Category Archives: Greene County

Greene County Court Moves Mitchel Lawsuit to Allen County Judge

According to Aileen Crawford, Greene County Common Pleas Court Assignment Commissioner, Judge J. Timothy Campbell moved Plaintiff John Mitchel’s public records lawsuit against County Prosecutor Steven Haller and four County Commissioners to former Third District Court of Appeals judge, Sumner E. Walters of Lima. In March Mitchel filed suit against Mr. Haller, current Greene County Commissioners Richard Perales and Marilyn Reid and former Commissioners Ralph Harper and Reed Madden to compel them to produce public records related to the $1.9 million BRAC Initiative Agreement awarded without competition to the Dayton Development Coalition in September, 2003. Ms. Crawford stated that jurisdiction moved to Judge Walters because of a possible conflict of interest between Judge Campbell and Greene County Prosecutor, Steven Haller.

In response to the announcement, Mitchel responded, “I’m pleased that Judge Campbell recused himself from the case and transferred jurisdiction to Judge Walters. Although it will delay final resolution of a citizen’s serious allegations that elected officials are withholding public records in violation of Ohio statutes, it’s an important step forward to shine a bright light on Greene County government. These records are just as important to the defendants as they are to the citizens. Our elected officials are entitled to their day in court, and of course Greene County taxpayers have a right to know where their tax dollars are being spent.”

Real problems undermining our children’s economic future

By John Mitchel

A while back the Beavercreek (Ohio) mayor was investigated for an alleged conflict of interest regarding a service contract with a private developer. Before the 2008 election, the Ohio Elections Commission investigated a candidate for Greene County recorder for removing an opponent’s yard signs. Recently a former Xenia Assistant Prosecutor appeared in court for allegedly scamming a client during an estate settlement. I suppose covering allegations on ethically challenged elected and appointed officials are warranted, but there are much more serious infractions being ignored by public officials and the press.

Take for example other shenanigans going on in Greene County. For nearly two years this reporter has been investigating the 2003 BRAC Initiative Agreement between Greene County Commissioners and the Dayton Development Coalition. There’s a mountain of evidence that points to bid-rigging, illegal campaign contributions and money laundering, a violation of the Racketeering Influenced Corrupt Organizations (RICO) Act. Just follow the $1.9 million that starts with Greene County tax dollars; then through no-bid contracts, goes to the Dayton Development Coalition; then to Greentree Group, a Beavercreek government support contractor and then to Washington lobbying firm, PMA, which is under investigation for illegally bundling campaign contributions to John Murtha, Dave Hobson, Steve Austria and over a hundred other members in the U.S. Congress. From there it turns up as campaign donations from associates and family of these private corporations to Hobson, Austria and other elected officials. Finally, the money is spent on questionable expenditures, including spending by “Dave Hobson for Congress” on pest control, maid service and lawn-care, not to mention over $90,000 in other undisclosed expenditures. (Source: www.opensecrets.org)

If both public officials and the press take the time to address petty squabbles among city councilmen, intra-party bickering involving a two-dollar yard sign and relatively low-dollar abuses by former public officials, you’d think they would be all over a $1.9 million “earmarks-for-campaign-cash” scheme perpetrated in part by former and current U.S. Congressmen. These are the real problem that undermine our children’s economic future and it’s time the media shine a bright light on their abuses.

Steve Austria doomed to defeat

It’s never too early to face the facts, not to mention plan for their consequences, and the simple truth is that Steve Austria will be gone from Congress no later than 2012. The reason; after the 2010 census, Ohio will lose two congressional seats and the 7th Congressional District will be carved up to protect more senior incumbents from both parties. Here’s why you can take that to the bank.

Ohio is dying — that is reflected in the fact that since 1980 we have lost five Congressional House seats. As those seats drop off the electoral map, the competition for the decreasing number of voters becomes keener and the preferred method of competing is to make promises you can’t keep, including earmarks and spending for your constituents, but more important, for special interest campaign contributors. Because there’s only so much campaign cash to go around, fund-raising has become a ruthless science based on deception and fear mongering. Although it won’t do Steve Austria and his lobbyist spouse any good in the long run, here’s how they came to power, which also explains why they will be irrelevant at the turn of the decade.

