The Recall Timetable

Akron City Council tonight will set a date for the recall election targeting Mayor Plusquellic -- what in effect should serve as a textbook learning opportunity for political wonks. Here's hoping the central issue doesn't get lost in the tactical war.

Updated: Council President Marco Sommerville says Council will be asked to vote tonight to hold the recall election on Tuesday, June 23, 2009.

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Akron's charter provisions on a recall election leave a lot to be desired. While technically specific, even down to the language where a "yes" vote means the office holder is out, a "no" vote means the office holder remains.

Akron City Charter: Each ballot at such election shall have printed thereon the following question: "Shall (name of person) be removed from the office of (name of office) by recall?" Immediately following such question, there shall be printed on the ballot the following two propositions in following order:

"For the recall of (name of person)."

"Against the recall of (name of person)."

Immediately to the left of each of said propositions shall be a space in which the elector may vote for either of such propositions.

It even sets the benchmark dates for action by city council, how long the office holder has to resign if they choose to, and when the election will be held.

But it offers little else of guidance to voters, such as what exactly merits a recall. Expect to see a push, no matter what the outcome of the 2009 recall election, to make the charter language more specific. It would be an overdue improvement and keep the protections of a recall process in place while making the grounds more specific beyond the we-can-do-it-because-we-can school of political theater.

Council will vote tonight on setting a date, between June 20th and July 10th, for Akron voters to put this to rest. Mayor Plusquellic has until 4:30 this afternoon to let City Clerk Bob Keith know if there is a resignation coming -- fat chance, I think, but the mayor's office says there will be a letter to that effect.

Now this issue comes down to tactics; whether holding a vote with dates on either side of what is essentially two weeks of Independence Day holiday. Cruddy time to hold an election unless you hope for a really, really low turnout. On paper that should benefit the pro-recall folks, unless the anti-recall campaign is confident their campaign organization is stronger and better organized. The sooner the better, say the mayor's supporters.

The central question is whether or not you think Don Plusquellic should continue to be mayor for the remainder of his term. Period.

Critics of the mayor, led by longtime opponent Warner Mendenhall, did what the charter required in securing enough signatures to put the issue before the voters. Democracy by the rules, that's all they needed to do. Akron's charter made it easy because the number was based on the turnout of the last general election, which was very low because there was no contested race for the office. Nothing criminal or civil needed to be proven.

No case needed to be made on why Don Plusquellic should get the boot in mid-term, just that they could put the issue before voters. Those are the rules, and in systems of government where the rule of law is supreme these rules held fast. The arguments on whether a recall election should be held provided plenty of fodder for editorials and commentary but the basic truth is: with enough signatures, all recalls are possible.

That's actually a good thing, because the charter controls how democracy works in Akron. It's the document that keeps the people ultimately in charge. That critics of Plusquellic, unable to do in a primary or general election what they now try to do through recall, found an opening in the charter is the kind of political lawyering that makes most of us yawn but drives those involed in the process crazy. But it is the process, and both sides clearly know how to play this game.

Now it's up to voters to sift through the posturing and determine the real issue, which is has Plusquellic done so wrong that he should be removed now? That's the central issue voters should consider when casting their vote this summer -- and what exactly are the charges against Plusquellic to warrant this political death penalty?

Critics say their charges are substantive but Plusquellic's supporters argue they are driven more by personality conflict.

The strategy for the pro-recall will be to keep their campaign supporters invested enough in anti-Plusquellic emotion that they vote. Don't look for this in slick television or radio ads, because this emotion is best stoked under the radar. Keeping someone angry is far easier than appealing to a more noble concept of what's best for the community. This argument is made to the heart, misplaced or not. ChangeAkronNow already has their list of likely voters and a starting point. Strong emotion is a powerful motivator for action as simple as walking into a voting booth.

The strategy for the anti-re-call campaign is to get out their message that the mayor has done nothing to warrant getting the boot after more than two decades of being who he is and voters should turn aside the effort. In a nutshell: "he may be a tough old SOB, but he's our SOB." This will be a tougher campaign because the argument is one made to the brain, seeking to have reason provide enough of an emotional shove for voters to make the effort to get to the polls. Citizens For Akron also has a strong list of supporters but needs to make the case beyond individuals saying they support Plusquellic -- and turning that support into action.

