Union Concession Issue Isn't Straightforward

Things on Plum Street have gotten uglier, and they're not going to get better as the campaign season really heats up. But somehow, Council has to begin to work together once again. In all likelihood, 8 of the 9 current members will be responsible for next year's budget. They need to find a way to have a budget process that isn't as driven by rancor as has been present in Council chambers over the past three months. Part of doing that requires that Council actually discuss, in open session, the issues impacting the City.

There's plenty of blame to heap on both the majority and the minority on Council as to how we've gotten to where we are: a last minute hail mary effort to save jobs for the rest of the year. No matter how we got there, the FOP, AFSCME, and CODE now face a difficult dilemna. Do they give up money (for the FOP, a little more than a day's pay each month for the rest of the year) to save jobs this year, but with no promises for 2010?

The FOP is certainly not the first union being asked to make concessions in this economy. A friend who works in the aviation industry recently reminded me of the deep, deep concessions Comair pilots have made over the last few years in order to preserve jobs. But usually, when a union gives up something it bargained for, it does so with some assurance of medium- or long-term job preservation. Here, the City has made explicit that there are no guarantees for next year. And I wonder: if a school board were threatening to fire ten percent of its teachers if the union didn't agree to a pay cut of roughly 4-5 percent for four months, would we on the left be demonizing the teachers' union for its reluctance to agree to the extent the left is demonizing the FOP? I doubt it.

I had hoped Council would find some cuts to fill the gaps in the 2009 budget, and then go to the unions for concessions--perhaps much more significant than those currently sought--as part of the 2010 budget process, as the unions would then have some assurance of lengthier job security. That didn't happen. So the FOP will have to decide how much value it places on its newest members. No doubt some members would benefit financially from the concessions. I haven't run the numbers, but I suspect that some of the sergeants being displaced to patrol by the layoffs would lose less money by giving up 4.6 days' pay than they would by accepting a lesser-paying position. And hopefully, the FOP, AFSCME, and CODE can set aside the bitter taste the process has left and recognize that Council has, in the end, significantly reduced the concessions originally sought and found money elsewhere for the unions' members' salaries.

As Council approaches the 2010 budget process, its individual members will have to strive to be more understanding and more cooperative. In particular, a couple members of Council can--and must--do better than they have the last few months. Chris Monzel's fear-mongering (and perhaps race-baiting) press release early this week was regrettable; using the injury and death of citizens to advance a political agenda is simply unacceptable. And Greg Harris's role on Council has been surprisingly disappointing. When he was appointed, most young professionals were excited. We saw him as a problem-solver, someone who, having come from outside the political establishment, would be a leader on Council and above politics-as-usual. Right now, sadly, he acting as a recalcitrant hard-liner more devoted to party than principle. That may be a way to raise campaign money, but it's not any way to govern a city.

Once the ballots are counted in November for City Council, let's all promise to do all we can to force the seemingly broken Council to come together to work for the common good.

Courthouse Plaza Solution

Over the last month, we've been hearing about the increased number of homeless people sleeping out on the courthouse steps, and the mess that this is creating because some of them urinate on the plaza overnight.

Introducing: the pop-up urinal. Believe it or not, the "urilift" is a device (now deployed by a few European cities) that rest in the ground during the day, but pop up at night for those who can't find a public restroom.

Yes, of course I realize that neither the County nor the City has the money to spend on these right now. (Perhaps, though, the Urilift Company might like to donate one or two in order start attracting business from American cities.)

Initially, I was concerned that installation of these would pose an equal protection issue (can the County supply a restroom facility for men but not women?). Apparently, though, Urilift has resolved this problem by introducing the Urigienic:

I call upon Urilift to supply the County or the City with a couple of these devices at no cost in exchange for testimonials from our public officials to other American cities. It could be a great partnership!

Important Ohio Criminal Justice Bill

As this article by Sharon Coolidge explains, an important bill has passed the Ohio Senate, has the support of Governor Strickland, and is now pending before the House. The proposed law, S.B. 77, contains several important reforms for Ohio's criminal justice system. The article focuses on a provision that raises the ire of some of my colleagues, which mandates DNA samples to be taken from all people arrested for a felony. Currently, Ohio law permits DNA collection only upon conviction of a felony. Federal law already requires this for those arrested for federal offenses, but requires the DNA sample to be destroyed if a conviction is not obtained. I've not heard a good answer as to how the Ohio bill handles an acquittal. (Even if the specimen itself is destroyed, the record of it could remain in CODIS, the national DNA database, without a procedure in place to retract it.)

