy used during her campaign. And perhaps the red-and-blue preference is just a sense of familiarity with Hartmann's banner.)Nevertheless, as much as this is a difficult time for HamCo government, it should also be an exciting time, as the County sees some new faces (or at least some old faces in new places), and with it, hopefully, new ideas and energy. So welcome to the new office holders!!!
Saturday, January 03, 2009
Enquirer.com Redo 3.0
Well it appears the Enquirer has changed its page design yet again. The background color has gone back to white, thankfully. It again appears to be loading faster, but that may just be me. I am getting dizzy from all of the changes.
Friday, January 02, 2009
Government by Referenda: What's On Your Wish List?
There been much discussion in the local blogosphere about the NAACP's petition drive to place a measure on the ballot that would amend the City Charter to require a plebiscite prior to the expenditure of funds for light rail in Cincinnati. (Links: Us, the Beacon, UrbanCincy.) I will not support this measure--not because I'm a big fan of streetcars, but because I don't believe this type of issue belongs in the charter. I would cautiously support charter reform (and changing Ohio Revised Code, if necessary) to permit this sort of issue to be placed on the ballot to become a City ordinance, if passed. More democracy is good, generally speaking, but we should be careful when we alter the document that is the foundation of our governmental structure.
The whole thing has gotten me thinking, though: if I had the organizational (and financial) power of the NAACP/Green/COAST coalition, what would I place on the ballot? For me, the answer is simple: I would propose a charter amendment stripping the City of its power to enact criminal ordinances that create offenses more serious than minor misdemeanors (which do not carry the possibility of jail time) and simultaneously reclassifying all existing misdemeanors under the Cincinnati Municipal Code (CMC) as minor misdemeanors.
Such a proposal would not mean the absence of criminal law in Cincinnati. Instead, it would mean simply that all of our crimes would be defined by Ohio Revised Code (and the state has defined plenty of crimes). If the City wanted to prohibit conduct not included in ORC, it could punish such conduct only by a $150 fine (or lobby the Assembly to enact a state-wide statute).
Why shouldn't the City be in the business of drafting criminal laws? First, I doubt it's cost-effective. The City now has (and pays for) its own public defenders. It is now being billed by the County for the bed space occupied by individuals charged only under CMC. Because of the increased penalties created, more court time and (therefore) police time is used. Second, the effect of such laws on crime is highly disputable: no one has ever pointed to hard statistics that show that in the absence of the City's own criminal code, more crime would flourish in the City. Third, Council has consistently demonstrated itself to be fairly bad at drafting criminal ordinances. And finally, one set of ordinances alone--namely, the criminalization of the City's administrative building code (which gives rise to the municipal "Housing Docket")--is reason enough to strip the City of its power to create criminal offenses (but that's a whole separate post).
So if I were King For A Day, the elimination of Cincinnati's criminal ordinances is what I'd take up. If you were able to place anything you wanted on the ballot for consideration, what would it be?
1/3/09 Update: Post modified to correct typographical errors.
The whole thing has gotten me thinking, though: if I had the organizational (and financial) power of the NAACP/Green/COAST coalition, what would I place on the ballot? For me, the answer is simple: I would propose a charter amendment stripping the City of its power to enact criminal ordinances that create offenses more serious than minor misdemeanors (which do not carry the possibility of jail time) and simultaneously reclassifying all existing misdemeanors under the Cincinnati Municipal Code (CMC) as minor misdemeanors.
Such a proposal would not mean the absence of criminal law in Cincinnati. Instead, it would mean simply that all of our crimes would be defined by Ohio Revised Code (and the state has defined plenty of crimes). If the City wanted to prohibit conduct not included in ORC, it could punish such conduct only by a $150 fine (or lobby the Assembly to enact a state-wide statute).
Why shouldn't the City be in the business of drafting criminal laws? First, I doubt it's cost-effective. The City now has (and pays for) its own public defenders. It is now being billed by the County for the bed space occupied by individuals charged only under CMC. Because of the increased penalties created, more court time and (therefore) police time is used. Second, the effect of such laws on crime is highly disputable: no one has ever pointed to hard statistics that show that in the absence of the City's own criminal code, more crime would flourish in the City. Third, Council has consistently demonstrated itself to be fairly bad at drafting criminal ordinances. And finally, one set of ordinances alone--namely, the criminalization of the City's administrative building code (which gives rise to the municipal "Housing Docket")--is reason enough to strip the City of its power to create criminal offenses (but that's a whole separate post).
So if I were King For A Day, the elimination of Cincinnati's criminal ordinances is what I'd take up. If you were able to place anything you wanted on the ballot for consideration, what would it be?
1/3/09 Update: Post modified to correct typographical errors.
Shout Out: Smith Mufflers
We regularly highlight restaurants and bands we like here at the Cincinnati Blog. Today, I thought I'd point out something that can be harder to find than good food or good music: a good mechanic.
Just before Christmas, my aging Infiniti started behaving badly: the heater wouldn't work, and (somewhat ironically, I thought) the engine threatened to overheat. I took it to Smith Mufflers and Brakes in Covington, who I'd used for work on my previous car (an aging Neon). Their initial diagnosis: broken water pump and blown head gasket.
The head gasket is a significant repair on a Nissan engine (I know, that's what I get for buying a non-American brand). While I wasn't thrilled that the cost of the repair was much closer to the value of the car than I preferred, I authorized the work, as I'm not really interested in replacing the car right now.
A few days later, I talked again to the folks at Smith to get an update. Understanding the significance of the work they were about to do, they ran some additional tests. It turns out it wasn't the head gasket, but a different, minor problem that can lead to false results in the test they use to diagnose the head gasket. Figuring this out saved me about two grand.
So: three cheers for Smith Muffler. They didn't have to take the extra step in re-examining their initial assessment; after all, I'd authorized the work. But they did so, leaving me with a considerably reduced bill (and them with considerably less money). I've never heard anyone say a bad word about Smith, and this kind of honesty and diligence is exactly the reason why.
So if you're looking for a non-dealer mechanic for your car, check 'em out.
Just before Christmas, my aging Infiniti started behaving badly: the heater wouldn't work, and (somewhat ironically, I thought) the engine threatened to overheat. I took it to Smith Mufflers and Brakes in Covington, who I'd used for work on my previous car (an aging Neon). Their initial diagnosis: broken water pump and blown head gasket.
The head gasket is a significant repair on a Nissan engine (I know, that's what I get for buying a non-American brand). While I wasn't thrilled that the cost of the repair was much closer to the value of the car than I preferred, I authorized the work, as I'm not really interested in replacing the car right now.
A few days later, I talked again to the folks at Smith to get an update. Understanding the significance of the work they were about to do, they ran some additional tests. It turns out it wasn't the head gasket, but a different, minor problem that can lead to false results in the test they use to diagnose the head gasket. Figuring this out saved me about two grand.
So: three cheers for Smith Muffler. They didn't have to take the extra step in re-examining their initial assessment; after all, I'd authorized the work. But they did so, leaving me with a considerably reduced bill (and them with considerably less money). I've never heard anyone say a bad word about Smith, and this kind of honesty and diligence is exactly the reason why.
So if you're looking for a non-dealer mechanic for your car, check 'em out.
Moerlein Buys Little Kings
Christian Moerlein is continuing to bring home Cincinnati's Beers with its purchase this week of Little Kings. While the brewery will not be located in Cincinnati, this is another step for the Cincinnati based Christian Moerlein in its goal of brewing its beers here in Cincinnati.
It has been a long time since I've had a Little Kings Cream Ale. I have two memories of them from College. One is using plasti-tac to spell words on the dorm room wall with Little Kings' bottle caps. The other memory is seeing how fast and in how few gulps we could guzzle the 7 ouncers. Oh the memories that brings back, and the realization that I can't to that any more!
It has been a long time since I've had a Little Kings Cream Ale. I have two memories of them from College. One is using plasti-tac to spell words on the dorm room wall with Little Kings' bottle caps. The other memory is seeing how fast and in how few gulps we could guzzle the 7 ouncers. Oh the memories that brings back, and the realization that I can't to that any more!
Thursday, January 01, 2009
Large Banks Ignoring Foreclosed Properties
Below, Griff notes the Enquirer's growing tendency to shift local news coverage from its newspaper (both print and online editions) to its blog. Symptomatic of that tendency is this post on the Politics Extra Blog by Jane Pendergrast, which reports that last week, the City of Cincinnati filed suit against Deutsche Bank and Wells Fargo for failing to properly maintain properties upon which they have foreclosed.
The conduct of banks that have foreclosed on properties is a real problem in Cincinnati. The banks just let the property sit until they can find someone to buy the property. Generally, banks entirely ignore Cincinnati ordinances, including requirements to properly maintain the structures and to obtain vacant building maintenance licenses. In its 22-page verified complaint, the City does an excellent job describing the situation and the reason it filed suit:
(Verified Complaint, paras. 1 & 16.) As Pendergrast notes, the defendants have removed the case to federal court, where it is now pending before Chief Judge Beckwith. Part of what the City sought in Common Pleas court was an injunction preventing the banks from transferring the property (the City claims they have a history of transferring nuisance properties once legal action is filed in order to avoid liability). While the defendants claim they have already divested themselves of some of the property at issue in the new suit, they and the City have agreed that no further transfers (of property named in the litigation) until the case is concluded or the federal court orders otherwise.
The City, joined by the County (which is also named as a defendant, in that it has an interest in the properties as holder of various tax liens against them) has asked Judge Beckwith to remand the case back to state court. The banks have been ordered to file their response by January 22. Given the surge of foreclosures in Hamilton County, this is an extremely important issue--and one that merited more attention from the Enquirer than relegation to its blog.
