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New councilman isn't unanimous choice
(by Sue Reid - December 30, 2009)
New councilman isn't unanimous choice
By SUE REID
The vote by members of Solon City Council following executive session Monday to appoint a representative for the vacant Ward 1 seat was not unanimous.
Councilman John T. Scott was one of two members opposing an ordinance confirming the appointment of Richard A. Bell as the Ward 1 council representative. The four other council members confirmed the appointment.
Mr. Scott said Tuesday he had a problem with the perception of Mr. Bell working in a supervisory role at the Cuyahoga County Prosecutor's Office, where veteran Solon Councilman Edward H. Kraus is employed.
"I have absolutely no problem with who was chosen," Mr. Scott said. "I think he is a great guy and eminently qualified. However, he is one of the bosses in the prosecutor's office, and, up till about a week and a half ago, he was Ed Kraus' boss's boss." He said that chain of command was changed recently.
Solon Law Director David J. Matty ruled that there would not be a conflict for Mr. Kraus, who voted for Mr. Bell's appointment.
"I feel the only problem would be in perception," Mr. Scott said. "Rather than have a problem with perceptions, there were four excellent candidates, and the others were very good."
Mr. Bell was one of nine applicants for the seat that was vacated with the election of the former Ward 1 council representative, Susan A. Drucker, as mayor.
"With all that is going on, it's the perception," Mr. Scott said. "I don't think there's any undue influence put on Ed (Kraus), but since we had so many good candidates, I felt we should avoid this perception."
Also voting in opposition was Councilman William D. Mooney. He said Tuesday, "I think Rick Bell would be a great councilperson, but there was someone I favored more."
In addition to Mr. Kraus, voting in favor of the appointment were Councilmen Lon D. Stolarsky, William I. Russo and Robert N. Pelunis.
Mr. Matty said Tuesday that Mr. Kraus called him before any discussion or participation by him in the process. He said Mr. Kraus wanted to disclose to him his working relationship in the same office with not only Mr. Bell but also Dale F. Pelsozy, another applicant for the council seat, who works in the civil division at the prosecutor's office.
"Ed disclosed to me his understanding of the working of the prosecutor's office and where Rick (Bell) and Dale (Pelsozy) were with relation to what he did," Mr. Matty said. Based on Mr. Kraus' request, Mr. Matty said he took it upon himself to contact Michael O'Malley, the first assistant prosecutor under William Mason, who explained to him the working relationship that exists as far as Mr. Kraus' supervisory hierarchy.
Mr. Matty said Mr. O'Malley also explained a recent change in the prosecutor's office as far as Mr. Kraus' reporting. "That recent change had nothing to do with my opinion," Mr. Matty said. "Even before that change was made, I informed Mr. Kraus that there was no conflict in him voting for either Rick or Dale," he said.
"That had nothing to do with whether there was any conflict of interest from a legal standpoint." Mr. Matty said that Mr. Kraus gave him full disclosure he wanted an understanding of how the office operates confirmed. "They were very open and very cordial with me," he said.
Mr. Matty said Mr. Bell is not in Mr. Kraus' line of supervision as far as being a boss.
Mr. Kraus supervises the mortgage fraud task force at the county.
Mr. Bell "oversaw a lot of the criminal positions, and our mortgage fraud unit was a part of that," Mr. Kraus said. Ultimately, Mr. Mason makes the decision. Mr. Kraus said he contacted Mr. Matty to ask him whether he could vote on Mr. Bell's appointment.
"My understanding was that there was some movement to avoid any conflict," Mr. Kraus said of the county office. "I was not privy to that."
Mr. Bell said Tuesday that issue does not impact his ability to be the best candidate.
"I'm grateful to council for their confidence in me," he said. "There were nine qualified candidates and to receive the majority of the vote is, to me, a privilege."
Mr. Bell said it's his understanding that Mr. Matty reviewed any issue of council members being allowed to vote and made his own decision. "That's not my decision," he said.
Mr. Kraus said that much of the work done by the task force and its investigations are confidential. "It's a joint operation between the attorney general and the county prosecutor's office. Ultimately, as far as our investigations and our cases, the ultimate decision is with Mr. Mason." Mr. Kraus' director supervisor in the mortgage fraud unit is Daniel Kasaris.
Mr. Kraus said he was comfortable with his vote Monday. "I felt there was some tremendous candidates," he said, "but I did feel that Rick did his homework."
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