Public has a right to know

Matt Westerhold
Mar 23, 2010

Dear Mr. Murray:

Below please find a comment posted this morning at sanduskyregister.com. This is just one among several "leaked" allegations I've heard previously about my alleged nefarious involvement in Nuesse-gate.

So let's see, we at the Register secretly tape-recorded conversations, according to commissioner Julie Farrar, and we also secretly listened in on private conversations over a speakerphone. Is that your experience of how we do business? Seems to me you could have dismissed both assertions the moment they were made.

Are these the types of allegations you and fellow commissioners approved for inclusion in the integrity probe? Was there a truth here that taxpayers (the CLIENT) needed to have uncovered? Or was the agenda to obsfucate the truth with as many spurious allegations as possible? How much mud will be thrown up against the wall before we know what will stick?

The entire Murman report, with any and all audio or video digital recordings or tapes that were made, any notes and all other materials should be immediately made available to the client. Every scrap of paper, including the Kleenex upon which Mr. Murman blew his nose, needs to be made public. Transparency is transparency. City officials are either being transparent or they are not. Any partial report that has been delivered to the city also should be made immediately available to the public. The balance of any report can be given to the public when attorney Michael Murman returns later

this month from his vacation.� 

The Register has made this request in an effort to give your constituents (the CLIENT) all available information with regards to this serious matter. I hope you and your fellow commissioners support this request. Withholding this information from the public based on an attorney-client privilege seems

to fly in the face of the transparency to which you have so often referred.

I apologize if I am being a little testy today, and I mean no disrespect. I likely am almost as tired of this story as you and your fellow commissioners are. I've also included a second posting that was made this morning on the Elsebeth Baumgardner goes to prison story that helped snarl my mood.

Sincerely,

Matt Westerhold

The truth please..... on 05/11/2008 08:25:58 said:

"Matt, Answer the community this: The night this mess started wern't you at the Police Chief's house, listening on speaker phone as she called all the commissioners without them knowing you were listening? If you have an ounce of honesty left Matt, answer this truthfully."

Elsebeth goes to prison

now on 05/11/2008 08:00:00 said:

"Now if we can just get Westerhold in the same position we can finally be rid of the delusional community crackpots who get waaaay to much attention for their paranoid Oliver Stone conspiracy theories and Erie County can be a quiet community again. ---Conspirator# 43"

cc: Commissioners Dave Waddington, Julie Farrar, Brett Fuqua, Craig Stahl,

Dan Kaman, Brian Crandall

Comments

Anonymous

Matt, Nice cheap shot with the IP address, but would'nt expect much more from you. You ranted and whinned but never answered the question did you, a sure sign of guilt, dodging the question. You do remember that night when you listened in on the converstations don't you!? If you you don't remember ask the same person who has told several others, you know who....You were sitting in their house...remember...

Anonymous

why not? they are city officials, with city email addresses. Is there are problem? they should be available to the public upon request anyway, right?
as Homer would say...doh!!

Anonymous

@ RE WHY E-MAIL ADDY'S
Oh yea? Who says they were blogs from city officials? You? Who are you? I would think it wouldn't matter who they were, I wouldn't think that Matt should publish ANYONE'S IP address.

Anonymous

Who cares about IP addresses, they don't mean diddly squat. Get real. You people are clueless about the internet. Your name, phone number and address in the phone book provide more info than your IP.

Duh!

Anonymous

Time for the SR to file an open records request off all e-mails, text messages or any other digital form messages from January 1st to the present that were sent over the city computer or digital equipment and/or private personal computer or anyother digital equipment from each and every city commissioner, Kline, Icsman, and Windman. The SR will then have all electronic messages pertaining to anything related to any city business or interest. That way the SR can sort out any and all connections in those e-mails to determine the history of communications regarding the police chief issues, the dispatch fiasco, the current Murman investiagation, the February inquisition meeting at the firehouse and anything that transpired so that the commission could vote 7-0 to vote for the IMA investigation and so on and so on. It is a common practice for the newspapers in other towns to solicit broad open records requests of public officials e-mails or text messages. Get in touch with your legal counsel and file the open records request of all digital messatges followed by a court order if necessary to compell city compliance with your request. Given that the SR has been stonewalled by Murray and Icsman, now all city commissioners are responsible for open records request complicance since your letter was copied to all.....no doubt that there will much to report and write about if you can obtain those digital messages among the city commissioners, Kline and Iccman....your clents are waiting for you to take the open records request to the next level...

Anonymous

Nice work.Now you are talking.I love it when a plan comes together.We can beat em' at their own game.Adapt,overcome.Brilliant really.

Anonymous

If city commissioners fail to comply with the open records law or fail to disclose any and all e-mails or other digital messages related to anything connected to city business, then the option for the city's voters could be a recall petition targeting the city's commissioners who fail to comply or are caught destroying any public records of any form including deleted e-mails or text messages. A public record may not be destroyed without following the required policy according to Ohio statues covering public records. The idea of transparent government is a joke in this city given what has taken place in the last two weeks...time for city commissioners to get on the internet and Google Ohio's open records laws and learn about their obiligations under state law.

