EAST CLEVELAND TATTLER

Jul uly Issue Number 17, Jul y 2012 eastcle lev get you Send an email to eastclevelandleaks@gmail.com to get the Tattler emailed to you

BOARD? REPORT COSGRO LAWYER DAN RO WHY DIDNT CLEVELAND CLINIC LAWYER DAN ROWAN REPORT COSGROVE TO THE BOARD?

Norton contract shows Cosgr Fraudulent contract shows Cosgrove and Norton announced ordan Jor erence three days at news confer their deal at a news conference three days after Jordan and schedule may Lewis raised Lewis raised questions and told the mayor to schedule a umors alidate invalidate rumor that hed valida special meeting to validate or invalidate rumors that hed Huron close eached ag reached an agreement to let Huron close and to be demolished
By CLYDE CLODHOPPER East Cleveland Tattlers ongoing investigation and review of public records tied to the secret and fraudulent agreement Cleveland Clinic CEO & President Delos Toby Cosgrove signed with Mayor Gary Norton without any public meetings or discussions confirms that East Clevelands council president and vice president had written letters demanding answers and requesting a special meeting to discuss rumors that the mayor had struck an agreement in violation of a resolution which said the city did not support Huron Hospitals scheduled closing. The letters confirm that language in the June 29, 2011 agreement Cosgrove and Norton signed which claimed that East Cleveland and its officers supported the deal theyd cut was an outright, fraudulent lie. Records show that on June 21, 2011 council unanimously approved a resolution expressing the citys lack of support for Cleveland Clinics plan to close Huron Hospital, which effectively barred Norton from negotiating or signing any agreement with Cosgrove. What council and East Cleveland residents didnt know was that Norton was already holding secret discussions and negotiations with Cosgrove to give him what Cleveland Clinic and its board wanted. On June 24, 2011 Council President Joy Jordan sent a letter to Norton asking him to put to rest rumors that Huron Road Hospital will be demolished by November 2012 and specifically asked if his administration had discussed the subject of demolition with hospital officials. She also wanted to know if he had made a commitment to issue a demolition permit, and if he had already issued one, and told him to respond by June 27. Norton ignored her questions, and instead scheduled an informal June 27 meeting to discuss Huron Hospital. He had his secretary leave voice mail messages with council members. After receiving Belinda Kyles voice mail message, Lewis sent Norton an email and told him that he needed to schedule a formal special meeting of council which would have allowed the public to participate in the discussions. East Clevelands charter and Ohio law imposes specific duties on elected officials to discuss and decide public business in public, and not in secret as he was doing with Cosgrove, law director Ron Riley, ex-finance director Ron Brooks and other public employees who were following his orders and not the law. Norton ignored Lewis special meeting request and only commented on one portion of her message to him. He told her the unauthorized meeting he was holding was scheduled for 5:30 and not 5 p.m. Council chose not to attend the unauthorized meeting and two days later, on June 29, Cosgrove and Norton held a joint news conference where they fraudulently and publicly proclaimed that

CLEVELAND CLINIC CEO GANGSTERED CLOSING

Capo di Tutti Capi Delos Cosgrove

This future prison bitch needs no introduction

ShysterDan Rowan

Shyster Ron Riley

COSGROVE ACTED LIKE A MOB BOSS. Delos Cosgroves secret dealings with Gary Norton raises questions about his business ethics that Cleveland Clinics board needs to answer. The board should also question whether chief legal counsel Dan Rowan represents the organization or Cosgrove just like East Cleveland city council has learned that Ron Riley will manipulate opinions to benefit Norton. If Cosgrove, a highly sophisticated and educated CEO & President of a major institution, will cut illegal side deals with corrupt politicians like Norton, what other deals has he cut behind the backs of the board and corporate officers he serves? The Cleveland Metropolitan Bar Association has no other choice but to investigate and bring disciplinary charges against Rowan and Riley when, not if, investigators confirm that both lawyers failed to advise their clients not to enter a fraudulent agreement that claimed council was on board when public records they each ignored showed they were not. Watch Cosgrove and Rowan dump everything on Lying Azz Gary, Riley and Ron Brooks.

