IN THE SUPREME COURT OF 0910
THE STATE OF OHIO EX. REL. CASE NUMBER: 08-0478 SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE
RELATOR,
V8.
J.ENNIFER BRUNNER OHIO SECRETARY OF STATE
RESPONDENT.
RELATOR'S EVIDENCE VOLUME I
TIMOTHY J. GRENDELL (#0005827) Grendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Ohio 44147 Phone No.: (440) 746-9600 Fax No.: (330) 659-2278 E-mail: grendeilandsimonlaZvahoo.com
COUNSEL FOR RELATOR SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE
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Transcript of deposition of Seoretary of State Jennifer Brunner with Exhibits thereto.
Videotape/DVD of Deposition of Secretary if State Jennifer Brunner.
Due to the ten day filing deadline for the evidence in this case and the delay in taking Secretary of State Brunner's deposition by two days due to her Motion for
Protective order, which was denied, this evidence is being submitted in pan by videotape and part by DVD. The court reporting company could not make 13 videotapes by the filing deadline. Relator will replace or provide additional videotape if the Court requests. 1
1 IN THE SUPREME COURT OF OHIO
2
3
4 State of Ohio, ex rel. Summit County 5 Republican Party Executive Committee, 6 Relator, Case No. 08-0478 7 vs. 8 Jennifer Brunner, Ohio 9 Secretary of State,
10 Respondent.
11
12 VIDEOTAPED DEPOSITION OF JENNIFER L. BRUNNER 13
14
15 _,Taken at The Office of the Secretary of the State of Ohio 16 180 East Broad Street, Suite 1600 Columbus, OH 43215 17 March 12, 2008, 4:42 p.m.
18
19 Spectrum Reporting LLC 20 333 Stewart Avenue, Columbus, Ohio 43206 614-444-1000 or 800-635-9071 21 www.spectrumreporting.com
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A P P E A R A N C E S
2 ON BEHALF OF RELATOR: 3 Grendell & Simon 4 6640 Harris Road Broadview Heights, OH 44147 5 By Timothy J. Grendell, Esq.
6 ON BEHALF OF RESPONDENT: 7 Attorney General's Office 8 Constitutional Offices Section 30 East Broad Street, 16th Floor 9 Columbus, OH 43215 By Richard N. Coglianese, Esq. 10 Pearl M. Chin, Esq. Michael W. Deemer, Esq. 11 Damian W. Sikora, Esq.
12 ON BEHALF OF RESPONDENT: 13 Ohio Secretary of State General Counsel 14 180 East Broad Street, 15th Floor Columbus, OH 43215 15 By Eleanor L. Speelman, Esq.
16 ON BEHALF OF RESPONDENT: 17 James D. Owen & Associates 18 5354 North High Street Columbus, OH 43214 19 By James D. Owen, Esq.
20
21 ALSO PRESENT:
22 videographer - Samuel Mattern Alex Arshinkoff 23
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1 Wednesday Evening Session
2 March 12, 2008, 4:42 p.m.
3
4 S T I P U L A T I O N S
5
6 It is stipulated by counsel in attendance that
7 the deposition of Jennifer L. Brunner, the
8 Respondent herein, called by the Relator for
9 cross-examination, may be taken at this time by
10 the notary by notice and agreement that said
11 deposition may be reduced to writing in stenotypy
12 by the notary, whose notes may thereafter be
13 transcribed out of the presence of the witness;
14 that proof of the official character and
15 qualification of the notary is waived.
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1 I N D E X
2 Examination By Page
3 Mr. Grendell - Cross 18 Mr. Coglianese - Direct 138 4 Mr. Grendell - Further Cross 143
5 Deposition Exhibits
6 0 - Subpoena
7 1 - Petition For Writ Of Mandamus, Writ of Prohibition, Other Writ, And Alternative 8 Writs
9 2 - Fax to Brunner from Arshinkoff, 2-21-08 23
10 3 - Respondent Ohio Secretary Of State 126 Jennifer Brunner,s Motion In Limine 11 4 - 3501.07 24 12 5 - Letter to Brunner and Farrell from 36 13 Struble
14 6 - Affidavit of Judge Bond 76
15 7 - Affidavit of Judge Spicer 76
16 8 - Affidavit of Retired Judge Schneiderman 76
17 9 - Brian Daley packet 82
18 10 - Letter to Hawkins from Varian, 3-6-08 105
19 11 - Fax to Farrell from Arshinkoff, 2-29-08 106
20 12 - Roberts Rules of Order 136
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1 I N D E X (cont'd) 2 Defense Exhibits Page
3 A - E-mail from Farrell, 2-29-08 138
4 B - Letter to Brunner with attachments 141
5 C - Fax to Farrell from Coughlin, 2-29-08 162
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22 (Exhibits attached to original transcript.)
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1 MR. GRENDELL: Would you note on the
2 record that it's 4:42, and we've been sitting here
3 for about five minutes already. Thank you.
4 (A recess is taken.)
5 MR. GRENDELL: We're on the record.
6 I'm doing everything on the record with you guys.
MR. COGLIANESE: Well, that's fine.
8 MR. GRENDELL: I'm tired of sitting in
your office while you're subpoenaing somebody and
10 sending it to my office and -- I mean, let's put
11 it on the record. That's just nonsense. I mean,
12 that is below nonsense. I would expect more from
13 a storefront ambulance chaser than I'm receiving
14 from the Attorney General's Office. It is just
15 unprofessional.
16 You guys knew I was with five of your
17 lawyers sitting in your office at, what, East --
18 Fourth and Gay and you're serving somebody with a
19 -- a subpoena and sending it to my office in -- in
20 Cuyahoga County without ever calling to see if
21 we're scheduled, knowing full well that we have a
22 7:30 deposition already scheduled in this case,
23 previous to the hearing in this case, and you then
24 somehow unilaterally set a deposition at 7:45 at a
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1 different location. Obviously, that's
2 unacceptable. We will object. We will move to
3 strike. We'll file everything we've got to file.
MR. COGLIANESE: You do what you need
5 to do, Mr. Grendell. I'll do what I need to do.
6 Let the record reflect that.
7 MR. GRENDELL: So far you're striking
8 out.
9 MR. COGLIANESE: Let the record reflect
10 also, sir, that you set Ms. Warsmith's deposition
11 without bothering to contact me.
12 MR. GRENDELL: We sent you a copy. We
13 sent you a copy. That's more than you did for me.
14 MR. COGLIANESE: That's the exactly the
15 same that I did for you in this.
16 MR. GRENDELL: I --
17 MR. COGLIANESE: Sir, please let me
18 finish. I didn't interrupt you. I would expect
19 the same courtesy.
20 MR. GRENDELL: That,would be -- I've
21 given you nothing but courtesy and received
22 nothing in return. But go ahead.
23 MR. COGLIANESE: Are you done?
24 MR. GRENDELL: No, but go ahead.
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1 MR. COGLIANESE: Are you done or am I
2 going to be allowed to talk?
3 MR. GRENDELL: You're wasting your
4 time.
5 MR. COGLIANESE: Sir, you're wasting
6 deponent's time --
7 MR. GRENDELL: No, we're waiting for
8 the deponent. For the record, what time is it
9 now? It's 4:51. We've been here for 14 or 15
10 minutes.
11 MR. COGLIANESE: And I understand, sir,
12 that you broke for a half hour lunch at 1:30 today
13 and didn't bother to show up until 3:00.
14 MR. GRENDELL: Now, don't lie on the
15 record, okay? Let's get this straight. Because
16 then we're going to talk about ethical
17 considerations.
18 What we did is I sent you a letter,
19 sir, and the letter said, sir, that I had to
20 reschedule this deposition, sir, because you filed
21 a frivolous and baseless motion to move it from
22 Monday.
23 Had we done this deposition on Monday,
24 I we would not be sitting here, sir, but I had it
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1 scheduled to 3:30 today because of your frivolous
2 motion while we were prepared to take that
3 deposition here Monday morning.
4 I said in my letter to you that I will
5 accommodate your schedule after you set some more
nonsensical depositions at 10:00 and, I think,
7 2:00 up in Akron, that we will accommodate your
8 depositions of Mr. Arshinkoff and Mr. Daley today,
9 subject to my Senate schedule, sir. And that's
10 what intervened, sir, and I had the right to be
11 there pursuant to the Ohio Supreme Court Rule of
12 Superintendency that governs that specific event,
13 and you were given notice of it, sir.
14 MR. COGLIANESE: I'm going to ask you
15 again, Mr. Grendell: Are you done?
16 MR. GRENDELL: I'm not going to waste
17 my time answering your stupid questions. Get the
18 deponent and let's get started. We're not going
19 to get done until you get the deponent here, sir.
20 MR. COGLIANESE: If you want to put
21 this on the record, Mr. Grendell, we will put this
22 on the record. As I mentioned, you managed, my
23 understanding, was to take an hour and a half
24 break today. I understand we all have things to
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do, but that is my understanding of what happened.
2 MR. GRENDELL: Then just --
3 MR. COGLIANESE: Furthermore --
4 furthermore, as I mentioned, you noticed
5 Ms. Warsmith or you subpoenaed Ms. Warsmith for a
6 deposition without bothering to check with me.
That was faxed to my office. I just got that
subpoena from the court reporter, who was taking
9 care of serving it. It was faxed to you
10 immediately, it was handed to me, you just got
11 here, you just got a copy.
12 MR. GRENDELL: Well, for the record --
13 MR. COGLIANESE: We have -- excuse me.
14 MR. GRENDELL: It's defective. It's
15 from a United States District Court. Last I
16 looked, we were in the Ohio Supreme Court, so your
17 subpoena is defective on its face.
18 MR. COGLIANESE: Excuse me. Would you
19 pleases allow me to finish?
20 MR. GRENDELL: If you have something to
21 say, say
22 MR. COGLIANESE: I just would expect --
23 MR. GRENDELL: Just be accurate when
24 you do it, please, unlike the motions you've been
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1 filing.
2 MR. COGLIANESE: Sir, if you have a
3 problem with anything I filed with the court,
4 please take it up with them.
5 MR. GRENDELL: I will.
MR. COGLIANESE: That's fine.
7 As I mentioned, you called Ms. Warsmith
8 to a deposition the exact same way I called
9 Mr. Currin to a deposition. Mr. Currin has
10 problems tomorrow, that he is only available from
11 that time until about 9:30 in the morning. He is
12 not available the rest of the day. So we are
13 going forward at that time, at that place.
14 We will also have somebody in Broadview
15 Heights for that deposition. You need, based on
16 the expedited schedule, apparently to get a second
17 attorney to cover this.
18 Now, I understand why Mr. Arshinkoff is
19 in here. I'm trying to figure out what
20 Mr. Daley's role in here is.
21 MR. GRENDELL: Well, Mr. Daley will
22 leave when we get started if we ever get a
23 deponent, seeing that the deponent now is 20
24 minutes late. He can sit here until she gets
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1 here, number one. Number two, your subpoena is
2 defective on its face, because it's been issued by
3 the United States District Court. Unless you guys
4 have moved this case somewhere, we're in the Ohio
5 Supreme Court. Number three, I don't have to go
6 out and get another lawyer to do anything. We
7 have a previously scheduled deposition, it was
8 served yesterday, you received your copy of that
9 yesterday. I sent it to your office because I
10 knew that's where you would be.
11 You sent them to my office while I was
12 sitting in your office in Columbus. That is just
13 ridiculous. We will object to this both on the
14 basis of an invalid subpoena, the lack of time to
15 have counsel present, your unethical scheduling of
16 another deposition while one has already been
17 scheduled in this case.
18 MR. COGLIANESE: Sir, enough, enough.
19 MR. GRENDELL: And what I'd really like
20 is to have a deponent here so we could take the
21 deposition.
22 MR. COGLIANESE: Enough with --
23 MR. GRENDELL: Do you want us to take
24 her over to the Supreme Court to do this
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1 deposition or are you going to produce her?
2 MR. COGLIANESE: I told you she would
3 be here in a minute.
4 MR. GRENDELL: That was five minutes
5 ago.
6 MR. COGLIANESE: From this point
7 forward, you are not to refer to unethical
8 behavior. If you have a problem with what I have
9 done and the way I have done it, I suggest very
10 strongly that you file a motion with the Ohio
11 Supreme Court or file a charge with the Columbus
12 Bar Association, the Ohio State Bar Association,
13 or Disciplinary Counsel.
14 MR. GRENDELL: Let me help you with
15 this: You're not my father. You're not going to
16 tell me anything, okay?
17 MR. COGLIANESE: I didn't tell you; I
18 suggested it. And before we get started, I'd also
19 actually like to ask -- and I apologize to do
20 this. But pursuant to the civil rules, can I see
21 please the videographer's credentials.
22 THE VIDEOGRAPHER: I don't have my
23 credentials with me. I'm a notary. And I've been
24 doing this for two years.
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MR. COGLIANESE: And your motion --
2 THE VIDEOGRAPHER: Two and a half.
3 MR. GRENDELL: If you want to go get
4 denied a third time tomorrow, that's fine. But
5 we're going to be videotaping the deposition.
6 MR. COGLIANESE: Can you have your
7 office fax the credentials to me, please.
8 THE VIDEOGRAPHER: What should the
9 credentials entail?
10 MR. COGLIANESE: Your license as being
11 a notary.
12 THE VIDEOGRAPHER: Sure. Do you want
13 me to fax that over?
14 MR. COGLIANESE: Yes. Let me find a
15 fax number.
16 MR. GRENDELL: For the record, that was
17 just raised at 4:50 on a day when the deposition
18 was set for 3:30 after the --
19 THE REPORTER: One at a time.
20 MR. COGLIANESE: (Leaving the room)
21 Let the record reflect that Mr. Coglianese is not
22 in the room. I don't hear anything is
23 Mr. Grendell is saying should be off the record.
24 MR. GRENDELL: Mr. Coglianese needs to
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1 have his witness in the room. We'll agree to
2 that.
3 (A recess is taken.)
4 MR. GRENDELL: While we're here, would
5 you please enter this into this record as
6 Deposition 0 for the purposes of today's
7 proceedings. it is a deposition [sic] issued by
8 the United States District Court in Case No.
9 20080478, a case which I suspect does not entitle
10 the State of Ohio vs. Jennifer Brunner, Secretary
11 of State.
12 It purports to be a dep -- a subpoena
13 for a deposition served on one record custodian
14 William Currin of Hudson. I suspect he's not the
15 record custodian for Hudson either, but it
16 purports to be for a deposition set for tomorrow
17 at 7:45. I note for the record that is not the
18 case in which we are currently involved in
19 litigation,'because that's in front of the Ohio
20 Supreme Court.
21 And note for the record that this was
22 given to me at 4:45 p.m. on today, March 12th,
23 2008. I note that such deposition of Mr. Currin
24 at 7:45 when we had already previously scheduled
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1 and served subpoena on Ms. Warsmith,
2 W-A-R-S-M-I-T-H, for her deposition in Richfield,
3 Ohio at 7:30 tomorrow morning; therefore, counsel
4 for Relator can't be in two places at one time.
5 The distance is about 15 miles apart.
6 And we will be objecting to all of the
7 issues involved with that subpoena marked as
8 Exhibit 0.
10 Thereupon, Deposition Exhibit 0 is marked
11 for purposes of identification.
12
13 MR. GRENDELL: And I might note for the
14 record, counsel represented to me earlier that
15 that was a form of the deposition subpoena that
16 was served on Mr. Currin, the Mayor of Hudson,
17 previously to 4:45 p.m. today, March 12th, 2008.
18 Do you have your watch on?
19 MR. ARSHINKOFF: Yeah.
20 THE REPORTER: Are we still on the
21 record?
22 MR. GRENDELL: Yeah. What time is it?
23 And for the record, it's five after 5:00 p.m.
24 (A short recess is taken.)
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1 MR. GRENDELL: Are you ready?
2 THE WITNESS: Uh-huh.
3 MR. GRENDELL: Are we ready? Nope.
4 How are we looking?
5 THE VIDEOGRAPHER: I'm ready.
6 MR. COGLIANESE: Yeah, I'm good.
7 THE VIDEOGRAPHER: Stand by, everyone.
8 I'll read us on the record.
9 MR. GRENDELL: Do you need a voice
10 check on these?
11 THE VIDEOGRAPHER: We are on the record
12 at 17:04. Would counsel please announce their
13 presence.
14 MR. GRENDELL: I am Timothy Grendell
15 from the law firm of Grendell & Simon. I'm here
16 on behalf of the Relator, State of Ohio, ex rel.
17 Summit County Republican Party Executive
18 Committee. And with me today is Mr. Alex
19 Arshinkoff, who is the chairman of the executive
20 committee.
21 MR. COGLIANESE: Assistant Attorney
22 General Rich Coglianese on behalf of Secretary of
23 State Jennifer Brunner. With me -- I'm sorry.
24 With me at counsel table are Pearl Chin, C-H-I-N,
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1 Mike Deemer, D-E-E-M-E-R, Damian Sikora,
2 S-I-K-O-R-A.
3
4 JENNIFER L. BRUNNER
5 being first duly sworn, testifies and says as
6 follows:
7 CROSS-EXAMINATION
8 BY MR. GRENDELL:
9 4• We are here today to take the
10 deposition of the Ohio Secretary of State Jennifer
11 Brunner in Ohio Supreme Court Case No. 08-0478
12 pursuant to notice originally given for Monday,
13 March 10th, rescheduled because of a pending
14 motion filed by the Respondent at that time to
15 today at 3:30, delayed in part because of Senate
16 obligations I had, and because we then let the
17 Respondent take -- finish the deposition of
18 Mr. Brian Daley.
19 We're also here pursuant to a notice
20 and amended notice. The amended notice required,
21 Madam Secretary, that there be documents provided.
22 Have you provided any documents in response to the
23 notice?
24 A. My counsel has the documents that
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1 you've requested.
2 THE VIDEOGRAPHER: Please put --
3 THE WITNESS: Oh, do you want me to put
4 the microphone on?
5 MR. GRENDELL: Yeah. You have to put
6 it on for the --
7 MR. COGLIANESE: Those are all
8 originals.
9 MR. GRENDELL: Let the reflect --
10 record reflect that I've been handed a stack of
11 papers which counsel has said are original
12 documents, which I am placing on the table and
13 we'll get to them a little later in the process.
14 Q. Madam Secretary, before you I have
15 marked Exhibit 1 for purposes of these
16 depositions. Could you take a minute to look at
17 that, please?
18
19 Thereupon, Deposition Exhibit 1 is marked
20 for purposes of identification.
21
22 MR. COGLIANESE: Do you have a copy for
23 counsel?
24 1 MR. GRENDELL: It's a copy of the
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1 actual petition that was filed, buz you may have
another.
3 MR. COGLIANESE: Thank you.
4 Q• Actually, I mismarked the exhibit and
5 gave you my personal one. Let's mark this as 1
6 and we'll make the substitution. I apologize.
7 A. I'11 have to start over again.
8 Q. Mark that one as 1. Yeah, you may
9 start over. I apologize.
10 MR. COGLIANESE: Could you mark this as
11 Exhibit 1, please. Thank you.
12 THE REPORTER: Uh-huh.
13 Have you had an opportunity to look at
14
15 Yes.
16 Q• Have you seen it before?
17 A. Yes.
18 Q• Okay. Would you please state your full
19 name for the record.
20 A. Jennifer L. Brunner.
21 Q• And your title, please.
22 A. Ohio Secretary of State.
23 Q• And how long have you served in that
24 1 office?
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1 A. Since January the 8th of 2007.
2 Have you been deposed before,. Madam
3
4 Yes.
Q• And how many times?
6 A. Probably two or three times.
7 Q• So you understand, I am going to ask
8 you a series of questions. If you do -- do not
9 understand the question or I speak too quickly,
10 ask me to repeat the question. But you understand
11 as you answer the question, you're indicating you
12 understand the question to which you're giving an
13 answer?
14 A. I understand that if you ask me the
15 question, if I don't understand it I'm to let you
16 know.
17 Q. And if you answer it, you're indicating
18 that you understand the question to which you're
19 giving an answer. Do you understand?
20 A. That would probably be your
21 interpretation. But I will understand your
22 question the best that I can.
23 Q• well, do you make it a habit of
24 1 answering questions you don't understand,
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1 Madam Secretary?
2 MR. COGLIANESE: Objection. That's an
3 argumentative question. If you've got an answer
4 that you want to give, by all means do it, but --
5 A. I generally try to make sure I
6 understand the question before I answer it. My
7 husband might disagree.
8 Q• I have a wife who would say the same.
9 Are you at this time under any
10 disability or is there any factor that would
11 affect your memory or ability to understand the
12 questions that are being asked?
13 A. No.
14 Q• Under 3501.05 you have the legal duty
15 to appoint the members of the county boards of
16 elections; is that correct?
17 MR. COGLIANESE: Objection. Go ahead
18 and answer.
19 A. I'm not certain if that is the proper
20 code section. I do know it to be the general code
21 section that sets forth the powers and the
22 authority of the Secretary of State. And I also
23 do know that I have the legal authority to make
24 those appointments.
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1 Q. And, in fact, the procedure for that is
2 set out in 3501.07?
3 MR. COGLIANESE: Objection. Go ahead.
4 A. I believe that is correct.
5 Q. Let me hand you what's been marked as
6 Exhibit 2, and let me have counsel look at it
7 first because I don't have additional copies.
8 Have you seen Exhibit 2 before?
9
10 Thereupon, Deposition Exhibit 2 is marked
11 for purposes of identification.
12
13 A. Yes.
14 Q. And have -- have you and your office
15 responded and provided the documents requested in
16 Exhibit 2 as of March 12th, 2008?
17 A. Yes.
18 Q. And when was that?
19 A. You have those today.
20 Q. Well, those were in response to the
21 notice duces tecum; is that correct?
22 A. Yes. But they also respond to this
23 request. And since Mr. Arshinkoff is here, I
24 believe we've satisfied his request, then. He's
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1 looking through the documents as -we speak.
2 Q. Thank you.
3 I'm going to hand you what's been
4 marked as Exhibit 4 for purposes of today. And I
5 do have a copy for counsel.
6
7 Thereupon, Deposition Exhibit 4 is marked
8 for purposes of identification.
9
10 MR. COGLIANESE: Just --
11 Q• Are you familiar --
12 MR. COGLIANESE: -- for the record, are
13 you skipping Exhibit 3?
14 MR. GRENDELL: Not yet. I'll come back
15 to it.
16 MR. COGLIANESE: Okay.
17 Q• You are familiar with ORC 3501.07; is
18 that correct?
19 A. Yes, I am.
20 Q• Would you agree with the statement that
21 as the duly elected Ohio Secretary of State, you
22 have the legal duty pursuant to the Revised Code
23 to appoint all of the members to the county and
24 local boards of elections?
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1 MR. COGLIANESE: Objection.
2 A. I think you're asking me to make a
3 legal conclusion, and although I'm an attorney,
4 that's not my role as a deponent.
5 Q• Well, is it your understanding as
6 Secretary of State that you have the legal duty to
appoint the hundred and -- I guess it's the
8 360-something board of election members in the 88
9 counties around the state?
10 MR. COGLIANESE: Objection. If you can
11 -- it is calling for a legal conclusion. If you
12 can answer it.
13 A. I believe that as of March lst I
14 appointed 176 members to boards of elections,
15 which would be half of the total numbers. So if
16 you want to multiply that number by two, I believe
17 that's some 150 -- 354 or 52.
18 Q- 352. But you appointed 176 members to
19 88 county boards of election as of March 1st of --
20 lst of this year; is that correct?
21 A. I did, yes.
22 Q• And you did that because you had the
23 legal duty and authority to do so under the
24 1 Revised Code Chapter 3501 --
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1 MR. COGLIANESE: Objection.
2 Q• -- isn't that correct?
3 MR. COGLIANESE: Objection, calls for
4 legal conclusion.
5 A. I -- I did what my job requires me to
6 do.
7 Q• Well, did you do that pursuant to
Section 3501 of the Ohio Revised Code?
9 MR. COGLIANESE: Objection, calls for
10 legal conclusions, asked and answered about three
11 times now.
12 Q. Under what authority did you -- did you
13 do -- undertake the power of --
14 A. Did you want me to answer the question?
15 Q• If you would like to.
16 A. Because I mean, he's objected, but I
17 could answer your question without having --
18 Q. If you would like to answer it, that's
19 fine.
20 A. And I think it's a yes-or-no answer.
21 So the answer is yes.
22 Q• In the 88 counties you appointed two --
23 one member of the board who is from the Democratic
24 1 Party as of March lst of this year; is that
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2 Correct.
Okay.
4 A. In each board.
5 Q• Right. Each of the 88 counties you
6 named one Democrat to the board in each of the 88
7 counties.
A. Uh-huh.
9 Q. And of those 88 Democrats you
10 appointed, were they all recommended by the local
11 Democratic Party executive committee?
12 A. That's what the law requires and the
13 answer is yes.
14 Q• Did you disapprove any recommendation
15 to a local board of election from a local
16 Democratic Party executive committee?
17 A. No, I did not.
18 Q• Now, of the 88 counties, you also named
19 one member to the board of elections who was a
20 Republican; is that correct?
21 A. Correct.
22 Q. And in how many counties did you not
23 recommend -- or approve the recommended appointee
24 1 that was recommended by that local party?
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1 MR. COGLIANESE: Before --
2 A. Three.
3 MR. COGLIANESE: Before you answer --
4 A. Okay.
5 MR. COGLIANESE: -- I'm just going to
6 enter an objection. This is -- we're here
7 specifically on the Summit County Republican Party
8 Executive Committee's lawsuit. This, I believe,
9 is well outside the scope, what you did in the
10 other 87 counties. I just want to enter an
11 objection for the record on that. You may go
12 ahead and answer, Madam Secretary.
13 Okay. You asked how many counties,
14
15 How many counties?
16 A. Three.
17 Q• Three. And that was Lawrence, Hardin,
18 and Summit County; is that correct?
19 A. That's correct.
20 Q• And in Summit County, you disapproved
21 two individuals who were recommended for
22 appointment by the Republican Party to the board
23 of elections; is that correct?
24 A. Yes.
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1 Q• The first was Mr. Alex Arshinkoff?
2 A. Yes.
Q• The second was Mr. Brian Daley?
4 A. Yes.
5 Q• Let's see. Let me get my phone turned
6 off or something.
7 What is the procedure that you use for
8 screening the recommended appointees to the local
9 boards of election?
10 A. The procedure we used was the elections
11 division created a file for each nominee. And
12 I'll refer to the people sent to me from the
13 parties as nominees.
14 The file contains an application form.
15 It may have contained some kind of party
16 resolution or communication from the party
17 nominating the person. It generally contained a
18 background check, the results of the background
19 check with both the Highway Patrol and the
20 Elections Commission, if we got the nomination in
21 time for that background check to be completed.
22 It generally included a resume and a letter from
23 -- or a letter from the person who was seeking the
24 appointment. And if there were any lett.ers or
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1 materials sent to us from anyone else about that
2 appointee, that was in the file as well.
3 At the same time, the elections
4 division of the office created a grid for me that
5 -- and that -- I don't know if that's in that
6 material. If it's not, we'll get it for you. I
7 just recalled that grid. But it essentially let
8 us know who had completed their continuing
9 education, who had any elections commission
10 issues, who had turned in their ethics forms, and
11 I think there may have been one or two other
12 issues. But where we -- we had a good picture of
13 whether people were up to date on things that were
14 required of us or that we required of them.
15 4• And do you have written criteria,
16 requirements, or standards that you send out to
17 the local county parties for them to use in making
18 their recommendation of an appointee to the board
19 of elections?
20 A. I don't believe that we do. That
21 material would have gone from the elections
22 division. And from what I can recall, I don't
23 think that I received a directive or an advisory
24 that was specific to that. And sometimes the
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1 election division just sends out memos or
2 reminders to the boards that it's time to send in
3 your appointments. I could be -- I could be
4 forgetting whether I signed a directive or
5 advisory about that. But I don't recall anything
6 about specific qualifications, because I don't
7 think there's anything in the code except that
8 they be a competent board member.
9 Q. All right. So just so I understand,
10 there is no published criteria, standards, or
11 requirements, and there's been no directive issued
12 to the local parties or local boards of election
13 as to what constitutes the criteria, standards, or
14 requirements for somebody to be competent for
15 purposes of appointment to a local board of
16 election; is that a true statement?
17 MR. COGLIANESE: Objection to the form
18 of the question. If you can answer it, go ahead.
19 A. Can you repeat the question, then?
20 Q• Yeah. There is -- we'll break it down.
21 There is no written or published criteria,
22 requirements, or standards as to the requirements,
23 standards, and -- and qualifications to be
24 competent for purposes of serving on a local board
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1 of elections? -
2 A. None that I'm aware of, only as to
3 director and deputy director, and that is
4 directive 2007-01.
5 Q• And you've issued no directive as it
6 applies to board of election personnel as far as
7 the members of the board, not the director or
8 assistant director, but the members of the board?
9 A. That's correct, because of the role
10 that the board members play is little different
11 from director and deputy director.
12 Q. And how so?
13 A. Director and deputy director manage the
14 day-to-day activities of the board of elections.
15 The board of elections members set the policies of
16 the board.
17 Q. Are -- do you personally interview
18 every person that you appoint to a local board of
19 election?
20 A. No, I don't interview any of them.
21 Q. Do you or members of your office
22 solicit input from third parties as to the
23 potential appointees or potential recommended
24 appointees to the.local boards of election?
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1 A. No.
2 4• Does members of your --
.3 A. Well --
4 4• board do that?
5 A. actually, Tim, I think one exception
6 was the Cuyahoga County Board of Elections where
7 all four board members resigned. And on the
8 Democratic side, the chairman of the Democratic
9 Party declined to'make -- to have the central
10 committee or the executive committee meet to make
11 the nominations of the Democrats. He left that
12 interview process up to me. So in that case, I
13 did solicit input from him as a courtesy.
14 And getting back to your earlier
15 question, when we were left in the situation where
16 we did not get a name from the Lawrence County
17 Republican Party or we did not get a satisfactory
18 name from the Summit County Republican Party, I
19 did actually interview the two board members who I
20 did appoint.
21 4• So it would be accurate to say that you
22 interviewed Mr. Donald Varian prior to your
23 appointing him to the Summit County Board of
24 Elections?
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1 A. well, in this case and -- and I also
2 interviewed the two Democrats in the Cuyahoga
3 County Board of Elections. Because we literally
4 went to Cleveland and held interviews like a job
5 interview and made a selection of two from a final
6 interview group of six people.
7 Back to your other question, actually,
8 David Farrell, director of elections, interviewed
9 Mr. Varian, reported to me that he was a
10 satisfactory candidate for appointment, then I
11 telephoned him, spoke with him briefly and offered
12 him the position.
13 Q. So to make sure I understand this. You
14 didn't talk to Mr. Varian prior to your notifying
15 him that you had selected -- or you did talk to
16 him prior to notifying him that he was selected?
17 A. I did not talk to him prior to
18 notifying him he was selected.
19 Q• But Mr. Farrell did that?
20 A. Correct.
21 Q. But Mr. Farrell didn't talk to
22 Mr. Brian Daley before he was rejected; is that
23 correct?
24 A. That is correct.
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1 4• And you never talked to Mr. Brian Daley
2 as we sit here today; is that correct?
3 A. That is correct. Actually, I think
4 either Mr. Farrell or Eleanor Speelman notified
5 Mr. Daley that he was not being reappointed --
that he was not being appointed. So he did get a
7 call from the office.
8 Q• But prior to your making the decision
9 not to appoint him, you never interviewed or had
10 any conversation with before mBrian Daley; is that
11 correct?
12 MR. COGLIANESE: Objection, asked and
13
14 That is correct. I had no obligation
15
16 And neither did Mr. Farrell; is that
17
18 That is --
19 MR. COGLIANESE: Objection.
20. A. To the best of my knowledge. And I
21 believe that's correct.
22 4• So would it be fair to say the first
23 time you talked to Mr. Varian was on February
24.1 29th, 2008?
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1 That would be a fair statement, yes.
2 Q• And that was in the context of the
3 phone conversation on which you were notifying him
4 that you had selected him to serve on the Summit
5 County Board of Elections?
6 A. That is correct.
7 Q- I'm going to hand you what's been
8 marked as Exhibit 5.
9
10 Thereupon, Deposition Exhibit 5 is marked
11 for purposes of identification.
12
13 MR. COGLIANESE: Do we have multiple
14 copies of this?
15 MR. GRENDELL: No. Unfortunately, I
16 just got that today.
17 MR. COGLIANESE: Okay.
18 Q• Secretary Brunner, if you would take a
19 minute to look at that, please.
20 MR. COGLIANESE: Mr. Grendell, we're
21 going to need you to make sure that you identify
22 documents that you've handed out of the production
23 documents that we gave to you today. Because as
24 I've mentioned before we started, those are
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originals. I want to make sure that public
2 records get put back in the proper files.
3 MR. GRENDELL: Oh, absolutely. In
4 fact, I'm trying to mark them in yellow. And when
5 we take a short break, I'll ask you to make copies
6 so we don't put your originals in the record.
7 MR. COGLIANESE: Thank you.
8 A. Done when you are.
9 THE REPORTER: Excuse me?
10 THE WITNESS: I told him done when he
11 is. I'm reviewing the documents.
12 MR. COGLIANESE: My client reads faster
13
14 Hence from years of being a judge.
15 In Lawrence County, which is what
16 Exhibit 5 is talking about, Mary Wipert who had
17 served, I guess, previously on the board of
18 election was recommended by the Lawrence County
19 Republican Executive Committee to serve on the
20 board of elections; is that correct?
21 A. She had been director and was fired and
22 her relative -- I think her grandfather-in-law
23 served on the board of elections and she was named
24 by the party to fill the other Republican spot on
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1 the board of elections as a member.
2 Q• Let me see if I can back that up.
3 MR. COGLIANESE: I guess, actually, if
4 I can just object. And, Mr. Grendell, if I know
5 where you're going, Ms. Wipert is not subject to
6 this litigation. So I guess I just don't see the
7 relevance of getting into Ms. Wipert. I'm going
8 to let you go for a little bit, but i'd like you
9 to kind of try and tie it into something.
10 MR. GRENDELL: You can object and I'm
11 not going to tie anything to you because last time
12 I looked, neither you nor the Secretary of State
13 were the judge.
14 Q• But I will ask you this: My question,
15 which you didn't answer -- in fact, read the
16 question back. We'll go that route if we have to.
17 (The record is read as requested.)
18 A. Serve at or on?
19 Q• Serve on.
20 (The record is read as requested.)
21 Okay. If the word is "on," the answer
22
23 And -- and she was -- you disapproved
24 1 of her appointment; is that correct?
