Mayor/Bullock/Butler Guilty of Records Laws Violations-Prt 2

[Brian Essi]

Starting on May 19, 2015, I sought information provided to Summers, Madigan and Bullock as our City's ex-officio Trustees on LHA's Board. Despite Summers' false characterization of LHA as a private corporation, LHA is a public charity and its Lease and possession of City property and money were created by ordinance and mentioned in the City charter.

Accordingly, LHA is subject to public record laws and certainly our elected leaders sitting on LHA's Board based upon their positions as elected leaders are subject to public records.

So to keep the public from the full disclosure of hospital operations in violation of the Lease and in clear violation public records laws, Butler, Summers, Madigan and Bullock have colluded and stonewalled with LHA in keeping critical the public and the rest of City Council.

They have fabricated a claim of "trade secrets" to hide the basic information concerning the hospital from the public.

Here is the very lengthy "cat and mouse" email chain of how Summers et al are making a mockery of the public records laws:


From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: "'bjessi@sbcglobal.net'" <bjessi@sbcglobal.net>
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>; Jeffrey R. Huntsberger <jhuntsberger@mcdonaldhopkins.com>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>
Sent: Monday, August 10, 2015 8:25 PM
Subject: RE: May 13, 2015 LHA Documents--Joseph Gibbons

Mr. Essi,

In response to the third of your requests below, please see attached.

We’re looking into whether we have any documents responsive to your first and second requests below and will respond.



Best wishes,

Kevin M. Butler, Director of Law

City of Lakewood | Law Department

(216) 529-6034

kevin.butler@lakewoodoh.net

From: bjessi@sbcglobal.net [mailto:bjessi@sbcglobal.net]
Sent: Friday, August 07, 2015 10:39 PM
To: Butler, Kevin
Cc: Petrus, Jeannine; Jeffrey R. Huntsberger; Madigan, Mary; Bullock, Tom; Summers, Mike; Hagan, Mary; Anderson, David; O'Leary, Sam; Marx, Cynthia; Juris, Shawn; Nowlin, Ryan
Subject: Re: May 13, 2015 LHA Documents--Joseph Gibbons

Hi Kevin

Thanks for your response. I'm sorry that I failed to attach what I referred to below. You and Council already have the Attorney General guidelines from another email I sent to trustees earlier this week--it is clear from the guidelines that trustees must maintain their own records and it seems that our 3 ex officio trustees are not doing that since they have no notes or files to produce.

The other document was from the July/August issue of the Ohio Lawyer. Due to limited access to my files I won't be able to send it to you until I return from vacation--I am operating on my cell phone only.

Please recall that the Lease requires "full disclosure of hospital operations". Since you persist in using "trade secrets" as a reason to delay producing public records from a public charity whose assets are owned by the City, please treat this as and additional public record request for:

1. All records signed by Mike Summers, Mary Louise Madigan and/or Tom Bullock wherein they agreed to keep any information or trade secrets of LHA (or CCF) private. As you know "trade secrets" are only secrets if efforts are made to keep them secret---so if you can't produce an agreement to keep things secret, then there can be no trade secrets involved.

2. Any records or documents signed or agreed to by any of said three officials as trustees of LHA including but not limited to a CCF Code of Conduct or similar document signed by them or any of them.

3. The 2nd Quarter LHA financial statements for the period ended June 30, 2015. As a citizen of Lakewood I am very disappointed that 2 of 7 Councilmembers receive these, and Ken Haber sends them to the City each quarter but they are not immediately made available to all Councilmembers and the public via the website. Can this practice be corrected henceforth?

Sincerely


Brian

From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' <bjessi@sbcglobal.net>; "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>; Jeffrey R. Huntsberger <jhuntsberger@mcdonaldhopkins.com>
Cc: "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>
Sent: Wednesday, August 5, 2015 3:09 PM
Subject: RE: May 13, 2015 LHA Documents--Joseph Gibbons

Mr. Essi,

I’ve made my position clear. The city is not in a position to release records that are another entity’s trade secrets, even if they are public records. LHA must be able to weigh in on the nature of these requested records and has notified me of its intention to do so. Like you, I hope for clarity on LHA’s position soon. Mr. Huntsberger is copied.


I didn’t receive a copy of what you claim to have attached but I do not share your view that the city, under these circumstances, has violated any relevant law. I’m happy to hear you have no interest in any litigation; neither do we.


