The Observation Deck

Posted: **Thu Aug 27, 2015 1:23 pm**

I got some calls yesterday, the Mayor's Lawyer Kevin Butler said I had the whole back and
forth between the Ohio Ethics Commission wrong?

How? I quoted the letters, I gave them all the description needed as supplied by the OEC,
and really wrote very little editorial.

However the ones that lied that the hospital was closing, lied about Metro, lied about the
$120 million development, and lied about the loss of money, claim I was wrong?

Jay, Mike, Kevin put your big boy pants on, cause there is a lot more coming!

What Kevin left out was he hurried that off after Councilwoman Cindy Marx, and Councilman
Sam O'Leary had gotten a response back from the OEC, saying to paraphrase, "We cannot
comment on things currently happening, we can only offer advice on what might happen in
the future. This is why it is so important TO READ THE ENTIRE DOCUMENTS WE POSTED.

Don't listen to me, READ FOR YOURSELF.

So in an effort to show you just how morally bankrupt and conniving they are here is
the letter from Marx/O'Leary to the OEC.
http://media.lakewoodobserver.com/media/docs_1439843925.pdf

The OEC Letter back
http://media.lakewoodobserver.com/media/docs_1440699218.pdf

Read the OEC's answers on the first page to O'Leary and MArx, where they go into detail
about what they can and can't comment on! THEY CANNOT COMMENT ON CURRENT
POSSIBLE ISSUES, they can only be addressed by a complaint. If Kevin and the Mayor
wanted to clear this up, file the complaint, better you than me. PROVE ME A LIAR, just
don't make shit up.

Yes, it was a final straw when council asked the OEC for advice, and Law Director Kevin
Butler was mad at them, according to both for rocking the boat.

SO LET's TRY THIS AGAIN.

80% of the documents received in discovery, (8 of 10) have shown a total disregard for
the facts, their fiduciary responsibility, and other troubling issues.

100% of the questions asked of the OEC have resulted in POSSIBLE ETHICS VIOLATIONS,

That is an amazing record for a legal deal, great for the city.

Let me assure you, the bad stuff is coming.

These people are despicable.*

If they are going to attack the press, at least copy from a pro.

peace out.

.

* I have never voted against Mike Summers in an election. I'm the enemy?

,

Posted: **Thu Aug 27, 2015 2:35 pm**

Just so we are all on the same page, Jim is responding to the following statement from Mayor Mike Summers to his campaign supporters which includes a letter/statement that Kevin M. Butler authored, in his official capacity as "Director of Law, City of Lakewood," on behalf of Team Summers:

Mayor Mike Summers wrote:Dear supporter,

Over recent weeks, we’ve heard and read mistruths about me in the local media and online. I want to make sure you are given correct, factual information. Below is a response made by the city’s law director to an article recently published on the front page of the Lakewood Observer involving my wife Wendy’s service on a local nonprofit board:

Jim O’Bryan’s Observer article “Mayor Summers Receives Advisory Opinions From the Ohio Ethics Commission” (Aug. 18, 2015) is entirely misleading and factually inaccurate.

Here’s the truth:

Mayor Summers wanted to ensure that he avoided any real or even apparent conflicts of interest as discussions around the hospital moved forward. In May 2015, I asked the Ohio Ethics Commission to help the city evaluate any actual or potential ethical conflict between our elected officials and the various boards involved in the Lakewood Hospital situation.

The Commission made no findings of any existing conflicts. The Commission did help us identify a situation that could have given the appearance of a potential conflict in the future. For many years, long predating his term as mayor, Mayor Summers’ wife Wendy had served as a volunteer on the board of the Lakewood Hospital Foundation.

The foundation is completely separate from the hospital or the Lakewood Hospital Association. It raises funds to support the hospital but is completely unconnected to any hospital decision-making. Moreover, Wendy Summers was a board volunteer, with no operational role within the foundation.

Nevertheless, to avoid even the possible appearance of any conflict in the future, Wendy stepped down from the foundation board.

In its story, the Observer neglected to write that the city contacted the Ohio Ethics Commission to make completely certain that there are no ethical conflicts; that the commission advised the city only on potential conflicts; and that to avoid even the perception that there could be a conflict, the Mayor’s wife Wendy stepped down from the volunteer charitable work she had been doing for many years.

You could be forgiven for reading the Observer’s article and not coming away with these core facts, especially if relating these facts doesn’t seem to have been the purpose of the article to begin with.