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1 A. - I did.
2 Q- And in Exhibit 5, there's a reference
3 to you asking us to relay you any concerns we
4 might have upon the upcoming appointment process
5 for BOE members. You do see that in the first
6 line of Exhibit 5?
7 A. I did. Uh-huh.
8 MR. COGLIANESE: Objection.
9 Q• Did you give Ms. Wipert a chance to
10 provide information in response to your review of
11 her application for appointment --
12 MR. COGLIANESE: Objection.
13 Q• -- to the board of elections?
14 MR. COGLIANESE: Again, this is not
15 relevant whatsoever to the Summit County
16 Republican Party Executive Committee's case.
17 We're going to need to either get into something
18 relevant or we're going to need to get off the
19 subject.
20 Q. It's relevant. Please answer the
21 question.
22 A. This came in from one of my employees.
23 Mike Struble is one of my employees. And the
2.4 answer to your question is did I -- did I
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1 interview her or did I talk-to her?
2 Q• Did you give her a chance to -- did you
3 talk with her, first of all, about her board of
4 elections appointment?
5 A. No.
6 Q• Did you give her an opportunity to
7 respond to any of the issues that were raised as
8 to her qualification to serve on the board of
9 elections?
10 MR. COGLIANESE: Objection. This is
11 utterly irrelevant. Go ahead.
12 A. No. The law did not require that.
13 Q• Well, it's relevant because I asked a
14 question earlier about did you solicit
15 information. Now, here Mr. Struble says he was
16 relaying to you concerns. Mr. Struble works for
17 you?
18 A. Yes. A field or a regional liaison,
19 field representative. He's one of my own
20 employees.
21 Q. And he was sent out to -- to
22 investigate Ms. Wipert's qualifications; is that
23 correct?
24 A. No.
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1 MR. COGLIANESE: Objection.
2 A. No. He -- he works -- he regularly
3 travels to board of elections assigned in his
4 area, attends their board meetings and assists the
5 boards with what they need from our office.
6 Q. Did the Lawrence County Republican
7 Party make a second recommendation after you
8 disapproved Ms. Wipert?
9 A. They --
10 MR. COGLIANESE: Objection.
11 Mr. Grendell, do you represent the Lawrence County
12 Republican Party?
13 Q• Did the Lawrence County Republican
14 Executive Committee make a second recommendation
15 after you disapproved of her?
16 A. No, they did not.
17 Q. Did they file a mandamus action?
18 MR. COGLIANESE: Objection.
19 A. Yes.
20 Q• And did you appoint someone else, then,
21 to the board of elections while that mandamus
22 action was pending? -
23 MR. COGLIANESE: Objection.
24 A. I did -- sorry. I'll wait. for your
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1
2 MR. COGLIANESE: Sorry.
3 And who did you appoint?
4 MR. COGLIANESE: Objection.
5 Carl Lilly.
6 Q• In the Hardin County, you also
7 disapproved of the Republican Party's Executive
8 Committee recommend -- recommended appointee, did
9 you not?
10 MR. COGLIANESE: Objection.
11 Mr. Grendell, I'm going to ask you again to please
12 limit the questioning in this case to the Summit
13 County Republican Party. This is well outside the
14 scope of this litigation and is not reasonably
15 calculated to lead to the discovery of admissible
16 evidence.
17 MR. GRENDELL: And I respectfully
18 disagree, Counsel.
19 Q• And in Hardin County, did the
20 Republican Executive Committee make a second
21 recommendation after you disapproved of the first?
22 A. Well, I didn't answer the first
23 question.
24 1 MR. COGLIANESE: Objection.
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1 Q• Let's go back and read the first
2 question back.
3 And the answer to the first question is
4
5 So they did make a second recomm --
6 A. No. No.
7 Q. No.
8 A. The first question was: Did they send
9 me a -- well, I don't know. I can't remember what
10 the question was now.
11 Q• All right. Go back and read the
12 question.
13 (The record is read as requested.)
14 A. That answer is yes, I disapproved of
15 their recommendation, yes.
16 Q• And did they make -- did the executive
17 committee of Hardin County, the Republican Party
18 Executive Committee make a second recommendation?
19 A. Yes, they did.
20 Q• And did you approve the second
21 recommendation?
22 A. Yes.
23 Q• Are all board of election potential
24 1 appointees required to file a resume --
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1 MR. COGLIANESE: -Objection.
2 Q• -- with your office?
3 A. I think Mr. Farrell would know the
4 answer to that better than me.
5 4• Are all of the potential appointees for
6 the board of elections required to file a
7 Secretary of State Form 302?
8 A. I'm sorry. But I don't know what form
9 that is, Senator Grendell.
10 4• It's a questionnaire form. We can
11 actually go to the Exhibit 1, and we can show you.
12 A. I just don't have the forms memorized
13 by number.
14 Q. Let me see. One, two -- 50 -- I'm
15 handing you what was -- it's attached to what
16 we've marked as Exhibit 1, which was also the
17 petition. In the upper left corner, you'll see
18 that it is identified as Secretary of State Form
19 302 dated 12-07. It's some sort of questionnaire.
20 Have you seen that form before?
21 A. I -- I have, yes.
22 4• And are all potential appointees for
23 local boards of elections required to submit that
24 1 form before you make a decision on whether or not
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1 you're going to approve their appointment?
2 A. The form of your question is difficult,
3 because I don't recall whether it would be
4 required as a result of a questionnaire. But I
5 know that for every certificate that I sign for
6 appointing someone to board of elections, whether
7 it's for a vacancy or the reappointment or
8 appointment at the time prior to reorganization, I
9 do see this form.
10 Q. Did you have a copy of a Form 302
11 filled out for Mr. Donald Varian before you
12 appointed him to the Summit County Board of
13 Elections?
14 A. No. To my understanding, Mr. Farrell
15 verbally went over each of these questions with
16 him on the telephone.
17 Q• And when did Mr. Farrell refer -- tell
18 you what the answers of those questions were?
19 A. He didn't -- he did not give me the
20 answer to the questions one by one. I work with
21 him long enough that if there were a problem he
22 would tell me. But he recommended Mr. Varian to
23 me on the 29th of February, the day before the
24 deadline for me to make my appointment.
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1 Q. Do you know how Mr. Varian's name came
2 to Mr. Farrell?
3 MR. COGLIANESE: Objection. Answer if
4 you can.
5 A. Yes.
6 Q. How is that?
7 A. I suggested it to him.
8 Q. And how did you come to know
9 Mr. Varian?
10 A. Several ways. Wayne Jones had
11 indicated that he would be a good board member.
12 also saw his name on the list of the executive
13 committee for the Republican Party in Summit
14 County. And I also independently knew of him to
15 be well thought of in the legal community in
16 Summit County.
17 Q• Well, let's back up. Mr. Jones, Wayne
18 Jones, is a Democrat, right?
19 A. Correct.
20 Q. You're -- it's your testimony that
21 you've seen a roster of the Summit County
22 Republican Party Executive Committee with
23 Mr. Varian's name on it?
24 A. I believe it was in the information
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1 that both Scott Sigel and Mr. Simon sent to me
2 that we received on the 29th or the 28th. And
3 it --
4 Q. Was Mr. Varian being on the executive
5 committee important in your decision to name him
to the --
7 MR. COGLIANESE: Before you answer that
8 question, it sounded like --
A. I started to say --
10 MR. GRENDELL: I'm sorry.
11 A. -- and if I'm mistaken, it may be that
12 he was on the central committee list. I'm not --
13 I'm not positive.
14 Q. When did you talk to Mr. Jones about
15 Mr. Varian possibly serving on the Summit County
16 Board of Elections?
17 A. I think it was when -- yes, it was when
18 I was in Akron for a voter forum on the 27th of
19 February when he indicated to me that he thought
20 that there were problems with Mr. Daley's
21 recommendation.
22 Q. So you had a conversation with
23 Mr. Wayne Jones in which he indicated to you that
24 he thought there was a problem with Mr. Daley's
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1 recommendation two days before you notified the
2 Summit County Republican Party Executive Committee
3 that you were disapproving of Mr. Daley for the
4 appointment to the board of election?
5 A. Senator, that question was exceedingly
6 long. Could you re --
7 Q. Well, let me back it up. You said you
8 talked to Mr. Jones on the 27th of February.
9 A. Correct.
10 Q• And you know you sent your letter to
11 Mr. Arshinkoff on the 29th of February 2008,
12 advising him that Mr. Daley's recommendation was
13 being disapproved. I just want to get the dates
14 right. Mr. Jones on the 27th disapproved;
15 Mr. Daley on the 29th?
16 A. Sure. The nature of the discussion
17 with Mr. Jones was that he thought that Mr. Daley
18 had a lot of problems, that there would be
19 information coming to me. And, of course, my
20 response was, well, if -- if I can't appoint
21 Mr. Daley, meaning if there are enough problems
22 with him that I don't feel that it's appropriate
23 to appoint him, I'm running out of time. What
24 other Republicans are there?
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1 Q. But you never bothered to talk to
2 Mr. Daley about Mr. Jones' concerns; isn't that
3 correct?
4 A. Well, Mr. Jones really did not get into
5 any specifics with me about Mr. Daley.
6 Q. Well, you just said that he told you
7 there was issues about him and problems. I mean,
8 did you bother to call the person who Mr. Jones
9 was making statements about --
10 A. well --
11 Q. -- to verify if it was true?
12 MR. COGLIANESE: Objection to the form
13 of the question and to the argumentativeness of
14 the question.
15 Q• I'll withdraw the question that way and
16 try it differently. Mr. Jones talked to you on
17 the 27th. It apparently affected your decision to
18 appoint Mr. Daley; is that correct?
19 A. No, that's not correct.
20 Q• Okay.
21 A. There's a lot of information in these
22 documents, if you want to get into it, that --
23 that actually affected my decision on that.
24 1 Q. Well, let's start from a different
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1 direction. Isn't it true you did not receive a
2 resume of Mr. Donald Varian before you appointed
3 him to the Summit County Board of Elections?
4 A. That is correct.
5 Q. Isn't it true you didn't receive an
6 actual filled out Form 302 from Mr. Varian before
7 you appointed him to the Summit County Board of
8 Elections?
9 A. That is correct. I was under a
10 deadline.
11 Q• Isn't it -- did you receive a Form 300
12 from Mr. Varian before you appointed him to the
13 board of elections?
14 MR. COGLIANESE: Objection. This
15 witness has already testified that you need --
16 that --
17 MR. GRENDELL: I'll be glad to show the
18 Secretary of State her forms. That would be my
19 pleasure.
20 MR. COGLIANESE: I move to strike that
21 argumentative comment and would again ask
22 Mr. Grendell to show a little bit of courtesy
23 during deposition.
24 Q. Madam Secretary, have you seen that
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1 Form-300 that's attached to the petition?
2 A. I've seen --
3 The form itself, not that particular
4
5 I've seen -- I've seen this form. It
6 comes from a political party.
7 Q. All right. And you received that form
8 with respect to Mr. Daley from the Summit County
9 Republican Party Executive Committee before you
10 disapproved of his appointment; is that correct?
11 A. Yes.
12 Q. Okay. But you never received that Form
13 300 from the Summit County Republican Party
14 Executive Committee with respect to Mr. Varian;
15 isn't that correct?
16 A. Yes. Because I wasn't required to.
17 Q. Now, Your Honor -- you were a judge --
18 I would ask that you just answer my questions.
19 And if your counsel wants to give you the
20 opportunity to explain, he has that opportunity.
21 But I would ask you to answer my question and to
22 not add the explanations if they're not requested.
23 MR. COGLIANESE: And before --
24 Q. Let's go to Form 350.
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1 MR. COGLIANESE: -- we go on there, I
2 do want to interject. Madam Secretary, if you
3 feel you need to explain an answer, you are
4 required to tell the truth, the whole truth and
5 nothing but the truth. And if you believe that
6 you need to explain an answer in order for the
7 whole truth to be on this record, by all means do
8 that. Mr. Grendell cannot limit your ability to
9 answer questions truthfully.
10 A. I understand. Thank you.
11 4• I certainly don't want to limit your
12 opportunity to answer truthfully. I just want to,
13 as counsel should know, answer the question as
14 asked. That is the way the rules are played and
15 they're written.
16 Have you seen Form 350 before, which I
17 just handed you a copy of that's attached to
18 Exhibit 1?
19 A. Actually, I probably saw it, a blank
20 copy, when it was attached to our ethics
21 directive. But I don't believe this was submitted
22 as part of the submissions for board member
23 appointments.
24 MR. COGLIANESE: I'm going to just --
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1 actually, I apologize. I don't mean to interject.
2 But I want to make sure both the witness and the
3 -- the attorney are on the same page. Are we
4 talking just this form generally or are we talking
5 about this form as it relates to a particular
6 person?
7 Q. Just the sp -- just the form itself, a
8 350 form, a Secretary of State 350 form.
9 MR. COGLIANESE: Okay. I just wanted
10 to make sure she was ask -- answering the question
11 that you had asked.
12 A. Yeah, I think I answered it, then.
13 Q. Okay. And when is this form used?
14 A. This form was attached to a directive
15 that prescribed an ethics policy for members and
16 employees of boards of elections and Secretary of
17 State employees. So this form was used in
18 December of 2007. And I believe, although I can't
19 be positive, it may have accompanied packets for
20 new board member appointments.
21 Q. Did you receive a copy of a Form No.
22 350 completed by Mr. Varian before you appointed
23 him to the board of elections?
24 A. No, but I didn't receive that from
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1 anyone else either, unless they were being
2 reappointed and had already submitted the form.
3 Q• Well, you did receive a copy from
4 Mr. Daley --
5 THE REPORTER: I'm sorry?
6 Q• You did receive a copy from Mr. Daley;
7 isn't that correct?
8 A. Don't recall.
9 Q. So you don't recall receiving what's
10 attached to Exhibit 1 as a Form 350 dated 2-26-08
11 and signed by Mr. Daley?
12 A. Well, if I could look at the documents
13 that I provided to you, the file that
14 Mr. Arshinkoff is looking at, I might be able to
15 tell you if I received it or not.
16 Q. We'll be glad to do that. Do you want
17 to hand the file over, Alex, and --
18 MR. ARSHINKOFF: Sure. Sure. Take a
19 minute. I don't know if she needs any of this or
20 any of this or any of these.
21 A. Yes, I did receive it.
22 Q. And what's the date?
23 A. 2-26-08.
24 1 Q. So you received a copy of the form on
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1
2 No.
3 -- which is the day before Mr. Jones --
4 A. I did not receive it on that date.
5 Q• -- suggested to you that Mr. Farrell
6 would be a good board member?
7 MR. COGLIANESE: Objection.
8 A. No, I did not receive it on that date.
9 That's the date he signed it.
10 Q. So Mr. Varian signed the Form 350 --
11 A. No. Mr. Daley did.
12 Q. Mr. Daley, okay. Did you have one for
13 Mr. Varian, though?
14 A. He -- I don't know. Because he
15 probably sent it in with his other documents like
16 his oath of office after they were sent to him.
17 Q• Well, our duces tecum requests any
18 documents you have referring to Mr. Varian. Are
19 you telling me that that has not yet been
20 produced?
21 A. I will have to check with the elections
22 division to see if that's one document that we
23 missed in our production. We've had a very short
24 period of time to do this.
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1 Q. How long wil-l that take?
A. We could probably get it for you yet
3 today.
4 MR. GRENDELL: I would ask that we take
5 a short break and we put that in motion. Because
6 any documents referring to Mr. Varian that have
7 not been produced today, we'll take a few minutes
8 until they arrive.
9 MR. COGLIANESE: And just for the
10 record, we believe it inappropriate to go ahead
11 and send a general duces tecum to Ms. Brunner, who
12 was here according to the notice in her individual
13 capacity, and treat her as records custodian for
14 this office. We believe we've gone above and
15 beyond our obligation in producing documents by
16 producing what we've done. We will happily look
17 for that. But I just wanted that noted on the
18 record.
19 THE WITNESS: Could we go off the
20 record just a second?
21 MR. GRENDELL: Sure.
22 THE VIDEOGRAPHER: We are off the
23 record at 17:51.
24 (A short recess is taken.)
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1 THE VIDEOGRAPHER: We are back on-the
2 record at 17:51.
3 Q- For the record, you were able to affirm
4 from looking at your files that you produced that
5 you did receive a copy of Mr. Daley's Form 350
6 prior to your decision not to appoint him; is that
7 correct?
8 A. I don't know if I received it prior to
9 my decision not to appoint him. I assume that I
10 did.
11 Q. Okay. And as we are here today, you
12 don't know if you have yet received the same Form
13 350 from Mr. Varian?
14 A. I don't know. And there are a number
15 of board members who have not yet sent theirs in.
16 MR. GRENDELL: And if you had received
17 it, Counsel, will you produce it to us either
18 tonight or tomorrow morning, please?
19 MR. COGLIANESE: If the Secretary's
20 office has it, we'll be happy to track it down and
21 get it to you, Mr. Grendell.
22 MR. GRENDELL: Thank you.
23 Q• Just so I understand, are all board
24 1 members or potential board members screened by
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1 your local elections staff?
2 A. None of --
3 MR. COGLIANESE: Objection to the form
4 of the question. Go ahead.
5 A. None of them are screened by our local
6 elections staff.
7 Q• Is it a policy to ask the opposing
8 political party or members of the opposing
9 political party to comment on potential appointees
10 to the board of elections?
11 MR. COGLIANESE: Objection.
12 A. Is it what?
13 Q. Is it a policy to ask members of the
14 opposing party their thoughts on potential
15 appointees to the board of elections?
16 MR. COGLIANESE: Objection.
17 A. No.
18 Q• And so the discussion with Mr. Jones
19 would be out of the ordinary --
20 MR. COGLIANESE: Objection.
21 Q. -- when you discussed -- you said you
22 had on 2-27-08?
23 A. Usually we rely -- usually we -- we --
24 we try to rely on the party making the appointment
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1 to send us the name of someone who will be
2 competent. If they fail to do that by the
3 deadline by which I have to appo.int, I look for
4 input on who would be a competent member from
5 where I can find it.
6 Q. But in this case, you went to
7 Mr. Jones, who is a member of the Democratic
Party, instead of contacting Mr. Arshinkoff and
9 the Republican Party of Summit County even though
10 it was a Republican Party appointee?
11 MR. COGLIANESE: Objection. This has
12 been asked and answered about five or six times
13 now.
14 A. Well, Mr. Arshinkoff in the Summit
15 County Republican Party failed to get it right
16 twice.
17 Q. We're going to get into that.
18 By what criteria?
19 A. The statutory standard of competence.
20 Q. Well, we have Section 3501.07, which is
21 marked as Exhibit A. If you would, please, Madam
22 Secretary, show me where the statutory standard of
23 competence is defined.
24 MR. COGLIANESE: Objection. Calls for
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1 a legal conclusion. Th-e other thing, just for
2 purposes of the court reporter, are we going to be
3 switching between numbers and letters?
4 MR. GRENDELL: Was that marked as A or
5 4?
6 THE WITNESS:
7 MR. GRENDELL: Maybe I'm missing -- my
8 eyes are going. It's been a long day.
9 MR. COGLIANESE: Okay. I just wanted
10 to make sure.
11 MR. GRENDELL: Exhibit 4. Thank you,
12 Counselor.
13 A. The statute does not have a definition
14 of competence.
15 Q Is someone who has been implicated in
16 violating the elections laws deemed competent in
17 your opinion?
18 MR. COGLIANESE: Objection,
19 speculative. if --
20 Q• Well, let's change it. Would you
21 appoint somebody to the board of elections who had
22 been implicated in an elections -- improper
23 election activities matter?
24 MR. COGLIANESE: Objection. This is
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1 still speculative.
2 MR. GRENDELL: It's hypothetical,
3 actually.
4 A. The standard you're giving me is a
5 little bit loose. I would -- for instance, in the
6 case of Mr. Crates in Hardin County, the major
7 reason why he was not reappointed was because he
8 violated the law. He specifically voted not to
9 follow a directive of the Secretary of State, and
10 that violates statutes.
11 Q. I understand. But that wasn't my
12 question. My question was: If you had a
13 recommended appointee who had been documented to
14 have been involved in an improper or illegal
15 campaign activity, would you appoint that person
16 to the board of elections?
17 MR. COGLIANESE: Objective as to the
18 form of ques.tion. Is it improper? is it illegal
19 objective -- objection.
20 Q• Let's make it illegal. I'll make it
21 easier for you.
22 If you have a recommended appointee who
23 had violated election laws, would you appoint that
24 person to the board of elections?
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1 MR. COGLIANESE: Objection. This calls
2 for speculation. If you chose to speculate --
3 MR. GRENDELL: It's hypothetical, it's
4 hypothetical.
5 MR. COGLIANESE: -- you can. You do
6 not have to.
7 A. It would depend. If it was campaign
8 finance law where they failed to file something on
9 time, chances are they -- they would still be
10 considered for reappointment. It would -- because
11 those laws are per se violations --
12 I'm not done, but I wondered if you
13 were going to listen to the answer.
14 Q• No, go ahead. I'm listening. I can
15 listen from both ears. It's one of my great
16 talents.
17 A. I grew up in a family like that, too.
18 Because if the person violated a
19 campaign finance law, if it was a per se violation
20 where their copier broke down and they couldn't
21 get something filed in time at the board of
22 elections, that probably would not rise to the
23 level where I would not reappoint the person. If
24 it were a-- a different law, the story may be
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1 d-ifferent. But I -- I can't give you a blanket
2 yes or no to that question because it's overbroad.
3 Q• Well, what if the person had been
4 removed from the board of elections by the
5 Secretary of State because of being involved in an
6 illegal campaign activity?
7 MR. COGLIANESE: Objection.
8 Q• Would you appoint that person to the
9 board?
10 MR. COGLIANESE: This is still
11 speculative. Madam Secretary, if you choose to
12 engage in speculation, you can, but you're not
13 obligated to.
14 A. Are you saying removed by the Secretary
15 of State?
16 Q. Correct.
17 A. Again, it would depend upon the
18 situation. Because if it was a prior Secretary of
19 State, I can't be certain what the basis was for
20 removal.
21 MR. COGLIANESE: Okay.
22 A. I mean, for instance, if you are
23 looking at removal of someone by the last
24 Secretary of State, since I retained some of the
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1 former employees from-the Secretary of State, I
2 know that in some cases of removal there were
3 internal staff recommendations not to remove them,
4 that it didn't rise to the level of a violation to
5 remove them, but the Secretary ignored it anyways.
6 So I really can't provide you with an answer to
7 such a general question.
8 MR. COGLIANESE: Okay. Before you jump
9 in with the next question, actually, I'm going to
10 ask to take a break. I need to hit the restroom.
11 MR. GRENDELL: Sure.
12 THE VIDEOGRAPHER: We are off the
13 record at 17:58.
14 (A short recess is taken.)
15 THE VIDEOGRAPHER: We are back on the
16 record at 18:05.
17 MR. GRENDELL: Would you please read
18 the last question back.
19 (The record is read as requested.)
20 Q. Madam Secretary, were you aware of the
21 fact that you were taking advice from Mr. Jones as
22 to Mr. Daley and at the time he was talking to you
23 Mr. Jones had previously been removed from the
24 board of elections by the prior Secretary of
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1 State?
2 A. I wasn't taking advice from Mr. Jones
3 as to Mr. Daley, so the premise of the question --
4 I really can't complete the answer.
5 Q. Well, let me back up. You said that
6 Mr. Jones -- what exactly did Mr. Jones tell you?
7 Let's get this straight on the record.
8 MR. COGLIANESE: Objection. It's
9 hearsay. But go ahead.
10 A. Mr. Jones told me that there were
11 people who had information that Mr. Daley suffered
12 from some of the same issues that convinced me not
13 to reappoint Mr. Arshinkoff.
14 Q. And was -- prior to talking to
15 Mr. Jones, had you reviewed Mr. Daley's
16 application for the board of elections?
17 A. I had not been in the office to do that
18 because I was that week traveling around the --
19 the state swearing in boards of elections members.
20 So I was on the road four days a week, Monday
21 through Thursday.
22 Q. And at the time you spoke with
23 Mr. Jones, which I believe was February 27, 2008,
24 1 did you know that Mr. Jones had previously been
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1 removed from the Summit County Board of Elections
2 by the Ohio Secretary of State?
3 A. It wasn't by me.
4 Q• Well, I said the Ohio Secretary of
5 State at the time of his removal.
6 A. No.
7 Q• I believe it was your predecessor.
8 A. No, I did not know that.
9 Q• You did not know that. When did you
10 first become of the aware fact that Mr. Jones had
11 been removed?
12 MR. COGLIANESE: Objection.
13 A. You just told me.
14 Q. If we can go back to Exhibit 1.
15 A. Yes.
16 Q. We'll go to the -- I will turn you to
17 the page so we can save some time. Exhibit A.
18 You've seen Exhibit A before, I believe. Counsel
19 has a copy.
20 MR. COGLIANESE: I do. I'll just --
21 since there's no page numbers on this, I want to
22 make sure I'm looking at the same thing the
23 witness is.
24 A. I believe that I have it. It should
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1 have been in his file.
2 Q. who was Myra Hawkins?
3 A. She's one of my employees in the
4 elections division of the office.
5 Q. And did she receive Exhibit A to the
6 petition, Exhibit 1 for today's deposition, on or
7 about January 30th, 2008?
8 MR. COGLIANESE: Objection.
9 A. I really don't know the answer to the
10 question. This is dated January 30th, which would
11 indicate to me it's the date it was transmitted,
12 but I don't know by what method she received it.
13 So I can't tell you if she received it or when she
14 received it.
15 MR. GRENDELL: Is this in there? Is
16 this letter January 30th in that document -- in
17 that file?
18 MR. COGLIANESE: Just let the record
19 reflect that Mr. Grendell asked that question of
20 Mr. Arshinkoff, not the witness.
21 MR. GRENDELL: Well, I did it to speed
22 up the process.
23 MR. COGLIANESE: I understand. I just
24 don't want it to appear on the record that way.
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1 Q. Well, on-what date did you first become
2 aware that the recommendation of the Summit County
3 Republican Party for the board of election was
4 going to be Mr. Arshinkoff?
A. Was what?
6 Q. On what date did you first become aware
7 that the Republican Party Executive Committee's
8 recommendation for the board of elections was
9 Mr. Arshinkoff?
10 A. I really can't tell you what date I
11 became aware of it.
12 Q. Did you ever discuss Mr. Arshinkoff's
13 appointment with Mr. Wayne Jones?
14 MR. COGLIANESE: Objection. That goes
15 beyond the scope of this litigation, which is
16 limited to Mr. Daley's non-appointment. To the
17 extent you can answer it, go ahead. But this is
18 an irrelevant question.
19 MR. GRENDELL: Actually, for the
20 record, Mr. Arshinkoff occupies several paragraphs
21 in the complaint and it's quite relevant.
22 Q• But please answer the question.
23 A. Yes.
24 1 Q. And when did you talk to Mr. Jones
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1 about Mr. Arshinkoff? -
2 A. January.
3 Q. Do you know if it was before or after
4 January 30th?
5 MR. COGLIANESE: Objection.
6 A. I believe it was before January 30th.
7 Q. And what was the nature of that
8 conversation?
A. Mr. Jones --
10 MR. COGLIANESE: Objection. Go ahead.
11 I'm sorry.
12 A. Okay. Mr. Jones indicated to me that
13 there were problems at the board of elections. I
14 had worked very closely with Mr. Williams, the
15 director of the board of elections. He had done a
16 very good job for me on the voting machine study
17 in which I recruited 12 directors or deputy
18 directors of boards of elections to assist me in
19 reviewing the reports that came in from our
20 experts on the security, performance,
21 configuration, and -- of the voting machines, and
22 the board of elections internal operations
23 controls and procedures. Mr. Williams had
24 actually spent numerous days in Columbus working
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1 with my office in reviewing the reports and
2 helping me craft recommendations, and I found him
3 to be quite knowledgeable.
4 I -- I volunteered to Mr. Jones that I
5 did not -- that I hoped that the board would --
6 that the Democrats would not vote against
7 Mr. Williams because I did not want to be breaking
8 a tie vote on that. That I thought Mr. Williams
9 had done a good job. At that point, Mr. Jones
10 said, well, then you should not reappoint Alex
11 Arshinkoff. And I said to him I cannot simply not
12 reappointment him. If there's evidence, you would
13 have to send that to me. And that was the nature
14 of our conversation.
15 Q• And that conversation occurred in
16 January of 2008?
17 A. Correct.
18 Q. And did Mr. Jones send you information?
19 A. I don't know who sent us the
20 information. It came to, I think, Mr. Farrell in
21 the elections division, and it was in the file
22 that I reviewed sometime around the 19th or the
23 20th of February when I made my decisions on the
24 appointment of the 176 board members in the state.
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1 4- Isn't it true that whatever negative
2 information you received about Mr. Arshinkoff
3 prior to disapproving his appointment, you did not
4 contact Mr. Arshinkoff to give him an opportunity
5 to respond to that negative information that was
6 presented to you?
7 MR. COGLIANESE: Objection. For
8 purposes of the record, once again, this
9 litigation is merely about the decision not to
10 appoint Mr. Daley and to appoint Mr. Varian. In
11 fact, I believe Mr. Arshinkoff publicly
12 proclaimed, as was reported in at least the Akron
13 Beacon Journal that he decided not to bring
14 litigation on the decision not to appoint him.
15 MR. GRENDELL: Counsel, if you want to
16 testify, I'll swear you in and we'11 go to it.
17 MR. COGLIANESE: I'm making an
18 objection for the record.
19 MR. GRENDELL: You can object.
20 MR. COGLIANESE: Thank you very much.
21 MR. GRENDELL: Then you can object. If
22 you want to say it's hearsay, if you want to say
23 it's irrelevant, you know the rules as well as I
24 do. You don't get to give a speech, you get to
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1 make an objection.- Even the Judge should know
2 that.
3 MR. COGLIANESE: Mr. Grendell --
4 MR. GRENDELL: Yes.
5 MR. COGLIANESE: -- I'm going to ask
6 you once again to please show proper respect to
7 deponents. Please show --
8 MR. GRENDELL: You call the rules --
9 THE REPORTER: One at a time.
10 MR. COGLIANESE: -- proper respect to
11 the attorneys -- to show proper respect to the
12 attorneys in this room. I am asking you to please
13 stick to -- to evidence about the litigation at
14 hand, not to stuff that your client said he wasn't
15 going to sue over.
16 MR. GRENDELL: And number one, you
17 know, unbeknownst to the other people in the
18 State, newspaper articles aren't evidence. Number
19 two, you're not testifying. Number three, you get
20 to make an objection. That's it. You don't get
21 to explain it. You don't get to make a speech.
22 Just an objection. Your objection is noted.
23 MR. COGLIANESE: And thank you, sir. I
24 will object the way --
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1 MR. GRENDELL: Read back the -last
2 question.
3 MR. COGLIANESE: I will object the way
4 I believe necessary.
5 MR. GRENDELL: No. You'11 object
6 according to civil rules. That's what you'll do.
7 And last I looked, you didn't write them.
8 MR. COGLIANESE: Mr. Grendell, I'm
9 going to ask you again to please stop with the
10 superfluous comments.
11 MR. GRENDELL: Actually, I've asked you
12 to -- can you read back the last question, please.
13 (The record is read as requested.)
14 A. I'm sorry. I'm not understanding you.
15 Can you read that again.
16 (The record is read as requested.)
17 A. That's true because it wasn't required.
18 Q. If you can go to Exhibit B, it's the
19 next document attached to insert 1.
20 This is Exhibit B attached to
21
22 That's Exhibit A. Just keep going and
23 you'll get to Exhibit B.
24 1 A. It's Exhibit B attached to Exhibit 1?
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Q. Right.
2 A. Okay.
3 Q. Exhibit 1 to this matter is the
petition. We are referencing the exhibits now
5 attached to Exhibit 1, which is the petition.
6 A. Okay. I have it.
7 Q. Now, that is your letter dated February
8 20, 2008 advising Mr. Arshinkoff that his -- the
9 recommendation that he be appointed to the Summit
10 County Board of Election is being disapproved; is
11 that correct?
12 A. That is correct.
13 Q- And that is your signature on page 3?
14 A. Yes, it is.
15 Q. And how was this transmitted to
16 Mr. Arshinkoff?
17 A. I believe it was -- I believe that my
18 chief of stuff, Tom Worley, called Mr. Arshinkoff
19 to notify him that he was not being reappointed,
20 and then he -- he requested of Mr. Arshinkoff how
21 Mr. Arshinkoff wanted this letter transmitted to
22 him. So I don't recall whether it was transmitted
23 by fax or by e-mail, one or the other. And then I
24 -- I -- we may have sent it regular mail. I'm.not
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certain.
2 Q. We're going to go off the record for a
3 second. I had a stack of documents that --
4 THE VIDEOGRAPHER: We are off the
5 record at 18:16.
6 (A short recess is taken.)
7 THE VIDEOGRAPHER: We're back on the
8 record at 18:16.
9 Q. Page 2 of Exhibit B. You make
10 reference to three affidavits at the last
11 paragraph signed by individuals who served as
12 judges in the Common Pleas Court.
13 A. Is that a question?
14 Q• Yes.
15 A. Yes.
16 Q. Well, I have here -- and I don't know
17 how to deal with this, but these appear to be from
18 your file and they're marked -- they have all
19 sorts of markings on them. One is an affidavit of
20 Judge Jane Bond, one is an affidavit of Mary
21 Spicer, and one is the affidavit of Ted
22 Schneiderman. But, I mean, I'll mark them if you
23 want, but I hate to mark up your originals.
24 A. We can --
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1 MR. COGLIANESE: Let's go off the
2 record for second and make copies.
3 MR. GRENDELL: Thank you.
4 THE VIDEOGRAPHER: We are off the
5 record at 18:17.
6 (A short recess is taken.)
7 THE VIDEOGRAPHER: We are back on the
8 record at 18:22.
9 Q- Madam Secretary, in Exhibit B, page 2,
10 last paragraph, you make reference to some
11 affidavits that were prepared by some judges. And
12 I will hand you what we now have marked for
13 today's depositions as Exhibits 6, 7, and 8.
14
15 Thereupon, Deposition Exhibits 6 through 8
16 are marked for purposes of identification.
17
18 Q. Counsel has a copy. And ask you: Are
19 those the affidavits that are referenced in your
20 letter?
21 A. That is correct.
22 Q. And for the record, the -- could you
23 read the dates on which those affidavits were
24 sworn and completed?
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1 A. Yes. Affidavit -- or excuse me.
