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Willa Hemmons & Residents Sue City for Public Records as City continues to Hemorrhage $$$
2024-05-22
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Written by Mariah Crenshaw
Purported Law Director of the City of East Cleveland, former Councilman Nathanial Martin, Mayor Brandon King, and residents are suing the Clerk of Council and Council for public records in the Cuyahoga County Court of Common Pleas. Hemmons who identifies as the purported law director for the fiscally strapped municipality is also suing the city for alleged public records. Attorney Brian Bardwell of Speech Law, LLC, located in Cleveland Ohio, filed a lawsuit stating the Clerk of Council and the Council have failed to produce records of council meetings. Clerk of Council Eric Brewer said the alleged requests were sent to a former employee who was terminated last year.
You can read the Complaint on the County website: CV-24-997000 LEE COLEMAN, ET AL. vs. ERIC BREWER, ET AL
It appears Bardwell is unaware of the multiple lawsuits filed against Hemmons, King, and Heather McCollough for the same issues alleged in the lawsuit. This writer has sued King and the outsourced law department for failure to have an established records commission, not having legally required certificates of disposal and for the unlawful removal and destruction of public records by Shred It, LLC., who according to city financial records received tens of thousands of dollars to remove and destroy public records, In this writer's opinion is hypocritical for Hemmons and King to sue the Council and Clerk for their conduct and failure as recorded several times in the court of common pleas. Young Bardwell's Complaint appears there is little to no knowledge of statutory requirements for the mayor to meet before filing the Complaint.
Hemmons Conflict of Interest
Hemmons who touts to be the city's law director is a party to the lawsuit seeking monetary relief. Hemmons' job is to protect the city from lawsuits and to protect the residents from monetary relief judgments. In this instance, Hemmons is looking to get paid. Mayor Brandon King, also a party to the lawsuit is also seeking monetary relief from the economically unstable city he is elected to serve. Ousted former Councilman Nathanial Martin is also a party to the cause of action.
Hemmons suing the municipality appears to be a conflict of interest for the attorney. Lawyers suing their clients that have a legal duty to provide a defense for is an ethical violation. Hemmons who has a long trail of frivolous lawsuits against the municipality, citizens, and the Cuyahoga County Board of Elections continues to abuse the process and warnings from the County, Appellate, and Northern District Court for conflict of interests and being sanctioned. Recently, Northern District Judge Dan Polster warned Hemmons and King not to file any more frivolous actions wasting the Court's time and resources. Judge Polster stated Hemmons cited non-existent cases and if she and King returned he would hold a show cause hearing. This means Judge Polster is talking about criminal conduct if they come back with the nonsense they continue to flood in the courts.
Where is the Cleveland Bar Association and the Ohio Supreme Court?
Much like they are absent so will my commentary be.
Ohio Public Records Laws
Under Ohio Sunshine Laws, citizens have the right to access public records and obtain relief from custodians who do not provide records. Elected officials also have legally required duties to preserve public records. The City of East Cleveland does not have a statutorily required commission in place or practices to ensure records are created and preserved as required by law. King has not complied with Ohio laws and Hemmons has not properly advised of his duties under Ohio law to ensure records are preserved and a records commission is in place in spite of being sued.
The Chaos to the Dockets that comes with Hemmons and King
In other cases, Hemmons has filed in the county and the Eighth District Court of Appeals, she has asserted the current clerk of council, Eric Brewer, is not recognized by the mayor and law department. The claim is very different in the current lawsuit which states, "East Cleveland City Council appointed Defendant Brewer to serve as clerk of council in March of 2023. Defendant Brewer has continuously held that position since that appointment." Hemmons has engaged residents and another attorney to represent the conflicts of interests and narratives unsupported by previous lawsuits. Did young Bardwell read any of the other cases in the courts before filing the Complaint?
Who is paying Attorney Bardwell of Speech Law, LLC?
The lawsuit identifies several people, as "Ohio residents" who allegedly submitted public records requests to Brewer. The Complaint identifies the parties as East Cleveland residents with Hemmons as the exception to residency. The lawsuit does not attach the alleged records requests or written, sworn, and notarized affidavits by any of the parties to support a mandamus under Ohio law. The lawsuit filed by attorney Bardwell states he is the attorney for Hemmons and the plaintiffs. It appears the same plaintiffs will be using more of their tax dollars to pay young Bardwell instead of pushing for road repairs and new street lights badly needed in the municipality.
Bardwell is seeking the following relief from the cash-strapped municipality:
"Order Defendants to pay a forfeiture under Ohio Rev. Code §§ 121.22 or 149.351; Award damages; Award attorneys’ fees that are not disproportionate; Award costs; and Order any other relief available under Ohio Rev. Code §§ 149.43 or Chapter 2731, and any other relief as is appropriate."
It appears the law firm is seeking money from the city for alleged violations of the Ohio Sunshine laws and to force a city that has historically not created and maintained public records. Ohio Supreme Court records reveal attorney Bardwell passed the Bar in 2019 and graduated from Case Western Reserve Law School. After passing the bar exam, Bardwell founded the law firm, Speech Law, LLC. The Complaint cites civil rights violations, dereliction of duty, City of East Cleveland Charter violations, destruction of public records, violations of the Public Records Act, and violation of open meeting records laws. Psst, Bardwell are you in the right jurisdiction with some of these claims? Inquiring minds want to know...
