Don't count FBI out in Girard

At first glance it would seem that Girard Mayor James Melfi has pulled a fast one on city voters, that his bombast about asking the FBI to investigate the purchase of Girard Lakes was nothing more than a political ploy.
There was no mistaking Melfi's intentions when he spoke to Vindicator Reporter Tim Yovich before the May 6 primary. Here's how the story characterized the mayor's position: "Melfi said the FBI should be looking at the purchase of the lakes because there was no appraisal of the property, and also at the justice center, which was built without competitive bidding."
Did that public pledge to champion the cause of Girard taxpayers contribute to his strong showing at the polls election night? Of course it did. He garnered 46 percent of the vote in the four-man race for the Democratic nomination, thereby assuring himself a second four-year term starting in January. He is unchallenged in the November general election.
As The Vindicator noted in an editorial after the primary -- the newspaper had strongly endorsed Melfi for the Democratic nomination -- the outcome must be viewed as public support for an FBI probe into the purchase of the lakes and construction of the justice center.
But just days after his impressive victory, the mayor announced that he was asking Ohio Auditor Betty Montgomery -- not the FBI -- to conduct an independent investigation into the projects handled by previous administrations. He contends that these projects plunged the city into fiscal emergency in 2001.
Flimflam?
His change in position does give the appearance of a big-time political flimflam. But is it?
Not if Montgomery's recent strenuous objections to this newspaper's past characterizations of her are any indication.
Before becoming auditor in January, Montgomery had served eight years as Ohio's attorney general, and one of the highest profile cases she handled stemmed from a special state audit of the Mahoning Valley Sanitary District.
The audit, launched by then Auditor Jim Petro, contained findings for recovery of more than $2 million against former MVSD directors Edward A. Flask of Poland and Frank DeJute of Niles, other officials and the Gilbane Co. of Rhode Island. The company had been hired by Flask and DeJute to serve as construction manager of a major capital improvements project.
Petro, now attorney general, contended that Gilbane was paid money for work it never did. He urged Montgomery to file lawsuits against all the parties and to seek recovery of the money. Petro was convinced that the state had a very strong case and wanted Montgomery to aggressively pursue those identified in the audit.
The Vindicator editorially expressed dissatisfaction with the then attorney general's approach to the MVSD case and insisted that she not give up even though the state had suffered setbacks in the courts.
It was also suggested in this space on more than one occasion that had Petro been the attorney general, Flask and DeJute certainly would not have been as arrogant in their reaction to the lawsuits as they were during Montgomery's tenure.
Indeed, even the judges who heard the cases seemed to have no qualms about belittling the attorney general's office -- which indicated to this writer that state lawyers lacked the intestinal fortitude to fight to bitter end.
New day in court
In January, when Petro was sworn in as attorney general, he let it be known that he had instructed the litigators in his office to review the MVSD files and to come up with a strategy for pursuing Flask, DeJute and Gilbane in court. One thing this writer believes the attorney general should investigate is Flask's obvious ploy to short-circuit his civil trial by filing for bankruptcy in U.S. Bankruptcy Court. He withdrew the bankruptcy claim after Montgomery's office suffered another setback in the courts.
Two weeks ago, during a visit to The Vindicator, Montgomery made it clear that she objected to any suggestion that she lacked the killer instinct or the commitment to see justice done in the MVSD case. She contended that as an officer of the court she was prohibited from publicly criticizing the judges in the state and federal courts for their asinine rulings.
Her bottom line: Don't sell me short.
That's why Girard Mayor Melfi's request for an investigation by the auditor's office may not be such a bad thing. Montgomery will be aggressive and won't hesitate to bring in the FBI if there's any hint of wrongdoing. Why? Because as state auditor, she doesn't want again to be compared to Petro, a fellow Republican whose tenure has made him one of the most popular state elected officials in Ohio.