2 Exhibit 6, which is an affidavit of Judge Jane
3 Bond was sworn to and subscribed on the 8th day of
4 September, 2005. Exhibit 7 is an affidavit of
5 Judge Mary Spicer, which was sworn and subscribed
6 on the 7th day of September, 2005. And Exhibit 8
7 is the affidavit of retired Judge Ted
8 Schneiderman, sworn and subscribed on the 9th day
9 of September 2005.
10 Q. And when did the Secretary of State's
11 office obtain these affidavits?
12 A. These came in with other information
13 that's contained in the folder sitting over there.
14 Q. And from whom did those affidavits come
15 from?
16 A. I am not certain who exactly sent these
17 affidavits in. They were in with quite a bit of
18 information from numerous individuals.
19 Did you have these before January lst
20
21 No.
22 MR. COGLIANESE: And, again, I'm going
23 to make the same objection that once again we are
24 dealing not with Mr. Arshinkoff's non-appointment
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1 to the board of elections but with Mr. Daley's
2 non-appointment to the board of elections and
3 Mr. Varian's appointment to the board of
4 elections. And I'm going to once again ask
5 counsel to please move on to something that's
6 relevant and actually at issue in this litigation.
7 MR. GRENDELL: Your objection is noted.
8 4- Secretary of State Brunner, you have
9 the power to remove from the board of elections a
10 current board member who is not competent to serve
11 on the board; is that right?
12 MR. COGLIANESE: Objection to the form
13 of the question.
14 A. That's not exactly correct. The
15 standard for removal is different from the
16 standard for non-appointment.
17 4. The removal standard is cause; isn't
18 that correct?
19 MR. COGLIANESE: Objection.
20 A. I would have to look at the statute,
21 but I know that the procedure is much different.
22 4• Well, you've served as Secretary of
23 State for 14 months from January -- a little over
24 1 14 months; is that correct?
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1- A. Correct.
2 Q• During that time, did you reprimand
3 Mr. Arshinkoff for his.performance on the Summit
4 County Board of Elections?
5 A. No, I did not.
6 Q. Did you attempt to remove him from the
7 Summit County Board of Elections?
8 A. No.
9 MR. COGLIANESE: Objection. Objection.
10 Q. Did you express any concerns to him
11 about his performance on the Summit County Board
12 of Elections?
13 MR. COGLIANESE: Mr. Grendell, this is
14 the last question that we're going to deal with on
15 this. And we're going to move on to something
16 that actually has something to do with the -- with
17 this litigation.
18 MR. GRENDELL: Would you read the
19 question back, please.
20 (The record is read as requested.)
21 A. No.
22 Q. Who is Mr. James Hardy?
23 A. James is an employee of mine who is a
24 1 regional liaison who works with a number of county
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1 boards of elections, including Summit County.
2 Q• And he -- does he attend the Summit
3 County Board of Elections meetings?
4 A. It's my understanding that he does.
5 Q. And he has for the last 14 months while
6 you've been Secretary of State?
7 A. That's my understanding.
8 Q• If you found Mr. Arshinkoff to be
9 incompetent or disruptive on the board of
10 elections, would you have removed him prior to
11 February 29th, 2008?
12 MR. COGLIANESE: You know, I've asked
13 before that we move on to something relevant
14 that's got to do with the litigation in this case.
15 If this line of questioning continues, I'm going
16 to have to ask the witness to no -- to not answer
17 the questions. This has become abusive. This is
18 beyond a fishing expedition. This has absolutely
19 nothing to do with this case.
20 Q• Please answer the question.
21 A. Well, your question is speculative. I
22 don't believe I can answer.
23 Q• I appreciate that answer. Move on to
24 1 Exhibit C to No. 1, please.
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1 A. I have it. -
2 Q. Have you seen that document before?
3 A. I don't have a specific recollection of
4 it, but it's probably in the file that contains
5 information on Mr. Daley, so I probably did.
6 Do you know when you received
7
8 No, I don't know.
9 Q. And what action did you take when you
10 received Exhibit C?
11 A. When I received Exhibit C -- I can tell
12 you this probably in two parts. My office
13 prepared a file on Mr. Daley, like we do for any
14 other appointees. Apparently my office also
15 prepared a certificate, a letter of appointment,
16 which we do for every appointee, even before I
17 make a determination, and then I reviewed that
18 file, which by this time, by the time of review,
19 which would have been the 29th of February,
20 included quite a bit of other information that had
21 been sent in to us by, I believe, Mr. James Hardy.
22 And I think that's -- you said whatdid I do with
23 Exhibit C? I looked at it.
24 1 Q. Was Mr. Hardy soliciting input as to
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1 the Republican Party's proposed recomm --
recommended appointee to the board of elections?
3 MR. COGLIANESE: Objection to the form
4 of the question.
5 A. I don't know whether he was soliciting
6 input or not. Is that what you're asking? Was he
7 soliciting or was I?
8 Q. Well, you just mentioned he -- you got
9 input from him.
10 A. I --
11 Q. What input did you receive?
12 A. Well, if you hand me the smaller Manila
13 file, I can show you what I received. Now, I
14 think some information may have come in not from
15 Mr. Hardy. If you hand me the documents
16 underneath the Manila file, I can show you what
17 else came in regarding Mr. Daley's appointment.
18 Q. Why don't you do this, because if we're
19 going to mark up your documents -- or do you want
20 to make a copy, we'll make that whole stack
21 Exhibit 9 and we'll mark it.
22
23 Thereupon, Deposition Exhibit 9 is marked
24 1 for purposes of identification.
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-1
2 A. Well, let's -- why don't I pull out
3 what's relevant to your question.
4 Q. Well, no. No. No. That's not the way
5 the game plays. I would like to have this
6 document that we found in a file that has, I
7 believe, as --
8 A. There's --
9 Q. -- the heading is Brian K. Daley R
10 Summit file, I would like to have that whole
11 packet copied and we'll mark it as Exhibit 9.
12 A. I want to make sure everything's in
13 here because Mr. Arshinkoff has been going through
14 the file and I'm not sure that the file --
15 Q. I can say -- I can say for the record
16 we have not removed a clip on that particular
17 document.
18 A. Okay. I wasn't quite finished talking
19 to you, because I wanted to make sure that
20 everything that I remember being in the file was
21 still in here.
22 Q. Well, why don't we mark it first and
23 then we'll go from there. It's my deposition, I
24 get to have the exhibit marked. You produced it.
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1 We were very accommodating to your people --
2 MR. COGLIANESE: Mr. Grendell, enough
3 with the comments.
4 MR. GRENDELL: Good. Then make the
5 copy.
6 MR. COGLIANESE: Mr. Grendell, as you
7 said, this is your deposition. We're still on the
8 record. You haven't asked to go off.
9 Q. Great. Here we go. We'll make this
10 part of record. It's Exhibit 9. Madam Secretary,
11 Exhibit 9.
12 MR. COGLIANESE: Let the record reflect
13 that Mr. Grendell just threw -- just marked an
14 original government document with an exhibit
15 sticker and then thew the exhibits at the
16 Secretary of State.
17 MR. GRENDELL: Let the record reflect
18 that counsel refused to make a copy. We were
19 already sitting here going into the late evening.
20 If you want to make the copy, we'll put the
21 sticker on there. If not, we'll use that
22 document.
23 MR. COGLIANESE: Mr. Grendell, this is
24 1 -- as you said, this is your deposition. Are we
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1 on the record or off the record? -
2 MR. GRENDELL: Counsel, we're still on
3 the record. So you know for the record, we
4 produced a copy of everything you requested from
5 Mr. Arshinkoff duces tecum in a copy form, which
6 is the normal procedure. You chose to produce the
7 originals. if you want the originals to be part
8 of the record, you brought that on yourself. If
9 you would have given us a copy of those, we would
10 have been glad to accommodate and use the copy.
11 MR. COGLIANESE: Again, I'm going to
12 ask, I will be happy to get a copy made. What do
13 you want to do?
14 MR. GRENDELL: We'll wait until you
15 make the copy.
16 MR. COGLIANESE: Great. We're off the
17 record while we make a copy.
18 THE VIDEOGRAPHER: Are we off the
19 record?
20 MR. COGLIANESE: Hold on. Hold on.
21 We're back on.
22 A. There's more that relates to -- what I
23 was trying to do is to give a complete record.
24 There's more that relates to Mr. Daley's file that
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1 did not come in from Mr. Hardy but came in from
2 other sources. Do you want that altogether?
3 Q• No, we'll get there from here.
4 A. What's that?
5 THE REPORTER: I'm sorry?
6 Q. We'll get there from here. I just want
7 what's in that Manila folder marked as Mr. Daley's
8 R Summit copied.
9 MR. COGLIANESE: While we're doing
10 this, would you like the Secretary to go ahead and
11 put together the other information for you so we
12 can get a copy made so we don't have to break
13 twice?
14 MR. GRENDELL: I would appreciate her
15 identifying during the break any other documents
16 that she thinks pertain to this issue.
17 MR. COGLIANESE: Wonderful. Thank you.
18 I assume we're off the record at this point.
19 THE VIDEOGRAPHER: We are off the
20 record at 18:32.
21 (A short recess is taken.)
22 THE VIDEOGRAPHER: We are back on the
23 record at 17:05 [sic].
24 Q. First of all, Madam Secretary, let me
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1 apologize for my impertinence in throwing that
2 document in front of you. That was incorrect. I
3 apologize.
4 Now you have Exhibit 9 in front of you
5 that's actually copied --
6 A. Okay.
7 Q. -- so we can work from there.
8 And just for the record, Exhibit 9 is a
9 series of documents that came out of this file,
10 which has a label on it of -- can you just read
11 the label for the file so we keep this straight in
12 the record, please.
13 Yes. The file says Brian K. Daley R
14
15 Thanks. And so we're working with this
16 set of documents. I'm going give the original to
17 counsel so we don't mess this up.
18 MR. COGLIANESE: Thank you,
19 Mr. Grendell.
20 Q• There you go. Now, let's start with
21 the first sheet.
22 A. Uh-huh.
23 Q. There seems to be, like, a cover sheet
24 1 that says Brian Daley packet. Are we on the same
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1 page?
2 A. Yes.
3 Q. Who prepared this cover sheet?
4 A. I am not certain who prepared the cover
5 sheet. Don't know.
6 Q. Do you know who prepared the packet?
7 A. Don't know who prepared the packet. I
8 only know who gave it to me.
9 Q. And who gave it to you?
10 A. James Hardy, our regional liaison from
11 Summit County.
12 And do you know when it was given to
13
14 I received it myself on February 29th.
15 But I don't know when it came into the office.
16 Did you ask Mr. Hardy to prepare this
17
18 No.
19 Q- Mr. Hardy prepared this packet on his
20 own?
21 MR. COGLIANESE: Objection.
22 THE WITNESS: I don't know who prepared
23 the packet.
24 1 Q. So you don't know how Mr. Hardy came
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about these documents?
2 A. No.
3 Q. Okay. There's a section that says
4 "Additional information in progress." And item 1
5 is a letter from current Hudson City Council
6 President Mike Moran. First of all, do you know
7 Mr. Mike Moran?
8 A. Mr. Mike Moran. I think I met him --
9 yes, I met him at the voter forum.
10 Q• And you're aware that he's a registered
11 Democrat, I take it?
12 A. I believe he is a candidate for the
13 House of Representatives.
14 Q. Okay. As a -- as a Democrat?
15 A. Yes, uh-huh.
16 Q. Okay. And I don't see the letter in
17 the packet that's Exhibit 9. Could you look
18 through the packet and see if maybe I missed it?
19 MR. COGLIANESE: Just for the record,
20 you're talking about the letter from Mike Moran?
21 I just want to make sure it's clear. I'm sorry.
22 Q. Yes. Exhibit 1 says -- Exhibit 9 says
23 number -- item 1, letter from current Hudson City
24 Council President, Mike Moran. But maybe -- and I
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1 may have missed it. I just --
2 A. I presume that it is an e-mail that was
3 sent from Mike Moran to James Hardy to Erin Duffy,
4 one of my staff people. And it starts out, Hi,
5 James, there are a few notes on Brian Daley. And
6 it goes on for approximately another two pages.
7 Q. So for the record, it's the Yahoo
8 e-mail, one of three, so it would be three pages
9 that are located in the middle of -- roughly the
10 middle of Exhibit 9?
11 A. Yes.
12 Okay. And I'm sorry. Who is Erin
13
14 She is one of my assistants.
15 Q. And apparently Mr. Hardy asked
16 Mr. Moran for information; is that correct?
17 MR. COGLIANESE: Objection.
18 Q. Do you know?
19 A. I don't know if he asked him for
20 information. All I know is that he received
21 information from Moran.
22 Q. In page 1 of this three-page Yahoo
23 e-mail near the upper half of the page it says,
24 "Erin, Here's another one for JLB. Thanks,
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1 James." Would I be correct that JLB is you,
2 Secretary of State Brunner?
3 MR. COGLIANESE: Objection.
4 A. Yes. Yes.
5 Q. And I think, just so I recall, you
6 never discussed this three-page letter with Mr.
Daley; is that correct?
8 A. Correct.
9 Q. Okay. There's a reference going back
10 to page 1 of Exhibit 9 to a voice mail from former
11 Hudson city manager poug Elliot to Councilman
12 Moran. Do you have a copy of that voice mail?
13 A. No, not that I know of unless it's
14 included in this e-mail from Moran.
15 Q• So you've never heard that voice mail?
16 A. No.
17 Q• No, you've never heard it, right?
18 A. That's correct.
19 Yeah. Right.
20 MR. COGLIANESE: Thank you.
21 Q. Ask the question in the negative, you
22 get a negative answer.
23 Then there's a reference to a videotape
24 of Hudson City Council meetings. Were those
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1 videotapes provided?
2 A. I have not seen any.
3 Q. Okay. Then there's a reference to
4 possible contributions that could come in. No. 1
5 is a letter from Hudson Mayor William Curtin. Did
6 you receive such a letter from Mayor Curtin?
7 A. Is it Curtin or Currin?
8 Q. Currin. Currin. I'm sorry. Currin.
9 A. C-U-R-R-I-N.
10 Q. Right. Currin.
11 A. I don't believe that I did.
12 Q- And -- and we did not find one in the
13 record, so if you had one you would provide it to
14 us --
15 A. That's correct. I -- I -- I don't
16 if it's not here, I didn't -- I did not receive
17 it.
18 Q. Okay. I note as we go near the end of
19 the packet, there's a draft -- or there's a letter
20 dated February 29th, 2008. I think you found it.
21 A. Uh-huh.
22 Q. From you to Mr. Daley congratulating on
23 -- him on being recommended to be a member of
24 Summit County Board of Elections, and then behind
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1 that is a board of elections oath of office and a
2 certificate. Do you know who prepared those?
3 A. I believe it was staff in the elections
4 section. Their practice was to prepare this
5 information for every name that came in from a
6 board of elections before I made a decision on the
7 appointment so that they had it all done in case I
8 appointed everyone who came in.
9 Q• And -- and just for the record, you
10 would acknowledge that Exhibit 9 is a set of
11 documents that were in the official records of the
12 Ohio Secretary of State; is that a correct
13 statement?
14 A. Yes.
15 Q. Good. We're good with Exhibit 9.
16 Okay.
17 MR. ARSHINKOFF: Is that mine?
18 MR. GRENDELL: Yeah. Pardon me?
19 MR. ARSHINKOFF: Where you want it?
20 A. Are you keeping the originals
21 someplace, Senator?
22 Q. They're going that way. Thank you.
23 A. Okay.
24 Q. Going back now to Exhibit 1.
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1 A. Yes .
2 Q. We were on Exhibit C. And if we could
3 return to Exhibit C.
4 A. Uh-huh.
5 Q. You did receive a copy of Exhibit C
6 sometime on or after September 26th, 2008; is that
7 correct, you or your office?
8 Could I look at Exhibit 9 again to be
9
10 Sure. It's all yours.
11 A. Actually, these two copies are
12 different. This one says via hand delivery, and
13 this one doesn't.
14 MR. COGLIANESE: Just for the record,
15 the one that the Secretary was referring to saying
16 via hand delivery is in Exhibit 9. The one that
17 does not is Exhibit C in Exhibit 1.
18 Q. Yeah. For the record, yeah, the last
19 two pages -- we're talking about the _
20 second-to-the-last page of Exhibit 9, and
21 referencing it to the front page of Exhibit C on
22 Exhibit 1, just to --
23 MR. COGLIANESE: Thanks.
24 Q. Keep that straight.
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1 MR. COGLIANESE: Easy for you to say.
2 A. So I don't know that I ever did receive
3 Exhibit C, because it is not the same as what's in
4 my office.
5 Q. Well, except the rest of Exhibit C --
6 we can go there from here, I believe we have in
7 another document --
8 THE REPORTER: I'm sorry?
9 Q• We've got to go back to Exhibit 9. I'm
10 sorry. I'm -- where is my Exhibit 9? I just
11 threw it on the floor.
12 Actually, if we can go back to
13 Exhibit C, in the middle we have yet another draft
14 of this February 26th letter marked "received" by
15 the Secretary of State, which is the submission to
16 Mr. Daley for appointment with the various
17 Secretary of State forms, a questionnaire, the
18 recommendation, the resolution.
19 A. Senator` could you help me. is it
20 before or after Exhibit C?
21 Q. It's in -- no, this is in -- I'm going
22 back to Exhibit 9.
23 A. Exhibit 9.
24 MR. COGLIANESE: Oh, okay. Thanks.
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1 Q. It's right after the Yahoo e-mail we
2 were talking about from Mr. Moran, then you hit
3 another copy of what we have marked as Exhibit C,
4 shown to be received by your office --
5 MR. COGLIANESE: Actually
6 A. This one is sent via certified mail,
7 it's received March 3rd.
8 Q. Yeah. The one on March 3rd?
9 A. And the other one in Exhibit 9 is
10 received February 27th, even though the date says
11 February 26th via hand delivery.
12 Q. Oh, we're moving on. Exhibit D to
13 Exhibit 1. Nope. This is the letter by which you
14 inform the Summit County Republican Party
15 Executive Committee that you are disapproving
16 Mr. Daley for appointment to the board of
17 elections; is that correct?
18 A. Yes. It also informs Mr. Daley by
19 carbon copy.
20 Q. Okay. If I can take you to page 2 of
21 this four-page letter. In the first sentence of
22 the second paragraph you indicate that -- that
23 procedural issues relating to the February 26th
24 meeting are not the -- however are not the reason
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1 for my decision to reject the nomination of
2 Mr. Daley. Is that stated there?
3 MR. COGLIANESE: Objection.
4 A. That's --
5 MR. COGLIANESE: Go ahead.
6 A. That's what's stated in the letter.
7 Q. Okay. And if we go to page 4, that is
8 your signature on page 4?
9 A. Yes, it is.
10 Q. Okay. And if I can take you to the top
11 of page 3, please. You make reference in page 3
12 to evidence before you, and you have two bullet
13 points. One is a reference to an October 29th,
14 2007 Akron Beacon Journal article editorial, and
15 one is to an -- written communication to your
16 staff from Mr. Moran; is that correct?
17 MR. COGLIANESE: Objection. I believe
18 it mischaracterizes the letter. The letter speaks
19 for itself. Go ahead if you can answer.
20 A. I said by way of example I received the
21 following comments concerning Mr. Daley.
22 Q• Well, the only -- only documents you
23 referred to on page 3 is the Akron Beacon Journal
24 1 article and the written communication to
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1 Mr. Moran; is that correct?
2 MR. COGLIANESE: Objection. The
3 document speaks for itself.
4 A. I'm sorry. You said the only --
5 Q. Is that correct?
6 The two documents you refer to on page
7 3 of your letter are the Akron Beacon Journal
8 article and Mr. Moran's communication?
9 MR. COGLIANESE: Objection.
10 I refer to those documents by way of
11
12 Okay.
13 A. I reviewed many more.
14 Q• All right. But Mr. -- I just want to
15 make sure we're talking about the same thing. The
16 written communication is that three-page Yahoo
17 e-mail that we saw in Exhibit 9?
18 A. Well, the second bullet, is that what
19 I'm referring to?
20 Q• Right. That is the second bullet. I
21 mean, there's no separate other writing?
22 A. That -- that is -- that is correct is
23 what's referred to in this second bullet on
24 page 3.
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1 Q. Okay. And the Akron Beacon Journal
2 article of October 29th, 2007, I did not see in
Exhibit 9.
4 A. I'll take a look again.
5 Q. Or is that the article that's the very
6 second page of Exhibit 9?
7 A. I believe that's the second page of
8 Exhibit 9.
9 Q. Who provided -- was this provided by
10 Mr. Hardy?
11 A. Yes.
12 Q. Do you know when you received this
13 packet that we've marked as Exhibit 9?
14 A. I told you February 29th.
15 Q. Okay. Did you have any personal
16 conversation with Mr. Moran regarding Mr. Daley
17 and his appointment?
18 A. I believe he did make a statement to me
19 on the 27th that he thought that.Mr. Daley would
20 be a problem. That he had served on council with
21 him and that he had information that he thought
22 that I should look at that would lead me to
23 conclude, as he did, that putting Mr. Daley on the
24 board of elections would not alleviate the
Realtime - Videoconferencing - Trial Presentation - Video qq Spectrum Reporting LLC IN THE SUPREME COURT OF OFIIO
THE STATE OF OHIO EX. REL. CASE NUMBER: U8-0478 SUMMIT COUNTY REPUBLICAN PARTY EXF.CUTIVE COMMITTEE
RELATOR, vs.
JENNIFER BRUNNER OHIO SECRETARY OTr STATE
RESPONDENT.
RELATOR'S EVIDENCE VOLUME I A
TIMOTHY 1. GRENDELL (#0005827) ('irendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Ohio 44147 Phone No.: (440) 746-9600 Fax No.: (330) 659-2278 E-mail: arcndellandsimonpyehoo.com
COUNSEL FOR RELATOR SUIvZ.MIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE
NA^ 14 cI,CRrf OF CoUn1 SUP{^EME CUUHT OF OHIO 100
1 problems that the board had experienced as a
result of what I outlined regarding
3 Mr. Arshinkoff.
4 Q. So you talked to Mr. Moran on the 27th,
5 which is the same day as Mr. Jones. Was it at the
6 same meeting?
7 A. Yes, at the voter forum.
8 Q. Were they together?
9 A. Yes.
10 Q. Did you happen to talk to Mr. Pete
11 Kostoff about Mr. Daley's appointment?
12 A. I talked to Pete Kostoff, but I don't
13 believe I discussed anything with him about
14 Mr. Daley's appointment. He stood up in the voter
15 forum and publicly commended me for not
16 reappointing Mr. Arshinkoff.
17 Q. Did you talk to Mr. Kostoff about
18 Mr. Varian's appointment?
19 A. No.
20 Q. Did you talk to Mr. Moran about
21 Mr. Varian's appointment?
22 A. No.
23 Q. Did you talk to a Mr. George Roth about
24 1 Mr. Daley's appointment?
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1 A. No, I don't remember. I don't think I
2 know who George Roth is.
3 Q• Did you talk to Mr. Kostoff about
4 Mr. Arshinkoff's appointment?
5 MR. COGLIANESE: Objection.
6 A. Only the conversation that we had. I
7 mean, when he stood up and publicly said, I'm a
8 Republican and unhappy about what you did
9 regarding Mr. Arshinkoff.
10 Q• Did you talk to editor Michael Douglas
11 about Mr. Daley's appointment?
12 A. No.
13 MR. COGLIANESE: Objection.
14 Q. Is it a policy of your office to make
15 decisions based on newspaper editorials?
16 MR. COGLIANESE: Objection to the form
17 of the question.
18 A. We don't have a policy and -- in regard
19 to what we,do with newspaper edi_torials.
20 Q. Was any action taken by you or your
21 staff to verify any of the information contained
22 in the Akron Beacon Journal editorial of October
23 29, 2007?
24 I MR. COGLIANESE: Objection.
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1 A. Actually, the editorial confirmed much
2 of the written information that was contained in
3 Exhibit 9 that I reviewed in making my decision
4 regarding Mr. Daley.
5 Q• But did you or your staff make any
effort to verify the information in the editorial?
7 A. No. The editorial gave me cause for
8 concern about what public perception would be if I
9 were to appoint Mr. Daley based upon his
10 reputation as expressed in the editorial.
11 Q• Did you discuss Mr. Daley's appointment
12 or non-appointment with Stephanie Warsmith of the
13 Akron Beacon Journal?
14 MR. COGLIANESE: Objection.
15 A. The -- the answer to that question is I
16 believe I did on the 29th after the letter had
17 been sent to Mr. Arshinkoff on behalf of the
18 executive committee declining to appoint
19 Mr. Daley.
20 Q• Did you tell Ms. Warsmith that you did
21 not believe that the Summit County Republican
22 Party Executive Committee would make an acceptable
23 recommendation because they -- anyone would be
24 associated with Mr. Arshinkoff?
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1 MR. COGLIANESE: Objection.
2 A. I don't believe I made that statement.
3 Q. Did you tell Ms. Warsmith that you
4 needed to make the appointment so that
5 Mr. Arshinkoff would not be the holdover into the
6 board of elections going in after March lst?
7 A. I don't remember --
8 MR. COGLIANESE: Objection.
9 A. -- whether I told her that or not.
10 Q• You did appoint -- reappoint
11 Mr. Gorbach, G-O-R-B-A-C-H, as a Democrat to the
12 Summit County Board of Elections?
13 A. Yes.
14 Q. Did you do the same level of back --
15 did Mr. Hardy do, on your behalf, the same level
16 of background research that we see in Exhibit 9 on
17 Mr. Gorbach?
18 MR. COGLIANESE: Objection.
19 A. Well, I think the premise to your
20 question isn't something I can answer because I
21 have no knowledge that Mr. Hardy did any research.
22 He conveyed the information to us. But I have no
23 information that he performed any research.
24 1 Q. Did Mr. Gor -- did Mr. Hardy convey to
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1 you similar information about Mr. Gorbach as he
2 did about Mr. Daley in Exhibit 9?
3 MR. COGLIANESE: Objection.
4 A. No, I don't believe any was supplied to
5 him.
6 MR. GRENDELL: That's a good question.
7 Do we have some of those other things copied that
8 we sent out?
9 MR. COGLIANESE: Actually; let me hand
10 you -- this is the stuff that elections division
11 found on Mr. Varian. If we want to go off the
12 record for a second, I can check on the status of
13 the other stuff.
14 MR. GRENDELL: That's good. We'll go
15 off the record for a minute.
16 THE VIDEOGRAPHER: Okay. we are off
17 the record at 19:24.
18 (A short recess is taken.)
19 THE VIDEOGRAPHER: We are back on the
20 record at 19:44. This begins tape No. 2.
21 Q. Madam Secretary, I'm handing you what's
22 been marked as Exhibit 10 for purposes of the
23 deposition. Take a minute to review that, please.
24 That was handed to us during the break as
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1 documents the Secretary of State received from
2 Mr. Donald Varian; is that correct?
3
4 Thereupon, Deposition Exhibit 10 is marked
5 for purposes of identification.
6
7 A. That's what it looks like. I've never
8 seen these before.
9 Q. Okay. We still don't have any of
10 Mr. Varian's documents as far as any
pre-appointment documents. Do those exist or not
12 exist?
13 A. I don't know --
14 MR. COGLIANESE: Objection.
15 A. -- whether they exist or not.
16 Q. Is someone still looking for those or
17 could -- they were part of our -- our duces tecum
18 request. And if they exist, we would like to see
19 them.
20 A. I do not see every document that comes
21 into this office. It may be a question that could
22 be better answered by Mr. Farrell.
23 Q. All right. We'll save that for him.
24 Moving on to Exhibit 11. And I will
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1 apologize, this is my copy, actually, of a
2 document that's in your records, but I don't want
3 to have to -- it's like 40 pages long, and I
4 didn't want to bother to have it recopied again.
5 You have the original.
7 Thereupon, Deposition Exhibit 11 is marked
8 for purposes of identification.
9
10 A. The --
11 MR. COGLIANESE: The -- is this stuff
12 that we just gave you or is this something else?
13 MR. GRENDELL: This is a --
14 MR. COGLIANESE: I'm trying to find it.
15 MR. GRENDELL: I brought it with me
16 today, but you have it here.
17 A. Is this it?
18 Yes, you have it. That's it right
19
20 Okay. I think this is it right here.
21 MR. COGLIANESE: Okay. So -- okay.
22 A. This copy is -- is faxed, it's 44
23 pages. Do you want me to compare to make sure?
24 Q. I just want you to compare to make sure
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1 you've got the same document in your file.
2 A. All right. Let me double-check.
3 THE WITNESS: Is that Kennaworth at the
bottom?
5 MR. COGLIANESE: Yes. It's different.
6 THE WITNESS: Senior --
7 MR. COGLIANESE: This is a page here --
8 this goes from 5 to 7.
9 A. Tim, I don't believe these are the
10 same.
11 MR. COGLIANESE: Actually, it's just
12 missing a page.
13 Q. Actually, this is -- if you would have
14 been at the deposition this morning, you do have
15 this document as an Exhibit, I believe, C to
16 Mr. Arshinkoff's deposition. Is it C? Is it D?
17 Let me see. Hold on.
18 A. It could be that the pages are out of
19 order.
20 Q• We gave you -- no, that's --
21 MR. COGLIANESE: Oh, here it is. Yeah,
22 here it is.
23 Q• Here, you were missing there -- yeah.
24 1 We went through this morning.
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1 MR. COGLIANESE: Hold on.
2 0• You do have in your file because your
3 counsel had it with him this morning.
4 MR. COGLIANESE: Hold on. Here's page
5 6. It was out of order.
6 THE WITNESS: Okay.
7 MR. COGLIANESE: Here is 5 and then we
8 have 6, 7, and that ends with 8.
9 THE WITNESS: 8.
10 MR. COGLIANESE: Yes.
11 MR. ARSHINKOFF: Are we off the record?
12 THE REPORTER: We're on the record.
13 A. 14, Miller. Yeah. Okay. Docket
14 information. Uh-huh. Sorry. Uh-huh.
15 MR. COGLIANESE: Another different
16 page, this goes to 28. This is an order. it
17 looks like this might be skipping something.
18 THE WITNESS: This may be inserted
19 someplace. We11 --
20 MR. COGLIANESE: I don't see it. Oh,
21 wait. Okay.
22 THE WITNESS: Wait, these two. All
23 right. So that page is on my copy, that page
24 is --
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1 MR. COGLIANESE: Yeah.
2 THE WITNESS: Comes ahead of those two
3 pages with the lists.
4 MR. COGLIANESE: Yeah. Okay. So what
5 I'll do is then this --
6 THE WITNESS: Okay. Got that.
7 MR. COGLIANESE: And then the signature
8 -- oh, shoot, because -- let's see. is that this
9 page?
10 THE WITNESS: Yeah.
11 MR. COGLIANESE: Yes. Okay.
12 THE WITNESS: Uh-huh. Okay.
13 MR. COGLIANESE: So then what name --
14 THE WITNESS: Here. Wait a minute. It
15 could be mine that's out of order. No. I don't
16 know.
17 A. Tim, rather than
18 Q. Do you want to just copy yours and save
19 us -- I was trying to save us the copying.
20 A. That's the original?
21 Q. That's the document that was in your
22 file that counsel has in front of him. This is
23 the document I brought with me, which I --
24 A. Which do you want to use?
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1 Q. Well, we'll use the one that's in your
2 file, but it's different. I was hoping it's the
same document.
4 A. I think the pages may just be out of
5 order. But it's your document, so do you want to
6 straighten it out between the two?
7 Q• Just copy the one that counsel has and
8 we'll give you another Exhibit 11 sticker, please.
Hold on. I can do it.
10 A. Are we still on the record?
11 Q. We're still on the record. We will go
12 get that recopied and go from there.
13 Did the -- did the Secretary of State's
14 Office issue two letters to -- of appointment to
15 Mr. Varian?
16 A. Apparently we did.
17 Q• And isn't it correct the first letter
18 the Secretary of State -- from the Secretary of
19 State said that_Mr. Varian had been recommended by
20 the Summit County Republican Party Executive
21 Committee?
22 A. I don't really recall.
23 Q. Okay. Do you recall --
24 A. I don't have the letter in front of me.
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1 Q. Well, that's another question that
2 should be part of the production request. Do you
3 know where the letter is?
4 A. I need to ask Mr. Farrell.
5 MR. GRENDELL: We'll take a break for
6 that.
7 MR. COGLIANESE: Hold on. Hold on.
8 Off the record.
9 THE VIDEOGRAPHER: Okay. We are off
10 the record at 19:51.
11 (A short recess is taken.)
12 THE VIDEOGRAPHER: We are back on the
13 record at 19:52.
14 Q• Thank you. Just for the record,
15 Respondent will be providing us drafts -- or
16 copies of whatever letters were sent to Mr. Varian
17 concerning his appointment.
18 MR. GRENDELL: Is that correct,
19 Counselor?
20 MR. COGLIANESE: That's correct.
21 MR. GRENDELL: Thank you.
22 Secretary of State Brunner, you did not
23 have any evidence that Mr. Brian Daley had a
24 1 conflict of interest that would preclude him from
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1 serving on the Summit County Board of Elections,
2 did you?
3 MR. COGLIANESE: Objection.
A. I don't know if I did or not.
5 Q• If you did, would that appear in the
6 files that have been brought out today?
7 MR. COGLIANESE: Objection.
8 A. It could.
9 Q. Where else would the evidence be kept?
10 A. I don't -- you -- the evidence that I
11 had is here. But I don't know what all the
12 implications of all that evidence are.
13 Q• Well, going back then to Exhibit 1.
14 A. I have --
15 THE REPORTER: Your microphone.
16 MR. GRENDELL: Thank you.
17 Q• Going back to Exhibit 1, I've got to go
18 find which exhibit we were on. I think it's
19 Exhibit D.
20 A. Which page?
21 Q. Well, just in general. Did you base
22 your decision to disapprove Mr. Daley on his
23 having any conflict of interest that would
24 preclude him from serving on the board of
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1 elections?
2 MR. COGLIANESE: Objection. Go ahead.
3 A. That did not appear evident -- appear
4 evident from the information in Exhibit 9, so the
5 answer would be I did not.
6 Q. Did you do a criminal background check
7 on Mr. Daley?
8 A. I don't know. There may not have been
9 time. It -- we have to seek the services of the
10 State Highway Patrol to do the criminal background
11 check, and sometimes that takes a week to two
12 weeks. So I doubt that we had it in time for me
13 to make that decision on the 29th. And I didn't
14 have that with every board member who I appointed.