Best wishes,

Kevin M. Butler, Director of Law

City of Lakewood | Law Department

(216) 529-6034

From: Brian Essi [mailto:bjessi@sbcglobal.net]
Sent: Wednesday, August 05, 2015 11:02 AM
To: Butler, Kevin; Petrus, Jeannine; Jeffrey R. Huntsberger
Cc: Madigan, Mary; Bullock, Tom; Summers, Mike; Hagan, Mary; Anderson, David; O'Leary, Sam; Marx, Cynthia; Juris, Shawn; Nowlin, Ryan
Subject: Re: May 13, 2015 LHA Documents--Joseph Gibbons

Dear Kevin & Jeff,

I never heard from Jeff and never received any documents responsive to my May request below. I understand that Mr. Gable, who is in a huge conflict, likely controls Jeff and his law firm's limited engagement, so I do not fault Jeff on his failure to respond. He does not represent the City.

Kevin, your responses and failures to respond are another matter---you actually document violations of law by the City and likely by the ex-officio trustees themselves.

I attach for your review, the Ohio Attorney General Guidelines for nonprofit leaders as well as recent article from the Ohio Lawyer outlining recent Ohio Supreme Court rulings on the Ohio Public Records Act.

Please note that I have no interest in any litigation. However, the fact that the ex-officio trustees claim to maintain no records given to them by LHA and have no notes of their own used to fulfill their fiduciary duties could be used against them in any potential claims concerning compliance with fiduciary standards set forth by the Attorney General.

I demand that the requested records be produced according to law---we can quibble about what you chose to redact later if need be.

Sincerely,

Brian J. Essi


From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' <bjessi@sbcglobal.net>; "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Cc: "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Monday, July 13, 2015 12:40 PM
Subject: RE: May 13, 2015 LHA Documents--Joseph Gibbons

Mr. Essi, as with requests for other records created by Lakewood Hospital Association, which is a non-profit corporation not controlled by the city, I’ve forwarded your request to LHA’s attorney, Jeffrey Huntsberger, for a response. Mr. Huntsberger wrote that LHA does not believe LHA board materials are records kept by a public office, and that the 2015 board records contain LHA’s confidential information that places them under the trade-secret exception to the Ohio public records act. Whether we agree or not as to the public nature of these records, the city cannot unilaterally override the trade-secrets exception invoked by a private third party when that third party has generated the records in question.

Mr. Huntsberger indicated that LHA is, however, conducting a review of the 2015 board materials before releasing certain of the information after redaction. I will attempt to arrive at a timeline for the release of this information, but as yet I do not have one.

This response is consistent with our response to other requests for LHA-generated records we’ve received since January 2015. For instance, you’ll find other LHA records linked from the city’s wellness web page (http://www.onelakewood.com/community-vi ... /hospital/), redacted of apparently confidential trade-secret information and then released by LHA.

We have no notes or recordings made by public officials related to these records.

Best wishes,

Kevin M. Butler, Director of Law


City of Lakewood | Law Department

(216) 529-6034

kevin.butler@lakewoodoh.net

From: Brian Essi [mailto:bjessi@sbcglobal.net]
Sent: Thursday, July 09, 2015 2:55 PM
To: Butler, Kevin; Petrus, Jeannine
Cc: Madigan, Mary; Bullock, Tom; Summers, Mike; Hagan, Mary; Anderson, David; O'Leary, Sam; Marx, Cynthia; Juris, Shawn; Nowlin, Ryan
Subject: May 13, 2015 LHA Documents--Joseph Gibbons

Dear Director Butler,

I am following up on request # 4. of my records request of May 19, 2015 (several emails below) that has not been complied with to date:

"4. A copy of the materials and handouts provided by LHA to Mike Summers, Mary Louise Madigan and Thomas Bullock in their ex-officio capacities at any and all LHA trustee meetings held in 2015, including but not limited to any and all notes or recordings made by said ex-officio members. Kindly note that on May 13, 2015, at a meeting of LHA trustees each trustee had in their possession or were provided bound materials and other materials that included, but were not limited to financial information and other writings that included charts, graphs, depictions etc. and also included or referred to an ethics opinion or other writing relating to Joseph Gibbons and/or his resignation as a trustee. This request includes any and all information in the possession of the City of Lakewood any public official relating to the resignation of Joseph Gibbons as a trustee and any individual considered as a candidate or successor to Mr. Gibbons."

So I reiterate and renew my request once again.

