UNITED STATES DISTRICT COURT FOR THE NORTHER DISTRICT OF OHIO EASTERN DIVISION CASE NO.

Transcription

1 UNITED STATES DISTRICT COURT FOR THE NORTHER DISTRICT OF OHIO EASTERN DIVISION KENNETH A. LANCI 6785 Gates Mills Boulevard Gates Mills, Ohio v. Plaintiff, CUYAHOGA COUNTY, OHIO CUYAHOGA COUNTY BOARD OF COUNTY COMMISSIONERS JIMMY DIMORA CUYAHOGA COUNTY COMMISSIONER PETER LAWSON JONES CUYAHOGA COUNTY COMMISSIONER CASE NO. JUDGE VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF

2 TIMOTHY F. HAGAN CUYAHOGA COUNTY COMMISSIONER FRANK RUSSO CUYAHOGA COUNTY AUDITOR Defendants. For his Complaint against Defendants, Cuyahoga County, Ohio (the County, Cuyahoga County Board of County Commissioners ( BOCC, Jimmy Dimora ( Dimora, Timothy F. Hagan ( Hagan, Peter Lawson Jones ( Jones, Frank Russo ( Russo, Plaintiff Kenneth A. Lanci ( Lanci, individually for the benefit of all similarly situated citizens of Cuyahoga County, Ohio, states alleges as follows: 1. Lanci is an individual residing in paying taxes in Cuyahoga County, Ohio. 2

3 2. The County was, still is, one of the duly authorized duly existing political subdivisions under the laws of the State of Ohio is located within this judicial district. 3. BOCC is the legislative administrative governing body of Cuyahoga County, Ohio. 4. Jimmy Dimora is a duly elected Cuyahoga County Commissioner. 5. Peter Lawson Jones is a duly elected Cuyahoga County Commissioner. 6. Timothy F. Hagan is a duly elected Cuyahoga County Commissioner. 7. Frank Russo is the duly elected Cuyahoga County Auditor. JURISDICTION AND VENUE 8. This action is brought under the Supremacy Clause of the United States Constitution. The Court has jurisdiction over this action pursuant to 28 U.S.C Venue in this district is proper under 28 U.S.C. 1391(b(1 because the Defendants reside in this district. 10. Pursuant to 28 U.S.C. 115(a(1, this action should be assigned to the Eastern Division of this Court because the actions which gave rise to this case occurred in, the Defendants reside in Cuyahoga County in the Eastern Division. FACTS 11. The County operates as a political subdivision of the State of Ohio. The County encompasses 59 municipalities, villages, townships, of which Clevel is the largest. The County encompasses 459 square miles has a population of 3

4 approximately 1.3 million citizens, making it the largest county in Ohio the 28 th largest county in the United States of America. 12. Currently the three-member BOCC serves as the central governing body for the County. The individual commissioners were elected at large for four-year overlapping terms are responsible for appointing key personnel including, but not limited to, members of the Cuyahoga County Board of Revision ( BOR. The commissioners prepare, adopt manage the annual budget for the general fund other funds used to support the services, including, but not limited to the use of federal funds. 13. On July 29, 2008, the United States Department of Justice ( DOJ investigation into Cuyahoga County corruption became public when agents of the Federal Bureau of Investigation the Internal Revenue Service executed search warrants on the homes offices of Dimora, Russo, others. That investigation, which predated the execution of the search warrants, continues today in excess of 40 individuals have pled guilty to corruption related charges, including but not limited to the bribery of Dimora Russo. 14. Ohio Revised Code (D prohibits public officials from accepting bribery. The Code Section states No public official or employee shall use or authorize the use of the authority or influence of office or employment to secure anything of value or the promise or offer of anything of value that is of such a character as to manifest a substantial improper influence upon the public official or employee with respect to that person s duties. 4

5 15. Both Dimora Russo deny any wrongdoing, but upon information belief the indictment of each public official is forthcoming. As reported by the Clevel Plain Dealer on July 28, 2010, the two-year anniversary of the execution of the search warrants, it is anticipated that the DOJ is considering racketeering charges against both Dimora Russo for their control over a criminal enterprise. 16. In November, 2009, the citizens of Cuyahoga County overwhelmingly voted to approve a new charter form of government. Each every precinct within Cuyahoga County voted in favor of the new form of government the issue passed county-wide with 66% of the vote favoring a new government. The new charter government will take effect in January, 2011, following the 2010 November general election will consist of an elected County Executive an 11-member County Council elected by district. The County Executive will hold office for a four-year term commencing on January 11, The County Council elected in 2010 will consist of six members serving four-year terms five members serving two-year terms. Commencing in 2012, each County Council Member will be elected to a four-year term commencing on January 1 of the year following the election. The County will also have an elected prosecuting attorney serving a four-year term. The new form of government will replace elected officials with appointed officials serving at the pleasure, with oversight of the County Executive Council. The appointed officials include: Fiscal Officer, Medical Examiner, Director of Law, Clerk of Courts, Director of Public Works, Treasurer, Sheriff. 5

