1. Mr. O’Leary had the opportunity and legal obligation to respond to 9 public records requests regarding his campaign claim that he is somehow a “Prosecutor”.
2. Mr. O’Leary failed to produce any records that prove he is a “prosecutor”.
3. Despite having the opportunity to answer questions and defend his claim, he has failed to offer any explanation or statement to back up his claim that he is somehow a “prosecutor”.
Conclusions:
1. Mr. O'Leary failed to back up his claim that he is a prosecutor.
2. Given the startling lack of public records, it is reasonable to conclude that Mr. O'Leary' campaign claim is false and misleading.
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In addition to the 6 records requests served and set forth in the post http://lakewoodobserver.com/forum/viewforum.php?f=7
I also served 4 addition public records requests on the Village of Bratenhal on October 2nd (see below). Mr. O’Leary produced a single record, but that record failed to prove that he served a prosecutor. Here it is:
From: "Sam O'Leary" <soleary@mhglegal.com>
Subject: RE: Records Concerning Sam O'Leary Serving as Prosecutor
Date: October 7, 2019 at 6:34:31 PM EDT
To: "BJESSI@SBCGLOBAL.NET" <BJESSI@SBCGLOBAL.NET>
Cc: "dcooks@bratenahl.org" <dcooks@bratenahl.org>, Dave Matty <dmatty@mhglegal.com>
Mr. Essi,
The Village of Bratenahl's Village Solicitor's Office is assisting the Village with its response to your request.
In response to your request below styled as "BSO2" please find the attached record.
There are no records that are responsive to your remaining requests.
This concludes the Village's response to your requests below.
Regards,
Sam T. O’Leary, Esq.
Matty, Henrikson & Greve LLC
1001 Lakeside Ave. – Suite 1410
Cleveland, Ohio 44114
f: 216-621-1127
http://www.mhglegal.com
This message may contain information that is attorney-client privileged, attorney work product or be otherwise confidential. If you are not an intended recipient, use and disclosure of this message is prohibited. If you receive this message in error, please notify the sender by reply e-mail and delete the message along with any attachments.
From: Brian Essi <bjessi@sbcglobal.net>
Sent: Thursday, October 3, 2019 12:28 PM
To: dcooks@bratenahl.org
Subject: Fwd: Records Concerning Sam O'Leary Serving as Prosecutor
Dear Ms. Cooks,
Please see below, the public records request that I sent yesterday.
If you have any questions, please do not hesitate to contact me.
Sincerely
Brian J. Essi
Begin forwarded message:
From: Brian Essi <bjessi@sbcglobal.net>
Subject: Records Concerning Sam O'Leary Serving as Prosecutor
Date: October 2, 2019 at 7:49:09 AM EDT
To: publicrecords@bratenahl.org
Dear Public Records Custodian,
This communication serves as a public records request. Please provide the records responsive to each request to bjess@sbcglobal.net in an electronic medium (i.e. WORD, PDF, XLS, etc.) and at no cost.
BSO-1. A public record that reflects the first date on which Samual T. O’Leary was retained, employed and served as a prosecutor for the Village of Bratenahl.
BSO-2. A public record or records that reflect the number of hours worked and dates worked by Samuel T. O'Leary as a “prosecutor” for the Village of Bratenahl during the calendar year 2019.
BSO-3. The employment file for Samuel T. O’Leary.
BSO-4. Records reflecting the compensation paid by the Village of Bratenahl for Samuel T. O’Leary’s services as a prosecutor in 2019.
If you have any questions concerning these requests, please do not hesitate to call me at the phone number below.
Sincerely
Brian J. Essi
Summary of Requests Served on October 2nd:
BSO-1. NO public records that reflects the first date on which Samuel T. O’Leary was retained, employed and served as a prosecutor for the Village of Bratenahl.
BSO-2. NO public record or records that reflect the number of hours worked and dates worked by Samuel T. O'Leary as a “prosecutor” for the Village of Bratenahl during the calendar year 2019.
BSO-3. NO Bratenahl employment file for Samuel T. O’Leary.
BSO-4. NO Public Records reflecting the compensation paid by the Village of Bratenahl for Samuel T. O’Leary’s services as a prosecutor in 2019.
Requests Served on Sept 16th:
PRR SO-2. NO employment files for any municipality, county or political subdivision in which Sam O’Leary is or has been employed as a prosecutor in the calendar year 2019.
PRR SO-3. NO public records indicating Sam O’Leary actually served as a “prosecutor” during the calendar year 2019 in the cases listed on the single Sam O’Leary did produce.
PRR SO-4. NO public records that Sam O’Leary served as a “prosecutor” during the calendar year 2018.
PRR SO-5. NO public records indicating Sam O’Leary actually served as a “prosecutor” during August, 2019.
PRR SO-6. NO public records indicating Sam O’Leary actually served as a “prosecutor” during September, 2019.
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