The Observation Deck

To defend the embattled Master Agreement they passed last December to close Lakewood Hospital, City leaders claimed and continue to claim the Master Agreement was the “only option” to guarantee uninterrupted emergency room service in Lakewood. Sam O'Leary testified in the Skindell v. Madigan case that at the time city leaders first may these claims, they did not have a copy of the Master Agreement because it did not exist. Butler seemed to confirm that false claim in public records responses (see below) More important is the fact that the Master Agreement ultimately signed by Summers and Madigan did not guarantee an ER.

So here is the problem.

Immediately after Summers’ January, 15, 2015 announcement that the hospital would close, emergency room admissions dropped. On May 13, 2015, Lakewood Hospital Association (LHA) and the Cleveland Clinic (CCF) admitted that volume dropped due to that “general announcement” because people simply weren't coming to Lakewood Hospital because of the Bad News (err Summers' translation "Good News"). LHA trustee David Bronsky said at an LHA meeting “this is exactly what we expected.” Huh?

The Master Agreement provides for the level of ER service at December 21, 2015—which was further reduced from January and May of that year--so it was going downhill.

Jenn Pae recently admitted in a op-ed piece that City Hall never issued an RFP to anyone to seek ER services (or any other healthcare services) in Lakewood.


So exactly what did the city leaders mean when they claimed the Master Agreement that gave away $107M in healthcare assets was: the “only option” to guarantee uninterrupted emergency room service in Lakewood?

So didn't City Council and Summers “guarantee” a lower level of service without ever seeking any other option from any other suitor other than CCF?

What if Sam O'Leary and City Leaders actually had the Master Agreement when they first made those claims and that Butler's responses below are actually untrue, i.e. they had the draft Master Agreement and they knew what they were and are claiming is false?

In other words, What do they really mean by that?

From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' [Redacted]; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net> 
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Friday, December 4, 2015 11:58 AM
Subject: RE: Proposal/Agreement Concerning Lakewood Hospital

We are unaware of any such records and do not have any records that would be responsive to your request.
 
Kevin M. Butler, Director of Law
City of Lakewood | Law Department
(216) 529-6034
kevin.butler@lakewoodoh.net
 
From: Brian Essi [redacted]
Sent: Friday, December 04, 2015 11:07 AM
To: Butler, Kevin; Hagan, Mary; Summers, Mike; Madigan, Mary; O'Leary, Sam; Bullock, Tom; Anderson, David; Marx, Cynthia; Nowlin, Ryan; Juris, Shawn
Cc: Petrus, Jeannine
Subject: Re: Proposal/Agreement Concerning Lakewood Hospital
 
 
 Dear Director Butler and President Madigan,
 
Please produce public records containing any draft, signed or unsigned agreement or proposal  or  concerning Lakewood Hospital that was or may have been discussed, approved or agreed to by Lakewood Hospital Association  (LHA) or any committee of LHA  and/or the Cleveland Clinic this week.
 
Please produce public records containing any draft, signed or unsigned agreement or proposal or document concerning Lakewood Hospital that will or may be the subject of the City Council Meeting to be held on December 7, 2015.
 
Please produce public records concerning Lakewood Hospital that will or may be the subject of any reading at the City Council Meeting to be held on December 7, 2015.
 
Sincerely,
 
Brian J. Essi
Cell 216-346-3434
 
 
 
 

From: Brian Essi [Email redacted]
To: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net> 
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Tuesday, December 1, 2015 12:28 PM
Subject: Agreement With LHA/CCF
 
 Dear Director Butler,
 
Please produce any signed or unsigned agreement concerning Lakewood Hospital that was or may have been approved or agreed to by Lakewood Hospital Association  (LHA) or any committee of LHA  and/or the Cleveland Clinic on November 30, 2015.
 
Brian J. Essi

Brian Essi wrote:To defend the embattled Master Agreement they passed last December to close Lakewood Hospital, City leaders claimed and continue to claim the Master Agreement was the “only option” to guarantee uninterrupted emergency room service in Lakewood. Sam O'Leary testified in the Skindell v. Madigan case that at the time city leaders first may these claims, they did not have a copy of the Master Agreement because it did not exist. Butler seemed to confirm that false claim in public records responses (see below) More important is the fact that the Master Agreement ultimately signed by Summers and Madigan did not guarantee an ER.

