LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

This is a storage area for FACTS that have been found during the two year fight with City Hall for Public Documents. These are being posted for reference and historical purposes only. We encourage any conversations about these documents n "Lakewood General Discussion." Here you will find the Highlight the lie, with the document proven the lie.

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Brian Essi
Posts: 2404
Joined: Thu May 07, 2015 11:46 am

LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Brian Essi » Fri Sep 08, 2017 11:19 am

1. The Sunday December 6, 2015 email below was recently produced as a public record per a Court Order and documents yet another Open Meetings Act violation by the 2015 Council. Note the highlighted admission by Butler that he orchestrated non-public meetings with Council that were never noticed---meetings that Butler and O'Leary told the Courts never occurred.

2. Councilman O’Leary stated at the December 7, 2015 press conference: “This new agreement funds our future and a vibrant new downtown district. Specifically, this agreement means the Cleveland Clinic will invest $34 million in a new modern family health center and emergency department…demolishing the old parking garage is part of the agreement.”
https://www.youtube.com/watch?v=lChNMhrAXCk

3. On December 21, 2015, O’Leary testified concerning the Master Agreement: “That agreement didn’t exist yet so it wasn’t being deliberated.” (Tr. 63:12-13-- Note: references to Tr. ___ will be references to the Transcript of the December 21, 2015 hearing in Skindell v Madigan which is attached.) “The agreement that was announced on December 7th did not exist when it was announced and, therefore, it is correct to say the council had not deliberated on the definitive agreement that wasn’t in existence yet, absolutely.(Tr. 63:18-22). but hold the phone--I will be presenting a plethora of public records that show O'Leary and the 2015 Council participated in deliberations for months leading up to his testimony.

4. Butler was present at Mr. O’Leary’s December 21, 2015 testimony and served as his attorney in that proceeding, in the Court of Appeals, and now in the Ohio Supreme Court.

5. Note below that Butler attempted to shield the December 6, 2017 as "Privileged and Confidential" and in May 2017, Butler, on behalf of O'Leary et al, told the Ohio Supreme Court that what they hid from the public was LAID BARE to us in November, 2016.

6. But the record was not LAID BARE until recently.


Dec 6 2015 Butler Confirms Sunday Meetings.pdf
(413.83 KiB) Downloaded 345 times


LKWD - KOREY000509
From: Eileen Korey <ek@eileenkorey.com>
Sent time: 12/06/2015 10:51:02 PM
To: Butler, Kevin <Kevin.Butler@lakewoodoh.net>
Subject: Re: Key messaging documents
Thanks!!!

Sent from my iPhone
2164708737
On Dec 6, 2015, at 9:35 PM, Butler, Kevin <Kevin.Butler@lakewoodoh.net> wrote:
FYI.

Kevin M. Butler, Director of Law
City of Lakewood | Law Department
(216) 529-6034
kevin.butler@lakewoodoh.net

From: Butler, Kevin
Sent: Sunday, December 06, 2015 9:35 PM
To: Summers, Mike; Anderson, David; Bullock, Tom; Juris, Shawn; Madigan, Mary; Marx, Cynthia; Mary Louise Madigan
(mlmadigan9@hotmail.com); Nowlin, Ryan; O'Leary, Sam

Cc: McEwen, Colin; Siley, Dru; Pae, Jennifer; Smyers, Robyn Minter (Robyn.Smyers@thompsonhine.com); Cathryn E.
Greenwald (Cathryn.Greenwald@ThompsonHine.com)
Subject: Key messaging documents

Privileged and confidential communication

Mayor, Councilmembers,

Thanks for participating in some very thorough meetings over the course of the day.

