City Council Member Contacts Ohio AG re/ Lakewood Hospital Debacle!

[Jim O'Bryan]

Suggestion: Maybe someone could set up an informal conversation with some of the council good "guys" (with apologies to Meghan George) to discuss this. If it's an evening meeting, I'll try to be there.

Dan

I have learned it is pointless to talk to some of them without having their advisors present. Say one thing then change when their advisors think it would be against their political futures to do what you thought was going to be done.

I wish they had put that in the political mailings instead.

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[Mark Kindt]

The Duties of Local Elected Officials

1. Perform your duties consistent with your Oath of Office;

2. Perform your duties consistent with the Third Amended Charter;

3. Perform your duties consistent with local, state, and federal law;

4. Perform your duties consistent with your fiduciary obligations;

5. Perform your duties without conflicts-of-interest;

6. Perform your duties with honesty, integrity, openness, transparency, and accountability;

However, citizens expect more than this.

1. If you witness waste, fraud, and/or abuse with respect to public assets or public rights, you need to object to other local officials.

2. If those other local officials fail to redress such waste, fraud, and/or abuse, you have a duty to carry your objection forward to other enforcement officials.

3. If citizens come to you with public documents illustrating waste, fraud, and/or abuse, you have a duty to take these complaints seriously, object to other local officials, and, if without redress, carry your objection forward to other enforcement officials.

Let me take a moment to commend State Senator Mike Skindell, former Congressman Dennis Kucinich, and other former public officials who did step-up and make complaints

[Jim O'Bryan]

The Duties of Local Elected Officials
1. Perform your duties consistent with your Oath of Office;
2. Perform your duties consistent with the Third Amended Charter;
3. Perform your duties consistent with local, state, and federal law;
4. Perform your duties consistent with your fiduciary obligations;
5. Perform your duties without conflicts-of-interest;
6. Perform your duties with honesty, integrity, openness, transparency, and accountability;

However, citizens expect more than this.
1. If you witness waste, fraud, and/or abuse with respect to public assets or public rights, you need to object to other local officials.
2. If those other local officials fail to redress such waste, fraud, and/or abuse, you have a duty to carry your objection forward to other enforcement officials.
3. If citizens come to you with public documents illustrating waste, fraud, and/or abuse, you have a duty to take these complaints seriously, object to other local officials, and, if without redress, carry your objection forward to other enforcement officials.
Let me take a moment to commend State Senator Mike Skindell, former Congressman Dennis Kucinich, and other former public officials who did step-up and make complaints

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[Jared Denman]

1. Have you asked them first? Why not? They live right here in Lakewood. They have e-mail, phone numbers, social media accounts, etc. What is it about directly contacting these members of council that's so daunting as to instantly snuff Deckers' professed great concern with these issues?

2. The belief that there is some kind of duty of council members to light the beacons of Gondor because only then can fill-in-the-blank agency descend upon Lakewood and cleanse the city of sin is approaching urban legend status. To my knowledge I am one of the only people who actually has examined this premise, and reported the results.

Both the state AG's office and the Ethics Commission informed me during a phone conversation that they cannot initiate an investigation without a letter of request from ONE councilmember or the chief of police.

As the above differed fundamentally from what I have been told by two legal professionals whom I regard very highly, I contacted these same agencies today. While I don't know exactly what question may have been posed to them by anyone else, I described the above statement to them, and asked if it is correct.

The person I spoke with at the Ohio Attorney General's office said that the AG is generally prevented from investigating a local government entirely on his own initiative, owing to Ohio's home rule doctrine. But he pointed to the local county prosecutor as the appropriate official to invite in AG investigation. Members of city council, from what he told me, do not have any special authority in relation to the AG's ability to investigate a local government.

The person I spoke with at the Ohio Ethics Commission gave a simpler answer, which is that the OEC evaluates complaints, not the office of persons making complaints. He said that there is definitely not any requirement for a request by either a city council member, or a chief of police, anywhere in their process.

This summary represents my conversations, as faithfully as possible, with one person to whom I spoke at each of the agencies in question. It's obviously not legal advice, and for those who want more direct official sources, it's probably best to visit the web sites of the OEC and AG, yourself.

No surprise, when I did so, no response followed—in that thread. Yet several weeks later, those inconvenient and awkward points having slid down into the archives, here it comes again.

3. Has any individual desirous of an investigation subsequently contacted the OEC, or the county prosecutor? Has anyone called them out online? Why not?

4. Has every person posting here in the belief that some or other agency should investigate Lakewood government personally contacted any agency to request an investigation? Why not? Have they obtained any statement or actual evidence that any agency would assign additional, greater importance to a request by a city council member than to the request of a private citizen? Have they published that evidence? Why not?

