This is the fact-based story of Clermont County Commissioner David Uible voting for his own appointment to the Clermont County Convention and Visitor’s Bureau (CVB) Board and then using the organization for political gain. It is all based on public records and publicly available information from multiple sources over time. It is about a series of events in self-interest, not one event. While it has a point of view (Uible is not a good actor as Commissioner), it avoids innuendo. It can be hard to accept, but we must wake up to the realities. It starts with some history of improper action in our county and then goes to Uible’s actions involving the CVB.
In Clermont County, we have historical examples of commissioners in single acts suffering significant consequence. Circa 1987 Commissioner Jerry McBride Votes to Promote his Girlfriend / Fiancé McBride voted on a single promotion of his girlfriend / fiancé (and then immediately rescinded).
Circa 2006 Commissioner Mary Walker Votes a Contract to her Son’s Firm Walker voted on a single contract to her son’s firm.
POINT: We have had Commissioners voting in self-interest on single, smaller matters (raise for girlfriend/fiancé, 1 contract) result in special prosecutors and indictments. Let’s examine Uible’s actions with the CVB and then ask, “Where is our prosecutor or a special prosecutor?”
Commissioner David Uible’s interaction with the CVB is far more blatant over a far longer time period than the actions of McBride or Walker. Uible voted himself onto the CVB Board (not his girlfriend / fiancé). That vote then gives him control and access to $700,000 a year of taxpayer funds with no transparency. He used that Page 1 January 14, 2018 position to reward business associates and further his own interests. He benefited directly (access to funds, trips, no reporting to the public). He helped his business associates (Chris Smith and Jim Comodeca). He lobbied legislation using the CVB as a cover. He directly engaged a property owner (Red Barn) who stood to benefit via the FC Cincinnati deal. It is 10x as clever as McBride or Walker.
Here is an attempt to lay out some of the main points:
Following are details and documents in support of points on this chart.
Uible, as Commissioner, was involved in choosing who is the recognized CVB for our area. That CVB received the “bed tax” money to the tune of $700,000 a year. A CVB is a supposed to be an independent non-profit association of private businesses. They are supposed to be using the “bed tax” to promote travel and tourism to the region. The Commissioners can appoint people to the CVB Board. Before 2012, these were almost all business people with an occasional government person with a tie to tourism (ex: park district head). In 2012, Commissioner Uible voted himself onto the CVB Board along with others connected with the government, but not tourism, to take operational control of the CVB. 2012: Uible Voted Himself onto the CVB Board (August 20) Uible voted himself onto the CVB Board (along with other county officials, his company COO, Chris Smith) on August 20, 2012. Without his own vote, he would not have been appointed since Commissioner Bob Proud was absent (and opposed the takeover). Note in what follows that Commissioner Uible, Auditor Fraley and Chief Deputy Auditor Tilbury used their government office addresses (Batavia) and not home addresses. Relevance? From “Day 1” they created a conflicted blend of government and what was a private non-profit.
The record follows from the Commissioners minutes:
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Now, Uible on the CVB Board had access to $700,000 a year voted by the Commissioners to the CVB by virtue of the Commissioners being able to select who was the recognized CVB. Uible quickly stacked the CVB Board to include Auditor Fraley, Chief Deputy Auditor Tilbury, Dir. Of Economic Dev. Kuchta, business associate Comodeca and buddy / associate Chris Hamm to control all decisions.
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2014: Uible Again voted himself onto the CVB Board (September 3)
2017 Uible Bragging (May 11) In the note below, Uible bragged about his role in a takeover of the CVB. It is from before the FC Cincinnati tax / debt plot came to light:
2017 Uible Described the Takeover in Relation to his Personal Business (June 11) As the FC Cincinnati plot was coming to light, Uible bragged about personally doing for the CVB what he did in business:
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2017 Uible Describes the Takeover as a “coup d’état” (July 27) The day after Uible had me, Chris Hicks, removed from Public Participation Time at a Commissioners Meeting, Uible sent a note to CVB Board President Chris Hamm (a Uible associate also placed on the Port Authority and Library Boards) and Jim Comodeca (then CVB interim President and a business associate of Uible) and the other Commissioners describing a “coup d’état” and how he wanted them to make it look like he was not controlling the CVB:
POINT: Uible took over the CVB and put it, and its money, under his / county control. He worked to make it look like he was not controlling the CVB as he used it to reward associates and advance his personal agenda in secret.