6 17. The new form of government represents a sweeping change in the governing body of Cuyahoga County, Ohio. This sweeping change is undoubtedly, in part, related to the pemic corruption in Cuyahoga County government. That corruption has touched upon public officials, contractors engaged in business with the County, building inspectors, recently, on a near-daily basis the questionable conduct of the appointed members of the BOR. 18. Ohio law does not provide for the recall of corrupt public officials. At this juncture, the status quo should be maintained BOCC, in particular Dimora, Russo, should be precluded from undertaking any conduct to further harm the citizens of Cuyahoga County. CLAIM FOR RELIEF 19. Lanci incorporates herein by reference all allegations set forth in Paragraphs 1 through 18 as if fully rewritten herein. 20. Defendants conduct has caused irreparable harm to Lanci all similarly situated citizens of Cuyahoga County, Ohio, for which there is no adequate remedy at law,, unless enjoined, will continue to cause irreparable harm to Lanci all of the similarly situated citizens of Cuyahoga County, Ohio. 21. The new form of charter government takes office in five months. In the intervening period of time, the Defendants can will, unless enjoined, cause immeasurable irreparable harm to Lanci the similarly situated citizens of Cuyahoga County, Ohio. 6

7 22. Upon information belief, the BOCC continues to negotiate the sale of County assets to execute enter into obligations that are not in the best interest of Lanci the similarly situated citizens of Cuyahoga County, Ohio. For instance, as was widely reported through the various media outlets, the County s acquisition remediation of the former AmeriTrust tower represents a $40 million investment made by the taxpayers of Cuyahoga County. Currently, BOCC is considering putting the property on the market for as little as $22.5 million, a potential loss in excess of $18 million. As was reported in the July 4, 2010, Clevel Plain Dealer, Commissioner Peter Lawson Jones said he would like to sell the complex this year, before he his lame duck colleagues are replaced by a new County Executive 11-member Council. Mr. Jones stated, I d like to bring closure to this so there s one less thing the next regime has to be concerned about. In reality, the disposition of that asset should be left to the discretion of the new charter government. Viable cost-effective utilization of the AmeriTrust Tower has been proposed to ignored by BOCC. The new charter government, overwhelmingly called for by the citizens of Cuyahoga County, should be permitted to investigate the utilization of that asset make a reasoned decision as to its disposition. Should the BOCC be permitted to close a sale of that asset in its waning five months of existence, Lanci all similarly situated citizens of Cuyahoga County will be irreparably harmed for which there is no adequate remedy at law. 23. Any contracts entered into by the BOCC in the remaining five months of its existence will cause immediate irreparable harm to Lanci the other similarly 7

8 situated citizens of Cuyahoga County, Ohio. Given the abject lack of oversight in County contracting which has been made public through the DOJ s investigation, contracts which terms exceed five months, will, unless enjoined, cause irreparable harm to Lanci other similarly situated citizens of Cuyahoga County for which there is no adequate remedy at law. 24. There are now daily reports of indiscretions by appointed members of the BOR. Unless Dimora Russo are enjoined from making appointments to the BOR, Lanci other similarly situated citizens of Cuyahoga County will suffer irreparable harm for which they have no adequate remedy at law. 25. The State of Ohio has mated that the County prepare property tax appraisals for all real property in Cuyahoga County for calendar year V.A.S., the firm used to perform such functions, has been terminated by the County as a result of corruption bribery convictions of a number of individuals associated with V.A.S., which includes the incarceration of two Clevel attorneys restitution to the County by the wife estate of a third deceased attorney. If Russo is permitted to institute appraisal proceedings in his remaining months in office, Lanci other similarly situated citizens of Cuyahoga County will, unless enjoined, be caused irreparable harm for which there is no adequate remedy at law.. WHEREFORE, Plaintiff Kenneth A. Lanci, individually on behalf of all similarly situated citizens of Cuyahoga County, respectfully request that this Court enter judgment in his favor against the Defendants on the Complaint as follows: 8

9 PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF: 1. Enjoining the Defendants from disposing of any assets of Cuyahoga County, Ohio, including, but not limited to the former AmeriTrust Tower; 2. Enjoining the Defendants from entering into any contracts which duration exceeds five months; appraisals. 3. Enjoining Dimora Russo from appointing any individuals to the BOR. 4. Enjoining Russo from conducting or contracting for the 2011 real property Respectfully submitted, /s/ Michael J. Connick Michael J. Connick ( Gary A. Vick, Jr. ( CONNICK & ASSOCIATES, CO., L.P.A. North Point Tower 1001 Lakeside Avenue, Suite 1720 Clevel, Ohio ( / Fax: (