Brinkman Threatens Lawsuit Over $200k Parks Donation to Levy Campaign

State Rep. Threatens Suit Over Parks Donation

Brinkman calls $200,000 “an abuse of corporate powers and/or misapplication of funds within the government of the City of Cincinnati.”

Cincinnati Enquirer 10/13/15

A taxpayer lawsuit has been threatened against the city of Cincinnati over the $200,000 donation from the Cincinnati Board of Park Commissioners toward the park levy initiative.

Minutes from 8/20/15 meeting

Minutes from 8/20/15 meeting

That taxpayer is Tom Brinkman Jr., a Republican member of the Ohio House of Representatives from Mount Lookout, who has acted as a spokesman and chairman of the Coalition Opposed to Additional Spending and Taxes, better known as COAST.

Brinkman sent a letter Wednesday to City Solicitor Paula Boggs Muething. He called the Park Board donation “an abuse of corporate powers and/or misapplication of funds within the government of the City of Cincinnati.”

Ohio law creates a provision for any taxpayer to challenge its government for such reasons.

The donation by the Park Board came to light on Monday, after The Enquirer uncovered the donation in a review of public board meeting minutes.

Under Ohio law, a donation to a political campaign would be illegal if the donation were made with public funds. However, park department and board officials have said the donation is legal because it was taken from a private endowment given to the Park Board and does not constitute public money.

Park Board President Otto Budig issued a statement on Wednesday that reiterated that the money was not given to the levy campaign for Issue 22, but to a 501(c)4 nonprofit called Great Parks Great Neighborhoods, incorporated by former Mayor Charlie Luken.

Brinkman quoted a section of the Charter of the City of Cincinnati – Article XIII, Section 3 – that he believes prohibits the board to spend any money toward a levy campaign.

“Notwithstanding anything in this Charter to the contrary, no monies of the City of Cincinnati or any of its Boards or Commissions, from any source whatsoever, or funds of any other entity disbursed by the City or any of its office, campaign committee or any candidate for any public office, political action committee, or political party, or may be expended for the purpose of advocating the election or defeat of any candidate for any public office, or for the passage or defeat of any ballot issue,” the section reads.

Muething said her office has set out to explore the facts of the situation at hand and will review the action by the park board.

“We have to take time to look at the statements of the letter and investigative if there is truth to the allegation,” Muething said.

A call for comment to Budig was not returned Wednesday night.

Ohio law requires that a taxpayer give the municipality or county government the chance to act first. In this case, Muething would need to file an injunction on the city itself, in court, to reverse the action.

“I hereby request that you, as City Solicitor, make application to a court of competent jurisdiction for an order of injunction … as well as the recovery of such funds on behalf of the City of Cincinnati,” Brinkman wrote.

If not, Brinkman’s attorney Curt Hartman said his client is prepared to file a lawsuit in Hamilton County Common Pleas Court.

Hartman, who has his own practice Amelia but is of counsel to the Finney Law Firm in Union Township, has brought similar taxpayer lawsuits against local governments, including two from Brinkman and one from Cincinnati City Councilman Chris Smitherman, prior to Smitherman’s current term on council. The Finney firm is led by Chris Finney, another COAST leader.

In Brinkman challenged the “validity of the mayor receiving any additional payment characterized as an ‘automobile allowance,'” Hartman said. That case, filed when Mark Mallory will stay mayor, was dismissed when John Cranley took office because said he didn’t plan to take such an allowance.

Brinkman also challenged the “validity to the parking lease agreement when the city manager entered into an agreement that contained language different than that authorized by the city council,” Hartman said. That case was also eventually dismissed, although the parking plan was eventually dismantled by Cranley.

As an organization, COAST has been successful in the past when suing the city. Cincinnati settled half a dozen pending lawsuits with COAST by paying the anti-tax group $675,000 in January 2014.

COAST has announced its opposition to the parks levy.

The Board of Park Commissioners has its last regular public board meeting before the Nov. 3 election at 9:15 a.m. Thursday at its office at 905 Eden Park Drive.

Read the story on Cincinnati.com

Brinkman’s Statement on Fate of the Eastern Corridor

Regarding the news that the most offending parts of the Eastern Corridor Project have been eliminated, State Representative Tom Brinkman said

“I am so happy for the communities that had been threatened by this project that they finally got a reprieve.  I am honored that they trusted me to serve knowing that I would force this issue.  Special thanks to Speaker Cliff Roseburger and Senator Seitz who both worked hard helping bring this to a conclusion.”