Attached are four documents prepared by Colin and Eileen with my input. They are:
1. Draft Monday schedule, including timeline of emails, media briefing, release of documents
2. Draft Media Release, which is to be posted on the city's website, along with link to Key Points document (in your
words)
3. Key Points document (in your words)
4. Revised draft of the FAQ's, which will not be posted yet, but can be used as a guide to answer questions as the
roll‐out continues

A reminder from Eileen to all of you: Please prepare your own comments in writing (for verbal delivery at the
media briefing, about a minute in length), and forward those comments to me and Colin. If you would like
Eileen’s assistance, please call her directly at (216) 470‐8737. Colin or Eileen may reach out to you tomorrow if
they haven’t heard from you first.

Tomorrow I will send the finalized version of the Key Highlights of Master Agreement that would be attached to
the add‐on ordinance as an exhibit at the meeting tomorrow, as well as the ordinance itself.

Best wishes,
Kevin
Kevin M. Butler
Director of Law
City of Lakewood | Law Department
12650 Detroit Road
Lakewood, OH 44107
(216) 529-6034
(216) 228-2514 fax
kevin.butler@lakewoodoh.net
http://www.onelakewood.com
<Monday schedule (rollout).docx>
<DRAFT press release 12-6-15 (EK revisions).docx>
<Key Points 12-7-15.docx>
<FAQs for public 12-7-15.docx>

LKWD - KOREY000510
LK


Pae is unfit for council. Pae made false statements to the Court and the public about city finances. City risks more lawsuits if Pae appointed.
Lori Allen _
Posts: 2550
Joined: Wed Jan 28, 2015 2:37 pm

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Lori Allen _ » Fri Sep 08, 2017 12:51 pm

Brian,

Wow, this got buried in a hurry! I hope Mr. Summers is not patrolling the Deck again. He doesn't appear to be performing the duties of mayor, but has he ever?

In regards to Mr. Butler, his incessant conduct of lying and questionable behavior makes me believe he should be censured by the bar association. Perhaps complaints need to be filed.


Kate McCarthy
Posts: 455
Joined: Mon Jun 20, 2005 1:25 pm
Location: Lakewood

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Kate McCarthy » Fri Sep 08, 2017 1:06 pm

Unbelievable. I've long felt that December 7 presser marked a new low for Lakewood City government and all who participated in it should never hold a public office ever again. I ask that people again look at this thread and Mr. Anderson's repeated denials that sunshine laws were broken and that council did anything wrong. And he's supposed to be the good guy. :(

http://lakewoodobserver.com/forum/viewtopic.php?f=7&t=23556&hilit=off+script&start=15

Mr. Anderson is not the only councilperson denying they violated open meeting laws. I've pointed to this presser as problematic in conversations with Lakewood friends and neighbors and they all have gone back to their favorite council member and they all get the same denials and that council is very careful not to violate open meeting laws.

So they win a case by lying in court. I hope they all feel very proud of themselves while running for reelection.


Lori Allen _
Posts: 2550
Joined: Wed Jan 28, 2015 2:37 pm

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Lori Allen _ » Fri Sep 08, 2017 1:44 pm

It's not very difficult for City Hall to win their cases when lying is combined with Mr. Summers' apparent relationship with Cuyahoga County officials.

I can recall Mr. Anderson coming on the Deck in order to defend City Hall's actions. I wonder where he has been now that this evidence is coming out. Perhaps he has lawyered up! :D


Brian Essi
Posts: 2404
Joined: Thu May 07, 2015 11:46 am

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Brian Essi » Sat Sep 09, 2017 4:49 pm

Kate McCarthy wrote:Unbelievable. I've long felt that December 7 presser marked a new low for Lakewood City government and all who participated in it should never hold a public office ever again. I ask that people again look at this thread and Mr. Anderson's repeated denials that sunshine laws were broken and that council did anything wrong. And he's supposed to be the good guy. :(

http://lakewoodobserver.com/forum/viewtopic.php?f=7&t=23556&hilit=off+script&start=15

Mr. Anderson is not the only councilperson denying they violated open meeting laws. I've pointed to this presser as problematic in conversations with Lakewood friends and neighbors and they all have gone back to their favorite council member and they all get the same denials and that council is very careful not to violate open meeting laws.

