BUCYRUS—Interim Law Director Brian Gernert presented his annual report to Bucyrus City Council. Among the items referenced in the report, Gernert outlined plans to handle tax collection efforts, the importance of a strong safety forces presence in the community, and his efforts to implement creative sentencing for offenders dealing with substance abuse and mental health issues. The full report can be read below.
LAW DIRECTOR REPORT – February 7, 2023
2022 was a year in which the City of Bucyrus saw some significant issues, including but not limited to the closure of General Electric, ancillary pandemic issues, union negotiations, and budgetary issues resulting from a compilation of the issues outlined hereinabove. Throughout it all however, we have arrived in 2023 and with the hard work and dedication of the administration, council, employees and the citizens of Bucyrus we will continue to move forward and continue to make Bucyrus a vibrant community in which to live and work.
In 2022, the City Prosecutor’s office prosecuted 358 traffic offenses, ranging from equipment violations to driving under suspensions and the like. The approach of the Court and the approach of my offense on these offenses is to attempt to resolve the underlying issue. For instance, if someone comes before the Court with a suspended driver’s license, instead of simply issuing a fine and other sanction, I take the time to review their license status with them and let them know how to become valid, in the hopes they can drive legally in the near future. Often times I have found the individuals simply do not understand the system and what is required of them, and become frustrated with the bureaucracy. A few moments of time in Court hopefully allows the individual to understand the steps necessary to become a legal and valid driver.
The City Prosecutor’s office also prosecuted 961 criminal misdemeanor charges, albeit disorderly conduct, domestic violence, drug related charges or the like. As one can probably imagine, the vast majority of the criminal activity in our community is directly related to substance abuse. Whether one is under the influence and they commit acts of domestic violence, steal to support their drug habit, improperly take care of their children based upon the drug abuse, or actually perpetrate a drug crime, a vast majority of cases coming through municipal court have a substance abuse component. There is also a significant mental health component, whereby, people are committing crimes which can be attributed to their failure to have proper intervention with their mental health needs.
This being said, I have worked with Crawford County Municipal Court to become creative in sentencing. The Court has a strong probation department, with Tony Stover, Michelle Rittenour, Jason Masey, Chris Hahn and Micky Scadova. Through these individuals I have tried to ensure rehabilitation and accountability. We utilize both inpatient and outpatient counseling services for mental health needs as well as substance abuse issues. I have also utilized the reinvention program which encompasses a physical workout and mentoring program to try to reduce recidivism. Finally, through Diversion and the Education and Vocation Program, I have linked people with Meggan Murphy to help assist in schooling, job training, and obtaining employment in a career oriented field.
The offenders I prosecute are typically either low level offenders which intervention through the criminal justice system can benefit through connecting these individuals with community resources and goal oriented probationary terms, or, they are repeat offenders who will continue to engage in a lifetime of derelict behavior. The first group is the group I work creatively with to attempt to put the necessary services and structure in place to show them a path to a better place in life. The second group simply gets fines and jail sanctions.
It is important to maintain a strong police force. When drug dealers and others come through our community, it is important they see traffic stops, police patrolling the streets, and a community that supports their law enforcement. Not too long ago criminal prosecutions were common for people from Columbus, Cleveland, Detroit, and other such communities. These people weren’t in our community for our parks or small businesses. They were here, setting up shop to sell drugs and commit other nefarious acts. They recognized the absence of a strong police force, abandoned properties, and a court system that was not tough on crime and found an opportunity to profit. Thanks to the diligent efforts of our police department, surrounding law enforcement agencies, our prosecutors, both Judge Sean and Shane Leuthold and Judge Murphy, we have significantly cut back on the out of town criminal element. Rest assured, we do not want to return to those days.
The City Prosecutor’s office not only prosecutes the criminal activity, but we also provide victim services. Sam Caldwell is an irreplaceable asset in this respect. We assisted an estimated 151 victims of charged crimes, as well as a significant amount of victims of uncharged crimes. Whether it’s simply notifying the victims of court dates and keeping them informed of negotiations and what’s going on in the court process; linking victims up with resources such as financial reimbursement for property crimes, medical expenses, or the like; attempting to locate housing and stability through Turning Point and other similar agencies; ensuring the safety of the victim and loved ones through no contact orders and Civil Protection Orders; or ensuring the wishes of the victim are known and presented to both the prosecutor and the court, our victim’s advocate is second to none and an invaluable asset to the office.
