Ohio Dental Association of Minority Dentists
odamd.org

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Dr. Gregory McDonald

President, Dental Board

January 27, 2015

RE:          VIOLATIONS OF OPEN MEETINGS ACT, MISAPPROPIATION OF PUBLIC FUNDS AND RACKETEERING: DEMAND FOR RESIGNATION

Dr. Gregory McDonald

Your continued support of theft by Reitz by violating open meetings Act is mind boggling.  IG Report dated October 6, 2014 is public document containing public subject matter. Discussions and decisions regarding public subject matters can only occur in open meeting of the board.  You have discussed them, made decisions upon them behind closed doors in executive meeting. This violates Open Meeting Act and Sunshine Laws of Ohio.  You must cease and detest immediately or the Association will file Injunctive Relief and declaratory Judgment against you and other board members engaged in this lawless activity.

As a board member you are bound by certain rules of conduct.  I am not your school-teacher to explain Parliamentary procedures. It is not my job to educate you or your incompetency.  For starters, there are 6 things (among many) that board members are STRICTLY PROHIBITED from engaging in:

1              Public Subject matter cannot be discussed in executive session  You discussed IG Report in executive session on November 12, 2014 behind closed doors. Complicating the matter further, board took a formal action; to issue Reitz “Verbal Warning” in the executive session, in presence of Reitz and Bockbrader.   As lawyers, Bockbrader and Reitz are fully aware of ORC 121.22(H) but willfully encouraged you and other board members in the executive session to break the law.  Both attorneys were invited to the executive session. This is extremely serious matter for AG Mike DeWine and constituents of Ohio.

ORC 121.22(H) requires the formal action of any kind (including decision to give verbal warning to Reitz) must be adopted in public meeting otherwise it is illegal, invalid and not enforceable.

2              NO FORMAL ACTION CAN BE MADE IN EXECUTIVE SESSION: IG of Ohio report found that Reitz wrote 1,690 personal e-mails, while pretending to work in office (Actual attendance from 10 AM to 2 PM; while cooking time sheets from 8 AM to 5:30 PM), within a short span of time. IG reported 17% theft of time by Reitz.  Based on your letter dated November 13, 2014, {See “Agency Response” on IG website, you gave Reitz a verbal warning} but no such discussion took place in public meeting of the board.

3              NO DISCUSSION OF BOARD MATTER OUTSIDE BOARD

The discussion can ONLY happen in lawful open meeting/ executive meeting/special meeting by notice NO WHERE ELSE! 

Simply put:  The moment you step out of the Board Offices in Columbus, “Mum” becomes your operational status.  It appears you phone from your private practice to discuss Board licensing /discipline / authorize illegal payments.  You simply cannot do that without entire board being present.  You regularly meet with Reitz at 10 AM ahead of the board meeting.  This is strictly against the open meetings Act.  You and certain board members have Lunch with Reitz in absence of other board members. You absolutely cannot do that.  {You can explain (or lie) that you were discussing certain board matters, not related to licensing or payment issues, even those matters must be conducted with majority of board members being present}

4              NO RACKETEERING IN EXECUTIVE SESSIONS: 

Dental Board exists to enforce Ohio Dental Practice Act, not lobbying.  Board has no business in lobbying Ohio Legislatures.  An unnecessary public contract was created between the board and Mr. Kevin Caughlin  outside public meeting of the board, behind closed doors in executive session. There was no public NOTICE for such a position or public announcement from the Board either. This is classic federal crime of Racketeering.  Crime of this magnitude mandates prison time of those involved.

5              NO FACILITATION OF THEFT IN EXECUTIVE SESSIONS: 

In 2013 alone, $10,500 was authorized for payment to Mr. Caughlin in executive sessions.  Formal actions of the board that are conducted in executive sessions are VOID and not enforceable. It appears Reitz approved thousands of dollars in 2012, 2013 and 2014 as payments to Caughlin by initiating private, closed-door early morning meetings with you and others outside public Board meetings. 

Background:  Caughlin lobbied John Kasich to appoint Kaye and others to the dental board, IN RETURN, Kaye and others created unnecessary public contract with Caughlin authorizing public funds as kickback payments to Caughlin, for their dental board appointments. (Illegal interest in public contract, secondary to Racketeering)  The conspirator board members in return, helped Reitz in turning her full time job into part time job (while being paid for full time job, by turning a blind eye to her falsification of time sheets as evidence exposed in Exhibit 2 (pages 1,2 & 3) IG  report against Reitz:  8 AM start time and 5:30 PM as end time daily in Columbus, duly attested as true by Kaye in Akron 2 weeks later via I-Phone)

Falsification of state documents (Cooking the time sheet) by Reitz to gain financial benefit is a serious white collar felony crime based on glaring evidence in Exhibit 2 alone, legal penalties of Reitz should include having to pay fines and incarceration in a prison facility.

Reitz was shaving off 3 hours on daily basis and 60 hours on monthly basis for last 12.6 years.  This translates to 92 felony counts against Reitz.  

Kaye knew that Reitz does not come to board office before 9:30 AM, yet misguided investigators of IG office. Additionally, Kaye attested to “cooked up” time sheets of Reitz, as true, via his I-Phone. This constitutes illegal interest of Kaye in Public Contract of Reitz, a felony, which cannot go unprosecuted.

6              AUTHORIZATION OF PUBLIC FUNDS FOR  TRAVEL CANNOT BE DONE IN EXECUTIVE SESSION. 

Reitz travel (Air, Lodging, meals) to U.S. Supreme Court as a mute spectator in a North Carolina Case was from public funds.  Reitz had no public contribution or board commitment except a fun trip to Washington D.C. on Ohio Taxpayer’s dime. The authorization / vote of majority board members to authorize this abuse of state funds happened in executive session, not in public meeting. 

I encourage you and others to question Mr. Arthur Marziale about his lack of supervision of Bockbrader, who has willfully urged the board to violate Sunshine laws or ORC 121.22 (H) while counselling the board in executive sessions. This alone can cost these two lawyers, including Reitz to lose their Law License in Ohio.

You cannot be that naïve, after all one has to be of sound mind to be licensed dentist in Ohio.  Your blind protections of theft by Reitz are testimonial that you are mentally challenged and a disgusting public official.

 

In Disgust,

Melissa Rodgers

CC:  John Kasich, Mike DeWine, US attorney Cincinnati, Randy Meyers, Arthur Marziale, Chairman and members of health committee, Ohio Legislature and Ohio dental board members

PLEASE NOTE: Contract between Board and Kevin Caughlin was illegal based on ODAS Policy on clear prohibition for such hiring.

Lilli Reitz  crafted an illegal contract with a lobbyist Kevin Coughlin to influence legislation.

This hiring took place in absence of any public meeting / voting of the board, behind closed doors, a violation of open meetings act.  Hiring of independent contractor for a purpose of influencing legislation has clear prohibition; DAS Directive No. HR-D-13, effective date 09-01-2009, item number 5; which explains the prohibition with an example. To wit: If a contractor aid in influencing or enacting legislation, such function can only be performed by a governmental employee. Approximately $45,000 was dispersed to Kevin Caughlin from public funds.

How will current board members recovery these funds, remains to be seen. ODAMD is monitoring the current board members on this issue. 


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