Council member Chris Smitherman announced in a statement today that he will leave his post as president of the Cincinnati chapter of the NAACP while he runs for re-election to City Council.If he does win re-election, Smitherman will offer his permanent resignation to the local chapter's executive committee, which can then accept or reject Smitherman's leave.James Clingman, a vice president of the NAACP and founder of the Greater Cincinnati African-American Chamber of Commerce, will take Smitherman's spot for now.Smitherman, City Council's sole Independent, has come under criticism recently to step down from his NAACP post as he runs for office. Others have also criticized Smitherman's involvement with political organizations like the conservative Coalition Opposed to Additional Spending and Taxes (COAST) and his support for Republican City Council candidates — involvement and support that critics argue are too political for the NAACP.A memo titled "Election Year Dos and Don'ts" from the NAACP tells members to avoid partisan, political activity."Although NAACP units are 501(c)(4) tax-exempt organizations, the national NAACP is a 501(c)(3) organization which is restricted in how it can assist people in registering or getting out to vote. In addition, NAACP policy specifically prohibits units’ engagement in political campaign activity. This means that NAACP units cannot endorse or oppose candidates running for public office, make financial or in-kind contributions to candidates, political parties, or PACs, or engage in other activity that is designed or targeted to influence the outcome of any candidate election," the memo reads.By separating himself from the NAACP, Smitherman can continue his political activities without violating federal and national NAACP rules.

Got questions for CityBeat about, well, anything? Submit them here, and we’ll try to get back to you in our first Answers Issue.City Council’s Budget and Finance Committee approved a development plan for Fourth and Race streets to build a downtown grocery store, a luxury apartment tower and a garage that will replace Pogue’s Garage. The project will cost $80 million, with the city paying $12 million through a five-year forgivable loan and private financing paying for the remaining $68 million. The city’s loan is being financed through urban renewal funds, which are generated through downtown taxes and can only be used for capital investment projects downtown. The project was originally attached to the city’s plan to semi-privatize its parking assets, but the city administration says the urban renewal funds opened up after a hotel-convention center deal collapsed. The city’s pension fund saw a return of 12 percent in fiscal year 2012, but the amount of money the city owes and should contribute to the pension fund continues to go up. The higher costs will likely force City Council to put more money toward the pension, which means less money for other services. City Council has underfunded the pension system by varying degrees since 2003 — a problem that was further exacerbated by the economic downturn of 2008, which cost the city’s pension fund $102 million. Consultants suggested City Council view the pension fund as “not being of good health” and make changes that would help make the pension fund more “robust” and less volatile.As county and state officials move to investigate and potentially prosecute 39 “double voter” cases, local groups are pushing back with warnings that the investigations could cause a chilling effect among voters. Most of the cases cover voters who mailed in an absentee ballot then showed up to vote on Election Day. Although the voters voted twice, their votes were only counted once. Critics of the investigations, including Hamilton County Democrats, cite Ohio Revised Code Section 3509.09(B)(2), which says voters who show up to vote on Election Day after filing an absentee ballot should be given a provisional ballot. Hamilton County Republicans say they’re not prejudging anyone and just want an investigation. Following a report that found Ohio’s juvenile correction facilities are among the worst in the nation for rape and other sexual assaults against incarcerated youths, the state is assigning assessors to the facilities to ensure proper protections and improvements are being put in place.The Greater Cincinnati Port Authority is looking to expand its coverage to better market the region. The Port Authority’s plans call for enlisting 18 counties across Ohio, Indiana and Kentucky. A derailed train hit a local electrical tower yesterday, temporarily shutting down power for part of the region. Fatal collisions between cars and trains at public railroad crossings increased in 2012 to the highest level since 2008. The former Terrace Plaza Hotel was sold, but it’s not clear what will come next for the building.An experimental form of male birth control involves injecting gold into testes and zapping them with infrared light. Another one of Saturn’s moons may contain an underground ocean.

