Records Violations Expose Summers & City Council Participated in Largest Fraud In History of Lakewood
Posted: Thu Jan 21, 2016 1:28 am
Law Director Butler and City Hall have violated public records laws by failing to comply with the records requests below concerning "wind down" costs and appraisal of hospital assets mentioned in the Master Agreement they passed and signed December 21, 2015.
The Master Agreement gave away and destroyed Lakewood Hospital and hospital assets valued at more than $120M.
Summers and City Council (excluding Councilman Dan O'Malley) all voted for the Master Agreement and can't produce records or explain why they gave CCF over $70M in cash and property in exchange for nothing to be paid by CCF.
It has now been established that CCF will pay no wind down expenses and will make off with cash and property worth an estimated $70M million or more for FREE!
So Summers, Butler, Jen Pae and City Councilmembers who supported and voted for the Master Agreement have participated in the largest Fraud on taxpayers in Lakewood History.
Will anyone be held accountable?
Brian Essi <bjessi@sbcglobal.net>
Jan 9 at 2:54 PM
ToKevin Butler
Jeannine Petrus
Mary Hagan
CCMike Summers
Sam O'Leary
Ryan Nowlin
David Anderson
Cynthia Marx
and 5 more...
Dear Director Butler,
Please see below my records request from December 13, 2015, that I believe has never been fulfilled and I reassert herein as if fully rewritten.
In addition, please produce the following public records:
1. All records of communication of a threat by Lakewood Hospital Association (LHA) or any representative of LHA that LHA might file for bankruptcy protection;
2. All records of communication by LHA or any representative of LHA to any Lakewood City official or Lakewood elected leader that LHA would resist any effort by City Council to conduct a public bidding, listing, request for proposal and/or marketing of any or all of the assets used in the conduct of Lakewood Hospital;
3. All records of communication by any elected official requesting that LHA conduct a bidding, listing, request for proposal and/or marketing concerning any or all of the assets used in the conduct of Lakewood Hospital;
4. All records of communication whereby LHA responded to any communication by any elected official requesting that LHA conduct a bidding, listing, request for proposal and/or marketing concerning any or all of the assets used in the conduct of Lakewood Hospital;
5. All records concerning the potential of LHA filing for bankruptcy.
Sincerely,
Brian J. Essi
From: Brian Essi <bjessi@sbcglobal.net>
To: Kevin Butler <kevin.butler@lakewoodoh.net>; Jeannine Petrus <jeannine.petrus@lakewoodoh.net>; Mary Hagan <mary.hagan@lakewoodoh.net>
Cc: Mike Summers <mike.summers@lakewoodoh.net>; Sam O'Leary <sam.oleary@lakewoodoh.net>; Ryan Nowlin <ryan.nowlin@lakewoodoh.net>; David Anderson <david.anderson@lakewoodoh.net>; Cynthia Marx <cindy.marx@lakewoodoh.net>; Mary Madigan <mary.madigan@lakewoodoh.net>; Tom Bullock <tom.bullock@lakewoodoh.net>; Shawn Juris <shawn.juris@lakewoodoh.net>
Sent: Sunday, December 13, 2015 1:45 PM
Subject: Re: Public Records Request Concerning Wind-Down Costs
Dear Director Butler, Mayor Summers, Thomas Bullock and Mary Madigan,
Kindy produce the following public records:
1. All public records that are the basis of Mayor Summers' statements as reported on page E2 of the Plain Dealer dated 12/13/15 to wit "$12 million of the hospital's $78 million in wind down costs would be borne by the Clinic" and on page A2 of the Plain Dealer dated 12/13/15 to wit: "the Clinic could end up spending $12 million toward the $78 million in wind down costs."
2. All public record concerning estimated and/or anticipated wind-down costs for closing and winding down Lakewood Hospital per the terms of the proposed Master Agreement published on the City website May 10, 2015,
3. All public record concerning estimated and/or anticipated wind-down costs for closing and winding down Lakewood Hospital.
4. All public record concerning estimated and/or anticipated wind-down costs for closing and winding down Lakewood Hospital that may be borne by the Cleveland Clinic.