15 Q. Did you have it with Mr. Arshinkoff?
16 A. Yes.
17 Q. Exhibit 11. So is it a policy to have
18 a criminal background check on every recommended
19 appointee?
20 A. We do that with vacancies. But when it
21 comes to making the appointments pursuant to
22 statute that we make every two years, we try to do
23 that with every appointee, but it's more important
24 to us to comply with the statute to reach the
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1 March lst deadline because of reorganization that
2 has to take place March 2nd through 6th. So we
3 don't do it in every case before we make the
4 appointment.
5 Q• Well, going back to Exhibit D to
6 Exhibit 1.
7 MR. ARSHINKOFF: God bless you.
8 Q• Was -- did you base your decision in
9 any way on any alleged criminal history that Mr.
10 -- of Mr. Daley?
11 A. I did not have any evidence of that.
12 Q• What was -- what were -- what was the
13 reason or were the reasons that you disapproved
14 the Summit County Republican Party Executive
15 Committee's recommendation of Mr. Daley for the
16 Summit County Board of Elections?
17 MR. COGLIANESE: Objection.
18 A. I could -- if I could review Exhibit 9,
19 I can go through a number of things for you.
20 Q. I've thrown Exhibit 9 back here.
21 A. I did personally review this
22 information.
23 Q. "This information" being the documents
24 attached and called Exhibit 9?
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1 A. Correct. And I was especially
2 concerned about what I saw in the e-mail from
3 Mr. Moran who served with him on the Hudson City
4 Council, because I could compare that behavior,
5 that conduct, with what it would be like to serve
6 on a board of elections with other members. I
7 also looked at some of the things that Mr. Daley
8 had done concerning schools and was very concerned
9 because school issues would come before the board
10 of elections and the attitude exhibited indicated
11 a predisposition that would not allow him to be
12 fair and objective as a board member must be in
13 handling school issues. But I also looked at the
14 examples of behavior toward people on the council
15 being thought of as a bully. And I have been to
16 the -- the Summit County Board of Elections
17 personally and I've -- I have witnessed the
18 tension there between the employees that is a
19 greater tension than I've seen_in any other board
20 that I visited in the state of Ohio. And it's
21 because of the heightened partisan atmosphere.
22 And I've said that it -- it felt like a rubber
23 band pulled tight at that board.
24 And when you read descriptions such as
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1 Mr. Moran gave of Mr. Daley's personality,
2 behavior, conduct, it -- it allowed me to imagine
3 what he would be like if he were serving as a
4 board member. And in wanting to lessen the
5 tension and the strife and the atmosphere among
6 the employees at the board, I didn't see that
7 Mr. Daley would be conducive to reaching that
8 goal. 4pand my concern about the atmosphere at
9 the board of elections and what I -- what I am
10 aware has been the environment is that that
11 interferes with the ability of the employees to do
12 a good job for the public. Essentially, if people
13 are spending too much time looking sideways or
14 backwards, they're not moving forward, and that's
15 what the voters expect of us.
16 I -- I also did look at -- I also did
17 look at the -- the -- the letters from the folks
18 -- where is it here? From the folks who had
19 problems with water line issues and how they had
20 been treated, and it did give me cause for
21 concern. But in setting forth my reasons in the
22 letter, the most compelling reasons came from
23 Mr. Moran's description of serving on a public
24 body with Mr. Daley. And then when you add to it
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1 the general confirmation from the Akron Beacon
2 Journal in its editorial and the importance of
3 public perception to building voter confidence, I
4 felt that Mr. Daley would not be fit or qualified
5 or competent to serve on the board of elections
6 and that accepting his nomination in place of
7 Mr. Arshinkoff's would be tantamount to more of
8 the same.
9 Q• But you didn't discuss any of this with
10 Mr. Daley before you disapproved his appointment?
11 A. No, I was not required to.
12 Q• And you didn't talk with any Republican
13 members of the Hudson City Council during the time
14 that Mr. Daley served on it before you disapproved
15 his appointment?
16 MR. COGLIANESE: Objection to the form
17 of the question, as I believe that is a statutory
18 council and does not have partisan designations
19 when they-run. But to the extent you can
20 answer --
21 Q. Right. It still could be a register --
22 did you discuss this with any registered
23 Republican who served on the Hudson City Council
24 while Mr. Daley was a member of the council?
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1 A. No. I was only required to provide
2 reasons that would lead me to believe that he was
3 not competent.
4 Q. But you didn't verify Mr. Moran's
5 allegations with anybody; is that a safe
6 statement?
7 MR. COGLIANESE: Objection.
Q. Is that a true statement?
9 A. Actually, I felt that what I read from
10 news articles and from the neighbors who had been
11 treated poorly in Hudson and the Akron Beacon
12 Journal gave me enough outside confirmation that I
13 did not need to do any further inquiry, and the
14 statute does not require me to investigate.
15 Q. Did you talk to any of Mr. Daley's
16 neighbors who like him and haven't sued him?
17 MR. COGLIANESE: Objection.
18 A. I don't know if he has any.
19 Q• Fair statement. _
20 You said you want to lessen the tension
21 at the board. Are you going to be removing
22 Mr. Jones who used, you know, improper language
23 and called another board member an offensive
24 term --
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1 MR. COGLIANESE: Objection.
2 Q. -- from the board?
3 MR. COGLIANESE: Objection, compound
4 question, facts not in evidence.
5 Q• Well, let's back it up.
6 MR. COGLIANESE: To the extent --
7 Q• Are you aware of the fact that
8 Mr. Jones referred to Mr. Arshinkoff at a board
9 meeting as an asshole?
10 MR. COGLIANESE: Objection, again,
11 facts not in evidence. If you can answer it,
12 answer it.
13 A. I read a newspaper --
14 Q. I --
15 A. -- report of that.
16 Q• All right. And when did you read that
17 newspaper report?
18 A. I cannot give an exact date. I think
19 it was sometime this year.
20 Q. Was it before you disapproved
21 Mr. Arshinkoff for the board?
22 A. I don't know. It's hard to read all
23 the clips every day.
24 1 Q. If your concern was the tension on the
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board, then why did you reappoint Mr. Gorbach?
2 Wasn't he part of the same board that created this
3 environment of tension?
4 A. I had no evidence --
5 MR. COGLIANESE: Objection.
6 A. -- that Mr. Gorbach had engaged in
7 behavior similar to Mr. Arshinkoff.
8 Q. Did you make inquiry of a Summit County
9 Republican, such as Mr. Arshinkoff or Mr. Jones,
10 about Mr. Gorbach like you did with Wayne Jones
11 about Mr. Arshinkoff and Mr. Daley?
12 MR. COGLIANESE: Objection, that's --
13 A. I --
14 MR. COGLIANESE: It's a compound
15 question. There's so many names in there. If you
16 can follow it, Secretary Brunner, answer.
17 A. Well, I don't know of a Summit County
18 Republican by the last name of Jones.
19 Q. Let me back up.
20 Did you talk to Mr. Arshinkoff about
21 Mr. Gorbach's reappointment?
22 MR. COGLIANESE: Objection.
23 A. No, I had no duty to.
24 1 Q. Did you talk to Mr. Jack Morrison about
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1 Mr. Gorbach's appointment?
2 MR. COGLIANESE: Objection.
3 A. No, I had no duty to.
4 Q• In fact, it would be fair to say you
5 didn't discuss Mr. Gorbach's reappointment with
6 any Republican in Summit County?
7 MR. COGLIANESE: Objection.
8 A. I didn't discuss board members'
9 appointments whom I had no similar evidence on.
10 There were 176 people to appoint, and if I -- if I
11 engaged in discussions about every member, I would
12 not be able to make my appointments in time. I
13 only spent time on those who I was provided
14 information on that required additional review.
15 Q• And that just happened to be Republican
16 members of local boards of elections?
17 MR. COGLIANESE: Objection. Again,
18 this is getting well beyond the scope of -- of
19 this case. We're here on Summit County and Summit
20 County alone.
21 Answer the question, please.
22 And it just happened -- what's -- I
23 You say it just happened.
24 And the only people that you looked
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1 into more in detail happened to be Republican-
2 recommended appointees to the board?
3 A. Actually, there was one Democrat that I
4 did make some calls on. It was in another county.
5 4• Did you appoint that person?
6 A. I did.
4• Did we find any more documents,
8 Mr. Varian? Are we going -- Mr. Farrell is going
9 to produce to us tomorrow? Where did we end up
10 with that?
11 MR. COGLIANESE: I believe --
12 A. Well, considering it's 8:05, the
13 employees in elections who keep those documents
14 have gone home.
15 4• Considering that our notice of
16 deposition duces tecum was served yesterday and we
17 had the courtesy of showing up with all the
18 documents you requested, those documents should
19 1 have been sitting here when we got here this
20 afternoon.
21 MR. COGLIANESE: Mr. Grendell, please
22 do not argue with the witness. If you have a
23 problem -- hear me out. If you have a problem
24 with the document production, you need to talk to
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1 me, not to talk -- not to talk to Secretary
2 Brunner.
3 As I told you, the proper notice would
4 have been to this witness. You did not issue a 30
5 -- 30(b)(5) notice to- a records custodian.
6 Secretary Brunner is not the records custodian for
7 the Secretary of State's Office. We produced the
8 documents that are.responsive to your request that
9 are in her office. We went above and beyond our
10 production by giving you documents that we were
11 able to readily find throughout the office. I
12 have already told you that we will check on the
13 documents you have asked for and we'll have them
14 for you.
15 Q. Is it your position, Secretary of State
16 Brunner, that -- that you only have to determine
17 if you have a reason to believe someone is
18 incompetent to disapprove a recommended appointee
19 under 3501.07 and that you dan't actually have- to
20 show that the person was -- find that the person
21 was incompetent?
22 MR. COGLIANESE: Objection to the form
23 of the question. Objection to the fact that it
24 calls for a legal conclusion. To the extent you
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1 can answer, go ahead.
2 A. Well, I'm looking at Exhibit P to the
3 petition or the complaint in this matter. In
4 reading the statute it says in the middle of the
5 paragraph, "The secretary of state shall appoint
6 such elector, unless he..." in my case she
7 "...has reason to believe that the elector would
8 not be a competent member of such board. In such
9 cases the secretary of state shall so state in
10 writing to the chairman of such county executive
11 committee, with the reasons therefor, and such
12 committee may either recommend another elector or
13 may apply for a writ of mandamus to the supreme
14 court to compel the secretary of state to appoint
15 the elector so recommended."
16 So in reading the statute, I simply
17 have to have a reason to believe that the elector
18 would not be a competent member of the board and
19 state those reasons to the committee who appointed
20 that elector.
21 Q. So would you agree with the statement
22 that your decision has nothing to do with
23 Mr. Daley's background or actual competence, only
24 whether you as Secretary of State had a reason to
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1 believe that he could not competently serve on the
2 Summit County Board of Election?
3 MR. COGLIANESE: Objection. That's
4 another compound question.
5 Q• Would you agree with that statement?
Would you agree.with that statement?
7 A. I'm sorry. Would you read it to me
8 again?
9 Q. Would you agree with the following
10 statement: That your decision to approve or
11 disapprove Mr. Daley for appointment to the board
12 of elections has nothing to do with Mr. Daley's
13 background or actual competence, only whether the
14 Secretary of State had a reason to believe that he
15 could not competently serve on the Summit County
16 Board of Elections?
17 MR. COGLIANESE: Objection. That is a
18 compound question. If you can answer --
19 Q• _ Would you agree with that statement,
20 this is -- can you agree or disagree with this
21 statement, Secretary of State Brunner?
22 MR. COGLIANESE: It's --
23 A. I --
24 MR. COGLIANESE: It's an improper --
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1 A. I -- would it be possible for me to
read from the document? Because it's such a long
3 sentence I'm -- I would feel better if I could
4 actually read the sentence.
5 Q. I'm going to hand you what's been
6 marked as Exhibit 3. Your counsel should have a
7 copy. It's your memorandum in support of one of
8 your motions. I think it's the in limine motion.
9 Do you agree or disagree with the
10 statement, the last sentence of the first
11 paragraph.
12
13 Thereupon, Deposition Exhibit 3 is marked
14 for purposes of identification.
15
16 A. You have it marked. You didn't need to
17 grab it out of my hands.
18 Q. I'm sorry. I just want to make sure I
19 got it right for the record. It's the last -- and
20. I apologize. I didn't mean to grab it. But it's
21 the last sentence of paragraph 1 of page 3 --
22 excuse me, of that -- of Exhibit 3.
23 MR. COGLIANESE: And, again, I'm going
24 to object to this. These are legal conclusions.
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1 To the extent you can answer the question, go
2 ahead. But
3 A. Well, the --
4 MR. GRENDELL: Those aren't legal
5 conclusions.
A. You're taking this statement out of
7 context because it says -- this is from the
8 pleading for the motion in limine, and it -- it
9 says, "rather, the statute merely requires by its
10 plain language that the secretary of state have
11 reason to believe that any appointed elector will
12 not be competent to serve as a member of the board
13 of elections." That's what I just testified to.
14 This is an objective determination to
15 be made by the Secretary -- Secretary of State,
16 not a factual conclusion that must be proven to
17 the acceptance of all. It has nothing to do with
18 Mr. Daley's background or actual competence, only
19 whether the Secretary of State had a reason to
20 believe that he could not competently serve on the
21 Summit County Board of Elections. And this goes
22 to whether or not additional evidence can be
23 introduced to try.to prove that he was competent.
24 So in light of the -- of how that reads
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1 in this document and the other sentence --
2 sentences that precede this, yes, that is a
3 correct statement.
4 Q. Thank you.
5 Did you ask for another 30 days to
6 obtain information relevant to Mr. Daley's
7 competence?
8 MR. COGLIANESE: Mr. Grendell, can --
9 can we kind of speed things along? These are
10 filings that were made in this case. This is --
11 this is kind of silly to ask the Secretary what
12 she filed in this case and if she agrees with the
13 words that were used in -- in pleadings.
14 Q. Well --
15 MR. COGLIANESE: I mean, it's --
16 Q. Madam Secretary, did you --
17 MR. COGLIANESE: -- it's 8:15.
18 A. May I please read --
19 Q. -- did you review -- did you see
20 Exhibit 3 before it was filed?
21 MR. COGLIANESE: Objection. That's
22 attorney/client privilege. Madam Secretary, I'm
23 instructing you not to -- not to talk about what
24 you saw that was -- may or may not have been filed
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1 in your behalf.
2 MR. GRENDELL: That's ridiculous. The
3 attorney/client privilege goes to the advice of
4 counsel, not to a document that she's seen.
5 A. Could I refresh my recollection --
6 MR. GRENDELL: Could you please
7 instruct the witness to answer the question.
8 Q. Madam Secretary, have you seen
9 Exhibit 3 and did you see it before it was filed?
10 MR. COGLIANESE: And, again, I am going
11 to invoke attorney/client privilege to the extent
12 that it question calls for you to talk about
13 whether you saw it before it was filed.
14 MR. GRENDELL: There's no privilege.
15 Instruct the witness to answer. I'm not asking
16 for any advice counsel gave her. I just want to
17 know if she saw the exhibit before it was filed.
18 MR. COGLIANESE: Communication between
19 an attorney and his or her client is privileged.
20 MR. GRENDELL: It's a factual
21 statement. On what basis, Madam Secretary, did
22 you first see Exhibit 3? That's a factual
23 statement. That has nothing to do with
24 attorney/client privilege.
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1 Q. On what date?
2 A. I'm not answering the question. I am
3 not going to waive the attorney/client privilege.
4 Q. There's no attorney/client privilege on
5 this issue. The question again is: On what date,
6 Madam Secretary --
7 MR. COGLIANESE: Mr. Grendell
8 Q. -- did you first see Exhibit 3?
9 MR. COGLIANESE: Mr. Grendell, that
10 document was filed on March 7th, apparently 2008.
11 To the extent that you would like to talk to the
12 Secretary of State about the filed document or
13 anything that occurred after that date that does
14 not include counsel, it's utterly irrelevant, but
15 go ahead and ask the question.
16 To the extent that you're talking about
17 that document before it was filed, we're not going
18 to answer the question. You can certify it to the
19 Supreme Court if you want.
20 MR. GRENDELL: And we will do that.
21 Would you please ask the question so tomorrow
22 morning after we go to Akron and everything else,
23 we can do that.
24 Q. The question is: On what date did you
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1 first see Exhibit 3?
2 A. I'm not answering the question because
3 I'm not waiving the attorney/client privilege.
4 MR. GRENDELL: And since there is no
5 privilege, would you please instruct the witness
6 to answer.
7 MR. COGLIANESE: Mr. Grendell, we've
8 been through this. Can you please move on.
9 MR. GRENDELL: I can't certify it until
10 she's asks and then I can certify it, Counsel. I
11 don't know what law school you went to, but I'm
12 following the procedures. Would you please ask
13 question? Would you please ask the question.
14 MR. COGLIANESE: Mr. Grendell, I have
15 had enough with your insults. One more and this
16 deposition is over.
17 MR. GRENDELL: And then we can certify
18 that. Would you please ask the question of the
19 witness.
20 MR. COGLIANESE: That's great. We've
21 already got you on videotape throwing documents.
22 I'm happy to bring this to the Supreme Court.
23 MR. GRENDELL: Be my guest. I've got
24 you not responding to subpoenas, delaying things,
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1 documents spread all over. Go ahead. Would you
2 please ask the question.
3 THE REPORTER: Repeat the question or
4 instruct her to answer?
5 MR. COGLIANESE: Repeat it and then
6 instruct her to answer, please.
7 (The record is read as requested.)
8 MR. COGLIANESE: I am instructing the
9 witness on the basis of attorney/client privilege
10 to refuse to answer the question. Can we please
11 move on.
12 MR. GRENDELL: Would you instruct the
13 witness to answer, please.
14 THE REPORTER: You are so instructed to
15 answer.
16 MR. COGLIANESE: I am instructing the
17 witness on the basis of the attorney/client
18 privilege to refuse to answer that question. Can
19 we please move on.
20 A. I will not waive the attorney/client
21 privilege, and I can't be forced to do that.
22 Q. Exhibit 11. We're back to Exhibit 11.
23 Would you please look at Exhibit 11. Would you
24 please certify the question for me.
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1 MR. COGLIANESE: You're certifying the
question of would you please look at Exhibit 11?
3 MR. GRENDELL: No. The one before.
4 THE REPORTER: We need to slow down a
5 little bit, please.
6 MR. GRENDELL: Would you certify the
7 previous question and make sure I have a copy of
8 it first thing tomorrow morning. Thank you.
9 A. This is the one we were trying to sort
10 out the documents.
11 MR. COGLIANESE: Okay. Okay.
12 A. That may be the original. I'm not
13 sure. It's kind of wrinkly.
14 MR. GRENDELL: That's all Farrell
15 stuff. Farrell stuff. There's still exhibits
16 missing. There's still copies of letters that we
17 requested about an hour ago. There's still the
18 information about quorum that is missing.
19 Speaking -of throwing documents, but --
20 MR. COGLIANESE: I believe that those
21 were handed to you, sir.
22 MR. GRENDELL: They certainly weren't.
23 They hit the table. The camera won't lie.
24 MR. COGLIANESE: Mr. Grendell --
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1 MR. GRENDELL: There's another --
2 there's another exhibit missing. There's a
3 document that we asked you to copy, Counselor,
4 that was on the file on the table that dealt with
5 quorum. And it was about this long with a longer
6 piece underneath it. We would like that document
to be produced.
8 MR. COGLIANESE: You've got everything,
9 sir.
10 MR. GRENDELL: Well, we do not. I know
11 exactly that there was a document dealing with
12 quorum. I do not have everything. It said quorum
13 on it. It had -- it was from Roberts Rules of
14 Orders. i'm not hallucinating this because it was
15 on the table, it was produced those original
16 documents, and we asked to you make a copy. I do
17 not see that document anywhere in the documents
18 that were produced.
19 A. It -- it was here. I don't know where
20 it went to.
21 Q. I know. I saw it here.
22 MR. COGLIANESE: We've made copies of
23 everything you've asked us to make copy of.
24 MR. GRENDELL: You have not, Counselor;
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1 because there's a document that says in the upper
2 right corner Roberts Rules -- up in the left
3 corner, and it was several pages. 6.4 of Roberts
4 Rules, I believe.
5 MR. CHIN: I believe we had --
6 MR. GRENDELL: Off the record, sure.
7 THE VIDEOGRAPHER: We are off the
8 record at 20:17.
9 (A short recess is taken.)
10 THE VIDEOGRAPHER: We're back on the
11 record at 20:59.
12 Q• Madam Secretary, I'm handing you what's
13 been previously marked as Exhibit 11 for today's
14 deposition.
15 A. Okay. Yes.
16 Q. Can you verify that that is a document
17 that we received from you today from -- from the
18 Secretary of State's files in response to our
19 request?
20 A. That who received?
21 Q. We did today from you? It was produced
22 today.
23 A. We did provide this to you today.
24 Q. Okay. And that is a document that had
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1 been previously received by the Secretary of
2 State's office?
3 A. We received it by fax on February 29th,
4 2008.
5 Q. Thank you.
6 I'm going to hand you what's been
7 marked as Exhibit 12 for purposes of this
8 deposition.
9
10 Thereupon, Deposition Exhibit 12 is marked
11 for purposes of identification.
12
13 Q. I'll give you a minute to look at that.
14 A. Yes.
15 Q. Have you seen that document before?
16 A. I saw it today in reviewing documents
17 in response to your subpoena duces tecum and the
18 public records requests from Mr. Arshinkoff.
19 Q. Had you_seen that document prior to
20 February 29th, 2008?
21 A. No.
22 Q. Do you know who prepared that document?
23 A. No.
24 Q. Do you know how that document, being
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1 Exhibit 11 -- Exhibit 12, found its way into your
2 records?
3 A. No.
4 Q• All right. With respect to Mr. Donald
5 Varian, do you know if he's had any prior
6 experience working on a board of elections?
7 A. I don't believe that he has.
8 Q• And have you ever -- have you ever had
9 a conversation with Mayor Currin of Hudson
10 concerning Brian Daley's recommendation for the
11 board of elections?
12 A. No.
13 Q• I have no other questions. Thank you
14 very much.
15 MR. COGLIANESE: We'll -- we'll read.
16 THE WITNESS: Can we take one break?
17 MR. COGLIANESE: Yeah. Let's --
18 actually, yeah, let's take a break.
19 THE WITNESS: I just need a break
20 before we -- we quit.
21 THE VIDEOGRAPHER: Okay. Do you want
22 me to stop the videotaped deposition?
23 THE WITNESS: Can we -- can we -- we're
24 not quite done yet. .
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1 MR. COGLIANESE: We're not done yet.
2 THE WITNESS: Can we take a break?
3 THE VIDEOGRAPHER: Okay. We're off the
4 record at 21:01.
5 (A short recess is taken.)
6 THE VIDEOGRAPHER: We are back on the
7 record at 21:06.
8
9 DIRECT EXAMINATION
10 BY MR. COGLIANESE:
11 Q. Madam Secretary, I just have a couple
12 of very, very brief questions for you.
13 A. Okay.
14 Q. I'm going to hand you what I have
15 previously marked as Brunner Exhibit -- Defense
16 Exhibit A to the Brunner deposition.
17
18 Thereupon, Defense Deposition Exhibit A is
19. marked for purposes of identification.
20
21 A. Okay.
22 MR. GRENDELL: Do you have a copy,
23 Counsel?
24 1 THE WITNESS: There it is.
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1 MR. GRENDELL: Thank you.
Q. Can you briefly review that and then
3 identify that for the record, please.
4 A. Yes. It's actually two documents,
5 first being an e-mail from David Farrell, director
6 of elections, to Marijean Donofrio, indicating
7 that a copy of the Summit County Republican
8 Party's constitution and/or bylaws for either the
9 central or executive committees is not currently
10 on file in the board of elections' records in
11 Summit County. And that confirms apparently a
12 conversation he had with her.
13 And second is an e-mail that was
14 received by our office, specifically by David
15 Farrell, from an attorney Stephen Yashnik,
16 Y-A-S-H-N-I-K, and Scott Sigel, S-I-G-E-L. And it
17 includes a letter from Scott Sigel dated February
18 28th, 2008, along with an affidavit of Scott Sigel
19 that runs for about three pages, along with a roll
20 call of the 2006 executive committee, but it says
21 2-26 --
22 MR. GRENDELL: Bless you.
23 A. 2-26-08 meeting, and it has check marks
24 by names of committee members apparently who
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1 attended. It has a handwritten note that Tom
2 Cousineau arrived at 7:30 p.m. after the vote.
3 And then it has an agenda for the February 26th,
4 2008 meeting, along with what looks like a script
5 for running the meeting, and that's it.
6 Q. Okay. Have you seen what's been
7 previously marked as Exhibit A before?
8 A. Yes.
9 Q• When did you see that?
10 A. I saw that on February 29th, 2008.
11 Okay. And did you use?
12 A. 9 or A?
13 Q• I'm sorry. Exhibit A.
14 A. Okay.
15 Q• I'm using -- I'm going to use letters
16 for the defense exhibits in your depositions.
17 A. Okay. Okay.
18 Q. Did you -- did you use that in any way
19 in making a determination about Mr. D -- the
20 decision to not appoint Mr. Daley to the Summit
21 County Board of Elections?
22 A. We looked at that and we were concerned
23 about whether or not there had been a quorum at
24 the -- at the meeting and whether or not
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1 Mr. Daley's purported nomination was effective. I
2 know that Mr. Farrell -- I believe I instructed
3 Mr. Farrell to call Mr. Arshinkoff and ask him for
4 bylaws of the board.
5 And I -- I don't know what the
conversation was. But I know that after that, I
7 believe it was Exhibit 11 was supplied to our
8 office from Mr. Simon on behalf of the County
9 Republican Party. And it did contain information
10 on the executive committee along with people who
11 apparently were no longer serving. And I think
12 that it had information that was different
13 regarding the attendance of people at -- at the
14 meeting.
15 So we compared the two documents and
16 determined that there were some concerns about
17 whether or not there was a quorum, and then we
18 looked at other information after that.
19 Q. . Okay. I'm going to also hand you what
20 I've previously marked as Deposition Exhibit B,
21 Defense Deposition Exhibit B.
22
23 Thereupon, Defense Deposition Exhibit B is
24 1 marked for purposes of identification.
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1
2 A. Okay.
3 Can you just identify that for the
4
5 Yes. This is information that was in
6 Mr. Arshinkoff's file that came in from various
7 people in Summit County that included -- there's a
8 cover sheet, and it includes Exhibits -- it
9 references Exhibits 1 through 24. Now, Exhibit
10 No. 12, which is a nine-minute tape of a meeting,
11 I don't recall seeing. And there appears to be
12 missing from this exhibit Exhibit No. 17, which
13 indicates that it's two Channel 23 news stories.
14 But essentially the information in Exhibit B was
15 information that I did review in making my
16 decision about whether or not to reappoint
17 Mr. Arshinkoff.
18 MR. GRENDELL: Do we have a copy of
19 Exhibit B?
20 A. You have it in various forms in your
21 file. Do you want -- sorry. You're the attorney.
22 MR. COGLIANESE: Yeah. This is the
23 stuff that we've given to you. We put it in a
24 different format here.
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1 MR. GRENDELL: Can I see?
2 MR. COGLIANESE: I will be happy to
3 have a copy run for you before we take off
4 tonight.
5 Madam Secretary, thank you. I don't
believe I have any further questions.
THE WITNESS: Thank you.
8
9 FURTHER CROSS-EXAMINATION
10 BY MR. GRENDELL:
11 Q. Madam Secretary, I do.
12 Going to Exhibit A, first of all. Is
13 Marijean Donofrio a Democrat, a registered
14 Democrat?
15 A. Yes. To my knowledge, she is. She's
16 the deputy director of the board of elections.
17 Q- Has she or her husband ever held
18 elected office in Summit County?
19 A. I don't know about Marijean. I do
20 recall that her husband, I believe, has been a
21 county treasurer.
22 Q. And he also is a member of the
23 Democratic Party?
24 MR. COGLIANESE: Objection.
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1 A. I know him to be a Democrat. I really
2 don't know his membership.
3 Q. Did you receive Exhibit A before you
4 issued your letter of 2-29-08 advising the Summit
5 County Republican Party that you were disapproving
6 Mr. Daley's recommendation for appointment?
7 A. I did not receive the first page, but
8 the remaining pages I did.
9 Q. And so you had these -- you had the
10 remaining pages in your possession when you
11 indicated on page 2 of that letter that procedural
12 issues relating to the February 26th meeting,
13 however, are not the reason for my decision to
14 reject a nomination of Mr. Daley?
15 A. Correct.
16 Q. Okay. There's your exhibit -- oops,
17 you have the original document?
18 A. I have the original exhibit.
19 Q. I'll keep this one.
20 So you didn't reject Mr. Daley because
21 of a quorum problem --
22 MR. COGLIANESE: Objection.
23 Q. -- is that correct?
24 A. I had concerns because the information
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1 from Mr. Sigel and from Mr. Simon -- Mr. Simon's
2 information indicated there were two more people
3 than what Mr. Sigel had listed. And I did have
4 concerns about a quorum, but I went back to the
5 statute and looked at the basis for not appointing
6 and decided I would be best to deal with the issue
7 of competency.
8 Q. So you didn't make the -- the
9 disapproval decision based on the lack of a
10 quorum; is that correct?
11 MR. COGLIANESE: Objection.
12 A. I --
13 Q. That's a yes or no, please.
14 MR. COGLIANESE: Objection. To the
15 extent you can answer it that way, answer it. if
16 you need to -- some more --
17 A. I had concerns and that's why I
18 mentioned them in the letter. But it was a
19 situation where I had conflicting evidence between
20 Mr. Sigel and Mr. Simon, and so I took the strict
21 constructionist approach and listed as my reasons
22 things having to do with whether or not I thought
23 Mr. Da1ey would be competent.
24 1 Q. Those concerns notwithstanding, you
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1 said in your 2-29 letter that you were not making
2 the decision to disapprove him based on procedural
3 issues. Was that statement correct when you said
4 it on 2-29-08?
5 MR. COGLIANESE: Objection.
6 A. Well, if I could look again at
7 Exhibit 1, I would be better able to answer the
8 question. Thank you. I stated procedural issues
9 relating to the February 26th meeting, however,
10 are not the reason for my decision to reject the
11 nomination, and Mr. Daley to the Summit County
12 Board of Elections.
13 Q• Thank you.
14 If we can go to Exhibit B.
15 A. Yes.
16 Q• I started to share it with you, but it
17 seems to be our only copy --
18 A. Well.
19_ Q. -- of Respondent's exhibit.
20 A. Well, it's the only one collated in
21 that manner.
22 Q• The first two pages are an undated
23 letter to Secretary Brunner, unsigned and unsworn;
24 1 is that correct?
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1 A. Correct.
2 Q. And this letter was received by you on
3 February -- and your office on February 1st, 2008,
4 which is after you discussed with Mr. Wayne Jones
5 not reappointing Arshinkoff to the Summit County
6 Board of Elections; is that correct?
7 MR. COGLIANESE: Objection to the
8 compound question.
9 A. The file stamp indicates that it was
10 received February lst. I do not have personal
11 knowledge of whe-n it was received. If that, in
12 fact, is correct, that would be after the time
13 when Mr. Jones expressed concerns about
14 Mr. Arshinkoff's reappointment, and I told him
15 that if he had concerns, he needed to send me
16 evidence.
17 Q. And did he send this document to you?
18 A. I do not know --
19 MR. COGLIANESE: Objection.
20 A. -- who sent it to us.
21 Q. The next -- the third page of
22 Exhibit B, which has a sticker on it of Exhibit 1
23 is an article from -- I don't want to take this
24 apart, because we'll be chasing this again for
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1 another three hours, but let's do it this way,
2 then. There's an article on Ohio.com?
3 MR. ARSHINKOFF: It's the Beacon
Journal.
5 Q• I know, but I'm just trying to get a
6 date. It seems to be undated -- I'm sorry. There
7 it is December 27th, 2007; is that correct?
8 A. Yes.
9 Q. Did you take any action to verify the
10 facts stated in this article?
11 MR. COGLIANESE: Objection.
12 A. Let's see. I wasn't required to, so,
13 no.
14 Q• The next is Exhibit 2 to Exhibit B is
15 off of the Scene magazine website, it looks like,
16 for an article dated -- my eyes are going on me
17 there -- January --
18 A. January 23rd.
19 Q• -- 23rd, 2008. And it's one page; is
20 that correct?
21 A. Yes.
22 Q• Did you take any action to verify the
23 factual information in that article?
24 1 A. I was not required to, no.
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1 Q. Were you required to get letters from
2 Mr. Moran with respect to Mr. Daley?
3 MR. COGLIANESE: Objection.
4 A. I was only required to state reasons
5 why I believed that Mr. Daley would not be a
6 competent member of the board.
7 Q• So you're only required to get negative
8 information; you have no requirement to get
9 positive information about a recommended appointee
10 to the board of elections; is that correct?
11 MR. COGLIANESE: Objection.
12 A. Well, that is correct. And since
13 you're in the Senate, maybe you can remedy that.
14 Q. I'll take it in the spirit that it was
15 offered.
16 Exhibit 3, a letter from Scott Sigel of
17 January 22nd, 2008 to whom it may concern, three
18 pages; is that correct?
19 A. Yes.
20 Q• It's unsworn, not notarized?
21 A. That is correct.
22 Q• And do you know how this letter came
23 into your possession?
24 MR. COGLIANESE: Objection.
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1 A. It was with these items of the first
2 two pages of Exhibit B.
3 Q• So all these exhibits came with the
4 unsigned, unsworn, and undated first page of
5 Exhibit -- first two pages of Exhibit B; is that
6 correct?
7 A. Anything that's marked as an exhibit
8 did. There are some additional things that I'm
9 not sure when and how they got here but they were
10 in the file.
11 Q• Do you know if these documents came
12 from Mr. Wayne Jones?
13 A. I have no idea.
14 Q• So I have this clear, all these
15 exhibits beyond Exhibit B marked by numbers in the
16 upper right corner came with the first two pages
17 of Exhibit B, just so I understand that?
18 It would be Exhibits 1 through 24,
19
20 17 --
21 A. -- Exhibit 17 and Exhibit 12.
22 Q. Okay. And I take it you never
23 discussed any of the documents attached to
24 Exhibit B with Mr. Arshinkoff before you decided
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1 to disapprove his reappointment to the board of
2 elections?
3 MR. COGLIANESE: Objection.
4 A. No, I was not required to.
5 Q. Got you.
6 Exhibit 4 is an unsigned, undated -- do
7 you know who prepared Exhibit 4?