Council President Joy Jordan and Vice President Chantelle Lewis said Norton used an email to inform them of a meeting he had scheduled to discuss the Huron Hospital closing and told them they could either show up or not. The Plain Dealer has had access to all of the public records that could have exposed the crooked deal but covered it up by reporting only what reporter Ellen Kleinerman was told.

East Cleveland and Cleveland Clinic had reached an agreement that no one but the two of them and the employees they supervised had seen. The agreement Norton signed stated that East Cleveland waived any rights to a claim or defense that the cooperation agreement was voided under any part of the citys charter or Ohio law, and further signed that he was authorized to sign it when hed been given no authority by council to negotiate and execute the agreement hed signed with Cosgrove in secret. According to an Ohio Supreme Court decision entitled Frisbie Co. v. East Cleveland, 1918, which became the standard for how public business is conducted in this state and has been repeatedly upheld by the states courts, the agreement Cosgrove and Norton signed isnt worth the paper its written on. The Frisbie ruling was based on a contract the company entered with the Village of East

TATTLER, NO. JULY EAST CLEVELAND TATTLER, NO. 17, JULY 2012

MORE RELIABLE THAN THE PLAIN DEALER

Cleveland Clinic once used bribery to swing a deal

Cleveland in 1901 to install water mains on three parcels of property it owned where houses were being built near Doan Avenue in what was known as both the Doan and Frisbie allotments. Village trustees agreed to pay the company 10 percent of the proceeds of revenue charged for water when the amount reached the cost of construction. Frisbie paid for the materials and supplies and performed the work because the business owners told the citys politicians that they were the only company qualified to perform the work. The problem, however, came when the work exceeded the $500 threshhold state law imposed on municipal governments for seeking public bids. The company sued in 1915 when East Cleveland by then had become a city. They won in the Cuyahoga County Court of Common Pleas but the decision was reversed by the county appellate court. Frisbie took the case to the Supreme Court of Ohio who justices affirmed the appellate courts decision and issued a strong warning to contractors and others seeking to engage in business with municipal governments. Persons who deal with municipal bodies for their own profit should be required at their peril to take notice of limitations upon the powers of these bodies which these statutes impose. Throughout the next 90 plus years the Frisbie decision has been consistently upheld in Ohio courts and was further explained in, Accutemp, Inc. v. Longview State Hosp.10 Ohio App.3d 223, 226-27, 461 N.E.2d 905 (1983) We think there is no hardship in requiring them, and all other parties who undertake to deal with a municipal body in respect of public improvements, to investigate the subject and ascertain at their peril whether the preliminary steps leading up to [the] contract and prescribed by statute have been taken. No high degree of vigilance is required of persons thus situated to learn the facts. They are dealing with public agencies whose powers are defined by law, and whose acts are public transactions, and they should be charged with knowledge of both. If the preliminary steps necessary to legalize a contract, have not been taken, they can withdraw from the transaction altogether, or delay until the steps are taken. An occasional hardship may accrue to one who negligently fails to ascertain the authority vested in public agencies with whom he deals. In such instances, the loss should be ascribed to its true cause, the want of vigilance on the part of the sufferer, and statutes designed to protect the public should not be annulled for his benefit. Council attorney Darryl Pittman said the Cosgrove-Norton agreement is not legal or binding upon the city. He took aggressive issue with a clause which literally said that even if Norton didnt have the authority, the agreement superceded Ohio law and the citys charter. Cosgrove told resident Ike Jenkins in an email that they demolished Huron Hospital because thats what Norton wanted, but that admission doesnt obviate the corporations duties to have complied with instead of seeking a way around having a public discussion with East Cleveland council and the citys residents. Media and government expert Jon Davis said Cosgroves email sounds more like the beginning of a story-line thats shaping up to make Norton the fall guy for his dirty deal. Gary is too young to remember late Cleveland councilman James Boyd when he was indicted in 1977 for seeking and accepting a $20,000 bribe from Dr. Carl Wasmuth who, like Cosgrove, was Cleveland Clinics chairman, Davis said. Wasmuth, H.R. Taylor, Willis McFarlane and Walter Kirkman were trying to get the Park Plaza Hotel built at 95th and Carnegie Avenue and Boyd was paid a bribe to stop voicing his public opposition to the project, and to sponsor zoning legislation that would allow the development to move forward. Davis said the comparisons between Boyd, Norton, Wasmuth and Cosgrove are eeriily similar. Like Boyd, Norton blasted Cosgroves closing plans less than four weeks before he shut up and negotiated his secret deal with him. After an audit of Cleveland Clinic records revealed the $20,000 expense, Wasmuth admitted that it was a pay-off Boyd and then turned over evidence to late prosecutor John T. Corrigan to cut a deal and save himself from prosecution. Clevelands African American community was infuriated because Boyd was the only person Corrigan indicted and convicted. Davis said one significant difference between Boyd and Norton is that the late councilman was known to be an advocate for African Americans while Norton just uses them. There will be no rally to save Gary when Cosgrove rolls on his ass, Davis said. Hell be hung out to dry once investigators begin looking
The black guy always takes the fall. Late Cleveland Councilman James Boyd was the only person indicted and convicted after late Cleveland Clinic CEO Carl Wasmuth gave him a $20,000 bribe in 1977. The Plain Dealer didnt even mention the white guys by name.