Anonymous

GREAT idea!!! Just don't forget Nuesse's computer and phone also. Let's see everyone's if you're going to do it. I think it would show fairness.

Anonymous

So.....are we signing petitions or not? Was this just a bluff?

Anonymous

WE should start wrapping crime scene tape around city hall,confiscate all computer's with private investigator's if necessary.

Anonymous

Matt, you've ridden this train too long. True, it was the only one to bring you any accolades, but that was many, many articles ago (and therefore a matter of a few days!) Quit with the "Look at me! Pat me on the back!" stuff - we're afraid to touch you, as some of your "genius" *cough* might rub off. If you were a real newspaper man, you wouldn't be waiting for the City to release what they want us to hear and call it a story, you lazy bum. Go out and scoop!

Anonymous

It's no bluff. A buisness group is forming a petition drive this week-end.

Anonymous

I'll keep watching....

Anonymous

Great lets get this ball rolling, let's see what can be done to oust Icsman also. What he told the commission on Monday about being able to hire Murman on emergency according to article 307.86 of the rivised Ohio Code is an outright lie. I have the revision he is talking about and nowhere does it say he has the authority to do this. This would have to be voted on by the commission as an emergency legislation allowing him to hire this Murman group according to the code.

Anonymous

point taken.. please remember that the city commission works for d. icsman. regardless of what he says or does he has controled 222 meigs st. since 1998. deception, lies, and blatant disregard for those work around him have lead to this chicanery. a truly charming individual of low moral and mental capacity, iscman flips commissioners the way you do a pancake.

Anonymous

You people are really hopeless. Why can't you just keep your pants on until they come out with the truth on the allegations? Geez...I am sure that the people involved with the investigation have their reason's for not releasing as of yet...and Nooooo, not because she might be so innocent. I have never seen such a bunch of people that act like they have no other life than Nuesse. Take Note: There IS life beyond Nuesse.

Anonymous

307.86 pertains to County Commissioners. What does the City Charter say?

Anonymous

To the one person obsessed with bashing Don Icsman - you need to get a mental health evaluation and get started on your meds. This kind of obessession is not healthy. It appears that at some point you didn't get what you wanted down at City Hall and you need someone to blame. Don's not that person. I have been a friend of Don's for years and can tell you that no one cares more about this city and about protecting the city from lawsuits than Don Iscman. Don is one of the most moral and ethical law directors that this City has ever had and he will stay here as long as he wants to stay. He is a good man and he does not deserve your spiteful vindictiveness. You really don't know about even a fraction of the issues that Don faces, nor do you know about the efforts he makes to protect the city. If you knew, you would be ashamed. To all you reading this blog, please keep in mind that the defamatory ramblings of one mentally unbalanced individual should be treated with serious suspicion. My guess is a fired city worker. Get over yourself.

Anonymous

Section 25 of the city charter says that anything over $10,000 must go out for bid. It also says that the total incremental billing is to be counted against the cap of $10,000. It does not give Icsman the authority to declare an emergency in order to over-ride this section. Any and all emergencies are to be voted on by the commission not Icsman.

Anonymous

Sorry, but you are wrong on all counts. The fact that you are a friend of Icsmans just makes the issue more biased, as in, you can't see the forest for the trees. His constant rulings have caused more problems for this city then any person in that same position in the citys history. He makes a blind decision that Murray has no conflict of interest in voting for the MD and the mear fact of Murray having a marina in the same area and would benifit from any building along the waterfront floats in the face of common sense. He makes the decision to hire an investigator for this Nuesse fiasco and does not have the authority to do so. These are just a few of the recent examples of his incompetence. I am sure alot of people could quote you more idiotic decisions this person has made. You obviously do not posess an open mind in this issue.

Anonymous

OK, if there were allegations about Nuesse concerning her truthfulness (the fact that the city's dispatch was not in as dire need to be replaced as she said...The Tim and Kim show as it's been described on here), or allegations of disappearing parking tickets (which is a crime...and keep in mind what happened when McClung didn't pay his parking tickets and some soul paid the fine after the warrant was issued to the trustees), along with other allegations of hostile work environment (whatever that may be..hmmm), and things the public does not know that are contained in the investigation. Some of you same people would be criticizing the city gov't (Kline, Icsman, and the commissioners) for not doing something about it. Once an allegation is brought to the attention of management, don't they have an obligation to at least get the facts? Whether it be through statements from the accuser, or evidence brought forth by documentation, or writs of public record? I personally do not care if she is guilty or innocent. If's she's innocent, get her back to work. If she's guilty, send her on her way. All I'm getting at is this..many of you same people would complain if the city didn't do anything about it, and now that they are, you are armchair quarterbacking every decision they make. Let the investigation take it's course. Wait till the report becomes public, then decide. Everyone's in arms about this thing and none of us, including myself, know what is factual, and what is rumor. We live in a small town. Somebody is gonna know somebody. All the bashing of our elected officials, and Kline, Icsman, Nuesse,etc. is not going to solve anything. They've already forked out wads of cash for Murman. I would like to at least hear what he has to say. Seriously people, make your own decisions, instead of letting Westerhold, the SR, the commissioners, Kline, and Icsman make them for you.