Cincinnati Enquirer
6/4/15

Part of Eastern Corridor roadway plan killed

UNION TOWNSHIP The state has killed a controversial plan to relocate a major commuter route through parts of eastern Hamilton County – ending an arduous, years-long battle between residents and public officials.

The plan to re-route a part of Ohio 32 around Newtown and through historic land in Mariemont has been scrapped, state officials told The Enquirer on Thursday. Work will continue on other parts of the $1 billion Eastern Corridor project across eastern Hamilton and western Clermont counties, but eliminating a big chunk of the Ohio 32 relocation plan could untangle a bureaucratic mess.

“I’m elated,” Mariemont Mayor Dan Policastro said. “We’ve been saying for years (for the state) not to do this, and they finally did it. It’s going to work out for everybody.”

The Eastern Corridor is designed to improve access and alleviate congestion with roadway improvements, a new highway interchange, bike lanes and passenger rail. It has been on the drawing boards since the 1970s, and many phases have failed to move forward because of a lack of consensus and money.

Thursday’s news was a long-time coming for residents of Mariemont and Newtown, but the roadway relocation plan isn’t officially dead just yet. The state, which has spent at least $14 million planning the Ohio 32 relocation, still is beholden to a federal process that requires more time and paperwork. Ohio Department of Transportation officials say the process could be complete by the end of this month.

“This is great news, but it’s almost like you have to get the coroner involved to make sure it’s really dead,” Newtown Mayor Curt Cosby said.

State officials broke the news to community leaders, politicians and transportation planners during a closed-door meeting Thursday morning in Eastgate. It was the first major meeting about the Ohio 32 relocation since a state-hired mediator released a damning report in November.

The report revealed the utter frustration of Mariemont and Newtown residents – showing the project was plagued by government mistrust, accusations of hidden agendas and disagreements about the merits of the Ohio 32 relocation plan.

Many had long questioned the merits of spending up to $277 million on relocating Ohio 32, considering the Western Hills Viaduct and Brent Spence Bridge need to be replaced. The mediator’s findings gave extra ammunition for opponents of the roadway relocation.

Hamilton County Commissioners Greg Hartmann and Chris Monzel have opposed the project, and state Rep. Tom Brinkman tried to kill that part of the Eastern Corridor in the Legislature earlier this year. Brinkman’s efforts helped establish a do-or-die deadline of Dec. 31 on the plan to relocate Ohio 32 through Mariemont and Newtown.

“I’m pleased for the people who were going to be in harm’s way, and I’m happy that I was able to force a conclusion,” said Brinkman, a Mount Lookout Republican.

Mariemont loathed the plan because the roadway would have cut through the South 80 park, which residents use to plant gardens and for recreational activities. Newtown feared a new bypass would cripple the village’s small business district and deplete its tax base.

The mediation process helped guide ODOT’s call.

“They really cared about what we had to say,” Policastro said.

The state will consider minor congestion-relief improvements to Ohio 32 through Newtown and U.S. 50 in Mariemont. Those could include different road striping patterns and new traffic lights with prioritization technology.

The state also will continue to look at expanding Ohio 32 east of Newtown in Anderson Township near the border of Hamilton and Clermont counties.

The controversy over the Ohio 32 relocation created a negative perception of the entire Easter Corridor, Hamilton County Commissioner Todd Portune said. He now hopes the criticism will stop.

“The Eastern Corridor program is more than the relocation of State Route 32, but in the minds of the public, that’s what it became,” Portune said. “This provides some real clarity as to where this is going.”

Others aren’t so sure. Many also have questioned the merits of a plan for a passenger rail from Downtown to Clermont County. Ridership projections have been low, and the rail line has a $230 million to $323 million price tag. The state has spent $4.4 million on the railway.

“It would be a waste of taxpayer dollars,” Monzel said.

Click here to read the article on Cincinnati.com.

Four Key Ohio TEA Party Leaders Urge NO Vote by House on Budget

Ohio Citizens PAC put out the following statement regarding the impending state budget proposal.  For more information please click here.