Finally, as to the criminal charge of failing to file income tax returns, 259 of these cases were processed this year. These are only after Kelli Schimpf and Chris Schnabel find the individuals who have failed to file and reach out to them to try to resolve the situation prior to court intervention. These cases are always resolved in favor of the city, with approximately half the individuals actually filing their return before their first court date and the other half being ordered to have the return filed within approximately 120 days. Once the individuals do file, Kelli and Chris work with the individuals to come up with a payment plan if necessary, or refers collection activity to the Ohio Attorney General so we can intercept State and Federal income tax returns. Additionally, once the Tax Review Board is in order again, we can began to impute wages to non-filers and base their tax on these imputed wages. The imputed wages can be corrected with real wages, but half the battle is getting the attention of some of these non-filers and getting them to cooperate with doing the necessary things to remedy their failures.
Our property maintenance department also works tirelessly to attempt to ensure the vibrancy of our community. I believe I previously gave the statistics of this department to Council, and as Gordon Grove is laid off right know and I cannot locate his report, I cannot give you the exact figures. I do know we filed in excess of 20 criminal complaints for property maintenance issues. We probably file 10 times as many citations and work with the property owners to ameliorate the issues before using the last resort, court intervention. As you are probably aware, this year we were able to finally complete the cleanup of the old Riverside Mobile Home Park. What a difference tearing down those dilapidated buildings makes. I am also in the process of obtaining bids for the demolition of 415 W. Warren Avenue. Some of the other properties I looked into resulted in significant issues, including the Dudley street property which would require hiring a company to remove all the rubbish from inside the home before we would need to spend $26,000.00 in asbestos amelioration prior to being able to demolish the structure. I have reached out to the Ohio E.P.A. to determine what if any grants may be available.
A strong and active property maintenance department is necessary to ensure the vibrancy of our community as well as reducing crime rates. As I said before, when houses are vacant and dilapidated, properties are in disrepair, lawns are unkempt and the like, out of town criminal see an opportunity to move in, conduct business, and not raise any red flags. By tirelessly working to do what we can to ensure the vibrancy of our community we are investing in our community.
As the Law Director, I have stayed busy over the past year. The litigation pertaining to the water treatment plant was settled to our benefit; the suit against the Board of Zoning Appeals was resolved with the property owner keeping his home and bringing it up to our codified standards; the suit pertaining to the open meetings act was resolved; the suit pertaining to the potential new internet carrier was dismissed in favor of the City; the other suit pertaining to the expansion of the lease Verizon wireless has is still pending however I anticipate a similar outcome to the internet carries suit; and there is a pending suit in the Ohio Supreme Court pertaining to our Police Department which I anticipate will be dismissed soon.
We are currently obtaining easements and purchasing property for the expansion of our waterlines, which is no small undertaking. Further, we are currently discussing options with two property owners, one pertaining to a drainage issue and the other pertaining to an eminent domain case whereby we may take property in order to construct a small maintenance road so as to maintain a sewer/overflow line as mandated by the E.P.A.
Finally, and I will have this with me on Thursday, annexation of additional lands into the City of Bucyrus has been an issue which I have spent a significant time researching. I will report more as to what we can do and where we are at on Thursday, but it is definitely something we need to always be cognizant of continue to pursue.
Bucyrus City Council passed approximately 50 ordinances and 50 resolutions in 2022. The ordinances are highlighted in my opinion by the vacating of the Inez Street Alley, passing the Designated Outdoor Refreshment Area, rezoning areas around the fairground to allow for investment and expansion, amending the requirements for auxiliary police officers, investing in our parks and community, passing legislation by way of income tax to generate additional revenue, and approving Police, Fire, and AFSCME contracts. Resolutions of note were the hiring of two council clerks, working with the Federal Aviation Administration to maintain a viable airport, procuring a new heating system for the water treatment plant, authorizing the sale of 11 parcels of city owned and unused property, setting up the framework to participate in the opioid settlement, approving Dr. Haldeman to commence business at 1050 South Sandusky Avenue, and paving the way for the library tax renewal to be placed on the ballot.
I will need two referrals, both to public lands: the sale of the old Pines Reservoir and plausible leasing of public lands to solar energy companies.
I would like to thank each and every one of you for your hard work and dedication over the past year. I know it has not always been easy and at times can feel like we are getting nothing done. In my opinion, nothing could be farther from the truth. A republic democracy is not intended for significant changes to happen over-night. As members of council you bring your thoughts, expertise, life experiences and dedication to the cause to the table and work to do the best job for the people of the City of Bucyrus. I think this was accomplished in 2022 and can be built on going into 2023.