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IN THE COURT OF APPEALS EIGHTH APPELLATE DISTRICT CUYAHOGA COUNTY, OHIO STATE OF OHIO, ex rel.

CITY OF EAST CLEVELAND, OHIO; DR. JOY JORDAN; CHANTELLE LEWIS; NATHANIEL MARTIN; BARBARA THOMAS; and MANSELL BAKER , Individually and as Councilpersons City of East Cleveland 14340 Euclid Avenue East Cleveland, Ohio 44112 Relators v. GARY NORTON, MAYOR ; JACK JOHNSON, DIRECTOR OF FINANCE; RONALD K. RILEY, DIRECTOR OF LAW 14340 Euclid Avenue East Cleveland, Ohio 44112 Respondents ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV-12PETITION AND COMPLAINT FOR WRIT OF MANDAMUS AND APPLICATION FOR ALTERNATIVE WRIT

Now come Relators, the City of East Cleveland, Ohio, Dr. Joy Jordan, Chantelle Lewis, Nathaniel Martin, Barbara Thomas, and Mansell Baker (hereinafter collectively Relators), by and through undersigned counsel and pursuant to 2731 of the Ohio Revised Code, and hereby file this petition against Respondents Gary Norton, Mayor, City of East Cleveland, Ohio, Jack Johnson, Director of Finance, City of East Cleveland, Ohio, and Ronald K. Riley, Director of Law, City of East Cleveland, Ohio (hereinafter collectively Respondents). Relators assert that Respondents have violated duties imposed by the Charter and Codified Ordinances of the City of East Cleveland, Ohio, including but not limited to: 110 of the Charter, which empowers the

City Council to fix the salary rate or amount of compensation for officers and employees of East Cleveland; 113 of the Charter, which provides that the Mayor shall at all times keep the Council fully advised of the financial conditions and needs of the city[t]he Mayor shall perform such other duties as may be prescribed by this Charter or required of him or her by Council; and 22 of the Charter which empowers City Council to establish duties for the offices of Mayor, Director of Finance and Director of Law. In support of their petition, Relators will demonstrate to the Court the following matters and facts: 1. Relators Dr. Joy Jordan, Chantelle Lewis, Nathaniel Martin, Barbara Thomas, and Mansell Baker (hereinafter collectively the individual Relators) are adult resident taxpaying citizens of the City of East Cleveland, Ohio, and comprise the entirety of the East Cleveland City Council. As members of the City Council, the individual Relators collectively constitute the legislative branch of the City of East Cleveland. City Council is responsible for the legislative enactments, including the assigning of duties for the offices of mayor, director of law and director of finance and for all appropriations, for the City of East Cleveland. 2. Relator the City of East Cleveland, Ohio is a chartered Ohio municipality, adopted June 6, 1916. 3. Respondents are adult members of the East Cleveland city administration who are sworn to uphold the laws of the State of Ohio and the Charter and Codified Ordinances of the City of East Cleveland.

4. Mayor Gary L. Norton (hereinafter the Mayor) is the chief executive officer of East Cleveland who, pursuant to the Charter, has executive responsibility for administering the laws, ordinances, and Charter of East Cleveland. See Charter 113. 5. Jack Johnson (hereinafter the Finance Director) is the duly appointed Director of Finance who is responsible for the financial administration of the affairs of East Cleveland. As Finance Director, Jack Johnson is not an employee of the mayor, but a public official who is required to maintain financial records for East Cleveland, and is required to certify the availability of funds to satisfy the appropriations made by the East Cleveland City Council. Pursuant to 22 of the Charter, the Finance Director shall perform such other functions and duties as to be established by the City Council. 6. Ronald K. Riley (hereinafter the Law Director) is the duly appointed Director of Law for East Cleveland who is responsible for providing legal advice and direction to the Mayor, City Council, and other members of the East Cleveland government. Pursuant to 22 of the Charter, the Law Director shall perform such functions and duties as to be established by the City Council. Thus, Ronald K. Riley is not an employee of the mayor, but an officer of the City of East Cleveland responsible to and required to provide services to and on behalf of the East Cleveland City Council. 7. The City of East Cleveland, Ohio, is embroiled in a financial crisis, having been placed on fiscal watch by the office of the Ohio Auditor of State on May 23, 2012, a designation requiring heightened oversight and management of the Citys fiscal affairs. However, the policies and practices of the administration have been directed to hinder, impede, and thwart the Councils ability to properly and effectively legislate in this area. The efforts of the East Cleveland council to cajole, negotiate, compromise, supplicate, implore, beg