Either way, this political schooling that started soon after Issue 8 at least comes to a close by mid-July...unless the political lawyering is already looking past the election.

New Year, Some New & Old

Greetings 2008; can't wait to see what kind of shenanigans we can look forward to this year but no matter what happens I don't think the local political scene can hold a candle to 2007's tight election race for Mayor Plusquellic, the rise of Russ Pry or Marco Summerville's travel travail.

Some new:

• Thorn-in-the-side of City Hall Warner Mendenhall has a new blog about public records; The People's Records provides a nice rundown of FOI issue and also spiffs this blog; thanks for the blogroll, Warner;
• Kevin Coughlin weighs in with some new rules for his New Summit Republicans (link downloads the .pdf file); it's a good rundown on what the "new" GOP has in mind for life after Alex if they're successful in dethroning Arshinkoff from the Summit County chair, led by getting a handle on the $600,000 critics say is spent to keep the party offices going;
• Bruce Kilby is heading to court whether he likes it or not over the property he owns in the Dead Poets neighborhood. This AkronNewsNow story includes our interview with Kilby as he finds himself on a side of the law the law-makers rarely see; it isn't often a sitting councilman is being sued by his own city in an Eminent Domain taking but observers could see it coming when talks started breaking down and Kilby maintains he's getting low-balled because he's a vocal critic of the Administration.

As for the old, I'm still working to prove my existence to the third-party provider of my company's FSA health savings account. As noted earlier under the heading of "Why I Hate Insurance Companies" my simple attempt to access my money being held for my health spending was denied when the company reported I didn't exist -- despite holding their card, which I had used earlier this year, in my hand and complete with account number. No response yet from supervisors who promised to call (I'm not holding my breath) so I went ahead and paid for the stuff anyway. Now starts the battle of documenting my existence; included will be the letter I got from said third-party manager noting my balance on December 5, 2007 for the account that doesn't exist.

My friend Chuck Collins noted I called this experience "Why I Hate Health Insurance Companies" on our AkronNewsNow blog. I apologize to other insurance companies at this time but reserve judgment until I need to get some of my promised money back from them, too.

The List of Thanks

OK, let the sap flow even though it's far from spring...what are YOU thankful for this holiday season?

I'm thankful for my wife Diane who puts up with so much news nonsense even though she long ago came to terms that more than 75% of the garbage we get exorcised over isn't really worth the effort. Nice to have such a rudder when the storm winds hit. Plus love really is a wonderful thing...

I want to thank Joe Finley and Warner Mendenhall for the nice reminder to the poobahs at City Hall that elected office really isn't a life term. Regardless of whether you voted for or against, it was heartening to see there were enough people in Akron who decided NOT to be automatic votes for either candidate and make the 2007 Mayor's race an actual race...

Thanks to Don Plusquellic for taking Finley more seriously than some of my compatriots in the media did. Lord knows it would be a boring job covering government without the thin-skinned Don of Akron launching off and tearing us a new one now and then but at the very least he understood he had to run for re-election rather than sitting back and letting it slide. Of course, he was able to do that once the Primary was over and done with and it was back to globe-trotting on behalf of Akron's economy...

Thanks to John Saros and the rest of the CSB crew and Don Davies and his ADM folks and the Summit County establishment for working hard under the radar and better yet thanks to the voters of Summit County who know a good thing when they saw it this past November. Nobody likes taxes, especially when it costs more money because of the way the law is worded -- and at a time when $3.00 gasoline was just around the corner -- but once again the people proved they aren't stupid when it comes to taking care of kids and people with big needs helped by common-sense solutions. Bravo on passing the CSB and ADM issues...

Thanks to the TSA for keeping our skies safe, even if not everybody remembers to keep the heat neat and locked in the closet...Marco's back in court next week...

Thanks to LeBron for bringing us close enough to a world championship to make us remember northeast Ohio used to be the home of champions; no thanks to LBJ, though, for wearing the Yankee hat and then acting surprised when he caught a dose of reality over it...