Kevin M. Butler
Director of Law
City of Lakewood

There are great things happening in Lakewood but we have lots of work ahead of us. I hope that as a community, we can tune out untruthful campaign noise, and stay focused on moving Lakewood forward. Thanks for all the support you’ve given to our city, to the reelection campaign and to Wendy and me.

Sincerely,

Mike Summers

Posted: **Thu Aug 27, 2015 4:40 pm**

Matthew John Markling wrote:
Mayor Mike Summers wrote:Dear supporter,

In its story, the Observer neglected to write that the city contacted the Ohio Ethics Commission to make completely certain that there are no ethical conflicts; that the commission advised the city only on potential conflicts; and that to avoid even the perception that there could be a conflict, the Mayor’s wife Wendy stepped down from the volunteer charitable work she had been doing for many years.

Kevin M. Butler
Director of Law
City of Lakewood[/i][/list]

Mike Summers

The entire letter is also a lie.

Dear Kevin Butler, who did I say contacted the OEC, well you, and posted your letters.

However it is you that is light on the truth and facts. Of course this city hall has become
morally bankrupt and sees everyone that does not agree as wrong and the enemy.

I did not write what Kevin said, because it was a lie, look at the Marx/O'Leary letter, that
is why he wrote it, to once again cover their asses like they actually thought about any of
this and checked out the legalities.

HONESTLY, for something that has been schemed all the way back to 2010, this is the worst
thought out bad deal I have every run across. it is quickly closing in on...

Less than truthful Mayor about the biggest deal in 50 years.

Less than truthful Council President.

Less that truthful Law Director

An out of control Building Department

The word planning is merely a metaphor for the office in the basement.

Yeah these guys deserve another...

:roll:

.

Posted: **Thu Aug 27, 2015 5:19 pm**

Let's review shall we.

So we are all remain on the same page, from the front page of the most recent edition of The Lakewood Observer (http://media.lakewoodobserver.com/issue_pdfs/Observer_Vol_11_Issue_17.pdf) and at the front page of the website at http://lakewoodobserver.com/read/2015/08/18/mayor-summers-receives-advisory-opinions-from-the-ohio-ethics-commission:

Mayor Summers Receives Advisory Opinions From The Ohio Ethics Commission

by Jim O'Bryan

Wendy and Mike enjoying LHF's Starry Night Celebration in 2012.

On May 1, 2015, the Ohio Ethics Commission sent Law Director Kevin Butler an advisory opinion based, in part, on Butler’s hypothetical question of: "Can the Mayor participate in decisions regarding the closing of Lakewood Hospital if his wife serves on the board of the foundation?" In response to Butler's question, Ohio Ethics Commission Staff Advisory Attorney John Rawski opined that, "If the proposed agreement with the Cleveland Clinic would result in the dissolution or alteration of the foundation from its present form, the mayor cannot participate in decisions regarding the closing of Lakewood Hospital."

A second Ohio Ethics Commission advisory opinion dated May 8, 2015, clarifies that, as long as Wendy Summers remains Mayor Summers' wife and on the Lakewood Hospital Foundation Board, Mayor Summers is forbidden from participating in any discussions regarding the closing of Lakewood Hospital.

And, yet, Mayor Summers has not only participated in discussions surrounding the closing of Lakewood Hospital in the past and present, Mayor Summers has been on record as leading the discussion, and recommending the closing of the Lakewood Hospital.

So what role does the Ohio Ethics Commission have in addressing potential ethics violations?

The Ohio Ethics Commission has many functions. One function is to address "hypothetical” questions like the two Butler submitted on behalf of Mayor Summers and his wife in the form of advisory opinions, which are intended to help individuals such as Mike and Wendy Summers avoid ethics violations in the future. These advisory opinions are not intended to address prior or current ethics violations.

In order to address prior or current ethics violations, someone must first file a "charge or allegation of unethical conduct" with the Ohio Ethics Commission. These charges/allegations can be filed anonymously and the investigation process is explained further on the OEC's website at http://www.ethics.ohio.gov/investigation/index.shtml.

According to the Ohio Ethics Commission's website, conflicts of interest "are first-degree misdemeanor criminal offenses, punishable by a fine of up to $1000 and/or a maximum of 6 months in jail." Likewise, having an unlawful interest in a public contract is either a “fourth-degree felony criminal offenses, punishable by a fine of up to $5000 and/or a maximum of 18 months in prison" or a “first degree misdemeanor criminal offenses, punishable by a fine of up to $1000 and/or a maximum of 6 months in jail."