and plead with the mayor to aggressively address the fiscal crisis has been met only with contempt and obstruction; and the emergency continues unabated. COUNT ONE FAILURE TO COMPLY WITH RESOLUTION 107-11 REQUIRING THE FINANCE DIRECTOR TO PROVIDE COUNCIL WITH A DETAILED INVENTORY OF SUPPLIES AND MATERIALS 8. On January 17, 2012, City Council passed Resolution 107-11, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 1, requiring the Finance Director, on a quarterly basis, to submit to Council a detailed inventory of supplies and materials on hand and their value. City Council has the power and authority to direct the Finance Director to provide such reports pursuant to 22 of the Charter, A COPY OF WHICH PROVISION IS ATTACHED HERETO AS EXHIBIT 2. 9. To date, the Finance Director has failed or refused to provide Council with the inventories as required by Resolution 107-11. 10. The City Council has no adequate remedy at law to enforce the duties imposed upon the Finance Director by Resolution 107-11. COUNT TWO FAILURE TO COMPLY WITH RESOLUTION 102-11 REQUIRING THE FINANCE DIRECTOR TO PROVIDE COUNCIL WITH MONTHLY BALANCE SHEETS 11. On March 7, 2012, City Council passed Resolution 102-11, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 3, requiring the Finance Director, on a monthly basis, to submit to Council detailed balance sheets listing receipts and expenditures. City Council has the power and authority to direct the Finance Director to provide such reports pursuant to 22 of the Charter. 12. To date, the Finance Director has failed or refused to provide Council with the balance sheets as required by Resolution 102-11.

13. The City Council has no adequate remedy at law to enforce the duties imposed upon the Finance Director by Resolution 102-11. COUNT THREE FAILURE TO COMPLY WITH RESOLUTION 47-12 REQUIRING THE MAYOR TO PROVIDE COUNCIL WITH CERTAIN FINANCIAL INFORMATION 14. On May 1, 2012, City Council passed Resolution 47-12, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 4. The resolution was vetoed by the Mayor on May 9, 2012. The veto was overridden by the City Council on May 15, 2012 and the resolution became law. 15. Resolution 47-12 requires the administration to provide to City Council information and documentation concerning, inter alia: a. a sum of $3.2 million that was located or found by the administration just prior to the City Councils consideration of the 2012 appropriation ordinance in late March, 2012; and b. the Victory Federal Money Market Mutual Fund established in 2005 from Local Government Fund notes and which funds are restricted until 2013. 16. City Council has the power and authority to direct the Mayor and the Finance Director to provide such information pursuant to 22 and 113 of the Charter. A COPY OF THE APPLICABLE CHARTER 113 IS ATTACHED HERETO AS EXHIBIT 5.1 17. To date, the Mayor and the Finance Director have failed or refused to provide Council with the information sought by Resolution 47-12.

Section 113 appearing in the present publication of the East Cleveland Codified Ordinances is missing the current effective version of 113 (D). However, as the attached Board of Elections results from 11/7/2000 and 11/6/2001 attest, the charter amendment to change the Mayoral Salary of $40,000 was actually defeated in both elections.

18. City Council has no adequate remedy at law to enforce the duties imposed on the Mayor and the Finance Director by Resolution 47-12. COUNT FOUR FAILURE TO ATTEND AND PARTICIPATE IN THE MEETINGS OF THE FINANCE AND AUDIT COMMITTEES 19. The Charter of the City of East Cleveland, Ohio, at 113(D), requires the Mayor, the Finance Director, and the Law Director to attend or to be represented at all meetings of the City Council. Codified Ordinance 141.01, ATTACHED HERETO AS EXHIBIT 6, REQUIRES FINANCIAL DIRECTOR OR HIS ASSISTANT TO ATTEND MEETINGS OF THE AUDIT COMMITTEE. Supplementing this requirement pursuant to its authority to define city employees duties, City Council passed Resolution 47-12. Resolution 47-12 requires the Finance Director to: a. participate in every meeting of the Finance Committee of City Council; and b. meet with the Audit Committee of City Council to review significant accounting and reporting issues, including complex or unusual transactions and management decisions, review recent professional and regulatory pronouncements, review and discuss any significant risks reported in the independent audit findings and recommendations, and to assess the responsiveness and timeliness of managements follow-up activities pertaining to same. 20. To date, the Finance Director has failed or refused to participate in the Councils Finance Committee meetings and Audit Committee meetings and to provide information requested by those committees. 21. City Council has no adequate remedy at law to enforce the duties imposed on the Finance Director by Resolution 47-12.