So here is the problem.

Immediately after Summers’ January, 15, 2015 announcement that the hospital would close, emergency room admissions dropped. On May 13, 2015, Lakewood Hospital Association (LHA) and the Cleveland Clinic (CCF) admitted that volume dropped due to that “general announcement” because people simply weren't coming to Lakewood Hospital because of the Bad News (err Summers' translation "Good News"). LHA trustee David Bronsky said at an LHA meeting “this is exactly what we expected.” Huh?

The Master Agreement provides for the level of ER service at December 21, 2015—which was further reduced from January and May of that year--so it was going downhill.

Jenn Pae recently admitted in a op-ed piece that City Hall never issued an RFP to anyone to seek ER services (or any other healthcare services) in Lakewood.


So exactly what did the city leaders mean when they claimed the Master Agreement that gave away $107M in healthcare assets was: the “only option” to guarantee uninterrupted emergency room service in Lakewood?

So didn't City Council and Summers “guarantee” a lower level of service without ever seeking any other option from any other suitor other than CCF?

What if Sam O'Leary and City Leaders actually had the Master Agreement when they first made those claims and that Butler's responses below are actually untrue, i.e. they had the draft Master Agreement and they knew what they were and are claiming is false?

In other words, What do they really mean by that?

From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' [Redacted]; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Friday, December 4, 2015 11:58 AM
Subject: RE: Proposal/Agreement Concerning Lakewood Hospital

We are unaware of any such records and do not have any records that would be responsive to your request.

Kevin M. Butler, Director of Law
City of Lakewood | Law Department
(216) 529-6034
kevin.butler@lakewoodoh.net

From: Brian Essi [redacted]
Sent: Friday, December 04, 2015 11:07 AM
To: Butler, Kevin; Hagan, Mary; Summers, Mike; Madigan, Mary; O'Leary, Sam; Bullock, Tom; Anderson, David; Marx, Cynthia; Nowlin, Ryan; Juris, Shawn
Cc: Petrus, Jeannine
Subject: Re: Proposal/Agreement Concerning Lakewood Hospital


Dear Director Butler and President Madigan,

Please produce public records containing any draft, signed or unsigned agreement or proposal or concerning Lakewood Hospital that was or may have been discussed, approved or agreed to by Lakewood Hospital Association (LHA) or any committee of LHA and/or the Cleveland Clinic this week.

Please produce public records containing any draft, signed or unsigned agreement or proposal or document concerning Lakewood Hospital that will or may be the subject of the City Council Meeting to be held on December 7, 2015.

Please produce public records concerning Lakewood Hospital that will or may be the subject of any reading at the City Council Meeting to be held on December 7, 2015.

Sincerely,

Brian J. Essi
Cell 216-346-3434





From: Brian Essi [Email redacted]
To: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Tuesday, December 1, 2015 12:28 PM
Subject: Agreement With LHA/CCF

Dear Director Butler,

Please produce any signed or unsigned agreement concerning Lakewood Hospital that was or may have been approved or agreed to by Lakewood Hospital Association (LHA) or any committee of LHA and/or the Cleveland Clinic on November 30, 2015.

Brian J. Essi

What a precarious, challenging, high-wire act Mr. Butler is attempting. Trying to hold on to his good name while repeatedly withholding public records .
Careful Mr. Butler, I thought I saw you slip.

m buckley wrote:

Brian Essi wrote:To defend the embattled Master Agreement they passed last December to close Lakewood Hospital, City leaders claimed and continue to claim the Master Agreement was the “only option” to guarantee uninterrupted emergency room service in Lakewood. Sam O'Leary testified in the Skindell v. Madigan case that at the time city leaders first may these claims, they did not have a copy of the Master Agreement because it did not exist. Butler seemed to confirm that false claim in public records responses (see below) More important is the fact that the Master Agreement ultimately signed by Summers and Madigan did not guarantee an ER.