As county and state officials move to investigate and potentially prosecute voter fraud cases, local groups are pushing back, warning that the investigations could cause a chilling effect among voters. Vice Mayor Roxanne Qualls became the latest to speak out in a letter to Hamilton County Prosecutor Joe Deters and Ohio Secretary of State Jon Husted. “The current legal investigations perpetuate the idea that voter fraud is widespread, when it’s not true,” she wrote. “We need to work together to give citizens the confidence that the election process is fair and accessible to those who have followed the law and pre-determined process. When citizens are confused about the process of voting they are intimidated from exercising their full rights to vote, which erodes confidence in and the integrity of our democracy.” The American Civil Liberties Union of Ohio (ACLU) and League of Women Voters of Ohio sent similar letters to Husted in the past few weeks, echoing fears that the investigations will intimidate voters into staying out of future elections. The controversy surrounds 39 “double voter” cases recently sent to the county prosecutor by the Hamilton County Board of Elections. In most of the cases, the voters in question sent in an absentee ballot prior to Election Day then voted on Election Day through a provisional ballot, which are given to voters when there’s questions about eligibility. Even though the voters technically voted twice, their votes were only counted once. The letters from Qualls and the League of Women Voters claim the cases were sent to the county prosecutor based on a narrow interpretation of state law and other sections of election law back the voters’ actions. The letters reference Ohio Revised Code Section 3509.09(B)(2), which says, “If a registered elector appears to vote in that precinct and that elector has requested an absent voter's ballot for that election and the director has received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election, the elector shall be permitted to cast a provisional ballot under section 3505.181 of the Revised Code in that precinct on the day of that election.” The law goes on to clarify only one of the votes should be counted. Husted broke a tie vote in the Hamilton County Board of Elections on May 31, siding with the Republicans on the board who wanted to send the case to the county prosecutor. Alex Triantafilou, an elections board member and chairman of the Hamilton County Republican Party, says Republicans just want an investigation. “I think anytime a person casts two ballots we ought to ask why,” Triantafilou says. “This is not to prejudge any of these cases as criminal charges. That’s not been our intention. What we want is a qualified investigator to ask the question and then answer it.” Tim Burke, chairman of the local elections board and the Hamilton County Democratic Party, disagrees: “This is a damn shame. What’s happening to those voters is absolutely wrong.” Burke claims the law was followed and no further investigation is necessary. He alleges Republicans are trying to suppress voters. “I fear that what’s going on is that elements of the Republican Party want to create the impression that there is massive voter fraud going on, and they want to scare the hell out of people to intimidate them and discourage them from voting in the future,” Burke says. “I think part of what’s going on here is an effort to identify voter fraud in order to justify more restrictions on voting rights.” Triantafilou argues Democrats, including Burke, are playing politics: “It’s a continuation of the kind of fear that Democrats try to instill in the electorate, and it’s a political weapon. We’re not trying to do that. They alleged voter suppression in the last election cycle. That was nonsensical. The problem really is fraud.”

Update (June 5, 11:20 p.m.): Libertarian mayoral candidate Jim Berns didn't hand out marijuana plants at a campaign event Wednesday, instead admitting to multiple media outlets that he was misleading the public to raise awareness of his campaign and marijuana legalization platform. Berns handed out tomato plants instead, which look similar to marijuana plants.In perhaps an act of civil disobedience, Libertarian mayoral candidate Jim Berns is planning to hand out marijuana plants at a campaign event Wednesday.But the event could run foul of state law for both Berns and attendees. Ohio law prohibits obtaining, possessing or using a controlled substance — a category that includes marijuana.The event will take place at the intersection of Martin Luther King Drive and Clifton Avenue on Wednesday at 5 p.m."If you want one of the plants I suggest you get there early," Berns said in a statement.In this year's mayoral race, Democratic candidates John Cranley and Roxanne Qualls are generally considered the top contenders, although neither candidate has received an official endorsement from the local Democratic Party.Berns has differentiated himself from the frontrunners by pushing marijuana legalization in his platform. Drug prohibition laws are generally dictated at state and federal levels, but city governments can legalize or decriminalize certain drugs and force police departments to give the issue lower priority.Marijuana is already decriminalized in Ohio. Cincinnati re-criminalized the drug in 2006, but the drug was decriminalized through a city budget passed in 2010.Some groups are attempting to legalize medical marijuana in Ohio. CityBeat covered those efforts in further detail here.

