Subject: [big campaign] ProgressOhio Files Lawsuit to Force Kvamme Remova
From: "Aniello Alioto, ProgressNow" <[email-masked]>
To: [email-masked]
Date: Wed, 9 Mar 2011 12:04:03 -0500
List-Id: <bigcampaign.googlegroups.com>

Bravo!

---------- Forwarded message ----------
From: Brian Rothenberg, Executive Director ProgressOhio <
[email-masked]>
Date: Wed, Mar 9, 2011 at 12:01 PM

  <http://progressohio.pnstate.org/site/R?i=V3LZx-QRMfNV9pDBxcTSww..>

*Press Release*

FOR IMMEDIATE RELEASE:

March 9, 2011

Contact: Brian Rothenberg (614) 207-3237

*ProgressOhio Files Lawsuit to Force Kvamme Removal*

Appointment is Unconstitutional

*COLUMBUS* – After weeks of watching the Kasich Administration dial back
contract signings and Controlling Board requests to subordinates,
ProgressOhio filed a lawsuit in the 10th District Court of a Appeals today
to force Governor Kasich to remove Mark Kvamme from his position as Director
of the Ohio Department of Development.

“We waited assuming that the actions of the Kasich Administration pretty
much acknowledged the questionable Constitutionality of Mr. Kvamme’s
appointment and gave time for them to take action, “ said Brian Rothenberg,
Executive Director of ProgressOhio.org. “It seems clear that if Mr. Kvamme’s
handlers are having deputies execute contracts and Controlling Board
requests, that they understand the Constitutional conflict and are choosing
to ignore the elephant in the room.”

On January 7, 2011, Gov. John Kasich appointed Mark Kvamme, a California
Resident, to be the Director of the Ohio Department of Development and he
has been serving in that position ever since. At the time Mr. Kvamme
acknowledged he would be retaining his residency out-of-state. The Ohio
Constitution and Revised Code require that State Directors must be a
resident and registered to vote in Ohio for 30 days prior to an appointment
or else it is illegal and nullified. Mr. Kvamme is not a resident of Ohio,
is not eligible to vote in Ohio, and therefore is not legally appointed to
his position.

Multiple sources, including the non-partisan Legislative Services Commission
and the Office of the Ohio Attorney General, have confirmed that Mr.
Kvamme’s appointment is a nullity based on the Constitution and Revised
Code. In fact, Rothenberg pointed out that the Third Frontier Commission has
cancelled a meeting in the wake of questions about Mr. Kvamme’s residency.
On Monday February 28th, the Controlling Board had to remove Kvamme’s name
from $17.7 million in contracts in order to avoid the constitutional issue
according to published reports and the Governor’s Communication’s Director
has been quoted as stating that contracts would be signed by deputies over
the Constitutional issue.

“We all can agree that Ohio needs to create more jobs for the hard-working
people of Ohio, but Gov. Kasich is not above the law. Multiple agencies have
confirmed the problems with Mr. Kvamme’s appointment,” said Brian
Rothenberg, Executive Director of ProgressOhio.org. “Given the actions taken
to date, leaving Mr. Kvamme in this job title appears to be political hubris
given the shift in legal authority already in place,” said Rothenberg.
“Constitutional issues are not optional.”

Mr. Rothenberg also pointed out that the Kasich Administration has sought to
invalidate appointments of the Strickland Administration like School Board
Member Martha Harris over paperwork issues and that just this week the
Attorney General rejected a Cuyahoga County Law Director candidate over
charter language. “Mr. Kvamme should be treated no differently. The law is
the law,” said Rothenberg.

*A copy of The Lawsuit can be found
here<http://progressohio.pnstate.org/site/R?i=dS3pn0qgJXWTeQUugtSDkQ..>
.*

*A copy of The Removal Order can be found
here<http://progressohio.pnstate.org/site/R?i=DX3EHMJWewV0gKIyXfSxmg..>
.
*

  *Join Us on* [image:
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------------------------------

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-- 
Aniello Alioto
National Political Director
[email-masked]
o: 202.756.4109
c: 502.664.2420

AZ: Arizona Progress
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