Four Key Ohio TEA Party Leaders Urge NO Vote by House on Budget

Akron, OH – Today four key Ohio TEA Party Leaders urged the Ohio House to vote NO on the state budget proposal and asked citizens to call their House members and encourage them to kill this outrageous spending bill. The vote on the budget is expected to be taken this Thursday, April 23, 2015.OCP

Tom Zawistowski, President of the Ohio Citizens PAC said, “Glenn Newman, President of the Ohio Liberty Coalition; Ted Stevenot, President of Ohio Rising; John McAvoy, President of the Northwest Ohio Conservative Coalition; and I, are urging the Ohio House to vote NO on the proposed budget this Thursday. This budget will not only continue the illegitimate expansion of Obamacare in Ohio by our liberal Republican Governor’s failed implementation of Medicaid Expansion, but it will increase the size of state government to historic levels. With inflation at 1.6% how can a so-called Republican Governor and Super-Majority Republican Ohio House vote for a budget that grows by 9.6% in 2016 and an additional 3.9% in 2017?  How many Ohio taxpayers are seeing their income increase 9.6% per year or even 3.9%?”

Zawistowski then made a call to action, “We would hope that Liberty Group members and other budget conscious citizens will take the time to protect their wallets and call their Representatives on Wednesday. Ask them directly why they would support Obamacare when the vast majority of Ohioans are against it, it doesn’t work and we can’t afford it?  Ask them how they justify growing our state government spending by $10 billion dollars – up from the $26.2 billion spent in 2011 to $36 billion in 2017?  This is simply outrageous. Worse yet, our state’s dependence on federal dollar will reach 36% of total state spending under this budget plan. Ohio is growing our nation’s debt by becoming a welfare state. That federal money is borrowed from our children and younger voters should be outraged by this generational theft. No true Republican can be this reckless about spending. They must vote NO on Thursday or face the wrath of conservative voters next year in the Republican primary.”

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Governor Signs Transportation Budget, Eastern Corridor’s Are Days Numbered

This week Ohio Governor John Kasich signed the $7 billion biannual Transportation Budget that funds statewide transportation-related projects.  Included in that budget was a provision, inserted by State Rep. Tom Brinkman, requiring a deadline for action on the Eastern Corridor project by the end of the year.

The statement below was issued by Rep. Brinkman’s statehouse office and provided here as a courtesy to our supporters:

 

Rep. Brinkman Applauds Governor Kasich’s Signing of Transportation Budget
House Bill 53 includes provision related to Eastern Corridor highway project

COLUMBUS—State Representative Tom Brinkman (R-Mt. Lookout) today applauded Governor Kasich’s signing of House Bill 53, the state transportation budget.

The final bill included a provision submitted by Rep. Brinkman related to a construction project on the Eastern Corridor. Specifically, HB 53 requires the Director of Transportation to submit written notice to the Ohio House and Senate regarding the recommended preferred alignment of the connector between Red Bank Road and Bells Lane, otherwise known as the “Eastern Corridor.”

The provision offered by Rep. Brinkman that became part of the final version of the bill, includes a strict deadline for the Director’s written notice, which is to be submitted by the end of this year.

“I am encouraged that the governor signed this bill that includes a strict timeline for the Department of Transportation to make a decision on the Eastern Corridor project,” Brinkman said.

Gov. Kasich signed the transportation budget Wednesday morning at Daifuku America Corporation in Reynoldsburg, a suburb east of Columbus. The bill provides funding for about 1,600 infrastructure projects statewide.

Brinkman Encouraged By ‘Hardcore Conservatives’ In Return To House

New Member Profile: Brinkman Encouraged By ‘Hardcore Conservatives’ In Return To House

Gongwer News Service
Volume #84 Report #12, Tuesday, January 20, 2015

Tom Brinkman often cast the only dissenting vote during his first eight years in the House, but now, at the outset of his second stint, the arch-conservative feels like he has more in common with the GOP caucus.

“I think we do have some hardcore conservatives – not wimpy conserves – in this caucus,” he said in a recent interview.

His comments in an interview followed House Republicans’ biennial retreat, redubbed as an “advance” by former Speaker Bill Batchelder, marking the start of each session. It was the fifth such event for Rep. Brinkman.

“I’m much more optimistic than I’ve ever been at any of the others,” he said. “I think that the competition for leadership positions was a good thing, and certainly the group that won is trying to reach out and bring folks together and is listening.”

