Michael Skindell files Open Meetings Act Lawsuit against Lakewood City Council

[Michael Deneen]

PRESS RELEASE
FOR IMMEDIATE RELEASE - August 18, 2015
Contact: Michael J. Skindell

Michael Skindell files Open Meetings Act
Lawsuit against Lakewood City Council - Seeks
to invalidate decision to close Lakewood Hospital

LAKEWOOD, OH — Friday, December 18, 2015 - Michael J. Skindell today announced that he has filed action in the Cuyahoga County Court of Common Pleas (MICHAEL J. SKINDELL v. MARY LOUISE MADIGAN, ET AL., Civil Case Number CV-15-855961) alleging that Lakewood City Council violated Ohio's Open Meeting Act when the council held multiple closed meetings to deliberate and draft an agreement to close Lakewood Hospital. Skindell is currently the State Senator representing Lakewood in the Ohio Legislature.

The Open Meetings Act requires that all public bodies take official action and conduct all deliberations only in open meetings where the public can attend and observe. R.C. § 121.22(A). The law allows a public body to hold an "executive session", i.e., closed meeting of certain matters including purchase of property or sale of property in some competitive bidding situations. R.C. § 121.22(G) and (J). Official action by a public body which violates the provision of the Open Meeting Act is invalid. R.C. § 121.22(H).

In the action alleging that city council violated the law, Michael Skindell cites to the fact that the reasons noticed for the executive sessions ("[g]eneral conversation about the Letter of Intent submitted to Council by the Lakewood Hospital Association (LHA), the Lakewood Hospital Foundation (LHF), and Cleveland Clinic (referred 1/20/15), including the potential purchase of property; the sale of real or personal property by competitive bid if disclosure of the information would result in a competitive advantage to the person whose personal, private interest is adverse to the general public interest; and/or pending litigation.") were not proper topics for the closed meetings. In addition matters discussed were beyond the reasons in the notice. Skindell points out that although there were reasons noticed for the closed session such as purchase of property by the city and sale of property by competitive bid, there was no purchase of property or sale of property by competitive bidding as part of the agreement.

Michael Skindell stated: "During my eighteen years in public office I have always advocated for transparency and accountability in government. This action against Lakewood City Council is to correct, in what I perceive, an abuse of the public trust. Citizens have a right to know what their government is up to and how they reached their decisions. It is my belief that Lakewood City Council violated the law in reaching their agreement involving the closing of Lakewood Hospital. I have a responsibility to the people to ensure that government is open and accountable to the public."

Judge Stuart Friedman has scheduled a hearing for Monday, December 21, 2015, to consider a Skindell's motion for a preliminary injunction.

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[m buckley]

I'm proud of Senator Skindell for standing up for Lakewood's best interests. I'm proud of his willingness to speak truth to entrenched power.

In contrast, does anyone know if l Mr. Summers has agreed yet to be deposed? - to finally tell all of us what he knew and when he knew it? Personally, I'm overwhelmed with civic pride whenever I think of Mr. Summers behaving like a cornered weasel scurrying this way and that, whatever way necessary so long as he doesn't have to tell the truth under oath. His conduct should be a case study in Lakewood High School civics courses.

[cameron karslake]

The mayor will be told when he is to be deposed I believe. The time for agreeing about when is over. The motion for stay of discovery has been denied by Judge O'Donnell at the pre-trial conference recently. The plaintiffs have already made concessions to Summers by "agreeing" to not depose him before the election. Of course, after that passed and another date was set, he refused to show up citing "undue burden and expense" for the city of Lakewood to have the mayor away for 1 day. Mike Dewine had sent up an assistant attorney general to be present when the mayor was to be deposed. I imagine that when Summers never showed, it sent a message down to Columbus about this deal...at least one hopes it did.

It's time to stop being the "nice guys". You know what they say about "nice guys".

[Lori Allen _]

I still believe that there is some county government involvement with this hospital deal.

[Bridget Conant]

County involvement? Can you say PO 14?

[Brian Essi]

I'm proud of Senator Skindell for standing up for Lakewood's best interests. I'm proud of his willingness to speak truth to entrenched power.

In contrast, does anyone know if l Mr. Summers has agreed yet to be deposed? - to finally tell all of us what he knew and when he knew it? Personally, I'm overwhelmed with civic pride whenever I think of Mr. Summers behaving like a cornered weasel scurrying this way and that, whatever way necessary so long as he doesn't have to tell the truth under oath. His conduct should be a case study in Lakewood High School civics courses.

It is a remarkable contrast between these two men.

Courage v. Cowardice

Honesty v Deceit

Straightforward v. Conniving

[Jim O'Bryan]

This lost today in court.

More information to follow.

.

[Bridget Conant]

Why do you call it a loss? They were not able to persuade the judge to issue a restraining order blocking tonight's vote. I'm not in the least surprised. Judges are loathe to get involved in local political issues and they also are not quick to issue restraining orders. I'm sure they figured let the vote go ahead and sort it out later.

The lawsuit is proceeding. The wheels of justice turn very slowly. There are two lawsuit, an OAG complaint, and an FTC complaint. Sooner or later, an investigation will sort it all out.

The Clinic knows full well how this works and that once the hospital is dismantled, no court will order it reopened. That's why they and Council are working overtime to push the deal through and close the place by Jan 31. If they have to pay damages, it's a risk they're willing to take, and apparently preferable to keeping the hospital open

I expect one day in the future, there will be an accounting and a reckoning for our "leaders" and all the players in this dirty deal. Patience, but the day will come.

[Bridget Conant]

Jay Carson filed an Amicus Brief on behalf of Build Lakewood stating that they handed out 500 yard signs and have a Facebook page, which he apparently thinks prove that Lakewoodites WANT the hospital to close.

Read it here:

http://cpdocket.cp.cuyahogacounty.us/i_ ... txoHheHf41

[Ryan Salo]

Read it here:

http://cpdocket.cp.cuyahogacounty.us/i_ ... txoHheHf41

Thank you for sharing this. Next years race for State Rep should be interesting with Jay running....

[Lori Allen _]

Hi Ryan,

It looks like Carson withdrew his campaign, according to the latest candidate list put out by the BOE. See: http://boe.cuyahogacounty.us/pdf_boe/en ... teList.pdf

Seems somewhat odd that he was only signed up for a few days before dropping out.

[Bridget Conant]

image.jpg (163.34 KiB) Viewed 3059 times

I guess it's a case of dueling yard signs and Facebook members. If so, Save Lakewood Hospital wins.