CLEVELAND, OH – It’s well established under Ohio law that the legislative authority of a municipal corporation determines the wages and classifications of all officers and workers but for the judges. The judicial officer’s wages are established by the General Assembly of Ohio; but it’s the members of city council whose vote determines the size, scope of work and rate of pay and benefits of the municipal court’s workforce.
Annually, the 13 elected judges of Cleveland’s municipal court must ask council to approve their budget, requests for workers and pay increases. All these acts occur under duties found in constitutions and laws the aforementioned elected and appointed public officials are administered oaths of office to uphold and obey.
Judges are not legislators and there’s no “order” the General Assembly of Ohio has given them the authority to enact that has the net affecting of “suspending” the Constitutions of the United States and Ohio; or any federal, state or local law or ordinance. Their signatures on pleadings and orders establishes that there is a basis in law for the thinking behind it. It means that the standard for all judicial acts is the attorney’s ability to prove it is authorized by law by citing the authorizing law. There’s a state general law procedure for enacting “rules” found in Section 119 of the Ohio Revised Code that includes public notice, public comment and a review by the General Assembly of Ohio. There’s no evidence cited in the two “orders” I’ve read that it was followed.
Cleveland’s municipal court judges secretly voted on Monday, September 13, 2021, to change working conditions for court workers and court appointed council that will require them to show proof of CoVid 19 vaccination or a religious exemption. If the city worker’s not in a religion or the “right” one they’ve got to be CoVid 19 vaccinated. It doesn’t matter if the court worker’s one year or five years away from retirement and a tax-supported pension. It doesn’t matter if their attendance, competence and performance has been excellent. No CoVid 19 vaccine. No job. That’s the very same attitude voters should be taking with the judges. No basis in law for an order. No job. The election for some is on November 4, 2021.
According to veteran Councilman Kevin Conwell the city’s judges have not come before council asking for a resolution that supports a forced CoVid vaccine “order” that substantially alters working conditions in the middle of well-established bureaucratic careers. He also hasn’t seen a request for an opinion from the judges to the director of law.
“It seems to me the judges are over-reaching,” Conwell said. “They’re setting up the taxpayers for litigation.”
In a discussion about the municipal court judge’s vote, Conwell acknowledged that a state law enacted by the General Assembly of Ohio and a local ordinance enacted by Cleveland city council controlled every city worker’s job description and wages. Ohio Revised Code section 731.08 is the state law existing under the heading, “Power of legislative authority as to salaries and bonds.”
“Except as otherwise provided in Title VII of the Revised Code, the legislative authority of a city, by ordinance or resolution, shall determine the number of officers, clerks, and employees in each department of the city government, and shall fix, by ordinance or resolution, their respective salaries and compensation, and the amount of bond to be given for each officer, clerk, or employee in each department of the government, if any is required. Such bond shall be made by such officer, clerk, or employee, with surety subject to the approval of the mayor.”
Conwell acknowledged Section 173 of Cleveland’s codified ordinances as the guiding authority the charter city’s legislative authority has implemented so as not to be in conflict with R.C. 731.08 as a state general law. Both give no authority whatsoever to the municipal court judges to do anything other than “appoint” the employees within their jurisdictions; but under the city, state and nation’s laws and constitutions all “officers” swore in oaths of office to uphold and obey.
EJBNEWS was told that the bailiffs of Cleveland’s municipal court were required to sign on September 15th. Pursuant to Section 1901.32 of the Ohio Revised Code, the court shall “appoint” bailiffs to “faithfully perform the duties of the office and shall give a bond of not less than three thousand dollars, as the legislative authority prescribes …”
Had Cleveland’s municipal court judges read Section 705.26 of the Ohio Revised Code they would have seen their conduct for its unlawfulness if “statutory construction” instead of Communist-like arrogance guided their vote. The heading of the unsuspended state general law reads “Duties of officers and employees of a municipal corporation.”