For me, though, there are three other, much more important provisions of the bill (mentioned in the article, but not given enough attention). These would require:

• that all police interrogations be recorded from beginning to end;
• that DNA evidence in violent crimes be preserved even after conviction and that more convicted persons have access to DNA testing; and
• that when line-ups are performed, they are done in a "double-blind" manner, in which the police officer who conducts the lineup does not know who the suspect is.

The interrogation provision is the one that faces the strongest opposition by police and prosecutors' associations. But ultimately, it will prove beneficial to law enforcement. About a year ago on a trip to Chicago, I met a Chicago homicide detective. His department had recently begun taping all suspect interviews, and he explained that it was making his job easier, not harder. He no longer had to worry about a defense attorney insinuating that a confession was coerced or obtained in violation of a suspect's rights. Motions to suppress (a procedural device to prevent the use of an illegally obtained confession) were much less likely to succeed. The tapes proved what police have always contended, the detective said: in the vast majority of cases, the police do things correctly and legally. (I tended to agree with the detective on this.) For more on this topic, check out this report, Police Experiences with Recording Custodial Interrogations.

The identification procedures mandated by the bill are also quite important. Over the last several years, a significant body of scientific literature has arisen regarding the inherent unreliability of eyewitness testimony. The double-blind procedure will help to ensure that line-ups are done in a manner that ensures the greatest possible degree of accuracy.

Republican State Senator Bill Seitz (of Green Township) has been a prominent supporter (and sponsor) of the legislation. On many issues, I often find disagreement with Senator Seitz. But--particularly over the last year--he had an extremely thoughtful voice on criminal justice issues and has been an important leader for crucial reforms in that area.

Riverfest Etiquette

Had I not gone to law school, I likely would have pursued a Ph.D. in sociology (or perhaps in economics, which over the last ten years seems to have expanded to areas that were previously thought to belong to sociology). And if I had pursued that alternate path, I'd likely do some writing on the fascinating issue of space reservation for Riverfest fireworks watching.

The fireworks aren't set to begin until Sunday evening, but since early this morning, people have been staking out their spots along the Serpentine Wall, as well as on the grass atop the Newport levee. As you can see from the pictures, people simply put down tarps (usually secured by duct tape) and leave. The people who leave their tarps make no effort to guard their spot or stay with their claimed space, but instead seem to just trust that they can return tomorrow to watch the fireworks.

This situation presents a departure from the rules governing any other situation I know of in which people wait for a particular event. For instance, when people want to buy tickets to a sporting event or concert, they can't merely show up in line, claim a number, and leave until a few minutes before the ticket window opens. (Yes, I realize that the internet has drastically reduced the camp-out-overnight-for-tickets phenomenon.) People hoping to cash in on limited-supply sales events on "Black Friday" (the day after Thanksgiving) have to physically hold their spot. Golfers hoping to play the famous Bethpage Black course without a reservation subject themselves to a complex set of rules as they wait one or more nights in the course parking lot. And a few years ago when I watched the fireworks from the observation deck of the Empire State Building on the Fourth of July (truly a fabulous experience), we had to stand in our spaces for over five hours; we didn't dare to even take a bathroom break for fear that our group would be forever separated.

So I'm curious: how has the Riverfest tradition developed? Why is it so polite--and, frankly, so easy? What prevents an unscrupulous (or perhaps just eager) fireworks watcher from removing someone else's unguarded tarp and claiming a spot of earth for themselves?

Enjoy the fireworks, everybody. And if you're going to drink down there, have a designated driver or catch a cab.

Miami (OH) vs. Kentucky

About an hour from now, Miami will take on Kentucky at Paul Brown Stadium. There's a good chance that those who attend the game will see the highest quality football to be played at PBS over the next three months. While I'm not going, as a UC fan, I've been trying to figure out who I'd prefer to win.

My inclination is to cheer for Miami. We should support our fellow Ohio schools when possible, right? And perhaps if Miami's season starts strong, UC's BCS standings will be boosted when they trounce the Redhawks on October 3rd. But, still, it's Miami! J. Crew U. Can I really root for that?

