Honesty In Local Government V

[Mark Kindt]

A Deeply Flawed Process From Its Very Beginning III

Did Subsidium Healthcare make a written proposal to the City of Lakewood? Yes.

Did Subsidium Healthcare represent that it was acting on behalf of the City of Lakewood? Yes.

Did Subsidium Healthcare provide services to the City of Lakewood or one of its officials acting in his official capacity? Yes.

Was this all in violation of the City of Lakewood Code of Ethics for vendors? Probably.

Was this all outside the supervision of the City of Lakewood's Board of Control? Probably.

Did the financial interests of the City of Lakewood directly suffer as a result of this process? Yes.

The documents to this point demonstrate 1.) conflicts-of-interest that were intractable, and 2.) a process that was outside of the norms of public contracting.

[Mark Kindt]

Why We Need Municipal Reform In Lakewood

In a nutshell, the city council vote on May 7th exemplifies exactly why our city needs municipal reform:

The 5 members of city council that voted in favor of the ordinance (Anderson, Bullock, Litten, O'Leary, O'Malley) all voted despite the existence of a temporary restraining order ("TRO") from the appellate court protecting the status of the Lakewood Hospital building and site.

While the TRO did not prohibit them from voting, incredibly enough, not one of them had the sense to give deference to a court-order that directly protected the assets that they were voting upon.

The consequence of this lack of deference to this court order is to establish a set of facts that will support the continuance of the TRO and the issuance of a preliminary injunction by that court against the city.

Once again, we have council-members (Bullock, Litten) with obvious conflicts-of-interest; both were Lakewood Hospital Association trustees and the ordinance involves the continued implementation of the Master Agreement with the Lakewood Hospital Association.

Once again, we see lawyers for the city filing an affidavit with the appellate court that makes material financial misrepresentations about revenues.

There was an obvious goal to this illusory legislative "emergency" -- to rush the building to demolition to impede the meritorious case of the local taxpayers now on appeal.

In light of the ruling yesterday by the Ohio Eighth Circuit Court of Appeals, it is now clear that these council-members could have given deference to that Court's temporary restraining order by postponing the vote on their "emergency" ordinance to the next council meeting or a future date.

Clearly, that ruling also recognized that there was merit in the taxpayers' case.

However, in determining the issue of "mootness", the Court did not address conflict-of-interest issues that were present during the December 2015 vote and the vote this week. Nor did the Court explore the issue of the Lakewood Hospital Association (who had sitting trustees on city council) expending tens of thousands of dollars to achieve its own liquidation and closure during the Issue 64 campaign.

[Mark Kindt]

Let me simplify my point:

1. Why were Lakewood Hospital Association trustees voting on legislative matters before city council that benefited the Lakewood Hospital Association?

2. Why were Lakewood Hospital Association trustees voting on legislative matters before city council related to the ballot issues that affected Lakewood Hospital Association?

3. Why are former Lakewood Hospital Association trustees still voting on legislative matters before city council related to the City's Master Agreement with Lakewood Hospital Association?

4. Did the Lakewood Hospital Associations trustees sitting on city council object or agree to the expenditure of funds by Lakewood Hospital Association to oppose citizen-led ballot initiatives?

5. Including the Lakewood Hospital Association trustees siting on Lakewood city council (Bullock, Litten, Madigan [thru 2015]), did they or other council members receive political donations from other LHA trustees, CCF trustees or CCF employees, or LHF trustees?

6. Did city council members receiving such contributions then vote on legislative matters before city council that benefited Lakewood Hospital Association, Cleveland Clinic Foundation, or Lakewood Hospital Foundation?

7. Does anyone at city hall have a copy of the Ohio Revised Code? Obviously not.

Even "Google" will confirm this for you:

https://www.google.com/search?q=unlawfu ... e&ie=UTF-8

[Mark Kindt]

Do Conflicts-of-Interest Related To Non-profits Matter?

Of course they do!

https://www.clevescene.com/scene-and-he ... sdemeanors

This former Cleveland city council-member now has a full understanding of the legal risks that Lakewood council-members routinely ignore.

O.R.C. 2921.42 has criminal penalties; lawyers for this former council-member have negotiated a plea-bargain.

[Mark Kindt]

The Mayor And Council Have Been On Notice For Years Of This Legal Risk

They continue to ignore legal risks associated with conflicts-of-interest despite the fact that they were patiently explained to them in writing by the Ohio Ethics Commission in multiple opinion letters (2015).

I advised council-members of these legal risks (and others) in a multi-page letter and encouraged each to seek independent legal advice (2016).

I have written about this issue on the Deck in detail in numerous posts, particularly "Civic Accountability - Honesty In Local Government II." I won't repeat that analysis here.

While some of these conflict-of-interest issues can be complicated, the staff of the Ohio Ethics Commission is available to walk public officials through them.

They can also consult with the Office of the Ohio Auditor of State.

They can consult with their personal legal counsel.

Why take the risk of a future ethics complaint or future prosecution? If you don't believe me, call Mr. Cimperman and seek his opinion.

[Mark Kindt]

The solution is simple:

Read Section 8 of the City Charter.

Comply with Section 8 of the City Charter.