Uible’s business associates benefited from the takeover. In addition, Uible may have benefited but, to this day, financial records are not available to the public for the period of 2012-2017 showing how CVB dollars were spent. Ohio Ethics Commission Opinion 2009-06 The Ohio Ethics Commission defines a business associate in Opinion 2009-06 (ethics.ohio.gov/advice/opinions/2009-06.pdf):
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And Opinion 2009-06 defines the actions which are improper for a public official:
In Ohio Attorney General DeWine’s Opinion 2017-036, discussed later, he made clear Uible’s involvement with the CVB was in and of itself likely an improper interest in a contract. Uible’s fiduciary responsibility to the taxpayers as a public official comes first. By putting himself on the CVB Board (that receives county funds), he created an incurable conflict of interest and conflicting fiduciary responsibilities.
Ethics Commission Opinion 2009-06 goes on:
2009+ Chris Smith as a Uible Business Associate Chris Smith was a Uible business associate. He was Executive VP and COO of Uible Management Group. He was listed as Executive Vice President of Uible Management Group in 2009 (on Wayback Machine Internet Archive web.archive.org/web/20090311012739/http://www.uiblegroup.com/aboutus.html):
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Smith was also Uible’s campaign treasurer for Uible’s failed Clerk of Courts run:
2012: Chris Smith Put in Place as CVB President In August of 2012, having taken control of the CVB, Uible put Smith in place as CVB President (a paid position). This was noted in an October 22, 2015 Clermont Sun Article:
The tie between Uible and Smith was deep, and Smith was rewarded with his position as CVB President. Smith had no prior experience with CVB’s or travel and tourism.
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2015 Jim Comodeca as Business Associate with Uible and Fraley Jim Comodeca was and is a business associate of Uible. While many business relationships with Uible, Comodeca (and Fraley) may not be obvious, one clear one is the Clermont Sports Development Corporation. Its last publicly available IRS 990 is for tax year 2015 (990s.foundationcenter.org/990_pdf_archive/473/473162432/473162432_201512_990O.pdf):
While using the same address as the CVB, it is a wholly and legally separate entity that consists of a narrow set of directors including Uible, Fraley and Comodeca:
POINT: This shows a business association of Uible and Comodeca outside of the CVB entity itself.
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2015-2017 Jim Comodeca Consulting Fees and Contract (while on CVB board) Comodeca benefited (and still does). He was paid consulting fees while on the CVB Board. He received a contract to serve as interim CVB President ($7,500 a month). An April 28, 2017 note from Comodeca discusses both. In this portion you see the fees paid to Jim Comodeca while a CVB Board member:
In this portion the $7,500 a month contract he received to be interim CVB President:
The tie between Uible and Comodeca is deep, and Comodeca was rewarded with consulting work by his position as CVB interim President. Comodeca had no prior experience with CVB’s or travel and tourism.
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Commissioner Uible received personal benefits still not fully known from his control of the CVB. The CVB has refused to disclose financial records from the period of Uible (and Fraley) control. Below are some clear benefits. But first, it is important to see that Uible changed the CVB bylaws to make it easier for him. 2016-2017? CVB Governance Changed with Uible Leading Uible was directly involved in changing CVB governance in ways that made it in conflict with its own Articles of Incorporation but that benefited Uible. This note from Adele Evans (sent from her government email) discusses financial records being available to Commissioners but more importantly that the CVB operated on a set of bylaws that conflicted with their Articles of Incorporation. The note follows:
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The referenced bylaws appear to have established an Executive Committee consisting of Commissioner Uible, Auditor Fraley, Chief Deputy Auditor Tilbury and Chris Hamm:
That Executive Committee could spend without CVB Board approval:
At this point, we do not know what funds were spent and where. Auditor Fraley, Commissioner Uible, CVB Treasurer Tilbury, and CVB Board Chair Comodeca all refuse to open the books for the 5-year period in which just under $3,500,000 was spent. We do know that 80%+ of CVB expenditures for January-March 2017 were on consulting fees, salaries and payroll taxes. The changes enabled Uible to spend without Board approval. This may or may not have happened. It seems likely on Comodeca’s contract. The CVB books are still sealed.