So they win a case by lying in court. I hope they all feel very proud of themselves while running for reelection.


Great Post!

David Anderson wrote:Kate McCarty -

My "off script" comment was a personal characterization of what I knew was is my remarks compared to what my colleagues stated before me that evening as well as the month prior. I was not handed a script and was not asked for my written comments in advance. It was an off the cuff comment and I can see why you interpreted it the way you did.

David Anderson


But from above Butler wrote Anderson the night before: "A reminder from Eileen to all of you: Please prepare your own comments in writing (for verbal delivery at the media briefing, about a minute in length), and forward those comments to me and Colin."

S, there was no script Mr. Anderson?

Ouch!


Pae is unfit for council. Pae made false statements to the Court and the public about city finances. City risks more lawsuits if Pae appointed.
m buckley
Posts: 673
Joined: Mon Sep 15, 2014 12:52 pm

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby m buckley » Sat Sep 09, 2017 6:34 pm

Brian Essi wrote:
Kate McCarthy wrote:Unbelievable. I've long felt that December 7 presser marked a new low for Lakewood City government and all who participated in it should never hold a public office ever again. I ask that people again look at this thread and Mr. Anderson's repeated denials that sunshine laws were broken and that council did anything wrong. And he's supposed to be the good guy. :(

http://lakewoodobserver.com/forum/viewtopic.php?f=7&t=23556&hilit=off+script&start=15

Mr. Anderson is not the only councilperson denying they violated open meeting laws. I've pointed to this presser as problematic in conversations with Lakewood friends and neighbors and they all have gone back to their favorite council member and they all get the same denials and that council is very careful not to violate open meeting laws.

So they win a case by lying in court. I hope they all feel very proud of themselves while running for reelection.


Great Post!

David Anderson wrote:Kate McCarty -

My "off script" comment was a personal characterization of what I knew was is my remarks compared to what my colleagues stated before me that evening as well as the month prior. I was not handed a script and was not asked for my written comments in advance. It was an off the cuff comment and I can see why you interpreted it the way you did.

David Anderson


But from above Butler wrote Anderson the night before: "A reminder from Eileen to all of you: Please prepare your own comments in writing (for verbal delivery at the media briefing, about a minute in length), and forward those comments to me and Colin."

S, there was no script Mr. Anderson?

Ouch!


David (reams of bullsh*t) Anderson.


" City Council is a 7-member communications army." Colin McEwen December 10, 2015.
Kevin D Young
Posts: 48
Joined: Sat Oct 24, 2015 7:07 pm

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Kevin D Young » Sun Sep 10, 2017 12:18 am

As I read these posts, it brought to mind this video of one of Essi's many speeches at council. The camera pans the councilpersons as Essi speaks. Look at the body language. With the perspective we now have, what does it tell us? The pan begins at 2:19.

https://www.youtube.com/watch?v=S9cYq10OJ00

This is from June 2016. Juris and Madigan were gone by then, but the others are still in city hall. What else might they be doing right now that hurts our city and benefits only a few insiders? We can't suppose that they stopped being dishonest once the hospital deal was done. We need to make a change and fast.


Brian Essi
Posts: 2404
Joined: Thu May 07, 2015 11:46 am

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Brian Essi » Tue Sep 12, 2017 7:21 am

Mr. Young,

Great video of the silence and indifference of Council.

Note above the following attachments that Butler sent to Council Members on December 6, 2016:
<Monday schedule (rollout).docx>
<DRAFT press release 12-6-15 (EK revisions).docx>
<Key Points 12-7-15.docx>
<FAQs for public 12-7-15.docx>


That email (above) was not released until June, 2017, even though I requested it and copied ALL COUNCIL MEMBERS asking for it on December 7, 2017 (see below)

Butler recently signed an affidavit claiming that he only provided Council with one document that day.

He had also previously represented to the Court that my request for these public records given to Council that day were "vague, ambiguous and overly broad."

