Defendant O'Leary's Last Chance to Correct $42M Lie in False Affidavit Submitted to Court

[Brian Essi]

Here is another public records request to Mr. O'Leary, et al.

From: Brian Essi <bjessi@sbcglobal.net>
Subject: Records Request Re: Payment toward $42,220,833.34 Claimed Due Lakewood.
Date: October 7, 2019 at 8:28:15 AM EDT
To: Sam O'Leary <sam.oleary@lakewoodoh.net>, Kevin Butler <Kevin.Butler@lakewoodoh.net>
Cc: David Anderson <david.anderson@lakewoodoh.net>, Tom Bullock <tom.bullock@lakewoodoh.net>, John Litten <john.litten@lakewoodoh.net>, "Daniel.OMalley@lakewoodoh.net" <Daniel.OMalley@Lakewoodoh.net>, meghan.George@lakewoodoh.net, tristan.rader@lakewoodoh.net

Dear Mr. O’Leary,

This communication serves as a public records request. Please provide the records responsive to each request to bjessi@sbcglobal.net in an electronic medium (i.e. WORD, PDF, XLS, etc.) and at no cost.

I have attached the Affidavit of Jennifer Pae dated October 13, 2016 and notarized by Kevin Butler as the same was filed in court on your behalf as a Defendent.

PRR SO-8 Please provide each public record of a payment made by CCF (i.e. the Cleveland Clinic Foundation) towards the $42,220,833.34 amount referenced in paragraph 11of the attached affidavit filed on your behalf as a Defendant in the lawsuit referenced in said affidavit.

PRR SO-9 Please provide each public record of a payment made by LHA (i.e. the Lakewood Hospital Foundation) towards the $42,220,833.34 amount referenced in paragraph 11 of the attached affidavit filed on your behalf as a Defendant in the lawsuit referenced in said affidavit.

PRR SO-10 Please provide each public record of any effort by Samuel T O’Leary as Council President or Ward 2 Councilman to attempt on behalf of the City of Lakewood to collect any portion of the $42,220,833.34 amount referenced in paragraph 11 of the attached affidavit filed on your behalf as a Defendant in the lawsuit referenced in said affidavit.

Please note that I have also addressed this to Law Director Butler so as to expedite this matter of the utmost concern to Lakewood voters.

Sincerely


Brian J. Essi
216 346 3434
Ward 2 Lakewood Resident

[Brian Essi]

Here is the False Affidavit Mr. O'Leary submitted in Court to defend his public behavoir:

Pae October 13 2016 Affidavit.pdf

(766.76 KiB) Downloaded 312 times

[Bill Call]

$42 million seems like a lot of money.

Here is the 2018 financial report and the year to date report:

12-31-18-City-of-Lakewood-Month-End-YTD-Financial-Report.pdf

(359.57 KiB) Downloaded 231 times

08-31-19-City-of-Lakewood-Month-End-YTD-Financial-Report.pdf

(1.13 MiB) Downloaded 239 times

I don't see any payments.

Curiously, the County has not updated any of the transfers for the Hospital land.

PP # :31404001

https://myplace.cuyahogacounty.us/

Nice work Mr. Essi.

Take a look at the attached financials. The City is in a precarious financial position. The next Mayor will have her hands full.

The Barry Buick lot sold for a rumored $3 million per acre. The County has not updated those records and has not answered my email. I suppose we might see something after the election.

Anyway, I think that we can assume that the courts will find that lying about the $42 million is no big deal.

[Mark Kindt]

Rife With Material Financial Misrepresentation

The affidavit posted above by Mr. Essi is one of the strongest examples of why Lakewood needs serious reform in its process of governance.

This is an official sworn statement by a public official notarized by the City Law Director that is objectively false in much of its content.

When I have a moment, I will post links to my analysis that explains why it is objectively false.

As an attorney, I litigate all over the United States.

This is one of the most outrageous filings that I have ever professionally seen across my 40 year career as a lawyer.

[Bill Call]

Rife With Material Financial Misrepresentation

The affidavit posted above by Mr. Essi is one of the strongest examples of why Lakewood needs serious reform in its process of governance.

This is an official sworn statement by a public official notarized by the City Law Director that is objectively false in much of its content.

When I have a moment, I will post links to my analysis that explains why it is objectively false.

As an attorney, I litigate all over the United States.

This is one of the most outrageous filings that I have ever professionally seen across my 40 year career as a lawyer.

I am sure that many citizens and some candidates think that the time for correcting the record, getting answers and demanding accountability is past. Well, it's never to late for honest government and it's never too late to demand some accountability.

Will any candidate for Council get on the Deck and ask the simple question: Where is the $42 million?

