Heartless Bastards On TV Tuesday

Set your VCR DVR: As Griff told us last month, the Heartless Bastards will be on the David Letterman Show Tuesday night. For the truly uninformed, the show is on CBS following the late local news.

It could well be a show with high ratings, as the only other announced guest is the crew of Flight 1549. (Rumors are that ComAir intends to start landing planes in the Ohio to generate similarly positive press.)

Anyhow: make sure you watch the Heartless Bastards in their network television debut. Maybe they'll let Captain Sully sit in....

I know, I know, music is Griff's beat. I'll go back to writing about more boring things now.

Why Not A Public Safety Bailout?

For a few days, I've been thinking about a Peter Bronson column and blog post from last week, in which our favorite pundit suggests that the Hamilton County Board of Commissioners should be seeking stimulus money for the construction of a new jail. And I can't help wondering: doesn't he have a point?

First, let's take care of debunking the all too familiar Bronson histrionics. From the column:

Records show that inmates with more than 100 charges against them were "let go" in the past month. DUIs, drug possession, indecency and other relatively minor crimes are first in line. But some were charged with assault, resisting arrest, breaking and entering, domestic violence, theft and menacing.
When I toured the jail last July, long before the budget cuts, I met two dozen nmates. Only two were marijuana cases, and it wasn't their first rodeo. The rest were a citizen's nightmare: assault, burglary, domestic violence, attempted murder, drug trafficking, aggravated robbery ...

Two points:
1. Judges often set own-recognizance bonds for assault and domestic violence cases in which the only witness is the prosecuting witness, particularly if an officer sees no sign of injury and issues a referral rather than signing a complaint him- or herself. "Theft" can be shoplifting a candy bar. And menacing sounds really bad, but it's actually a fourth-degree misdemeanor--the least serious offense for which imprisonment is an option. So how many "sheriff releases" would have been required to post a cash bond if they had seen a judge? Tough to know, and Bronson doesn't help us to extrapolate the number in any meaningful way.

2. Bronson's July jail tour isn't at all representative. For one thing, he toured the jail (according to that column) alongside Public Defender Lou Strigari while Strigari was making the rounds for felony arraignments. So guess what? Bronson met accused felons; aside from B&E, all of the crimes he describes in the first paragraph I quote are misdemeanors. For another, until it closed, Queensgate was a facility designed for low- and medium-risk inmates. That meant that Bronson would only meet the highest security risks (typically, those with the most serious charges lodged against them) in the Justice Center.

Now that that's out of the way, let's move to the meat of Bronson's column: that stimulus money could or should build a new jail for Hamilton County. On the surface, the proposal makes sense. A jail facility is a public works project. In the short term, it would create jobs (in the construction trades). And there's bipartisan agreement that Hamilton County's jail facilities are currently inadequate.

Bronson's proposal does not, however, solve other critical public safety problems. It does not restore the recently laid-off sheriff's deputies. The County would still need to find a way to finance the operation of a new jail (and corrections officers to staff it). While the Democrats had wanted to provide stimulus funds to put cops on the streets, the only way to avoid a Republican filibuster in the Senate was to strip those provisions out.

So Bronson's has the hint of a good idea: federal money could be sought to build the jail that a majority of voters have been thus far unwilling to finance with locally generated tax dollars. But without a plan to fund the operation of the jail, we could be spending millions for an empty building (see Queensgate for an example of a jail that lacks operations funding). Maybe Bronson's ready to unveil the rest of his plan to get us a working jail with federal funds. But he hasn't done it yet.

Public Records Act Requires that Public Records Be Public

It's always frustrating to me anytime I find myself agreeing with HamCo GOP Chair Alex Triantafilou when he rants against local Democrats. But he's right on the money when he argues that the Cincinnati School Board has crafted a wrong-headed, probably illegal plan to shield applicants for superintendent from public scrutiny.

The Board is once again searching for a superintendent. As the Enquirer reports, the Board has decided that it will receive all applications in a post office box rented specifically for applications. The Board's plan is to leave the applications in the box, removing them as late as possible. It will then take "a reasonable time" to respond to Public Records Act requests for copies of the applications; presumably, "reasonable" means "after the decision has been made by the Board."

This is a bad idea that will probably subject the Board to a mandamus action it cannot win. The Ohio Public Records Act (R.C. 149.43) is broadly written and contains only specific, enumerated exceptions. Our Supreme Court has ruled time and time again that there exists in the law a presumption of disclosure; a public records custodian (such as the Board) has the burden of showing why a record should not be disclosed. And the Board knows that once it's in possession of an application for the superintendent job, it's a public record subject to disclosure. That's why it came up with this scheme to delay "possession" of the materials.