The Eighth District Court of Appeals threatened Hemmons to be sanctioned and deemed frivolous for filing lawsuits to end political infighting
Hemmons and Heather McCollough were told to stop using the courts to end political infighting. The Eighth District Court threatened to sanction and deem their conduct as frivolous but that has not stopped them from engaging other attorneys to file these types of cases against the city.
are recorded in the public docket as the plaintiffs in the Complaint seeking monetary relief from the city. The residents are commonly referred to as "Team King" and are often seen in public meetings supporting missing money and not requiring King to tell them where ARPA & CARES Stimulus funds were allocated. Records reflect several homeowners received a $3,000 stimulus from King right around the time of the first recall.
Do residents want records and not a better quality of life?
The residents are seeking monetary relief from the city but not an improvement of roads and infrastructure from the King administration. King has no development plans for the city that is being taken over by non-profits and the county land bank. The agencies are giving grants to homeowners and not going through the city's established housing department, to fix their homes. The county land bank and non-profits are eating up the city's land and redeveloping it without the elected officials and the residents are enamored with King's used car salesman routine they are now expending more taxpayer funds on another lawsuit that will cost them more money to defend the allegations. King has no plan to revitalize the city but the residents continue to support him as he and the outsourced law department misappropriate funds not approved in the city's budget.
Hemmons and King as parties against a city they are elected and appointed to protect the interests of, sheds more light on the corruption and the Pied Piper of Hamlen effect King has on residents. If the residents remember the Pied Piper story: he led the rats to the river to drown them. That is King's gift: he can lead the residents from the Hill to the river, and as he leads them to economic drowning they happily follow along with filing frivolous lawsuits and continuing to embolden bad behavior by Hemmons in the courts. It has become more difficult for those of us on the outside to feel sorry for the residents.
Hemmons's conflicts of interests as a party should, if the judge is paying attention, render a referral to the Cleveland Bar Association and dismissal from the lawsuit. Young Bardwell is in for a rude awakening with this lawsuit! As other states are moving away from the Bar exam because it does not gauge the comprehension of law it appears Hemmons and Bardwell are good examples of why Ohio should move in the direction of requiring attorneys to study under tenured attorneys first and create a portfolio for Bar review before giving a license to practice. Did young Bardwell talk to the Fiscal Oversight Committee to determine if there was available funding for the lawsuit? Did he query the elected body if they would vote to approve any relief possibly awarded?
Gentrification coming through
The Cuyahoga County Landbank website reported, "The Circle East District redevelopment project in East Cleveland has been awarded $2.3 million from a federal bill that was passed in early March. U.S. Representative Shontel Brown and U.S. Senator Sherrod Brown both championed the bill. The $2.3 million award includes $1 million towards home repair for existing homeowners in the neighborhood, $500,00 towards the construction of the greenway and park, and the remainder for other infrastructure needs." The website further states, "The Circle East District project is a phased, five-year plan to revitalize the 30-acre East Cleveland neighborhood directly adjacent to University Circle on the eastside of Euclid Avenue. The City of East Cleveland asked Cuyahoga Land Bank to take the lead in implementing the community plans developed for this neighborhood in 2015. The community’s stated goal is a mixed income, racially diverse neighborhood consisting of new homes, a revitalized Euclid Avenue commercial corridor, and new above- and underground infrastructure.
“The plan is to create a sustainable, green neighborhood that showcases housing built for the future that includes features such as rooftop solar and EV chargers, meeting the needs of both current and future buyers,” said Dennis Roberts, Cuyahoga Land Bank’s Director of Real Estate Development.
Phase 1 of this project includes:
The renovation of existing homes in the neighborhood through $10,000 grants
A $3.5 million dollar renovation of a 25,000-square foot commercial building that will bring new jobs to the city
The opening of the city’s first café
The building of 12 new townhomes and 22 new market rate single-family homes
The construction of a new greenway
The installation of new waterlines, sewers and streetscape on Euclid Avenue, Woodlawn Avenue and Penrose Road"
The Cuyahoga Land Bank is a private, non-profit, government-purposed entity formed following passage of Ohio Senate Bill 353 in 2009, which granted county land banks the special community development powers needed to improve neighborhoods. The mission of the Cuyahoga Land Bank is to strategically acquire properties, return them to productive use, reduce blight, increase property values, support community goals and improve the quality of life for county residents. Now in its 15th year, the Cuyahoga Land Bank has several initiatives specifically designed to support the revitalization of Northeast Ohio communities, including, Realty Reimagined (a nonprofit real estate brokerage) Land Bank Charities."
Lifelong residents will face higher property taxes which could lead to a huge migration out of the municipality. Generational homes could become subject to tax foreclosures and a wave of foreclosures could be a result of the non-profit development. The city government has no control over the non-profit's plans and as the political infighting and financial hemorrhaging continue it appears the future of the municipality is bleak for lifelong residents. East Cleveland residents led by an attorney with no oath of office, not bonded, and voted out of office over a year ago by the elected body continue to distract from the city's real problems.
If the residents want better they should do better!
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