Abstain from voting or recuse yourself from participating in legislative matters where you might have a conflict-of-interest or even the appearance of a conflict-of-interest.

It is all just this simple.

When in doubt about the above, call the Ohio Ethics Commission and get an answer.

Why?

Eliminate any potential risk that you might face under O.R.C. 2921.42.

If you don't believe me, talk with your own attorney.

[Mark Kindt]

Let's Return To The May 7th Vote of City Council I

Why are former Lakewood Hospital Association trustees still voting on legislative matters before city council related to the City's Master Agreement with Lakewood Hospital Association?

Council-members Bullock and Litten, both former trustees of the Lakewood Hospital Association, voted on and voted in favor of the May 7th ordinance that permits the city administration to finalize its contract with its selected developer.

This finalization will involve funds that the city administration will receive under the Master Agreement with the Lakewood Hospital Association for building demolition and site preparation.

Let's keep in mind that each of these council-members were trustees of the Lakewood Hospital Association when the City entered into the Master Agreement with that Association.

Had either of these council-members acknowledged their potential conflicts-of-interest here as former trustees under the City Charter, then it is more than likely that this "emergency" measure would not have passed.

[Mark Kindt]

Let's Return to the May 7th Vote of City Council II

Did city council members who may have received political contributions sourced from LHA trustees, CCF trustees, CCF employees, or LHF trustees then vote on legislative matters before city council that benefited the Lakewood Hospital Association, the Cleveland Clinic Foundation, the Lakewood Hospital Foundation or in any way related to the the Master Agreement or its implementation?

While I do not actually know the specific answers to this question, I raise it to make the point that other council-members may have had conflicts-of-interest on the evening of May 7th when they voted on the ordinance to permit the city administration to proceed with contract negotiations with the selected developer.

I have a hunch, that given these considerations, city council could not have mustered even a simple majority in favor of the May 7th ordinance.

(Obviously, political contributions sourced from the selected developer, its executives, associates, employees, or business partners (if any) would also have had the same affect for city council on May 7th.)

However, each council-member has a legal duty to comply with the City Charter and Ohio law. To ignore that duty is to accept considerable and unnecessary risks.

As I wrote to one council-member, "Frankly, this is a disaster".

[Mark Kindt]

Sentencing for former Cleveland city council-member Cimperman

Elected officials have a fundamental duty to execute their oaths-of-office faithfully, obey the law, and understand and follow principles of government ethics.

https://www.cleveland.com/court-justice ... _on_1.html

[Mark Kindt]

"As I reflect upon the state of our American democracy, I observe a growing crisis in ethics and integrity,” Tillerson told the graduates. “If we do not as Americans confront the crisis of ethics and integrity in our society and among our leaders in both public and private sector — and regrettably, at times, even the non-profit sector — then American democracy, as we know it, is entering its twilight years.”

Sound familiar?

Here's the article:

https://www.politico.com/story/2018/05/ ... ics-591876

[Mark Kindt]

Another quote from Mr. Tillerson:

"If our leaders seek to conceal the truth, or we as people become accepting of alternative realities that are no longer grounded in facts, then we as American citizens are on a pathway to relinquishing our freedom,” Tillerson said. “A responsibility of every American citizen to each other is to preserve and protect our freedom by recognizing what truth is and is not, what a fact is and is not, and begin by holding ourselves accountable to truthfulness, and demand our pursuit of America's future be fact-based.”

[Brian Essi]

Another quote from Mr. Tillerson:

"If our leaders seek to conceal the truth, or we as people become accepting of alternative realities that are no longer grounded in facts, then we as American citizens are on a pathway to relinquishing our freedom,” Tillerson said. “A responsibility of every American citizen to each other is to preserve and protect our freedom by recognizing what truth is and is not, what a fact is and is not, and begin by holding ourselves accountable to truthfulness, and demand our pursuit of America's future be fact-based.”

Mr. Kindt,

You have been one of the most factual, truthful and honest posters here on the Deck, and, therefore, you are an important force in preserving our freedom.

Please keep up your fine writings of freedom and truth.

Tillerson's word are almost biblical in connotation.

"And ye shall know the truth, and the truth shall make you free..."

https://www.loc.gov/resource/rbnawsa.n8216/?st=gallery

Irony:

[Mark Kindt]

There should be an annual "Brian Essi Citizenship & Open Government Award' made every year.

Brian Essi wrote the "Bad Government" series in The Lakewood Observer.

Brian Essi wrote the "Laid Bare" series on The Observation Deck.

Brian Essi and his lawyers have committed countless hours in their successful effort to enforce Ohio public records laws against the City of Lakewood.

Brian Essi is still carrying on that fight.

I have been able to write about these topics, because I have had the benefit of all the work that Brian Essi and his attorneys have done for the past 2 years.

Thank you Mr. Essi!

[cameron karslake]

Thanks to both of you Mr. Kindt and Mr. Essi!

You both have gone above and beyond the call of duty for the average citizen and for that I (and 1000s more in Lakewood) am eternally grateful.

[Stan Austin]

I think that Mr. Kindt and Mr. Essi's involvement on this issue and their obvious personal investment in time have been very specific while at the same time serving as an invaluable civics lesson for all of us.
Stan Austin