

The political candidate funds of TPS board members Jack Ford and Lisa Sobecki received $1,700 and $8,884, respectively, in monetary or other contributions from several TFT-funded elected officials at the local and state levels or their political candidate funds or both.
Those individuals' campaign funds received a combined $7,575 in cash donations from the TFT in 2007, according to campaign finance reports on file with the Lucas County Board of Elections. Several of the officeholders who received contributions from the TFT were not up for re-election last year.
Calls made Jan. 9 and 10 to TFT President Francine Lawrence for comment were not returned. Secretary Lisa Flemmings said none of the TFT's officers was present at the union's offices at 3:15 p.m. Jan. 10. She said there was no one present who could comment on behalf of the TFT.
Spirit of the law
The law in question, House Bill 694, came about in the wake of the Coingate scandal involving former GOP fundraiser Tom Noe, who, among other things, was convicted of illegally funneling contributions to the 2004 re-election campaign of President George W. Bush. Though H.B. 694, known as Ohio's “pay-to-play” law, puts a $2,000 limit on the amount labor organizations such as the TFT or their political action committees (PACs) can contribute to candidates or officeholders who would or could be the decision-making authorities in collective bargaining situations, it does not prevent those groups from channeling money through other political campaigns to bolster the coffers of union-backed candidates.
“If you don't restrict the candidate-to-candidate giving or the candidate-to-party giving, then of course it's a major loophole. And it's a loophole you can drive a truck through,” said Catherine Turcer, a campaign finance expert who works as director of the Money in Politics Project, a nonprofit, nonpartisan study that monitors campaign contributions in Ohio. “It's not illegal to channel money where you want it to go.”
Turcer said practices such as the funneling of contributions through other political candidate funds circumvents the intent of campaign finance laws such as H.B. 694 by “not reining in the influence of money in politics.”
“Not only does it violate the spirit of the law,” Turcer said, “it doesn't get at what the law was intended to do, which was to restrict the influence of those who want something from our elected officials.”
‘The nasty local system'
Bob Sopher, a longtime Lucas County Democratic Party precinct committeeman and former chairman of the 16th and 24th wards, said there was nothing unusual about funds being funneled through other political funds.
“That's just the way the nasty local system works,” said Sopher, who has since resigned from all elected and appointed positions he occupied in the party. “It's something that I've been personally against for a long time.”
Sopher said it is common for local politicians to host fundraisers in non-election years for the sole purpose of raising money to give to other candidates.
“It basically holds new people out of the system” that don't have political connections, Sopher said.
Dan Farbrother, secretary and treasurer for Teamsters Local 20, said it is routine for his union to give money to political candidates in non-election years. He said he believes other unions follow the same practice.
Robert Hadley, a member of the Lucas County Republican Party executive committee, said receiving contributions from two local unions he has had past experiences with doesn't come easy.
“I'm very close to the boys in the Teamsters and I'm fairly close to the boys in the UAW and they selectively pick who they contribute to,” Hadley said.
State Rep. Mark D. Wagoner Jr., a Republican who represents District 46, said if the TFT planned to funnel money through other political candidate funds to reach the candidates it supported, its actions sidestepped the intent of H.B. 694.
“If that in fact were the case, that would seem to be against the spirit of trying to end the pay to play that House Bill 694 was trying to accomplish,” Wagoner said.
According to campaign finance records, the TFT contributed $2,000 each to Sobecki's and Ford's political candidate funds between June and October last year. The TFT gave to the campaign funds of several state and local officeholders who previously contributed to Ford's or Sobecki's campaign or both, or did so after receiving dollars from the TFT.
Sobecki, when made aware of similarities between her contribution lists and the TFT's expenditure lists, said, “People support who they would like to support during the election process.”
Sobecki said her loyalty lies with doing what is best for the entire school district, and not the special interests of one of its bargaining units.
“As an elected official, you make the best decision for this district as a whole,” she said. “That's what I said I would do and that's what I will continue to do.”
To her knowledge, Sobecki said the TFT did not solicit contributions on her behalf.
“What they did behind their doors, they did behind their doors. I can't control that,” Sobecki said.
Ford had not returned calls for comment at press time.