Sincerely,
Brian J. Essi
From: Brian Essi <bjessi@sbcglobal.net>
To: Kevin Butler <kevin.butler@lakewoodoh.net>; Jeannine Petrus <jeannine.petrus@lakewoodoh.net>; Mary Hagan <mary.hagan@lakewoodoh.net>
Cc: Mike Summers <mike.summers@lakewoodoh.net>; Sam O'Leary <sam.oleary@lakewoodoh.net>; Ryan Nowlin <ryan.nowlin@lakewoodoh.net>; David Anderson <david.anderson@lakewoodoh.net>; Cynthia Marx <cindy.marx@lakewoodoh.net>; Mary Madigan <mary.madigan@lakewoodoh.net>; Tom Bullock <tom.bullock@lakewoodoh.net>; Shawn Juris <shawn.juris@lakewoodoh.net>
Sent: Sunday, December 13, 2015 9:15 AM
Subject: Re: Public Records Request Concerning FHC Site Sale Agreement
Dear Director Butler,
Please produce the following public records:
1. The Title Commitment dated November 13, 2015 referred to in Section 5(b) of the FHC Site Sale Agreement.
2. The "survey" and the "lot split/consolidation plat" and/or any drafts of either of these documents which are referred to in the footnote on page G-1 of the FHC Site Sale Agreement.
3. All correspondence and communications by and among any City official or employee and First American Title Company and any Cuyahoga County Official or employee which correspondence and/or communications concern the planning and/or preparation for the transactions contemplated by the FHC Site Sale Agreement or any previous daft thereof, including the Lot Split Approval contemplated thereby.
4. Any records containing or referring to a projected, estimated or anticipated completion date of the Lot Split Approval referred to in the FHC Site Sale Agreement.
Sincerely,
Brian J. Essi
From: Brian Essi <bjessi@sbcglobal.net>
To: Kevin Butler <kevin.butler@lakewoodoh.net>; Jeannine Petrus <jeannine.petrus@lakewoodoh.net>; Mary Hagan <mary.hagan@lakewoodoh.net>
Cc: Mike Summers <mike.summers@lakewoodoh.net>; Sam O'Leary <sam.oleary@lakewoodoh.net>; Ryan Nowlin <ryan.nowlin@lakewoodoh.net>; David Anderson <david.anderson@lakewoodoh.net>; Cynthia Marx <cindy.marx@lakewoodoh.net>; Mary Madigan <mary.madigan@lakewoodoh.net>; Tom Bullock <tom.bullock@lakewoodoh.net>; Shawn Juris <shawn.juris@lakewoodoh.net>
Sent: Sunday, December 13, 2015 8:35 AM
Subject: Public Records Request Concerning Section 9.9
Dear Director Butler,
Please produce the following public records:
1. All records of communications, agreements and/or payments by or among the City, any City official, LHA, any LHA trustee, and any employee or representative of the City and/or LHA including their attorneys and/or insurers concerning Section 9.9 of the 1996 Lease between LHA and the City, which communications, agreements and/or payments concern Edward Graham, et al. v City of Lakewood CV-15-846212.
Sincerely,
Brian J. Essi
The Master Agreement gave away and destroyed Lakewood Hospital and hospital assets valued at more than $120M.
Summers and City Council (excluding Councilman Dan O'Malley) all voted for the Master Agreement and can't produce records or explain why they gave CCF over $70M in cash and property in exchange for nothing to be paid by CCF.
It has now been established that CCF will pay no wind down expenses and will make off with cash and property worth an estimated $70M million or more for FREE!
So Summers, Butler, Jen Pae and City Councilmembers who supported and voted for the Master Agreement have participated in the largest Fraud on taxpayers in Lakewood History.
Will anyone be held accountable?
Brian Essi <bjessi@sbcglobal.net>
Jan 9 at 2:54 PM
ToKevin Butler
Jeannine Petrus
Mary Hagan
CCMike Summers
Sam O'Leary
Ryan Nowlin
David Anderson
Cynthia Marx
and 5 more...
Dear Director Butler,
Please see below my records request from December 13, 2015, that I believe has never been fulfilled and I reassert herein as if fully rewritten.
In addition, please produce the following public records:
1. All records of communication of a threat by Lakewood Hospital Association (LHA) or any representative of LHA that LHA might file for bankruptcy protection;
2. All records of communication by LHA or any representative of LHA to any Lakewood City official or Lakewood elected leader that LHA would resist any effort by City Council to conduct a public bidding, listing, request for proposal and/or marketing of any or all of the assets used in the conduct of Lakewood Hospital;
3. All records of communication by any elected official requesting that LHA conduct a bidding, listing, request for proposal and/or marketing concerning any or all of the assets used in the conduct of Lakewood Hospital;
4. All records of communication whereby LHA responded to any communication by any elected official requesting that LHA conduct a bidding, listing, request for proposal and/or marketing concerning any or all of the assets used in the conduct of Lakewood Hospital;