5. The reason why I think that these issues need to be better substantiated is because without some actual reason for declaring that "write a letter to ___" is a test of integrity, it becomes an endless and unpassable test. Already the Ohio AG, the OEC, the Auditor and the US DOJ have been added to the checklist. Will council members be questioned for failing to present a letter that they wrote directly to the US Attorney General? To the UN? The ACLU? 60 Minutes? What about a letter to his holiness the pope? He's a very important figure who could draw a lot of attention to Lakewood issues; does the fact that zero council members have presented documentary evidence that they appealed to the pope mean that they don't care, that they have sold out? Does this require investigation itself?

Enough. I'm all for questioning, but it's time that others who purport to feel the same way recognize the difference between serious questioning and online virtue-signalling. One involves actual communication with the people about whose activities you have concerns. The other involves posting in online forums about how "to my knowledge" they have not passed some test of integrity that is derived exclusively from popular rumor.

This doesn't seem complicated to me, but maybe that's a blind spot. If Lakewood needs some kind of workshop or seminar in how to pursue civic engagement beyond message-board polemic, I'll see what can be done.

It is my observation that this is why City Hall continues to win the battle of minds. The mobilized minority is too busy squabbling about unimportant details and sarcastically dismissing each other. Two points:

1) Myself and at least two other Lakewood citizens have contacted state and national authorities and explained the situation here with the intent of a full investigation by an outside entity but seemingly to no avail.

2) Based on the above report, the state AG and the OEC require someone other than concerned John Q. Citizen to begin an inquiry. Either way the fact remains that the people have no direct recourse. A letter from two City Council members would carry more weight than say myself from writing in.

[Bridget Conant]

A letter from two City Council members would carry more weight than say myself from writing in.

I think this is an important point.

If a sitting City Council member, or members, requested a review I think it’s more likely the “authorities” would address the issue.

On the other hand, Kucinich and Skindell, I believe, both requested reviews from federal and state agencies, to no avail.

Part of me cynically thinks all levels of government are permeated by a need to keep the status quo so as to not disturb the protections from scrutiny they all enjoy

[Nadhal Eadeh]

Jared/Mark,

This has been a good discussion. Let me give you some insight into how the federal government works. I have worked among very senior federal officials in Washington D.C. I have spent over a decade working for the largest healthcare provider in the country.

1. When complaints of malfeasance, fraud or corruption is received by an ordinary citizen, it is less likely to receive complete attention.

2. When a congressional representative or a United States Senator writes a letter, the entire bureaucracy moves.

These are basic laws of power and influence.

I have reached out to Senator Sherrod Browns Office, Marcy Kapturs Office, Rob Portmans Office and various federal agencies. I have not received an adequate response.

I’m dissapointed in the newly elected council members as well. Both hospital referendums were decided at nearly a 50/50 outcome. When the wrecking ball hits Lakewood Hospital, people will ask why? How did an institution that has been in the Lakewood for over 100 years get liquidated for absolutely nothing?

Save Lakewood Hospital and anybody who is opposed to the closure should direct all of their resources towards engaging the Department of Justice and the Ohio Attorney Generals Office. Agencies respond to public pressure.

I know of two current members of council who will run for mayor next year. Both of them have failed Lakewood on this important issue.

Nadhal

[Bridget Conant]

I know of two current members of council who will run for mayor next year. Both of them have failed Lakewood on this important issue.

O let’s guess who?

[Mark Kindt]

More On The 2013 Lakewood City Council

As early as August of 2013, members of the Lakewood City Council understood that there was an active plan underway to close Lakewood Hospital.

Did any of them (or the mayor for that matter) communicate this fact to their constituents?

Why was this kept a secret from the public (except for the insiders participating in the process)?

Why are we electing individual to serve on city council who would not (will not) honestly communicate to the citizens about the biggest issues facing Lakewood?

This week I will post documents that will substantiate my observations here. Once you read the documents, you can reach your own conclusions.

Mr. Denman, I point you to these two documents. Please look for others.

LKWD-PRR158_001473 and LKWD-PRR158_001972

[Dan Alaimo]

Suggestion: Maybe someone could set up an informal conversation with some of the council good "guys" (with apologies to Meghan George) to discuss this. If it's an evening meeting, I'll try to be there.

Dan

I have learned it is pointless to talk to some of them without having their advisors present. Say one thing then change when their advisors think it would be against their political futures to do what you thought was going to be done.

I wish they had put that in the political mailings instead.

.

Just getting back to this now

If what Jim says is correct, that's pretty appalling and definitely not what I voted for. The malfeasance demonstrated here is clear enough to me and I would think to anyone else with an open mind. So what are they waiting for?

[Bill Call]

Since I am not a politician I do not know why remaining silent in a corrupt political environment is good politics.