The duties of all officers and employees of a municipal corporation shall be those prescribed by sections 705.01 to 705.92, inclusive, of the Revised Code, or by ordinance or resolution of the legislative authority.
Conwell told EJBNEWS the legislative authority of Cleveland has not prescribed that bailiffs or any other court employee “appointed” by the court be required to take a CoVid vaccine and disclose their privacy protected health information as a condition of employment. The General Assembly of Ohio has not altered R.C. 705.26 giving judges instead of city councils the authority to write court employee job descriptions.
What an officer of the court shared with EJBNEWS was that the judges were attempting to mitigate the spread of the viruses that causes the seasonal cold, coronavirus, and the seasonal flu. What was sold as a one shot vaccine cure has now become a seasonal booster shot the judges have decided they have the authority to order Americans to take.
The General Assembly of Ohio in Title 37 of the Revised Code still gives the Ohio director of health pandemic mitigating authority; but under the General Assembly’s oversight. There are no health related duties assigned to the judges in Cuyahoga County and Cleveland who are assigning themselves the health director and their legislative authority’s powers.
What’s obvious is that judges we elect in Cuyahoga county and Cleveland courts have decided to take health matters in their own hands with “orders” that contradict local, state and federal laws. The General Assembly stripped all statutory officers but the director of health, under the oversight of the general assembly, from issuing any orders during the pandemic.
The officials of municipal corporations, school boards, courts, libraries and other government entities have powers and duties narrowly prescribed to the elected and appointed office holders authorized to oversee them under constitutions and laws. Conwell said the judges have gone far beyond the authority they were granted under any past or current Ohio law.
According to one of the judge’s EJBNEWS interviewed, Americans and elected officials looking for judicial relief from their forced vaccine mandate orders won’t find it. The judges are operating in conspiracy with each other to abuse the authority of the courts in an effort to deny Americans with valid legal “no vaccine” claims the legal redress they’re guaranteed constitutionally and by law. Their intent is to ignore two constitutions and all federal, state and local laws that contradict their orders. Judicial anarchism.
In practical terms it means that all collective bargaining agreements have been rendered null and void by court order without any public comment or voter referendum. So are civil service rules. A career “vaccine is my choice” employee with a statutorily-supported and well-cited grievance against a “working condition” change that amounts to an “unfair labor practice” will find no justice in the county or city’s courts. Neither will an at-will contract employee who sues an employer for being terminated for affirming his choice to be vaccinated as an American and not extorted into it under threat of termination.
“Where are you going to go?” said one officer of the court. “Where ever you file a claim that a judge’s order violates a law there’ll be a judge to reject it.”
EJBNEWS asked the court officer if judges traveled with security. The answer, of course, was no. EJBNEWS reminded the court officer of the number of judges and prosecutors who have been assassinated in their homes along with family members.
“That’s something to consider” the court officer said.
There’s something else for the judges to consider. Ohio Attorney General David Yost. The state of Ohio’s legal position is that any forced federal vaccine mandate is not lawful. Yost is contemplating litigation against the federal government for its over reach. EJBNEWS intends to share the local orders with the state’s attorney general, the president of the Ohio Senate and Speaker of the House of Representatives to learn if local prosecutions will come with the exercise of non-existent authority by local elected officials.
The Democrats who control the state’s courts in a Democratic-run county can expect that once the Republicans who control the state learn more details about their conduct their professional lives are going to change … dramatically. Since Cuyahoga county and Cleveland’s judges decided to create autocratic courts whose officers uphold no constitutions nor obey any laws, they’re going to find themselves alone when the trouble they’ve invited into their lives arrives.
There’s an election in November 2021. Those seeking to return will face the wrath of the voters. The same for the judges at the county level in 2022. There are no friendships when it comes to freedom. There are lines no loyal oath sworn American politician should ever think of crossing. Freedom is a “permanent interest” of all Americans.
Judges. Section 705.26 of the Ohio Revised Code is captioned “Duties of officers and employees of a municipal corporation.” and reads, again, as follows:
The duties of all officers and employees of a municipal corporation shall be those prescribed by sections 705.01 to 705.92, inclusive, of the Revised Code, or by ordinance or resolution of the legislative authority.
In Kimbrell v. Seven Mile Council the Supreme Court of Ohio ruled that, “R.C. 731.08 vests in the legislative authority of any municipality subject to R.C. Title 7 the power to determine, by ordinance or resolution, “the number of officers, clerks, and employees in each department of the city government,” and the power to “fix, by ordinance or resolution, their respective salaries and compensation * * *.” The mayor of a municipality, although the “chief conservator of peace within the city,” has no direct power to hire city employees, or to determine *Page 445 their compensation. R.C. 733.03. Accordingly, only the Seven Mile Village Council, by properly enacted ordinance or resolution, could have created the combined clerk-treasurer/secretarial position allegedly offered to appellee and set the salary therefor.”
The words “fix, by ordinance or resolution, their respective salaries and compensation” stands out in R.C. 731.08. Popping off in my head is R.C. 705.26 for all “plans” of government. Cleveland is a charter city that operates under the “Federal Plan” of government found at R.C. 705.71. This is the “gub’ment” stuff that Yost knows well and has been using to prosecute local mayors, council members, treasurers and judges over the past few years.
The form of government provided in sections 705.71 to 705.86, inclusive, of the Revised Code, shall be known as the “federal plan.” In municipal corporations adopting such plan the only elective officers shall be the mayor and members of council.
All plans of government must use the same procedure for enacting ordinances and resolutions; and no plan gives judges the authority to enact what amounts to is an ordinance or resolution by secret meeting, secret vote and a duty-exceeding order. Kimbrell v. Seven Mile Council spells out the ordinance enactment procedure the Cleveland Municipal Court judges do not have to support their forced CoVid vaccine order.
The required procedure for the enactment of ordinances and resolutions is set forth in R.C. 731.17. Of particular interest is Paragraph (A)(2), which states that “[e]ach ordinance or resolution shall be read on three different days, provided the legislative authority may dispense with this rule by a vote of at least three-fourths of its members.” Unless waived, the statutory requirement as to the reading of ordinances has been held to be mandatory; failure to comply with the reading requirement renders the ordinance invalid and unenforceable. Costakis v. Yorkville (1923), 109 Ohio St. 184; see, also, Vinton v. James (1923),108 Ohio St. 220; State, ex rel. Groghan, v. Rulon (C.P. 1960), 84 Ohio Law. Abs. 464 [14 O.O.2d 91].
By judicial order these Communist-inspired judicial miscreants are prescribing as if they’re physicians the two types of medicines only one class of municipal workers and contractors must be injected with to work. They’ll bear no “licensing” responsibility for their practicing medicine without a license or medical malpractice insurance should a municipal worker complies with their forced CoVid 19 vaccine mandate and gets sick and dies. They’re also going against the unsuspended general laws that don’t give judges the duties of legislative authorities, health directors and physicians.
Conwell said he wants legal answers. EJBNEWS is encouraging the judges should reconsider their wrong decision before the shit I know is coming hits the fan.
It has long been the law of Ohio that persons dealing with municipal corporations are charged with notice of all statutory limitations on the power of such corporations and their agents, and must, at their peril, ascertain whether all necessary statutory formalities have been met. See Welch v. Lima (1950),89 Ohio App. 457 [46 Ohio Op. 268]; Schumacher Stone Co. v. ColumbusGrove (1944), 73 Ohio App. 557 [29 Ohio Op. 187].
Every Cleveland municipal court employee’s position was authorized pursuant to a salary ordinance the legislative authority of the municipal corporation enacted that contained duties and hiring conditions the judges can’t change. It’s their “statutory limitation” as defined in Welch v. Lima 1950.
It’s understood why the judges would want their Communist inspired misconduct to be secret. In America, however, nothing wrong stays hidden.