2015-2016 Uible & Berding Connection and Secret Trip (September 1, 2016) Uible, Jeff Berding, Pres. and GM of FC Cincinnati, had worked together in Kings Hammer circa 2015 (clermontsun.com/2015/05/14/kings-hammer-breaks-ground/):
As part of Uible / CVB plan, still mostly secret to this day, Uible participated in a secret trip with FC Cincinnati and Jeff Berding. It was concealed from other Commissioners and the public. This was the itinerary:
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It was done prominently featuring Uible’s government title which would remind people of his official capacity as Commissioner (before that of CVB Board Member):
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The trip was not disclosed on Uible’s 2016 Financial Disclosure filings, as is required, as a trip (or as a gift) paid by a 3rd party:
Travel expenses must be listed per this guidance (remember, Uible used his government title on the trip):
Additionally, beyond travel, gifts of $75 or more are to be listed inclusive of “use” such as a condo, a flight, etc. regardless of official capacity.
Signing Financial Disclosure statement specifies the penalty for false information:
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Uible also used the arrangement for political benefit. Namely to secretly lobby for a tax increase in the State of Ohio’s Operating Budget, HB-49, without discussions in public meetings or availability of public records. 2017 Uible and the Red Barn Property (July 7) Uible was personally engaging the Red Barn property owner. It was part of the plot to pay $3,500,000 for the site for FC Cincinnati, using tax and debt.
2017 Tax Lobbying (June 19) Uible was actively lobbying for a tax increase in his role as commissioner (while claiming in the press that he was not involved). He told the Enquirer this on June 27, 2017:
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But 8 days earlier, on June 19, 2017, Uible, using his commissioner email address and title, was directly lobbying: • Doug Green: State Representative. • Tom Niehaus: Former Senate President, Former State Representative, Current Party Central Committee Member, Lobbyist and fellow New Richmond resident of Uible.
2017 Threatening Opponents (June 9) Commissioner Uible threatened opponents to the plan. He documented a threat in writing made to the General Manager of the Holiday Inn Eastgate:
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In October 2017, Ohio Attorney General DeWine issued four opinions. Each called out the improper participation of the County in the CVB. They were opinions 2017-034 (Auditor Fraley’s service on the CVB was improper), 2017-035 (Chief Deputy Auditor Tilbury’s service on the CVB was improper), 2017-036 (Commissioner Uible’s service on the CVB was improper) and 2017-037 (Deputy Dir. Of Economic Development Evans service on the CVB Board was improper). What is below focuses on Opinion 2017-036 (Uible’s service improper) and whether the CVB was a “public entity” by virtue of Uible’s moves.
Opinion 2017-036 Uible’s Service was Improper Opinion 2017-036, expressed that Commissioner Uible’s entire participation in the CVB was likely an improper interest in a contract (www.ohioattorneygeneral.gov/getattachment/39c1f990-22bc-4e0f-80b5- 9f06ad810c2f/2017-036.aspx):
The opinions, issued to Prosecutor Vince Faris, asked Prosecutor Faris to engage the Ohio Ethics Commission:
POINT: To date, Prosecutor Faris will not answer if he has acted per the Ohio Attorney General’s recommendations.
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Was the CVB a “Public Office” after Taken Over by Uible? The question of whether the CVB became a public office by virtue of Uible’s takeover will be determined in the Ohio Supreme Court. The Ohio Attorney General lays out two angles by which a “private entity becomes a “public body” for purposes of records. This is important since the CVB still refuses (and Auditor Fraley and Commissioner Uible will not request) to let the public see what happened to nearly $3,500,000 in “bed tax” proceeds spent by the CVB under the control of Uible (2012-2017).
This is from the Ohio Attorney General’s Yellow Book on Sunshine Laws in Ohio (www.ohioattorneygeneral.gov/yellowbook) and is the first of two excerpts:
On this item: 1. The CVB was doing economic development activities (recruiting businesses and engaging in land etc. contracts). This is far beyond the mission scope (promote travel and tourism). It would even be beyond an activity such as “building a convention center.” 2. Over 96% of CVB funds come from the government. 3. The government appointed a majority of CVB Board members and, in 2012, filled them with government officials to have oversight and control. 4. Commissioner Uible changed the bylaws of the CVB to further his purposes while evading public records and meetings. Those bylaws were inconsistent with the Articles of Incorporation (but used anyway). Eventually, the Articles of Incorporation were changed to match the bylaws (not vice versa). All of it allowed for secrecy.
