East Cleveland Mayor & Police Chief continue lies and hiding public records
From: ejon firstname.lastname@example.org
To: rriley <email@example.com>; rspotts <firstname.lastname@example.org>; Mayor Norton <email@example.com>; garythekappa <firstname.lastname@example.org>; Joy Jordan <email@example.com>; lewisskeewee08 <firstname.lastname@example.org>; nathaniel.martin <email@example.com>; angle4564 <firstname.lastname@example.org>; Mansell Baker email@example.com
Cc: dyost <firstname.lastname@example.org>; Robert R. Hinkle <RRHinkle@ohioauditor.gov>; cleveland.cv <email@example.com>
Sent: Tue, Jul 31, 2012 5:40 pm
Subject: Response to Spotts
Eric Jonathan Brewer
3743 East Market St. #108 Warren, OH 44484 Email: firstname.lastname@example.org
July 31, 2012
Atty. Ronald K. Riley, Director of Law
Chief Prosecuting Attorney
City of East Cleveland
14340 Euclid Avenue
East Cleveland, OH 44112
Copied with this letter is a July 30, 3012 email from the publicly-funded email address of Chief of Police Ralph Spotts. In his official capacity as Chief of Police, Spotts wrote that “Under no conditions should or will we respond to all of that” in response to my July 16, 2012 request for public records under Ohio Revised Code section 149.43.
It is an admission from a public employee that he will not perform a duty imposed upon the office of the Chief of Police by law in violation of ORC 2921.44(e). His statement supports the suspicions I outlined in my email communication to you, the Mayor and members of the Legislative Authority on July 30. My email alleges that the person who occupies the “office” of Chief of Police is “obstructing, covering-up for and otherwise attempting to shield and protect Carroscia and other police officers from being held accountable for their misconduct by failing to deliver the records I requested.”
You are aware that I forwarded a public records request to the City on July 16. That request sought records from police, human resources and finance. My July 30 email notes that public employees have not substantially complied with my lawful request for public records. I received personnel records of officers Terry Wheeler and Todd Carroscia, a CAD disk, an incident report and a daily activities record; but the records only partially responded to two out of 17 items that I requested from the city. The majority of the 17 requested documents were under police custody. This correspondence is dated July 31, and comes 15 days after my initial public documents request. I further note that at no time has any official cited a specific exemption in writing that restricts the release of certain public records in accordance with Ohio law.
I received an email from you on July 27 stating that you had some of the public documents I requested. I asked in a responsive email the same day if you would identify the records that were not readily-available and give me an indication as to when they’d arrive. You did not respond.
Some of the documents arrived on July 30 and I responded via email the same day to again inform you that the City had not substantially complied with my documents request. Spotts’ July 30 email explains why. It creates the impression that he has already misused the public office of Chief of Police to violate duties imposed upon the public employee who holds it as mandated by several Ohio laws.
I would argue that upon investigation of email and telephone records by the Director of Law, Mayor or Legislative Authority, they will learn that – even while you were attempting to provide a response in compliance with Ohio laws and ordinances approved by Council – Spotts was contacted by police employees while on vacation and more than likely instructed them not to cooperate. I would argue that the failure on the part of public employees to report his allegedly unlawful orders to the appropriate authority, and their willingness to disobey duties imposed upon their own public positions, is the reason the documents I requested have not been forthcoming from the police department. According to Spotts’ ignorant assertion in his email, his authority is greater than that of the Supreme Court of the United States, the Supreme Court of Ohio, Congress, the Ohio General Assembly, East Cleveland City Council and the office of the mayor. As he stated via his public email account, “Under no conditions should or will we respond to all of that.”
Spotts’ email is a confession of guilt that supports both state and local criminal obstruction and dereliction charges to be filed against him either in municipal or in state court to cause his eventual prosecution and conviction. At the very least, the Mayor should terminate his employment. I administered Spotts the oath of office as Chief of Police and I know he swore to faithfully uphold the authority of all the superior authorities I identified above. A signed copy of that oath should be contained in his personnel file. Out of his own incompetent mind, Spotts has mistakenly envisioned the public position of Chief of Police as a job that has no limits other than those of his own choosing.
What is equally compelling is Spotts’ failure and inability to comprehend the scope of the allegations brought forth in my records request, which identifies violations of not only my son’s civil rights, but of the city’s departmental rules and policies. His personal and vendetta-driven July 30 email to me serves as a dramatic reminder to the U.S. Attorney, FBI and Council that East Cleveland’s police department is under the control of individuals with a “cover-up” and “obstruction of justice” mindset. Nothing more firmly confirms the need for Council to remove the Chief of Police from the civil service so that a better-trained and qualified person can dismantle what can only now be described as a police organized crime enterprise under Spotts’ supervision. If ever there was a candidate for a federal criminal RICO investigation, the East Cleveland police department, under Spotts’ supervision, is at the top of the list.
