Honesty In Local Government V

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Mark Kindt
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Re: Honesty In Local Government V

Postby Mark Kindt » Mon May 21, 2018 2:12 pm

Observations on Lakewood City Council

I have attached a copy of the agenda for tonight's meeting to this post.

1. Can anyone explain why most of these ordinances are being done on an "emergency" basis when there is no identifiable emergency? For example, the Hilliard Theater is an empty lot with grass growing on it. How does a settlement agreement with its owner constitute a public safety emergency? Or any kind of emergency at all?

2. Several of these measures involve the Master Agreement with the Lakewood Hospital Association. Will former members of LHA serving on city council recuse or abstain from voting on these measures or will they actually vote? If they vote, how is this not a conflict of interest in violation of the city charter or Ohio law?
Attachments
DOC5-21-18.pdf
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Mark Kindt
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Re: Honesty In Local Government V

Postby Mark Kindt » Tue Aug 14, 2018 11:04 am

Was There A Duty To Disclose Hospital Changes To Lakewood Residents in 2013?

Council-member Bullock served on the Lakewood Hospital Association Board of Trustees.

In this email, he communicates a press release from the Cleveland Clinic to Ms. Fry of Subsidium and copies it to Mr. Haber and Mayor Summers (both also LHA Trustees).

At what point in time, did Mr. Bullock disclose to the constituents that he was elected to represent that the position of Lakewood Hospital was under review by a third-party consultant?

Did Mr. Bullock have a duty to make such a disclosure?

Here we also witness the Cleveland Clinic investing in Akron, while it is in the process of divesting itself of it contractual obligations in Lakewood.

Keep in mind, that in August 2013, the only option being reviewed by LHA and Subsidium was the plan to close the hospital.

Bullock Email  to Subsidium and Key LHA Board Members 8-22-2013.jpg
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Mark Kindt
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Re: Honesty In Local Government V

Postby Mark Kindt » Tue Aug 14, 2018 12:39 pm

Council-member Juris Is In The Loop, Too

So just how many elected officials know about the plan to close the hospital?

As of August 2013, here's my count:

The Mayor
The President of Council (Madigan)
Council-member Bullock
Council-member Juris

LKWD-PRR158-001972.jpg
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Mark Kindt
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Re: Honesty In Local Government V

Postby Mark Kindt » Tue Aug 14, 2018 12:57 pm

You Be The Judge -- Reasonable or Unreasonable

Now, for a moment, imagine that you reside and vote in Lakewood, Ohio.

In 2013, would it have been reasonable for you to expect that your local mayor and council-members would communicate to the public that they were reviewing (or had actually reviewed) plans to close and demolish Lakewood's community hospital?

Obviously, this is a reasonable expectation for a voter to have.

(Keep in mind, that the architects' plans and descriptions (November 2012) reflecting that closure and demolition have already been posted in this thread.)

Summers, Madigan, Bullock, and Juris all knew that this process was underway.

Were these elected officials being open and transparent to the public in 2013? No.

Did the public benefit from this lack of openness and transparency? No.

Was this lack of openness and transparency consistent with their duties as local elected officials? No.


Brian Essi
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Re: Honesty In Local Government V

Postby Brian Essi » Wed Aug 15, 2018 12:22 pm

Mark Kindt wrote:Council-member Juris Is In The Loop, Too

So just how many elected officials know about the plan to close the hospital?

As of August 2013, here's my count:

The Mayor
The President of Council (Madigan)
Council-member Bullock
Council-member Juris

LKWD-PRR158-001972.jpg



Add these former elected officials to the list as of the Spring of 2010;

Mayor Ed Fitzgerald
Council President Kevin Butler

Both of these elected officials supported CCF's "decanting" plan and never lifted a finger to stop it.


David Anderson has no legitimate answers
Mark Kindt
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Re: Honesty In Local Government V

Postby Mark Kindt » Wed Aug 15, 2018 1:37 pm

So What's The Big Secret?

By August 2013, there is a "knowledge group" of local officials that understood that there was a very, very detailed plan to close Lakewood Hospital in full written form with architectural plans.

Yet, the plan to close the hospital is not made public until January 2015. Seventeen months (or longer) of secrecy.

So let me get this clear. --Are these local officials working for the citizens of Lakewood or are they working for the Lakewood Hospital Association and the Lakewood Hospital Foundation?

If you've read this far, who thinks that these officials had some unique duty to hide the plan to close and demolish the hospital from the public? Not me.

The problem with disclosure was that it would reveal that the process was conflict-of-interest ridden on multiple levels.

The problem with disclosure was that it would reveal a process that was questionable or improper under typical norms of public contract law.

The problem with disclosure was that it would impede fundraising by the Lakewood Hospital Foundation.

The problem with disclosure was that it might impede the questionable solicitation process being conducted by the Clinic's consultant, Subsidium.

The problem with disclosure was that citizens might organize to identify a replacement healthcare system to complete the Lakewood Hospital lease (such as Metro Health System.)