The donations
The TFT made a $1,210 contribution April 27 to the campaign fund of State Sen. Teresa Fedor, Teresa Fedor for Senate, and a $1,900 donation Oct. 17. Fedor's campaign gave $2,500 Oct. 1 to Sobecki's candidate fund, Friends of Lisa Sobecki, and $500 Nov. 2 to Ford's campaign, Citizens with Ford.
Fedor, who was ousted Jan. 9 from her position as Ohio Senate minority leader, has the TFT listed in the affiliations section on her Web page.
Fedor had not returned calls for comment at press time.
The Edna Brown Campaign Committee received $100 from the TFT April 27. Brown, the District 48 state representative, gave $100 Oct. 10 to Ford's campaign. She also gave a combined $160 to the campaign of another school board candidate, Harold Mosley, between June and October.
Brown said she gave to Ford and Mosley because she maintains friendships with both men. When asked if she planned to funnel the contribution the TFT made to her to Ford, Brown said, “Absolutely not.”
District 47 State Rep. Peter Ujvagi's political candidate fund, Citizens with Ujvagi, received $140 April 14 and $650 Oct. 25 from the TFT. It gave $50 to Sobecki's campaign Sept. 10.
Ujvagi had not returned calls for comment at press time.
Friends of Skeldon Wozniak, the political candidate fund of Lucas County Board of Commissioner's President Tina Skeldon Wozniak, received a $200 contribution from the TFT March 21. It gave a combined $300 to Sobecki's campaign between June and October, and $200 to Ford's campaign Nov. 2.
Skeldon Wozniak said she made contributions to Ford and Sobecki because she was familiar with their backgrounds and felt they were the most qualified candidates for board seats. She said “there was no connection” between donations the TFT made to her political fund and those contributions Friends of Skeldon Wozniak made to the Ford and Sobecki campaigns.
The TFT gave $200 to Lucas County Commissioner Pete Gerken's political candidate fund, Elect Pete Gerken Committee, April 14, which then gave a combined $950 to Sobecki's campaign between May and October, and $300 to Ford's campaign Nov. 2.
Gerken said, “There was no agreement in place,” between him and the TFT to contribute to TFT-backed candidates for the Toledo school board. He said neither Lawrence nor any of the union's other leaders approached him or his campaign about contributing to Ford and Sobecki.
“The TFT has always supported me, and I look forward to their support in the future,” Gerken said.
Toledo City Councilman Michael Ashford's political candidate fund, Citizens for Ashford, received $250 April 14 from the TFT. It gave $500 to Ford's campaign Sept. 30 and $1,000 to Sobecki's campaign Oct. 30. Sobecki's campaign made a $60 contribution to Citizens for Ashford Nov. 27.
Ashford had not returned calls for comment at press time.
The TFT gave $100 March 21 to Friends of Joe McNamara, the political candidate fund of Toledo City Councilman Joe McNamara. McNamara gave a combined $630 to Sobecki's campaign between June and October, and $100 Oct. 10 to Ford's campaign.
Friends of Joe McNamara contributed $500 to the political candidate fund of Richard Brown, who dropped out of the TPS board race after he was charged with several counts of child endangering. McNamara contributed $60 to Richard Brown's campaign June 25. The TFT contributed $1,000 to Richard Brown's campaign July 16.
McNamara was honorary co-chairman of Sobecki's campaign.
“I thought she was one of the best candidates out there, so I supported her financially,” he said. McNamara said he was not endorsed by the TFT in 2006 when he won his City Council seat. He said no one from the TFT contacted him to solicit funds for any school board candidate's campaign.
The political candidate fund of Toledo City Councilwoman Lindsay Webb, Friends and Neighbors of Lindsay Webb, received a $150 contribution from the TFT Aug. 1. It made an in-kind contribution valued at $671 to Sobecki's campaign Nov. 6 for a mailing. Webb said the mailing her political fund contributed to Sobecki was sent to Point Place residents. It featured images of Webb and her parents, and Sobecki and her family, Webb said. Webb's mother teaches in the Toledo school district.
“At no time did Fran Lawrence or any of the senior level staff at Toledo Federation of Teachers ask me to support Lisa Sobecki,” Webb said. “I support Lisa Sobecki because I believe in Lisa Sobecki.”
The TFT contributed $150 Aug. 1 to the political candidate fund of Lucas County Treasurer Wade Kapszukiewicz. Friends of Kapszukiewicz made a $460 in-kind contribution for food and beverage to Sobecki's campaign Oct. 29. Kapszukiewicz made a $200 contribution to Friends of Lisa Sobecki May 24.