It seems clear that the CVB became a public entity and, as a result, subject to open meetings and public records laws. But, the next paragraph of the Yellow Book states:
On this item: 1. The CVB was lobbying on behalf of Commissioner Uible and preparing development plans. Those plans, had they gone to fruition, would have been financed via debt issued by the Port Authority. Page 17 January 14, 2018
The CVB was wholly controlled by government officials and performed an economic development function on behalf of the Department of Economic Development (and CIC). The Department of Economic Development continuously maintained a CVB board seat. 2. The Commissioners could monitor the CVB because they controlled its Board. They could also request, at any time the CVB to present on its activities to the Board of Commissioners or the public (as they did in September of 2017). 3. Adele Evans note, covered previously, noted that Commissioners had records access to CVB financials. In fact, those financials were prepared by Chief Deputy Auditor Chuck Tilbury.
POINT: By either Ohio Attorney General legal test, the CVB became liable for public records. They continue to fight this in court (using taxpayer funds to hide their records from the taxpayers). Commissioner Uible and Auditor Fraley will not call for opening the books.
Ethics commission citations from Opinion 2009-06 were provided in section 5 of this document. Ohio Revised Code 102.03 Opinion 2009-06 references ORC 102.03(D). This passage was previously provided in section 5:
It sites ORC 102.03(D) which reads:
(D) No public official or employee shall use or authorize the use of the authority or influence of office or employment to secure anything of value or the promise or offer of anything of value that is of such a character as to manifest a substantial and improper influence upon the public official or employee with respect to that person's duties.
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Ohio Revised Code 2921.42(A) Ohio Ethics Commission 2009-06 also contains the following that references ORC 2921.42(A)(1):
ORC 2921.42(A)(1) states the following: (A) No public official shall knowingly do any of the following: (1) Authorize, or employ the authority or influence of the public official's office to secure authorization of any public contract in which the public official, a member of the public official's family, or any of the public official's business associates has an interest;
The penalty is spelled out as follows in ORC 2921.42(E): (E) Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of division (A)(1) or (2) of this section is a felony of the fourth degree.
POINT: Uible, by voting himself onto the CVB Board and then having oversight (appointments, voting to authorize the CVB’s receipt of $700,000 a year) as a Commissioner, was in an improper contract himself. Add to that the manner in which he changed the structure (bylaws / Articles of Incorporation), appointed government officials, rewarded business associates and personally benefited and it makes “voting for a promotion for a girlfriend / fiancé” look like child’s play.
Statute of Limitations and Penalty The statute of limitations is in effect for these issues.
ORC 2901.13(C)(1)(a) (C)(1) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for the following offenses during the following specified periods of time: (a) For an offense involving misconduct in office by a public servant, at any time while the accused remains a public servant, or within two years thereafter;
2929.14(A)(4) (4) For a felony of the fourth degree, the prison term shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
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Mary Walker, as Commissioner, voted on one contract for the firm of her son. There was a special prosecutor, the Ethics Commission did an investigation and she eventually was convicted and resigned. It took over 2 years.
Jerry McBride, as Commissioner, voted to promote his girlfriend / fiancé. He reversed the decision but there was a special prosecutor and multiple indictments.
David Uible, as Commissioner: • Orchestrated a self-described “coup d’état” of the CVB giving him secret control over $700,000 a year in tax dollars. • Got his business associate, Chris Smith, installed as President of the CVB. • Got his business associate, Jim Comodeca, consulting contracts. • Lobbied for a secret tax increase. • Used CVB funds for a secret trip hidden from fellow commissioners and the public. • Threatened the career of a hotel general manager unless he would support the plot. • Changed the CVB bylaws in conflict with its Articles of Incorporation adding an Executive Committee (Uible, Auditor Fraley, Chief Deputy Auditor Tilbury, and Chris Hamm) that could spend without CVB Board approval. • And, no doubt, much more.
His plotting is a whole 10x level of sophistication than Walker or McBride.
Where is Prosecutor Faris? Where is a Special Prosecutor? How have we slipped to such a low standard of ethics after what we have seen in the past?
We can clean this up together and make a better Clermont. It will happen. It can happen.
Produced with FACTS by Chris Hicks ([email protected] – 513-201-7902) Paid for by Hicks for a Better Clermont.
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