COUNT FIVE FAILURE TO COMPLY WITH RESOLUTION 108-11 REQUIRING THE ADMINISTRATION TO PROVIDE COUNCIL WITH FINANCIAL INFORMATION REGARDING BLANKET PURCHASE ORDERS 22. On January 17, 2012, City Council passed Resolution 108-11, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 7 AND which REOLUTION requires the Finance Director to provide City Council with all super blanket purchase orders in place during the fiscal year that have terminated or will terminate by the last day of the year. The Resolution also requires the Finance Director to provide information to Council regarding any anticipated super blanket purchase orders or blanket purchase orders that are planned for the upcoming fiscal year by March 31 of each fiscal year. 23. The Finance Director has failed and refused to comply with this Resolution and has not provided City Council with the information that the Resolution directed be produced. 24. City Council has no adequate remedy at law to enforce the duties imposed on the Finance Director by Resolution 108-11. COUNT SIX VIOLATION OF THE SALARY ORDINANCE AND APPROPRIATION ORDINANCE BY PAYING THE MAYOR SALARIES FOR THE POSITIONS OF SAFETY DIRECTOR AND ASSISTANT SAFETY DIRECTOR, FOR WHICH POSITIONS NO FUNDS HAVE BEEN APPROPRIATED 25. By Charter, the Mayor of East Cleveland is authorized a stated salary of $40,000.00. (SEE ATTACHED EXHIBIT 8 and footnote 1). The office of Mayor of the City of East Cleveland is a full-time position pursuant to CHARTER 112 (A). On December 19, 2011, City Council passed Ordinance No. 101-11, which adjusted salary ranges for City employees. That ordinance, a certified copy of which is attached hereto and marked as Exhibit 9, amended an earlier temporary salary ordinance which had provided for a salary of $25,000.00 for the position of Safety Director and a salary of $25,000.00 for the 7

position of Assistant Safety Director by eliminating the salary appropriations for these positions. 26. On March 31, 2012, City Council passed Resolution 33-12, the annual appropriations ordinance for fiscal year 2012, to cover the Citys expenses for the first quarter of 2012. The Mayor vetoed the resolution on April 5, 2012, and Council overrode the Mayors veto on April 12, 2012. RESOLUTION 33-12 IS ATTACHED HERETO AS EXHIBIT 10. 27. Notwithstanding that Resolution 33-12 made no appropriation of funds for payment of salaries for the positions of Safety Director and Assistant Safety Director, and in contravention of the express authority of City Council, the Mayor has continued to draw a salary for the position of Safety Director. 28. As of June 30, 2012, the Finance Director has disbursed payments to the Mayor totaling $22,485.00 from the police department fund and $22,485.00 from the fire department fund. 29. The Finance Director has continued to pay these funds to the Mayor despite the lack of any appropriation providing for such funds. 30. The Mayors continued receipt of payments of salary for the position of Safety Director is unlawful, violates Ordinance 525.12, and constitutes both theft in office and gross dereliction of duty. 31. City Council has no adequate remedy at law for the Mayors and Finance Directors violations of the salary and appropriation ordinances. COUNT SEVEN FAILURE TO COOPERATE WITH COUNCILS FORMULATION AND IMPLEMENTATION OF APPROPRIATIONS ORDINANCE

32. On February 4, 2012, City Council passed Resolution 104-11, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 11, requiring the Mayor to submit to Council by the end of each fiscal year a budget schedule for each city departments essential and discretionary functions. From the end of 2011 to date, the Mayor has failed to comply with Resolution 104-11 for fiscal year 2012. 33. On February 18, 2012, City Council passed Ordinance No. 109-11, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 12, requiring the Mayor to submit to Council on a quarterly basis a schedule of all essential personnel by department. To date, the Mayor has failed to comply with Ordinance No. 109-11 with respect to any fiscal quarter to which the ordinance applies. 34. In its annual appropriation ordinance, City Council appropriated certain funds for the operation of the Office of the City Council. Council has submitted numerous requisitions to the Finance Director and Mayor to pay for services, materials, and equipment necessary for the operation of the Office of the City Council. The Mayor and the Finance Director have continued to delay or outright refuse payment of invoices and requisitions to pay for the expenses of the Council, although said funds have been appropriated. 35. Further, the Mayor, without any authority to do so, delayed approval of the appointment of a Deputy Clerk of Council and the placement of such Clerk on the City payroll. 36. The Mayor and Finance Director are and have been attempting to impede the operation of the City Council and have refused to properly pay the invoices submitted for expenses incurred in City Council operations. The Mayor and the Finance Director are unequivocally obligated to disburse funds for such expenses as appropriated. COUNT EIGHT UNAUTHORIZED CONTRACTS