Both Steve and Eileen Austria sat on the Dayton Development Coalition Wright Patt 2010 Advisory Committee, Steve as a State Senator and Eileen as Dave Hobson’s District Director, and as such, rubbed elbows with Miami Valley’s most wealthy and influential “kingmakers.” Since Dayton is dying faster than the rest of south-central Ohio, the powerful elitists in Montgomery County thought it was only fair they redistribute Greene County wealth among the Coalition’s inner circle. Although the double dealing is wide and deep, the 2003-2006 $1.9 million taxpayer-funded BRAC Initiative Agreement provides us with the most flagrant and transparent example of “pay-to-play” politics. Steve and Eileen Austria as well as Greene County elected officials were willing participants because that guaranteed political success, at least for the short term.

Briefly, here’s the money trail that starts with Greene County and Ohio taxpayers and ends with Dave Hobson, Steve Austria and other elected officials after it is money-laundered through the Coalition. In 2003 Greene County Commissioners awarded $1.9 million to the Dayton Development Coalition to protect existing jobs and attract others to Wright Patterson AFB. The Coalition in turn hired the Greentree Group in Beavercreek, Washington lobbyist PMA Group and other high priced consultants who had passed through the revolving door from the Department of Defense to the private sector. For example, IRS public disclosures indicate that the Coalition President and CEO, a former Air Force officer and close friend of the Austrias, received more than $500,000 in compensation in 2005 and 2006, the last two years of the BRAC contract. According to www.fec.gov and the Greene County Board of Elections, he in turn contributed thousands to Hobson, Austria and other elected officials in Greene County. The list goes on and on. Greentree associates and their families have contributed over $50,000 to Hobson and Austria. In return they received Hobson earmarks and a “no-bid, no work, no value added contract” funded by an interest free loan, $900,000 from the Ohio Third Frontier initiative and an outright $100,000 grant. During the period of performance of the BRAC Initiative Agreement, the Dayton Development Coalition paid lobbying firm PMA over $500,000. According to www.fec.gov, over the years PMA associates and their families contributed more than $100,000 to Hobson and Austria. PMA has recently closed its doors after being raided by the FBI in November following allegations they illegally bundled campaign contributions to Dave Hobson, Steve Austria and other Congressmen, which brings us back to the 2010 and 2012 elections.

Compared to Austria, the four Republican Congressmen whose districts border Austria’s 7th District (Turner, District 3; Jordan, 4; Boehner, 8; and Tiberi, 12) are virtually untouched by the PMA scandal. The political reality is that after the 2010 census, they will all need Republican votes from the 7th District to survive. Regardless of which party controls redistricting after the 2010 census, Republicans will be Mr. and Mrs. Austria’s worst enemy as they will carve up the 7th District and redistribute conservative voters among neighboring districts. In short, because of the PMA scandal, Austria will be odd man out to protect the other four Republican Congressmen in central and south central Ohio. Maybe then folks in Greene, Clark, Fairfield and other counties in the 7th District will understand the real Hobson/Austria legacy.

Greene County GOP boss trashes 1st Amendment

Yesterday, according to John Mitchel, Marilyn Reid violated his First Amendment right to free speech by confiscating copies of a news article describing a pending lawsuit against Reid, Greene County Commissioner and Executive Chair for the Greene County Republican Party. Before the monthly Greene County Republican luncheon meeting at a public restaurant, Reid gathered up the handouts that were placed on the tables, saying, “This is a Republican meeting, not a lawsuit meeting.” Former Air Force Lieutenant Colonel John Mitchel is an elected member of the Greene County Republican Central Committee and challenged Steve Austria in the March 2009 U.S. District 7 Republican primary.

In response to the incident, Mitchel commented, “Ms. Reid has taken it over the top. For years she has exploited her leadership position with the Greene County Republican Party for personal and family gain, but this flagrant violation of a constituent’s right to free political speech seals the deal on her self-interested motives. Elected members of the Greene County Central Committee who are invited to the meeting, have just as much a right to express their opinions as Ms. Reid. Apparently Marilyn has no use for dissenting viewpoints coexisting with her agenda. This is an embarrassment to the Republican Party and an insult to Greene County citizens, particularly those who have served in the military. It’s time for Ms. Reid to step down as Greene County GOP Chair in favor of someone who is willing to listen to those who may have opinions different from their own.”

