The Observation Deck

So City Council and Kevin Butler claim in the attached "Motion to Excuse" that "Ordinance 49-15 is likely the most openly deliberated ordinance in the City’s history." But Defendant Sam O'Leary testified that there were no deliberations on Ordinance 49-15 until December 7, 2015. And it was passed on December 21, 2015 after just three short Council meetings where Defendants O'Leary, Marx and Nowlin declared, without any evidence or discussion whatsoever, that the major rationale for passage of the Ordinance was it was "the only way to ensure uninterrupted emergency room services.."

The public record is clear that there was no evidence ever presented before, during or after December, 2015, that this was "the only way"--According to one Council member it was simply the "easier button" as apposed to true due diligence on other options.

After secretly deliberating over (or not deliberating at all over) their "Motion to Excuse" their attendance at a mediation, 5 Council members and 2 former Council members declared in that motion:

"City Council rightly has grave concerns about its members coming together behind closed doors with the Court’s mediator and Appellant to discuss whether there can be any resolution to this appeal in light of the very public process by which Ordinance 49-15 was enacted."

Grave concerns about meeting with a sitting Senator and a Court appointed mediator pursuant to a Court order?

If Ordinance 49-15 was "The Most Openly Deliberated Ordinance in the City’s History" giving away over $100M after grand standing lip service declarations without any evidence, then we should all be concerned about how little deliberation is occurring over such other important Council matters, e.g. the 2017 Budget "Hearings."

They are concerned that it would appear they are meeting behind closed doors if they attend a hearing?

That is so laughable it's sick. As sick as claiming that residents interested in the case and talking about it publicly are POLITICIZING it and using that as some lame excuse for why they shouldn't have to appear at COURT ORDERED mediation.

Correct me if I am wrong, but court records are public. Even a court hearing has a transcript that is available (for a price) to the public. Why would this hearing be any different?

They are flailing about trying to squirm out of any responsibility for their actions.

Actually, mediations are confidential--nothing said during a mediation can be used in the case--this is designed to produce good faith compromises and settlement discussions.

However, if there is a settlement agreement, that would likely be public.

Good to know. Thanks for the info.

It still doesn't preclude them from attending the hearing as defendants in a lawsuit.

If you piss off the Mayor.
If you are publicly vocal about saving the hospital.
If you are vocal about telling Lakewoodites about the alleged crooks running city hall.
If you are trying to save the hospital.

It will go nowhere in Cuyahoga County Courts.
It appears that Armond Budish is allegedly letting Summers and Extended Company use the Cuyahoga County Court system for their personal vendettas.

I allege that O'Donnell is a part of the Extended Company. I also allege that Judges Russo, Freidman and Williams are also in on all this.

Perhaps a call to Loretta Lynch is in order!

Bridget Conant wrote:They are concerned that it would appear they are meeting behind closed doors if they attend a hearing?

That is so laughable it's sick. As sick as claiming that residents interested in the case and talking about it publicly are POLITICIZING it and using that as some lame excuse for why they shouldn't have to appear at COURT ORDERED mediation.

Correct me if I am wrong, but court records are public. Even a court hearing has a transcript that is available (for a price) to the public. Why would this hearing be any different?

They are flailing about trying to squirm out of any responsibility for their actions.

"They are concerned that it would appear they are meeting behind closed doors if they attend a hearing".

Brilliant.
A truly audacious level of crap.
Goodbye to the old stratagem: "We Are, What We Say You Are."
Changing times. Changing challenges.
Roll out the new boss, the revolutionary concept of: "We Are Not, Who We Are!"
Mr. O'Leary, Mr. Anderson, You are the closed door. You are the shadow government. Your lair is the backroom.

There was really nothing open or public about this process.

The Mayor and his supporters planned for and negotiated this deal in secret over a six year period. Council negotiated and planned this deal in executive session and other secret meetings. Council woman Madigan announced that the Council voted to close the hospital before three readings and before the public vote. If that is not a violation of the law then nothing is.