37. The Mayor has followed a consistent pattern of accepting grants and funds without approval of the receipt of such funds by Council as required by the Codified Ordinances and Charter. 38. The City of East Cleveland received a grant from the Cleveland Clinic as the result of the closing of Huron Road Hospital, which has never been presented to or approved by Council. The terms of such grant, with regard to the amount of funds received and how they have been expended, have never been fully disclosed by the Mayor. 39. Recently, it has been announced that the City of East Cleveland has received the sum of $2 million from the Cuyahoga County Prosecutors Office to provide for demolition. This grant has not been presented to the City Council. No accounting for the funds provided for by the grant, and no details regarding the terms and conditions of the grants acceptance, have been provided to Council. Council is informed and believes, and upon such information and belief alleges, that funds from this grant have been used to fund contracts for demolition that were not properly bid as required by the East Cleveland Charter and Codified Ordinances and which have not been presented to Council for approval. 40. The Mayor has unilaterally approved RTAs operation of a hydrogen fuel cell project in East Cleveland. The issue was never presented to Council, public input was never solicited, and hearings before the board of zoning appeals were never held with regard to the project. 41. As the result of these violations of the East Cleveland Codified Ordinances and municipal Charter, Council has been denied the opportunity to meaningfully participate in the resolution of the issues raised by the Office of the Ohio Auditor in connection with the

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placement of East Cleveland on fiscal watch. Moreover, without adequate information regarding the current state of the Citys finances and expenditures, Council is unable to formulate a fiscal recovery plan as required by the Auditors office. COUNT NINE FAILURE TO PREPARE ORDINANCES AND RESOLUTIONS 42. Among the duties assigned to the Law Director by the Charter and Codified Ordinances is the duty to draft ordinances and resolutions requested by City Council. 43. Law Director, Ronald Riley, has consistently failed and refused to promptly draft ordinances as requested by City Council. 44. Proposed legislation requests attached to the Complaint for Mandamus, specifically Exhibits 13-1---13-9 have not been responded to in any manner; and 44. The Law Directors failure to adequately perform his mandatory duties has impeded City Councils ability to perform its obligation to timely enact legislation needed to address the Citys needs. 45. Council has no adequate remedy at law. WHEREFORE, Relators hereby request that this Honorable Court grant and issue a peremptory writ of mandamus to Respondents compelling and commanding them as members of the East Cleveland administration to perform the duties imposed upon them by the Codified Ordinances and Charter of East Cleveland and by the resolutions of Council and issue to the Finance Director and Mayor commanding them to make payment of salaries only from the appropriated funds to the Mayor for the salary of the eliminated Safety Director position. Respectfully submitted, __________________________________________ DARRYL E. PITTMAN, ESQ. (0034194) JAMES ALEXANDER, JR., ESQ. (0033384) 11

MICHAEL ATEN (0083386) Pittman, Alexander Attorneys Co., LPA 2490 Lee Blvd., SUITE 115 Cleveland Hts., OH 44118-1255 (216) 291-1005; (888) 413-3029-fax VERIFICATION Now come Dr. Joy Jordan, Chantelle Lewis, Nathaniel Martin, Barbara Thomas, and Mansell Baker, being all of the members of the East Cleveland City Council, individually and officially, after being duly sworn and cautioned according to law, do depose and state, that we have each read the verified complaint asserted herein and do hereby verify and affirm that we have personal knowledge of the facts asserted therein and do verify and affirm that the allegations and averments are true and accurate to the best of our knowledge and belief. _____________________________ Dr. Joy Jordan _____________________________ Nathaniel Martin ______________________________ Mansell Baker State of Ohio Cuyahoga County ) ) ss ) _____________________________ Chantelle Lewis _______________________________ Barbara Thomas

SWORN to before me and in my presence by Dr. Joy Jordan, Chantelle Lewis, Nathaniel Martin, Barbara Thomas, and Mansell Baker on this 6th day of July, 2012. ___________________________ Darryl E. Pittman Attorney-at-Law 2490 Lee Blvd., Suite 115 Cleveland Hts., Ohio 44118-1255 My commission has no expiration date

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