So here is the problem.

Immediately after Summers’ January, 15, 2015 announcement that the hospital would close, emergency room admissions dropped. On May 13, 2015, Lakewood Hospital Association (LHA) and the Cleveland Clinic (CCF) admitted that volume dropped due to that “general announcement” because people simply weren't coming to Lakewood Hospital because of the Bad News (err Summers' translation "Good News"). LHA trustee David Bronsky said at an LHA meeting “this is exactly what we expected.” Huh?

The Master Agreement provides for the level of ER service at December 21, 2015—which was further reduced from January and May of that year--so it was going downhill.

Jenn Pae recently admitted in a op-ed piece that City Hall never issued an RFP to anyone to seek ER services (or any other healthcare services) in Lakewood.


So exactly what did the city leaders mean when they claimed the Master Agreement that gave away $107M in healthcare assets was: the “only option” to guarantee uninterrupted emergency room service in Lakewood?

So didn't City Council and Summers “guarantee” a lower level of service without ever seeking any other option from any other suitor other than CCF?

What if Sam O'Leary and City Leaders actually had the Master Agreement when they first made those claims and that Butler's responses below are actually untrue, i.e. they had the draft Master Agreement and they knew what they were and are claiming is false?

In other words, What do they really mean by that?

From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' [Redacted]; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Friday, December 4, 2015 11:58 AM
Subject: RE: Proposal/Agreement Concerning Lakewood Hospital

We are unaware of any such records and do not have any records that would be responsive to your request.

Kevin M. Butler, Director of Law
City of Lakewood | Law Department
(216) 529-6034
kevin.butler@lakewoodoh.net

From: Brian Essi [redacted]
Sent: Friday, December 04, 2015 11:07 AM
To: Butler, Kevin; Hagan, Mary; Summers, Mike; Madigan, Mary; O'Leary, Sam; Bullock, Tom; Anderson, David; Marx, Cynthia; Nowlin, Ryan; Juris, Shawn
Cc: Petrus, Jeannine
Subject: Re: Proposal/Agreement Concerning Lakewood Hospital


Dear Director Butler and President Madigan,

Please produce public records containing any draft, signed or unsigned agreement or proposal or concerning Lakewood Hospital that was or may have been discussed, approved or agreed to by Lakewood Hospital Association (LHA) or any committee of LHA and/or the Cleveland Clinic this week.

Please produce public records containing any draft, signed or unsigned agreement or proposal or document concerning Lakewood Hospital that will or may be the subject of the City Council Meeting to be held on December 7, 2015.

Please produce public records concerning Lakewood Hospital that will or may be the subject of any reading at the City Council Meeting to be held on December 7, 2015.

Sincerely,

Brian J. Essi
Cell 216-346-3434





From: Brian Essi [Email redacted]
To: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Tuesday, December 1, 2015 12:28 PM
Subject: Agreement With LHA/CCF

Dear Director Butler,

Please produce any signed or unsigned agreement concerning Lakewood Hospital that was or may have been approved or agreed to by Lakewood Hospital Association (LHA) or any committee of LHA and/or the Cleveland Clinic on November 30, 2015.

Brian J. Essi

What a precarious, challenging, high-wire act Mr. Butler is attempting. Trying to hold on to his good name while repeatedly withholding public records .
Careful Mr. Butler, I thought I saw you slip.

So Public records reveal that from August 2014 through December 4, 2014, Kevin Butler had been involved in the Letter of Intent that became the Master Agreement--made public on December 10, 2015, but as of December 4, 2015 he claimed there was not even a draft of the agreement.

Huh?

What did he Really mean by that when he wrote "We are unaware of any such records and do not have any records that would be responsive to your request."?

Brian Essi wrote:

m buckley wrote:

Brian Essi wrote:To defend the embattled Master Agreement they passed last December to close Lakewood Hospital, City leaders claimed and continue to claim the Master Agreement was the “only option” to guarantee uninterrupted emergency room service in Lakewood. Sam O'Leary testified in the Skindell v. Madigan case that at the time city leaders first may these claims, they did not have a copy of the Master Agreement because it did not exist. Butler seemed to confirm that false claim in public records responses (see below) More important is the fact that the Master Agreement ultimately signed by Summers and Madigan did not guarantee an ER.