Kapszukiewicz said he supported Sobecki's candidacy because she has been a friend to him for several years. He said his political fund donated to several other campaigns last year.
“I've never talked to anyone at the Toledo Federation of Teachers about Lisa Sobecki's candidacy, ever,” Kapszukiewicz said.
Records show the TFT contributed $100 March 21 to the political candidate fund of Toledo Municipal Clerk of Courts Vallie Bowman-English. The Committee to Elect Bowman-English made an in-kind contribution valued at $1,482 Nov. 6 to Sobecki's campaign for a mailing. It contributed $30 to Richard Brown's campaign June 25.
Bowman-English said she contributed to Richard Brown because they “grew up in the same church,” and Sobecki because she was impressed with her previous volunteer work. She said she has never had discussions with the TFT about campaign contributions and that she would not accept donations to her campaign with strings attached to them.
“I wouldn't take money based on someone saying you have to do something,” Bowman-English said. “I wasn't put in that position.”
The TFT contributed $2,300 Jan. 19 to Steel for School Board, the political candidate fund of TPS board president Steve Steel. Steel for School Board contributed a combined $600 to Sobecki's campaign in October.
Steel, when questioned why the TFT made such a significant contribution in a non-election year, said, “You'd have to ask the TFT.” He said there was no agreement or understanding he would use some of the TFT's contribution to his political fund to bolster the coffers of TFT-backed candidates.
The TFT gave $125 to Sylvania City Councilman Mark Luetke's political candidate fund, Citizens for Mark Luetke, Aug. 17. Luetke contributed $30 to Richard Brown's campaign June 25 and $40 to Sobecki's campaign June 27. Luetke said Richard Brown and Sobecki were the most qualified candidates when he made his contributions. He said no one from the TFT solicited money from him.
“There's a dynamic in Lucas County that if you contribute to any campaign, your name makes it onto the mailing list for other campaigns,” Luetke said. “Typically, new candidates will go through filings of old candidates and draw prospects from those old lists.”
The Committee to Elect Marty Skeldon, the campaign fund of Marty Skeldon, who unsuccessfully ran for the Toledo City Council District 5 seat, received $200 from the TFT May 25. Skeldon contributed $50 to Ford's campaign Oct. 9.
Skeldon had not returned calls for comment at press time.
The TFT contributed $100 March 21 to Konop for Lucas County, the political candidate fund of Lucas County Commissioner Ben Konop, which gave $30 to Richard Brown's campaign June 25.
Toledo City Councilman George Sarantou, a Republican, said he has contributed to other political candidates, but his donations typically range in amount from $25 to $50.
“In my travels, most public officials don't have a huge amount of money in their campaign accounts in non-election years,” Sarantou said.
Law contested
Whether the TFT was subject to a $2,000 contribution limit to individual school board candidate campaigns remains to be seen because Franklin County Common Pleas Court Judge John Bender struck down H.B. 694 in December. Bender ruled the law was unconstitutional because an erroneous version of the bill filed with the secretary of state did not match the version the General Assembly passed in December 2006.
Maria J. Armstrong, chairwoman of the government relations department for the law firm Bricker & Eckler LLP, which has offices in Columbus, Cleveland and the Cincinnati-Dayton area, wrote in an e-mail that Bender's decision is “not journalized yet, meaning that the judge has not issued a final appealable order yet. … Once Judge Bender's opinion is journalized, H.B. 694 will be officially stricken in its entirety, but subject to appeal by the attorney general.”
Jeff Ortega, spokesman for Ohio Secretary of State Jennifer Brunner, said Bender declared the law unconstitutional, but left it in effect pending his final order.
“We're telling people to operate as if the law is in effect,” Ortega said.
Bender issued a stay regarding labor provisions in the law, meaning they are not enforceable until a final ruling in the case is issued.
Jim Gravelle, spokesman for Ohio Attorney General Marc Dann, said Dann's office would decide whether to appeal Bender's ruling once Bender issues his final order in the case.
Turcer said H.B. 694 is not foolproof because it does not prevent groups or candidates from funneling contributions.
“You're certainly not getting the best government that you can because you're not reining in the influence of money in politics,” she said.