Greene County elected officials named as defendants in civil suit

On Friday March 13, Plaintiff John Mitchel filed suit in Greene County Common Pleas Court against County Prosecutor Steve Haller and County Commissioners Rick Perales and Marilyn Reid. He also named former Greene County Commissioners Ralph Harper and Reed Madden as Defendants in a writ of mandamus requesting the court order defendants to produce public records related to Greene County’s 2003 BRAC Initiative Agreement with the Dayton Development Coalition.

In response to filing the civil suit, Mitchel commented, “The last time I checked our elected officials were accountable to Ohio statutes just like their constituents. Ohio law strictly defines county commissioners’ oversight responsibilities in contracts such as the BRAC Initiative Agreement with private corporations such as the Dayton Development Coalition. Furthermore, the Ohio Revised Code (O.R.C.) clearly states that records related to the BRAC Initiative Agreement are “public records” and as such, are subject to public scrutiny. Moreover, through information available in the public domain I have identified a clear money trail starting with Greene County taxpayer dollars passing through the Dayton Development Coalition and un-bid contracts with private consultants, the Greentree Group and PMA, a Washington lobbyist, and then on to former Congressman Dave Hobson and Hobson’s replacement, Steve Austria. For example, over the years PMA contributed over $60,000 to Hobson and Austria campaigns. According to the Associated Press, PMA is under investigation and will shut down operations by the end of March. Paul Magliochetti, who founded PMA in 1989, has hired criminal defense counsel.”

Mitchel added, “What we have here is compelling evidence of bid-rigging, “pay-to-play” politics and money laundering, a violation of the Racketeering Influenced Corrupt Organizations (RICO) Act. However, I want to make it perfectly clear that this suit is specifically targeted only to public records releasable pursuant to O.R.C. Chapter 149. Once those records are produced we will be able to determine whether or not to go forward with the case in a higher court.”

Austria contributors in bad company

Although it was not announced until recently, back in November the FBI raided the offices of PMA, a Washington lobbying firm. Just like Dave Hobson before him, Congressman Steve Austria received thousands from PMA associates, including Paul Magliochetti, who founded the firm in 1989. According to John Bresnahan, Politico, sources close to PMA said the firm has “disintegrated” in recent months and Magliochetti has hired criminal defense counsel.

For more than two years this reporter has been requesting an investigation into Hobson’s and Austria’s connections with PMA and the Dayton Development Coalition. I have been seeking public records from the Greene County Commission that could point to Hobson and Austria steering the no-bid BRAC Initiative contract to the Coalition in 2003. According to Bresnahan, Pentagon officials are also studying whether the military is “receiving value” for work done by small defense firms like Greentree Group and Qbase, two companies paid by the Coalition to work on the BRAC Initiative, a $1.9 million contract funded by Greene County taxpayers. Greentree and Qbase employees have also contributed thousands to Hobson and Austria. Furthermore, according to www.opensecrets.org, during the BRAC Initiative period of performance (October 2003 – September 2006), the Dayton Development Coalition paid PMA more than $500,000 to lobby on “real estate” matters. I have a hard time connecting the dots between “real estate” and protecting defense related jobs at Wright-Patterson.

In any case, it’s time Dave Hobson and Steve Austria return their PMA contributions or better yet, give them to charity as other legislators have pledged to do, unless of course Hobson and Austria expect they will need that money at some point for their own criminal defense counsel.

$900,000 missing in Greene County?

By John Mitchel, LtCol, USAF (Ret)

John Mitchel, Patriots Against Public Corruption founder, announced that he would testify before the Greene County Commission on February 10th at 9:00 AM. He claims that the Greene County Commission has conspired to illegally launder County tax dollars into the campaign funds of Dave Hobson, Steve Austria and other Greene County politicians. Furthermore, according to Mitchel, the Board of Commissioners has collaborated with other elected and appointed officials to cover up pervasive “pay-to-play” politics in Greene County.

