Refuse Fee and Prompt Response

At this juncture, I want to know how many residents of Toledo filed the protest against the refuse fee enacted by the City of Toledo, so I made a couple phone calls to City Hall and asked for the correct contact for such a request. Several calls later, people in meetings, or the responder did not know, I email the request to the following public servants. I realize it will take a few days to assemble the information, but I would like an acknowledgement that this request was received. However, no one has responded.

I also made a few phone calls to find out what happened to the protest letters as they were received and I was told by a reliable source that they were sent in bundles of 10 or 20 at a time and as of last year, they were more than 200 received. I continue to wait for a response.

Karen Shanahan
to
steve.herwat@toledo.oh.gov,
david.welch@toledo.oh.gov,
thomas.crothers@toledo.oh.gov,
jeffrey.pax@toledo.oh.gov,
amy.wood@toledo.oh.gov,
clarence.coleman@toledo.oh.gov,
jane.boone@toledo.oh.gov,
carmen.watkins@toledo.oh.gov,
doris.dvorack@toledo.oh.gov

date
Tue, Apr 20, 2010 at 12:17 PM
subjectRequest for Public Records

April 20, 2010
TO WHOM IT MAY CONCERN

This is a request for public records related to the Refuse Fee, Toledo, OH. I am requesting a complete list with the names, addresses, telephone numbers and date of protest which have been filed by residents of Toledo since the enactment of the fee by the City of Toledo of Ohio on or about April 28, 2007 to the present date. Specifically:
"the protests opposing: the City of Toledo, enacted Sections 208-210, of Appendix B, Rules and Regulations Issued by the Director of Public Service, Regulations Governing
Refuse Collection, under the authority of T.M.C. § 963.23 and Section 104 of the Toledo City Charter, to go into effect May 28, 2007. Section 208, entitled “Fees,” states the following: For the collection of refuse from any dwelling, building or other property permitted her within these regulations.."
If a list is not readily available, please scan and email copies of all protests to the Refuse fee to: Shanahanselect@gmail.com. Please utilize the quickest method possible.
It is requested all protests be provided under the “open records” regulations in a timely, fast manner.
Thank you
Karen Shanahan

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
from
Karen Shanahan
to
steve.herwat@toledo.oh.gov,
david.welch@toledo.oh.gov,
thomas.crothers@toledo.oh.gov,
jeffrey.pax@toledo.oh.gov,
amy.wood@toledo.oh.gov,
clarence.coleman@toledo.oh.gov,
jane.boone@toledo.oh.gov,
carmen.watkins@toledo.oh.gov,
doris.dvorack@toledo.oh.gov

date
Wed, Apr 21, 2010 at 12:17 PM
subject Re: Request for Public Records

I have not received confirmation of this request. Would someone please advise the following:
Who will handle the request
Time frame for completing the request
Format that will be used for providing the information; i.e.
List of protests on spreadsheet with details requested in the initial email
Copies of all requests via pdf file emailed

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>.

from
Karen Shanahan
to
steve.herwat@toledo.oh.gov,
david.welch@toledo.oh.gov,
thomas.crothers@toledo.oh.gov,
jeffrey.pax@toledo.oh.gov,
amy.wood@toledo.oh.gov,
clarence.coleman@toledo.oh.gov,
jane.boone@toledo.oh.gov,
carmen.watkins@toledo.oh.gov,
doris.dvorack@toledo.oh.gov

date
Thu, Apr 22, 2010 at 3:06 PM
subject
Re: Request for Public Records

Dear Public Servants,
I am again requesting a response to this request. I realize our City Goverment employees are busy and the time to complete the request may take several days, I am only asking (now for the 2nd time) for the following information on the records request so I can plan accordingly. Please respond:

Who will handle the request
Time frame for completing the request
Format that will be used for providing the information; i.e.
List of protests on spreadsheet with details requested in the initial email
Copies of all requests via pdf file emailed