8 A. I see that it's been time stamped in to
9 the Summit County Board of Elections October 3rd
10 -- oh, excuse me. October 8th of '03.
11 Q. Exhibit 5 is a letter -- well, it's
12 something, it seems -- there's no addressee on
13 Exhibit 5. Will you agree with me?
14 A. Yes. It has a fax header of 10-15-03.
15 Q. Right. But it's not addressed to you,
16 it has no -- it's not addressed to anyone in
17 particular?
18 A. No, it's referenced in the first few
19 pages as this -- the second time a Republican
20 campaign finance person has been summarily removed
21 by Alex Arshinkoff for "doing their job." Lynn
22 Hamilton was not rehired after she refused to
23 alter her story regarding Mr. Arshinkoff's order
24 to have her tell the state auditor what reports to
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1 look at.
2 Q. And this was signed by Lynn Hamilton
3 purportedly, but it's not notarized or sworn to;
4 is that correct?
5 MR. COGLIANESE: Objection.
6 A. It was signed by Lynn Hamilton, and I
7 don't see a notary jurat.
8 Q. Exhibit 6 to Exhibit B is addressed to
9 whom it may concern, and it's signed by a Heather
10 Nagel without notary; is that correct?
11 MR. COGLIANESE: Objection.
12 A. That is correct.
13 Q• Exhibit 7 appears to be related to
14 Exhibit 6; is that correct?
15 A. It -- that does appear to be related to
16 Exhibit 6. It is a document relating to a notice
17 that a request for appeal regarding unemployment
18 compensation has been filed regarding Heather
19 Nagel. -
20 Q• That document hasn't been
21 authenticated, notarized or in any way verified by
22 the office of unemployment compensation in the
23 form that it appears as Exhibit 7, has it?
24 A. No.
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1 MR. COGLIANESE: Objection.
2 A. No. And there's no requirement in the
3 statute that it is.
4 Exhibit 8, is that a press release from
5
6 Apparently.
7 Do you know who released that press
8
9 It looks like it was Vondelise,
10 V-O-N-D-E-L-I-S-E, Jones and Bonnie Henderson.
11 Q• Do you know who they are?
12 A. Vondelise indicates that she is a -- is
13 or was a part-time employee at the Summit County
14 Board of Elections. And Bonnie Henderson, I am
15 not certain -- oh, Bonnie Henderson apparently was
16 a co-worker who attempted repeatedly to contact
17 and set up a meeting with board member and
18 Republican Chairman Alex Arshinkoff to no revail
19 -- to no avail.
20 Are you aware that they're affiliated
21 with Kevin Coughlin, who is trying to remove
22 Mr. Arshinkoff as party chairman?
23 MR. COGLIANESE: Objection.
24 A. I have no idea. I have never spoken to
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1 Kevin Coughlin.
Q. But you've received documents from him;
is that correct?
4 MR. COGLIANESE: Objection.
5 A. Apparently I have, but I have not
6 reviewed those documents, unless he sent these.
7 And I don't know if he did.
8 Q. Exhibit 9, again, it's a letter but
9 it's unsworn, not notarized; is that correct?
10 MR. COGLIANESE: Objection.
11 THE WITNESS: Yes. This one indicates
12 that she was spit on by co-worker Maria Kotsatos,
13 K-O-T-S-A-T-O-S. I'm --
14 Q• Exhibit 10, also --
15 A. I'm --
16 Q• -- unnotarized and unsigned?
17 MR. COGLIANESE: Hold on. Hold on. I
18 believe the Secretary was not --
19 MR. GRENDELL: The question was simply
20 is it notarized or sworn to, Counselor.
21 MR. COGLIANESE: I believe that she
22 was --
23 MR. GRENDELL: It's not read the
24 1 letter. It's a simple question: Is it
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1 notarized --
2 MR. COGLIANESE: Mr. Grendell --
3 MR. GRENDELL: This is the way
4 depositions work: You ask -- I get to ask the
5 question and my question gets answered. It
6 doesn't get to run on to other things. I'm not
7 asking her to read the document. It's simply: Is
this notarized and sworn to?
9 Q. Madam Secretary, Exhibit 10 --
10 MR. COGLIANESE: Mr. Grendell, thank
11 you for your comments. Madam Secretary, if you
12 are not finished answering Mr. Grendell's question
13 about document number 9 you can complete your
14 thought.
15 MR. GRENDELL: No, you can't. My
16 question was: Was it notarized or sworn to?
17 That's what you need to answer, Madam Secretary.
18 MR. COGLIANESE: Mr. Grendell, you are
19 not a judge. You are an attorney here asking
20 questions.
21 MR. GRENDELL: I apply to the civil
22 rules. You know those same civil rules. The
23 witness has to answer the question that was asked.
24 MR. COGLIANESE: And the attorney --
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1 MR. GRENDELL: They don't get to just
2 roll on and roll on. They answer the answer that
3 was asked. This witness should know more than any
4 because she's been a judge. That's in the civil
5 rules, Counselor. We can have this debate at the
6 Bar Association or the Supreme Court, if you would
7 like. I would love to have that debate, because
8 the civil rules are very clear. You answer the
9 question, usually a yes or no, by the way. And,
10 usually, I can do this on cross.
11 Q. So the question is simply has this
12 document, Exhibit 10, been notarized or sworn to?
13 MR. COGLIANESE: Mr. Grendell, if
14 you're done, I would like to point out that you
15 are not allowed to interrupt the witness as she is
16 answering questions, so --
17 MR. GRENDELL: It is if she's not
18 answering the question that was asked, Counselor.
19 MR. COGLIANESE: Madam Secretary, if
20 you care to say anything more about document 9,
21 you are free to do so. If you would like to go
22 ahead and answer Mr. Grendell's question about
23 No. 10, you can. But I do not want him to
24 interrupt your answers.
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1 MR. GRENDELL: I will if they're going
2 beyond the scope of the question, Counselor.
3 A. Well, I had to look at what Exhibit 9
4 was. And I did recall that statements in here
5 were quite persuasive. Okay, Exhibit 10, it's my
6 reading of this it is not notarized.
7 Q. By the way, all these documents we're
8 looking at, you received after you talked to
9 Mr. Wayne Jones; is that correct?
10 MR. COGLIANESE: Objection, asked and
11 answered.
12 Q• Concerning Mr. Arshinkoff's --
13 MR. GRENDELL: No, I didn't. I asked
14 about this first document. There 20-something
15 documents.
16 Q• All of the documents that we referred
17 to so far up through Exhibit 10 you received or
18 reviewed after you spoke with Mr. Wayne Jones
19 about Mr. Arshinkoff's reappointment; is that
20 correct?
21 MR. COGLIANESE: Objection. Asked and
22 answered. If you care to answer it again, you
23 may.
24 1 MR. GRENDELL: I wouldn't have asked
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1 about 10 until I got to 10, Counselor.
2 Q. Would you please answer the question?
3 A. It was after Mr. Jones spoke to me
about Mr. Arshinkoff's reapointment.
5 Q• Is that also true about Exhibit 11?
6 Yes.
7 Is there a notary on the second page of
8
9 No.
10 MR. COGLIANESE: And I would like the
11 record to reflect that the witness previously
12 testified all of these exhibits -- documents with
13 the exhibit sticker came in with the initial
14 e-mail, so that's why this was asked and answered.
15 Q. Exhibit 13, 14 --
16 MR. GRENDELL: It wasn't.
17 Q. Exhibit 13, 14, and 15, do you have
18 originals of those in your files or did they come
19 as copies?
20 A. They came to me as copies.
21 Q. Exhibit 16 is another newspaper
22 article, or is this a -- I'm not sure if this is
23 newspaper article from the Beacon Journal or is it
24 off their website?
Realtime - Videoconferencing - Trial Presentation - Video15t Spectrum Reporting LLC 159
A. I don't know. It looks like it came
2 off of a website. And it -- it is Exhibit 16, and
3 it is a -- apparently an editorial.
4 Q. Exhibit 18 to Exhibit B also is a
5 newspaper article; is that correct?
6 A. Yes.
7 MR. COGLIANESE: Objection.
8 Q. Exhibit 19 is an Akron Beacon Journal
9 editorial?
10 MR. COGLIANESE: Objection, the
11 document speaks for itself.
12 A. Yes.
13 Q. Exhibit 20, what is Exhibit 20?
14 MR. COGLIANESE: Objection.
15 A. It looks like it is a written version
16 of a WKYC TV report which would be the NBC
17 affiliate dated September 28th, 2004. And it's
18 where Mr. Arshinkoff says he'll seek to get United
19 Way federal tax exempt status revoked because of
20 its partisan involvement. Apparently, a scavenger
21 hunt sent participants to the Kerry/Edwards office
22 in search of a piece of campaign literature about
23 a Democratic candidate for common pleas judge. He
24 called it a classic example of the liberal bias of
Realtime - videoconferencing - Trial Presentation - Video 15Q Spectrum Reporting LLC 160
1 the social activists.
2 MR. ARSHINKOFF: True.
It was United Way's annual fund-raising
4
5 Exhibit 21 is, what, from the same
6 magazine website; is that correct?
A. I don't know if it's from a website or
8 not. It says Scene, clevelandscene.com, August
9 10th through 16th, 2005.
10 Q• Exhibits22, 23, and 24 were all
11 received after you talked to Mr. Jones about not
12 reappointing Mr. Arshinkoff?
13 MR. COGLIANESE: Objection. Asked and
14 answered.
15 A. These were received as exhibits to the
16 first two pages of Exhibit B. And it would, in
17 fact, be after Mr. Jones spoke to me about not
18 reappointing Mr. Arshinkoff.
19 Q• The n_ext document, was this part of
20 that packet or separate from that packet?
21 A. I don't know. I believe it was in the
22 file that I reviewed in making a determination on
23 Mr. Arshinkoff's reappointment. But I -- I don't
24 think that it was included with the first two
Realtime - Videoconferencing - Trial Presentation - Videolob Spectrum Reporting LLC 161
1 pages of Exhibit B.
2 Q. The next document that was attached to
3 Exhibit B is a letter from Mr. George Roth dated
4 January 31st, 2008.
5 Are you aware of the fact that he is
6 the gentleman who ran against Mr. Daley for Hudson
7 City Council?
8 A. No, I have no knowledge of that. And I
9 believe that this came in separately but was
10 included in the file, separately from the first
11 two pages of Exhibit B.
12 Q• And the next part of Exhibit B is a
13 memo dated February 29th, 2008 to David Farrell
14 from Kevin Coughlin, 23 pages.
15 A. Are you going to hand it to me?
16 Q• I'm sorry. I have to read it.
17 A. Okay. All right.
18 Q• My eyes are a problem. I can't read
19 something unless_it's half away from me.
20 Did you receive that from Kevin
21 Coughlin?
22 MR. COGLIANESE: Objection.
23 A. Actually, I don't believe this was in
24 Mr. Arshinkoff's file. This was sent in to us on
Realtime - Videoconferencing - Trial Presentation - Videol&' Spectrum Reporting LLC 162
1 the 29th of February, and really it relates to the
2 quorum issue. So it's -- it's in error in
3 Exhibit B. It should not be part of Exhibit B.
4 We can give it a different number if you want.
5 MR. COGLIANESE: Sure.
6 Q. Are you familiar with fax 330-923-81 --
7 it looks like -- 67? Is that Mr. Farrell's fax,
8 do you know?
9 A. 330 would be Summit County. it
10 wouldn't be Franklin County. But I do not know
11 the number. I'm not familiar with.it.
12 Q. Did you review this 23 pages before you
13 issued your letter disapproving of the appointment
14 of Mr. Daley to the Summit County Board of
15 Elections?
16 A. I believe it was handed to me and I
17 briefly reviewed it, but I did not spend lot of
18 time looking at it.
_19 THE WITNESS: Do you want to --
20 MR. COGLIANESE: Yeah. Just for
21 purposes of the record, let's clarify this and
22 make this Exhibit C.
23
24 1 Thereupon, Defense Deposition Exhibit C is
Realtime - Videoconferencing - Trial Presentation - Video/62, Spectrum Reporting LLC 163
1 marked for purposes of identification.
2
3 MR. GRENDELL: And that's the Coughlin
4 23 memo -- page memo for purpose of the record?
5 MR. COGLIANESE: Yes, it is.
6 MR. GRENDELL: And is this part of
7 Exhibit B or C now? I'm going to get confused.
8 A. This is dated February lst, and it is a
9 letter to me Attention: David Farrell from
10 Mr. Coughlin, requesting that the Secretary of
11 State investigate the arbitrary and capricious
12 conduct of Summit County Board of Elections member
13 Alex Arshinkoff. So my recollection is that it
14 was in the file, but did not come in as an exhibit
15 to the first two pages of Exhibit B.
16 Q• So do I mark this as Exhibit D so we
17 don't have some confusion or --
18 A. Well, the George Roth letter is
19 different. But what I triQd to indicate here is
20 that these items were in the file for review.
21 Whatever you and Mr. Coglianese --
22 Q. Did you review this February lst letter
23 prior to your decision not to appoint
24 Mr. Arshinkoff?
Realtime - Videoconferencing - Trial Presentation - Videol0 Spectrum Reporting LLC 164
1 MR. COGLIANESE: Objection.
2 Q. Okay. It's referencing you.
3 A. I think that I looked at it briefly,
4 but I really didn't give it much credence because
5 I was aware that there was quite an -- an
6 intraparty struggle going on, and I was not
7 interested in siding with one or another faction.
8 I was interested in looking at the potential for
9 Mr. Arshinkoff to perform his job as a board
10 member competently.
11 Q. You mentioned about Exhibit B when
12 counsel was asking you that -- that these
13 documents came in from various people in Summit
14 County. How did they come in? Did people just
15 mail them to you? Did they all come in with that
16 cover letter except for the Coughlin stuff that
17 came in from Coughlin?
18 MR. COGLIANESE: Objection.
19 Q. Were they solicited?
20 MR. COGLIANESE: Objection.
21 Q. Let's start with were they solicited?
22 Were any of these documents solicited by Mr. Hardy
23 or Mr. Farrell?
24 A. No.
Realtime - Videoconferencing - Trial Presentation - VideolU4 Spectrum Reporting LLC 165
1 Q. How did they come -- how did all of
2 these people decide to suddenly put all of these
3 documents together and submit them to the
4 Secretary of State's Office?
5 MR. COGLIANESE: Objection.
6 A. I wouldn't -- I would not know the
7 answer to that question.
8 Q. Were there any documents of any nature
9 in Mr. Arshinkoff's file prior to your
10 conversations with Mr. Jones in January of 2008?
11 A. We didn't have a file --
12 MR. COGLIANESE: Objection.
13 A. -- for any board member in January of
14 2008, because we didn't have any appointments sent
15 to us by the counties. I think we may have had a
16 deadline sometime in January. But many counties
17 missed the deadline, we gave them extra time. I
18 really don't know. You probably would have to ask
19 Mr. Farrell whepwe constructed the 176 files, one
20 for each nominee that was sent in to us. I just
21 don't know the answer to the question.
22 Q• Thank you.
23 MR. COGLIANESE: Are you done?
24 MR. GRENDELL: I'm done.
Realtime - Videoconferencing - Trial Presentation - VideolUS Spectrum Reporting LLC 166
1 MR. COGLIANESE: Okay. We will read.
2 MR. GRENDELL: When are we taking
3 Mr. Farrell? Now or --
4 THE REPORTER: Are we off the record?
5 THE VIDEOGRAPHER: We are off the
6 record 21:35.
7 (A recess is taken.)
8 MR. COGLIANESE: Back on. We're back on
9 the record. My understanding was, and maybe I'm
10 wrong. My understanding was that Mr. Arshinkoff
11 may have asked for a couple copies of the
12 videotape from the deposition from today. If I'm
13 wrong, Mr. Arshinkoff --
14 MR. ARSHINKOFF: No, I did. Is there a
15 problem?
16 MR. COGLIANESE: Actually, my office
17 did file on my behalf earlier today a motion to
18 require the original copy of the of this videotape
19 to be filed under seal and for no copies of this
20 videotape to be made. We made that filing on the
21 basis of the representation that Mr. Grendell made
22 in his memo contra, our motion to get a protective
23 order against the videotaping of today's
24 deposition that the tape would not be used for any
Realtime - Videoconferencing - Trial Presentation - Videolbb Spectrum Reporting LLC 167
1 political purposes. If it's only being used for
2 the legal purpose of testimony in this case, we
3 see no reason for any copies of this tape to be
4 made. So that was filed today on my behalf.
5 MR. ARSHINKOFF: Has the court ruled on
6 it?
7 MR. GRENDELL: Nope. We haven't had a
8 chance -- just for the record, we were just being
9 served what time is it, Alex? With a copy of
10 this document that obviously was filed before 4:30
11 today. We are receiving a copy --
12 MR. ARSHINKOFF: Ten till 10:00.
13 MR. GRENDELL: Ten minutes until 10:00,
14 and we been with the Attorney General's Office all
15 afternoon. We'll file accordingly on this, but --
16 MR. ARSHINKOFF: It's typical.
17 MR. GRENDELL: We'll deal with it by
18 response.
19 MR. COGLIANESE: Just for the record,
20 that was actually, again, faxed to Mr. Grendell,
21 as you can tell. I wasn't there when it was filed
22 either. That was not signed by me. It was faxed
23 to Mr. Grendell's office, according to the
24 certificate of the service.
Realtime - Videoconferencing - Trial Presentation - VideolP Spectrum Reporting LLC 168
1 MR. GRENDELL: Right. But for the
2 record, sense of humor, my office is in Broadview
3 Heights, Ohio, and I have been here all afternoon
4 from, what, about 4:00, 4:30 on, and it would have
5 been easy for counsel to just give us a copy
6 before ten minutes until 10:00.
7 But, again, we'll deal with it, we'll
8 be responsive to the pleading. And until the
9 Court tells us otherwise, we will exercise
10 whatever rights we have by law.
11 MR. COGLIANESE: As you have told us on
12 numerous occasions, you're the only attorney
13 working on this case. I don't understand what the
14 difference is, if it was handed to you at 4:30 or
15 faxed to you at 4:30. Nobody, according to you,
16 would have been able to work on it anyway.
17 MR. GRENDELL: You would be surprised.
18 I can dictate in five minutes during one of the
19 breaks. I could have dictated it during the 40
20 minutes while the Secretary was trying to figure
21 out the problems with your exhibits with
22 Exhibit B.
23 MR. COGLIANESE: Problems that you
24 1 caused by rearranging them. Thank you.
Realtime - Videoconferencing - Trial Presentation - Videol6g Spectrum Reporting LLC 169
MR. GRENDELL: I didn't cause the
2 problem. If you would have made the copies in
3 advance, we never would have the problem. But
4 we're done with it. Let's get the next witness.
5 Bring him over here and swear him in.
6
7 Thereupon, the foregoing proceedings
8 concluded at 9:47 p.m.
9
10
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14
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Realtime - videoconferencing - Trial Presentation - Video'bq Spectrum Reporting LLC 1 State of Ohio . C E R T I F I C A T E
County of Franklin: SS
3 I, Stacy M. Upp, a Notary Public in and for the
4 State of Ohio, do hereby certify the within named
5 Jennifer L. Brunner was by me first duly sworn to
6 testify to the whole truth in the cause aforesaid;
7 testimony then given was by me reduced to stenotypy
8 in the presence of said witness, afterwards
9 transcribed by me; the foregoing is a true record
10 of the testimony so given; and this deposition was
11 taken at the time and place as specified on the
12 title page.
13 I do further certify I am not a relative,
14 employee or attorney of any of the parties hereto,
15 and further I am not a relative or employee of any
16 attorney or counsel employed by the parties hereto,
17 or financially interested in the action.
18 IN WITNESS WHEREOF, I have hereunto set my hand
19 and affixed my seal of office at Columbus, Ohio, on
20 Mar,gh 13, 2008.
21
22 Stacy"M. Upp, RPR, Notary Public - State of Ohio
23 My commission expires August 6, 2011.
24
Realtime - Videoconferencing - Trial Presentation - Video l"rA Spectrum Reporting LLC 171 Witness Errata and Signature Sheet
Spectrum Reporting LLC Correction or Change Reason code 333 East Stewart Avenue 1 - Misspelling 2 - Word Omitted
Columbus, Ohio 43206 3 --Wrong Word 4 - Clarification Phone - 614-444-1000 Fax - 614-444-3340 5 - Other Correction (Please explain) Email - [email protected] Ref: SR12656JB Sheet of
Page/Line Correction, Addition, or Change Reason Code
I, JENNIFER L. BRUNNER, have read the entire transcript of my deposition taken in this matter, or the same has been read to me. I request that the changes noted on my errata sheet(s) be entered into the record for the reasons indicated.
The witness has failed to sign her deposition within the time allowed.
Date Signature
(-1I ...p,..vU ui I I r-%aF►vI Ul iy, "%. Media Services 333 East Stewart Avenue, Columbus, OH 43206 Phone (614) 444-1000 or (800) 635-9071/ Fax (614) 444-3340 [email protected]
(Legal statement to be read by SRI video technicians at deposition.)
"The following deposition of 6Mr1",{' nspaanta hd nmro .nd NW Is being taken on 6\ f 2, 21^7^g at L Mmft de,o Yw cocaHan.ddlsss
<,-h ;^ v. 'Tt^vx, Sccre ,tLci. v2^/latr Ca7 FqzK- Cw-t; H-e c- 44 er?2.^00N4- e nem case number h? -04 -1 Q . This deposiGon is being taken on behalf
of the &J,-^77Y . The court reporter is arm^,rrvns^►ndex This deposiaon is being recorded on'r4 inch VHS videotape by Spectrum Reporting, LL , Columbus,
Ohio by videographer • Y
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!7 Issued by the UNITED STATES DISTRICT COURT
The State of Ohio SUBPOENA IN A CIVIL CASE for personal appearance V. Jennifer Brunner, Secretary of State CASE NUMBER :2008-0478
To: Records Custodian William Currin 27 East Main Street Hudson Town Hall Hudson, OH 44236 YOU ARE COMMANDED to appear at the United States District court at the place, date and time specified below to testify in the above case.
PLACE OF TESTIMONY DATE AND TIME 3/13/2008 7:45 a.m.
xx YOU ARE COMMANDED to appear at the place, date and time specified below to testify at the taking of a deposition in the above case.
PLACE OF DEPOSITION RennllloCourt ReporGng DATE AND TIME 3737 Embassy Parkway 3/13/2008 7:45 a.m. Suite 250 Akron, OH 44333
jYOU ARE COMMANDED to produce.and permit inspection and copying of the following documents or objects place, date, and time specified below (list documents or objects):
PLACE OF INSPECTION DATE AND TIME 311312008 7:45 a.m.
YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below
PREMISES DATE AND TIME Any organization not a party to this suit that Is subpoenaed for the taking of a deposltion shall deslgnate one or more officers, directors, or managing agents, or other persons who consent to testify on Its behalf, and may set forth for each person designated, the matters on which the person wlll testlfy. Federal Rules of Civil Procedure 30(b)(6).
ISSUING OFFICER'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) ,5/Cogiianese, Richard, Esq. DATE Attorney for the : Plaintiff 3/12/2008 ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
Cogiianese, Richard, Esq. Ohio Attorney General's Office Constitutional Division 30 East Broad St., 16th Floor Columbus, OH 43215-2872 (614)466-2872 EXHIBIT 175 Itrrle 45, Fedt;r-iil Rules qf Civil Procedure, Subdivlston (e); (d), and (e); as arrtm'edeil on I'fe.t ember 1, 2006 (c) PROTECTION OF3 PERSONS SUBSECT TO SUBPOENAS. fl) Apatty:or an attomey respottsiblefbr the issuanck and scrvica-oTa subpoenashail takereasonable stop5lo avoid imposilig undue laurden or eRpense on a person subject to that subp,oena, The court on behalf of which the subpoena was issu.e0 shall enfiorcethis duty and impose upon thepatty or dttorney in breac'h of this duty an appropriate sanctinn, which may include, b7rt is ^not limited to, lost eatnings aqd a reasonalsle auorney's fae. (A) AParsan aor.nm§nded to prodttco and petmit 9nspeation, cogying, testirFg: or sampling of deaigttaked iltetronieatiysCOtod SnQarntqtion, bo,oks, papers, Uocurirent€ or tangiblethings, orinspection nfpremises neerl nist a)ipear ie porson attbteplera Pf produptionorinspectionunlesscptmnandedtoappeqefordeposiflon;hpating,strttial,: (B) gl!bJect te pa7agraplc (d)(2) of this Yule, apersolt commanded topro0uog ittW pomtit ihspearinn, ctip.ying, Yestl"ng; oi sampling may, within 14 days a8erservice of the subpaenaor befoza the timespecified f'Ar compliai?PRiFsireh tittre is less than I4 days after service;sar-vs upon the party or attoiateydesginated "m the spbpoena written.ols;jeatipty to-ptAdue4tt^. ^dPyorall of the designated materials or mspeution of thepremises- or toprodq.aing eler,trartteaily aGvred 9uPptmat64n the fotmor fbntns reqnested, Ifobjeetian is made, the•party seav7iigfhesubpo'Bta Shalt nothe ontitled to lastleat, eup:qy teatj.ar aafitipje thema.te4tii(Is or inspect the pr'emises except pursuantto an otder ofthe .court bywhhiph tl,eauhpoena wae issaed, dp:[email protected] been made, the patty'setvingthegubpbcnamky, ujisn notice-to the pepson eonYmanded topmftee, m.qvsut any EG[ie:kop dA 0rder to compal the prodrictlon,inspectiun, aopying; eGsting, 6r satttplittg. Sue1i an orderio corrfpel shali p'r43feot any }fd•rsiinwho isnata^pa?fy or nnofficer ofapartq from signiRgant expeuse-rasultingfrom the inspectioa, copying, teating, or sgrfpliug aommanded. (3) (A) Qn titnely moti'an, ihe court by which the^suhpoena was i5sued sball quash ar modity. the subpoenalflt (i) fails to allow reasonable time for compliance; (ii) requires a person who is nota party or an officer of a party totravelto a placemore man 100 miles from the place whore that person resides, is employed or regularly transactsbusiness in person, except tAat, subject'to the provisions of clause (c) (3) (B) (iii) of this mle, such a person may in orderto attend tiial be commanded to travel $om any such place within the state in which the trial isheld; (ffi)requiresdsclosure of priviledged orotherprotcoted matter and no exteption or waiver applies; ar (iv)subjects a person to undge burden. (B) Ifasubp,o.ena (1) requlres diselpsure ofatrade secret or other confrdenrial researeh, develbpme.ut, or comtrreteiat itifnrmatieri, or (li)requires disclosure of an unretainedexpert's opinion, or in£ormatio>l not desorib?ng speei'fic events or ocourances in dispute and resulting frnm the expert's study made not at the request of auyparty, or (ir`i) requirrs a person who is not a party or an officer of a party to incursubstantial expense to travel more ihah 100r41iles toatteud trial, the court may, to protect a person sgb]eet to or atTected by the subpoena, qu,ash or moitify the subpoena or.,: if thepartyin vlhosebehalf fhesubpoena tsissued shows a sqbstantial need for the test1monyor material thateattnot be otherwise met without undue h0rdship andassures that theperson to wAom the aubposna is addrassed wiil be2easonably compensated, the eourt -may order Tppoarance or production-orily upon specified eonditimis, (d)'DUTIES IN RESPONDIN.C TOSUBpO:ENAS (1) (A) A person responding to a subpoena to producedocuments shall produce them as tbey are kept in the ususal eourse of business-or shall organize and.label. them to corre¢pond with thecategofies in thtdemand. (B) If- asubpoena does not specify the fortn or forrns for producing clecttonically stared^information, a person:respondtng to a subpoena must produce the information in a fonn or forms in which thepersun ordinarily rnaintainsit or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored irrf.ormation in more than one form. (D) Aperson responding to a subpoena need not provide discovery of electronically stored information $om sources that the person identifies as not reasonably accessible because of undue burden or cost On motion to compel discovery or to quash, the person from whom discovery is sought must show that the informationsought is not[eesonably aocessible because of undue burden or cost. If that showing is made, thccourt may nonetheless order discovery from sueb souraesifthe requestibg party shows good cause, considering thelimitations of Rvle 26 (b)(2)(C). The court mayspecify. conditions for the discovety, (2) (A) When information subject to asubpoenaiswithheldnn a claim that it is priviledg@dor subjeut to pEotection as trial=preparation materials, the cl,lim shall be made ettpressl-yaud shall be supported by-a-deseripUonofthtinature a€the documents, communications,or things not produced that Is suflicient'to en;{IAe thedemat(ding party to co0test theclaim. (E) Ifin'fbrmation is produuedinresponse to a subpoenathatissubject ta: aclattrr ofpriV.riege or-of protectJon as tnal-preparation material, the person making the claim may notify anygarty thatreceivedthe information of[he claitn and the basis for it. After being noufied, a party inust promptly retum, sequester; ox destroy fhe speeified intbrmation and artv copies it has arjd maynot use or disclose the infonnation until theclaim is resolved. A receiving party may promptly presentthe information tothe court under seal for a determination of the claiin. If the receiving party disolosed the inlormatton before being notified, it must take reasonable steps to retrieve it. The person who produced the infonnation must preserve the information until the claim is resolved, (e) CONTENIPT Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court frotn wllich the subpoena issued. An adequate cause for failure to obey exists when a subpoena.purports to require a nonparty to attend or produce at a place not within the liinits provided by clause (ii) of subparagraph (c)(3)(A).
1-7 te PROOF OF SERVICE
SERVEDON (PRINTNAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in this Proof of Service is true and correct.
EXECUTED ON:
SIGNATURE AND ADDRESS SERVER:
I11 IN THE SUPREME COURT OF OHIO
THE STATE OF OHIO EX. REL. CASE NUMBER: SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE 520 S. Main Street, Suite 2437 Akron, Ohio 44311
RELATOR, vs.
JENNIFER BRUNNER EXPEDITED ELECTIONS MATTER OHIO SECRETARY OF STATE Brought Pursuant to Rule X, Section 180 East Broad Street, 15th Floor 9 Rules of Practice of the Supreme Court Columbus, Ohio 43215-3726 and Ohio Revised Code Section 3501.07
RESPONDENT.
PETITION FOR WRIT OF MANDAMUS, WRIT OF PROHIBITION, OTHER WRIT, AND ALTERNATE WRITS Positively Verified
TIMOTHY J. GRENDELL (#0005827) Grendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Ohio 44147 Phone No.: (440) 746-9600 Fax No.: (440) 746-9604 E-mail: [email protected]
COUNSEL FOR RELATOR SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITI'EE
EXHIBIT ^ ^'74 Relator Summit County Republican Party Executive Conunittee ("Summit GOP
Executive Committee"), for its Petition against Respondent, Jennifer Brunner, Ohio
Secretary of State ("Brunner"), states to this Honorable Court as follows:
PARTIES
1. Relator is the lawful and duly existing Executive Conunittee of the Republican
Party of Summit County, Ohio.
2. Respondent, Jennifer Brunner, is the duly elected Secretary of State for the State
of Ohio.
JURISDICTION
3. Ohio Constitution, Article IV, Section 2(B)(1)(d) and the Rules of Practice of the
Supreme Court of Ohio, Rule X, vest this Court with original jurisdiction to grant
a writ of mandamus, a writ of prohibition, and other writs.
4. Ohio Revised Code Section 3501.07 (copy attached as Exhibit P hereto and made
a part hereof) provides Relator with the right to seek a writ of mandamus to
compel Brunner to approve Brain K. Daley, Relator's recommended appointee, to
the Summit County Board of Elections.
5. Ohio Revised Code § 2503.40 vest this Court with original jurisdiction to grant an
alternative, other writ when necessary to enforce the administration ofjustice.
(Smith v. Granville Twp. Bd. of Trustees (1996), 77 Ohio St.3d 1215 671 N.E.2d
1277.)
6. The rules of Practice of the Supreme Court of Ohio, Rule X, Section 9 provides
an expedited process for review of election inatters, such as the matters involved
herein.
2 Il9 FACTS COMMON TO ALL COUNTS
7. Pursuant to Ohio Revised Code Section 3501.07, Relator on or about January 29,
2008, unanimously recommended the appointment of Alex R Arshinkoff as a
member of the Summit County, Ohio Board of Elections for a full term
conunencing March 1, 2008, to said Respondent Brunner (A copy of.said
recommendation is attached hereto as Exhibit A and incorporated herein as if
fully rewritten.)
8. By letter dated February 20, 2008, Brunner arbitrarily and without valid reason
rejected said recommendation. (A copy of said letter is attached hereto as Exhibit
B and is incorporated herein as if fully rewritten.)
9. Relator called a meeting of its members on Tuesday, February 26, 2008 to review
Brunner's letter and to decide upon a course of action.
10. Relator on about February 26, 2008, by a vote of 56 to 1, recommended the
appointment of Brian K. Daley as a member of the Summit County, Ohio Board
of Elections for a full term commencing March 1, 2008, Respondent Brunner,
consistent with Ohio Revised Code 3501.07 (A copy of said recommendation is
attached hereto as Exhibit C and is incorporated herein as if fully rewritten.)
11. The recommended appointee, Mr. Brian K. Daley, is more than competent and
qualified to serve on the Summit County Board or Elections. Brian Daley is a
graduate of Northeastern University (1965), a former Certified Internal Auditor,
and the retired Director-Finance, TRW Steering Wheel Systems, N.A.. Mr. Daley
was elected to and served on the Hudson City Council for four years, including
3 116 two years as Council President. A copy of Brian K. Daley's resume is attached as
Exhibit 0 hereto and is fully incorporated herein.
12. By 1 etter dated February 29, 2008, and transnutted via email at 8:37 pm on
February 29, 2008, Brunner arbitrarily and without valid reasons rejected said
recommendation. (A copy of said letter is attached hereto as Exhibit D and
incorporated herein as if fully rewritten.)
13. A press release concerning said letter was released by State Senator Kevin
Coughlin over one hour urior to the notification of Relator, Mr. Brian Daley or the
general public concerning Brunner's rejection of Mr. Brian Daley's appointment
(See Akron Beacon Journal Article regarding same attached as Exhibit E hereto
and fully incorporated herein.)
14. Brunner asserted two alleged reasons for rejecting Brian Daley's recommendation
based on untrue, unsworn, unverified and unsubstantiated allegations and a
newspaper editorial endorsement for a prior unrelated City Council election.
15. Brunner has rejected Brian Daley's recommendation on mere suspicion, rank
hearsay, and personal opinions, not verified factual evidence.