Sincerely,

Brian J. Essi

From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' <bjessi@sbcglobal.net>; "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Cc: Jeffrey R. Huntsberger <jhuntsberger@mcdonaldhopkins.com>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>
Sent: Wednesday, July 1, 2015 2:24 PM
Subject: RE: Metro September 2014 Presentation

Mr. Essi,

Please find attached a redacted version of what I believe is the September 2014 PowerPoint presentation by the MetroHealth System to LHA trustees. This is not the city’s record, but I received it upon request of Michael Phillips, MetroHealth’s chief counsel. The redaction is MetroHealth’s, and according to Mr. Phillips was made to remove MetroHealth’s trade secrets.

Jeannine, please update the log from Mr. Essi’s May 19 request (see his second request). Thanks.

Best wishes,

Kevin M. Butler, Director of Law
City of Lakewood | Law Department

kevin.butler@lakewoodoh.net

From: Brian Essi [mailto:bjessi@sbcglobal.net]
Sent: Thursday, June 18, 2015 1:14 PM
To: Summers, Mike; Butler, Kevin; Madigan, Mary; Bullock, Tom
Cc: Jeffrey R. Huntsberger
Subject: Re: Metro September 2014 Presentation

Dear Elected Leaders,

I have been told that any LHA trustee who attended the September 2014 Metro presentation can ask Tamika Rose at Metro for a hard copy of that presentation and they will deliver it to you.

I think the public has the right to see what Metro presented and I hope that each of you do too.

I look forward to hearing from you in this regard.

Sincerely,

Brian J. Essi


From: "Summers, Mike" <Mike.Summers@lakewoodoh.net>
To: Brian Essi <bjessi@sbcglobal.net>; "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>; Jeffrey R. Huntsberger <jhuntsberger@mcdonaldhopkins.com>
Cc: "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>; Litt <slitt@plaind.com>; Bruce Geiselman <bgeiselman@cleveland.com>; "betsy@lakewoodobserver.com" <betsy@lakewoodobserver.com>
Sent: Wednesday, May 27, 2015 5:12 PM
Subject: RE: Records Request--Metro's Power Point Presentation

Brian,

I do not have the PowerPoint presentation. I did see the September 2014 presentation at Metro Hospital. I have never had either a hard copy or an electronic copy. If I did, I would have made it public. I am totally perplexed as to why Metro hospital does make it available.

Mike Summers

From: Brian Essi [mailto:bjessi@sbcglobal.net]
Sent: Friday, May 22, 2015 7:50 AM
To: Butler, Kevin; Jeffrey R. Huntsberger
Cc: Hagan, Mary; Petrus, Jeannine; Litt; Bruce Geiselman; betsy@lakewoodobserver.com; Summers, Mike
Subject: Re: Records Request--Metro's Power Point Presentation

Dear Kevin & Jeff,

We are involved in a political process where the City and LHA have pledged transparency.

Mayor Summers has access to the power point demonstration and documents by virtue of being Mayor, a trustee and a Step 2 member. Please note the 1986 DeGrandis ethics opinion and those opinions that followed--the Mayor is the Mayor when he sits at the LHA table. Subsidium and Step 2 told trustees that the September, 2014 Metro presentation improved upon the May, 2014 written proposal. Some characterized it as a second proposal.

Please be advised that I am not acting in the capacity as an attorney for anyone. I threatened no legal action and do not have any intent to do so, but I understand that what I know and what I may learn may be viewed by some as a threat by some who seek to hide from the truth. I am acting as a citizen of Lakewood and the United States of America. Despite threats against CCF employees, the trustees and me by CCF attorneys that are tantamount to violation of First Amendment rights, I will pursue and defend truth. Shielding the truth with a perceived legal veil is not becoming of LHA and the City. I know that you both have jobs to do, but both of your clients owe me legal duties.

The public has a right to this information. Release of it is not just legally required, it would be the right thing to do.

I look forward to release of the information.

Sincerely,

Brian J. Essi

"No lie lives forever" MLK, Jr.

From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' <bjessi@sbcglobal.net>
Cc: "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>; Litt <slitt@plaind.com>; Bruce Geiselman <bgeiselman@cleveland.com>; "betsy@lakewoodobserver.com" <betsy@lakewoodobserver.com>
Sent: Thursday, May 21, 2015 7:32 PM
Subject: RE: Records Request--Metro's Power Point Presentation

Brian, I can say affirmatively Mayor Summers does not have whatever document you’re referring to. No one suggests the document doesn’t exist (my understand is that LHA and MetroHealth discussed MetroHealth’s proposal over a period of months, after all), but the city cannot furnish a record it doesn’t have. Sorry.