Thanks to Eric Mansfield, Steve Hoffman and Jody Miller for their friendship and arguments after the cameras go off on NewsNight Akron every Friday. Some think it's rude to argue; for the rest of us it's a debate, so get over it...

Finally thanks to Russ Vernon. What would the holidays be without spending our savings on Killer Brownies over the holidays? And while we're at it thanks to Luigi's even though we won't be stopping in after Thanksgiving through Sunday because everyone with Akron in their blood will be there or Swenson's this weekend. Hmmmm...I wonder how a Galley Boy would taste piled high with mozzarella cheese?

Marco's Moment In Muni Court

Akron Council President Marco Sommerville is scheduled to appear in Barberton Municipal Court this afternoon, where he's formally charged with packing a gun through the TSA checkpoint at Akron-Canton Airport en route to a National League of Cities convention in New Orleans last week.

If you haven't heard about this story yet it's because you didn't read a paper, surf the web, listen to a radio or watch TV; given the usual holiday dearth of hard news this one easily bubbled to the top for the Akron newsies given the powerful combination of political power and "what was he thinking?" content.

Marco was supposed to visit with WAKR's Ray Horner this morning but it's not a real surprise defense lawyer Bob Meeker stepped in; if it were my client (I'm playing lawyer on the web now) I would've weighed in with a "what ARE you thinking NOW?" about going on the air, even for an apology, before all my legal ducks were in a row. I note, however, that Marco did phone Ray to talk with him early this morning and explain the reasoning and Meeker did the same thing a few hours later.

So here's the way it should play: we'll find out this afternoon is the Marco charges will be bumped up to the feds. The FBI reportedly examined the case but it could go either way; there was no intent to break the law and when it comes to criminal charges "intent" is the operative word. For all those screaming for Marco's head on a platter and accusing him of getting preferential treatment it is important to note the handful of folks who've screwed up and forgot about their guns in other CAK cases were also allowed to continue their travel and face the music when they got home. The tune played usually wound up as a plea to a misdemeanor, public service and a fine.

Does anyone really believe Marco intended to pack a gun for the flight to New Orleans? Is the airline snack service that bad that you need to hold attendants at gunpoint for a bag of nuts rather than pretzels.

Big mistake, not thinking doesn't lead to jail time in these cases. Whether it should is another story and something TSA reportedly wants to get a handle on so at least the pursuit of the law is uniform at each airport around the country.

More Marco Moments

Today one of my Starbucks barristas lent her voice to the talk over Akron Council President Marco Sommerville's trouble with a loaded .38 in his bag while en route to boarding a plane at CAK. She's a Christian woman, she tells me, but then whispers "what the HELL was he thinking?"

Here's the answer.

"I wasn't," he tells friends and family who were asking the exact same question (albeit some with more forceful language). That's the one-on-one Marco had with WAKR morning host Ray Horner, although not on the air -- yet. Sommerville's lawyer has already done most of the talking here and Marco confirmed for us he does have a concealed carry permit and just forgot the gun was in his carry-on luggage while moving through the security checkpoint at the Akron-Canton Airport to lead a contingent of Akron council reps to the National League of Cities get-together in New Orleans. (sidebar: is it just me or does anyone else find it interesting a leading major city Democrat has a concealed permit and regularly packs a gun, even for business purposes? I thought all those folks were supposed to be gun control wackos...)

An honest mistake, but now there are more questions on what happens next.

Marco's attorney is Bob Meeker, and he tells AkronNewsNow this isn't the first time someone has been popped with a piece at the TSA checkpoint; in fact, he says, three others were treated as misdemeanor violations when they went through the court system and it stands to reason Marco would be treated otherwise. The Council President was also allowed to continue on his trip as long as he agreed to face the music when he got back, also typical treatment in cases such as this where the perpetrator clearly acted out of ignorance and wasn't pulling an Osama by slipping weapons past the security inspectors.

But today's Akron Beacon Journal reports police may seek to serve Sommerville with a felony warrant when he gets back in town. Is Marco being subjected to a higher standard because he's a government official? The conspiracy theorists speculate Sheriff Drew Alexander, as a Republican, will push for the felony warrant and the feds will then take over throwing City government into turmoil because Marco will be turfed from office since felons can't serve. Alexander says most of that story is bunk, telling AkronNewsNow the treatment is typical and he expects the rest of the way out to be typical, too.