16. Brunner did not seek a response to these unfounded allegations from either Alex
R. Arshinkoff, as Chairman of the Summit County Republican Party Executive
Committee, Brian K. Daley, the recommended appointee, or Jack Morrison, Jr., a
Republican member of the Summit County Board of Elections. (See affidavits
from Brian K. Daley, Alex K. Arshinkoff and Jack Morrison, Jr. attached hereto
as Exhibits F to H respectively and incorporated herein as if fully rewritten.)
4 1 gI 17. Brunner provided the Summit GOP Executive Committee no opportunity to
exercise its rights under Ohio Revised Code 3501.07 with respect to
recommending another individual elector for the Sunnnit County Board of
Elections or filing a mandamus action before Brunner appointed another person,
who was not recommended by the Sununit County GOP Executive Committee, to
the Board of Elections position.
18. Brunner's decision to reject the recommendation was based on unfounded
allegations with no response sought from or afforded to the Summit GOP
Executive Comniittee or the recommended appointee.
19. Brian K. Daley is a duly qualified elector and member of the Republican Party of
Summit County is of good character, and is competent to serve as a member of
the Summit County Board of Elections (See affidavits of John W. Jeffers, Exhibit
I; John V. Frank, Exhibit J; Eugene Wyatt, Exhibit K; David Burke, Exhibit L;
George Janik., Exhibit M; and Elsie Thomas, Exhibit N, all incorporated herein as
if fully rewritten.)
COUNT I (Mandamus - Brian K. Daley)
20. The verified allcgations stated in paragraphs 1-19 above are incorporated as if
fully rewritten herein.
21. Brunner's so-called reasons for stating that Brian Daley is not competent to be a
member of the Summit County Ohio Board of Elections constitute nothing more
than mere suspicion, and are arbitrary and capricious, are not supported by
credible evidence, constitute an abuse of discretion, and are insufficient as a
matter of law to allow Brunner to refuse to appoint Brian Daley to the Summit
5 111 County Board of elections pursuant to O.R.C Section 3501.07. (See State Ex Rel.
Cuvahoga County Democratic Party Executive Committee v. Taft, Secretary of
State (1993), 67 Ohio St.3d 1.)
22. Ohio Revised Code Section 3501.07 mandates and requires that Respondent,
Branner, appoint the elector recommended by the political party executive
committee unless Respondent finds "that the elector would not be a competent
member of such board."
23. As demonstrated by Brian Daley's ample qualifications attached as Exhibit 0
hereto and made a part hereof (including his experience as a Director of Finance
for a division of TRW, Inc.), Brian Daley is comu e tent and extremely qualified to
serve on the Summit County Board of Elections.
24. Branner's denial of Mr. Daley's appointment is based solelv on (a) a newspaper
editorial from a nr ior election in 2007, which is totally unrelated to the issue of
Mr. Daley's competence to serve on the Summit County Board of Elections in
2008 as recommended by the Summit GOP Executive Committee, and (b) a letter
fi•om an obvious political rival, with an apparent personal grudge against Mr.
Daley, that is nothing more than the unsubstantiated personal views and hearsay
comments of an individual who obviously has personal issues with Brian K.
Daley. Neither of these documents have been verified, sworn to or submitted
under oath and both of these documents fail to address Brian K. Daley's personal
competence to serve on the Summit County Board of Elections.
6 183 25. By her own admission (See Exhibit D hereto at P. 3¶ 1), Brunner has refused to
appoint Brian Daley to the Summit County Board of Elections because of her
suspicion or perception of his "temperament", not his competence.
26. Under O.R.C. Section 3501.07, the Secretary of State has no legal authority to
decline to appoint the recommended appointee of a county party executive
committee for a position on a county elections board on the basis of
"temperament "
27. Under O.R.C. Section 3501.07, Brunner is without legal authority to deny the
appointment of, and has a statutory legal duty to appoint, the individual
recommended by the Summit County GOP Executive Committee to the Summit
County Board of Elections if that recommended appointee is competent.
28. Brian K. Daley, recommended by a 56-1 vote of the Summit GOP Executive
Committee, is competent to serve on the Summit County Board of Elections as so
recommended.
29. Under O.R.C. 3501.07, Brunner has a legal duty to appoint Brian K. Daley to the
Summit County Board of Elections, (State Ex Rel. Cuvahoga Democratic Party
Executive Committee v. Taft, Secretary ofState (1993), 67 Ohio St.3d 1).
30. Brunner has failed to perform and has refused to perform her legal duty to appoint
Brian K. Daley to the Sununit County Board of Elections and Brunner has
attempted to frustrate that legal duty by appointing someone else, who was not
recommended by the Summit GOP Executive Committee, to that position before
the Summit GOP Executive Committee could seek mandamus pursuant to O.R.C.
Section 3501.07.
7 1$4 31. Relator Summit County GOP Executive Committee has no other adequate remedy
at law because (a) Relator's statutory remedy at law under O.R.C. Section
3501.07 is a mandamus action, and (b) given that the Summit County Board of
Elections intends to conduct its re-organizational or organizational meeting on
March 5, 2008 and Donald Varian, the unlawful appointee of Brunner intends to
participate as a member of the Elections Board at that meeting, no other remedy
would be sufficiently speedy or effective and the denial of the requested writ will
result in injury for which no other adequate remedy exists in the ordinary course
of law. (State ex rel. Bradv V. Blackwell (2006), 112 Ohio St.3d 1)
32. Under these circumstances Relator is entitled to a writ of mandamus, pursuant to
O.R.C. 3501.07, mandating and directing that Brunner appoint the competent
Brian Daley to the Summit County Board of Elections as overwhelmingly
recommended by the Summit GOP Executive Committee.
COUNTII (Mandamus -Donald Varian)
33. The verified allegations stated in paragraphs 1-32 above are incorporated as if
fully rewritten herein.
34. Under O.R.C. Section 3501.07, Brumier has a legal duty to solicit and obtain the
recommendation of the Sunnnit GOP Executive Conunittee for all appointees to
the Summit County Board of Elections.
35. Under O.R.C. Section 3501.07, Brunner has no legal authority to appoint
someone other than the Sununit GOP Executive Connnittee's recoinmended
appointee Brian Daley to the Summit County Board of Elections until Brunner
has provided written notice of her reasons for not appointing Mr. Daley and
8 - 45 provides the Summit County GOP Executive Committee with the opportunity to
either recommend another elector or apply to this Court for a writ of mandamus.
36. In this case, Brunner has violated her legal duty under O.R.C. Section 3501.07 as
discussed in paragraph 35 above by announcing the appointment of Donald
Varian to the Summit County Board of Elections before providing the Summit
GOP Executive Committee with the opportunity to exercise the Committee's
statutory rights to recommend another elector or maintain and adjudicate a
mandamus action.
37. Under O.R.C. Section 3501.07, Brunner has no legal authority to appoint a person
to a local county board of elections unless the local county party executive
committee fails to recoinmend an elector as provided in Section 3501.07 or has
unsuccessfully adjudicated a mandamus action.
38. The Summit GOP Executive Committee has made a recommendation in this case,
in fact, two recommendations; therefore, Brunner is precluded from unilaterally
appointing Donald Varian to the Board of Elections.
39. Brunner has a legal duty not to appoint Donald Varian to the Board of Elections
since such appointment violates O.R.C. Section 3501.07 and Brunner has a legal
duty not to violate Ohio Elections Laws.
40. Brunner has not asked for or received the recommendation of Donald Varian for
the position of the Summit County Board of Elections from the Surmnit GOP
Executive Committee.
41. Brunner has breached her statutory duty requiring a recommendation of an
appointee to the board of elections by the Sunnnit GOP Executive Committee and
9 114 has circumvented that duty by unilaterally attempting to appoint Donald Varian
without providing the Summit GOP Executive Committee with the opportunity to
make another recommendation after Brunner arbitrarily, and without valid reason
rejected the Summit GOP Executive Committee's recommendation of Brian
Daley, a competent elector, for that appointment.
42. Brunner has breached and is attempting to breach her statutory duty to seek and
obtain the recommendation of the Summit GOP Executive Committee before
appointing Donald Varian to the Summit County Board of Elections.
43. Pursuant to O.R.C. Section 3501.07, Brunner is without legal authority to make
unilateral appointments to the Summit County Board of Elections and Brunner
has a legal duty to comply with O.R.C. 3501.07.
44. Relator is entitled to a writ of mandamus mandating and requiring that Brunner
provide the Summit County GOP Executive Committee with the opportunity to
make another reconnnendation for the Board of Elections or to pursue and
complete this mandamus action before Brunner can lawfully appoint Donald
Varian or any other person to the Summit County Board of Elections.
COUNT III (Prohibition)
45. The verified allegations stated in paragraphs 1-44 above are incorporated as if
fully rewritten herein.
46. By appointing Donald Varian without providing Relator with its statutory right to
challenge Brunner's denial of Brian K. Daley recommended appointment by
filing a mandamus action, Brunner has unlawfully exercised quasi-judicial power
and has unsurped this Honorable Court's authority to exercise its judicial power.
10 ( ^1 47. Brunner's exercise of such power is unauthorized by law, especially since
Brunner's exercise of that power contravenes O.R.C. Section 3501.07.
48. Given the scheduled, March 5, 2008 reorganizationor a organizational meeting for
the Summit County Board of Elections and Donald Varian's apparent
participation at that meeting pursuant to Brunner's unlawful appointment of Mr.
Varian, denying a writ of prohibition precluding Brunner's unlawful and ultra
vires appointment of Donald Varian will result in injury to Relator fOR which no
other remedy exists in the ordinary course of law.
49. Relator, Summit GOP Executive Committee is entitled to a writ of prohibifion
against Brunner (a) prohibiting and precluding Brunner from appointing Donald
Varian or any other person to the Summit county Board of Elections until this
mandamus action has been completed, and (b) invalidating any such appointment
allegedly made prior to the filing of this action.
COUNT IV (Other Writ)
50. The verified allegations stated in paragraphs 1-49 above are incorporated as if
fully rewritten herein.
51. Ohio Revised Code Section 2503.40 authorizes this Court to issue, in addition to
the original jurisdiction conferred by Section 2, Article IV of the Ohio
Constitution, "writs of supersede as in any case, and other writs not specifically
provided for and not prohibited by law, when necessary to enforce the
administration of justice." (Smith v. Granville Twp. Bd. ofTrus•tees (1996), 77
Ohio St.3d 1215)
I1 lit 52. Given the scheduled March 5, 2008 reorganization of the Sunnnit County Board
of Elections and the apparent intention of Brunner to allow her unlawful
appointee, Donald Varian, to participate as a member of the Board. Relator
Summit GOP Executive Committee seeks a writ directing that Brunner withdraw
her unlawful appointment of Mr. Varian until Relator can complete this statutorily
permitted mandamus action as said writ is "necessary to enforce the
administration of justice."
53. The writ requested from this Court in this action is not specifically provided for or
specifically prohibited by law.
54. Relator, Summit GOP Executive Committee, is entitled to a special writ as
described in paragraph 49 above.
COUNT V (Alternate Writs)
55. The verified allegations stated in paragraphs 1-54 above are incorporated as if
fully rewritten herein.
56. Given the unique time constraints arising from the scheduled March 5, 2008
reorganizational or organizational meeting of the Summit County Board of
Elections and Brunner's unlawful appointment of Mr. Varian to participate at that
meeting, Relator, Summit County GOP Executive Committee is entitled to such
alternate writs as necessary to prevent, prohibit, and preclude Brunner from
appointing or allowing Donald Varian to serve as a member of the Summit
County Board of Elections at the March 5, 2008 meeting and until this action has
been fully adjudicated in this Honorable Court.
12 lql PRAYER FOR RELIEF
WHEREFORE, Relator, Summit GOP Executive Committee prays for relief as follows:
A. On Count I, issuance of a peremptory writ of mandamus mandating and directing
that Respondent Brunner approve and appoint Brian K. Daley to the Summit
County Board of Elections as recommended by Relator.
B. On Count II, issuance Of a peremptory writ of mandamus mandating and
directing that Respondent Brunner reject the appointment or approval of Donald
Varian to serve on the Summit County Board of Elections prior to the completion
of this action.
C. On Count III, issuance of a peremptory writ of prohibition prohibiting Respondent
Brunner from appointing Donald Varian to serve on the Sununit County Board of
Elections prior to the completion of this action, and thereafter upon the issuance
of a writ of mandamus by this Court pursuant to paragraph A above.
D. On Count IV, issuance of a peremptory other writ, including an emergency other
writ, precluding Respondent's Brunner's appointment of Donald Varian to the
Summit County Board of Elections and staying said appointment until this action
has been fully adjudicated by this Court.
E. On Count V, an alternative writ, including, without limitation, an alternative
emergency writ, finding Respondent Brunner without legal authority (i) to reject
the appointment of the competent Brian K. Daley to the Summit County Board of
Elections as recommended by the Summit GOP Executive Comnuttee and (ii) to
appoint and allow Donald Varian, who has not been recommended by the Summit
13 qb County GOP Executive Committee to serve on the Summit County Board of
Elections before the Summit GOP Executive Connnittee had the opportunity to
reconnnend another elector or complete this statutory mandamus action.
F. Such other relief as this Court deems equitable, necessary, proper or just.
Respectfully submitted, ,
Grendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Qhio 0 147
By: ^ TIMOTHY (#0005827) Phone No.: (440) 746-9600 Fax No.: (330) 659-2278 E-mail: [email protected]
14 lRi VERIFICATION
I, Alex R. Arshinkoff, having been duly sworn, state and depose, based on my own personal knowledge of the facts, that all of the allegations contained in the Petition to which this
Verification is attached are true and correct and that all of the Exhibits attached to the Petition are true and correct to the best of my knowledge.
Alex R. Arshinkoff
Sworn to and subscribed before me by Alex R. Arshinkoff on this 3rd day of March,
2008.
JAMES S. SIMON, Pltwnsy-At-lav; tdot®ry public - State d Ohio My (;omrnrBSion has no exair.Mson date Soc.147.09 sd.C.
Iq2 CERTIFICATE OF SERVICE
A copy the verified petition has been hand delivered to the Respondent and the
Office of the Ohio Attorney General on March 4, 2008. Relator also requests a copy be served on the Respondent by this Court according to its procedures for such service.
y"o Timothy J. Or ndell Attorney for Relator
15 ia3 ^A "Wh SUMMIT COUNTY REPUBLICAN PARTY
Central Committee Officers
Jonathan T. Pavloff Cbairatan January 30, 2008 Joseph Masich :.reclriive Vice Cbairnlall Kurt Laubinger Vice Cbairalitlt Secretary of State's Office - Elections Division Attn: Myra Hawkins Madge Doerler Vice Clmirataal P.O. Box 2828
Les Knight Columbusy OH 43216 ViCe C1llli771la1i Joyce Stull Dear Ms. Hawkins; Vice Cluiirn:alt
Robert F. Linton The Summit County Republican Executive Committee acted upon the Secretaly recommendation for the appointment of inemberto the Summit County Board of Tammy M. Erickson Assistalat Secretaly Elections-ata regularly called meeting of such committee held on Tuesday, January 29, 2008, at the Summit County Republican Headquarters, 520 South Main Street, James S. Sinion Treasurer Suite 2437, Akron, Ohio.
Executive Herewith, we submit the recommendation of Alex R. Arshinkoff for appointment of Committee Officers member to the Summit County Board of Elections, for the four-year term beginning March 1, 2008 and a copy of the resolution authorizing such authorizing such Alex R. Arshinkoff Cbairalrul recommendation. Bryan C. Williams 4xecative Vice Cbairnlalr Sincerely yours,
Dr. \`'illiam Demas Vice Cbairatall Carol Curtis Vice Cbairamll `_i 11 h('d
Deidre Hanlon Alex R. Arshinkoff, Ch'airrnan Mr:7ack Morrison, Ir. , Secretary Vice Cbairllratt Republican Executive Committee Republican Executive Committee Paul Swanson Vice Cbairnran Jack Morristrn Jr. Selretar.y
Stevxn7Coisaws .Assistant:dleumtayr
,ou!.^:^ ^.. 1111- iql
FX'f41Fta7- A Questiunnaire for Prospective Appointment as a Member of the ' su,t-ni t County Board of Elections
(Pleese return YOUR RESUME whh your completed form, unlas you ere being rcappomted to the Bnartl)
FuuName(pimsepdmr- Alexander R. Arshinkoff Date: 1-29-08
Present Home Addrass: 466 West Streetsboh(D Streetciry: Hudson 44.236. 330-650-5055 Zip Code Home telephone number E-mait address
Date of Birth: 1 2- 31 - 5 4 ,qpases or Maiden Name: None Driver'suoenseNumber RT 806634. 8W293-52-4757
Previous addresses in past ten years (include years of.,residehce, dty &state) 466 West Streetsboro Street Hudson, OH 44236
Business Address: 520 South Main Strett #2437 Ciry Akron 44311 ChairTtan 330-434-9151 Zip Code OocupafWn Business telephone number
WMn arwrwring e»tnllwingquaeeons, Piaa%e a6wh tltlleooal eneeta x neeoeary.
7. Are you currently holding any elected offlde9 q Yas )D No Ii yes, please Idenfify.
2 Are you cum:ntly holding any appointed office for which . q Yes No ~you must subsequently be elected7 If yes, please identffy.
3. Have you ever been convicted of a misderrieanoror felony? If yes, give details of convictlon' what, when and where. q Yes XD No
4. Are there any dreumstences which might present a conflict of tnterest with the administrative duties of a member of the board of elections7 (see endosed ethies policy, Diredive #2067-35) If yes, please identify. q Yes No
5. Please desaribe any employment or interests in contracts you have had.vAth the boardof eleotionswtthin the last 24 months. None
6. Have you ever been requlred, as a candidate or campaign treasumr, to file a campaign finance report vAth any board of efections or the Secretary of State? q Yes )p No
7. Has a campaign in which you wereinvdved as a candidate or treesurer ever been fhe subject of a referral or complaint to the Ohio Elections Commission? If yes, please explain. q Yes No
Sianature
Send tc: Secrerarv of 9tatE s QRic_: Aaennon: Mv2 Hawicin: P O Bcc 292'0. Coiumou;. OH 432i(
I Q5 RESOLUTION
BE IT RESOLVED, by the Summit County Republican Executive Committee, that Alex R. Arshinkoff, an elector qualified and competent to perform the duties of such office, be and he is hereby recommended for appointment as a Member of the Board of Elections for Summit County, Ohio for the term beginning March 1, 2008 and ending February 29, 2012.
BE IT FURTHER RESOLVED: that the Chairman and Secretary of said Executive Committee, be and they are hereby authorized and instructed to send to the Secretary of State a certification of the action taken by said Executive Committee; and said Alex R.. Arshinkoff is an elector qualified and competent to perform the duties of such office; and that this resolution was passed at a meeting of said Executive Conunittee by a majority vote of members therof.
Akron, Ohio, January 29, 2008
I hereby certifythat the foregoing is a true and correct copy of the Resolution passed by the Summit County Republican Executive Committee on January 29, 2008.
Alex R. Arshinkoff Jack Morrison, Jr. Chairman, Republican Executive Committee Secretary, Republican Executive Committee Summit County, Ohio Summit County, Ohio
lR4 IN THE SUPREME COURT OF OH1O
THE STATE OF OH[O EX. REL. CASE NUMBER: 08-0478 SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE
RELATOR,
vs.
JENNIFER BRUNNER OHIO SECRETARY OF STATE
RESPONDENT.
RELATOR'S EVIDENCE VOLUME 18
TIMOTHY J. GRENDELL (#0005827) Grendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Ohio 44147 Phone No.: (440) 746-9600 Fax No.: (330) 659-2278 E-mail: ArendellandsimonPyahoo.com
COUNSEL FOR RELATOR SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE
CLERK OF CQUN7 SUPREMC: CUUC;T OF OHIO Recommendation for Full Term Appointment of Member of Board of Elections (For unexpired term use Form tf 301)
StrTmi t County
Akron Ohio7anuarv 29 2008,
The undersigned Chairperson and Secretary of the q Dem. '13 Rep. Party Executive Cornmittee of
sun-nit County, Ohio; do hereby certify that at a meeting of said Executive Commiltee,
heid on the 29th day of January , 20:-08 it was resotved by a majority vote of the members thereof that Mr. Poiiticaf Party Affiliation q Mrs. q Dem. q Ms. Alexander Ray Arshinkoff ^ Rep. Birthdate 1 2-31-54
466::a StrpptGhorn StraPi- Sfraet and Numberur Rural Rnne
Hudson, Ohio 44236 Gty or VlAege Zip Code
Residence Telephone: 33 0- 65 0- 5 0 55
Office Telephone: 330-434-91 51
who is an elector qualified and competent to perform the duties of such office, be and is hereby recommended
for appointment as a member of the Board of Elections for said county for the full term begirtning March 1,
2008 and ending February 29, 2012.
Cnairpersbn Alex R. Ars2/,^ink The address of the Chairperaon and Secretary must be provided. 520 South Main Street, Suite Addreas2437 Akron Ohio 44311 Send to: Secretary of State's Office - Elections Div. Attn: Myra Hawkins P. O. Box 2828 Secretary Jack Morrsson Jr. , Columbus, OH 43216 520 South Main Street, Suite Addres5 2437 Akron Ohio 44311
l4l Alex R. Arshinkoff 466 West Streetsboro Street Hudson, Ohio 44236 (330) 650-5055
Emaloyment
6/27/78 - Present Chairman, Summit County Republican Executive Committee
12/78 - Present Member and Past Chainnan, Summit County Board of Elections
11/94 - Present President, Arshinkoff and Associates
1983 - 2006 Seibert-Keck Insurance Agency, Licensed Insurance Agent and Broker, Fairlawn, Ohio
Political Activities
2006 Co-Chairman of the Blackwell for Governor Committee
2006 Senior Advisor to the Betty Montgomery Campaign
2004 Member of the Electoral College representing Ohio's 14th Congressional District
2004 Delegate at Large: Republican National Convention
2003 - 2004 Member, National Finance Committee, Bush-Cheney `04
2001 Member of the Electoral College representing Ohio's 14rh Congressional District
2000 Delegate-At-Large: Republican National Convention
1999 - 2000 Member, National Finance Committee, Bush for President
1995 - 2002 Chairman, Ohio DeWine for Senate Committee
1996 Vice Chairman of the Ohio Delegationand Delegate to the 1996 Republican National Convention
1995 Chairman: The 1995 Ohio Gubernatorial Inaugural Committee
6/92-5/95 Chairnan: Ohio Voinovich for Governor Committee
2/91-6/92 Chairman: Ohio Voinovich/DeWine Committee
1988 -2004 Member, Ohio Republican State Central and Executive Committee
I qa Political Activities-Continued
1992 Member, George Bush for President, Ohio Steering Committee
1988 Member, George Bush for President, National Steering Committee
Member, George Bush for President, Ohio Steering Committee
Northeast Ohio Chairman, George Bush for President Committee
1985-1987 Member, National Steering Committee Fund.for America's Future
1992 Delegate-at-Large, Republican National Convention
Secretary and Member (Representing Ohio), Committee on Permanent Organization, Republican National Convention
1988 Delegate-at-Large, Republican National Convention
1984 Delegate, Republican National Convention
Member (Representing Ohio), Committee on Credentials, Republican National Convention
1976: Alternate Delegate, Republican National Convention
1974-1988 Delegate to all State Republican Conventions
1974-1978 Vice Chairman, Summit County Republican Executive Committee
1974-Present Member, Summit County Republican Executive Committee
1974-Present Member, Summit County Republican Central Committee
Civic, Community, Club Affiliations and Activities
1997 to 2001 Chairman, The University of Akron Board of Trustees
1996 to 1997 Vice Chairman, The University of Akron Board of Trustees
1992 - 2001 Member, University of Akron Board of Trustees
Present Member, Association of Ohio Commodores
Present Member, University of Akron Ray C. Bliss and Ellen P. Bliss Scholarship Committee
Member, Phi Kappa Tau Fraternity
Pas' President. Akron Fratenial Iiomeholdimr Board of Trustees
I 4Q Civic, Community, Club Affiliations and Activities - Continued
Member, University of Akron Alumni Association-Hilltoppers
32"d Degree Mason, Shriner
Member, Downtown Kiwanis Club of Akron
Member, Portage Country Club
Awards and Honors
2001 Awarded Doctor of Humane Letters Degree, University of Akron 1994 Awarded the Ray C. Bliss Outstanding Alumni Achievement Award from the Alpha Phi Chapter of Phi Kappa Tau
Education
Akron Public Schools Jackson Memorial High School, Massillon, Ohio University of Akron
Personal D.O.B. December 31, 1954 Spouse: Karen Lynn Arshinkoff
2bo Fonn No. 350. Prescribed by the Secretary of State (12-07)
ETHICS POLICY ACKNOWLEDGMENT FORM
To be completed by members and employees of the Ohio boards of elections and employees of the secretary of state. For board of elections members and employees, a copy of this completed form is to be filed with the Secretaty of State's Election's Division. For Secretary of State employees, return the completed form to your supervisor. Directive 2007-35
I Alex R. Arshinkoff hereby acknowledge that I have reviewed the (Printed name of board member or boerd/sos employu) Secretary of State's Ethics Policy and Ohio ethics laws, that I will comply with the same, and that failure to comply with the ethics policy or Ohio ethics laws may result in disciplinary action, which may include dismissal for employees of secretary of state or removal for members and employees of the boards of elections.
(Date signed)
261 OHIO SECRETARY OF STATE
180 East Broad Street, 15fh floor Columbus, Ohio 43215-3726 USA Tel.: 1-614-466-2655 Fax: 1-614-644-0649 www.sos.state.oh.us
February.2o, 2oo8
Alex R. Arshinkoff Chair, Summit County Republican Party Executive Committee 520 South Main Street, Suite 2437 Akron, OH 44311
Dear Chairman Arshinkoff:
You have submitted to me materials on behalf of the Executive Committee of the Summit County Republican Party dated January 29, 2oo8, recommending your own appointment to the Summit County Board of Elections for the full term beginning March i, 2oo8.
It is my duty as chief elections officer for the State of Ohio, and pursuant to R.C. 3501.05, to "appoint all members of boards of elections." Pursuant to R.C. 3501.o6, board members serve "as the secretary's representatives" for a term of four years.
R.C. 3501.07 establishes the process by which the secretary of state makes those appointments: More specifically, R.C. 3501.07 provides that "the county executive committee of the major political party entitled to [an.] appointment may make and file a recommendation with the secretary of state for the appointment of a qualified elector" and further provides:
"The secretary of state shall appoint such elector, unless he [or she] has reason to believe that the elector would not be a competent member of such board. In such cases the secretary of state shall so state in writing to the chairman of such county executive committee, with the reasons therefor."
Regrettably, I have reason to believe that, if appointed, you will not be a competent member of the Summit County Board of Elections. I therefore shall not reappoint you to that board for the new term beginning March i, 20o8. I am required by statute to state my reasons for this decision. Those reasons follow.
I have found the following dictionary definitions of the word "competent:" "answering to all requirements; adequate; sufficient; suitable; capable; legally qualified; fit;" "able to do something well;" "properly or sufficiently qualified; capable;" "adequate for the purpose;" and "having requisite or adequate ability or qualities."
WZ ^Xff/13^1 B The boards of elections are charged by statute with a broad range of duties. Among other responsibilities R.C. 3501.11 requires that boards do the following:
• appoint and remove the director, deputy director, and employees and all registrars, judges, and other officers of elections, fill vacancies. (R.C. 35oi.ir(D));
• make and issue rules and instructions, not inconsistent with law or the rules, directives or advisories issued by the secretary of state, as it considers necessary for the guidance of elections officers and voters (R.C. 3501.ii(E));
• investigate irregularities, nonperformance of duties, or violations of Title 35 of the Revised Code by election officers and other persons; (R.C. 35oi.ir(J));
I am aware of substantial written evidence concerning your past performance as a member of the Summit County Board of Elections that leads to the unavoidable conclusion that you are either unable or unwiIling to competently perform these and other board duties and have not demonstrated a temperament suited to competent service as a board of elections member. Past and current Summit County board employees and other officials have reported to me incidents attributing to you behavior characterized as harassment, intimidation, threats, hostility, retribution and condescension in your role as a board member, either directly or indirectly. Credible claims indicate that you have berated staff and created a hostile work environment in which board employees have endured coercion if not outright threats. One employee has described the Summit County Board of Elections as having "the most negative, back- biting, unprofessional, juvenile and hypocritical atmosphere I have ever worked in" and attributes that environment to you.
Moreover, while it is true that our election system does contemplate a certain degree of healthy partisanship to ensure a robust check and balance and fairness in the administration of elections, it is also true that there are boundaries to the acceptable exercise of partisanship by board members, especially inthe performance of their duties and especially as it affects the supervision of board employees. Overt political activity must be left outside the doors of the boards of elections. Only then will the public have confidence that elections in the county are free, fair, open and honest. Credible complaints indicate that you have fostered an overall partisan climate at the board where Republican board employees have been intimidated from even talking to fellow board employees who are Democrats. Employees report being asked to engage in inappropriate partisan political activity, such as recruiting precinct committee persons from the board office during the workday and preparing petitions for them. Some of these reports, if true, approach or cross the limits of legality. In your role as a member of the board, it is inappropriate that such irregularities be fostered or even tolerated, when it is incumbent on you as a member of the board to investigate irregularities and issue guidance for elections officers and voters.
In addition, I have further reviewed three affidavits prepared and signed by individuals who have served as judges of the Common Pleas Court of Summit County. These affiants have testified under oath that you attempted to interfere with the discharge of their official judicial duties and attempted to intimidate them. While these alleged actions maybe more in the capacity of Republican county party chairman, it reflects poorly on your fitness to serve as a member of the Summit County Board of Elections and cannot be ignored, as these judges maintain candidacies every six years over which you have
Zo3 election jurisdiction as a member of the Summit County Board of Elections. These affidavits lend strong evidence that you have engaged in conduct that jeopardizes the faith the public has in the fair conduct of elections, impugning your competence to continue as a member of the Summit County Board of Elections.
In view of these and other examples of your past conduct as a board member, I conclude that there are substantiated reasons to support my conclusion that you are not fit, suitable, adequate, or qualified, i.e., competent, to continue in that position. I therefore decline to accept your nomination for a new four-year term to the Summit County Board of Elections.
Pursuant to R.C. 3501.07, the Executive Committee of the Republican Party of Summit County may submit a recommendation of another elector for appointment to the Summit County Board of Elections. If the Committee chooses to submit to me a new recommendation it should do so by close of business on February 29, 2oo8, as the law contemplates that I make regular board appointments "[o]n the first day of March in even-numbered years."
Sincerely,
p,^,^ &._ lJJennifer` Brunner
cc: Jack Morrison Jr., Secretary, Summit County Republican Party Executive Committee
204 SUMMIT COUNTY REPUBLICAN PARTY
Central Committee Officers
Jonathan T. Pavloff Cbaiiynan February 26, 2008 Joseph Masich E.vecrttive Vice CbaErman KurtLaubinger Vice Cliatrnean Secretary of State's Office - Elections Division Attn: Myrq Hawkins Madge Doerler Vice Cbatrman P.O. Box 2828 Les Knight Columbus, OH 43216 Vice Cbatrinan
Joyce Stull Dear Ms. Hawkins; Vice Clralrntnn
Robert F. Linton The Summit County Republican Executive Committee acted upon the Secretaty recommendation for the appointment of member to the Summit County Board of Tammy M. Erickson Assistant Secretaay Elections at a regularly called meeting of such committee held on Tuesday, February 26, 2008, at the Summit County Republican Headquarters, 520 South Main Street, James S. Simon Treasnrer Suite 2437, Akron, Ohio.
Executive Herewith, we submit the recommendation of Brian K. Daley for appointment of Committee Officers member to the Summit County Board of Elections, for the four-year term beginning March 1, 2008 and a copy of the resolution authorizing such authorizing such Alex R. Arshinkoff Chairman recommendation. Bryan C. Williams Executive Vice Chatrmatt Sincerely yours, Dr. William Demas Vice Chairman Carol Curtis Vice Cbatrman
Deidre Hanlon Alex R. Arshinkoff, Chairman Mr-cKMorrison, J^ecretary Vtce Cbatrman Republican Executive Committee Republican Executi e Committee PaulSwanson Vice Chatrman Jack MorrisonJr• Seeretary :i StgveA 3FotBatps Asststant Seci etary
529 Souih Main Strce: Sutle 24=7 1 Akron, Otiio 4431 T-107: ! 330-434-9151 ' fa;:: 330-434-523.': 2D5 EXkfl/3rT t RESOLUTION
BE IT RESOLVED, by the Summit County Republican Executive Committee, Brian K. Dalev an elector qualified and competent to perform the duties of such office, be and he is hereby recommended for appointment as a Member of the Board of Elections for Summit County, Ohio for the#erm beginning March 1, 2008 and ending February 29, 2012.
BE IT FURTHER RESOLVED: that the Chairman and Secretary of said Executive Committee, be and they are hereby authorized and instructed to send to the Secretary of State a certification of the action taken by said Executive Committee; and said Brian K. Daley is an elector qualified and competent to perform the duties of such office, and that this resolution was passed at a meeting of said Executive Committee by a majority vote of members thereof.
Akron, Ohio, February 26,2008
I hereby certify that the foregoing is a true and correct copy of the Resolution passed by the Sununit County Republican Executive Committee on February 26, 2008.
Alex R. Arshinkoff Jack Moirison, Jr. Chauman, Republican Executive Committee Secretary, Republican Executive Committee Summit County, Ohio _ Summit County, Ohio
2ou Questi onnaire for Prospective Appointment as a Member of the ! Su-n-nit County Board of Elections
IPlease returh YOUR RESUMEwtth your completed fonn, unrassyou am being reappolnted to the aoard)
FuilName(pieesepme: Rrian x ilala:iz Date: 2-26-08 Present Home Address: 119 South Main Street City: Hudson O36.. 300-342-1115 [email protected] de Home telephone number E-mail address
DateofBlrth:09-02-41 AliasesorMeldenName: None bdversLicenseNumber. RN558421 SS# 010-32-3109
Previous addresses in past ten years (include years of residence, city & state) 132.South Main Sti'ett Hudson Ohio 44236
Business Address: None Clty:
Zip Code Occupation Business telephone number
When enswedna 1ha foaewing 9uestkn; pleaee anech addM{enal sheets as necessary.
I. Are you currenth/holding any elected oifce? q Yes 50 No If yes, please identify.
2. Are you currently holding any appointed office for which q Yes ix No you must subsequently be elected? If yes, please Identify.