What is broad and vague about asking Butler for records he personally gave to Council Members?

Why did Council and Butler conceal these records for 2 and 1/2 years?

Why are they lying about it?


From: Brian Essi [mailto:bjessi@sbcglobal.net]
Sent: Monday, December 07, 2015 1:42 PM
To: Butler, Kevin; Hagan, Mary; Summers, Mike; Madigan, Mary; O'Leary, Sam; Bullock, Tom; Anderson,
David; Marx, Cynthia; Nowlin, Ryan; Juris, Shawn
Cc: Petrus, Jeannine
Subject: Re: Proposal/Agreement Concerning Lakewood Hospital
Dear Director Butler,

Please produce copies of all public records delivered to Councilmembers on December 6, 2015.

Please produce public records containing any draft, signed or unsigned agreement or proposal
or concerning Lakewood Hospital that was or may have been discussed, approved or agreed to
by Lakewood Hospital Association (LHA) or any committee of LHA and/or the Cleveland Clinic
this week.

Please produce public records containing any draft, signed or unsigned agreement or proposal
or document concerning Lakewood Hospital that will or may be the subject of the City Council
Meeting to be held on December 7, 2015.

Please produce public records concerning Lakewood Hospital that will or may be the subject of
any reading at the City Council Meeting to be held on December 7, 2015.

Brian J. Essi


Pae is unfit for council. Pae made false statements to the Court and the public about city finances. City risks more lawsuits if Pae appointed.
Mark Kindt
Posts: 1821
Joined: Sat Dec 03, 2016 11:06 am

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Mark Kindt » Tue Sep 12, 2017 8:45 am

To be blunt about this. This is just continuing malfeasance on the part of the city administration, to wit, continued intentional violations of the Ohio sunshine laws, on both public access to records and open meetings.

This exemplifies why we need municipal reform now.


Brian Essi
Posts: 2404
Joined: Thu May 07, 2015 11:46 am

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Brian Essi » Tue Sep 12, 2017 10:47 am

Mark Kindt wrote:To be blunt about this. This is just continuing malfeasance on the part of the city administration, to wit, continued intentional violations of the Ohio sunshine laws, on both public access to records and open meetings.

This exemplifies why we need municipal reform now.


Mr. Kindt,

I can think of no Lakewood citizen with a better skill set and temperament than you to lead that effort.

Lakewood is indebted to you for the role you have played in educating the public on these important issues.

Lakewood would be well served if you ever consider a more formal return to public service.


Pae is unfit for council. Pae made false statements to the Court and the public about city finances. City risks more lawsuits if Pae appointed.
Lori Allen _
Posts: 2550
Joined: Wed Jan 28, 2015 2:37 pm

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Lori Allen _ » Tue Sep 12, 2017 10:51 am

I believe that the Lakewood City Schools are following in the city administration's foot steps.

Birds of a feather flock together!


Brian Essi
Posts: 2404
Joined: Thu May 07, 2015 11:46 am

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Brian Essi » Wed Sep 13, 2017 5:24 am

Brian Essi wrote:Mr. Young,

Great video of the silence and indifference of Council.

Note above the following attachments that Butler sent to Council Members on December 6, 2016:
<Monday schedule (rollout).docx>
<DRAFT press release 12-6-15 (EK revisions).docx>
<Key Points 12-7-15.docx>
<FAQs for public 12-7-15.docx>


That email (above) was not released until June, 2017, even though I requested it and copied ALL COUNCIL MEMBERS asking for it on December 7, 2017 (see below)

Butler recently signed an affidavit claiming that he only provided Council with one document that day.

He had also previously represented to the Court that my request for these public records given to Council that day were "vague, ambiguous and overly broad."

What is broad and vague about asking Butler for records he personally gave to Council Members?

Why did Council and Butler conceal these records for 2 and 1/2 years?

Why are they lying about it?