Spotts’ child-like, unprofessional and semi-literate July 30 email ignores the reality of how police officers conducted themselves to unlawfully detain two members of my family, and to unlawfully confiscate my son’s property. Instead of addressing the unlawful and rule-violating behavior of the police officers, he seeks to attack me for exposing it. It also contains a lie, which is that my son’s property has been returned to him when it has not. He writes …
“It’s interesting to me that you have so much evil and you are so miserable that you spend every day thinking about other people you can try to mess with. I wish you well in your life and hope someday you fine [sic] peace before you kill yourself with bitterness and misery. And all this over a badge??? Really and you got it back and still tripping like this. WOW!!!!”
At issue is a July 14, 2012 traffic stop that involved two members of my family of which one was cited for an alleged window tint violation; while both were unlawfully detained by Carroscia in violation of their civil rights for 26 minutes. Ohio and federal courts have consistently instructed police officers that they can only detain American citizens for as long as it takes to write a citation when there is no evidence to support a longer detention to investigate obvious criminal activity. If the tinted window was the probable cause reason for the traffic stop, police cannot go on fishing expeditions to learn if another crime is being committed when no obvious evidence exists to support it. My son’s personal property, a souvenir from my days at city hall, was not a probable cause reason to extend his detention by Carroscia, who contacted an off-duty Wheeler instead of his on-duty OIC. Wheeler has now confirmed in writing that my son didn’t violate any laws or ordinances. His only reason for instructing Carroscia to unlawfully extend my son and relative’s detention, and to unlawfully confiscate his property in violation of his civil rights, was that he “felt” it was “a lie” that he possessed a courtesy badge that said “Mayor’s Son.” No American citizen should suffer from the ignorance of a ranking police supervisor with a history of multiple disciplinary violations because he chose to act on “feeling” instead of his knowledge of and respect for the laws his authority limited him to enforcing.
When Mr. Brewer asked Carroscia to identify an ordinance or law that he was violating as the reason for the confiscation of his property, the police officer told him he would not cite one.
As an officer of the municipal corporation, and the city’s chief prosecuting attorney, you are fully aware of your duties under both Ohio law and the disciplinary rules that guide the legal profession as contained in the Code of Professional Responsibility. Spotts, in his capacity as Chief of Police, has admitted to violating Ohio and the city’s dereliction of duty and obstruction of official business statutes. Disciplinary Rule 1.13 requires you to report his unlawful conduct, since he is a constituent of the organization that employs you, to the highest authority able to correct it. If the Mayor is an involved and fully-participating player in obstructing my access to public records, you are duty-bound to give him an opportunity to self-correct or inform Council.
Either way, a city facing a $7 million deficit should not have to waste time defending and paying for not only the legal expenses, but the $1000 statutory damages tied to the misconduct of errant employees who just got out of court for failing to respond to another citizen’s public records request. With all the mandatory open government training imposed upon elected officers, there is no way for Gary Norton and Spotts not to know that the offices they hold have a duty to turnover public records. Based upon the preponderance of evidence, any action I file to gain access to the public records will come with a request of the Court to order the offending officials prosecuted.
This letter continues my pursuit of public records and a request that Spotts’ actions be investigated by the appropriate authorities so that he is fully held accountable for his misconduct. The only thing Spotts’ July 30 email proved is that he’s an ignorant civil servant who’s totally unqualified to perform even the most basic law enforcement duties; not even as an unarmed security guard.
I extend my deepest apologies to the residents of East Cleveland for assigning Spotts to serve as Chief of Police. If I had been blessed with a cooperative council, one that approved an ordinance to remove the police chief from the classified service, Mary Bounds, instead of Spotts or Pat Lane, would have better served them. Perhaps now they will correct this true injustice.
Eric Jonathan Brewer
Gary Norton, Mayor
David Yost, State Auditor
Steve Dettelbach, U.S. Attorney
Jonathan Coughlan, Disciplinary Counsel
Check this out.———- Forwarded message ———-
From: “Ralph Spotts” <email@example.com>
Date: Jul 30, 2012 9:18 PM
Subject: RE: RE: Eric Brewer – Public Records Request
To: “ejon” <firstname.lastname@example.org>
Just because I will respond to this B.S. you continue to do. I was on vacation since the 13th and did not receive your request. Even so you sent it to everyone else who could have done so . Under no conditions should or will we respond to all of that. It’s interesting to me that you have so much evil and you are so miserable that you spend every day thinking about other people you can try to mess with. I wish you well in your life and hope someday you fine peace before you kill yourself with bitterness, and misery. By the way get some of your facts right before you print them, you were better than that. And remember you stated a lot of things that have yet to be talked about while you were in office. Again thanks for making me the Chief and it’s funny how you wanted to take credit for that. And Carroscia was not my favorite. And all this over a badge?????Really And you got it back and still tripping like this, WOW!!!!!!!
From: ejon [mailto:email@example.com]
Sent: Monday, July 30, 2012 5:36 PM
To: firstname.lastname@example.org; email@example.com
Cc: Joy Jordan; firstname.lastname@example.org; email@example.com; Mansell Baker; firstname.lastname@example.org; email@example.com; Mayor Norton
Subject: Re: RE: Eric Brewer – Public Records Request
I received some of the requested public information today. Thank you.
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