On the other hand, certainly I'm not the only downtown resident to be offended by the putrid shade of blue that's invaded our streets over the last couple of days. And Kentucky is an SEC team; no self-respecting Ohioan should cheer on a team from that conference.

I think I'm going to review the rules of the game: is there any way that both teams can lose?

WOW! That Sums It Up

A Christian Moerlein Microbrewery and beer garden at The Banks is a brilliant idea and provides two great elements: something unique and vibrant as well as something the suburbanites will flock to before and after Reds games. I wonder how many of them will know the history of the name and understand it is local? This is a place I will enjoy and I am really congratulate the City and Moerlein CEO Greg Hardman for coming up with a great idea.

Today We Settle All Family Business

Today there will be three council meetings and a deal is close with City Unions. Assuming we get the legal ruling on the Layoffs as well, everything could come together by the end of the day, except for the unions getting formal approval of any concessions.

This is the day to stay out of the way. I would not want to be Ghiz, Berding, or Monzel today. I think the GodfatherMayor may have a few questions for them before he sends them off to Las Vegas with Clemenza.

It is fun when life imitates art.

Local Blogger Exposed By John Matarese!

Well, not really. But I'm pretty sure I saw Kate the Great on the news last night. Matarese did a piece on how the United Way uses donations. (It's a very favorable piece, without even a hint of a scandal; Matarese must be losing his touch.) Katy was United Way's spokesperson for the story.

The WCPO story is online here. And if you've got a few extra bucks, make a donation. (Maybe they'll give Katy a raise!)

City Reportedly Close to Deal With Unions

The Enquirer is reporting that the City, read that as the City Manager, is close to a deal with Unions to avoid all layoffs. The bulk of the shortfall would come from consessions from the unions. In the story I got the impression this was news to the FOP President. I hope she is just playing ignorant and this ends up being all for not.

UPDATE: 700 WLW reported that the deal would include furloughs.

Will Someone Blink?

Layoffs at the city are looming and the details of the impacts are starting to be made more clear. Are we going to see the FOP or anyone on council come up concessions or with a new plan to avoid layoffs? Will one of the parties in play make choices they don't want to make? Will someone blink? Will this remain a big issue two months from now when voters go tot he polls?

In Memoriam: Erich Kunzel

The Enquirer's Janelle Garland has an excellent obituary for Erich Kunzel, a mainstay of the Cincinnati music scene for decades. I'll not add anything, except to say that I'm extremely grateful that I was able to attend a couple of performances of the Pops under his baton.

I'll leave the comment thread for folks to share their thoughts on this sad day.

Wal-Mart Supercenter To Open Soon

A little non-CBD news for those of you who think we're too downtown-centric on the blog.

Wal-Mart is set to open its Supercenter in Red Bank Village (on Red Bank Road in Fairfax) on October 28. According to news reports at the time Wal-mart announced the new store, it should have about 200,000 square feet of retail space. At about the same time, the company will close its "general merchandise" store on Highland near Ridge.

For those of you wondering about the employment impact of the new store: the employees and management of the Highland store will transfer to the new supercenter. Wal-Mart will also hire additional associates, though I've not heard how many or when applications will be accepted. My own experience with Wal-Mart (now almost a decade in the past) is that about 50 new associates will be needed, and hiring will be about 30-45 days prior to grand opening. If the company still operates as it did in the past, associates in surrounding stores will be given the opportunity to transfer to the new store (and some from nearby supercenters may be assigned there temporarily to help with grand opening). So in addition to the possibility of positions available in the Red Bank Village store, there may also be a few jobs open at nearby Wal-marts, too.

Yes, folks, I do shop at Wal-mart. Not often, and only for certain things (four-dollar prescriptions come to mind), but I do shop there. And I'm not apologizing.

For what it's worth, I'll give a shout-out to the Highland Avenue store. Five or six years ago, you couldn't have paid me to walk into that store and shop. It usually felt dirty and its in-stock position was terrible (in other words, there were often a lot of items that were out-of-stock on any given day). The last couple years, though, the store has really turned around (at least in my opinion). The store is usually clean and I don't have trouble finding what I'm looking for; the associates all generally seem to be in better spirits than in the past. My guess is the store has benefitted from a new management team. Wait times at the check-outs during peak hours remain a problem, but that seems to be a chain-wide problem the company is willing to live with(I'm not sure the company even pays lip service to the notion of "speedy checkout" anymore.)