In response to the announcement Mitchel commented, “In 2003 the Greene County Commission signed an un-bid contract with the Dayton Development Coalition for $1.9 million to lobby for Wright Patterson AFB during 2005 Base Realignment And Closure (BRAC) negotiations. Except for politicians, officers and staff at the Coalition, and a few consultants, this sweetheart deal did nothing to advance economic development in the Miami Valley, let alone Greene County. Not only does this look and smell like money laundering on behalf of Austria, Hobson and others, it may violate three state laws, not to mention the federal Racketeering Influenced Corrupt Organization (RICO) Act.”

Mitchel added, “I think it’s strange that even though the contract was for $1.9 million, only $1 million was financed by Greene County taxpayers through a grant and Economic Development Note with interest. I believe the citizens first should know why they paid the interest on an interest-free loan to the Dayton Development Coalition, a private corporation, and second, what is the source and what happened to the unaccounted-for $900,000. Sooner or later we will learn the answers to those questions. Hopefully that will happen Tuesday after I offer my testimony before the Greene County Commission.”

Austria Economics 101

By Andy Myers

H.R. 156 or “Stop the Congressional Pay Raise Act” was introduced January 6th of this year by Rep. Harry Mitchell (D) Arizona. There are 72 co-sponsor’s of this bill including 3 from Ohio. Mary Jo Kilroy (D) OH-15, Robert Latta (R) OH-5 and Zachary Space (D) OH-18.

Where’s Representative Steve Austria (R) OH-7? Would this not be a show of solidarity with those struggling in District 7. For Mr. Austria to co-sponsor this bill, which is sensible when so many in his district are struggling to make ends meet, is a no-brainer?

Last year 2.6 million fellow citizens lost their jobs raising unemployment to it’s highest level in 15 years. Countless others have had their pay reduced or frozen.

What did Mr. Austria and Congress do in these dire economic conditions? They gave themselves a $4,700 dollar cost of living increase raising the average salary to $174,000. Elected officials “giving themselves” pay raises is hardly popular.

In addition to our federal representatives, some state legislatures also like to “stealthily” increase their pay in late night sessions so as not to allow their constituents a voice in the matter. Just ask the Pennsylvania state legislators that got voted out of office in 2005 after they increased their pay in one such session. The legislature had a “change in heart” a few months later, but more than 20 lawmakers lost their jobs over it, according to Taxpayers for Common Sense.

We have a “fresh slate” in Congressional District 7 with 1st term Rep. Austria. Not only should Mr. Austria develop strategies to assist with sustaining and developing job growth in our area, he should also show “commons sense ethics reform” by co-sponsoring H.R. 156.

Call Rep. Austria’s office at (937) 325-0474 or send him an email at https://forms.house.gov/austria/contact-form.shtml asking him to show some solidarity with the people struggling in the 7 counties he represents by co-sponsoring Stop The Congressional Pay Raise Act.

Comparing the City and Schools Revenues and Their Respective Tax Issues

By Daniel Downs

If you haven’t read the News-Current lately, you missed an important announcement. Xenia Community School officials are putting their huge bond issue back on the ballot in May. As the News-Current noted, 59% of the voters rejected another large long-term tax increase to fund the building of new schools.

The big push by school administrators and our elected school board is for the building of large complex for the high school and other community organizations. Rebuilding schools that have been around since the time I was born, which was around the time God created the earth, are of secondary importance. Among those schools are Shawnee Elementary, my first school, Cox Elementary, my second, and Spring Hill Elementary. Oh, my, I forgot the administrators want out of that ancient administrative building on the East side like yesterday. What is not needed is the current plan for less than the best type of schools.

To top it all off, voters will be voting on the city’s 5.0 mill operating tax levy in February. Having talked to my council member, read the council minutes, and reviewed the latest annual financial report, it is obvious that the city needs more money to compensate for the rising cost of doing business. Inflation continually reduces what a dollar buys. I just don’t see the need for an annual increase from $417,000 to about $1.9 million. I would certainly vote for a renewal and possibly for an addition 1.5 mills. But, in a deep recession, any new tax increases don’t seem like a good idea.

Nevertheless, let’s look at the two tax issues.

