Lakewood Law Department "Out-Foxes" Courts Again

[Mark Kindt]

Score: Law Department 4 -- Courts 0

When it comes to "out-foxing" the local judiciary, you really have to hand it to the Lakewood Law Department.

In three cases now, they've made fools of the Eighth Circuit Court of Appeals.

1. Completely thumbing their nose at the Ohio public records laws and then sand-bagging the Court with so many "blacked-out" documents that it is beyond the ability of the court staff to make any timely review of those documents -- all while the hospital gets demolished and the statute-of-limitations on conflicts run out.

2. Filing a materially false financial affidavit with the Eighth Circuit as part of the winning strategy in Skindell v. Madigan.

3. Filing a materially false financial affidavit on tax revenues with the Eighth Circuit as part of the winning strategy in the taxpayer litigation to save the hospital.

4. They also made a fool of our local municipal judge by some very "cute" shenanigans that got a case questionably dismissed.

As you know, I take a pretty jaundiced view of all of this, but, when it comes to Lakewood, I have now adjusted my expectations to a much lower threshold.

[Jim O'Bryan]

Score: Law Department 4 -- Courts 0

When it comes to "out-foxing" the local judiciary, you really have to hand it to the Lakewood Law Department.

In three cases now, they've made fools of the Eighth Circuit Court of Appeals.

1. Completely thumbing their nose at the Ohio public records laws and then sand-bagging the Court with so many "blacked-out" documents that it is beyond the ability of the court staff to make any timely review of those documents -- all while the hospital gets demolished and the statute-of-limitations on conflicts run out.

2. Filing a materially false financial affidavit with the Eighth Circuit as part of the winning strategy in Skindell v. Madigan.

3. Filing a materially false financial affidavit on tax revenues with the Eighth Circuit as part of the winning strategy in the taxpayer litigation to save the hospital.

4. They also made a fool of our local municipal judge by some very "cute" shenanigans that got a case questionably dismissed.

As you know, I take a pretty jaundiced view of all of this, but, when it comes to Lakewood, I have now adjusted my expectations to a much lower threshold.

It always begs one question every resident of Lakewood should be asking themselves...

What is City Hall hiding?

It has to be something really bad.

.

[Mark Kindt]

Let Me Speculate A Bit Here

Keep in mind that this is pure speculation at this point.

The City of Lakewood, in its defense of closing the hospital, may have placed the Eighth Circuit Court of Appeals in something of a dilemma.

The court ruled in favor of the city when the taxpayer case to save the hospital was up on appeal.

For months now, a staff attorney (or two) at that court have been studying City of Lakewood documents related to the closure of the hospital.

The content of some of these public documents may be disclosing that the taxpayers' case had serious merit.

And, the staff attorneys at the court may now have an understanding of why the City of Lakewood stone-walled on complying with legal obligations under the Ohio public records laws.

Hopefully, we will see a ruling soon from this court.

[Mark Kindt]

Each City Council Member

Each city council member has a duty to seek the release of these public documents.

How many years should it take for the public to learn the truth about what went down in 2013, 2014, and 2015 regarding the improper process that killed Lakewood Hospital?

City council also owes it to Lakewood citizens to investigate why and how the city administration violated the Ohio public records laws in stonewalling on legitimate public records requests.

[Jim O'Bryan]

Each City Council Member

Each city council member has a duty to seek the release of these public documents.

How many years should it take for the public to learn the truth about what went down in 2013, 2014, and 2015 regarding the improper process that killed Lakewood Hospital?

City council also owes it to Lakewood citizens to investigate why and how the city administration violated the Ohio public records laws in stonewalling on legitimate public records requests.

Hence my comment months ago, that as each day passes they become complicit, in the cover-up. And therefore in the crime.

It is quickly starting to look like it may be time to reevaluate who is serving the residents, and who isn't.

Honesty, Accountability, Transparency seems like it should be the bedrock of every elected official.

Here, the elected officials we have seem at best to care more about the good old boys club, then the people that voted them in.

.

[Mark Kindt]

A Few More Comments

I won't belabor this issue too much more. Here are a few additional comments.

Most of us understand that we have been systematically lied to by the city administration with respect to its successful plan to close the hospital; right down to the city's own annual reports.

If this was such a great public policy course of action, then the city administration and its 2014/2015/2016 council would not have had to hide and misrepresent what they were doing.

The only way we will ever understand how and why the hospital was closed is to see the actual public documents that the city administration is still fighting to keep confidential.

In fact, it is more than likely that we may never know.

Does this reinforce or diminish your confidence in your local government?

It is time for Lakewood to embrace the concept of municipal reform.

Demolished hospital -- what comes next? How would you ever know?

[m buckley]

Each City Council Member

Each city council member has a duty to seek the release of these public documents.

How many years should it take for the public to learn the truth about what went down in 2013, 2014, and 2015 regarding the improper process that killed Lakewood Hospital?

City council also owes it to Lakewood citizens to investigate why and how the city administration violated the Ohio public records laws in stonewalling on legitimate public records requests.

Hence my comment months ago, that as each day passes they become complicit, in the cover-up. And therefore in the crime.

It is quickly starting to look like it may be time to reevaluate who is serving the residents, and who isn't.

Honesty, Accountability, Transparency seems like it should be the bedrock of every elected official.

Here, the elected officials we have seem at best to care more about the good old boys club, then the people that voted them in.

.

Messrs. Kindt and O'Bryan, I just caught this. I could not agree more.
But for those of us keeping score at home my question is this...
Are we including Dan O'Malley when we talk about duty.
When we talk about honesty, accountability, transparency as the bedrock of every public official.
When we talk about what the moment demands, has demanded for too long. Speaking up. Stepping up.
Those public documents being withheld and all the silence that follows.
Dan O'Malley silence.