Democratic gubernatorial candidate Ed FitzGerald is calling on Republican Gov. John Kasich to veto a bill that would prevent State Auditor Dave Yost, a Republican, from fully auditing JobsOhio, following months of controversy surrounding the private nonprofit entity."I further encourage the Governor to return to negotiations with Auditor Yost, with the explicit goal of establishing an open and transparent process by which the people of Ohio can be sure JobsOhio is spending our tax dollars efficiently, and that the program is doing what it is supposed to be doing: creating Ohio jobs," FitzGerald said in a statement. "The people’s money is the people’s business, and this bill, which slams shut the door on accountability, is simply unacceptable."Yost claims he can audit JobsOhio's liquor profits, which add up to $100 million a year, and private funds, such as donations.But the bill effectively defines JobsOhio's liquor profits as private funds that can't be audited by the state auditor. Under the proposal, Yost could only audit liquor profits and excise taxes that JobsOhio owes to the state, with all other funds effectively deemed private. JobsOhio was established by Kasich and Republican legislators in 2011 to replace the Ohio Department of Development. The agency's liquor profits come from a lease deal with the state to run Ohio's liquor operations. Yost argues the liquor profits are intrinsically public money because the money would be in public hands if JobsOhio wasn't handling operations.But other Republicans, led by Kasich, say opening JobsOhio to full audits would slow down the agency, hindering its ability to quickly react to economic changes and tides. Kasich has often said the private nature of JobsOhio allows it to move at the "speed of business," which he claims fosters stronger economic development in Ohio.Democrats have pushed back against the notion, saying JobsOhio's private nature only makes it more difficult to hold the state government accountable. With the latest bill, Democrats, who have now taken to dubbing the agency "RobsOhio," say their concerns are being vindicated.But the bill could have far-reaching effects beyond JobsOhio that would effectively disallow the state auditor to audit privately funded accounts in any institution that receives public funding.Despite Yost's pleas to involve him in the process, the auditing bill was passed through the Ohio House and Senate in just two days without his input.Democrats were quick to criticize the bill, asking what JobsOhio has to hide.Kasich is expected to sign the bill to make it law.JobsOhio isn't the only privatization scheme pushed by Kasich. He also sold the Lake Erie Correctional Institution, a northeastern Ohio prison, to the Corrections Corporation of America. So far, inmate reports and inspections have largely found deplorable conditions at the Lake Erie facility ("From the Inside," issue of May 29).

Today is primary election day in Ohio, but there are no ballot items in Cincinnati. Some Hamilton County precincts outside the city have ballot issues, which are listed here. Polls will be open between 6:30 a.m. and 7:30 p.m. An amendment snuck into the budget bill approved by the Republican-controlled Ohio House would force universities to decide between providing the proper documentation for voting to out-of-state students or getting extra money from out-of-state tuition rates, prompting concerns from Democrats that Republicans are attempting to limit voting opportunities once again. Republicans spent a bulk of the lead-up to the 2012 election approving measures that limit voting, including a later-repealed set of laws that greatly reduced early voting hours. About 82 percent of all Leadership in Energy and Environmental Design (LEED) certified buildings in Ohio are in Cincinnati, and the reason is likely local tax incentives, which allow Cincinnatians to eliminate property taxes for up to 15 years by retrofitting businesses and homes in an environmentally friendly manner. CityBeat covered Cincinnati’s successes in solar energy here and FirstEnergy’s campaign to weaken Ohio’s energy efficiency standards here. If legislators fail to take up the Medicaid expansion, the issue could appear on the ballot on November 2014. Supporters of the expansion, including Gov. John Kasich, say the expansion will help insure hundreds of thousands of Ohioans and save the state money in the next decade, but Republican legislators say they’re concerned the federal funds backing the expansion will eventually dry up. CityBeat covered the Ohio House budget bill, which effectively rejected the expansion for the time being, here. The Ohio Department of Transportation says 2,230 bridges in the state need repairs, but there’s not enough funding to make it happen. Ohio banks are warning of possible cyberattacks that could happen today. The Ohio Bankers League and the Ohio Credit Union League said the attacks would impact online services but not the security of customers’ bank accounts. The Cincinnati/Northern Kentucky International Airport has the second highest airfares in the nation, according to statistics released by the U.S. Department of Transportation’s Bureau of Transportation Statistics. Cincinnati-based Procter & Gamble was ranked No. 7 in a ranking for top 50 most diverse companies by DiverseInc. Sometimes human brains make people do bad things, such as enjoying high-calorie foods even when the foods aren’t delicious.