A renewal of the city’s 3.5 mill operating tax levy would continue generating the same amount it has since 1959, which is $417,000. As mentioned above, the proposed replacement levy of 3.5 mills with an additional 1.5 mills means property owners who used to pay around $26 a year for property valued at $100,000 will now pay an additional $153, which breaks down to about $12 more a month. However, those figures only cover the 3.5 mills plus a 1.5 mills addition. They do not reveal the overall amount of property tax paid to the city. The same owner of a $100,000 home currently pays about $135 in property tax to the city. If the levy is passed, the same homeowner will be giving the city $288 a year.

As everyone who is making a buck knows, the city taxes every dollar earned at the rate of 1.75%. The income tax generates about $9 million a year. That is over and above the $9 plus million residents pay for like water, sewer, and sanitation services. So the current levy is a relatively small but necessary part of the city’s operating budget. Because of inflating costs, the 3.5 mill levy now is worth only .92 mills. In other words, the city needs more revenue in addition to the inflationary rise of income tax revenue, which this year may decline along with their earnings on investments.

During the 2006-2007 school year, Xenia Community Schools received almost $3 million from its 0.5% income tax levy. The school district’s combined property tax levies is 43.9 mills, which brought in about $20 million. A family whose home is appraised at $100,000 pays the school district about $960 a year in property taxes. The bond issue would increase that amount to $1,092.

To see the whole picture on taxes, it must be realized that the total property tax burden of the above homeowner is currently $1,504 dollars a year. The tax proposed by the city will increase it to $1,657. The school bond issue would increase it to $1,769. The same property owner also pays the Greene County Career Center a little over $75 per year, and the County around $316. To repave our deteriorating side streets, voters will have to pass a bond issue to cover the estimated $30 million in costs. Moreover, every working resident currently pays 2.25% of their income to the city and the school district. Without any deductions, a family with annual income of $60,000 pays out $1,500 in income tax. If state and federal income taxes as well as sales and gasoline taxes are accounted for, the tax burden of voting tax payer is getting little too heavy for this deep recessionary period. We can all give thanks to the federal government for it too.

A look at foreclosures in Greene County and beyond

The bubble bursting housing market set off a rapid decline resulting in our current economic depression. Bursting of the housing market bubble was exacerbated by sharp rises of oil, food, and everything else. The fix envisioned by bureaucrats at all levels is more government intervention and monetary policies resembling New Deal socialism. The ownership of capital markets is the end of economic freedom.

The problem with our government’s corporate banking and business bailouts relates to a general rule of thumb that goes something like this: Government programs tend to last nearly forever. Historically, the promise of a temporary alleviation is most a government ploy to increase power. Welfare was supposed to be a temporary solution to economic crisis before and after WWII. Welfare statism is the norm on both sides of the Atlantic. Federal tax reimbursements to local communities with federal facilities were to compensate local schools, thus making taxation fair and equal. That an excuse for Congress to initiate the Elementary and Secondary Education Act. ESEA and its newest version NCLB was supposed to help the poor obtain a quality education. The old song and dance is still sung by bureaucrats, but ESEA has never just helped the poor or poor school districts. ESEA has always benefit non-poor. The same is the case with State Children Health Insurance Program. These are programs like all other socialist program to rob American of their freedom supposedly with their consent.

Once government gets the control over money, markets, jobs, and the rest of our lives it will not like end without the same struggles that George Washington, Abraham Lincoln, Polish, or the many other peoples across the globe. The consolation is that our written national compact still gives Americans a peaceful means to right wrongs of government.

Anyway, foreclosures (and property ownership) serves as an indicator of the state of American economic independence. According to reports by RealtyTrac, foreclosures in the U.S. rose 80% in 2008. Foreclosures in Ohio soared 26 percent. Of 113,570 filing in Ohio, the Miami Valley accounted for only about 14% or 16,318. It seems property ownership that is supposedly the realization of the American dream is more illusion than reality. The reality is no one owns any property, at least for 20-30 years, except the federal money market.

The good news is foreclosures in Greene County were relatively low by comparison to the rest of Ohio. Only 940 foreclosures were recorded in 2008, which is less than 1% of all Ohio filings and only 5.8% of all foreclosures in the Miami Valley. Greene County is thus blessed compared to other surrounding countries.

Greene County residents also adhered more to principles of our founding during the past election than many other regions. Could there be a correlation?