Nevertheless, the Cincinnati Republican said he’s reserving judgment to see whether his conservative colleagues’ actions follow their words. “A lot of people call themselves conservative, but they’re not,” he said.

“Dr. No” frequently irked GOP leadership when he served in the House from 2001-2008, but his steadfast adherence to conservative ideology and his blunt opposition to “wimpy conservatives” made him a hero to some in the far right wing of Ohio politics.

But eventually term limits ended his first House career and Mr. Brinkman had to find a job in one of the worst labor markets in U.S. history, he recalled. With prior experience as a salesman for printing companies, he started selling life insurance, an occupation that offers an intimate glimpse in to people’s personal financial circumstances.

“It certainly puts you in front of a lot of people, some who have been very frugal and saving and doing the right thing, and others who just let the situation grab a hold of them and strangle them. I’ve seen it all,” he said.

Becoming a licensed insurance agent also gave him personal experience in navigating the state’s regulatory process, he said. “I now know the ridiculous stuff they put up for people to do the job, and the reality is I don’t know who we’re saving. We’re basically just keeping people out of doing the job.”

Mr. Brinkman also stayed active in local politics and last year defeated former Rep. Peter Stautberg in the primary election. He said he was the first candidate to beat a caucusing Republican incumbent since 1996 and attributes his victory to a groundswell of intensely focused local opposition to the Common Core education standards.

“It was bizarre. I would actually try to develop additional issues on the campaign and I found out nobody wanted to talk about anything except Common Core,” he said. “I spent thousands of dollars trying to make an issue out of the House’s vote to give out free needles to heroin addicts. No one cared. All they cared about was Common Core.”

As such, repealing the Common Core is now the freshman lawmaker’s number one priority, he said, noting that the issue initially spurred a small group of women in the district to recruit him to challenge Mr. Stautberg.

“You got to dance with the ones that brung you and, quite frankly, I wouldn’t be here if it wasn’t for the ladies that are against Common Core. I’m against taxes, I’m pro-life and things like that, and I’m still that way. But those are number two and three now compared to opposition to Common Core,” he said.

In addition to his opposition to replacing local educational control with national standards, the Republican said he’s disturbed that the tests associated with Common Core could allow private companies to access to students’ personal data, which could serve as a marketing tool for the rest of their lives. “They’re using our kids as a commodity,” he said.

Rep. Brinkman said he viewed Superintendent of Public Instruction Dick Ross’s move to reduce the amount of time that students spend taking standardized tests each year (see Gongwer Ohio Report, January 15, 2014) as a “ploy” to alleviate opposition to the Common Core.

People often confuse the Common Core with the explosion of standardized testing in recent years, but the two are really separate issues, he said. “I don’t think the state legislators are going to fall for that, but they’re going to try to make us.”

Rep. Brinkman said he believes Common Core opponents will ultimately be successful. Even if Ohio doesn’t reject the nationwide curriculum standards, enough other states are moving that direction to make implementation all but impossible, he said. “Common Core is a monolith. It needs full compliance by virtually all the states.”

As for his broader goal of shrinking government involvement in citizens’ lives, Rep. Brinkman said he was encouraged by the state’s budget surplus and recalled that the state was usually experiencing tough economic times during most of the other budget cycles he experienced as a lawmaker.

“Whereas leadership’s always grubbing for more money because they’re going to cure all the ills of world with it, members who represent their districts realize that doesn’t really happen. So they’ll be reluctant to spend more,” he said. “Maybe this time we cut back on some of these things and not expand the role of government in people’s lives.”

Aside from politics and business, Rep. Brinkman said he spends his free time building relationships with his six adult children, who still live in the Cincinnati region.

“Somehow when they grow up they get minds of their own and they leave the nest and you can’t treat them like little kids anymore. So you have to have relationships with them. And that’s a little bit different than when they’re six years old,” he said.

While his daughter has some interest in politics, Mr. Brinkman said his five sons “could care less about any of it.”

Brinkman, a Great Conservative Investment

Say what you will about Tom Brinkman, but dollar for dollar he’s a great conservative investment!

“Although dishonest, ORP’s portrayal of the more conservative candidate [Brinkman] in the 27th House District primary as a secret Democrat could at least be explained as part of the typical incumbency protection racket.”

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Ohio GOP Wasted $112K in House District 27 Primary

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