at his and Cosgroves secret transaction and the big guy will get off and his little ass will become a prison bitch. If I were Gary Id hold a press conference as soon as I finish reading the Tattler and start talking before Cosgrove points more fingers at him. The biggest gangsters in town are guys in $1500 suits who sit on boards and pay-off everyone from prosecutors and judges to high level FBI special agents. Davis said Nortons own stupidity and arrogance will be his undoing because of petty ego-trippers Mike Smedley who has bragged that theyll have $50,000 to run candidates against council for opposing Nortons unlawful deals. Davis said losers like Norton and Smedley cant raise that kind of money on their own without someone higher ups involvement. Davis also criticized Cosgrove, saying Cleveland Clinics CEOs seem to have been cut from the mold of arrogant pricks. Cosgrove was flippantly arrogant when he told Mayor Frank Jackson and East Cleveland residents and officials who opposed the closing that their opposition didnt matter and that Huron Hospital would close anyway. In comparison, Wasmuth told his African American critics to move if they didnt like the Clinics expansion plans. Davis said he gave them a nigger offering by building a couple of playgrounds. These self-serving, greedy, racist and elitist assholes are not good or honorable people, Davis said.

Baker blasts Norton Councilman Baker blasts Norton employ for illegally employees for illegally taking cars wasting gas cars home and wasting city gas
Newly-appointed Ward 4 councilman Mansell Baker came out swinging against Mayor Gary Nortons wasteful spending habits and outright violation of a resolution council passed in 2008 that did not authorize city vehicles to be taken home without council approval as gas costs exceeded $3 a gallon, and when the mayor was council pesident. Baker said employees like Collette Clinkscales, cop James Mansell Baker Ruth and others are not using the vehicles for city business when they take them home and do not have council approval regardless of Nortons unlawful authorization for them to do so. Baker has assumed control over the health and safety committee and said he plans to use it to investigate abuses and hold offending employees accountable.

Did Cleveland Clinics board know and will they fire Cosgrove and Rowan if they didnt? More importantly, what will they do to make East Cleveland whole?

Patrick McCartan

Morry Weiss

Robert Rich

Umberto Fedelli

Patrick Thomas Joseph Frederick Auletta Commes Scaminace Nance

William Timken

Norma Lerner

Joseph Hahn

Mario Morino

Larry Pollock

Sam Miller

William William Beth E. Carole F. David J. Cynthia MacDonald MacDonald Mooney Hoover Hessler Deyling