Lack of oversight
Sobecki's contribution lists showed a $1,000 donation from the TFT June 19 and another of equal value on Sept. 5. Reports provided by the board of elections show the TFT failed to report the $1,000 contribution it made to Friends of Lisa Sobecki in September.
Kelly Mettler, an auditor for the Lucas County Board of Elections, said the agency does not cross reference contribution lists.
“It's a matter of having a program in place to do it,” Mettler said. “There's no program to do that double check.”
Mettler said there is no way to ensure contributions are reported by both the receiver and contributors required to report donations by law.
“We hope that they do that, but we don't really have a system to cross reference every report with every contribution,” Mettler said.
TFT influence
With the election of Ford and Sobecki, three of the TPS board's five members have received contributions from the TFT in 2007, including Steel.
Superintendent John Foley said he hopes political influence will not play a role in how the board conducts itself when setting the policy and direction of the district.
“I would hope that those influences are not part of the factor and that they'll do the right thing,” Foley said.
Foley said it is his staff's job to negotiate with the TFT and other unions prior to March 31, the date when contracts with the district's bargaining units expire.
“It shouldn't be political,” Foley said of the contract negotiation process. “[School board members] are to vote on a contract and not negotiate one.”
School board candidate Cheryl Catlin, whose fundraising efforts were more than doubled by Ford's almost $17,000 in contributions, said the TFT used its dollars to get the candidates of its choice elected.
“It really felt like it was about money,” Catlin said of her election loss. “I think that the Toledo Federation of Teachers puts a ton of money into the campaign to gain influence on the board,” she said.
Myers, who also unsuccessfully ran for the TPS board in 2005, said without a significant amount of dollars in campaign coffers, getting one's message and platform to reach the public becomes a limited process. Myers' camp raised nearly a combined $14,000 in monetary and in-kind contributions for the 2007 election.
“If you don't get on TV, then you have a serious issue with regards to getting your name out,” he said. “I tried to” but it wasn't financially feasible.
School board vice president Robert Torres said he understands it could be considered a conflict of interest for board members to receive large contributions from the district's collective bargaining units.
“The safest way to go is to build your campaign around grassroots fundraising,” Torres said.
Officers and staff members listed on the TFT's Web site contributed a combined $890 to Sobecki's campaign, records show.
Myers said he understands why the TFT and its members contribute to school board candidates.
“The TFT, they're fighting for their survival,” Myers said. “Of course they're going to be aggressive in supporting the candidates that are going to support them.”
Myers said the public's influence on elections has dwindled while that of special-interest groups has grown.
“The internal groups are becoming much more of an influence in school board elections than the public is,” he said. “It's an issue that people need to think about.”
addendum from - Editor Michael S. Miller:
Sometimes, it may look like a duck, quack like a duck and swim like a duck; a few bird experts may even call it a duck. But unless the duck quacks and submits itself to examination, a prudent journalist doesn't label it a mallard or call it Daffy.
In analyzing the campaign finance reports from last November's TPS School Board election, there appeared to be a pattern of donations that allowed the Toledo Federation of Teachers to skirt a recent (and contested) law that capped its donations to preferred candidates. There is no way to trace specific donated dollars and as yet no evidence exists of a conspiracy or organized plan to channel funds, but a study of campaign finance records shows several local officials, most in a non-election year for them, received TFT donations to their campaign funds. Subsequently, several of those politicians donated to TPS Board of Education campaigns.
This seemed unusual, and apparently no laws were broken, but it seemed, and was confirmed to be, against the spirit of the law. But this is Toledo Free Press — Johnny Hildo doesn't work here. We do not anonymously accuse elected officials with whispers and hints.
Almost every source involved in the story cooperated, but Francine Lawrence, president of the TFT, did not return phone calls for two business days, even though her receptionist said she received our messages. Nor did anyone answer her home door when we knocked the evening of Jan. 10. Nor did anyone from TFT, though implored to, offer to speak with us. There is no law saying they have to, but their cooperation might have gone a long way toward answering some legitimate questions. What follows is an analysis, the first in a series, of how people and organizations in Lucas County donate money to politicians, and how and where that money is used. Perhaps the appropriate governing bodies will help us reach the reluctant sources involved.
Many people we spoke to called the duck a duck; some just gave us the bird. We present this story so Lucas County citizens and voters can ask themselves, and their elected leaders, if this is business as usual in Lucas County, or if more accountability needs to be applied.
(toledofreepress.com)