From: Brian Essi [mailto:bjessi@sbcglobal.net]
Sent: Monday, December 07, 2015 1:42 PM
To: Butler, Kevin; Hagan, Mary; Summers, Mike; Madigan, Mary; O'Leary, Sam; Bullock, Tom; Anderson,
David; Marx, Cynthia; Nowlin, Ryan; Juris, Shawn
Cc: Petrus, Jeannine
Subject: Re: Proposal/Agreement Concerning Lakewood Hospital
Dear Director Butler,

Please produce copies of all public records delivered to Councilmembers on December 6, 2015.

Please produce public records containing any draft, signed or unsigned agreement or proposal
or concerning Lakewood Hospital that was or may have been discussed, approved or agreed to
by Lakewood Hospital Association (LHA) or any committee of LHA and/or the Cleveland Clinic
this week.

Please produce public records containing any draft, signed or unsigned agreement or proposal
or document concerning Lakewood Hospital that will or may be the subject of the City Council
Meeting to be held on December 7, 2015.

Please produce public records concerning Lakewood Hospital that will or may be the subject of
any reading at the City Council Meeting to be held on December 7, 2015.

Brian J. Essi


Butler's first response to my Dec 6, 2015 requests were on December 9, 2015 where he wrote that his orchestration of the "communications strategy" and roll out was "attorney-client privileged" and one request was "overbroad" but he attached what he claimed were "the only documents considered by Council December 7"

The only document considered by Council?
The Document Considered by Council Dec 7, 2015.pdf
(38.27 KiB) Downloaded 350 times


We now know that Butler was not being truthful on many counts in just one email.


From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
To: 'Brian Essi' <bjessi@sbcglobal.net>
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>; "Hagan, Mary" <Mary.Hagan@lakewoodoh.net>; "Summers, Mike" <Mike.Summers@lakewoodoh.net>; "Madigan, Mary" <Mary.Madigan@lakewoodoh.net>; "O'Leary, Sam" <Sam.OLeary@lakewoodoh.net>; "Bullock, Tom" <Tom.Bullock@lakewoodoh.net>; "Anderson, David" <David.Anderson@lakewoodoh.net>; "Marx, Cynthia" <cindy.marx@lakewoodoh.net>; "Nowlin, Ryan" <Ryan.Nowlin@lakewoodoh.net>; "Juris, Shawn" <Shawn.Juris@lakewoodoh.net>
Sent: Wednesday, December 9, 2015 7:51 PM
Subject: RE: Proposal/Agreement Concerning Lakewood Hospital

Mr. Essi:

All papers given to councilmembers on Dec. 6 were privileged attorney-client communications and will thus not be produced.

The agreed-upon key highlights of the master agreement and the ordinance considered by council on Dec. 7 are attached to this email in one document.

Your third request is overbroad but nevertheless we believe the only documents considered by Council on Dec. 7 that were related to the hospital are attached (in one PDF).

Best wishes,

Kevin M. Butler, Director of Law
City of Lakewood | Law Department
(216) 529-6034
kevin.butler@lakewoodoh.net


Pae is unfit for council. Pae made false statements to the Court and the public about city finances. City risks more lawsuits if Pae appointed.
Mark Kindt
Posts: 1821
Joined: Sat Dec 03, 2016 11:06 am

Re: LAID BARE: Butler Email Exposes Yet Another Open Meetings Violation (Part 2)

Postby Mark Kindt » Wed Sep 13, 2017 10:26 am

Frankly, I do not see how the actions of the city administration in planning a communications strategy or roll-out with third-parties such as Ms. Korey, LHA and CCF can be protected by the attorney-client privilege in the absence of a written joint defense agreement, written common interest agreement, or non-disclosure agreement.

This is continuing evidence that the abuse of the Ohio sunshine laws was used to insulate these parties from openness, accountability and transparency. My compliments to Mr. Essi and his lawyers for their diligence and persistence in pursuit of these violations of law.

Just because email and documents are funneled through a lawyer, does not make them privileged.



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