State Sen. Eric Kearney, a Cincinnati Democrat, introduced a bill in the Ohio Senate yesterday that would allow opened alcoholic beverages in “entertainment districts,” which must have populations of more than 50,000 within one-half mile by one-half mile. Kearney said Over-the-Rhine would be an ideal benefactor of the new bill. “Senate Bill 116 will promote tourism and business development across the state,” Kearney said in a statement. “By modifying Ohio’s law, this will provide an opportunity for developments such as the Over-the-Rhine Gateway in Cincinnati and The Flats in Cleveland to create an entertainment experience and attract more customers.” Supporters of the Medicaid expansion say they may attempt to put the issue on the November ballot if the Ohio General Assembly fails to take action by fall. Republicans in the Ohio House and Ohio Senate have so far rejected Gov. John Kasich’s pleas for an expansion, instead moving toward asking the federal government for a Medicaid waiver that would allow the state to make broader reforms. At least 90 percent of the expansion would be funded by the federal government. CityBeat covered the Medicaid expansion and other aspects of the Ohio House budget bill in further detail here. The Greater Cincinnati region and Hamilton County ranked among the worst in the nation in the American Lung Association’s annual “State of the Air” report. The report, which used 2009-2011 U.S. EPA data, found Greater Cincinnati to be No. 10 worst for year-round particle pollution and No. 14 for ozone pollution. Still, the report did find overall improvement around the nation, with Greater Cincinnati making some advances in pollution reduction in the past few decades. A new Ohio law going into effect today will require school coaches to acquire additional concussion awareness training. State Superintendent of Public Instruction Richard Ross says the training will make it easier for coaches to identify symptoms of concussions and get help for students. A University of Cincinnati study found it could be cost-effective to screen at-risk populations for hepatitis C. A vegetarian lifestyle may fit some of CityBeat’s most beautiful employees, but Cincinnati-based Procter & Gamble says pets need a more expansive diet. Not only do they have multiple cultural traditions, but humpback whales also learn new tricks by watching their friends.

A YouTube video posted Sunday suggests that some of the parking plan referendum petition signatures might have been gathered without a legitimate witness, but city and county officials are so far unsure whether the video, which was posted anonymously, will amount to much.Under Ohio law, petitions require signatures from both a supporter, who must reside in Cincinnati in the case of parking petitions, and a witness, who must be an Ohio resident and witness the act of someone signing the petition. The video shows what seems to be parking petitions placed on business counters with limited supervision — potential evidence that some of the parking petitions were signed without a witness present. Tim Burke, chairman of the Hamilton County Democratic Party and Hamilton County Board of Elections, says the Board of Elections is currently looking into what process needs to be followed as a result of the video. Traditionally, Burke says, someone has to file a challenge, which would then be investigated by the board. At that point, the board would rely on subpoenas to get testimony from witnesses to determine whether their petitions were valid. “Under oath, circulators are likely to tell us the truth,” Burke says. “Did you witness all the signatures on that parking petition? If he says no or she says no, ... then none of those signatures are valid.”But Burke says it’s so far unclear whether that process will happen. “The video is interesting, but it doesn’t prove anything,” he says. “Any challenger would have to link each one of those shots in the video to specific petitions that were signed by the circulator of the petition that was on those counters.” Even if someone did bring a challenge, it would require nearly 4,000 invalid signatures to halt the parking plan referendum effort. Yesterday, the Board of Elections announced the referendum effort had gathered 12,446 valid signatures — considerably more than the 8,522 required. “Because they are so far over, there’s going to have to be more evidence by any petitioner that there are problems well beyond those five or six sights shown in the video,” Burke says.Circulators who mishandled the process would not face charges; instead, the signatures would simply be discarded, according to Burke. City Solicitor John Curp says the city’s law department is taking “no side on whether there’s a vote,” and the city administration has not taken action based on the video. Curp says he would like to confirm whether those are parking petitions and if the video is factual in its presentation. “If those were parking petitions, that was certainly troubling,” he says. “I hope this gets worked out in a timely manner.” The parking plan would lease the city’s parking assets to the Greater Cincinnati Port Authority to help balance the city’s operating budget deficits for the next two years and fund development projects around the city, including a downtown grocery store (“Parking Stimulus,” issue of Feb. 27). Opponents say they’re concerned the plan will lead to higher parking rates and extended hours that will hurt the local economy. With 12,466 valid signatures, their referendum effort is expected to culminate in a vote this November. City officials previously warned that without the parking plan the city will have to lay off cops and firefighters. The full video is embedded below: