The Observation Deck

Thank you for pulling the recent publication and eliminating the electronic article with the erroneous headline and report and reprinting the paper.

No court involved in the Sunshine Law case brought against Council by Sen. Skindell ever issued any order finding that Lakewood violated any Sunshine Laws. Period.

The one and only finding was favorable to the City. As I have posted here before, Judge Friedman wrote: "The court finds that the executive sessions were not unlawful in that there has been no evidence presented that any deliberations occurred or actions taken in violation of R.C. 121.22(A). Further, any deliberations that took place were expressly permitted in the light of the pending lawsuit CV-15-846212 before Judge John P. O'Donnell."

This is the ruling. Unfortunately, Sen. Skindell chose to withheld from his article the fact there was a ruling on his lawsuit and that he had lost.

Sincerely, thank you, Jim, and my pledge/offer to you still stands.

David Anderson
Member of Council - Ward One

I would encourage Council-member Anderson to meet with and discuss this with his own personal attorney and review with him some of the actual documents in Skindell v. Madigan.

As an attorney with 38 years of practice behind me, much of it in government service, I have reached several conclusions about Skindell v. Madigan:

1. The City Law Director made an intentional decision to violate the Ohio Sunshine Laws relating to the production of public records, while this case was in the courts.

2. The city denied public records to Mr. Essi in his public interest records case.

3. Had the law been complied with, public records would have been timely produced that would have provided substantial evidence of the violations of the Open Meeting Laws as alleged by State Senator Skindell.

4. Some of this is reflected in an affidavit filed in the Skindell case. The City's attempt to have the court strike this affidavit was denied. The affidavit is based on the City's own documents.

5. Some judges believed that there should have been further proceedings in the Skindell v. Madigan case.

6. Review the trial testimony of the president-of-council against your own knowledge of the state of the Master Agreement and reach your own conclusion about whether that trial testimony was credible.

7. Review the affidavit of the Finance Director against your own knowledge of the Master Agreement and reach your own conclusion about whether that affidavit was credible.

Let's keep in mind that four separate public interest lawsuits have been brought against the City of Lakewood recently. Yes, Skindell v. Madigan has been dismissed. It is hardly a vindication for the City.

It sheds a shabby light on the performance of the 2015 city council and an even shabbier light on the performance of the city's legal function.

(Of course, compliments are owed to the Lakewood Observer for its timely correction of a story related to that case. They took the high road.)

David Anderson wrote:No court involved in the Sunshine Law case brought against Council by Sen. Skindell ever issued any order finding that Lakewood violated any Sunshine Laws. Period.

Sincerely, thank you, Jim, and my pledge/offer to you still stands.

David Anderson
Member of Council - Ward One

David

Thank you for the discussions during this incident. While I was technically wrong, the City's release was not only over the top but filled with hyperbole and editorializing which is better suited to a paper, than the "NEWS" section of the community website.

All Senator Skindell was doing was trying to protect the community's assets to a far greater extent than our elected officials/fiduciary agents or LHA ever tried.

There was no reason to tar and feather him in the City's press release. He has served this community through honest and hard public service more than anyone currently at City Hall.

Not only did he come late to the discussion, as we all did, but his choices in slowing down and/or examining the issues honestly and fairly were limited by the time the loss came to light, and actions were being taken.

Your single biggest fear through the entire debacle was what if Lakewood ends up with nothing, and I can promise you his worries were the same and worse.

I appreciate your pledge and offer that looking forward City Hall will be more open and honest. I look forward to many of the documents being produced that should no longer be kept from the public. Nothing is going to bring the hospital back, and the die is cast for the foundations, but we must put this behind us to seize the moment and the best way to heal is through understanding of what happened so it never happens again.

A good first step would be an outside audit, so that we can move on. You said nothing was done wrong, Kevin Butler and Mayor Summers said nothing was done wrong. You said you have been vindicated, I think we would all love to believe that, it is time while things are moving along for that audit. So we can finally move on to the actions and discussions of the very serious issues at hand.

I would also love to see those records on employee computer uses we have spoken about, that the City continues to fight the release of.

Again, I have taken a baby step towards bringing sides together, is it now time for the City Administration to take a step towards accountability as well. We need to put the days of fighting this out in court behind us, and work together as Administration and residents to make sure we never need the courts again.

Finally, as you know I took the step, with quick action, above and beyond what was legally required or needed to underline that the Lakewood Observer has and always will be accountable for what we say and do. Without the need of court actions or threats of court actions. That as adults, and the community paper that is dependent for community respect and trust, we are willing to go overboard to keep our honesty and credibility at the forefront of people's minds when they think of the Lakewood Observer. I know you want the same for City Hall and Council.

With this upcoming sunshine week why not have City Hall celebrate, and end the lawsuits by releasing the documents and working together as the law demands to produce documents, and if there are questions err on the side of openness and accountability. Sit down with the person as City Hall with me to understand what is requested and then if still needed or warranted produce it. Let's declare the war over, and move into the future together.

This city and City Hall has made the mistake of asking for more honesty and credibility from private businesses than from City Hall. The truth and the law is just the opposite. Let's make it equal for all. I have taken the step to equalize it for both, David please invite City Hall to join with us.

Thanks again for your help, and your promise to move these agendas forward for all of Lakewood.

.

Pardon me while I puke.