John R. Mitchel, Lt Col, USAF (Ret)
3955 Maple Grove Lane, Beavercreek, OH 45440
Phone:(937) 427-8442
E-mail: mitch07ohio@sbcglobal.net
Sunday, March 6, 2005
Mr. J. Kenneth Blackwell
Secretary of State
180 E. Broad Street
16th Floor
Columbus, OH 43215
Mr. Jim Petro
Attorney General
State Office Tower
30 E. Broad Street 17th Floor
Columbus, OH 43215-3428
Dear Secretary Blackwell and Attorney General Petro:
I am writing to express grave concerns for the application of the rule of law and due process here in Ohio, specifically Beavercreek and Greene County, and respectfully request each of your interventions to help bring both back on track.
First, Attorney General Petro, in regard to the rule of law; Article VIII, Section 6 of the Ohio Constitution reads:
"No law shall be passed authorizing any county, town or township, by vote of its citizens or otherwise, to become a stockholder in any joint stock company, corporation, or association whatever; or to raise money for, or to loan its credit to, or in aid of, any such company, corporation, or association: provided, that nothing in this section shall prevent the insuring of public buildings or property in mutual insurance associations or companies. Laws may be passed providing for the regulation of all rates charged or to be charged by any insurance company, corporation, or association organized under the laws of this state, or doing any insurance business in this state for profit."
Even with the loosest of interpretation, I believe Greene County Commissioners, Beavercreek Township Trustees, certain Beavercreek City Council members, and appointed City of Beavercreek officials, Timothy Hansley and Stephen M. McHugh, have violated Article VIII, Section 6 of the Ohio Constitution. By voting for and/or implementing Beavercreek City Ordinances 05-03 (CEDA) and 05-04 (TIF), these elected and appointed officials have acted in direct violation of Article VIII, Section 6. Each of these ordinances obligates, commits, or pledges "to raise money for," or "loan its credit to, or in aid of," Steiner & Associates, a private, for profit company, planning to develop The Greene at Indian Ripple Road and I-675.
Furthermore, since Article VIII, Section 6 begins, "No laws shall be passed authorizing any county ......," the respondents have no refuge in the Ohio Revised Code, as I'm sure you would agree, the Ohio Constitution takes precedence over any state laws or city ordinances. Actually, we may be justified in adding to the list of respondents, those members of the Ohio General Assembly who voted to pass laws that authorized local taxpayer financing for companies, corporations, or associations, but I will leave it to your discretion to pursue those charges. In any case, this is not the first time the Greene County Commissioners have violated Article VIII, Section 6, as within the past two years they have loaned money to the Dayton Development Coalition, which in turn, used those funds to hire the Paul Magliochetti Group and The Greentree Group as lobbyists for Base Realignment And Closure (BRAC).
Next, Secretary Blackwell, in regard to due process; City Manager Timothy Hansley and City Law Director Stephen M. McHugh, have clearly sidestepped the initiative petition process by sequestering 2311 citizen petition signatures in Beavercreek City offices, and not forwarding them to the Greene County Board of Elections for the purpose of examining the signatures for validity (see Atch 1). Moreover, these nonelected, non judicial, administrative personnel have violated the Ohio Revised Code by not sending in a timely manner to the Referendum Committee by certified mail the reasons for invalidating said petition. By issuing a press release stating he rejected the petitions, that Steiner & Associates can move ahead with the development, and not informing the Referendum Committee of their right to appeal, Mr. Hansley not only disenfranchised 2311 petition signers, but exceeded his jurisdiction as city manager.
In my opinion, at best, these two Beavercreek appointed officials have made their decision on a baseless technicality, but if you do nothing, justice one way or the other will not be served. Therefore, since time is of the essence in the appeal process, I respectfully request that the Secretary of State and Attorney General direct Mr. Hansley and Mr. McHugh to immediately hand over the 2,311 Beavercreek citizens' Referendum Petition signatures to the Greene County Board of Elections for a provisional examination, pending the outcome of the citizens' appeal.
It would be a sad day indeed if one or two nonelected bureaucrats succeed in undermining the will of 2311people that took the time to sign the Referendum Petition. Therefore, please be reminded that we are counting on the sacred trust bestowed upon you by the citizens, and your leadership, to do the right thing for your constituents in Beavercreek and Greene County. Thank you for your consideration.
Yours truly,
John Mitchel
CCs:
1. Mr. Bill Schenck, Greene County Prosecutor
2. Mr. Steve Austria, State Senator, 10th Senate District
3. Mr. Kevin DeWine, State Representative, 70th House District