[Brian Essi]

The initial response:
From: Kevin Butler <Kevin.Butler@lakewoodoh.net>
Subject: Re: Records Request Re: Payment toward $42,220,833.34 Claimed Due Lakewood.
Date: October 7, 2019 at 10:53:20 AM EDT
To: Brian Essi <bjessi@sbcglobal.net>, "Sam O'Leary" <Sam.OLeary@lakewoodoh.net>
Cc: David Anderson <David.Anderson@lakewoodoh.net>, Tom Bullock <Tom.Bullock@lakewoodoh.net>, John Litten <John.Litten@lakewoodoh.net>, "Daniel O'Malley" <Daniel.OMalley@lakewoodoh.net>, Meghan George <Meghan.George@lakewoodoh.net>, Tristan Rader <Tristan.Rader@lakewoodoh.net>

We have received this request and will respond within a reasonable period of time. Thank you.

Best wishes,

Kevin Butler

[Mark Kindt]

Rife With Material Financial Misrepresentation

The affidavit posted above by Mr. Essi is one of the strongest examples of why Lakewood needs serious reform in its process of governance.

This is an official sworn statement by a public official notarized by the City Law Director that is objectively false in much of its content.

When I have a moment, I will post links to my analysis that explains why it is objectively false.

As an attorney, I litigate all over the United States.

This is one of the most outrageous filings that I have ever professionally seen across my 40 year career as a lawyer.

Here is the link:

http://lakewoodobserver.com/forum/viewtopic.php?t=24225

Civic Accountability - Honesty In Local Government III

The City likes to "crow" about how its wins it cases, but it couldn't win this one without a false affidavit and spurious testimony.

Beyond this, I won't step-on Mr. Essi's thread here.

[Brian Essi]

Another 3:00 pm and 3:00 am have passed, and Mr. O'Leary has not answered the call.

He appears to have lawyered up and may be relying on Mr. Butler to be his mouthpiece on this matter (again). Not really a good strategy for a candidate running on "transparency" and "honesty."

Meanwhile, Mr. Butler clings to his job at City Hall depending on the election results.

[Brian Essi]

Another 3:00pm has passed---is Mr. O'Leary capable of admitting he is wrong?

[Brian Essi]

Another 3:00 am has passed--we are 80 days from Mr. Butler's appointment as Law Director expiring. Will he come clean on behalf of Mr. O'Leary and admit he was wrong?

[Bill Call]

Then what?

I don't see any evidence the courts will care.

[Dan Alaimo]

Then what?

I don't see any evidence the courts will care.

At least some voters will care.

[Brian Essi]

Another 3:00pm and 3:00 am have passed and another 3:00 pm is approaching.

Perhaps Jenn Pae is still searching the Finance Department files....

[Brian Essi]

Another 3:00pm and 3:00 am have passed and another 3:00 pm is approaching.
Where are our children at City Hall?

[Brian Essi]

Here is another public records request to Mr. O'Leary, et al.

From: Brian Essi <bjessi@sbcglobal.net>
Subject: Records Request Re: Payment toward $42,220,833.34 Claimed Due Lakewood.
Date: October 7, 2019 at 8:28:15 AM EDT
To: Sam O'Leary <sam.oleary@lakewoodoh.net>, Kevin Butler <Kevin.Butler@lakewoodoh.net>
Cc: David Anderson <david.anderson@lakewoodoh.net>, Tom Bullock <tom.bullock@lakewoodoh.net>, John Litten <john.litten@lakewoodoh.net>, "Daniel.OMalley@lakewoodoh.net" <Daniel.OMalley@Lakewoodoh.net>, meghan.George@lakewoodoh.net, tristan.rader@lakewoodoh.net

Dear Mr. O’Leary,

This communication serves as a public records request. Please provide the records responsive to each request to bjessi@sbcglobal.net in an electronic medium (i.e. WORD, PDF, XLS, etc.) and at no cost.

I have attached the Affidavit of Jennifer Pae dated October 13, 2016 and notarized by Kevin Butler as the same was filed in court on your behalf as a Defendent.

PRR SO-8 Please provide each public record of a payment made by CCF (i.e. the Cleveland Clinic Foundation) towards the $42,220,833.34 amount referenced in paragraph 11of the attached affidavit filed on your behalf as a Defendant in the lawsuit referenced in said affidavit.

PRR SO-9 Please provide each public record of a payment made by LHA (i.e. the Lakewood Hospital Foundation) towards the $42,220,833.34 amount referenced in paragraph 11 of the attached affidavit filed on your behalf as a Defendant in the lawsuit referenced in said affidavit.

PRR SO-10 Please provide each public record of any effort by Samuel T O’Leary as Council President or Ward 2 Councilman to attempt on behalf of the City of Lakewood to collect any portion of the $42,220,833.34 amount referenced in paragraph 11 of the attached affidavit filed on your behalf as a Defendant in the lawsuit referenced in said affidavit.

Please note that I have also addressed this to Law Director Butler so as to expedite this matter of the utmost concern to Lakewood voters.

Sincerely


Brian J. Essi
216 346 3434
Ward 2 Lakewood Resident

8 days and still no answers from O'Leary....