UPDATE
Ohio Auditor Warns Elmore Over Alleged Recall Advocacy
A Growing Pattern
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Ohio Auditor of State notified Whitehall Council Member Lori Elmore of a complaint alleging she used her position during a June 2, 2026 City Council meeting to advocate against the recall effort targeting three Whitehall elected officials.
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Elmore encouraged residents to vote "Yes Yes Yes" on the June 23, 2026 recall election while speaking from the council dais, despite reported warnings from the City Attorney regarding restrictions on campaign advocacy by public officials during official meetings.
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Elmore, Bivens, and Harcar have repeatedly used their positions on the council dais to advocate for political outcomes rather than conduct the public's business.
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June 16th, Elmore and Harcar ignored the warnings and again campaigned on the Dias.
State Law
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The Auditor cited Ohio Revised Code Section 9.03, which limits the use of public resources and public positions for campaign-related activities involving elections, recalls, levies, or candidates.
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The letter directs that any prohibited activity must cease immediately and encourages Whitehall officials to follow legal guidance regarding advocacy for or against recall efforts.
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The matter has been forwarded for review during the City’s next regular audit, where Auditor of State staff will examine the allegations and any related practices.
Why This Matters
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The warning highlights ongoing concerns about accountability and compliance with Ohio law. We have seen time and time again where the council has gone against the advice of the city attorney.
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The Auditor's letter reinforces a simple principle:
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Public office should not be used to influence an election.
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Taxpayer-funded meetings belong to the public—not political campaigns.
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BIVENS-MAYOR
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Bivens uses his title of Mayor as Influence for a Convicted Rapist - He shows poor ethical judgment, misplaced loyalties and hypocritical stance on Sexual Assault -updated 4/18
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​ "I am the Mayor for the City of Whitehall"
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4/28/25 Bevins sent a letter of support to for Javier Armegua​
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​Praising Armengau as a “genius,” minimizing the gravity of his convictions as "personal tragedy", and stressing personal admiration as being "blown away".
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​Defended a lawyer unanimously disbarred for violent sex crimes against clients
Hypocrisy
Video-Bivens on 4/7/26 announcing Child abuse prevention month
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Report is from 10/15/25 council meeting minutes- Bivens state that domestic violence is a tremendous passion of his.
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Who is Javier Armegua
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Supreme Court of Ohio permanently disbarred Columbus attorney Javier Armengau after his 2014 convictions for rape, kidnapping, gross sexual imposition, and sexual battery involving three female clients.
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Court ruled that even though Armengau claimed he was innocent and argued he should return to practicing law, his criminal convictions had already been upheld on appeal, making them conclusive proof of his misconduct.
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Crimes occurred while he was practicing law and involved abusing clients who sought his legal help. He sexually assaulted a client’s mother in his office, inappropriately touched a female client and exposed himself and the most serious case, he coerced an immigrant client into sexual acts over several years by exploiting her fear of losing immigration status and custody of her daughter.
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Columbus Bar Association filed ethics charges, and after years of delays due to appeals, the Board of Professional Conduct recommended permanent disbarment.
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Court found that his crimes involved force, threats, and coercion, making disbarment appropriate rather than a lesser punishment like suspension. They concluded that his actions showed he lacked the trustworthiness and moral fitness required to practice law. He was permanently disbarred and ordered to pay disciplinary costs.
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Spending of Tax Payers Dollars
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Mayor Bivens appears to be using taxpayer resources to support his campaign against recall—holding more meet-and-greets than in previous years, sending unnecessary brochures to residents’ homes, and using council meetings as a platform for political campaigning instead of focusing on city business. This as a misuse of public funds and city resources for personal political protection rather than serving the people of Whitehall.
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Expensive Development Projects Over Basic Neighborhood Needs
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Focus is placed on redevelopment, apartment growth, and large capital projects while issues like: fixing streets, reducing too many rental properties, helping seniors with rising property taxes, home repair assistance, neighborhood upkeep are not being addressed fast enough.
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The city’s 2025 budget emphasizes infrastructure investment, strategic plan projects, and capital spending funded through bonds, federal/state funds, and utility surcharges, while transfers to capital accounts were delayed to protect cash flow.
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Bonding and Long-Term Debt using bonds and borrowed money for projects creates long-term obligations for taxpayers. Even if projects are presented as investments, future residents will carry the financial burden. Mayor Bivens stated that recent bond sales would help fund infrastructure improvements and that the city planned to delay some transfers if revenues underperformed.
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Utility Surcharges and Added Costs The administration highlighted use of a new water and sewer utility surcharge to support improvements. Critics often view added utility costs as another form of taxpayer burden, especially when residents are already concerned about affordability.
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UNOPPOSED ELECTION
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Withdrawal of Competition: Van Gregg, the city’s Public Safety Director at the time, was expected to run but dropped out of the race. Critics and community members later alleged a "deal" was made between the two, as Gregg was subsequently reappointed to his position after Bivens took office.