5. All records concerning the potential of LHA filing for bankruptcy.
Sincerely,
Brian J. Essi
From: Brian Essi <bjessi@sbcglobal.net>
To: Kevin Butler <kevin.butler@lakewoodoh.net>; Jeannine Petrus <jeannine.petrus@lakewoodoh.net>; Mary Hagan <mary.hagan@lakewoodoh.net>
Cc: Mike Summers <mike.summers@lakewoodoh.net>; Sam O'Leary <sam.oleary@lakewoodoh.net>; Ryan Nowlin <ryan.nowlin@lakewoodoh.net>; David Anderson <david.anderson@lakewoodoh.net>; Cynthia Marx <cindy.marx@lakewoodoh.net>; Mary Madigan <mary.madigan@lakewoodoh.net>; Tom Bullock <tom.bullock@lakewoodoh.net>; Shawn Juris <shawn.juris@lakewoodoh.net>
Sent: Sunday, December 13, 2015 1:45 PM
Subject: Re: Public Records Request Concerning Wind-Down Costs
Dear Director Butler, Mayor Summers, Thomas Bullock and Mary Madigan,
Kindy produce the following public records:
1. All public records that are the basis of Mayor Summers' statements as reported on page E2 of the Plain Dealer dated 12/13/15 to wit "$12 million of the hospital's $78 million in wind down costs would be borne by the Clinic" and on page A2 of the Plain Dealer dated 12/13/15 to wit: "the Clinic could end up spending $12 million toward the $78 million in wind down costs."
2. All public record concerning estimated and/or anticipated wind-down costs for closing and winding down Lakewood Hospital per the terms of the proposed Master Agreement published on the City website May 10, 2015,
3. All public record concerning estimated and/or anticipated wind-down costs for closing and winding down Lakewood Hospital.
4. All public record concerning estimated and/or anticipated wind-down costs for closing and winding down Lakewood Hospital that may be borne by the Cleveland Clinic.
Sincerely,
Brian J. Essi
From: Brian Essi <bjessi@sbcglobal.net>
To: Kevin Butler <kevin.butler@lakewoodoh.net>; Jeannine Petrus <jeannine.petrus@lakewoodoh.net>; Mary Hagan <mary.hagan@lakewoodoh.net>
Cc: Mike Summers <mike.summers@lakewoodoh.net>; Sam O'Leary <sam.oleary@lakewoodoh.net>; Ryan Nowlin <ryan.nowlin@lakewoodoh.net>; David Anderson <david.anderson@lakewoodoh.net>; Cynthia Marx <cindy.marx@lakewoodoh.net>; Mary Madigan <mary.madigan@lakewoodoh.net>; Tom Bullock <tom.bullock@lakewoodoh.net>; Shawn Juris <shawn.juris@lakewoodoh.net>
Sent: Sunday, December 13, 2015 9:15 AM
Subject: Re: Public Records Request Concerning FHC Site Sale Agreement
Dear Director Butler,
Please produce the following public records:
1. The Title Commitment dated November 13, 2015 referred to in Section 5(b) of the FHC Site Sale Agreement.
2. The "survey" and the "lot split/consolidation plat" and/or any drafts of either of these documents which are referred to in the footnote on page G-1 of the FHC Site Sale Agreement.
3. All correspondence and communications by and among any City official or employee and First American Title Company and any Cuyahoga County Official or employee which correspondence and/or communications concern the planning and/or preparation for the transactions contemplated by the FHC Site Sale Agreement or any previous daft thereof, including the Lot Split Approval contemplated thereby.
4. Any records containing or referring to a projected, estimated or anticipated completion date of the Lot Split Approval referred to in the FHC Site Sale Agreement.
Sincerely,
Brian J. Essi
From: Brian Essi <bjessi@sbcglobal.net>
To: Kevin Butler <kevin.butler@lakewoodoh.net>; Jeannine Petrus <jeannine.petrus@lakewoodoh.net>; Mary Hagan <mary.hagan@lakewoodoh.net>
Cc: Mike Summers <mike.summers@lakewoodoh.net>; Sam O'Leary <sam.oleary@lakewoodoh.net>; Ryan Nowlin <ryan.nowlin@lakewoodoh.net>; David Anderson <david.anderson@lakewoodoh.net>; Cynthia Marx <cindy.marx@lakewoodoh.net>; Mary Madigan <mary.madigan@lakewoodoh.net>; Tom Bullock <tom.bullock@lakewoodoh.net>; Shawn Juris <shawn.juris@lakewoodoh.net>
Sent: Sunday, December 13, 2015 8:35 AM
Subject: Public Records Request Concerning Section 9.9
Dear Director Butler,
Please produce the following public records:
1. All records of communications, agreements and/or payments by or among the City, any City official, LHA, any LHA trustee, and any employee or representative of the City and/or LHA including their attorneys and/or insurers concerning Section 9.9 of the 1996 Lease between LHA and the City, which communications, agreements and/or payments concern Edward Graham, et al. v City of Lakewood CV-15-846212.
Sincerely,
Brian J. Essi