Kevin M. Butler, Director of Law

City of Lakewood | Law Department

(216) 529-6034
kevin.butler@lakewoodoh.net

From: Brian Essi [mailto:bjessi@sbcglobal.net]
Sent: Thursday, May 21, 2015 6:36 PM
To: Butler, Kevin
Cc: Hagan, Mary; Petrus, Jeannine; Litt; Bruce Geiselman; betsy@lakewoodobserver.com
Subject: Re: Records Request--Metro's Power Point Presentation

Dear Director Butler,

Regarding my original request no. 2 below, I have it on very good information that a paper print out and an electronic version of Metro's "power point" presentation where left with the LHA Step 2 Committee--Mayor Summers was/is a trustee and member of that Committee. Recent Ohio Supreme Court decisions make it clear that such documents are public records.

Thank you in advance or your prompt attention to fulfilling this requests.

Brian J. Essi

From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' <bjessi@sbcglobal.net>
Cc: "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Tuesday, May 19, 2015 11:29 AM
Subject: RE: Records Request--Mayor's Letter to Dr. Boutros

Jeannine, please update the log.

Brian, attached is a document responsive to your Item No. 1.

With respect to Item No. 2, we have no records responsive to that request.

With respect to Item No. 3, please see the attached audited and unaudited statements. I am awaiting the unaudited Q4 2014 statement and will send it when I receive it (to the extent it exists, which I assume is the case).

With respect to Item No. 5, we have not yet received that 2014 annual audited statement.

We are reviewing and working on the others. Mary and Jeannine, I will coordinate with the Mayor, Council President Madigan and Councilman Bullock.


Thanks.

Kevin

Kevin M. Butler, Director of Law

City of Lakewood | Law Department
(216) 529-6034

kevin.butler@lakewoodoh.net

From: Brian Essi [mailto:bjessi@sbcglobal.net]
Sent: Tuesday, May 19, 2015 9:28 AM
To: Hagan, Mary; Butler, Kevin
Cc: Bruce Geiselman; Litt; betsy@lakewoodobserver.com; Jared Denham
Subject: Records Request--Mayor's Letter to Dr. Boutros

Dear Ms. Hagan and Director Butler,

Please acknowledge this email as my formal request pursuant to law for the following documents:

1. A copy Mayor Summer's recent RFP or letter to Dr. Boutros and/or MetroHealth.

2. A copy of the "power point" demonstration and any and all writings, notes, or other recorded material that refer or relate to a presentation or proposal by MetroHealth to Lakewood Hospital Association in or about September, 2014, including but not limited to any and all any and all correspondence before or after said presentation or proposal. Based upon information and belief, Mayor Summers attended said presentation so this request would include any and all notes or writings presented to them or made by them or either of them.

3. Copies of any and all quarterly or other financial reports of any kind or nature, audited or unaudited, for Lakewood Hospital Association for the period January 1, 2014 through the date of this request. On May 13, 2015, at a meeting of LHA trustee, Ken Haber indicated that said quarterly reports had been sent to the City of Lakewood.

4. A copy of the materials and handouts provided by LHA to Mike Summers, Mary Louise Madigan and Thomas Bullock in their ex-officio capacities at any and all LHA trustee meetings held in 2015, including but not limited to any and all notes or recordings made by said ex-officio members. Kindly note that on May 13, 2015, at a meeting of LHA trustees each trustee had in their possession or were provided bound materials and other materials that included, but were not limited to financial information and other writings that included charts, graphs, depictions etc. and also included or referred to an ethics opinion or other writing relating to Joseph Gibbons and/or his resignation as a trustee. This request includes any and all information in the possession of the City of Lakewood any public official relating to the resignation of Joseph Gibbons as a trustee and any individual considered as a candidate or successor to Mr. Gibbons.

5. A copy of the audited financial statements for LHA for 2014.

6. Any and all records, documents, writings and notes referring or relating to all correspondence and communications between or among Mayor Summers and elected representatives of Rocky River, Fairview Park, the City of Cleveland and any and all Lakewood Hospital Service Area paramedic, EMS or emergency response providers that refer or relate to the transportation of patients or failure to transport potential patients to Lakewood Hospital, Fairview Hospital, Lutheran Hospital or any other local are hospital from January 15, 2015 until the time of your response to this request.

For purposes of this request, the terms "records", "documents", "writings" and "materials" shall mean those terms in the broadest sense possible and shall include but not be limited to emails and other electronic items whether or not on pivate email accounts or public.

I understand that some of these requests may be easier to fulfill than others so I respectfully request that you provide me with subsets of the records as and when you obtain them.

Kindly call with any questions or concerns that you may have.

Sincerely,

Brian J. Essi

[Brian Essi]

Four months and counting---they are "still looking"

The violations of law keep adding up.