Why is "Oakhill" important?

EDITOR’S NOTE: During Bertram de Souza’s hiatus, we are republishing some of his favorite columns.

The right of the people to petition their government is one of the fundamental freedoms of all Americans, documented in the First Amendment to the Constitution of the United States.

But more than 200 contacts in a matter of months between a business tycoon and others in his firm and government officials? That certainly wasn’t what Abraham Lincoln had in mind when he talked about government of the people, by the people and for the people.

In the case of Anthony M. Cafaro Sr., other Cafaro Co. executives and five current or former Mahoning County officials, it was government of the rich man, by the rich man and for the rich man – as evidenced by the several-times-a-day telephone calls and meetings that occurred during the “Battle of Oakhill” in 2006-07.

Yet, Cafaro’s defenders insist he was only doing what he, as a taxpayer, has a right to do. And, that government officials were responding to him in the same way they would any citizen. Really?

The fact of the matter is that there are two sets of rules when it comes to government: one for the high and mighty; the other for everybody else.

That is why “Oakhill” is important. It illustrates the pay-to-play culture that defines the public sector. Those who have the ability to pay – through campaign contributions and other things of value – get to play. The rest are mere spectators.

In 2006-07, Cafaro and others in the Cafaro Co., one of the nation’s leading shopping-center developers, conspired with several public officials to block the county’s purchase of Oakhill Renaissance Place. The conspiracy is the foundation of the criminal charges filed last month against the participants.

In addition to Anthony Cafaro, now the retired president of the Cafaro Co., and his sister, Flora, an officer in the firm, the “enterprise” featured county Auditor Michael Sciortino, Commissioner James A. McNally, then Treasurer John Reardon and then Job and Family Services Director John Zacharia.

Also named in the indictment and subsequently charged is Atty. John Yavorcik.

County Treasurer Lisa Antonini also had contact with Anthony Cafaro during the “Battle of Oakhill,” but she was not indicted. The former deputy treasurer has said in the past that her ties had to do with politics since she was chairwoman of the county Democratic Party at the time.

So, what were all the chatter and meetings about in 2006? Cafaro and his minions in and out of government were trying to block commissioners Anthony Traficanti and David Ludt from moving the JFS agency from the Cafaro Co.-owned Garland Plaza on the East Side to Oakhill Renaissance, the former Southside Medical Center.

The 73 state criminal charges that have been filed against the conspirators – the keywords in the indictment are “enterprise through a pattern of corrupt activity”– can be summed up thus: They sought to undermine the legitimate conduct of public business.

Politically motivated?

They’ve all pleaded not guilty and contend that the investigation is politically motivated. That will be determined in a court of law. What is not in dispute is the access Cafaro et al. had to county government.

Although the Cafaros were unsuccessful in blocking the purchase of Oakhill Renaissance and the relocation of the JFS agency – a judge dismissed a lawsuit they filed – telephone conversations between those in the company’s headquarters and county officials are certainly intriguing.

Here’s a glimpse of part of what took place in 2006:

Aug. 7 – Sciortino sends building assessment to commissioners; Cafaro calls McNally at 9:10 a.m.; McNally calls Cafaro at 9:17 a.m.; Cafaro calls McNally at 9:23 a.m.; Cafaro calls McNally at 3:15 p.m.; Zachariah calls Cafaro at 4:40 p.m.; Cafaro calls Sciortino at 9:05 a.m.; Cafaro calls Sciortino at 3:05 p.m.; taxpayers’ lawsuit is filed by the Cafaro Co. to block the JFS move.

Aug. 8 — Antonini calls Cafaro at 9:25 a.m.; Anthony Cafaro Sr. meets with Zachariah; Cafaro calls Sciortino at 2:09 p.m.; Sciortino calls Cafaro at 2:34 p.m. ...

Ad nauseam.