Local News
Thursday, November 05, 2009
Complaint lodged with state against 'Fostoria's Future'Managing Editor
The campaigning may be over, but the fallout is not.
Mayor John Davoli has filed a formal complaint with the Ohio Elections Commission against the Committee for Fostoria's Future.
Davoli's complaint claims the full identification source is not listed on campaign literature distributed by the group supporting passage of charter amendments that would have switched Fostoria's government from strong mayor to city manager.
The measure was defeated 1,597 to 1,552, according to unofficial results from Tuesday's election.
Davoli's complaint claims the literature "is a clear violation of the Ohio Revised Code 3517.20 (K) (2) Political Publications Identifications of Source, where the 'residence or the business address of the candidate or the chairperson, treasurer ... appears in a conspicuous place on the political publication.'"
The evidence Davoli submitted to the OEC includes campaign fliers presented at Fostoria City Council meetings on Oct. 6 and Oct. 20; the Fostoria Economic Development Corporation meeting on Oct. 15 and distributed as an insert in the Focus' Sunday edition on Oct. 18.
The literature lists the Fostoria group's treasurer as Deb Pine, but no address is included. Pine, is the city's former auditor (Deb Souder). A telephone message seeking comment from Pine was not returned by press time today.
The complaint is scheduled to go before the OEC Dec. 17.
The commission will review the complaint and allow the Committee for Fostoria's Future to respond.
"They will be given the opportunity to tell their side of the story," Philip Richter, executive director/staff attorney for the OEC, said.
"The burden of proof for any complaint rests with the party bringing the complaint," the OEC's Web site states. "The complainant must be prepared to present sufficient evidence to the Commission that a violation has occurred."
"If the evidence is sufficient that there has been a violation, the findings can be turned over to a prosecuting authority," Richter said.
In addition, fines up to $500 could be assessed, he said, adding the commission does not have to impose a fine, and sometimes does not when it is a group or individual's first violation.
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Ph: (419) 435-6641 • Fax: (419) 435-9073
113 E. Center St. • P.O. Box 947
Fostoria, OH 44830
The Findlay Publishing Company
P.O. Box 609
Findlay, OH 45839-0609
Phone: (419) 422-5151
www.findlaypublishing.com
Please read our privacy guidelines
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3 Comments
Latest comments listed first.Stop playing games Mr. Mayor and GET BACK TO WORK. Did you file the complaint while you were on the clock? If so, you should give back a proportionate amount of salary for the tax dollars you wasted.