“Revenue Enhancement” Keeping is Alive, Legal or Not

Again the Mayor is calling for City Council to increase the Refuse Fee to balance the budget. My attorneys, Ciolek and Wicklund, filed a lawsuit against the City in February of 2008 Lawsuit disputing the legality of the refuse fee on behalf of all residents and property owners of Toledo. It is still in the courts pending a decision by the 6th District Court Appeal of our appeal of the denial for class action by the Lucas County Common Pleas Court. Let me state unequivocally, this “fee” is a tax and as such it is not legal. When the Courts finally decide in our favor, it will be decided in the favor of every resident and property owner of Toledo. It may take a couple more years until the case is decided and no one in the City is anxious for a resolution, as they believe the revenue is essential to maintain services.

As City Council again weighs the recommendations of the Mayor to increase the fee, Council should consider the effect of having to reimburse the millions of illegally assessed taxes to the residents, which the courts will require. Continuing and increasing the “fee” will be a temporary repair to the budget and though it may seem wise at this time to assess these “fees”, Council would be prudent to resist the temptation, as it is only a temporary measure.

Until the District Court hears the case on class action, all residents paying the refuse “fee” are encourage to file the letter of protest with the Department of Public Utilities. The form can be accessed through the blog: Shanahanselect.blogspot.com and follow the instructions within the blog.

To the Mayor, this is folly to continue assessing an illegal tax, which is protested in the courts. To City Council, when the Courts decide in favor of the residents of Toledo on this illegal tax, the required refunds will be painful; to increase them would not be prudent. The residents of Toledo have faith that Scott Ciolek, Attorney, and I will continue to fight the battle on your behalf.

REFUSE FEE LAWSUIT - update

The attorneys put their heads together on JUNE 27, 2008 AT 10:30 A.M for a pretrial conference and decided on a court date in mid-August.

One must be very patient when dealing with the courts.

A Question for Mr. Wilkowski

As a former Law Director, an Attorney, a public figure for 20+ years and a probable candidate for Mayor of Toledo, I request your official opinion on the legality of the Refuse Fee. Do you consider the "refuse fee" a legal form of revenue for a municipality? If you decide to campaign for the office of Mayor, it is important to understand your position on taxation and fees.

Lecture and Retort - Refuse Fee Lawsuit

Toledo City Paper satirist "Hildo" takes issues to task and unfortunately tends to be more concerned with ranting than facts. Regarding the lawsuit against the City over the Refuse fee, the author took me to task and admonished my "ignorance" regarding "taxation without representation". I strongly disagree with the assessment in the article "History for Dummies". Excerpt: "Err, sorry Karen, but your lawsuit seems pretty ridiculous on the face of it. Since when do voters get to approve every fee imposed on us? And you’re mixing your metaphors. Taxation with representation would mean the tax would be imposed by elected representatives, not voters directly. Which it was, since council had to vote to approve it in the final budget."

Now "Spartacus" takes up the cause of the Refuse Fee and defends the cause in a letter to the Toledo City Paper: Hail Carticus and His Disciples. Excerpt: "“We have always understood it to be a grand and fundamental principle of the English constitution that no free man should be subject to any tax to which he has not given his own consent“ -John Adams."

The battle wages on and well it should as this is dangerous legislation granting unlimited access to the taxpayers' wallets and unlimited funding capabilities without voter approval.

Continue to voice your disapproval loudly and relentlessly to our unresponsive City Council and Administration until they are required to respond responsibly in allocating the funds we labor daily to provide.

REFUSE FEE LAWSUIT

The Judge granted an extension to the City of Toledo

In Lucas County Common Pleas Court:
3/27/2008
Title : PRO:MTN FOR EXTENSION GRANTED
DEFENDANT CITY OF TOLEDO'S REQUEST FOR 1ST EXTENSION OF
TIME UNTIL 4/24/2008 TO RESPOND TO PLAINTIFF'S COMPLAINT
IS SIGNED AND GRANTED. SEE JE.