[Mark Kindt]

Not Playing Favorites Here -- City Council Just Can't Continue To Blow This Off

We lost an invaluable, heritage community hospital through an improper process that was riddled with conflicts-of-interest and multiple misrepresentations.

Once key aspect of that improper process was the decision of the city administration to defend itself by systematic violations of the Ohio public records laws.

After month-upon-month of litigation, the Court finally issued orders against the city administration that resulted in the release of some documents. Those released documents confirmed the conflicts-of-interest and identified other questionable practices.

However, document-after-document was "blacked-out" and the city administration is still fighting to protect those documents from disclosure.

As I have said, previously each member of city council has a duty to Lakewood citizens to investigate and press for the release of these "protected" documents.

The City of Lakewood is headed in the wrong direction and municipal reform needs to begin now.

[Mark Kindt]

Yes, Folks, It Is Really This Simple

The City of Lakewood has established this policy. (I don't make this stuff up.) There is similar language in the city charter. There are State laws, too.

But, in Lakewood we do whatever we want to:

City of Lakewood -- Human Resources Policy -- Long Ignored.jpg (64.23 KiB) Viewed 7194 times

[Mark Kindt]

Follow Link To "Blacked-Out" Documents

For those who have not seen an example of one of the City's "blacked-out" documents, follow this link:

viewtopic.php?f=7&t=24624&hilit=Butler

This particular document has now been secret for years.

[Mark Kindt]

Law Director to Council-members On Issue 64 Referendum

The public is not permitted to see this email exchange between the Law Director and two council-members.

Referendum Black-out 1.jpeg (68.91 KiB) Viewed 7104 times

Referendum Black-out 2.jpeg (69.09 KiB) Viewed 7104 times

Referendum Black-out 3.jpeg (43.75 KiB) Viewed 7104 times

[Mark Kindt]

So, after two years the public is not entitled to read a public policy discussion between council-members and the law director about a public ballot issue.

Let's not forget that during the time-period these emails were written, the law director was also representing Great Lakes Strategies, LLC, a business that was active in advocating the closure of the hospital.

This is another potential conflict-of-interest that needs to be properly examined.

See this link:

https://www.clevescene.com/scene-and-he ... o-election

The documents from the Secretary of State's office all confirm that the Law Director was serving as an agent for Great Lakes Strategies.

This potential conflict-of-interest provides a compelling reason why members of city council should insist upon the disclosure of all redacted documents.

[Mark Kindt]

The Conflict-Of-Interest Is Evident

Here we can see the City Law Director working two potentially conflicting sides of this crucial public issue.

During 2015, in his official capacity, the Law Director is negotiating on behalf of the City with Lakewood Hospital Association and the Cleveland Clinic Foundation on a contract to liquidate and close the hospital.

But, also during 2015, the law director is simultaneously representing a company, Great Lakes Strategies, that is advocating Lakewood Hospital Association’s position to liquidate and close the hospital.

--Quoting the article from the Scene on Great Lakes Strategies’ fake newspaper, Lakewood Neighborhood News:

“The back page of the paper closes with a full-page ad from the Lakewood Hospital Association, the stewards of the hospital currently in favor of the Cleveland Clinic's proposal to demolish the building and build a family health center in its place.”

Attached are copies of public documents from the Ohio Secretary of State that have been previously posted in this forum that expressly establish the Law Director's direct relationship with Great Lakes Strategies, LLC.

[m buckley]

Each City Council Member

Each city council member has a duty to seek the release of these public documents.

How many years should it take for the public to learn the truth about what went down in 2013, 2014, and 2015 regarding the improper process that killed Lakewood Hospital?

City council also owes it to Lakewood citizens to investigate why and how the city administration violated the Ohio public records laws in stonewalling on legitimate public records requests.

Hence my comment months ago, that as each day passes they become complicit, in the cover-up. And therefore in the crime.

It is quickly starting to look like it may be time to reevaluate who is serving the residents, and who isn't.

Honesty, Accountability, Transparency seems like it should be the bedrock of every elected official.

Here, the elected officials we have seem at best to care more about the good old boys club, then the people that voted them in.

.

Messrs. Kindt and O'Bryan, I just caught this. I could not agree more.
But for those of us keeping score at home my question is this...
Are we including Dan O'Malley when we talk about duty.
When we talk about honesty, accountability, transparency as the bedrock of every public official.
When we talk about what the moment demands, has demanded for too long. Speaking up. Stepping up.
Those public documents being withheld and all the silence that follows.

Which leads me to this.
Tristan Rader.
I didn't contribute to your campaign, I didn't work on your campaign, I didn't vote for you,
just to watch you sit with your thumb up your ass on an issue as important as the Law Director of Lakewood witholding public documents.
Kevin Butler's conduct is unethical. There, I said it.
What say you?

[Mark Kindt]

Lakewood Law Department "Out-Foxes Citizens Again

“The court has ruled,” Mayor Mike Summers said. “We are grateful for the ruling and appreciate the effort the court put into its opinion.”

“The city has always taken very seriously its obligation to give the public the records the citizens own and deserve,” said Law Director Kevin Butler. “We feel very strongly that we fulfilled that obligation in this case.”

After three years of protracted litigation, the City of Lakewood lost this case and took three separate adverse orders from the Court and had to produce all of the documents that didn't have a specific shield from disclosure.

This litigation is a clear victory for the right of citizens to see documents that reflect questionable and improper hidden government processes involving conflicts-of-interests with private parties.

The Law Director must read "1984" every night before he goes to bed. These are exactly the people that George Orwell warned us about.