The conduct of banks that have foreclosed on properties is a real problem in Cincinnati. The banks just let the property sit until they can find someone to buy the property. Generally, banks entirely ignore Cincinnati ordinances, including requirements to properly maintain the structures and to obtain vacant building maintenance licenses. In its 22-page verified complaint, the City does an excellent job describing the situation and the reason it filed suit:
This is an action by the City of Cincinnati against two lenders that
regularly appear in Hamilton County Courts to prosecute foreclosure actions but have consistently refused to appear when summoned by the City of Cincinnati for the basic maintenance of abandoned and vacated properties titled in the names of Defendants. The City of Cincinnati seeks to hold these entities accountable in the same manner that individual property owners are held accountable for abandoned and vacated properties and seeks injunctive relief, declaratory relief, and money damages. Over the past three years, the City of Cincinnati and its departments have made several attempts to communicate with Defendants regarding the numerous properties and buildings throughout the City that were and are in violation of City health and housing codes. Defendants have consistently failed to take responsibility for the maintenance and upkeep of such properties; in fact, Defendants have gone so far as to deny ownership of these properties.Defendants have consistently refused service of process and ignored summonses pertaining to criminal complaints filed by the Property Maintenance Division . . . as well as notices sent . . . regarding civil fines for failure to comply with the Cincinnati Municipal Code.
(Verified Complaint, paras. 1 & 16.) As Pendergrast notes, the defendants have removed the case to federal court, where it is now pending before Chief Judge Beckwith. Part of what the City sought in Common Pleas court was an injunction preventing the banks from transferring the property (the City claims they have a history of transferring nuisance properties once legal action is filed in order to avoid liability). While the defendants claim they have already divested themselves of some of the property at issue in the new suit, they and the City have agreed that no further transfers (of property named in the litigation) until the case is concluded or the federal court orders otherwise.
The City, joined by the County (which is also named as a defendant, in that it has an interest in the properties as holder of various tax liens against them) has asked Judge Beckwith to remand the case back to state court. The banks have been ordered to file their response by January 22. Given the surge of foreclosures in Hamilton County, this is an extremely important issue--and one that merited more attention from the Enquirer than relegation to its blog.
The Dropping of the Pig
NYC can drop all the balls it wants. Nothing, NOTHING can top the dropping of the pig last night at Grammer's. Fireworks also flew high above the OTR bar as the crowd shifted outside to ring in the new year. In what I hopes becomes a tradition, I think we capture the irreverence that lives strong in Cincinnati. We drink, we cheer, we drink some more.
Tuesday, December 30, 2008
Top Cincinnati Stories for 2008?
What say you blog readers? What were the top local stories of the year? Some of mine are:
- Driehaus defeating Chabot in the 1st Congressional District
- Hamilton County going Blue!
- Hamilton County Budget Crisis
- The Growth of Cincinnati Music Scene (Midpoint, Expansion/Remodeling at Northside Tavern and Southgate House, CEA's, King Records Tribute)
- Bloodletting at the Enquirer
Groppe: Sore Loser
It is being reported by the Enquirer that outgoing Hamilton County Recorder Rebecca Prem Groppe isn't being helpful to her successor Wayne Coates, who beat her in November for the office.
With the publication of this story can we hope that Groppe is at least shammed into acting more maturely? Is that too much to hope for?
With the publication of this story can we hope that Groppe is at least shammed into acting more maturely? Is that too much to hope for?
Enquirer.com Redo 2.0
Recently, the Cincinnati Enquirer updated its website again after a total relaunch earlier this year. This update is not a new look, but new organization. The biggest complaints with the relaunch were the slowness of the site and the simple fact that you couldn't find anything. So, I've not noticed an increased loading speed, but is the reorg better? Can you read the paper online better? Or is it still a mess with no cohesiveness? I like the idea of a daily newspaper where you can determine a front page story. With the relaunch that concept was almost abandoned. The power of front page story is the one natural editorial choice a news outlet makes about straight up news.
The revised site now to me as more of front page editorial choice present. It is not tied to the daily, more akin to CNN.com style with the instant front page story lasting as long as the editors see fit. This is an improvement to the organization.
The problem is still the ever shrinking local content. The staff blogs are acting as the supplement to lack of local news, and I think the reporters are ham-strung with that. I don't know how blogging fulfills their job requirement, so it appears as if they are doing it largely on their own time.
The revised site now to me as more of front page editorial choice present. It is not tied to the daily, more akin to CNN.com style with the instant front page story lasting as long as the editors see fit. This is an improvement to the organization.
The problem is still the ever shrinking local content. The staff blogs are acting as the supplement to lack of local news, and I think the reporters are ham-strung with that. I don't know how blogging fulfills their job requirement, so it appears as if they are doing it largely on their own time.
Sunday, December 28, 2008
It's Ba-ack: Uncle Woody's
I'm a little late on this, but Uncle Woody's, the combination neighborhood/campus bar on Calhoun near Clifton (across the street from the UC College of Law) has reopened. Apparently, it did so in late November, under new ownership and management. I'd noted the bar's passing (which is joyfully short-lived) back in June.
Uncle Woody's will host a New Year's Eve Party. You can opt for one of two different cover charges: $25 gets you unlimited domestic beer, and $35 gets you unlimited well drinks, domestic beer, and food. But those prices require an RSVP; showing up without a reservation will cost you an extra ten bucks. Either way, the midnight champagne toast is included in your price.
And if you're the Facebook-type, you can join the Uncle Woody's group.
The return of Uncle Woody's is welcome news, at least for this UC law alum.
Uncle Woody's will host a New Year's Eve Party. You can opt for one of two different cover charges: $25 gets you unlimited domestic beer, and $35 gets you unlimited well drinks, domestic beer, and food. But those prices require an RSVP; showing up without a reservation will cost you an extra ten bucks. Either way, the midnight champagne toast is included in your price.
And if you're the Facebook-type, you can join the Uncle Woody's group.
The return of Uncle Woody's is welcome news, at least for this UC law alum.
Kona Bistro Closing December 31st
The Enquirer's Campbell's Scoop Blog is reporting that Kona Bistro in Oakley is closing its doors. It appears that their lease is up and they would have to commit to a new 5 year lease in order to keep the space. Business isn't good enough. I've enjoyed going there, but haven't been for a while. I generally had good meals and management was very supportive of the community. I will be sorry to see them close.
Monday, December 22, 2008
Kennedy Case Is Illustrative Of Dual Justice System
By now, of course, we all know that former Bearcat coach Andy Kennedy was arrested for assault Wednesday night/Thursday morning. The case is next set for a pretrial conference on January 16 before Judge Dwane Mallory. Let me be clear: I have no earthly idea whether Kennedy is guilty or innocent. And it doesn't seem worthwhile to have that debate in the comments. But the way Kennedy's case has been handled thus far illustrates that people in Hamilton County--and in America--get precisely the amount of justice they can afford.
How is Kennedy's case different? Well, first, the AP reported that his attorney entered a written plea of not guilty on his behalf on Thursday. That means that, procedurally speaking, Kennedy was a "sheriff's release." In other words, when CPD took him to the Justice Center, sheriff's deputies processed him and immediately released him without holding him to first appear before a judge.
While this is not unheard-of, it's at least a bit unusual. Kennedy is charged with a violent, first-degree misdemeanor. If news reports are accurate, the complaint is based not just on the alleged victim's statements, but also on a bystander's statements. Moreover, to my knowledge, Kennedy has no local address. He almost certainly, as of Thursday morning, intended to return to Mississippi. So being able to go home without posting bond (or at least signing an own-recognizance bond sheet) is outside the ordinary, given that the sheriff's office knew (or should have known) that Kennedy would relatively promptly leave the jurisdiction upon being released.
Next, the very fact that Kennedy already has counsel is unusual. If he were indigent, he likely would have sat in the holding cell in the first floor of the Justice Center until the 12:30 docket (when "City misdemeanors" are arraigned), and then would have been assigned counsel. Had an indigent, non-famous Kennedy been lucky enough to be released by the sheriff, he would have returned to the HCJC that afternoon, when he would have been told to go to the HamCo Public Defender's Office to "qualify" (financially) for counsel.
Finally, Kennedy has not just one attorney, but two. It's been reported that Kennedy has filed suit against two of the witnesses who have allegedly alleged he committed an assault. As an attorney, I'm fairly disgusted by the civil lawsuit that's been filed, as I suspect its chief purpose is to intimidate the witnesses into changing their stories or not coming to court. (Although in Kennedy's defense, the witnesses ought to quit talking to the media until the criminal case is concluded.) After all, when I decide whether to file a lawsuit on a client's behalf, one of the factors I must consider is collectibility: in other words, even if I win, can my client and I collect the judgment from the defendant? In the Kennedy case, what is the likelihood that a taxi cab driver and a valet have assets sufficient to satisfy a judgment?
For an indigent defendant, there's almost no chance a lawyer would file a defamation suit on his behalf prior to trial. There's almost no chance his attorney could get the Enquirer or the local TV stations to publish his stance on the case, thus permitting him to align a potential jury pool one way or the other. Typically, when the media reports on a case that comes through arraignment, the reporters don't even ask defense counsel for a comment; they report only what is in publicly available documents and what's said at the bond hearing.
Kennedy is free, he's well-represented, and he's got the media telling his tale for him. None of these things would be happening if he weren't a fairly wealthy semi-celebrity. I don't begrudge Kennedy the advantages he has (every defense attorney in private practice has clients who benefit from financial resouces that wealthier people have); I just question why we can't devise a system where more people get the same treatment.
How is Kennedy's case different? Well, first, the AP reported that his attorney entered a written plea of not guilty on his behalf on Thursday. That means that, procedurally speaking, Kennedy was a "sheriff's release." In other words, when CPD took him to the Justice Center, sheriff's deputies processed him and immediately released him without holding him to first appear before a judge.
While this is not unheard-of, it's at least a bit unusual. Kennedy is charged with a violent, first-degree misdemeanor. If news reports are accurate, the complaint is based not just on the alleged victim's statements, but also on a bystander's statements. Moreover, to my knowledge, Kennedy has no local address. He almost certainly, as of Thursday morning, intended to return to Mississippi. So being able to go home without posting bond (or at least signing an own-recognizance bond sheet) is outside the ordinary, given that the sheriff's office knew (or should have known) that Kennedy would relatively promptly leave the jurisdiction upon being released.