So look for the new store, and a few new employment opportunities in the next couple months.

Support Passenger Rail at City Hall September 1st

Come out and support Passenger Rail Transportation 10AM September 1st at City Hall when the City will determine the language of the ballot initiative seeking to prevent any passenger rail in Cincinnati. COAST, the author of the ballot language purposely wrote a deceptive amendment in hopes of fooling people into thinking their effort is only about Streetcars. The goal of COAST is to prevent any passenger rail from being funding in Cincinnati. Say no to COAST and their anti-city movement.

Reminder: CEAs For Theatre Tonight @ Below Zero

Just a quick reminder that CityBeat's Cincinnati Entertainment Awards for Theatre take place to night at Below Zero(1122 Walnut Street) and start at 7pm sharp, with a mixer starting at 6pm. Come down and support local theatre!

New Rule: No BWI.

Things not to do on a Friday night (technically, I suppose, Saturday morning): post to the blog after having far too many screwdrivers. It can lead to writing inappropriate words that one wouldn't use with any ability to engage in forethought.

My apologies to anyone who was offended by last night's post.

But you really should start coming to the Cincinnati Imports events.

BWI (Blogging While Intoxicated)

Anyone who wasn't at Cincinnati Imports' pub crawl earlier tonight is a pussy asshole loser.

Best kept secret about these things: it's the best male:female ratio (from a male perspective) of any gathering in Cincinnati. This is no sausage fest.

Lincoln-Douglas? Nay

WCPO will televise a mayoral debate on October 13th at 8 p.m. I'm not expecting a Lincoln-Douglas quality debate. I think Mayor Mallory is a very capable orator and knows the issues like few others. The challenger, Brad Wenstrup is NOT known for his grasp of city issues, so I don't expect much more than a George W. Bush style performance from him. Yes, that lowers the bar for Wenstrup. I think he'll be swinging for the fence to try and make some impact on the Mayor's huge advantage. He shall strike out.

I know it was you Fredo. You broke my heart.

After learning about recent events in Democratic circles, there is some clear advice for one council candidate. If Tony Fischer is going to go fishing with his nephew and his nephew is suddenly not able to go fishing for some unknown last minute reason, then under no circumstances should Tony go out on a small boat in Lake Tahoe alone with Al Neri.

Delay School Funding For Cops?

In a new tact some council members are proposing to defer payment of 2.5 million dollars the Cincinnati Public Schools due in October. That would buy some time. I assume the four members of council reportedly pushing this newest idea beleive that if we save 2.5 million dollars, that they CPD is the most important group to retain. They are the most vocal about it, that is for sure, but not all of the jobs affected are more important than keeping more Health inspectors. I'd like to not get sick the next time I eat out.

I like where Council Member Greg Harris is going on this issue. He reportedly is inclined to support the idea of deferring payment to CPS, but he wants the FOP to step up to the plate and make concessions for 2010. We will be having the same fight next year if the FOP doesn't. The FOP president is quoted in the article as basically saying no, cut someplace else. I still do not get how the FOP can be so hypocritical and plain old greedy. Sure some would say it is their job to fight for their members and they need to have a strong negotiating position. Well, sure, but how can anyone in good conscious claim they are moral and doing the right thing for the safety of the city if they willingly take a pay RAISE while other police officers and other vital city employees loose their jobs? We are not talking about pay cuts, just a pay freeze. If there are other departments in the city not taking a pay freeze, slap one on them for 2010. If people are serious about public safety being compromised, then they should be taking these steps, the FOP should not be playing chicken with public safety. If people (like Jeff Berding and Leslie Ghiz) are not being serious about the impact of the reduction of police officers and are doing this to appease the FOP and appear (falsely) to be fighting crime, then they should be ashamed of themselves and be honest about it. Yeah, I know, that is a pipe dream.

Deferring the payment to the CPS is a short term fix. It can buy us some time. It does not solve the problem for 2010. The FOP must step up with concessions or agree that the CPD doesn't actually need the number of police officers it has.

RIP Ted Kennedy: 1932-2009

The Lion of the Senate has passed. His shoes shall never be filled.