Ohio Chief Justice Thomas Moyer's scam asking Ohio's Legislature to award him a $500 Monthly ($6,000 a year) Car Allowance

Notice:  If you are angry or upset about this matter contact your House member by going to the Internet and logging on at www.house.state.oh.us/jsps/Representatives.jsp and for your Senator go to www.senate.state.oh.us/senators/.   LET THEM KNOW HOW YOU FEEL ABOUT CHIEF JUSTICE MOYER'S ATTEMPT TO ENRICH HIMSELF AT YOUR EXPENSE!

Several months ago, Chief Justice Moyer asked Governor Bob Taft to enter an executive order awarding him and the other justices' $500 a month for a car allowance under the guise that the State would save about $25,000 a year if Moyer, et al. turned in their luxury state owned vehicles. 

Subsequently, I sent Gov. Taft a letter advising him that I did not believe he had the legal authority to so act and further advised him of the rampant tax evasion and fraud involving Moyer.

The following is a copy of a letter I faxed to the below named Senators and House members on September 15, 2005:

To:  Senators Bill Harris (sd19@maild.sen.state.oh.us) , CJ Prentiss (eakpofur@maild.sen.state.oh.us) , Marc Dann (dann32@maild.sen.state.oh.us) and House members Jon Husted (district37@ohr.state.oh.us) and Chris Redfern (district80@ohr.state.oh.us)

Re:    House Bill 66 and Chief Justice Moyer's demand for $6,000 a year car allowance

Dear Rep. Jon Husted:

House Bill 66 at paragraph (F) states, "In addition to the salaries payable pursuant to this section, the chief justice of the supreme court and the justices of the supreme court shall be entitled to a vehicle allowance of five hundred dollars per month, payable from the state treasury.  The allowance shall be increased on the first day of each odd numbered year by an amount equal to the percentage increase, if any, in the consumer price index for the immediately preceding twenty-four month period for which information is available."

It is obvious that Chief Justice Moyer lobbied for this uncalled for and unjustified "salary increase."  As I suspect you know, Art. IV, Sec. 6 of the Ohio Const. prohibits a judge (justice) from receiving any perquisite in excess of a legislatively set salary.  It is obvious from the language in House Bill 66 that, a vehicle allowance has lawfully been construed as a "salary increase."

I am unaware of any statutory/constitutional authority allowing  the Ohio Legislature to pass a Bill that is in direct conflict with the Ohio Constitution.  I anxiously await any citation to the contrary. 

It should be noted that beginning inn 1993, 2003 and 2004, Chief Justice Moyer and the other justices passed so-called Resolutions awarding themselves "salary increases" by providing themselves with luxury cars of their choosing at taxpayer expense.    In fact, the last purchase was in June 2004, when ex-Justice Francis Sweeney was allowed to purchase a $40,000.00 fully-loaded Buick Park Avenue Ultra even though his term of office ended on Dec. 31, 2004.

Last week I lodged a complaint with Auditor Betty Montgomery about the continued underreporting of income Moyer, et al earned as to their personal use of state cars and fuel.  I invite you to review the letter and attached summary to Ms. Montgomery on my website at www.noethics.net under Ohio Reporter.  I would also invite you to revisit my website next week to review an additional complaint I will be filing with Betty Montgomery that will set forth evidence of fraud, abuse, felonious thefts-in-office and/or criminal misdemeanors for receiving improper compensation, all of which relates to Chief Justice Moyer's conduct in awarding himself and the other justices luxury cars on the taxpayer's dime.

It is painfully clear that about 95% or more of the use of state cars by the justices since 1993 was for "personal use" including commuting.  However, they saw fit to knowingly underreport said personal use  and went as far as intentionally violating IRS Rules for reporting said income on their annual W-2's. 

Despite my repeated public record requests to the Court that it provide the specific amounts of income each justice earned and reported for personal use of state cars and fuel from 1993 through 2003, the Court has refused to so act.  The Court has in effect said that the citizens of Ohio do not have a right to know what they paid the justices nor what they reported as income.  This is of course absurd and I trust you agree.  As the people's representative, don't you want to know?

Nothing in House Bill 66 dictates that the justices' provide "legitimate and detailed" mileage logs to OBM differentiating personal vs. official use of their cars to support receipt of a $500 a month car allowance, which is required by IRS Rules. 

Chief Justice Moyer lives 3.0 miles from the Court.  How does he justify ordering a $38,000 luxury Park Avenue Ultra (with pin stripes, etc.) to commute to work?  And what about Moyer approving a $40,000 purchase of a Park Avenue Ultra for ex-Justice Sweeney in June 2004 when he knew his term ended on Dec. 31, 2004?

Every state worker earning less than $40,000 a year pays his/her own commuting costs to work.  What about taxpayers/voters earning less than $20,000 a year?  Moyer earns $140,000 a year and has the chutzpah to demand that he receive $6,000 a year to commute 6 miles each day to work.  What a joke!

The evidence I provided to Betty Montgomery clearly shows that over the past several years that, by judicial fiat and contrary to the Ohio Const., Moyer unlawfully passed Resolutions increasing his annual salary by $10,000 or more.  There's no dispute that income from personal use was an illegal "salary increase."  That undeniable fact is confirmed by the language in House Bill 66, which I'm confident was drafted and/or reviewed prior to submission into the budget by Moyer and/or one of his lackeys.  If it wasn't a "salary increase" from 1993 to September 2005, then why is it defined as such in House Bill 66?

To assure that all Ohio voters and taxpayers are aware of this matter, I will be posting this letter on my website.  In addition, I will post your response and/or inform Ohioans if you refuse to respond.

I trust that you will vote against this unjustified and unnecessary bilking of Ohioans by Chief Justice Moyer and the other justices.  I eagerly await your response.

Lastly, I would like to be given the opportunity to testify before on behalf of the overtaxed voters/citizens of Ohio before the House and/or Senate in opposition to Moyer's request.  Please advise me when hearings will be held.

Sincerely, David Palmer - The Watchdog

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