Next, the very fact that Kennedy already has counsel is unusual. If he were indigent, he likely would have sat in the holding cell in the first floor of the Justice Center until the 12:30 docket (when "City misdemeanors" are arraigned), and then would have been assigned counsel. Had an indigent, non-famous Kennedy been lucky enough to be released by the sheriff, he would have returned to the HCJC that afternoon, when he would have been told to go to the HamCo Public Defender's Office to "qualify" (financially) for counsel.
Finally, Kennedy has not just one attorney, but two. It's been reported that Kennedy has filed suit against two of the witnesses who have allegedly alleged he committed an assault. As an attorney, I'm fairly disgusted by the civil lawsuit that's been filed, as I suspect its chief purpose is to intimidate the witnesses into changing their stories or not coming to court. (Although in Kennedy's defense, the witnesses ought to quit talking to the media until the criminal case is concluded.) After all, when I decide whether to file a lawsuit on a client's behalf, one of the factors I must consider is collectibility: in other words, even if I win, can my client and I collect the judgment from the defendant? In the Kennedy case, what is the likelihood that a taxi cab driver and a valet have assets sufficient to satisfy a judgment?
For an indigent defendant, there's almost no chance a lawyer would file a defamation suit on his behalf prior to trial. There's almost no chance his attorney could get the Enquirer or the local TV stations to publish his stance on the case, thus permitting him to align a potential jury pool one way or the other. Typically, when the media reports on a case that comes through arraignment, the reporters don't even ask defense counsel for a comment; they report only what is in publicly available documents and what's said at the bond hearing.
Kennedy is free, he's well-represented, and he's got the media telling his tale for him. None of these things would be happening if he weren't a fairly wealthy semi-celebrity. I don't begrudge Kennedy the advantages he has (every defense attorney in private practice has clients who benefit from financial resouces that wealthier people have); I just question why we can't devise a system where more people get the same treatment.
City Government by Referendum: A Good Idea?
Last week, the Cincinnati branch of the NAACP announced that it will seek to place on the 2009 ballot an initiative to bar the creation of a streetcar in Cincinnati. (Those of you who regularly follow this blog know that I'm only lukewarm to the idea. While originally opposed, I've come around to support streetcars, though I've still not drunk the Koolaid offered by those who claim that light rail is our only, best hope for revitalization.)
This post is most assuredly not about streetcars. Instead, it's about whether this is an appropriate way for City government to be run. Earlier this year, the NAACP successfully opposed the use of "red light cameras," adding an amendment to the City Charter that prohibits them. I voted against the measure--not because I think the cameras are a good idea (they're a terrible idea), but because I didn't (and don't) believe it's an appropriate issue for a city charter.
I'm still not sold 100 percent on streetcars, but I'm not even sure how the proposed Charter amendment will read: "Cincinnati shall never have light rail"? That doesn't make sense. It's particularly troubling that the streetcar plan (at least in its current iteration) doesn't involve a tax increase. So we're talking about amending the charter to prevent a specific expenditure by Council, not to head off a tax increase or alter the structure of our government.
So here's my question: is this the right way to run City government? How many decisions should be decided by referendum? And if we really like referenda, should we consider amending our charter (and perhaps the Revised Code--I'm not sure) so that we could enact an ordinance by referendum, rather than constantly changing the Charter with day-to-day issues like expenditures or red-light cameras, thus permitting the Charter to do what it should: deal almost explicitly with the structure of government?
This post is most assuredly not about streetcars. Instead, it's about whether this is an appropriate way for City government to be run. Earlier this year, the NAACP successfully opposed the use of "red light cameras," adding an amendment to the City Charter that prohibits them. I voted against the measure--not because I think the cameras are a good idea (they're a terrible idea), but because I didn't (and don't) believe it's an appropriate issue for a city charter.
I'm still not sold 100 percent on streetcars, but I'm not even sure how the proposed Charter amendment will read: "Cincinnati shall never have light rail"? That doesn't make sense. It's particularly troubling that the streetcar plan (at least in its current iteration) doesn't involve a tax increase. So we're talking about amending the charter to prevent a specific expenditure by Council, not to head off a tax increase or alter the structure of our government.
So here's my question: is this the right way to run City government? How many decisions should be decided by referendum? And if we really like referenda, should we consider amending our charter (and perhaps the Revised Code--I'm not sure) so that we could enact an ordinance by referendum, rather than constantly changing the Charter with day-to-day issues like expenditures or red-light cameras, thus permitting the Charter to do what it should: deal almost explicitly with the structure of government?
Sunday, December 21, 2008
Mea Culpa: Charter vs. Democrat vs. Republican
In a recent post on the City budget, I ended with a suggestion that Charterites are really just Democrats going by another name. After some thought and discussion with others, I've concluded I made two mistakes.
The first was making the remark at all: it turned the ensuing discussion from one on the merits of the City budget (which should have been useful and much more civil than some commenters permitted it to be) into one on the nature of the Charter Committee and its members. It was tangential, and I should have just left it out.
The second, though, was my sweeping characterization of Charterites. I stand by the assertion that as a whole, the Charter Committee is on the left or center-left of the political spectrum. But some individuals (including, perhaps, a current Council member) may lean more to the right. My error did not stem from a misunderstanding of what the individuals I mentioned advocate. (It should be noted, regardless of his pre-Council tendencies, that Charterite Chris Bortz ran on a platform that included streetcars (economic development in inner-city is traditionally a Dem issue) and environmentalism.)
Instead, I erred because I tend to employ a perhaps overly-broad definition of Democratic thought and an overly-narrow definition of Republican thought. I've generally rejected the GOP because of its stance on social issues (which tends, in turn, to influence its fiscal policies). So when I see leaders who are relatively close to the center who don't take Phil Burress-like positions on social issues, I tend to identify them as Democratic. That's probably wrong. It's also not a mistake I'd have made ten years ago, but living in Cincinnati for nearly a decade has conditioned me to move my own mindset to the right, changing my expectations for what is "liberal" or "conservative," "Democratic" or "Republican." So suggesting that all Charterites are Dems-in-hiding was not just wrong, it was silly and unneccessary.
Hey...when we here in the blogosphere make a mistake, we fix it, usually with a fresh post. And until I or Brian, Julie, or Jack post something new, this correction will sit at the top of the blog for all to see--not buried at the bottom of page 6 as it would be in the more traditional media.
The first was making the remark at all: it turned the ensuing discussion from one on the merits of the City budget (which should have been useful and much more civil than some commenters permitted it to be) into one on the nature of the Charter Committee and its members. It was tangential, and I should have just left it out.
The second, though, was my sweeping characterization of Charterites. I stand by the assertion that as a whole, the Charter Committee is on the left or center-left of the political spectrum. But some individuals (including, perhaps, a current Council member) may lean more to the right. My error did not stem from a misunderstanding of what the individuals I mentioned advocate. (It should be noted, regardless of his pre-Council tendencies, that Charterite Chris Bortz ran on a platform that included streetcars (economic development in inner-city is traditionally a Dem issue) and environmentalism.)
Instead, I erred because I tend to employ a perhaps overly-broad definition of Democratic thought and an overly-narrow definition of Republican thought. I've generally rejected the GOP because of its stance on social issues (which tends, in turn, to influence its fiscal policies). So when I see leaders who are relatively close to the center who don't take Phil Burress-like positions on social issues, I tend to identify them as Democratic. That's probably wrong. It's also not a mistake I'd have made ten years ago, but living in Cincinnati for nearly a decade has conditioned me to move my own mindset to the right, changing my expectations for what is "liberal" or "conservative," "Democratic" or "Republican." So suggesting that all Charterites are Dems-in-hiding was not just wrong, it was silly and unneccessary.
Hey...when we here in the blogosphere make a mistake, we fix it, usually with a fresh post. And until I or Brian, Julie, or Jack post something new, this correction will sit at the top of the blog for all to see--not buried at the bottom of page 6 as it would be in the more traditional media.
Rethinking Tasers, the Expanded Version
Last week, I noted Amnesty International's report on taser use and its consequences. My suggestion (which was merely that we think deeply about this issue) had me branded a bleeding heart liberal. (Of course, my recent post on the budget has me branded a closet Republican, so I suppose I'm just a hopelessly confused moron.)
AI's report (available here) has garnered attention elsewhere in the local blogosphere; at the Beacon, Justin Jeffre discusses it. So let's discuss how tasers are used in Cincinnati. But before we do, let's establish a baseline: I'm not some crazy guy who hates the police. If anything, my work as a criminal defense attorney has instilled within me far more respect for the police--and the work they do--than prior to being involved in the criminal justice system. But it is certainly fair--and necessary--to discuss appropriate police tactics.
So first, let's talk about the taser itself. CPD supplies its officers with the X26 Taser. There are two ways this taser can be used. First, an officer use it to shoot two darts at a suspect, which remain connected to the taser via wires and which deliver an electric charge. Second, the taser can be used in "drive stun mode," which means that an officer pushes the taser itself against a suspect's body, pulling the trigger and directly delivering a shock (like a personal protection "stun gun"). Here's how CPD describes drive stun mode:
My concern is whether CPD policy with regards to taser use is correct or preferable. CPD--like all police departments--mandates a "continuum of force." In other words, officers must consider which level of force is appropriate to a given situation. The CPD continuum, from the lowest level of force to the most, is as follows:
There are truly two sides to the issue. AI's report is one of a growing number of sources that suggest that tasers may be more likely to cause harm than police departments realize. Moreover, officers sometimes escalate too quickly to tasers: that is, they sometimes move from verbal commands quicker than they would if the taser or chemical irritant weren't available. Anecdotally, at least, there are many, many instances of officers using tasers in situations where the situation wouldn't yet mandate the officer use "hard hands" or other, more physical techniques. The recent, truly egregious (and fatal) use of a taser by an officer in New York on a mentally ill, non-compliant man on a ledge is an example (albeit not a typical one) of officers using a taser in a circumstance in which they wouldn't use other forms of physical force. And the studies produced by the taser manufacturers regarding risk of serious harm to a tased subject assume that the subject being tased is healthy. Criminal suspects are often far from healthy, having abused their bodies with drugs or simply due to living in poverty for a lengthy time.
On the other hand, from the perspective of law enforcement, the taser is an excellent intermediary between verbal commands and more direct physical interaction. Moreover, once an officer begins to lay hands on a suspect, the taser may no longer be an option, as the officer will have to disengage and create enough space to reach across his/her body to pull out the taser and deploy it. (You've probably noticed that the taser appears to be "backwards" in an officer's utility belt, on the side of the officer's non-dominant hand. This is intentional. CPD does not want officers to simultaneously pull their taser and their firearm. Instead, officers are expected to make a conscious decision; they thus use their dominant (gun) hand to use the taser; that's why it's backwards-facing in the belt.) So placing the taser higher on the continuum of force may make it not usable at all.
Finally, I am concerned that CPD policy permits an officer to tase a suspect who is attempting to swallow evidence (most often, crack!). I've not seen this method of obtaining evidence challenged in court, but there's a colorable argument that evidence obtained this way should be excluded as violating a defendant's due process rights.
I don't have the answers to these qustions. But in the wake of AI's comprehensive report, this is an issue that should be debated, both within the CPD and by our City Council.
AI's report (available here) has garnered attention elsewhere in the local blogosphere; at the Beacon, Justin Jeffre discusses it. So let's discuss how tasers are used in Cincinnati. But before we do, let's establish a baseline: I'm not some crazy guy who hates the police. If anything, my work as a criminal defense attorney has instilled within me far more respect for the police--and the work they do--than prior to being involved in the criminal justice system. But it is certainly fair--and necessary--to discuss appropriate police tactics.
So first, let's talk about the taser itself. CPD supplies its officers with the X26 Taser. There are two ways this taser can be used. First, an officer use it to shoot two darts at a suspect, which remain connected to the taser via wires and which deliver an electric charge. Second, the taser can be used in "drive stun mode," which means that an officer pushes the taser itself against a suspect's body, pulling the trigger and directly delivering a shock (like a personal protection "stun gun"). Here's how CPD describes drive stun mode:
While operating the X26 Taser in the drive stun mode, the carotid/brachial, groin, and common peronial nerve are the preferred target areas of the body. A drive stun is described as pushing the X26 Taser aggressively against the subject’s body while pulling the trigger. This will deliver a shock to that area of the body. A drive stun is intended to gain compliance from actively resisting subjects, aggressive non-compliant subjects, violent or potentially violent subjects, and persons attempting to swallow evidence or contraband.(For those interested, CPD's Procedure Manual is maintained online here. The use of force portion of the manual is here.)
My concern is whether CPD policy with regards to taser use is correct or preferable. CPD--like all police departments--mandates a "continuum of force." In other words, officers must consider which level of force is appropriate to a given situation. The CPD continuum, from the lowest level of force to the most, is as follows:
- Officer presence
- Verbal skills
- X26 Taser/Chemical irritant
- Escort techniques
- Balance displacement
- Hard hands (pressure points/strikes)
- Monadnock Autolock batons
- Pepperballs/beanbags/40mm foam (all "less-than-lethal")
- Deadly force
There are truly two sides to the issue. AI's report is one of a growing number of sources that suggest that tasers may be more likely to cause harm than police departments realize. Moreover, officers sometimes escalate too quickly to tasers: that is, they sometimes move from verbal commands quicker than they would if the taser or chemical irritant weren't available. Anecdotally, at least, there are many, many instances of officers using tasers in situations where the situation wouldn't yet mandate the officer use "hard hands" or other, more physical techniques. The recent, truly egregious (and fatal) use of a taser by an officer in New York on a mentally ill, non-compliant man on a ledge is an example (albeit not a typical one) of officers using a taser in a circumstance in which they wouldn't use other forms of physical force. And the studies produced by the taser manufacturers regarding risk of serious harm to a tased subject assume that the subject being tased is healthy. Criminal suspects are often far from healthy, having abused their bodies with drugs or simply due to living in poverty for a lengthy time.
On the other hand, from the perspective of law enforcement, the taser is an excellent intermediary between verbal commands and more direct physical interaction. Moreover, once an officer begins to lay hands on a suspect, the taser may no longer be an option, as the officer will have to disengage and create enough space to reach across his/her body to pull out the taser and deploy it. (You've probably noticed that the taser appears to be "backwards" in an officer's utility belt, on the side of the officer's non-dominant hand. This is intentional. CPD does not want officers to simultaneously pull their taser and their firearm. Instead, officers are expected to make a conscious decision; they thus use their dominant (gun) hand to use the taser; that's why it's backwards-facing in the belt.) So placing the taser higher on the continuum of force may make it not usable at all.
Finally, I am concerned that CPD policy permits an officer to tase a suspect who is attempting to swallow evidence (most often, crack!). I've not seen this method of obtaining evidence challenged in court, but there's a colorable argument that evidence obtained this way should be excluded as violating a defendant's due process rights.
I don't have the answers to these qustions. But in the wake of AI's comprehensive report, this is an issue that should be debated, both within the CPD and by our City Council.
Saturday, December 20, 2008
More On the City's Budget: Part II
2. The Budget Is Substantively Flawed.
So what's the big deal with an extra million dollars in spending? That's certainly a fair question, given that our governments routinely piss away millions at a time without the least bit of consternation. The problems are both real and symbolic.
The first budget (the one suported by seven members of Council) was balanced. It didn't require any money to be pulled from the City's "carryover surplus" (this is what the County calls a "rainy day" fund). It also didn't require the doubling of parking ticket fines.
The City is facing major economic hurdles over the next couple years. The first is the status of the City's retirement fund. It's underfunded. Chris Smitherman has been sounding the alarm bells on this for some time; while he may be a little over-alarmist on this issue, no one has seriously suggested that there's not a problem with the retirement fund.
The second problem is that Cincinnati will see a major revenue shortfall next year. For some reason, this hasn't garnered much attention, but the earnings tax--the tax on corporate profits inside the City--is necessarily going to be down, given the tough economic times. Because end-of-year numbers and collections aren't in, that hasn't caught up with the City yet. But it will. So a million-dollar spending spree is inherently irresponsible.
What's more, the choices the five-member budget majority made lack common sense. Their offices really need an extra five grand to operate? During budget negotiations, Councilmembers had agreed to go to represented (i.e. union) city employees to try to negotiate COLA increases out of contracts over the next year. But the budget passed gives a COLA raise to non-represented employees, so there's no chance that AFSCME would concede this.
Moreover, the final budget is based partially on an increase in parking ticket fines. That increase will not, in all likelihood, generate as much as Council has projected. The new fines are so prohibitively high that a number of factors will conspire to reduce the number of tickets written and fines collected. The tickets will have a greater deterrent effect (leading to fewer infractions). More people will contest their tickets. And fewer people will pay their tickets. Maybe there are sound policy reasons for high parking ticket fines, but those weren't the motive for the change; revenue was.
I was also critical of the forty thousand dollars budgeted to municipal gardens. Are the gardens a good thing? Yes, they are. But there are at least a half-dozen foundations who would find funds for this if a grant application were submitted. While this is a good government program in prosperous times, this isn't the sort of expenditure that should come from the City's rainy day fund--which we're certainly going to need at the end of next year.
Perhaps the worst part of this is that the leader of the Budget Coup d'Etat was John Cranley, who is essentially a lame duck, in that he's term-limited and cannot run in 2009. So Cranley just doesn't care about the budget problems that Council will face at the beginning of 2010. That's why all four dissenters are members likely to run for re-election. If the City had an extra million dollars to spend, perhaps it should have been spent shoring up the pension fund.
So when the City is laying off workers next Christmas, keep in mind that at least Councilmembers' personal staff got raises and neighborhoods got tulips. I'm sure that will make it worth it for those who lose their jobs.
So what's the big deal with an extra million dollars in spending? That's certainly a fair question, given that our governments routinely piss away millions at a time without the least bit of consternation. The problems are both real and symbolic.
The first budget (the one suported by seven members of Council) was balanced. It didn't require any money to be pulled from the City's "carryover surplus" (this is what the County calls a "rainy day" fund). It also didn't require the doubling of parking ticket fines.
The City is facing major economic hurdles over the next couple years. The first is the status of the City's retirement fund. It's underfunded. Chris Smitherman has been sounding the alarm bells on this for some time; while he may be a little over-alarmist on this issue, no one has seriously suggested that there's not a problem with the retirement fund.
The second problem is that Cincinnati will see a major revenue shortfall next year. For some reason, this hasn't garnered much attention, but the earnings tax--the tax on corporate profits inside the City--is necessarily going to be down, given the tough economic times. Because end-of-year numbers and collections aren't in, that hasn't caught up with the City yet. But it will. So a million-dollar spending spree is inherently irresponsible.
What's more, the choices the five-member budget majority made lack common sense. Their offices really need an extra five grand to operate? During budget negotiations, Councilmembers had agreed to go to represented (i.e. union) city employees to try to negotiate COLA increases out of contracts over the next year. But the budget passed gives a COLA raise to non-represented employees, so there's no chance that AFSCME would concede this.
Moreover, the final budget is based partially on an increase in parking ticket fines. That increase will not, in all likelihood, generate as much as Council has projected. The new fines are so prohibitively high that a number of factors will conspire to reduce the number of tickets written and fines collected. The tickets will have a greater deterrent effect (leading to fewer infractions). More people will contest their tickets. And fewer people will pay their tickets. Maybe there are sound policy reasons for high parking ticket fines, but those weren't the motive for the change; revenue was.
I was also critical of the forty thousand dollars budgeted to municipal gardens. Are the gardens a good thing? Yes, they are. But there are at least a half-dozen foundations who would find funds for this if a grant application were submitted. While this is a good government program in prosperous times, this isn't the sort of expenditure that should come from the City's rainy day fund--which we're certainly going to need at the end of next year.