3. Have you ever been convicted of a misdemeanor or felony? If yes, give details of conviction: what, when and where. q Yes IR No
4. Are there any circumstances which might presenta conflict of interest with the administratlve duties of a member of the board of elections? (see enclosed ethics policy, Dirediveif2007-35) If yes, please identify. q Yes JP No
5. Please describe any employment or interests in contracts you have had with the board of elections wHhin the last 24 months. None ...
6. Have you ever.been required, as a candidate or campaign treasurer, to file a campaign finance report with any board ofelections or the Secretary of State? P Yes q No
7. Has a campaign in which you were involved as a candidate or treasurer ever been the subject of a referral or cemplaim to the Ohio Elections Commission? If yes, please explain. q Yes 0 No
Signature: Date 2-26-2008
Send to: Secretary of State's Office Altention; Myra Hawkins G O Bor 2828. Columbus. OH 4321E
20`I Form N6.300 (12-07) Recommendation for Fufl Term Appointment of Member of Board of Elections (For uneapired term use Forrq # 301)
Sun-nit Coutlty
Akron Ohio February 26 , 20 08.
The undersigned Chairperson and Secretary of the 0 Dem. ^ Rep. Party Executive Committee of
G, nn; County, Ohio, do hereby cerfify that at a meeting of said Executive Committee,
held on the 26th day of February , 200R , it was resolved by a majodty vote of the members thereof that 12 Mr. -Political Party Affiliation • Mrs. p Dem: p Ms. Brian K. Daley Rep. Birthdate . 09-02-41
132 South Main Street Street antl Numberm Rural Roule Hudson Ohio 44236
cityorvalage ZlpCode
Residence Tetephone: 3 3 0- 3 4 2-1 1 1 5
Office Telephone:
who is an elector qualified and competent to perform the duties of such office, be and is hereby recommended
for appointment as a member of the Board of Elections for said county for the full term beginning March 1,
2008 and ending February 29, 2012.
Chairperson Alex R. Arshinkoff Tho address of the Chairperson and Secretary must be provided. 520 South MainnStreet Akron Ohio 44 Address 44311 Suite 2437 Send to: Secretary of State's Office - Elections Div. Attn: Myra Hawkins P. 0. Box 2828 Goiumbus, OH 43216 520 South Main Street Akron Ohio Address 44311 Suite 2437
2b$ Form No. 350. Prescribed by the Secretary of State (12-07)
ETHICS POLICY ACKNOWLEDGMENT FORM To be completed by members and employees of the Ohio boards of elections and employees of the secretary of state. For board of elections members and employees, a copy of this completed form is to be filed with the Secretary of State's Election's Division. For Secretary of State employees, returq the completed form to your supervisior. Directive 2007-35
I Brian K. Da1ev hereby acknowledge that I have reviewed the (Printed mmme of board member or boardlsos employee) Secretary of State's Ethics Policy and Ohio ethics laws, that I will comply with the same, and that failure to comply with the ethics policy or Ohio ethics laws may result in disciplinary action, which may include dismissal for employees of secretary of state or removal for members and employees of the boards of elections.
(Si e of 6oerd member or oardfsos e ployee) (Date signrd)
2oq Brian K. Daley 132 S. Main Street Hudson, OH 44236 (330) 342-1115
1987 TRW Inc., Cleveland, OH to $10 billion automotive and space & defense conglomerate 1998 Director-Finance TRW Steering Wheel Systems, N.A. (1996-1997). Responsible for all financial and MIS functions of TRW's North American steering wheel operations, including capital equipment planning and fmancing. Additionally, since January 1998, I worked periodically for TRW, on a consulting basis, on various business acquisition and financial reporting matters.
Manager - Internal Audit (1987-1996). Responsible for managing numerous concurrent audits of TRW's $7.0 billion worldwide automotive operations. Also, during its 1992/1993 automotive sector restructuring, served as project finance director for the divestiture of TRW's non-core businesses in the US and Europe. In this capacity, I worked with investment bankers, tax attorneys and prospective buyers in establishing sales terms and evaluating various financial structuring alternatives to maximize transaction benefits.
1976 BATUS Inc., Louisville, KY to $6.5 billion subsidiary of British American Tobacco U.K., Ltd. 1987 with interests in retail, tobacco and paper
Controller Gimbel's Department Stores ( 1986-1987). A $500 million retailer with 20 department stores in the New York and Philadelphia areas.
Director - Corporate Audit, BATUS ( 1983-1985). Directed the central audit function, comprised of 32 professionals, in financial, operational and EDP audits and was functionally responsible for an additional 38 auditors at operating companies.
Asst. Controller - Brown & Williamson Tobacco Company (1976-1983). Established and directed comprehensive audit program for all domestic and international operations. Expanded audit scope to include advertising agencies, sales promotion, market research, transportation and manufacturing. Also, directed risk management department and was responsible for special financial analysis of major capital projects.
21b Brian K. Daley - pg. 2
1973 Seeburg Industries, Inc., New York, NY to Major manufacturer and marketer of leisure time devises and consumer products. 1976 Audit Director. Seebure Industries, Inc. Responsible for intemal audit activities of the company's manufacturing and distribution operations. Controller, Seebura Products Division Responsible for all accounting and financial reporting functions of the division.
1971 Howard Johnson Company, Braintree, MA to A leading motor lodge and restaurant chain. 1973 Served as Audit Manager, and later as Motor Lodge Division Controller
1966 General Electric Company, Lynn, MA and Schenectady, NY to Employed in a variety of fmancial positions while a participant in the 1971 General Electric Company Financial Manaeement Proeram. Joined Corporate Audit Staff upon completion of the program.
Education/Professional
BS in Business Administration (Accounting Major), Northeasterrt University, 1965. General Electric Company - Financial Management Program, 1968. Northwestem University (Kellogg School) - Institute for Management, 1983.
Certified Internal Auditor (CIA), 1972. Kentucky Govemor's Executive Management Commission, 1980. Budget Committee of the Tobacco Institute, Washington, DC, 1983. Board of Directors, National Retail Merchants Association, Audit Group,
2il Brian K. Daley - Supplemental infonnation
• In 1998, retired as Director-Finance, TRW Steering Wheel Systems, N.A.
• Through 2005, worked on a consulting basis in the U.S. and Europe, for three large corporations., This work was in the areas of mergers and acquisitions, controllership, financial reporting and auditing.
Served on Hudson City Council from December of 2003 until December 2007; the last two years as Council president.
• Married, three children and five grandchildren
212 JENNIFER BRUNNER OH10 SEcRETARY OF STA7E 190 East Broad Street, 15`" floor Columbus, Ohto 43215-3726 USA Tel.: 1-614-466-2655 Fax: 1-614-644-0649 www.sos.state.oh.us
Via electronic rrtail and regular U.S. mail
February 29, 2008
Alex R. Arshinkoff Chair, Summit County Republican Party Executive Committee 520 South Main Street, Suite 2437 Akron, OH 44311
Dear Chairman Arshinkoff:
I have received from you a recommendation for the full term appointment of Brian K. Daley to the Summit County Board of Elections for the term beginning March 1, 2oo8. The recommendation, dated February 26, 2oo8, was sent to my office by you in your capacity as Chairperson of the Executive Committee of the Summit County Republican Party. Because I believe there is reason to believe that Mr. Daley would not be a competent member of the Board, as outlined in my reasons below, I will not appoint him to the Suinmit County Board of Elections.
Yesterday I received a letter dated February 28, 2008 from Scott W. Sigel concerning the process by which the Executive Committee obtained the nomination of Mr. Daley to the Summit County Board. Mr. Sigel's letter is accompanied by a sworn affidavit that indicates the following:
• Mr. Sigel is a member of the Summit County Republican Party Executive Committee. • Mr. Siegel received on February 26 a list of 112 named individuals from the Party in response to a request for the most recent list of members of the Executive Committee. • At the meeting the executive director took a roll call that identified 112 individuals as members of the Executive Committee. • Fifty-four (54) members of the Executive Committee were present at the meeting. • Mr. Siegel raised a point of order at the meeting asserting the lack of a quorum to legally transact business.
In his letter Mr. Sigel states that a quorum did not exist "using any of the set of base figures as to total members." He requests that I"disregard this tainted and legally invalid nomination" and appoint someone "who has the respect, credibility, and independence to carry out their duties [as a Board of Elections member] in a fair, impartial and objective manner."
213 EXl.4 iitf A Letter to Alex Arshinkoff Page 2 of 4
You, your legal representative, and my office have exchanged communications concerning the quorum requirements that the Executive Committee of the Summit County Republican Party must meet in order to conduct its business. You have acknowledged that the Party has neither a written constitution nor written by-laws. It also appears that the Party has followed Roberts' Rules of Order to conduct business in the past and that a quorum under the circumstances would have been a majority of the total number of Executive Committee members. It appears to me that Mr. Sigel may well be correct that a quorum did not exist at the meeting of February z6.
Procedural issues relating to the February 26 meeting, however, are not the reason for my decision to reject the nomination of Mr. Daley to the Summit County Board of 8lections. Rather my decision is compelled by my determination to act in the best interest of the Board and the citizens of Summit County, and to further the overriding goal of assuring public confidence in elections in Ohio.
It is my duty as chief elections officer for the State of Ohio, and pursuant to R.C. 3501.05, to "appoint all members of boards of elections." Pursuant to R.C. 3501.o6, board members serve "as the secretary's representatives" for a term of four years.
R.C. 3501.07 establishes the process by which the secretary of state makes those appointments. More specifically, R.C. 3501.07 provides that "the county executive committee of the major political party entitled to [an] appointment may make and file a reconunendation with the secretary of state for the appointment of a qualified elector" and further provides:
"The secretary of state shall appoint such elector, unless he (or she] has reason to believe that the elector would not be a competent member of such board. In such cases the secretary of state shall so state in writing to the chairman of such county executive committee, with the reasons therefor."
I have found the following dictionary definitions of the word "competent:" "answering to all requirements; adequate; sufficient; suitable; capable; legally qualified; fit;" "able to do something well;" "properly or sufficiently qualified; capable;" "adequate for the purpose;" and "having requisite or adequate ability or qualities."
The boards of elections are charged by statute with a broad range of duties. Among other responsibilities R.C. 3501.11 requires that boards do the follorving-
• appoint and remove the director, deputy director, and employees and all registrars, judges, and other officers of elections, fill vacancies. (RC. 35or.ii(D));
• make and issue rules and instructions, not inconsistent with law or the rules, directives or advisories issued by the secretary of state, as it considers necessary for the guidance of elections offtcers and voters (R.C. 3501.rr(E));
• investigate irregularities, nonperformance of duties, or violations of Title 35 of the Revised Code by election officers and other persons; (RC. 35o1.11(J));
214 Letter to Alex Arshinkoff Page 3 of 4
I have before me evidence concerning certain characteristics and past public actions of Mr. Daley that leads to the conclusion that he would not be a competent member of the Board as is required to perform these and other board of elections' duties. This information further convinces me that he does not possess the temperament required for competent service as a board of elections member. By way of example, I have received the following comments concerning Mr. Daley from members of the Summit County community:
• On October 29, 2007 the Akron Beacon Journal described Mr. Daley, identified as President of the Hqdson City Council, as follows: "Daley's approach, in style and substance, is not suited to the political realities of Hudson. It would fit a highly partisan, high-profile Senate contest. *** Daley plays the arch ideologue in a city better served by practical problem-solvers. His way clashes sharply with the nonpartisan tradition of governing. *** As the council president, Daley has operated like a bully. Staff resignations have become commonplace, ***. ''**Daley has poisoned the political climate in Hudson, proving a harmful distraction."
• Mr. Daley has been described in a written communication to my staff from Michael Moran, who has served on Hudson City Council in Summit County with him, as "very outspoken, never concedes mistakes, and he tries to intimidate others with a loud voice, and sometimes threats. ***There are many other instances of Brian's overbearing personafity being used by him in lieu of reasoned discussion to try and get his way. *** Brian is thought of as a bully by many." In connection with a local school funding issue it has been stated, "Brian not only thought that city officials should not work with the schools, he also demanded that the city administration not meet with the Chamber of Commerce or the Hudson Economic Development Corporation. He called them `special interests' and `anlde-biters.' Schools routinely place issues on the election ballot throughout the State of Ohio, and boards of elections must work with school administrators in the process of placing issues on school funding before the county's voters.
The Summit County Board of Elections has experienced in the past an environment described as including harassment, intimidation, threats, hostility, retribution and condescension, making it difficult for employees of the board to constructively work together for the public good. I cannot in good conscience appoint an individual to the Board whose past behavior predicts the fostering of a similar unproductive environment. I will not make an appointment that may lead to a failure of confidence among the Summit County electorate or cause them to doubt that their elections are trustworthy and administered in a fair manner so as to benefit the citizens of Summit County and of the State of Ohio.
In viecv of the evidence before me, I conclude that there are substantiated reasons to support my conclusion that Mr. Daley is not fit, suitable, adequate, or qualified, i.e., competent, to serve as a member of the Summit County Board of Elections.
215 Letter to Alex Arshinkoff Page 4 of 4
Accordingly, pursuant to the statutory authority vested in me by R.C. 3501.o4 as chief election officer of the state, and pursuant to R.C. 3501.05 and 3501.o6, I have determined to appoint Donald Varion rather than Brian Daley as a member of the Summit County Board of Elections for the term beginning March 1, 2008.
Sincerely,
Jennifer Brunner cc: Brian Daley
214 3/1/08 AKRONBJ (No Page) Page 1
3/1/08 Akron Beacon J. (Ohio) (Pg. Unavail. Online) 2008 WLNR 4110453
Akron Beacon Journal (Ohio) Copyright 2008 The Akron Beacon Journal, Ohio
March 1, 2008
Coughlin supporter gets spot on board: Ohio secretary of state replaces Arshinkoff with Akron attorney, rejects the GOP-backed nominee Stephanie Warsmith The Akron Beacon Journal, Ohio
Mar. 1--First, Ohio Secretary of State Jennifer Brunner removed Summit County Republican Chairman Alex Arshinkoff from the elections board seat he had held for nearly 30 years.
Now, she has rejected the party's suggested replacement for Arshinkoff, former Hudson.Council President Brian Daley .
Instead, late Friday, Brunner appointed Donald Varian, an Akron attorney in league with state Sen. Kevin Coughlin, Arshinkoff's arch nemesis. Varian is rumored to be Coughlin's suggested replacement for Arshinkoff as the party's chairman in Cough- lin's months-long quest to reorganize the county's GOP.
Brunner, a Democrat, said in a letter to the county Republican Party that she re- ceived information leading her to conclude that Daley wouldn't be a "competent" member of the board. She referred to an October Akron Beacon Journal editorial that described Daley as a "bully" on Hudson council. She also pointed to informa- tion she received from Mike Moran, a Democratic Hudson City Council member, who said Daley "tries to intimidate others with a loud voice, and sometimes threats."
"The Summit County Board of Electionshas experienced in the past an environment described as including harassment, intimidation, threats, hostility, retribution and condescension," Brunner wrote. "I cannot in good conscience appoint anindi- vidual to the board whose past behavior predicts the fostering of a similar unpro- ductive environment."
Brunner had given the party until the close of business Friday to name a replace- ment for Arshinkoff.
Challenge possible
Arshinkoff said the party's executive committee will hold an emergency meeting Monday to decide how to respond to Brunner's decision, which could include a chal- lenge in the Ohio Supreme Court. He said Brunner should have gone back to the
21-7 ® 2008 Thomson/West. No Claim to Orig. US Gov. Works. ^YHtk3n-E party if she wasn't happy with its nominee.
"We will fight this with everything we have," he said.
Daley is upset that he -- like Arshinkoff -- wasn't given the opportunity to de- fend himself before Brunner decided. He thinks he would have made a good board member.
"I wasn't given the opportunity to refute the hearsay allegations on which Brunner based her decision," said Daley, a retired financial executive who was president of Hudson City Council and the Ward1 representative when he lost re-election in November. "To me, that just offends my sense of fair play."
As the state's chief elections officer, Brunner hasthe ultimate say on who sits on the four-person county elections boards. She must make appointments to the boards -- made up of two Democrats and two Republicans who oversee elections in the county --by March 1. Board members are appointed to four-year terms.
Motives questioned
Arshinkoff accused Brunner of being part of alarger scheme involving Wayne Jones -= the finance chairman of the Summit County Democratic Party and an elections board member -- and Pete Kostoff, Jones' Republican law partner at Roetzel & An- dress. Arshinkoff maintains that Kostoff is behind the attempt to replace him as chairman and wants to have both parties under the control of the same law firm.
"The secretary of state has chosen who theywant to be the chairman of the Summit County Republican Party andput him on the board of elections," Arshinkoff said. "I'm proud I.haven't been endorsed by Jennifer Brunner and Wayne Jones."
Patrick Gallaway,a spokesman for Brunner, saidBrunner appointed the person "she thought would be the best fit for the board." He said she was facing a midnight deadline for the appointment.
Varian said he's honored to be on the board and hopes he brings "a degree of ci- vility" and "professionalism" to the body. He denied being part of any larger plan, as Arshinkoff has suggested.
"I'm an independent person," he said. "I have all my life been."
Varian represented Coughlin and his supporters at a Tuesday elections board meet- ing in which they were questioned about why they had not personally answered sub- poenas for a January elections board meeting.
Coughlin, R-Cuyahoga Falls, is leading an effort to oust Arshinkoff as chairman by gaining a majority on the county party's central committee in Tuesday's election.
211
0 2008 Thomson/West. No Claim to Orig. US Gov. Works. The committee must meet within 60 days of the election to decide the party's lead- ership.
"The rejection of Arshinkoff's hand-picked puppet is another victory for all who value free and fair elections," Coughlin said in a written release sent out at 7:09 p.m. Friday -- before Brunner had officially announced her decision.
I (Brunner provided the letter to the party, Dailey and the Beacon Journal at 8:33 p.m. ) . . , .
Coughlin said he learned of Brunner's decision from Varian, whom Brunner had called to see whether he would accept the appointment.
Coughlin has been unwilling to name his suggested new chairman. Varian hassaid thisdecision will follow Tuesday's election but that he's "not ruled out" the possibility.
Jones, who has clashed with Arshinkoff during several recent board meetings, said he respects Varian. He said Varian knows election law.
"He is an honorable person," said Jones, who has denied that his law firm is be- hind the effort to remove Arshinkoff as chairman. "That's what you're looking for."
Jones said the board needs to get its "integrity back."
Stephanie Warsmith can be reached
at 330-996-3705 or
NEWS SUBJECT: (Legal (1LE33); Judicial (1JU36); Government (1GO80); World Elec- tions (1WO93); Political Parties (1P073); Global Politics (1GL73); Public Affairs (1PU31))
Language: EN
OTHER INDEXING: (BEACON JOURNAL; BOARD; GOP; HUDSON; HUDSON CITY COUNCIL; HUDSON COUNCIL; OHIO SUPREME COURT; SUMMIT COUNTY BOARD OF ELECTIONS; SUMMIT COUNTY DEMO- CRATIC PARTY; SUMMIT COUNTY REPUBLICAN PARTY) (Alex Arshinkoff; Arshinkoff; Brian Daley; Brunner; Coughlin; Daley; Donald Varian; Jennifer Brunner; Jones; Kevin Coughlin; Kostoff; Mike Moran; Motives; Patrick Gallaway; StephanieWarsmith; Varian; Wayne Jones)
0 2008 Thomson/West. No Claim to Orig. US Gov. Works. STATE OF OHIO AFFIDAVIT OF BRIAN K. DALEY - COUNTY OF SUMMIT
I, Brian K. Daley, being first duly sworn according to law, deposes and states as follows:
1. My name is Brian K. Daley.
2. I reside at 132 S. Main Street, Hudson, Ohio.
3. The factual matters, stated in this Affidavit are based upon and made on the basis of my personal knowledge.
4. The attached Exhibit "A", Resume, truly and accurately describes my work and professional experience and community involvement.
5. On February 26, 2008, the Summit County Republican Executive Connnittee recommended my appointment to the Summit County Board of Elections by a vote of 56 to 1.
6. At no time following the recommendation of my appointment for the Summit County Board of Elections did Secretary of State Jennifer Brunner or any one in her office contact me conceming my qualifications or competence or provide me or the Summit County Republican Executive Committee with an opportunity to respond to allegations she received concerning my qualifications and/or competence.
Further, Affiant sayeth naught.
S ORN TO before me and subscribed in my presence this RV-4 day of , 2008. ! 1 _
«AK3:930208_vb> JAMES S. Sl9AON. AttmnsY-At-IAW Notsn/ Pltofic - Siato ol0hlo Ayy Commission has no ®r.piraGon date Sec.147.03 R.C.
2 2v
Ex10'18 , 7- a°' Brian K. Daley 132 S. Main Street Hudson, OH 44236 (330) 342-1115
1987 TRW Inc., Cleveland, OH to $10 billion automotive and space & defense conglomerate 1998 Director-Finance, TRW Steering Wheel Systems, N.A. (1996-1997). Responsible for all financial and MIS functions of TRW's North American steering wheel operations, including capital equipment planning and financing. Additionally, since January 1998, I worked periodically for TRW, on a consulting basis, on various business acquisition and financial reporting matters.
Manager - Internal Audit (1987-1996). Responsible for managing numerous concurrent audits of TRW's $7.0 billion worldwide automotive operations. Also, during its 1992/1993 automotive sector restructuring, served as project finance director for the divestiture of TRW's non-core businesses in the US and Europe. In this capacity, I worked with investment bankers, tax attorneys and prospective buyers in establishing sales terms and evaluating various financial structuring altematives to maximize transaction benefits.
1976 BATUS Inc., Louisville, KY to $6.5 billion subsidiary of British American Tobacco U.K., Ltd. 1987 with interests in retail, tobacco and paper
Controller Gimbel's Department Stores (1986-1987). A $500 million retailer with 20 department stores in the New York and Philadelphia areas.
Director - Corporate Audit, BATUS ( 1983-1985). Directed the central audit fonction, comprised of 32 professionals, in financial, operational and EDP audits and was functionally responsible for an additional 38 auditors at operating companies.
Asst Controller - Brown & Williamson Tobacco Company (1976-1983). Established and directed comprehensive audit program for all domestic and international operations. Expanded audit scope to include advertising agencies, sales promotion, market research, transportation and manufacturing. Also, directed risk management department and was responsible for special financial analysis of major capital projects.
221 Brian K. Daley - pg. 2
1973 Seeburg Industries, Inc., New York, NY to Major manufacturer and marketer of leisure time devises and consumer products. 1976 Audit Director, Seeburg Industries, Inc. Responsible for internal audit activities of the company's manufacturing and distribution operations. Controller, Seeburg Products Division Responsible for all accounting and financial reporting fanctions of the division.
1971 Howard Johnson Company, Braintree, MA to A leading motor lodge and restaurant chain. 1973 Served as Audit Manager, and later as Motor Lodge Division Controller
1966 General Electric Company, Lynn, MA and Schenectady, NY to Employed in a variety of financial positions while a participant in the 1971 General Electric Company Financial Management Program. Joined Corporate Audit Staff upon completion of the program.
Education/Professional
BS in Business Administration (Accounting Major), Northeastern University, 1965. General Electric Company - Financial Management Program, 1968. Northwestern University (Kellogg School) - Institute for Management, 1983.
Certified Internal Auditor (CIA), 1972. Kentucky Governor's Executive Management Commission, 1980. Budget Cominittee of the Tobacco Institute, Washington, DC, 1983. Board of Directors, National Retail Merchants Association, Audit Group,
2 22. Brian K. Daley - Supplemental information
• In 1998, retired as Director-Finance, TRW Steering Wheel Systems, N.A.
• Through 2005, worked on a consulting basis in the U.S. and Europe, for three large corporations. This work was in the areas of mergers and acquisitions, controllership, financial reporting and auditing.
• Served on Hudson City Council from December of 2003 until December 2007; the last two years as Council president.
• Married, three children and five grandchildren
ZL._/ STATE OF OHIO ) ) AFFIDAVIT OF ALEX R. ARSHINKOFF COUNTY OF SUMMIT )
I, Alex R. Arshinkoff, being first duly swotn according to law, deposes and states as follows:
1. My name is Alex R. Arshinkoff.
2. I reside at 466 W. Streetsboro Street, Hudson, Ohio 44236.
3. I am the Chairman of the Summit County Republican Executive Committee and the factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge of those facts.
4. On February 26, 2008, the Summit County Republican Executive Committee on a vote of 56 to I recommended the appointment of Brian K. Daley to the Summit County Board of Elections.
5. At no time did Secretary Brunner or any one in her office contact me concerning Mr. Daley's qualifications or competence or provide me or the Summit County Republican Executive Committee an opportunity to respond to allegations she received conceming Mr. Daley.
6. Prior to attempting to appoint Donald Varian to the Sununit County Board of Elections, Secretary of State Jennifer Brunner did not provide the Summit County Republican Executive Committee with the opportunity either to recommend another elector to the Secretary of State for the Summit County Board of Elections position or to apply for a Writ of Mandamus to the Ohio Supreme Court to compel the Secretary of State to appoint Brian K. Daley, the Summit County Republican Executive Committee's recommendation appointee.
7. Following receiving notice of the rejection of the appointment by Ohio Secretary of State, Jennifer Brunner, I called an emergency meeting of the Summit County Republican Executive Committee for March 3, 2008.
8. At its March 3, 2008 meeting, the Summit County Republican Executive Committee voted, with 60 in favor, one against and one abstention, to seek alternate writs of Mandamus, Prohibition, and Quo Warranto from the Ohio Supreme Court both ordering Jennifer Brunner as Secretary of State to appoint Brian K. Daley as a Republican member to the Summit County Board of Elections for the full term commencing March 1, 2008 and to stay the reorganization of said Board of Elections pending the outcome of its actions in the Ohio Supreme Court.
22q
E" R,T G 9. The Summit County Republican Executive Committee also voted, with 60 in favor, one against and one abstention, to engage Grendell & Simon Co., L.P.A., to represent it before the Ohio Supreme Court.
10. I have read the foregoing Complaint seeking altemate writs of Mandamus, Prohibition, and Quo Warranto, have personal knowledge of the facts set forth therein and hereby attest that those facts are true and accurate.
Further, Affiant sayeth naught. oz A It) Alex R. Arshinkoff
2rG^ SWORN TO before me and subscribed in my presence this J day of CU(^ 2008. /
JAMES S. 818AOIV, dCOmay-At-Laar Notary pub@c • Stale oi Ohio My Conaidsswn hsbg no e>^i^atiaat date 8e¢.147.Q3 R.C.
22.5 STATE OF OHIO AFFIDAVIT OF JACK MORRISON, JR. COUNTY OF SUMMIT
I, Jack Morrison, Jr., being first duly sworn according to law, deposes and states as follows:
1. My name is Jack Morrison, Jr.
2. I reside at 2938 Silver Lake Blvd., Silver Lake, Ohio.
3. I am the Secretary of the Summit County Republican Executive Conunittee and the factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge.
4. I am also a Republican member of the Summit County Board of Elections, having served on the Summit County Board of Elections for approximately two years.
5. On February 26, 2008, the Summit County Republican Executive Committee recommended the appointment of Brian K. Daley to the Summit County Board of Elections by a vote of 56 to 1.
6. At no time following the recommendation of Mr. Daley for appointment to the Summit County Board of Elections did Secretary of State Jennifer Brunner or any one in her office contact me concerning Mr. Daley's qualifications or competence or provide me or the Summit County Republican Executive Committee with an opportunity to respond to allegations she received concerning Mr. Daley.
7. Prior to attempting to appoint Donald Varian to the Summit County Board of Elections, Secretary of State Jennifer Brunner did not provide the Summit County Republican Executive Committee with the opportunity either to recommend another elector to the Secretary of State for the Sununit County Board of Elections position or to apply for a Writ of Mandamus to the Ohio Supreme Court to compel the Secretary of State to appoint Brian K. Daley, the Sunnnit County Republican Executive Committee's recommendation appointee.
Further, Affiant sayeth naught.
$WORN TO before me and subscribed in my presence this J day of ^_Y( (--,- 2008. n ^
JAFpE6 S. RlV.".' z rzyA4•Law t6 ty putac - ^e ot Ohio My CarhnMan has Iw ®xDiretion date aAK3:930005_vh W. 147.03 R. 22Cr
v_^x,({il3iv" N STATE OF OHIO AFFIDAVIT OF JOHN W. JEFFERS COUNTY OF SUMMIT
I, John W. Jeffers, being first duly sworn according to law, deposes and states as follows:
1. My name is John W. Jeffers.
2. I reside at 1770 Old Tannery Circle, Hudson, Ohio 44236.
3. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge.
4. I am currently an Of Counsel member of the law firm of Weston Hurd LLP, having retired as a Partner.
5. I am also a Ward Councilman on Hudson City Council.
6. I have resided in Hudson for approximately ten years.
7. I served with Brian K. Daley on Hudson City Council for four years.
8. In my work with Mr. Daley on Hudson City Council, I found him to be fair, unbiased and always interested, first and foremost, in the best interests of the City of Hudson.
9. I also feel that Mr. Daley treated Hudson City Council members with dignity and respect, even if our opinions differed. Any suggestion that Mr. Daley is a "bully" or "overbearing" is completely without merit.
10. I believe that Mr. Daley would be a competent member of the Summit County Board of Elections and an asset to the Board.
Further, Affiant sayeth naught.
SWORN TO before me and subscribed in my presence this 6!^i day of " ' 2008.
Public tc4IC3929996,2. KELUE REINEL Notary Publie - Stete o1 0hio My pommission Expires October 4, 2009 2 Z-7 ,G'u u, fl.c S STATE OF OHIO AFFIDAVIT OF JOHN V. FRANK COUNTY OF SUMMIT
I, John V. Frank, being first duly swom according to law, deposes and states as follows:
1. My name is John V. Frank.
2. I reside at 2080 Stockbridge Rd., Akron, Ohio.
3. I am retired from serving as the President of the Burton D. Morgan Foundation.
4. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge.
5. I am also retired from serving as the Eighth Ward Councilman for the City of Akron for many years.
6. I serve on a number of community boards and am active in a number of community organizations in and around Akron and Hudson, Ohio.
7. I have known Brian K. Daley for approximately five years, having met him during his tenure on Hudson City Council while I was President of the Burton D. Morgan Foundation.
8. Mr. Daley, as President of Hudson City Council played an invaluable role in assisting me with the Burton D. Morgan Foundation's move to Hudson, Ohio.
9. The Burton D. Morgan Foundation provided grant assistance to the Economic Development program Mr. Daley initiated.
10. I have found Mr. Daley to be helpful, reliable and cominunity oriented.
11. I respect Mr. Daley's skill as a leader and his ability to work well with groups of people.
12. As a former elected official, I am familiar with the elections system and the Summit County Board of Elections:
13. I believe that Mr. Daley would be a competent member of the Summit County Board of Elections and an asset to the Board, who will work cooperatively and professionally with the other members of the Board.
ZZs
Z7X#11.31Tr J. Further, Affiant sayeth naught.
TO before me and subscribed in my presence this 3^ y of ^C^iLC^6L/. 2008. ,-,
1Robert W Carter Jr Notary Public My Commission Expires June 30, 2011 ttAK3:929994 v2),
Z2{ STATE OF OHIO ) ) AFFIDAVIT OF EUGENE WYATT COUNTY OF SUI\RvIIT )
I, Eugene Wyatt, being first duly sworn according to law, deposes and states as follows:
I. My name is Eugene Wyatt.
2. I reside at 41 Hudson Commons, Hudson, Ohio 44236.
3: The factual matters stated in this affidavit are based upon and made on the basis of my personal knowledge.
4. I have lived in Hudson for over 26 years.
5. I spent twelve years as a volunteer member of the Hudson City Architectural and Historic Board of Review.
6. I have known Brian K. Daley for approximately four years.
7. 1 closely follow Hudson City government and its acrivities.
8. I had the opportunity to work with Mr. Daley for two years while he was a member of Hudson City Council and the City Council's liaison to the Hudson City Architectural and Historic Board of Review.
9. In my dealings with Mr. Daley on the Hudson City Architectural and Historic Board of Review, I found him to be fair, nonpartisan, unbiased, of even temperament, and always interested first and foremost with the best interests of the City of Hudson.
10. In my dealings with Mr. Daley pn the Hudson City Architectural and Historic Board of Review, he always treated Board members with dignity and respect, even if our opinions differed.
11. 1 have always felt that Mr. Daley was a competent and fair member of City Council and that he did a good job as a Ward Councilman and President of City Council.
12. Mr. Daley will be a competent member of the Summit County Board of Elections and an asset to the Board, who will work effectively and cooperatively with the other Board members.
Further, Affiant sayeth naught.
4rien Atldnaon WoWry Public, 3ottB of Ohlo Commission Expires ^^5WWYV^V/-y1 YV aTRR%t puci-z-c 230 ,ee7xrt-1 Q,T k STATE OF OHIO ) ) AFFIDAVIT OF DAVID BURKE COUNTY OF SUMIMIT )
I, David Burke, being first duly sworri according to law, deposes and states as follows:
1. My name is David Burke.
2. I reside at 186 South Main Street, Hudson, Ohio 44236.
3. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge.
4: I have lived in Hudson for over twenty-eight years.
5. My wife and I are social friends of Brian K. Daley and his wife, Raija.
6. My wife and I are registered Democrats.
7: I have always found W. Daley to be fair and respectful of others and to not be one to let differences of political philosophy affect his attitude toward others.
8. 1 believe that Mr. Daley would be a competent member of the Summit County Board of Elections and an asset to the Board.
Further, Affiant sayeth naught.
SWORN TO before me and subscribed in my presence this 3 day of mtq^c^ . 2008,
I vS2- C Gch ^nJrL t/Vl^yn Notary Public
MaMrY ^ MW of Ohio ComrnissiGn 5E2D11s
231
Z^X1-1/8)!`- L. STATE OF OHIO ) ) AFFIDAVIT OF GEORGE JANIIL COUNTY OF SUMMIT )
I, George Jank being first duly sworn according t41aw, dep4ses and states as follows:
1. My name is George Janik.
2. I reside at 36 Thirty Acres, Hudson, Ohio 44236.
3. The factual matters stated in this Affidavit are based upon and made on the basis nf my personal knowledge.
4. I have lived in Hudson for over twenty years.
5. I am a retired exeeutive, having retired from IBM.
6, 1 closely follow Hudson City Oovernment and its activities.
7. 1 Iiave always felt that Mr. Daley was a competent and fair member of City Council and that he did a good job as a Ward Councilman and President of City Council.
8. I always found that Mr. Daley treated his Hudson City Council colleagues with decency and respect, even when their opinions differed.
9. I believe that Mr. Daley would be a competent member of the Summit County Board of Elections and an asset to the Board.