The Public Records Act ensures Ohio citizens that government is at least somewhat transparent. In my civil rights practice, I routinely use the PRA to gather records to determine whether a client has a claim that I can help him or her pursue; the records often provide valuable insight into the actions of government officials or the process by which they arrived at a particular decision. Journalists use the law to gain access to documents for stories for which politicians won't go on the record. Researchers use it to comply statistics.

There may be good reasons to shield superintendent applications from public view. The last time you looked for a job while you were employed, didn't you worry about your current employer learning of your job search? The potential for a superintendent candidate to be outed to his or her employer is a strong disincentive to apply. But our legislature has not recognized that interest as compelling enough to justify an exception to the PRA. And until it does, our school board needs to comply with the law.

Arguing that records in the Board's mail box aren't public because the Board doesn't really "possess them" is a lot like the Bush administration arguing that Gitmo detainees have no rights because they aren't on "American soil." The Supreme Court laughed that defense out of court, and the Ohio Supreme Court, if called upon to do so, will laugh the Board's twisted semantics right out of Columbus. Let's not dilute the laws that are meant to protect our rights as citizens.

Best of Cincinnati Voting Ongoing

The good folks at City Beat are working on their annual Best of Cincinnati issue. You can vote through March 1st here. The Cincinnati Blog is nominated; given the number of very, very good local blogs, I'm not going to be so presumptious as to campaign for your vote. But you should vote for someone in that category, if you're a regular blog reader.

It's always fun to check out the nominees in each category (and you can write in a candidate in any category as well). Some categories are simply too unfamiliar to me to justify a vote ("Tattoos/piercing," for instance). Others seem so broad as to be difficult to cast an informed vote: how many people have been to enough concerts to truly judge which was the "best" in Cincinnati last year?

A couple of my picks: the CAC as a place to take a visitor; Smith Muffler (which appears to have been written in) as best car repair; and Music Hall as best concert venue.

Oh, yeah: I also voted for Randi Rico for weathercaster. I'm hereby initiating a grassroots campaign to have Randi voted Cincinnati's best weathercaster. As I've written before, don't mess with Randi.

New YP Kitchen Cabinet

The key word on the announcement of Mayor Mallory's YP Kitchen Cabinet leardership team is "New". I only recognize one person, and that is because I am friends with her. I've long criticized the many various YP efforts in this city because the groups tended to be run by the same people. Other than my friend who is a great choice for her role, I don't know the other leadership. That is good! On the other hand, ff they don't know anything about the City and were picked because they are being groomed by the powers that be, then we will get more of the same from the YPKC.

Also, unless this group is given funds to actually take action and hold their own events, then this is all just PR for the Mayor, that doesn't do a lot to promote the city and make it more attractive to YPs.

It Snowed, Again!

As someone who grew up an hour South of Buffalo, NY, I have always been amused by the way snow is viewed in the Cincinnati. I get that people are just not used to driving in it. I would think that since we just had two days of driving last week that I would say were must more hazardous, a certain percentage of people might have learned something. My experience last does not indicate many people learned much.

I must point out one big point to people who are driving on the interstate at 20 mph with no one in front of you for miles and with the road actually cleared of a large amount of the snow that has fallen: it can't be safer under the circumstances, so you can go at least 40 mph!!!!

On my 2 hour 45 minute drive home from Mason last night, I was passing people, left and right on I-71 once I got South of the Norwood Lateral. There would be clumps of cars going 20 or 25 and I would pass them by at 40 mph like they were standing still. The people who were going 30 mph in the left lane to pass the person going 20 in the center lane, who was trying to pass the person going 10 in the right lane just don't see how they block traffic because they don't pass with effective level of speed to keep everyone moving along.

I am more and more understand why it is better for many people to just not drive when it snows. When I say it snows, I mean it snows more than 1 inch. I think Chirs Smitherman, COAST, and the Green Party of One might want to get a petition drive going to make that part of the City Charter. If they are going to be extreme, why not be extreme with something that might actual make life easier for everyone!

Cincinnati Imports - Meet Up!

The gang at Cincinnati Imports has organized a meet-up event on February 12th at the Oakley Pub & Grill. The event starts at 5:30, but should go on for quite a while, if I know the blogging community like I do.

The event is open to everyone, not just transplants to Cincinnati. The website is about making it easier for people to meet other people in Cincinnati, so if you have lived here your entire life, or are a returned ex-pat, come on out and meet a diverse group of smart and interesting people.