McNally’s criminal record a black eye for Youngstown

EDITOR'S NOTE — This story has been edited to correct one of McNally's pleas that was mislabeled by prosecutors.

Let us be clear: Youngstown Mayor John A. McNally was not convicted of spitting on the sidewalk or jaywalking, which would be considered minor offenses. Rather, McNally pleaded guilty Friday in Cuyahoga County Common Pleas Court to four misdemeanor charges stemming from his tenure as Mahoning County commissioner. One of the charges reads as follows: “ ... attempted unlawful influence by a public official or employee.” To a layman, the words “unlawful influence” define a bribe – in whatever form.

The other charges that McNally pleaded to are two counts of falsification and one count of attempted telecommunications fraud.

Taken together, the charges speak of a criminal record of an individual who no longer has the moral authority to lead the largest community in the Mahoning Valley. His continued presence in City Hall gives Youngstown a black eye it does not need.

We, therefore, urge McNally, whom we supported when he ran for commissioner in the 2004 Democratic primary, to do the right thing and resign. As long as he remains in office, he will be defined by his criminal record.

As an aside, here’s what we said in our endorsement of him when he sought the job of commissioner: “McNally has served admirably in Youngstown government and has honed his skills as a facilitator of dialogue among the various departments and the three branches of government.”

Today, we find nothing admirable about his participation in the Oakhill Renaissance Place criminal conspiracy that resulted in state charges being filed against him, former county Auditor Michael Sciortino and Youngstown Atty. Martin Yavorcik.

Sciortino also pleaded guilty Friday to a felony count of having an unlawful interest in a public contract, as well as misdemeanor counts of falsification and receiving or soliciting improper compensation.

Yavorcik’s trial is set for March 14.

$3,500 fine

In the plea agreement, McNally will pay a $3,500 fine, but will be permitted to remain in office. He will be required to cooperate with prosecutors in the ongoing Oakhill Renaissance conspiracy probe. Prosecutors will not make a recommendation on jail time.

Sentencing by Cuyahoga County Common Pleas Judge Janet Burnside is scheduled for March 28.

We would hope Judge Burnside shows no mercy – the mayor could receive up to 18 months in jail – if he does not resign and fails to provide significant assistance to prosecutors in their ongoing investigation.

Sciortino is prohibited from holding a public office for seven years and is required to cooperate with prosecutors. He could go to jail for 30 months, which should be used as a hammer to elicit from him information about all the participants in the conspiracy

At its core, this is a sordid tale of government corruption that was masterminded, according to court documents, by a wealthy, influential businessman, Anthony M. Cafaro Sr.

Cafaro did not want county commissioners to buy Oakhill Renaissance Place, the former Southside Medical Center, and corralled numerous county government officials to do his bidding.

Cafaro, at the time president of the Cafaro Co., was aware that Commissioners Anthony Traficanti and David Ludt planned to move the county Job and Family Services agency out of the Cafaro-owned Garland Plaza and into Oakhill Renaissance Place.

That’s why the Oakhill Renaissance case is so important, and why the apologists for McNally, Sciortino and Yavorcik are so wrong.

That said, we applaud Atty, David Betras, chairman of the Mahoning County Democratic Party, for quickly calling on McNally to resign.

Here’s what Betras said, in part:

“In light of the fact that he today pleaded guilty to four misdemeanors related directly to his official duties as an elected official, I believe he should resign. At the very least, I believe he should not seek reelection when his term expires.”

McNally has made it clear that he will not step down and, in fact, is considering running for re-election.

The mayor must know that his continued presence in City Hall will be a distraction the City of Youngstown can ill afford. He must step down.

CORRECTION

In coverage of Youngstown Mayor John A. McNally’s trial results, The Vindicator described one of the crimes to which he pleaded guilty as “attempted unlawful influence of a public official” and then referred to that charge as “attempted bribery.”

Neither “attempted unlawful influence of a public official” nor “attempted bribery” is correct. The mayor pleaded guilty to a misdemeanor, which in nonlegal phrasing is attempted disclosure of confidential information.

Misidentifying the mayor’s crime arose from an apparent clerical error in one of the many counts of McNally’s indictment: Count 63. The indictment’s heading for Count 63 called the crime “public official or employee’s unlawful influence,” which would be akin to bribery as popularly understood.

But the indictment’s heading for Count 63 was mistaken. The actual language of the indictment quoted from a state law that bars public officials or employees from disclosing confidential information.

At McNally’s guilty-plea hearing, the court granted the prosecutor’s recommendation to amend Count 63 of the indictment to make it an attempted disclosure of confidential information instead of a completed disclosure of confidential information.

But no one addressed the mistaken heading of Count 63 – ”unlawful influence”– as it appeared in the indictment. Because of that heading, The Vindicator described the mayor’s conviction as pleading guilty to “attempted unlawful influence.”

He did not. McNally pleaded guilty to attempted disclosure of confidential information.