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Circa 1987 Commissioner Jerry Mcbride Votes to Promote His Girlfriend / Fiancé Circa 2006 Commissioner Mary Walker Votes a Cont

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Circa 1987 Commissioner Jerry Mcbride Votes to Promote His Girlfriend / Fiancé Circa 2006 Commissioner Mary Walker Votes a Cont 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to Promote his Girlfriend / Fiancé McBride voted on a single promotion of his girlfriend / fiancé (and then immediately rescinded).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: Page 2 January 14, 2018 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. Page 3 January 14, 2018 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: Page 4 January 14, 2018 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): Page 5 January 14, 2018 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): Page 6 January 14, 2018 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. Page 7 January 14, 2018 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. Page 8 January 14, 2018 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. Page 9 January 14, 2018 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: Page 10 January 14, 2018 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.
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