The Ohio Ethics Commission does not address issues of "incompatible positions" as those issues are addressed by the Ohio Attorney General as explained at http://www.ethics.ohio.gov/education/factsheets/authority_of_the_ohio_ethics_commission.pdf.

The May 1, 2015 and May 8, 2015 Ohio Ethics Commission advisory opinions only address issues relating to the Lakewood Hospital as submitted by Butler. Neither decision addresses any hypothetical questions relating to Mayor Summers serving on the Board of Directors for First Federal Lakewood or as an At-Large Member for LakewoodAlive.

The purpose of this article is to provide the facts as known at the time of submission relating to both ethics opinions regarding Mayor Summers and his wife. Additional ethical issues are reserved for future articles and discussion.

The two letters submitted to the Ohio Ethics Commission by Butler, as well as both responses, can be viewed at:
2015.04.24.LawDept.Butler-OEC.Nick.Ltr
2015.05.01.01.Rawski-Butler.Ltr
2015.05.01.02.Butler-Rawski.Ltr
Ethics OMG 2015.05.08.Rawski-Butler.Ltr

Questions, comments or concerns regarding the various ethics issues facing public officials and employees should be directed to the Ohio Ethics Commission, which can be contacted at http://www.ethics.ohio.gov/index.shtml.

Jay P. Foran asks folks to share his view of the above article, so I will:

Jay P. Foran wrote:The Jim O'Bryan article is yellow journalism in its design, manipulative in its ambition and disingenuous at its core. It is time to refute the author's toxicity to our rational community. It is important that our community push back on this bully. Share if you care.

Posted: **Thu Aug 27, 2015 5:59 pm**

Matthew John Markling wrote:
Jay P. Foran wrote:The Jim O'Bryan article is yellow journalism in its design, manipulative in its ambition and disingenuous at its core. It is time to refute the author's toxicity to our rational community. It is important that our community push back on this bully. Share if you care.

These people are pitiful.

Let's review. The Observer is a place where they can submit what they want from son's baseball to
the head of the mayor's re-election campaign talking how good the mayor is. They are welcomed
as are most people. Both articles, heavily biased, and appreciated for being sent in. Their opinion
is not tainted with, spin, yellow journalism, it is welcomed here. They just have to be willing to own it.

But disagree with them, and you are called every name in the book, by the positive leaders of the
city. They try to shut you down, run you out of business, and take away your voice. Here at the
very "negative and evil Deck," you disagree, and we talk about it. No one is hated, thrown out, left
crying at the door, dropped like a hot potatoes. it's positively mature.

Kevin Butler could have told the truth. Actually they could have broken the news themselves, but no,
they had Wendy get a resignation letter ready, and continued to work it. Just a couple weeks ago at
a LHF function, when asked why her and the mayor were not at the same table, people were told,
"it's an ethics thing we cannot sit at the same table at these events." When did she step down? To
be honest I do not care, I do not see Wendy as a criminal, illegal, or anything but the very intelligent
person she is. However "Mike Summers" made it illegal talking about closing the hospital. And he
has been doing it for years and years. Now the mayor is dug in and will do anything for this and I
never thought until recently he was a bad guy, vindictive, or illegal, but I starting to question that.

Kevin Butler could have released the information immediately with the resignation of Wendy, but
they didn't. And I waited and waited for them to come clean. June, July, August, this is ridiculous,
and broke that story. And just like "The Hospital is not closing" everyone attacks the messenger to
have people look away from the real illegal behavior, the money laundering of a $170+ million
dollar publicly owned asset into $30 mill for a friend's new private non-profit. As it moves through
various different groups and agencies, it fulfills every aspect of money laundering as set out by the Feds.

No instead of admitting what the truth is, attack, attack attack the messenger that posted the actual letters they wrote.

WTF

From day one I have said, the issue is not the hospital, not the rec center, but government that has
lost not just its moral compass but forgot its fiduciary responsibilities to the residents of Lakewood.

City Hall, you can call me a liar all day long.

When you start telling the truth.

Until then, I'm the one telling the truth, again and again and again and very soon AGAIN.

When a mayor, law director, planning director, council president work to deceive, time for them to go.

.

Posted: **Fri Aug 28, 2015 8:11 am**

[/quote]
But disagree with them, and you are called every name in the book, by the positive leaders of the
city. They try to shut you down, run you out of business, and take away your voice. Here at the
very "negative and evil Deck," you disagree, and we talk about it. No one is hated, thrown out, left
crying at the door, dropped like a hot potatoes. it's positively mature.