Makes a nice story to fill space in the paper (and online in blogs, thankfully) but don't look for it to get that far.

If it's a felony warrant it'll be because that's the way the law is supposed to be, followed quickly by a plea on misdemeanor charges just like everybody else. Most of these cases of innocent what-the-HELL-where you thinking stupidity wind up exactly where they belong: in a muni court, not a federal case, with time served and fines paid and embarrassment serving a more fitting punishment. But in the meantime it gives ink-and-electron stained scribes something to fill space and time with, which in the greater scheme of things is a welcome change from the usual pre-holiday fare involving 765 different ways to cook a turkey, how many police will be looking for boozers, what gas costs and the hassles of flying during the busiest travel time of the year blah-blah-blah.

Shameless plug: Marco's scheduled to be in-studio with Ray Horner on 1590 WAKR Monday morning in the 8:00 hour. He's been a stand-up guy off the air, telling us he knows he messed up (even Marco asked what-the-HELL was he thinking, barristas!) and will take the medicine. Sommerville is not the kind of politician to duck questions from reporters or the public, taking phone calls many times while on our airwaves. I'm just hoping the warrant blood lust holds off enough so Marco doesn't have to call us collect from the Barberton lockup.

Another Typical Akron Tuesday

A week after the elections and already the news hounds are bored; how the last five hours provided the spice of life for the ink-and-electron stained wretches doing your news for you. Too bad we don't get paid by the hot story.

First things first the big wreck on I-77 at South Arlington that basically left the world south of downtown a parking lot for four hours. NewsChannel 5 reports the driver of a pickup truck was critically injured.

Then there was the electrical vault fire that spewed black smoke over downtown and spoiled the late afternoon for the lizards still pumping down a drink or two near Canal Park (OMG, how did the late crowd at Brico wet their whistle?) but worse yet knocked out power to just about all of the business district of America's 74th largest radio market -- including the corporate headquarters for FirstEnergy, parent company of Ohio Edison. Power may not be fully restored until Wednesday.

The resulting scramble was such a mess the Akron PD begged people to avoid downtown at all costs since it was pure gridlock. Our partners at WKYC had Akron-Canton anchor Eric Mansfield standing in the dark on their 6p broadcast and their 630p cablecast news; usually his perch beside the ballpark is a fine location to show off the lights downtown but not this evening.

Oh, by the way down the pike today the auction began on the guts of Hoover. The once-mighty worldwide sign of northeast Ohio corporate and industrial dominance has been reduced to people coming from around the country to cart off machines and whatever else is ready to go from the North Canton location where Boss Hoover once ruled a worldwide empire made possible by machines that sucked -- literally. How the King of Vacuum has been reduced to this still makes me shake my head but now even the marble topped fireplace facade in the private office where Boss used to do his business is up to the highest bidder. Hell, even the room where the Boss really did his private business is up for grabs; as of this writing I hadn't heard if anyone was able to cart off the tile floor, sink or commode in Mr. Hoover's private bathroom.

Before I wrap up: Akron Council President Marco Sommerville and a handful of other members of Council were taking their annual junket to the National League of Cities meeting in New Orleans when they ran into a snag; seems Marco forgot to pull his piece out of his carry-on. The TSA at CAK felt and FYI was DOA and arrested city government's second most powerful politician for packing heat in his bag. WKYC's coverage was anchored by Bill Safos but Eric Mansfield tells me the law enforcement community, as a whole, as unavailable to comment on this bust but the Barberton prosecutor has the case since Akron-Canton Airport is in the Barberton Municipal Court district. Early word suggests Sommerville will face charges since the feds have a well-deserved reputation for not thinking too kindly of people smuggling weapons onto planes, whether they just forgot or not. I'm guessing here that Marco has a legit reason for a concealed carry permit but that doesn't mean squat on a plane. Our efforts to get a call on the cell returned failed but we'll try again tomorrow.

I think this Friday night's NewsNight Akron program on PBS 45/49 should be interesting...