Anonymous

Maybe in any other situation,but i see a pattern of conduct from city hall that clearly is evasive and self-serving.not to mention delay tactic's out the wazoo.sooooooo when is the timeline for this?

Anonymous

I think at the next Charter Review, the Charter members should look into Section 25 and shore up the loop holes that Icsman is looping through. When Don Icsman decides to hire on a consultant without competitive bidding because he is claiming an emergency, he needs to get that emergency okayed by the commissioners. This is not Icsman's complete call because there are budget ramifications to consider which the commissioners have to answer to. We need checks and balances to spend money, especially money we don't have.

Anonymous

don icsman has "a" friend??? he must have needed to use you for something. like the city commission and pancakes, he flipped you too. sympathy is extended.

Anonymous

I have to tell you Matt that I am now a disgrunted reader. You should do something about the unanimous people that post here and make registration mammatory. That meeting at the fire station was all pre-deranged. All of your rants hear will not clench my thirst for facts. When you right stories, you seem to take things out of contest and write suppository remarks. A lot of your writing shows frigments of your imagination. tt is right about you, you are a lazy bum that refuses to seek the facts. Get off your lazy bum and go scoop. Maybe you can set the truth free which will be a detergent for dirty politics and corruption.

Anonymous

So, what has Kline done with the report? Is he going to let anyone else in on it? How much longer to we have to wait? When is the rest of the report due? Do the commissioners get to see what was in the report? If Kline can look at the report, why weren't the rest of the commissioners given a copy? Kline just took the report and didn't shared it with anyone?

Anonymous

Is dismissive and calculating, IMO.

Anonymous

I've seen the future of the Ohio Democratic Party and its name is Marc Dann.

The man speaks my language.

You go, Dann. I'm cheering for you.

You go, Dann.

Anonymous

add to the list: vindictive, callous, abrassive, hateful, dishonest, unhappy, incompetent, charming,immoral, manipulative, paranoid, calculating, deceitful...the list is long when one mentions don. c. iscman. ask around...and check the eyes,the eyes don't lie..

Anonymous

Fostoria, Perkins Township chiefs settle suit
By Melissa Topey, mtopey@advertiser-tribune.com POSTED: May 15, 2008 Save | Print | Email
Email: "Fostoria, Perkins Township chiefs settle suit"
*To: <--TO Email REQUIRED!
*From: <--FROM Email REQUIRED!

Fostoria’s Police Chief has settled his defamation lawsuit against Perkins Township for $45,000.

Police Chief John McGuire’s defamation lawsuit against Erie County’s Perkins Township trustees and Police Chief Tim McClung has been settled out of court, with a resolution approved Tuesday night by Perkins Township trustees.

“It was dismissed. It is over. Am I happy? I would like to have seen it go to court but there are extensive legal bills I had to consider. I think it was unfair the taxpayers and (the township’s) insurance company have to pick up the bill for some actions and comments made by McClung,” McGuire said.

Dean Henry, McGuire’s attorney, confirmed the settlement and its amount. He said the agreement has no admission of liability from either party.

“It was a reasonable settlement. For my client it was more about the principal,” Henry said.

Henry said the amount of the settlement was more than attorneys fees McGuire acquired defending himself during last year’s criminal proceedings.

McGuire’s suit agains McClung was filed in February 2007 over comments McClung made about McGuire “with intent to harm” that questioned McGuire’s character and commented on past allegations that were never proven to Fostoria Mayor John Davoli and Safety Service Director Bill Rains prior to McGuire being sworn in as police chief in February 2006.

Perkins Township trustees voted 3-0 Tuesday night to approve a resolution to accept the agreement that pays McGuire $45,000 for those comments.

Phone calls to the Perkins Township trustees were not returned.

McGuire was an officer and a detective in Perkins Township from 1993 to 2000, during which time he and McClung built a history. McGuire provided grand jury testimony against McClung regarding alleged embezzlement of funds from the township’s K-9 unit. McClung faced several trials in 2001, with juries acquitting him of some charges and unable to reach decisions on others. At McClung’s last trial, he eventually was charged with 28 criminal charges that were dropped in exchange for McClung giving $11,000 to the National Narcotics Detector Dog Association, according to published reports at that time. Records on those courts proceedings have been sealed.

Years later their fates came together when McClung testified against McGuire during McGuire’s criminal case on four charges of falsification and tampering with records for allegations he falsified his resume and job application to the city of Fostoria to obtain the office of police chief. McGuire eventually was found not guilty last year by Seneca County Common Pleas Judge Michael Kelbley after a week-long bench trial.

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Not first lawsuit wrote on May 14, 2008 9:34 PM:

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