.[/quote]

This sounds like the same observation made by many past posters on the Lakewood Observer Observation Deck, just interchange the implication of the "City" with the "Lakewood Observer Observation Deck" (this is based on facts, there are many posts that state these same implications but directed towards the Lakewood Observer Observation Deck).

Corey

Posted: **Fri Aug 28, 2015 10:01 am**

Corey Rossen wrote:

But disagree with them, and you are called every name in the book, by the positive leaders of the
city. They try to shut you down, run you out of business, and take away your voice. Here at the
very "negative and evil Deck," you disagree, and we talk about it. No one is hated, thrown out, left
crying at the door, dropped like a hot potatoes. it's positively mature.

.[/quote]

This sounds like the same observation made by many past posters on the Lakewood Observer Observation Deck, just interchange the implication of the "City" with the "Lakewood Observer Observation Deck" (this is based on facts, there are many posts that state these same implications but directed towards the Lakewood Observer Observation Deck).

Corey[/quote]

Corey

I know they say it, but the facts are very different.

You know that.

I am not talking about disagreeing, I am talking about people working behind the scenes to shut
down free speech. Parents not allowing their children to play with others because of their views on
the hospital. People being "unfriended" for different views.

Corey, we have talked about it many times.

.

Posted: **Fri Aug 28, 2015 10:25 am**

[/quote]

I am not talking about disagreeing, I am talking about people working behind the scenes to shut
down free speech. Parents not allowing their children to play with others because of their views on
the hospital. People being "unfriended" for different views.

.[/quote]
Okay...after needing my decoder ring (again) and a further explanation by you...I am still missing the part in your initial post about "parents not allowing their children..." (threat drift, maybe?). I even missed the part about Facebook "unfriending" (threat drift, maybe?). I think I would have an easier time reading your posts if you say what you mean and mean what you say, not what you intended to have said. I find it very difficult to interpret your "disagreeing" into "parental control" and "Facebook unfriending."

I am speaking about treatment of people, as are you. You were speaking of your interpretation of the way the City treats people and I was noting the comments made by Lakewood Observer Observation Deck posters about their interpretation of treatment on the Deck. Apples to apples, just interchange the words.

Corey

Posted: **Fri Aug 28, 2015 10:42 am**

Corey Rossen wrote:

I am not talking about disagreeing, I am talking about people working behind the scenes to shut
down free speech. Parents not allowing their children to play with others because of their views on
the hospital. People being "unfriended" for different views.

.[/quote]
Okay...after needing my decoder ring (again) and a further explanation by you...I am still missing the part in your initial post about "parents not allowing their children..." (threat drift, maybe?). I even missed the part about Facebook "unfriending" (threat drift, maybe?). I think I would have an easier time reading your posts if you say what you mean and mean what you say, not what you intended to have said. I find it very difficult to interpret your "disagreeing" into "parental control" and "Facebook unfriending."

I am speaking about treatment of people, as are you. You were speaking of your interpretation of the way the City treats people and I was noting the comments made by Lakewood Observer Observation Deck posters about their interpretation of treatment on the Deck. Apples to apples, just interchange the words.

Corey[/quote]

Corey

If it is such a problem, why bother?

No, I was talking about the way and how treatment is delivered, not just the treatment.

I mean I am sorry I am not answering your narrowly defined questions, but I am giving my answers.

Feel free to ask again.

You do understand the difference between Jim O'Bryan asking a question, or getting something
wrong, and Bun E. Rabbit, going off on crazy rants about whatever?

I have been running around today so if it seems disjointed, probably because they are written in pieces.

.

Posted: **Fri Aug 28, 2015 11:19 am**

Jim O'Bryan wrote:
Corey Rossen wrote:

I am not talking about disagreeing, I am talking about people working behind the scenes to shut
down free speech. Parents not allowing their children to play with others because of their views on
the hospital. People being "unfriended" for different views.

.

Okay...after needing my decoder ring (again) and a further explanation by you...I am still missing the part in your initial post about "parents not allowing their children..." (threat drift, maybe?). I even missed the part about Facebook "unfriending" (threat drift, maybe?). I think I would have an easier time reading your posts if you say what you mean and mean what you say, not what you intended to have said. I find it very difficult to interpret your "disagreeing" into "parental control" and "Facebook unfriending."

I am speaking about treatment of people, as are you. You were speaking of your interpretation of the way the City treats people and I was noting the comments made by Lakewood Observer Observation Deck posters about their interpretation of treatment on the Deck. Apples to apples, just interchange the words.