The problem with disclosure was that it might disrupt the plan to sever Lakewood Hospital Foundation funds from dedicated support to Lakewood Hospital.

The problem with disclosure was that it might disrupt the plan to sever the Lakewood Hospital real estate for commercial development.

Well, the hospital is closed, is on its way to the wrecking crane, and the contract for commercial development will be forthcoming.

And, well, some of these elected officials will be running again. Aren't we lucky?


Brian Essi
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Re: Honesty In Local Government V

Postby Brian Essi » Wed Aug 15, 2018 2:11 pm

Mark Kindt wrote:So What's The Big Secret?

So let me get this clear. --Are these local officials working for the citizens of Lakewood or are they working for the Lakewood Hospital Association and the Lakewood Hospital Foundation?


Or...are they working for CCF?

Or...are they currying favor with CCF to feather their own political nests?


David Anderson has no legitimate answers
Stan Austin
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Re: Honesty In Local Government V

Postby Stan Austin » Wed Aug 15, 2018 2:19 pm

Some of these folks who might have had some scheme in mind 8 years ago are now reaching their personal declination without having achieved any actual realization of a 1960's vision for Lakewood. Let's hope that some wiser young folk will be able to clean up the rubble.
Stan Austin


Mark Kindt
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Re: Honesty In Local Government V

Postby Mark Kindt » Wed Aug 15, 2018 2:32 pm

Well, Mr. Essi, we've both practiced law in Ohio for a long-time now -- "ever since rover was a pup" -- as they say.

We both have a very wide experience in the professional, business, and corporate transactional worlds.

We have both written at great length on the hospital transaction. (I have relied upon your diligent efforts to obtain documents. I thank you for that.)

It is one h*ll of a story!


Stan Austin
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Re: Honesty In Local Government V

Postby Stan Austin » Wed Aug 15, 2018 2:47 pm

Could I
presume to state on the behalf of many in Lakewood that to Mssrs. Kindt and Essi----you're only on a coffee break right now. We need you to finish the shift.
Stan Austin


Mark Kindt
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Re: Honesty In Local Government V

Postby Mark Kindt » Wed Aug 15, 2018 2:56 pm

Brian Essi wrote:
Mark Kindt wrote:So What's The Big Secret?

So let me get this clear. --Are these local officials working for the citizens of Lakewood or are they working for the Lakewood Hospital Association and the Lakewood Hospital Foundation?


Or...are they working for CCF?

Or...are they currying favor with CCF to feather their own political nests?


Mr. Essi is correct; this risk is exactly the reason that public officials always have an ethical duty to avoid conflict-of-interest situations.

Stan Austin wrote:Could I
presume to state on the behalf of many in Lakewood that to Mssrs. Kindt and Essi----you're only on a coffee break right now. We need you to finish the shift.
Stan Austin


Mr. Austin, we may yet see some interesting documents arising from the deliberations of the Eighth Circuit Court of Appeals as Mr. Essi continues his litigation. We shall see.


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Jim O'Bryan
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Re: Honesty In Local Government V

Postby Jim O'Bryan » Thu Aug 16, 2018 4:03 am

Mark Kindt wrote:
Brian Essi wrote:
Mark Kindt wrote:So What's The Big Secret?

So let me get this clear. --Are these local officials working for the citizens of Lakewood or are they working for the Lakewood Hospital Association and the Lakewood Hospital Foundation?


Or...are they working for CCF?

Or...are they currying favor with CCF to feather their own political nests?


Mr. Essi is correct; this risk is exactly the reason that public officials always have an ethical duty to avoid conflict-of-interest situations.

Stan Austin wrote:Could I
presume to state on the behalf of many in Lakewood that to Mssrs. Kindt and Essi----you're only on a coffee break right now. We need you to finish the shift.
Stan Austin


Mr. Austin, we may yet see some interesting documents arising from the deliberations of the Eighth Circuit Court of Appeals as Mr. Essi continues his litigation. We shall see.


We are quickly coming on on 3 years since the story broke and 8+ years since the Mayor and friends put their plan into action to divest the City of Lakewood of our largest, and most profitable asset, largest employer, and anchor in DowntowN Lakewood, for a multi use strip mall owned and built by business associates of the ex-Mayor that started the ball rolling.

$178 +million dollar publicly owned asset into almost nothing. An asset generating at least another $20 million in taxes, through various channels and who knows how much income for local businesses, GONE.

And they still desperately fight, drag their feet, lie, hide, intimidate, harass and "clean up small messes" in an effort to keep the facts, the documents and the truth from the residents of Lakewood, Ohio. The very residents they took an oath to serve, protect and be accountable too.,

All one can gather is how bad, and how incriminating those documents must be. They have to be far worst then ever imagined here, or they would have been released by now.

.


Jim O'Bryan
Lakewood Resident

"The very act of observing disturbs the system."
Werner Heisenberg

"If anything I've said seems useful to you, I'm glad.
If not, don't worry. Just forget about it."
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