Joseph Migliorini is a Mayoral candidate for the City of Macedonia. In 1996, Fred Zuch, Summit County Assistant Prosecuting Attorney and Chief Counsel of the Criminal Division forwarded information concerning Mr. Migliorini to David Freel, Director of the Ohio Ethics Commission to see if an investigation was warranted.
The information that Assistant Prosecuting Attorney Zuch forwarded to Director Freel contained allegations of theft in office, unlawful interest in a public contract, and improper compensation. All the allegations arose from Mr. Migliorini’s development of Parkview Estates while he was Mayor of the City Macedonia.
In 1994 a group of concerned citizens from the City of Macedonia gathered information regarding Mayor Joseph Migliorini and his involvement in getting the Parkview Estates subdivision approved. Akron attorney Richard Dobbins, who represented the anonymous residents, turned the information gathered by his clients to Summit County Assistant Prosecuting Attorney Fred Zuch.
The concerned citizens alleged that their records showed then City Engineer Fred Tufts approved various steps of development of Parkview Estates without the required bonds or deposits. The concerned citizens further alleged that Mr. Migliorini “strong armed” Mr. Tufts into approving various steps of the development without requiring Mr. Migliorini to post fees for each lot as is required by City ordinance.
The concerned citizens also questioned Rosalie Koren’s relationship with Joseph Migliorini. Ms. Koren, at the time a member of City Council, signed various documents as Mayor Pro Tempore regarding the development of Parkview Estates including the approval of the final Parkview Estates plat map approved by the City Planning Commission on March 28. 1994. The concerned citizens alleged that the City calendar showed the City Planning Commission never met on March 28, 1994.
Lastly, the concerned citizens questioned the involvement of City’s law director Joseph Diemert, Jr. The concerned citizens alleged Mr. Diemert had prepared or participated in the preparation of many documents on behalf of the City that led to the approval of the Parkview Estates subdivision.
The concerned citizens alleged that Mr. Diemert was very close to Joseph Migliorini. They feared that Mr. Diemert was covering up Mr. Migliorini’s criminal activity.
The concerned citizens also asked the Ohio Ethics Commission to question Josephine Arceci, Anna Hejduk, Ken Martin, Ed Morris and others regarding the development of Parkview Estates.
The Ohio Ethics Commission began investigating Migliorini in 1996 after the Summit County Assistant Prosecuting Attorney Fred Zuch filed a complaint alleging that Mr. Migliorini used his position as mayor and director of the City’s Planning Commission to financially benefit from the development of the Parkview Estates subdivision.
In 2000, Ethics Commission Director David Freel forwarded the Commission’s findings to Summit County Prosecutor Sherri Bevan Walsh. Mr. Freel could not comment on the investigation, but added he does not send the results of an investigation to prosecutors unless he finds probable cause that a law has been violated.
The Ohio Ethics Commission findings were turned over to Summit County Prosecutor Sherri Bevan Walsh, who declined to investigate the matter citing a conflict of interest. Ms. Walsh disclosed that Migliorini had contributed to her election campaign and that she did not feel comfortable prosecuting an elected Summit County official. Instead, she forwarded the case to Cuyahoga County Prosecutor Anthony Mason.
Assistant Cuyahoga County Prosecutor Tim Miller investigated the matter and concluded Macedonia’s former Mayor should have disclosed his financial interest in property that was developed into a subdivision. However, Mr. Miller concluded that it was more a lapse in judgment than criminal intent.
When ask for comments, Mr. Migliorini referred comments to his lawyer, Joseph Diemert. Diemert said that Mr. Migliorini held the mortgage on the property and that the percentage of profits from lot sales was to pay him what was owed on the purchase. Diemert added, Migliorini had not voted on anything related to the development. – C. Vance.