Mary Louise Madigan gave us a clue a few months ago. When a County employee came forward with credible evidence of incompetence and corruption he was publically attacked and then suspended. Madigan simply stated that "he could not be trusted".

When you or I say "he could not be trusted" we mean "he" is somehow dishonest. When Madigan and her ilk say "he could not be trusted" she means he cant' be trusted to keep his eyes closed and his mouth shut.

I think remaining silent is bad politics and bad for the City.

[Mark Kindt]

Citizen criticism needs to be vocally directed at the current city administration and the five council members that support it -- Anderson, Bullock, Litten, O'Leary, O'Malley.

Council-members Rader and George are the breath of fresh thinking that we really need now. Let us encourage their independence, not chastise it.

In cleaning-up Lakewood, we are on our own.

Regardless of the current Ohio Attorney General (2018) or the future Ohio Attorney General (2019), they will not examine issues related to the governance of Lakewood.

I am sure of this because, as a former Assistant Attorney General and Deputy Attorney General, my communications with Attorney General DeWine's office were completely ignored.

Why? One reason is that the AG's office was on the same side of the case as the Cleveland Clinic in the taxpayer's litigation.

Others also complained without effect. Pretty much the same with the Ohio Auditor of State.

[Jim O'Bryan]

Citizen criticism needs to be vocally directed at the current city administration and the five council members that support it -- Anderson, Bullock, Litten, O'Leary, O'Malley.

Council-members Rader and George are the breath of fresh thinking that we really need now. Let us encourage their independence, not chastise it.

In cleaning-up Lakewood, we are on our own.

Regardless of the current Ohio Attorney General (2018) or the future Ohio Attorney General (2019), they will not examine issues related to the governance of Lakewood.

I am sure of this because, as a former Assistant Attorney General and Deputy Attorney General, my communications with Attorney General DeWine's office were completely ignored.

Why? One reason is that the AG's office was on the same side of the case as the Cleveland Clinic in the taxpayer's litigation.

Others also complained without effect. Pretty much the same with the Ohio Auditor of State.

Mark

While I know you feel you have done all you can, I would encourage others to continue to write and contact the State AG's office. Sometimes a small voice can become a loud roar with others joining in. It is amazing how many care more about a dog than honest, accountable, transparent government.

Also one of the real issues in the past on this entire deal was the fight with the Clinic, when the real villians and the only people we could actually hold responsible were LHA, the agent of record in running the hospital, and our elected officials who completely shrugged their fiduciary duties to the people of Lakewood.

Which is another reason why it is so disappointing that it would seem only one lone council person cares about looking into this maleficence by elected officials. I know of 4 Council members that have run on accountability and honesty. One is Tom Bullock who know one ever expected to keep his campaign promises, but to see only Councilwoman George rise to keep her word is more than a bit disappointing.



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[Mark Kindt]

Mr. O'Bryan, I call "b*llsh*t" on your post above.

Both Council-member George and Council-member Rader voted against the giveaway and land-grab on May 7th. George and Rader voted against a portfolio of proposed multi-million public subsidies that included demolishing and giving away Lakewood Hospital to the city's selected developer.

I commend them both for their wisdom, integrity and courage on that vote.

Five other council-members voting, into the teeth of a temporary restraining order that protected the hospital, voted in favor of the demolition, the giveaway and the land-grab; several of whom were voting with conflicts-of-interest that night (Bullock, Litten).

Actions speak louder than words. Council-member Tristan Rader did the right thing that night.

If the goal here is to beat-up on newly-elected local officials who have the courage to act independently, then my suggestions for municipal reform are truly a waste of my time and the readers of this Forum.

[Bill Call]

If the goal here is to beat-up on newly-elected local officials who have the courage to act independently, then my suggestions for municipal reform are truly a waste of my time and the readers of this Forum.[/i]

Excellent point. The majority of Council has gone along with this corrupt deal. There is no point in beating up council members who oppose corruption in government just because they can't get the majority to join them. George and Tristan deserve out support. The next election will give us the opportunity to get a clean government majority on Council.

If the Attorney General was interested in investigating this issue the Attorney General would investigate it. The State Auditor had no problem investigating this:

https://www.cleveland.com/strongsville/ ... ating.html

[Jim O'Bryan]

Mr. O'Bryan, I call "b*llsh*t" on your post above.

[/i]

Likewise brother on your post.

You know that behind the scenes, no one has asked for any independent information or oversight on any of this.

I only know of one council person that has asked for documents, and demanded sunshine in all meetings since she has been on.

I only know of two council people actively working behind the scenes, on getting some of this information out and stop some of the issues that arose from it.

Voting no, on something that was going to pass doesn't take anything out of the ordinary.

Demanding honesty, transparency and accountability does.

I only know of two doing that, and only one was recently elected.

As far giving up, I only know one person preaching that.

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