Candidates face off at LWV forum
By Kevin Kelley
Westlake
Published Sept. 28, 2005

Despite the heated nature of the election campaign in Westlake, a candidates forum Sept. 20 sponsored by the Westlake-North Olmsted League of Women Voters (LWV) offered relatively few fireworks. However, several opposition candidates expressed unhappiness over the format, and mayoral candidate Joe O'Malley wants more opportunities to debate incumbent Mayor Dennis Clough.

Last Tuesday's forum, which took place in the city council chambers of Westlake City Hall, consisted of two questions and answers and a closing statement by each candidate for mayor, law director and council seats. The forum was recorded for a web cast using the same equipment which records council meetings. Webcasts can be viewed from a link on the city's Web site at www.cityofwestlake.org.

The forum was also recorded by WHBS-TV, Westlake High School's TV station, and rebroadcast yesterday. No future airings of the forum are scheduled by WHBS-TV.

Several opposition candidates, including O'Malley, Ward 2 council candidate Vern Long and Ward 5 candidate Joe Kilbane, expressed displeasure that members of their families were not permitted inside council chambers during the forum. Under rules set by the LWV, only officials from that organization, a video crew from WHBS-TV, a representative from the web casting contractor and a reporter and photographer from West Life were inside during the forum.

"I have no idea why the LWV would devise a format that essentially keeps the public from attending and participating in the event at a public building," Kilbane said.

"The public should be given a live forum to hear these candidates and these issues debated," he added.

Anne Engel, co-president of the LWV chapter, said lack of public participation in past years was the reason for the change in format. "We have had several candidates nights in recent years and candidates and LWV members far outnumbered the number of citizens attending the session," said Engel, who moderated the forum and asked questions of the candidates from a pre-set list. "We needed to do something different. We were not getting any attendance."

MAYORAL RACE

Engel's first question to Clough and O'Malley was: Under what circumstances should a community consider invoking eminent domain? This was a surprising question because the issues has never come up in the campaign. Although the U.S. Supreme Court recently ruled cities can use eminent domain to promote economic development, there's no indication the issue will arise in Westlake in the foreseeable future. Both candidates said they would only use eminent domain for a pressing public need.

When asked what he would want to accomplish first if elected, O'Malley returned to his theme of school funding, saying the city should purchase property on Bradley Road owned by the school district for use as recreational fields.

The school board recently voted to sell a parcel of the land, and city council passed an ordinance authorizing the mayor to negotiate a purchase of the land.

"Addressing school funding in this community, a community that is very deep in resources, is a priority, is a priority of mine and one that I will address in the first days that I am mayor of this community," O'Malley said.

In his response, Clough revealed the city, earlier that day, tendered an offer for the Bradley Road property. He also said that although the city had a good relationship with the school district, which are two separate entities.

Clough said his first goal in a new term would be to set the plan for the 2006 budget.

"The city of Westlake has done very good planning with respect to being able to address our needs, and I think setting the budget for 2006 is the most pressing need for the upcoming year," he said.

O'Malley said although the city and schools are separate entities, they are funded by one source — the people, who currently pay enough taxes to fund both.

"When you have a city that has five out of seven households that don't use the resources of the Westlake school district, you need to think more globally about the manner in which we approach funding of government in this community," O'Malley said.

O'Malley repeated his support for a charter amendment which would cut property taxes by one-third. "The city of Westlake has enough resources to lower your property taxes," he said.

Clough thanked residents for the opportunity to serve Westlake as mayor over the past 20 years, a period in which he noted Westlake has become one of the top suburbs in Greater Cleveland and has enjoyed low tax rates, financial stability, outstanding safety forces and premier facilities.

"Westlake is a city we can all be proud of," the mayor said. "But its successes didn't just happen. It took a lot of planning, effort, resources, vision, commitment — not only by government, but by your own input, your taxes, and your continued support of me, my administration and city council."

LAW DIRECTOR RACE

A major political question in city politics the past two years has been the city's use of outside legal counsel, particularly in a lengthy legal battle between local businessman Charles Shimola and the city. Former Law Director David Harbarger, with the approval of city council, enlisted a partner of his law firm of Roetzel and Andress in the case. Over time, legal fees paid by the city to Roetzel and Andress reached over $800,000. Opposition candidates have sharply criticized this. Clough, Harbarger and council members have said the excessive amount demanded by the plaintiff ($48 million) and the complex nature of the lawsuit required the expertise of Roetzel and Andress, which gave the city a significant reduction in its standard fee.

Law director candidates John Spellacy and John Wheeler face off during the League of Women Voters forum Sept. 20. (Photo by Larry Bennet)

John Wheeler, the previous city prosecutor who was appointed law director in March following Harbarger's resignation, said his legal experience will reduce the city's need for outside legal help. With his 28 years experience in litigation, Wheeler said it is his goal to reduce the city's need for outside legal services and save tax dollars.

Spellacy said the law director has a fiduciary responsibility to the citizens to control the money spent on outside legal services. He criticized what he called "abuse" by the city's law department in hiring the former law director's firm in the Shimola case.

Noting Wheeler was appointed by the mayor and is endorsed by him, Spellacy touted his independence.

"I am the only independent candidate," Spellacy said. "I am the only candidate not affiliated with any other public official or candidate for any position within the city."

Wheeler said his opponent's statements on the Shimola case were misleading because no money went to his law firm.

"I'm not certain why Mr. Spellacy brings this up as it has absolutely nothing to do with my tenure as law director or my tenure as prosecutor," Wheeler said.

(Editor's note: A summary of the city council candidates' exchanges at the League of Women Voters candidates forum will appear in the Oct. 5 issue of West Life.)