Perhaps the worst part of this is that the leader of the Budget Coup d'Etat was John Cranley, who is essentially a lame duck, in that he's term-limited and cannot run in 2009. So Cranley just doesn't care about the budget problems that Council will face at the beginning of 2010. That's why all four dissenters are members likely to run for re-election. If the City had an extra million dollars to spend, perhaps it should have been spent shoring up the pension fund.
So when the City is laying off workers next Christmas, keep in mind that at least Councilmembers' personal staff got raises and neighborhoods got tulips. I'm sure that will make it worth it for those who lose their jobs.
More On The City's Budget: Part I
Earlier this week, I posted briefly on the disastrous City Council budget and was criticized as "anti-intellectual." So let's see if some expanded remarks can make my problems clearer (and less dumb).
The Cincinnati budget is a magnificent error for two classes of reasons: procedural and substantive. Let's deal with each in turn.
1. The Budget Process Was Flawed.
On Wednesday, City Council passed a budget by a 7-2 margin. Following that vote, suddenly an "amended" budget was offered, and passed by a 5-4 vote. The new budget contained an extra million dollars in spending.
If you're interested in how the budget was passed, it's worth your time to pull up the podcast of the 6:00 hour of Brian Thomas's Thursday radio show. Go to about 21:30, where Councilmember Leslie Ghiz calls in and discusses the shenanigans pulled by John Cranley and Laketa Cole. Apparently, Cole's personal Christmas plans conflict with the City's budget process, so (of course) City residents take a back seat while Cole goes on vacation. Nonetheless, she signed the motion to pass the original budget when she returned. But behind closed doors, a group of Councilmembers, led by Cole (who had objections she failed to previously disclose) and Cranley got together and made plans to introduce the final budget.
What all this meant was that seemingly endless budget discussions--that took place publicly, in Finance Committee meetings--meant nothing. Everything was actually decided behind closed doors. In an era when the public is clamoring for transparency in government, a majority of our Council shut out the public. Worst of all? The five-member majority that passed the final budget refused to allow debate about it. After some initial criticisms by Jeff Berding, Laketa Cole made a cloture motion. So the City budget for the next two years was passed without being vetted in the Finance Committee and without public debate.
It's a tough day for me when Alex Triantafilou lights up Democrats on his blog and I have nothing to say in response. (In fact, on Thursday, he and I wrote largely the same thing.) I suppose I could point out that the budget wasn't passed by "five Democrats" but by four Democrats and a Charterite, as Qualls, whatever her affiliation in the past, is on Council as a Charterite, not a Democrat. It's hollow criticism, since we all know Charterites are just Democrats who think it's easier to win in Hamilton County if they don't call themselves Democrats. And we should keep in mind that Jeff Berding and Chris Bortz (a Dem d/b/a a Charterite) opposed the budget boondoggle.
Next post: the substantive problems with the budget.
The Cincinnati budget is a magnificent error for two classes of reasons: procedural and substantive. Let's deal with each in turn.
1. The Budget Process Was Flawed.
On Wednesday, City Council passed a budget by a 7-2 margin. Following that vote, suddenly an "amended" budget was offered, and passed by a 5-4 vote. The new budget contained an extra million dollars in spending.
If you're interested in how the budget was passed, it's worth your time to pull up the podcast of the 6:00 hour of Brian Thomas's Thursday radio show. Go to about 21:30, where Councilmember Leslie Ghiz calls in and discusses the shenanigans pulled by John Cranley and Laketa Cole. Apparently, Cole's personal Christmas plans conflict with the City's budget process, so (of course) City residents take a back seat while Cole goes on vacation. Nonetheless, she signed the motion to pass the original budget when she returned. But behind closed doors, a group of Councilmembers, led by Cole (who had objections she failed to previously disclose) and Cranley got together and made plans to introduce the final budget.
What all this meant was that seemingly endless budget discussions--that took place publicly, in Finance Committee meetings--meant nothing. Everything was actually decided behind closed doors. In an era when the public is clamoring for transparency in government, a majority of our Council shut out the public. Worst of all? The five-member majority that passed the final budget refused to allow debate about it. After some initial criticisms by Jeff Berding, Laketa Cole made a cloture motion. So the City budget for the next two years was passed without being vetted in the Finance Committee and without public debate.
It's a tough day for me when Alex Triantafilou lights up Democrats on his blog and I have nothing to say in response. (In fact, on Thursday, he and I wrote largely the same thing.) I suppose I could point out that the budget wasn't passed by "five Democrats" but by four Democrats and a Charterite, as Qualls, whatever her affiliation in the past, is on Council as a Charterite, not a Democrat. It's hollow criticism, since we all know Charterites are just Democrats who think it's easier to win in Hamilton County if they don't call themselves Democrats. And we should keep in mind that Jeff Berding and Chris Bortz (a Dem d/b/a a Charterite) opposed the budget boondoggle.
Next post: the substantive problems with the budget.
County Layoffs Handled Badly
There is no good way to lose your job. It's a devastating experience, no matter how it happens. Our jobs are inextricably linked to our identities--to say nothing of faith in our own financial stability in the future.
Having said that, though, it's astonishing how badly Hamilton County has been handling the layoffs. People arrived at work yesterday to be told that it would be their last day. Vacate the building by noon, they were told.
For many weeks, the HamCo Commissioners have made it clear to department heads that layoffs would be necessary. Why was the decision made to keep specific employees in the dark about whether they were on the chopping block? Certainly, these employees--some of whom have served the county for decades--deserved to be treated with more dignity than this.
Perhaps Commissioner Pepper (whose presence on the blogosphere makes him the most accessible of the commissioners) can help us with the answer to this. Was this a policy handed down from the Administration? Or did individual department heads make their own decision? And either way, again: why do it this way?
Having said that, though, it's astonishing how badly Hamilton County has been handling the layoffs. People arrived at work yesterday to be told that it would be their last day. Vacate the building by noon, they were told.
For many weeks, the HamCo Commissioners have made it clear to department heads that layoffs would be necessary. Why was the decision made to keep specific employees in the dark about whether they were on the chopping block? Certainly, these employees--some of whom have served the county for decades--deserved to be treated with more dignity than this.
Perhaps Commissioner Pepper (whose presence on the blogosphere makes him the most accessible of the commissioners) can help us with the answer to this. Was this a policy handed down from the Administration? Or did individual department heads make their own decision? And either way, again: why do it this way?
Friday, December 19, 2008
CityBeat Starts "MusicTown"
With the death of Cincymusic.com there has been a void for local musicians to lock horns with promoters and fans. CityBeat has stepped up to the plate with MusicTown: The New Cincinnati Music Message Board.
The direct link to the cite is: www.citybeat.com/cincinnati/forum/.
I'm on there as Cincyblog, and keep your flame wars to minimum!
The direct link to the cite is: www.citybeat.com/cincinnati/forum/.
I'm on there as Cincyblog, and keep your flame wars to minimum!
concert:nova Tonight!
One of the reasons Cincinnati has such a tremendous art scene is the simple fact that we have first rate musicians at the CSO and CCO who break new ground with collaborative projects like concert:nova. Tonight if you want to have a conversation that involves live music, video, and theatre into a single performance, then make your way to Christ Church Cathedral (318 E. Fourth St. Downtown)at 8PM and experience new interpretations on classic artistic pieces you will not see preformed in this combination anywhere else. For more details check out CityBeat's preview.
The show starts at 8PM at Christ Church Cathedral with a 9:30 reception to follow. Tickets are $20 or $10 for students and ETA members.
Wednesday, December 17, 2008
Rethinking Tasers
I hope to have more to say about this (perhaps over the weekend), but wanted to post a quick note now. We need to seriously reconsider the use of tasers by the Cincinnati Police Department and their proper placement in the continuum of force.
Today, Amnesty International released perhaps the most comprehensive report to date on Taser use in the United States. Among AI's final recommendations is that Taser use should be "limited to those situations where . . . officers are faced with an imminent threat of death or serious (potentially life-threatening) injury which cannot be contained by less extreme options."
The new report should be required reading for every member of City Council and all CPD policy-makers.
Today, Amnesty International released perhaps the most comprehensive report to date on Taser use in the United States. Among AI's final recommendations is that Taser use should be "limited to those situations where . . . officers are faced with an imminent threat of death or serious (potentially life-threatening) injury which cannot be contained by less extreme options."
The new report should be required reading for every member of City Council and all CPD policy-makers.
Thank God We Saved The Gardens....
The final budget passed by Cincinnati City Council makes me wonder why I'm a registered Democrat. John Cranley played backroom games with the budget and ultimately proved he's neither a trustworthy leader nor a good steward of the public fisc.
You can read the Enquirer's report on the budget passed here. I've had a fairly well-lathered froth worked up since I heard about today's shenanigans. The budget--which is balanced through a combination of raising parking ticket fines (which will likely generate far less revenue than Council thinks) and raiding the City's version of its "rainy day" fund--includes:
Supporting the budget were Cranley, Crowley, Cole, Thomas, and Qualls. I won't vote for any of them (yes, I realize some are term-limited anyhow) in 2009. And as far as I'm concerned, Qualls's mayoral aspirations just jumped the shark.
A prediction: Council's short-sightedness today will place the City in a budget nightmare next year, with the newly-elected Council forced to make significant revisions to the second year of this two-year budget.
You can read the Enquirer's report on the budget passed here. I've had a fairly well-lathered froth worked up since I heard about today's shenanigans. The budget--which is balanced through a combination of raising parking ticket fines (which will likely generate far less revenue than Council thinks) and raiding the City's version of its "rainy day" fund--includes:
- almost a half million dollars in non-negotiated cost-of-living increases;
- an additional $5,300 for each Council office;
- over $150,000 that permits the City to claim that it's "green"; and
- $40,000 for neighborhood gardens.
Supporting the budget were Cranley, Crowley, Cole, Thomas, and Qualls. I won't vote for any of them (yes, I realize some are term-limited anyhow) in 2009. And as far as I'm concerned, Qualls's mayoral aspirations just jumped the shark.