So here is the problem.

Immediately after Summers’ January, 15, 2015 announcement that the hospital would close, emergency room admissions dropped. On May 13, 2015, Lakewood Hospital Association (LHA) and the Cleveland Clinic (CCF) admitted that volume dropped due to that “general announcement” because people simply weren't coming to Lakewood Hospital because of the Bad News (err Summers' translation "Good News"). LHA trustee David Bronsky said at an LHA meeting “this is exactly what we expected.” Huh?

The Master Agreement provides for the level of ER service at December 21, 2015—which was further reduced from January and May of that year--so it was going downhill.

Jenn Pae recently admitted in a op-ed piece that City Hall never issued an RFP to anyone to seek ER services (or any other healthcare services) in Lakewood.


So exactly what did the city leaders mean when they claimed the Master Agreement that gave away $107M in healthcare assets was: the “only option” to guarantee uninterrupted emergency room service in Lakewood?

So didn't City Council and Summers “guarantee” a lower level of service without ever seeking any other option from any other suitor other than CCF?

What if Sam O'Leary and City Leaders actually had the Master Agreement when they first made those claims and that Butler's responses below are actually untrue, i.e. they had the draft Master Agreement and they knew what they were and are claiming is false?

In other words, What do they really mean by that?

From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' [Redacted]; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Friday, December 4, 2015 11:58 AM
Subject: RE: Proposal/Agreement Concerning Lakewood Hospital

We are unaware of any such records and do not have any records that would be responsive to your request.

Kevin M. Butler, Director of Law
City of Lakewood | Law Department
(216) 529-6034
kevin.butler@lakewoodoh.net

From: Brian Essi [redacted]
Sent: Friday, December 04, 2015 11:07 AM
To: Butler, Kevin; Hagan, Mary; Summers, Mike; Madigan, Mary; O'Leary, Sam; Bullock, Tom; Anderson, David; Marx, Cynthia; Nowlin, Ryan; Juris, Shawn
Cc: Petrus, Jeannine
Subject: Re: Proposal/Agreement Concerning Lakewood Hospital


Dear Director Butler and President Madigan,

Please produce public records containing any draft, signed or unsigned agreement or proposal or concerning Lakewood Hospital that was or may have been discussed, approved or agreed to by Lakewood Hospital Association (LHA) or any committee of LHA and/or the Cleveland Clinic this week.

Please produce public records containing any draft, signed or unsigned agreement or proposal or document concerning Lakewood Hospital that will or may be the subject of the City Council Meeting to be held on December 7, 2015.

Please produce public records concerning Lakewood Hospital that will or may be the subject of any reading at the City Council Meeting to be held on December 7, 2015.

Sincerely,

Brian J. Essi
Cell 216-346-3434





From: Brian Essi [Email redacted]
To: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>
Sent: Tuesday, December 1, 2015 12:28 PM
Subject: Agreement With LHA/CCF

Dear Director Butler,

Please produce any signed or unsigned agreement concerning Lakewood Hospital that was or may have been approved or agreed to by Lakewood Hospital Association (LHA) or any committee of LHA and/or the Cleveland Clinic on November 30, 2015.

Brian J. Essi

What a precarious, challenging, high-wire act Mr. Butler is attempting. Trying to hold on to his good name while repeatedly withholding public records .
Careful Mr. Butler, I thought I saw you slip.

So Public records reveal that from August 2014 through December 4, 2014, Kevin Butler had been involved in the Letter of Intent that became the Master Agreement--made public on December 10, 2015, but as of December 4, 2015 he claimed there was not even a draft of the agreement.

Huh?

What did he Really mean by that when he wrote "We are unaware of any such records and do not have any records that would be responsive to your request."?

Mr.Essi, That is shocking conduct from Lakewood's Law Director, Kevin Butler.
The lawyers that I hold in highest esteem believe firmly that at the end of the day all you have is your good name.
Good luck with that Mr. Butler.