Corey[/quote]

Corey

If it is such a problem, why bother?

No, I was talking about the way and how treatment is delivered, not just the treatment.

I mean I am sorry I am not answering your narrowly defined questions, but I am giving my answers.

Feel free to ask again.

You do understand the difference between Jim O'Bryan asking a question, or getting something
wrong, and Bun E. Rabbit, going off on crazy rants about whatever?

I have been running around today so if it seems disjointed, probably because they are written in pieces.

.[/quote]

Jim,

I did not ask any questions.

Corey

Posted: **Fri Aug 28, 2015 11:57 am**

Corey

Actually you asked three questions and then made your statement.

But now that I have time, and can try one more time to back to your original statement.

Corey Rossen wrote:This sounds like the same observation made by many past posters on the Lakewood Observer Observation Deck, just interchange the implication of the "City" with the "Lakewood Observer Observation Deck" (this is based on facts, there are many posts that state these same implications but directed towards the Lakewood Observer Observation Deck).
Corey

I was not talking of perception, but facts.

I think you should go back and read it again.

You should understand misconception .

It is hard to compare the mindless vicious attacks of "Miles Long" to the questioning of Jenn Pae.
While it can be strong, shows respect from most, and an appreciation for her trying to answer a
question or even explain her opinion.

If this does not address your general statements, ask or make more general statements. I will try
to answer them or make general statements back to them, or not. Long weekend, and I've got the
time, and want to make sure you do not feel bullied.

Especially over you asking or not asking thingys.

.

Posted: **Fri Aug 28, 2015 12:25 pm**

Jim O'Bryan wrote:Corey

Actually you asked three questions and then made your statement.

But now that I have time, and can try one more time to back to your original statement.

Corey Rossen wrote:This sounds like the same observation made by many past posters on the Lakewood Observer Observation Deck, just interchange the implication of the "City" with the "Lakewood Observer Observation Deck" (this is based on facts, there are many posts that state these same implications but directed towards the Lakewood Observer Observation Deck).
Corey

I was not talking of perception, but facts.

I think you should go back and read it again.

You should understand misconception .

It is hard to compare the mindless vicious attacks of "Miles Long" to the questioning of Jenn Pae.
While it can be strong, shows respect from most, and an appreciation for her trying to answer a
question or even explain her opinion.

If this does not address your general statements, ask or make more general statements. I will try
to answer them or make general statements back to them, or not. Long weekend, and I've got the
time, and want to make sure you do not feel bullied.

Especially over you asking or not asking thingys.

.

Jim,

You know I would like nothing better than to round and round with you, but for my own sanity I will not.

You are still jumping between what is in your mind as opposed to what you have said in print (computer screen) and frankly, I do want want to try to mind read anymore. It is just not worth the effort.

I will keep this "positively mature" and move on, no worthwhile conversation to have here.

Corey

Posted: **Fri Aug 28, 2015 12:35 pm**

Corey Rossen wrote:Jim,

You know I would like nothing better than to round and round with you, but for my own sanity I will not.

You are still jumping between what is in your mind as opposed to what you have said in print (computer screen) and frankly, I do want want to try to mind read anymore. It is just not worth the effort.

I will keep this "positively mature" and move on, no worthwhile conversation to have here.

Corey

Oh then let's agree to disagree. :roll:

I just love that line, never used it with you before.

.

Posted: **Fri Aug 28, 2015 12:47 pm**

Jim O'Bryan wrote:
Corey Rossen wrote:Jim,

You know I would like nothing better than to round and round with you, but for my own sanity I will not.

You are still jumping between what is in your mind as opposed to what you have said in print (computer screen) and frankly, I do want want to try to mind read anymore. It is just not worth the effort.

I will keep this "positively mature" and move on, no worthwhile conversation to have here.

Corey

Oh then let's agree to disagree.

I just love that line, never used it with you before.

.

I think the "rolling eyes" symbol says it best.

"Positively mature,"
Corey

Posted: **Fri Aug 28, 2015 1:07 pm**

Corey Rossen wrote:Oh then let's agree to disagree.

I just love that line, never used it with you before.

.

I think the "rolling eyes" symbol says it best.

"Positively mature,"
Corey[/quote]

Corey

Text is such and terrible way to converse.

The :roll:

was for the comment I was making.

The comment when used seems light.

Especially with you, who has no problem dishing it out.

That's all.

.

The Observation Deck

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