Bivens election
Despite running unopposed, Bivens faced a significant "undervote," where approximately 1,086 voters (nearly 28% of those who cast ballots in that election) chose to leave the mayoral line blank rather than vote for him. This lingering dissatisfaction contributed to the recall efforts launched against him in early 2026
Ohio Supreme Court Reprimands Bivens
In 2021, the Supreme Court of Ohio formally sanctioned and reprimanded Michael Bivens for actions he took while serving as Whitehall City Attorney during the controversial Enclave on Main housing development dispute.
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What the Ohio Supreme Court Found
1. Illegal Refusal to Certify a Referendum Petition
Whitehall residents gathered signatures for a referendum petition to challenge city legislation granting tax incentives for the Enclave development.
Under Ohio law, once a petition is determined to be valid, city officials must certify the measure so voters can decide the issue at the ballot box.
The Court ruled that:
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Bivens and the Whitehall City Council refused to certify a valid referendum petition
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This action blocked residents from exercising their constitutional right to vote on the ordinance
2. “Bad Faith” Conduct
The Court went further and made a rare and serious finding:
Bivens acted in bad faith.
According to the Court, Bivens advised council to:
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Repeal the ordinance that citizens had petitioned
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Immediately reenact nearly identical legislation
This maneuver reset the referendum clock, effectively invalidating the citizens’ petition even though they had already collected signatures.
The result was that voters were denied the opportunity to decide the issue.
Court decision:
https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2021/2021-Ohio-3134.pdf
Why This Matters
The ordinance at issue authorized major public subsidies for the Enclave on Main development, including:
• Low-Income Housing Tax Credits (LIHTC)
• Financing through the Ohio Housing Finance Agency
• A 15-year, 100% property tax abatement (PILOT) approved by the City of Whitehall
By repealing and reenacting the ordinance, the city ensured the project proceeded with tax breaks without a public vote, despite residents submitting a valid referendum petition.
Why the Issue Resurfaced in 2025–2026
The Supreme Court’s finding became highly relevant again when residents attempted to use the same referendum process to challenge the Fairway Cliffs development.
Citizens cited the Enclave case as evidence that city leaders had previously used procedural tactics to prevent voters from deciding major development subsidies.
For many residents, the Enclave decision raised a fundamental question:
Should elected officials protect the public’s right to vote on major public subsidies — or find ways around it?
LEADERSHIP ACTIONS
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COUNCIL MEETINGS
Whitehall City Council meetings have turned into an unprofessional environment that hinders effective governance. The meetings have become unwelcoming; citizens feel their voices are ignored or dismissed as merely nostalgic and resistant to change.
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Verbal Outbursts and Arguments:
Tensions frequently flare during the "Poll Public" and closing remark sessions. Residents have described Councilmember Lori Elmore as "looking like a bully" due to repeated "outbursts" and heated exchanges with both colleagues and citizens. She has been criticized for using insulting language toward fellow council members and the public, including referring to members of the audience as the “peanut gallery", and remarks have become so contentious that people chose to leave the meetings.​​​​​​​​​
​​​​Nicodemus not putting up with Elmore's behavior​
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Elmore being condescending to citizens.
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Elmore telling a resident "You can leave" and insulting her
Name calling and accusations:
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Mayor Bivens calls Councilmember Morrison a liar when questioned about missing TIF payments owed to schools, despite Morrison having raised the issue months earlier.​
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​​​​​​​​Morrison asking for information about TIFs on 4/15/25
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​Bivens calling Morrison a liar even though he had asked earlier in the year!
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When questioned about council members being blocked from emailing the Fraternal Order of Police (FOP 9), the mayor downplayed the situation—claiming there were never real restrictions and that any issues were minor and already fixed.
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However, this directly conflicted with statements from both a councilmember and the city attorney, who said they had in fact been blocked.
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Instead of clarifying the discrepancy, the mayor:
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Refused to authorize an IT report, declined any further investigation, Declared there would be “no follow-up”.
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The mayor’s response came across as dismissive and unwilling to provide transparency, especially when faced with conflicting accounts from his own officials.​​​​​​​​​​​​​​​​
​​​​​​​Laser focused on Bivens, Harcar and Elmore's Agenda
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City leadership has become narrowly focused on its own agenda, often overlooking concerns raised by residents. Community issues ignored include the high number of rental properties, road maintenance and repairs, incomplete development projects, concerns about overdevelopment and school capacity, rising property taxes—particularly impacting seniors—and the need for increased assistance for home repairs. Many residents also express a desire for broader public input in shaping Whitehall’s future, rather than decisions driven by what they view as a top-down approach.
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Opponents further point to the creation of a political brand, “Team Forward Together,” associated with Mayor Michael Bivens and aligned council members Lori Elmore and Amy Harcar, as evidence of growing political division within city government. They argue this alignment reinforces a perception of centralized decision-making and limits inclusive representation of all citizen voices in policy discussions.
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