A prediction: Council's short-sightedness today will place the City in a budget nightmare next year, with the newly-elected Council forced to make significant revisions to the second year of this two-year budget.
Downtown: Quick Bites
Three tidbits of downtown news:
First, the Fountain Square Chipotle is now open during the same hours as are most of the Chipotle restaurants: 11 am until 10 pm, seven days per week. (When the restaurant opened, its closing time was 8:00, with plans to be open only on "special event" weekends.)
Second, the building that previously housed the troubled Phoenix Cafe (Walnut between Sixth and Seventh) has new life: it will host the Righteous Room, an upscale bar to be opened by the spring. The new bar will be owned by the same folks who own the Pavilion and aliveOne in Mt. Adams. (The building is owned by 3CDC.) Also planned are three condos in the space above the bar, priced at around $220,000.
Finally, Wah Mee (on Elm between Fourth and Fifth) will close by the end of the year. The owners cite the high rent as the reason for the closure. It's a tough location (in a basement, on a block without a lot of foot traffic). No word on a successor in that space (or in the space previously occupied by a florist at Elm and Fifth).
First, the Fountain Square Chipotle is now open during the same hours as are most of the Chipotle restaurants: 11 am until 10 pm, seven days per week. (When the restaurant opened, its closing time was 8:00, with plans to be open only on "special event" weekends.)
Second, the building that previously housed the troubled Phoenix Cafe (Walnut between Sixth and Seventh) has new life: it will host the Righteous Room, an upscale bar to be opened by the spring. The new bar will be owned by the same folks who own the Pavilion and aliveOne in Mt. Adams. (The building is owned by 3CDC.) Also planned are three condos in the space above the bar, priced at around $220,000.
Finally, Wah Mee (on Elm between Fourth and Fifth) will close by the end of the year. The owners cite the high rent as the reason for the closure. It's a tough location (in a basement, on a block without a lot of foot traffic). No word on a successor in that space (or in the space previously occupied by a florist at Elm and Fifth).
Monday, December 15, 2008
Kaldi's is Closing
An Over-the-Rhine institution is closing its doors. Kaldi's has unfortunately run its course. I hope for something new to opening up in its place, eventually. I really hope Jeremy Thompson, Kaldi's owner, is able to open up a new place somewhere in the OTR/Downtown area.
Get your last coffee/beer at Kaldi's by the end of December.
Get your last coffee/beer at Kaldi's by the end of December.
Sunday, December 14, 2008
I Get Lost In Mt. Adams, And They Want To Build A What?
There's a group in town whose mission is "to help facilitate the sale of the Cincinnati Bengals and the creation of a massive stone labyrinth in Paul Brown Stadium." Called the "Cincinnati Labyrinth Project," it even has its own blog.
In the short-term, I suppose the construction of the labyrinth could be a public works project that would fit in nicely with President-elect Obama's proposed economy recovery package. In the long-run, though, how much are people willing to pay to wander around in circles? And what's wrong with Ohio's abundant corn mazes? The CLP is trying to take money out of Ohio's farmers' pockets!
I like having an NFL team in town, even if the Bengals have a winning record only once every quarter-century or so. So I'm against the proposal. I'm willing to change my mind, though, if the Project can promise to have a minotaur roaming the labyrinth. That would be cool.
And actually, with a labyrinth and a minotaur, we could get rid of City Council elections. Just send everyone in, and the first nine to the center and back are on Council. Everyone else is minotaur-food.
Hat tip: The Dean ofCrazy Cincinnati.
In the short-term, I suppose the construction of the labyrinth could be a public works project that would fit in nicely with President-elect Obama's proposed economy recovery package. In the long-run, though, how much are people willing to pay to wander around in circles? And what's wrong with Ohio's abundant corn mazes? The CLP is trying to take money out of Ohio's farmers' pockets!
I like having an NFL team in town, even if the Bengals have a winning record only once every quarter-century or so. So I'm against the proposal. I'm willing to change my mind, though, if the Project can promise to have a minotaur roaming the labyrinth. That would be cool.
And actually, with a labyrinth and a minotaur, we could get rid of City Council elections. Just send everyone in, and the first nine to the center and back are on Council. Everyone else is minotaur-food.
Hat tip: The Dean of
Saturday, December 13, 2008
Deal, Schmeal: Half Million Dollars Spent in County Commission Races
The Enquirer's Politics Extra Blog lists the amounts spent in the 2008 HamCo races. Perhaps most surprising is the amounts raised and spent by Todd Portune and Greg Hartmann, who each ran without an "endorsed" opponent.
Greg Hartmann spent over $322,000 (on contributions of over $221,000) in his campaign against independent* candidate Chris Dole, who spent a little over $10,000 (on $2,500 in contributions). Todd Portune spent almost $243,000 (receiving contributions of over $146,000) to defeat unendorsed Republican Ed Rothenberg, who loaned his campaign $20,000 and received no contributions.
In the County Recorder race, Democrat Wayne Coates spent over $12,000 (on contributions of over $10,000) to defeat incumbent Republican Rebecca Groppe, who spent $over $133,000 (contributions of $108,000).
In the Clerk of Courts race, Republican Patricia Clancy spent $252,000 (contributions of over $190,000) to defeat Democrat Martha Good, who spent just under $33,000 (contributions of over $24,000).
In the County Treasurer's race, Republican incumbent Rob Goering spent over $42,000 (contributions of $27,000) to fend off Democratic challenger Steve Brinker, who spent a little over $12,000 after receiving just a little less than that in contributions.
Even the unopposed candidates got into the action. Republican Prosecutor Joe Deters raised no money, but spent over $47,000. Republican Sheriff Simon Leis raised $5,000 and spent $12,000. And Democratic Coroner O'Dell Owens raised over $25,000, but spent just over $1,000.
What do we learn? First, the HamCo GOP continues to enjoy a significant fundraising advantage over the HCDP. Second, it doesn't always matter. And third, people clearly think they get something from campaign contributions, as they're willing to give to candidates (of both parties) who face no opposition. One wonders whether the county GOP leadership will be wringing its hands over county offices being "for sale."
Fundraising plays too large a role in the American political process. I was disturbed by Obama's fundraising machine (he has singlehandedly destroyed the public financing system), and pay-to-play is all too common (see United States v. Blagojevich, as well as, on a much smaller, less criminal scale, this recent episode locally). I'm not sure what the solution is, or whether in a capitalist democracy, there is one.
---
*Dole is a Democrat, but ran without the party's endorsement or nomination. He did not appear on the ballot as a Democratic candidate. Rothenberg, though unendorsed, appeared on the ballot as a Republican.
Greg Hartmann spent over $322,000 (on contributions of over $221,000) in his campaign against independent* candidate Chris Dole, who spent a little over $10,000 (on $2,500 in contributions). Todd Portune spent almost $243,000 (receiving contributions of over $146,000) to defeat unendorsed Republican Ed Rothenberg, who loaned his campaign $20,000 and received no contributions.
In the County Recorder race, Democrat Wayne Coates spent over $12,000 (on contributions of over $10,000) to defeat incumbent Republican Rebecca Groppe, who spent $over $133,000 (contributions of $108,000).
In the Clerk of Courts race, Republican Patricia Clancy spent $252,000 (contributions of over $190,000) to defeat Democrat Martha Good, who spent just under $33,000 (contributions of over $24,000).
In the County Treasurer's race, Republican incumbent Rob Goering spent over $42,000 (contributions of $27,000) to fend off Democratic challenger Steve Brinker, who spent a little over $12,000 after receiving just a little less than that in contributions.
Even the unopposed candidates got into the action. Republican Prosecutor Joe Deters raised no money, but spent over $47,000. Republican Sheriff Simon Leis raised $5,000 and spent $12,000. And Democratic Coroner O'Dell Owens raised over $25,000, but spent just over $1,000.
What do we learn? First, the HamCo GOP continues to enjoy a significant fundraising advantage over the HCDP. Second, it doesn't always matter. And third, people clearly think they get something from campaign contributions, as they're willing to give to candidates (of both parties) who face no opposition. One wonders whether the county GOP leadership will be wringing its hands over county offices being "for sale."
Fundraising plays too large a role in the American political process. I was disturbed by Obama's fundraising machine (he has singlehandedly destroyed the public financing system), and pay-to-play is all too common (see United States v. Blagojevich, as well as, on a much smaller, less criminal scale, this recent episode locally). I'm not sure what the solution is, or whether in a capitalist democracy, there is one.
---
*Dole is a Democrat, but ran without the party's endorsement or nomination. He did not appear on the ballot as a Democratic candidate. Rothenberg, though unendorsed, appeared on the ballot as a Republican.
Thursday, December 11, 2008
More County Revenue
With a majority of the HamCo County commissioners apparently ready to sell advertising space on HamCo websites, maybe we should consider other places where ads could be sold:
- Video screens in the County courthouse (particularly the first and second floors). How many attorneys would pay big bucks for ad space there?
- County vehicles: ads could be sold until they looked like NASCAR cars.
- The Justice Center holding cells. Ads for bail bondsmen and--again--lawyers would sell quickly. And maybe the manufacturers of the products in the commissary would want to get in on the action.
- Corporate sponsorships for various departments. How about the MetLife Coroner's Office? Or the H&R Block Treasurer's Office?
- The Commissioners themselves. They could be like boxers, and get henna tattoos before each Commission meeting. (Of course, they'd then need to attend the meeting topless.)
County Budget, Part Deux
Each of the three HamCo Commissioners has offered his own adjustments to Administrator Pat Thompson's budget proposal. View them online: Pat DeWine, David Pepper, and Todd Portune. Of course, we here at the Cincinnati Blog have read the revised budgets so you don't have to. Here's a summary.
As you'll recall, the most controversial feature of Thompson's proposal is a $12.4 million reduction to the Sheriff's budget, which could require closing Queensgate and ending county-subsidized patrols in Green, Anderson, and Colerain townships. Commissioners are looking for ways to restore that money. The chart below indicates how each commissioner either reduces expenditures (shown by a minus) in other departments or increases revenues (shown by a plus):
Table
The big difference on furloughs is because DeWine and Pepper propose furloughing only Commissioners' staff, while Portune wants to do it county-wide (the difference between DeWine and Pepper is that the former proposes a five-day furlough, the latter ten days). The two Dems think money can be raised by selling advertising space on County websites (see the Cook County Assessor's website for an example).
Apparently, the HamCo Treasurer has recently revised its revenue forecast for 2009 upwards by about a half-million dollars. The Dems want to use this estimate, while DeWine is apparently unconvinced.
DeWine offers a fairly commonsense approach to how the HCSO budget cuts should be admininstered: let Si Leis handle it. He is not just the "expert" in this field, he's an elected department chief. DeWine also proposes charging ALL of the townships for patrols, not just the three largest.
Portune proposes a bunch of revenue additions (not in the chart) that would require changes to state law. Frankly, they seem like more of a wish list than a budget proposal. I'm not sure what the "Medical Expense Reduction Plan" is, but it's probably Portunese for "screw county employees on health benefits for the third consecutive year." I'd love to see a more detailed explanation of how he gets to over a million and a half dollars in savings in utilities and supplies.
None of them get to 12 million dollars between additional cuts and new revenue. (All of the plans are probably more akin to rearranging the deck chairs than steering the Titanic to a new course.) But each would minimize the impact of cuts on public safety. DeWine's proposal would keep Queensgate open through March. Pepper and Portune want to make sure the regional HazMat unit gets $100,000 stripped away by Thompson, but both neither are able to save Queensgate. Portune "an acceptable level" of patrols in the townships.
I suspect some combination of Pepper's and DeWine's budget will be what we see enacted. Many of DeWine's cuts seem wise in the current atmosphere, but both DeWine and Pepper propose some fairly speculative revenue enhancers (for DeWine, it's the "pay-to-stay" inmate program; for Pepper, it's the advertising plan). DeWine is "lame duck" with little to lose (his upcoming term on the Common Pleas court is six years), so he may be able to lead the BOCC through some politically unpopular budget cuts that the Dems themselves could not initiate (sort of an "only Nixon could go to China" thing).
As you'll recall, the most controversial feature of Thompson's proposal is a $12.4 million reduction to the Sheriff's budget, which could require closing Queensgate and ending county-subsidized patrols in Green, Anderson, and Colerain townships. Commissioners are looking for ways to restore that money. The chart below indicates how each commissioner either reduces expenditures (shown by a minus) in other departments or increases revenues (shown by a plus):
Table
Publish at Scribd or explore others:
The big difference on furloughs is because DeWine and Pepper propose furloughing only Commissioners' staff, while Portune wants to do it county-wide (the difference between DeWine and Pepper is that the former proposes a five-day furlough, the latter ten days). The two Dems think money can be raised by selling advertising space on County websites (see the Cook County Assessor's website for an example).
Apparently, the HamCo Treasurer has recently revised its revenue forecast for 2009 upwards by about a half-million dollars. The Dems want to use this estimate, while DeWine is apparently unconvinced.
DeWine offers a fairly commonsense approach to how the HCSO budget cuts should be admininstered: let Si Leis handle it. He is not just the "expert" in this field, he's an elected department chief. DeWine also proposes charging ALL of the townships for patrols, not just the three largest.
Portune proposes a bunch of revenue additions (not in the chart) that would require changes to state law. Frankly, they seem like more of a wish list than a budget proposal. I'm not sure what the "Medical Expense Reduction Plan" is, but it's probably Portunese for "screw county employees on health benefits for the third consecutive year." I'd love to see a more detailed explanation of how he gets to over a million and a half dollars in savings in utilities and supplies.
None of them get to 12 million dollars between additional cuts and new revenue. (All of the plans are probably more akin to rearranging the deck chairs than steering the Titanic to a new course.) But each would minimize the impact of cuts on public safety. DeWine's proposal would keep Queensgate open through March. Pepper and Portune want to make sure the regional HazMat unit gets $100,000 stripped away by Thompson, but both neither are able to save Queensgate. Portune "an acceptable level" of patrols in the townships.
I suspect some combination of Pepper's and DeWine's budget will be what we see enacted. Many of DeWine's cuts seem wise in the current atmosphere, but both DeWine and Pepper propose some fairly speculative revenue enhancers (for DeWine, it's the "pay-to-stay" inmate program; for Pepper, it's the advertising plan). DeWine is "lame duck" with little to lose (his upcoming term on the Common Pleas court is six years), so he may be able to lead the BOCC through some politically unpopular budget cuts that the Dems themselves could not initiate (sort of an "only Nixon could go to China" thing).
No News is Bad News
CityBeat's Kevin Osborne touches on the overall problem with the staffing cuts at the Enquire. Like it or not, we have only one major news gathering company in this town, the Enquirer. Local TV News stations do not gather much news, other than headlines and video. You don't get much fact and there is a void of in-depth reporting in television. What makes a real news outlet is its ability to get first run original copy on a huge variety of subjects. How is that done? You must have feet on the streets going places and asking questions. More and more we only have people working in their offices getting emails and making phone calls. Photographers will be eye witness to events, but that is about it. Sending people out for interviews? How often does that happen with a print reporter anymore? They are not given the choice. Editors don't even have the choice to let go look for news. News gathering for the Enquirer has become a passive activity. That is not just because of finances, it by design.
Fewer people doing more work is not going to produce wider or better coverage. We are seeing this first hand with the death of the Enquirer's arts coverage. You can't decimate your staff and expect comprehensive coverage. CityBeat right now, for a weekly publication, has more theatre and visual arts coverage, than the Enquirer. The Enquirer only wins in classical music, which is not a big area for CityBeat. For CityBeat, this is great news, they become the better source. I have to say for the arts and the for reading public it is really bad news. It is so valuable to have two (or more) full opinions on current local productions. With the cuts in staff at the Enquirer and the limiting of space in the paper for arts overall, there is a huge drop that hurts our society. Local News is going the way of the Independent Hardware Store. The Media Wal-marts are destroying all that is local, all in the name of profit. The media believe, with much evidence, that their target audience, suburban and exurban parents, don't leave their homes, so the only arts they care (or need to know about) are national stores, which is Entertainment most of the time, not art. It is movie and DVD releases. It is Oprah's bookclub picks. It is reaction to NY fashion. It is Seven Mary Three coming to town masquerading as music coverage.
Blogging and social networking websites are taking up some of the slack. Blogs are a but a mere firewall. Blogs are not able to provide a large enough news gathering source to make up for the shortfall. There is a market for local news, but the profit margin isn't something that is going to find any investors. Social Networks are not organized and lack focus. They are become a great way to get the word out about an event. They are still limited, but for some organizations they can reach 90% of their known audience. They don't allow a good means of expansion, however.
How as a society are we going to weather this? How do we adapt? How do we get credible news out to the public, the type news they need, not just the puff crap they are being fed?
How do we keep real journalism alive? I honestly don't know. Trust is a key element of journalism. Blogs and social networks are not great ways to build trust. Institutions are how your build credible trust that last beyond one person running a blog. We can't rely on individuals to be there all the time. We need organizations that can have credibility beyond one person's reputation. I don't know where this trust will come from. As a blogger, I will keep on looking for ways for my blog to at least be more than just me. That is not easy, so lets all keep on looking for more ways to keep news alive.
Fewer people doing more work is not going to produce wider or better coverage. We are seeing this first hand with the death of the Enquirer's arts coverage. You can't decimate your staff and expect comprehensive coverage. CityBeat right now, for a weekly publication, has more theatre and visual arts coverage, than the Enquirer. The Enquirer only wins in classical music, which is not a big area for CityBeat. For CityBeat, this is great news, they become the better source. I have to say for the arts and the for reading public it is really bad news. It is so valuable to have two (or more) full opinions on current local productions. With the cuts in staff at the Enquirer and the limiting of space in the paper for arts overall, there is a huge drop that hurts our society. Local News is going the way of the Independent Hardware Store. The Media Wal-marts are destroying all that is local, all in the name of profit. The media believe, with much evidence, that their target audience, suburban and exurban parents, don't leave their homes, so the only arts they care (or need to know about) are national stores, which is Entertainment most of the time, not art. It is movie and DVD releases. It is Oprah's bookclub picks. It is reaction to NY fashion. It is Seven Mary Three coming to town masquerading as music coverage.
Blogging and social networking websites are taking up some of the slack. Blogs are a but a mere firewall. Blogs are not able to provide a large enough news gathering source to make up for the shortfall. There is a market for local news, but the profit margin isn't something that is going to find any investors. Social Networks are not organized and lack focus. They are become a great way to get the word out about an event. They are still limited, but for some organizations they can reach 90% of their known audience. They don't allow a good means of expansion, however.
How as a society are we going to weather this? How do we adapt? How do we get credible news out to the public, the type news they need, not just the puff crap they are being fed?
How do we keep real journalism alive? I honestly don't know. Trust is a key element of journalism. Blogs and social networks are not great ways to build trust. Institutions are how your build credible trust that last beyond one person running a blog. We can't rely on individuals to be there all the time. We need organizations that can have credibility beyond one person's reputation. I don't know where this trust will come from. As a blogger, I will keep on looking for ways for my blog to at least be more than just me. That is not easy, so lets all keep on looking for more ways to keep news alive.
Tuesday, December 09, 2008
Democratic Money Burning
I have to admit: I miss the old Alex Triantafilou--the thoughtful judge who really wanted to get things right. (You may recall that I lamented his decision to leave the bench.) Judge Triantafilou has been replaced by Chairman Alex, a party leader often offering nothing but soundbites, particularly since his side lost the presidential election. He's begun what he's promised will be "occasional" feature on his blog called "Democrat Money Burn." (Alex, of course, needs a grammar lesson. "Democrat" is a noun. "Democratic" is the adjectival form of that noun. The party of the president-elect is the Democratic Party. Alex cannot change the English language just because its suits him.)
To his credit, Alex is batting .500 on his first two "Money Burn" installments. In the first, he questions whether Mayor Mallory needs another staffmember. Griff (who just won't admit he's a Democrat at heart) has also raised that concern, and I joined him in the comments. In fact, I'd go a step farther: not only should Mallory not be given additional personnel funds, but the cost of his personal security (a CPD specialist on special detail) should be moved from the CPD budget to the Mayor's Office budget--and the Mayor's Office overall budget should not be increased. Alex will find widespread support for his relatively non-controversial observations with respect to Mayor Mallory's budget proprosal.
But he misses the mark in his second "Money Burn" post, in which he criticizes the HamCo Commissioners (really, though, just Administrator Patrick Thompson, since the only budget proposal thus far released is his) for failing to decrease the budget for "County personnel," a decision Thompson justifies by pointing to the need for increased "HR" (human resources) oversight during the massive layoffs to be undertaken in the coming months. Alex writes:
As Alex knows, police officers aren't the only ones losing their jobs. And the reality is, laying people off is difficult. Employers have responsibilities towards former employers (most notably under COBRA). Moreover, HR-savvy people should be involved with layoff decisions to ensure that they are undertaken in such a way as to minimize the potential for litigation. If the county is to go through the next few months without the service of people knowledgable in human resources (which over the past two decades has become a highly specialized field), the taxpayers may as well write a check for a half million dollars or more to the Cincinnati Employment Lawyers Association (the plaintiffs' employment bar). A Republican policy-maker's decision to expose the county to massive lawsuits is one of the things that brought us this budget nightmare.
So while we need to make sure we're pinching every penny (at both the City and County levels), we need to make sure that we don't make short-term cuts that will cost us dearly in the long-run.
To his credit, Alex is batting .500 on his first two "Money Burn" installments. In the first, he questions whether Mayor Mallory needs another staffmember. Griff (who just won't admit he's a Democrat at heart) has also raised that concern, and I joined him in the comments. In fact, I'd go a step farther: not only should Mallory not be given additional personnel funds, but the cost of his personal security (a CPD specialist on special detail) should be moved from the CPD budget to the Mayor's Office budget--and the Mayor's Office overall budget should not be increased. Alex will find widespread support for his relatively non-controversial observations with respect to Mayor Mallory's budget proprosal.
But he misses the mark in his second "Money Burn" post, in which he criticizes the HamCo Commissioners (really, though, just Administrator Patrick Thompson, since the only budget proposal thus far released is his) for failing to decrease the budget for "County personnel," a decision Thompson justifies by pointing to the need for increased "HR" (human resources) oversight during the massive layoffs to be undertaken in the coming months. Alex writes:
Really? We need to spend more on HR staff so that the county can more
effectively fire police officers? Are these our priorities?
As Alex knows, police officers aren't the only ones losing their jobs. And the reality is, laying people off is difficult. Employers have responsibilities towards former employers (most notably under COBRA). Moreover, HR-savvy people should be involved with layoff decisions to ensure that they are undertaken in such a way as to minimize the potential for litigation. If the county is to go through the next few months without the service of people knowledgable in human resources (which over the past two decades has become a highly specialized field), the taxpayers may as well write a check for a half million dollars or more to the Cincinnati Employment Lawyers Association (the plaintiffs' employment bar). A Republican policy-maker's decision to expose the county to massive lawsuits is one of the things that brought us this budget nightmare.
So while we need to make sure we're pinching every penny (at both the City and County levels), we need to make sure that we don't make short-term cuts that will cost us dearly in the long-run.
To Hire Or Not To Hire: Cincinnati And Laid-Off HCSO Deputies
City Council is currently considering hiring some of the Hamilton County Sheriff's Office deputies that are being laid off due to HamCo budget cuts. (The Enquirer notes this development towards the end of this article.) It's an excellent idea. Those deputies, in many instances, would be ready to hit the streets pretty rapidly. But Council should take heed of the following:
- Cincinnati PD currently has a "recruit class" nearly finished with its Academy training. (The bright, shiny almost-officers were touring the courthouse today.) HCSO deputies should not be hired in lieu of these people, for two reasons. First, the City has already spent considerable funds in training this recruit class; discarding them is throwing that money away. Second, when the City takes on a recruit class, it makes an implicit commitment that jobs await those who successfully complete their training. Yes, sudden budgetary concerns could justify failing to hire a recruit class, but it would be less-than-honorable for the City to abandon its own recruits in favor of HCSO deputies.
- Many of the laid-off deputies will be corrections officers, not patrol officers. The City needs to make sure that these officers receive whatever additional training is needed (likely something well short of Academy graduation) to make these officers street-ready. There's a big difference between guarding Queensgate and patrolling a neighborhood (and residents generally don't like being treated as inmates.)
- The City should make sure that hiring laid-off deputies is at least cost-neutral with regards to, if not less expensive than, bringing in a new recruit class (again, after the current class has been hired). The City should save money due to the decreased amount of training these new officers would need, compared with a fresh recruit. But (and I don't know the answer to this) because some of these soon-to-be-former deputies would come in with considerable experience, the CBA with the FOP might call for them to receive higher pay. If the City is to hire these deputies, individual exceptions to the CBA should be negotiated to make sure the City isn't breaking its own budget.
Monday, December 08, 2008
County Budget: More Revenue?
In doing some research on the appropriate geographical reach of jury pools in municipal court cases, I came across Ohio Revised Code 1901.25, which requires that when a misdemeanor case arises under a municipal ordinance and proceeds to jury trial, the juror fees are to be paid by the relevant municipality. (Most criminal cases--particularly those tried to a jury--allege a violation of Ohio Revised Code rather than municipal ordinance.)
The obvious example is jury trials involving Cincinnati's marijuana law. But any case transferred from a mayor's court to municipal court would fit this description (unless the municipal prosecutor amends the charge to allege violation of the Revised Code). I tried one such case (successfully!), involving an alleged assault that took place in Norwood, last year. The police charged the offense under Norwood's municipal code. We filed a jury demand, which has the effect of automatically transferring the case from Mayor's Court to Municipal Court. For those wondering, the HamCo Prosecutor does not proceed on these cases: instead, the local municipality will have a law director that comes to Muni Court and tries the case. (Cincinnati, of course, has several full-time prosecutors that prosecute all misdemeanor offenses that are alleged to have taken place within City limits, regardless of whether the complaint alleges a violation of municipal or state law. And in some instances, a HamCo Assistant Prosecutor is the elected Law Director of a particular municipality.)
Obviously, this doesn't involve a ton of money, but we're at the point where every little bit counts. Does anyone know whether our court is recovering these fees from municipalities (including the City of Cincinnati) in appropriate cases? I couldn't find the answer online anywhere.
The obvious example is jury trials involving Cincinnati's marijuana law. But any case transferred from a mayor's court to municipal court would fit this description (unless the municipal prosecutor amends the charge to allege violation of the Revised Code). I tried one such case (successfully!), involving an alleged assault that took place in Norwood, last year. The police charged the offense under Norwood's municipal code. We filed a jury demand, which has the effect of automatically transferring the case from Mayor's Court to Municipal Court. For those wondering, the HamCo Prosecutor does not proceed on these cases: instead, the local municipality will have a law director that comes to Muni Court and tries the case. (Cincinnati, of course, has several full-time prosecutors that prosecute all misdemeanor offenses that are alleged to have taken place within City limits, regardless of whether the complaint alleges a violation of municipal or state law. And in some instances, a HamCo Assistant Prosecutor is the elected Law Director of a particular municipality.)
Obviously, this doesn't involve a ton of money, but we're at the point where every little bit counts. Does anyone know whether our court is recovering these fees from municipalities (including the City of Cincinnati) in appropriate cases? I couldn't find the answer online anywhere.
More Staff for the Mayor?
Does Mayor Mallory need a bigger staff? He seems to think so, with his budget proposal including a $50,000 increase. City Council may not agree. Is there enough staff to support the Mayor or not?
Sunday, December 07, 2008
Fun Holiday Show from the Falcon Theatre
Check out my review at TheConveyor of the Falcon Theatre's production of "It's a Wonderful Life: A Live Radio Drama". I was privileged to attend the show last Thursday thanks to the kind invite from Julie, part of the Cincinnati Blog team. Thank You Julie! Check out her other blog too!For More info on the show, check out www.falcontheatre.net.
Saturday, December 06, 2008
It's Snowing!!!
I awoke this morning to a wondrous sight: snow!
I walked home from Grammer's last night well after 1 AM and it was cold, but not snowing. To awake to a surprise of snow is an uplift. It allows for a little bit of youth to return when the flakes fall on your face. It puts you in the mood for the holiday. I've not been ice skating on the square yet, but it may be a good time. The faint hearted can't take the weather, so the rink shouldn't be too crowded.
Tuesday, December 02, 2008
KZF Design Renovating Building Downtown
KZF Design Inc., an architecture, engineering, interior design and planning firm, announced in a press release that they will be renovating a 36,000-square-foot space in two connected structures located at 700 Broadway, at the junction of Seventh and Eighth streets. According to KZF this will be a 6 million dollar project that will comply with LEED-Silver certification. A target date for completion of the project is the Summer of 2009.
Currently KZF is located in the Baldwin Building in Walnut Hills.
There is no news for increasing jobs at KZF, but this demonstrates their stability and their investment in the future of Downtown Cincinnati. Their press release does indicate that they will have 30% more space than their current space in the Baldwin Building, so expansion would not be hampered by a lack of space.
For more info on KZF, check out their website.
Currently KZF is located in the Baldwin Building in Walnut Hills.
There is no news for increasing jobs at KZF, but this demonstrates their stability and their investment in the future of Downtown Cincinnati. Their press release does indicate that they will have 30% more space than their current space in the Baldwin Building, so expansion would not be hampered by a lack of space.
For more info on KZF, check out their website.
Monday, December 01, 2008
Subscribe to:
Posts (Atom)