Further, Affiant sayeth naught.
SWORN TO before me and subscribed in my presence 2008.
JEFFREY D. SCHROEDER, NOTARY PUBLIC IN AND FOR THE «AR3^929992 vlu STATE OF OHIO MY COMMISSION EXPIRES SEPT. 26,2012
237
EXN1 i3,T" m STATE OF OHIO AFFIDAVIT OF ELS1E THOMAS COUNTY OF SUM1vIIT
I, Elsie Thomas, being first duly swom according to law, deposes and states as follows:
1. My name is Elsie Thomas.
2. I reside at 103 Clairhaven Drive, Hudson, Ohio 44236.
3. The factual matters stated in this Affidavit are based upon and made on the basis of my personal knowledge.
4. I have spent thirteen years as a volunteer member of the Hudson City Tree Commission.
5, I have known Brian K. Daley for approximately four years.
6. I had the opportunity to work with Mr. Daley for two years while he was a member of Hudson City Council and the City Council's liaison to the Hudson City Tree Commission.
7, In my dealings with Mr. Daley on the Hudson City Tree Commission, I found him to be intelligent, fair, competent and nonpartisan, unbiased and always interested first and foremost with the best interests of the City of Hudson.
8. In my dealings with Mr. Daley on the Hudson City Tree Commission, he always treated Conunission members with dignity and respect, even if our opinions differed. Mr. Daley is able to work cooperatively with both those who share his opinions and those who do not share his opinions.
9. I believe that Mr. Daley would be a competent member of the Summit County Board of Elections and an asset to the Board.
Further, Affiant sayeth naught.
lsie Thomas
Z33
^jC/f+8 rT /3 SWORN TO before me and subscribed in my presence this day of (y1Clrw , 2008.
KAK3:929990 d1N
GVYENC'JI..`(NE E. tv1AYER Resident >'.ortace County Notary i r<;;lic., -s*.:.±e of Ohio MyCo,rmise.,Exoires 0.3' ' 10
23y See Exhibit A attached to Exhibit F hereto 3501.07 Filling vacancies on county boards of elections.
At a meeting held not more than sixty nor less than flfteen days before the expiration date of the term of office of a member of the board of elections, or wlthln fifteen days after a vacancy occurs in the board, the county executive committee of the major political party entitled to the appointment may make and file a recommendation with the secretary of state for the appofntment of a qualified elector. The secretary of state shall appoint such elector, unless he has reason to believe that the elector would not be a competent member of such board. In such cases the secretary of state shall so state in writing to the chairman of such county executivecommittee, with the reasons therefor, and such committee may either recommend another elector or may apply for a writ of mandamus to the supreme court to compel the secretary of state to appoint the elector so recommended. In such action the burden of proof to show the qualifications of the person so recomniended shall be on the committee making the recommendation. If no such recommendation is made, the secretary of state shall make the appointment.
If a vacancy on the board of elections is to be filled by a minor or an intermediate political party, authorized offlclais of that party may within fifteen days after the vacancy occurs recommend a qualified person to the secretary of state for appointment to such vacancy.
Effective Date: 03-23-1972
234 .
,T ? 6 ® I ^"L]I^'^'Y ^FUB^C^ PAR''Y ^j ; no. c^T^^^IT C,-°'- F^^ 44 1c,^ ` kebrt ary 21-, 2008 VfA F.ACSINIILE s. 3ezutifer Brazktaer C1hio Secretary of State 180 East Broad Street, I5"' Floor Colum.bus DI-I 43215-3726
Dear Secretary Ez'unner:
fiis letter is a public records request made puasuant to 4hio's Public Records A.ct. Please provide me the foIlowing public zecords:
Any and all paper or electroufc correspondence between you, the members of your office, and any iudividual coneernine my reappointment to the Stuaunit County Board of Elections for a term begiuning March 1, 2008; '.-1,c^ tcls,};ftt -.^ -Htc^rrer-ntrt±r - ;4 ny and al.l. i.m£ormation7 documents and records that you and your staff relied upon i.n issuing youz letter to me dated February 26, 2008, - ^1 iCf ^:Iinu^ltrJtr refusing my reappointment to the Sumzrtit County 13oard of Elections; '^^,nta£+£--.- il Any and all telephone and cellular telephone records and facsiruile -'-^ 1.17113ii1 ^t-:^ T1C^1&17I7-:_ logs whereby you or your staff had any discussion with any individual or individuals concenxing my reappointment to the Summit County _- ta -: rnrxn = Board of Eleetions or reeeived istforznacion regarding same.
f these records are available efectrarucally, I request that they be sent via `^`seit email to t'[email protected]. If copying is sequired, please advise o£the cost =^aft^,xrmts .= of such copying and I will remit payment immediately. If you are unable to provide any portion of tkte documents requested herein, I ask that you provide all responsive documents in yout possessiot£ that you are able to timely provide and that you notrfy me of the d*`e #ts you caunot arovi.de or that vou need additional tnmfia00nde ^-'
If you have any questions cozzcernia^^^^e^^i at.330 434- 915I.
Alex. R. Ars; inkofl Chaurzra;= Summit County Republican Party
529 SCnlh Sria£nStreet ! 3uBe 2437 f Rkrcln, Oh1a 44311-1071 1 330-434-9151 I Ear. 3 434-^y2$3 ^TRL P.02 z3-r In The Supreme Court Of Ohio
Summit County Republican ) Executive Committee CASE NO. 08-0478 Plaintiff,
V.
Secretary of State.Iennifer Brunner ) RESPONDENT OHIO SECRETARY OF STATE dENNIFER BRUNNER'S Defendants. ) MOTION IN LIMINE
RESPONDENT OHIO SECRETARY OF STATE JENNIFER BRUNNER'S MOTION IN LIMINE
Now comes Respondent, Ohio Secretary of State Jennifer Brunner, by and through the undersigned counsel, and respectfully moves this Court to issue an order to: [ 1] limit the issue before the Court to the Secretary's of State's reasonable belief that Brian K. Daley was not competent to serve as a member of the Summit County Board of Elections, as opposed to lris actual competence; [2] limit discovery to the issue of whether the Secretary of State had a reasonable belief in cletermining that Brian K. Daley was not coinpetent to serve on the Summit
County Board of Elections; and [3] disregard Relator's evidence pertaining to Brian K. Daley's competency, which was submitted with Relator's complaint, In the altemative, if the Court finds that Brian K. Daley's actual competence is to be addressed instead of only whether Secretary of
State Brunner had reason to believe that Daley would not be competent, the Respondent requests
MAR 0 7 2008 CLERK OF COURT EXHIBIT SUPREME COURT OF OHIO 131 that an additional thirty (30) days be granted to conduct discovery. A memorandum in support of the Respondent's motion is attached hereto.
Respectfully subniitted,
MARC DANN (0039425) Attorney General of Ohio
Richard N. Coglianese (0066830) Counsel of Record Damian W. Sikora (0075224) Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 16u' Floor Columbus, Ohio 43215 614-466-2872 614-728-7592 (Fax) [email protected] [email protected]
2
239 MEMORANDUM IN SUPPORT
1. This Court Should Limit the Issues Before the Court and the Discovery to be Conducted
The Respondent, Secretary of State Jennifer Brunner, requests that this Court limit the issues litigated and discovery conducted in the case at bar in accordance with RC 3501.07. The true issue before the Court is whether the Secretary of State had reason to believe that Brian K.
Daley was not competent to serve on the Summit County Board of Elections, When a respective party's Executive Committee recommends an elector for appointment to a board of elections, the
Ohio Revised Code specifically states "[t]he secretary of state shall appoint such elector, unless
[s]he has reason to belleve that the elector would not be a competent member of such board."
RC 3501.07 (emphasis added). The words "reason to believe," indicate that it is irrelevant whether Mr. Daley actually is or is not competent to serve as a member of the Summit County
Board of Elections. Rather, the statute merely roquires, by its plain language, that the Secretary of State have reason to betieve that any appointed elector will not be competent to serve as a member on the Board of Elections. This is an objective detennination to be made by the
Searetary of State, not a factual conclusion that must be proven to the acceptance by all. It has nothing to do with Daley's background or actual competence, only whether the Secretary of
State had a reason to believe that he could not competently serve on the Sttmmit County Board of Elections.
All evidence, therefore, about Mr. Daley's actual competence to serve on the board of elections is irrelevant. The only relevant issue in this case is whether Secretary of State Brunner had reason to believe he was not competent. Ohio Evidentiary Rules provide that "(cjvidence which is not relevant is not admissible." Ohio R. Evid. 402. ayb Because the Revised Code merely requires a reasonable belief, this Court should limit the issues in this case simply to Secretary of State Jennifer Brunner's reasonable belief that Mr.
Daley was not competent to serve as a member of the Summit County Board of Elections. As a result, this Court should also limit discovery to Secretary of State Jennifer Brunner's reasonable belief that that Mr. Daley was not competent to serve as a member of the Summit County Board of Slections. Finally, this Court should disregard any evidence that has already been submitted to this Court to justify the actual competency of Mr. Daley as irrelevant to the issue before the
Court.
II. In the Alternative, Respondent Requests an Additional Thirty Days to Conduct Discovery
In the event this Court does not limit the issues and discovery in this case, Respondent asks this Court to issue an order granting them an additional 30 days to conduct discovery. The areas of information that are relevant or that might lead to the discovery of relevant information becomes much greater. At that point, the Secretary of State will have the right to depose numerous witnesses including friends, acquaintances, neighbors, and co-workers of Mr. Daley.
She will need to delve niuch further into his background to see if there are other issues wliich would show him incompetent to serve on the board of elections. It would take the Secretary more than ten days to conduct discovery.
III. Conclusion
For the foregoing reasons, Respondent requests that the Court limit the issues and discovery before this Court to the reasonable belief of Secretary of State Jennifer Brunner. In. the alternative, the Respondent requests that this Court grant additional time for the Respondent to conduct discovery.
4
zql Respectfully submitted,
MARC DANN (0039425) Attorney General of Ohio
Richar Coglianese (0066830) Counsel of Record Damian W. Sikora (0075224) Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 16`t' Floor Columbus, Ohio 43215 614-466-2872 614-728-7592 (Fax) [email protected] [email protected]
Counsel for Respondent Ohio Secretary nfStade Jennifer Brunner
5
2yA Certificate of Service
This is to certify a copy of the foregoing was served upon the following counsel of record by fax transmission on this 214-, day of March, 2008.
Timothy J. Grendell Grendell & Simon Co., LPA 6640 Harris Road Broadview Heights, Ohio 44147 440-746-9604
1 ^ I ^ I Damian Sikora
6 2'a3 3501.07 Filling vacancies on county boards of elections.
At a meeting held not more than sixty nor less than fifteen days before the expiration date of the term of office of a member of the board of elections, or within fifteen days after a vacancy occurs in the board, the county executive committee of the major political party entitled to the appointment may make and file a recommendation with the secretary of state for the appointment of a qualified elector. The secretary of state shall appoint such elector, unless he has reason to believe that the elector would not be a competent member of such board. In such cases the secretary of state shall so state in writing to the chairman of such county executive committee, with the reasons therefor, and such committee may either recommend another elector or may apply for a writ of mandamus to the supreme court to compel the secretary of state to appoint the elector so recommended. In such action the burden of proof to show the qualifications of the person so recommended shall be on the committee making the recommendation. If no such recommendation is made, the secretary of state shall make the appointment.
If a vacancy on the board of elections is to be filled by a minor or an intermediate political party, authorized officials of that party may within fifteen days after the vacancy occurs recommend a qualified person to the secretary of state for appointment to such vacancy.
Effective Date: 03-23-1972
EXHIBIT k 2yq To: SOS Jennifer Brunner David Farrell
From: Mike Struble
Subject: BOE Appointment
In previous discussions on the above subject, you asked for us to relay to you any concern.s that we might have on the upcoming appointment process for BOE members.
I realize the weighty importance of these recommendations and I want you to know that I do not take this obligation lightly. My comments and suggestions come from a background of having spent nearly 25 years serving on public boards and commissions, many spent in the capacity of Board President and board leadership positions. During these times I observed the characteristics of people and the attributes necessary for a successful relationship between board members and the various offices they represented. Drawing on that background and experience, I cannot in any good conscience recommend the appointment of Mary Wipert to the Lawrence County Board of Elections.
Mary Wipert was fired from the very board she seeks to join. The same group of people still constittite the board when that action was taken. Her abusive attitude and profane language towards the board and employees is well known throughout the courthouse. There also exists the unusual (but not blood) relationship between Mary and the other board member Robert Griffith who is her grandfather-in-law as they call it.
Mrs. Wipert was also well known for her conduct of official Republican Party business both in the office and on company time while Director when she acted in the official capacity as Secretary of the Republican Party.
In addition to the political activities there were also questions raised about her mishandling of signatures on absentee ballots as well as incorrect ballot language and improperly con-ecting deficient candidate petitions.
Perhaps on of the most egregious examples of her unethical behavior took place on Feb. 13, 2008 when she interfered with the official duties of an
- ay5 elections official ( the Director) when she continually interrupted her instructions to new poll workers in a training class by telling the class the instructions were wrong when in fact they were correct.
The most recent blow-up has been played out in the press over the budget troubles in Lawrence County. Through investigations by the County Commissioners into the conduct of the Auditor's office, it has come to light about Mary receiving her PERS contributions and health insurance paid long after she was fired from her position as Director. The Auditor is facing inquiries after saying that venders for the county have been paid when in fact they have not been paid. This was the Auditor that called the Lawrence County ballot vender (Dayton Legal Blanlc) and told them not to print anymore ballots because he wasn't going to pay for them.
The Commissioners ordered the payment of venders to the Board of Elections and some other vital agencies. On top of all this, the Auditor (Dutey), who is also Chairman of the Republican Party has other problems in that his granddaughter was caught embez,zl"ing some $28,000 (so far) from the County Treasurer's office. T1ieCounty Commissioners have 1.aunched formal investigations into ab'out every aspect of the County's operations as well as the paymeptsto Mary Wipert. The Commissioners and the public want to know how a'fired county employee (Wipert) received insurance benefits and paid'contributions to PERS which in turn allowed her to receive a higher pension.
In my personal and professional opinion, Mary Wiperts return to the BOE will unleash forces of revengeful attitudes and will have the greatest negative impact on the working of that board and the office in its capacity of providing and open and honest election to the people of Lawrence County.
If our ultimate goal is to ensure that we have quality people serving on our BOE who uphold the duties of that office and honor the oath they will take, the appointment of Mary Wipert will not bring about the fruition of that goal.
Sincerely, Michael Struble
2y^' EXHIBIT State of Ohio AFFIDAVIT 11 ss. County of Summit [ I
The undersigned, having been duly sworn according to law, deposes and states from personal knowledge, information and belief, as follows:
1. I am currently a Judge in the general division of the Summit County Conunon Pleas Court and have held that position since 1991.
2. Pursuant to R.C. 2301.55, the Judicial Corrections Board ("JCB") has oversight authority over the Community Based Correction Facilities ("CBCF") in Summit County.
3. During my tenure on the bench, Oriana House, Inc. has professionally and competently operated the CBCF in Summit County through a professional services contract with the JCB.
4. Beginning in 2002, as I related in detail under oath in my deposition on August 9, 2004, Alex Arshinkoff attempted to interfere with the discharge of my official judicial duties by attempting to intimidate me to take adverse actions against Oriana House, Inc. including terminating the Board's contract with Oriana House, Inc.
Sworn to and subscribed before me this ^? 15C day of September 2005.
Notary Public ho e,^,;ri} a,
EXHIBIT State of Ohio ) AFFIDAVIT EEXHIBIT
) ss. County of Summit )
The undersigned, having been duly swom according to law, deposes and states frotn personal knowledge, information and belief, as follows:
1. 1 am currently a Judge in the general division of the Summit County Common Pleas Court and have held that position since January 3; 1985.
2. During the period of 1987-2002, 1 was the Chairperson of the Judicial Corrections Board ("JCB").
3. Pursuant to R.C. 2301.55, the JCB has oversight authority over the Community Based Con-ec6onFacilities ("CBCF") in Summit County.
4. Since 1987, Oriana House Inc. has professionally and competently operated the CBCF in Summit County through a professional services contract with the JCB.
5. Through his actions in the years 2001-2003, as I related in detail under oath in my deposition upon written questions on December 10, 2004, Alex Arshinkoff attempted to interfere with the discharge of my official judicial duties as Chairperson of the JCB and, being unsuccessful, thereafter attempted to intimidate me to take adverse actions against Oriana House, Inc. and terminate the Board's contract with Oriana House, Inc.
FURTHER AFFIANT SAYETH NAUGHT.
ed before me this ^a p^^$^tatB ^ ^p lon N ""` 6om^ws j47.03 R•G•
ZiX EXHIBIT EXHIBIT ^ IU State of Ohio AFFIDAVIT
ss. Coiuity of Summit
The undersigned, having been duly sworn according to law, deposas and states from personal knowledge, information and belief, as follows;
1. 1 am currently retired from sitting as a Judge on the Summit County Common Pleas Bench While sitting on the bench in Summit County, I served on the Judicial Correction Board ("7C3").
2. Pursuant to RC. 2301.55, the Judicial Corrections Board ("JCB") has oversight authority over the Community BasedCorrection Facilities ("CBCF") in Summit County.
3. During my tenure on the bench, Oriana House, Inc. professionally and competently operated the CBCF in Summit County through a professional services contract with the 7CB.
4. Alex Arshinkoff attempted to interfere with the discharge of the official judicial duties of the Judges on the JCB by attempting to intimidate them to take adverse actions against Oriana House, Inc. including lerminaling the Board's contract with Oriana House, Inc.
FURTHER ABFIANT SAkBTJ NAWHT.
Sworn to and subscribed before mme thisq dayA of September 2005.
Public My 0,01^175;6-11 La.S
2q9
SEP 09,2005 13:26 EXHIB(T
^, Brian Daley Packet
Section I - Articles
Section 11 - Testimonials
Additional Information In Progress:
1. Letter from current Hudson City Council President Mike Moran 2. !/oicemaii from former Hudson City Manager Doug Elliot to Councilman Moran regarding threats from Brian Daley 3. Videotapes of Hudson City Council Meetings in which Mr. Daley displays extreme temperament.
Possible Contributions That Could Come In:
1. Letter from Hudson Mayor William Currin regarding Mr. Daley's actions while he was a member of Council.
EXHIBIT a5o A&%r=iv'( ZeCZCC?.-t rcLr^l^^^ ,
Akron Beacon Journal
Akron Beacon Journal (OH)
October 29, 2007 HARMFUL FOR HUDSON BRIAN DALEY HAS BROUGHT AN AGGRESSIVELY IDEOLOGICAL APPROACH. THE CITY CAN DO MUCH BETTER FOR LEADERSHIP ON ITS COUNCIL Edition: I STAR Section: A Page: A10 Index Terms: ELECTION PROCEDURE Estimated printed pages: 2
Article Text:
A year ago, an ill-advised charter change found its way onto the November ballot in Hudson. Issue 38 was billed as an anti-nepotism measure. In reality, it had nothing to do with hiring at city hail. The aim was to prevent candidates from running for the City Council if a family member already held a local elected ofFice. The targets were Brian Daley, the council president, and his daughter, Councilwoman Kristina Roegner. The concern was the direction the city was taking under Daley's leadership. This editorial page urged a vote against Issue 38, which narrowly failed, as a restnction on citizens' access to the ballot, a basic tenet of democracy. At the same time, we urged those who recognized the damage being done by Daley and his allies to pursue their goal the old-fashioned way: Find a candidate to run against the council president. Daley's opponents have done so, rallying around George Roth, a construction company executive and a former at-large council member, plus a former council president. He is capable, knowledgeable and experienced. Daley, a retired financial executive, says this November's contest in Hudson's Ward 1 is beginning to feel like a U.S. Senate race. The comment is more telling than Daley perhaps intended. The race does have intensity. The trouble is Daley's approach, in style and substance, is not suited to the political realities of Hudson. It would fit a highly partisan, high-profile Senate contest. A fiscal conservative, Daley acts as if Hudson (where voters in 2004 approved a tax increase to improve the growing city) faces a budget crisis. An increase in city employees, from 126 to 166 in five years, triggered his ire. Daley campaigns touting staff reductions of 10 percent and $2 million in cuts in annual operating costs, translating into a projected surplus of $10.9 million by 2010 instead of $1.8 million. In Washington, awash in red ink, that kind of work (adjusted into the billions, even trillions) wouldbe an accomplishment. In Hudson, such arbitrary reductions wildly miss the point. The city is not in a fiscal emergency. Meanwhile, the projects and services citizens expect are suffering. Daley plays the arch ideologue in a city better served by practical problem-solvers. His way clashes sharply with the nonpartisan tradition as1 of governing. It is no secret that Daley has been supported financially by the Summit County Republican Party, chaired by Alex Arshinkoff, a Hudson resident and most partisan of pols. As the council president, Daley has operated like a bully. Staff resignations have become commonplace, among them city engineers. In a recent dispute between Daley and his neighbors over a waterline they share, the city spent $8,000 suing William and Debra Vagas to get them off'the line. Daley denies siccing the city on the Vargases. A court order recently added the Daleys to the suit as defendants. The episode reveals how Daley has poisoned the political climate in Hudson, proving a harmful distraction, diverting the city from addressing key priorities. On Nov. 6, voters in Ward 1 can change all that. They should elect George Roth and put the interests of the city first.
Copyright (c) 2007 Akron Beacon Joumal Record Number: 0710307372840
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Everything CtleveBand THHE PIAIN DEALER Editorial: Hudson councilman is out of line in feud with neighbor over water
Monday, October 29, 2007
In Hudson, politics has muddied an already bitter fight over a waterline. For many years, two homes - one owned by City Council President Brian Daley and his wife, Raija, and another owned by their neighbors William and Debra Vagas - have shared the line. That violates a city ordinance.
Butthey never knew until 2004, when the city shut off the line for repairs on one home and both lost service. They've battled over ownership of the line ever since.
The citysued, too, but it sued only the Vagases. The case, which has cost Hudson $8,000 to litigate so far, is scheduled for trial in January.
Two questions: Why didn't the city sue the council president, too, if it's so intent on enforcing its ordinance? And why is this case headed to court at all?
Mayor Bill Currin has the authority to introduce legislation that creates an exemption in the law that forbids shared waterlines, and that's just what he should do. Each house has its own meter and could be fitted with its own shut-off valve.
Meanwhile, the appearance that Daley has used his position on council to escalate a tiff with a neighbor and is using taxpayers' money to push it in court is alarming. The city of Hudson should not be footing the bill for a neighborhood feud.
© 2007 The Plain Dealer © 2007 cleveland,com All Rights Reserved.
0153
fittp:i`/www:eleveland.com/printer/printer.ssf?/base/opinion/119364661411920.xml&coll=2 10/29/2007 Hudson lawsuit has resident wondering about favoriti`sm
Posted by ,^3kr,7E October 24, 2007 02:50AM
William Vagas wants to know why the city sued him -- and not his neighbor, City Council President Brian Daley -- over a shared water line.
It's a case of special treatment, Vagas and his attorney contend. Even Mayor William Currin questions the suit.
"I am curious, as others are, of why the city solicitor -- under whatever influence was put upon him -- took the Vagases to court and not the Vagases and the Daleys," Mayor William Currin said Tuesday. "It's a potential, glaring conflict of interest of inappropriate city resources to resolve an issue." , Gity sties over water line f1,1„I t These two har7ir-5 sli orn av,,^atr:r;ane, *+.•hich i5 illeyal u,nrr in HtrCl;r.--n, so the cit^t is sl[illg Cn[' 1100ilf'n+t'.+11E>f, wfiu.h rair^^s tfli' :Jt3c +:ion: Why riot st,° kr th9 L___5
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So far, the city has spent more than $8,000 litigating the dispute between neighbors.
The city sued Vagas and his wife Debra in November, wanting their household off the Daleys' water line. The line runs from a valve on Main Street beneath the Daleys' house and connects to the Vagas' house.
But the Vagases argue their house -- built in 1892, about 50 years before the Daley home -- owns the water line. So last month they successfully petitioned the Summit County Common Pleas Court to include Daley and his wife Raija as defendants in the lawsuit.
"Ibelieve this is being pursued because Mr. Daley wants it pursued," said Thomas Loepp, the Vagas' attorney. "Why he wants it pursued is a mystery to me."
Daley, a first-term councilman who is up for re-election next month, declined to comment Tuesday. City Solicitor Chuck Riehl said allegations that he is acting as Daley's attomey are untrue, and the city would file suit for any resident.
"It's a safety issue, and that's really what we want to remedy," said Riehl, who works part-time for the city under an agreement approved by City Council. "If it was clear to the city that the line was the Vagas' line, then the situation would be different, and the city would be enforcing against the Daleys."
The Vagas house, originally a farmhand's quarters to a grand home called the Babcock House, sits behind the Daley house, which was built after a 1941 fire destroyed the Babcock House, Riehl said.
The water line has existed at least since 1930, the Vagases say. The Daleys built a garage addition over the line in 1988.
The neighbors, who Vagas said used to socialize, have separate water meters. They learned of their shared line -- illegal under a 1952 city ordinance -- in November 2004, when the city shut off water to the Daleys' house.
They've ba{tled over it ever since.
In May, the Vagases bought an easement to run a new pipe to the city-owned water main on Main Street, but they couldn't afford the copper pipe, Loepp said. They offered to put a valve on their property, so that in case of a problem, the city could turn their water off without disturbing the Daleys.
But in November, weeks before Daley became council president, the city filed suit.
Neither council nor the mayor learned of the suit until about May, when a resident sent an e-mail, said Councilman Mike Moran.
"I questioned that when I saw the complaint," Moran said. "I didn't see sufficient fact to jump to the conclusion that the water line was one party's or the other's. The lawsuit just didn't make sense in the context of the facts."
Daley's daughter, Councilwoman Kristina Roegner, said political rivals are the ones questioning the suit.
"I don't personally believe that Daley was abusing his position," she said. "I think the city would have done this for any [resident]."
The case is set for a January trial, and so far, neither side is backing down. The Vagases have filed a cross-claim against the Daleys, asking the court to grant them ownership of the water line, which they've used for 21 years. ass "It's a waste of the taxpayer's money," Moran said. "I don't want the city of Hudson to be involved in unnecessary litigation."
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Hucts®nhubtimes.com
Councilman questions city's involvement in complaint
May 23, 2007 by Laura Freeman
Reporter
Hudson -- A City Council member has suggested the city's legal complaint against Coimcil President Bri; is a private matter, but Daley and city staff members insist it is a city issue.
Councilman Mike Moran said that, unless he sees convincing evidence, he would like the city to drop its against Daley's neighbor involving a dispute over a shared water line. He said because it involves Daley, appearance the city may have acted with some influence."
City solicitor Chuck Riehl said the city is actifng on its own behalf and not representing Daley.
Daley said because he is City Council president, others are making anissue of it.
"If my home were to burn down, do I have to contact a private fire department, or can I call the city fire c asked. "Why can't I call for public services when we're talking about health and safety issues?"
In a May 16 e-mail to City Council members, Moran asked why Council was not informed of this legal a questioned why the city got involved.
The complaint involves a shared water line between Daley and his neighbors, William and Debra Vagas 1
The city filed the complaint in Summit County Court of Common Pleas Nov. 14, 2006, asking the court I to stop using the water line and to build a new one. I'he Vagases have asked that the case be dismissed. h been scheduled by press time.
The city claims the water line is Daley's, and the Vagases tie into it. William Vagas told the Hub-Times t and Daley ties into it.
They cannot share the water line because city regulations forbid it.
"I don't understand why the city is suing the Vagases when it seems unclear who owns the water line and Moran wrote in his e-mail. "Rather than having the city pay for legal costs, I would hope the two neighbc the situation was sufficiently unclear so that they should share equally in the expense of installing a new valve for one of them."
Daley said the water line is totally on his property and the Vagases have no easement to it. Daley, who in matter privately, said he has waited since 2004 for the Vagases to connect to a different water line on Sto shut off the water line under his kitchen addition. as-7
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"I probably shouldn't have tried to work it out with my neighbor," Daley said. "The city identified the prc safety issue with a live pipe under the foundation of my home."
Daley said it's an issue between the Vagases and the city, not him.
Moran told the Hub-Times he is talking with the city manager and city solicitor to gain a better understar city took action against one resident and not both.
Moran said he would ask the city to drop the complaint if he does not receive convincing evidence to con
He said the city has already paid $3,000 in legal costs for the complaint. He said a water line could have 1 the money that both sides have paid so far in legal costs.
William Vagas told the Hub-Times the water line is his because his home was built in 1892 while the Da in 1942, so he believes the water line originally ran to his house.
However, City Manager Anthony Bales said there was a different home where the Daley home is now, at originally belonged to it before it bumed down.
"It was our understanding that it was Daley's line and it goes under the Daley house and services the Vag said. "It may be found out in court that it may be different."
Riehl said the city determined the water line is Daley's because his property fronts the line and because o 2003. He said at that time, Daley paid to have a rupture in the water line repaired. He attempted to get rei city, but the court ruled the water line was Daley's responsibility.
Riehl said the city Yiled the complaint in court after Daley filed a complaint to the public service departm
Bales said Council was not informed about the complaint because it involved a code violation, not a maj(
E-mail: [email protected]
Phone: 330-688-0088 ext. 3150
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I f Everything Cleveland T^-IE PLAIN DEALER Hudson resident suspicious of city's lawsuit in neighbor dispute One neighbor sued; the other left alone
Wednesday, October 24, 2007 Laura Johnston Plain Dealer Reporter
Hudson- William Vagas wants to know why the city sued him - and not his neighbor, City Council President Brian Daley - overa shared water line.
Even Mayor William Currin questions the suit.
"I am curious, as others are, of why the city solicitor - under whatever influence was put upon him - took the Vagases to court and not the Vagases and the Daleys," Mayor William Currin said Tuesday. "It's a potential, glaring conflict of interest of inappropriate city resources to resolve an issue."
So far, the city has spent more than $8,000 litigating the dispute between neighbors.
The city sued Vagas and his wife Debra in November, wanting their household off the Daleys' water line. The line runs from a valve on Main Street beneath the Daleys' house and connects to the Vagas' house.
But the Vagases argue their house - built in 1892, about 50 years before the Daley home - owns the water line. So last month they successfully petitioned the Summit County Common Pleas Court to include Daley and his wife Raija as defendants in the lawsuit.
"I believe this is being pursued because Mr. Daley wants it pursued," said Thomas Loepp, the Vagas' attorney. "Why he wants it pursued is a mystery to me."
Daley, a first-term councilman who is up for re-election next month, declined to comment Tuesday.
City Solicitor Chuck Riehl said allegations that he is acting as Daley's attorney are untrue, andthe city would file suit for any resident. - -
"It's a safety issue, and that's really what we want to remedy," said Riehl, who works part-time for the city under an agreement approved by City Council. "If it was clear to the city that the line was the Vagas' line, then the situation would be different, and the city would be enforcing against the Daleys."
The Vagas house, originally a farmhand's quarters to a grand home called the Babcock House, sits behind the Daley house, which was built after a 1941 fire destroyed the Babcock House, Riehl said.
The water line has existed at least since 1930, the Vagases say. The Daleys built a garage addition over the line in 1988.
The neighbors, who Vagas said used to socialize, have separate water meters. They learned of their shared lihe - illegal under a 1952 city ordinance - in November 2004, when the city shut off water to the Daleys' house. 2(n0
http://www. cleveland. com/printer/printer. ssP?/base/summit/ 11932150 51203 73 0.xm1&co ll... 10/24/2007 Cleveland.com's Printer-Friendly Page Page 2 of 2
They've battled over it ever slnce.
In May, the Vagases bought an easement to run a new pipe to the city-owned water main on Main Street, but they couldn't afford the copper pipe, Loepp said. They offered to put a valve on their property, so that in case of a problem, the city could turn their water off without disturbing the Daleys.
But in November, weeks before Daley became council president, the city filed suit.
Others don't think so.
Neither council nor the mayor learned of the suit until about May, when a resident sent an e-mail, said Councilman Mike Moran.
"I questioned that when I saw the complaint," Moran said. "1 didn't see sufficient fact to jump to the conclusion that the water line was one party's or the other's. The lawsuit just didn't make sense in the context of the facts."
Daley's daughter, Councilwoman Kristina Roegner, saidpolitical rivals are the ones questioning the suit.
"I don't personally believe that Daley was abusing his position," she said. "Ithink the city would have done this for any [resident]."
The case is set for a January trial, and so far, neither side is backing down. The Vagases have filed a cross-claim against the Daleys, asking the court to grant them ownership of the water line, which they've used for 21 years.
"It's a waste of the taxpayer's money," Moran said. "I don't want the city of Hudson to be involved in unnecessary litigation."
To reach this Plain Dealer reporter:
[email protected], 216-999-4115
m 2007 The Plain Dealer © 2007 clevetand.com All Rights Reserved.
aui http://www.cleveland.com/printsr/printer. ssf?/base/summit/ 1193215051203730.xml&coll... 10/24/2007 Yahoo! Mail - duriyed4(cvyahoo.com Yage 1 ot 3
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Subject: Fw: Fwd: Who is Brian Daley?
From: Erin Duffy"
Erin Duffy (614) 205-2613 [email protected]
-----Original Message----- From: "James Hardy"
Datei Thu, 28Feb 2008 15:57:50 To:"Erin Duffy"
Erin: Here's another one for JLB. Thanks! James
------Forwarded message ------From:
Hi James,
Here are a few notes on Brian Daley. I served with him on Hudson City Council for a couple years, and continue to serve with his daughter.
Brian Daley lives at 132 S. Main Street in Hudson with his wife, Raija. They have lived there for approximately 17 years. Prior to that, they lived in Kentucky and in New York.
Brian is originally from the Boston area and he still has a Boston accent. His wife, Raija (prounounced RYE-uh), is from Finland, and she has a Finnish accent.
They have three children, all grown. Only one - Kristina Roegner - lives in Hudson. Kristina and her husband moved to Hudson around 2003.
Brian and Raija are controversial people in Hudson. Raija, especially, has voiced somewhat extreme viewpoints, including via letters to the editor. For example, Raija protested one of the early Harry Potter events by holding a sign. I believe Brian and Raija now attend a new Episcopal church on Atterbury Blvd. in Hudson, but Brian is not too religious.
xa http://us.f326.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=3884_ 13 585462_1053... 2/29/2008 Yahoo! Mail - du1tyed4(ct,)yahoo.com Page 2 ot s
worked under the radar as a Democratic election judge. Her voting record may have indicated an independent status, but when local,people realized that she was supposedly serving in the Democratic seat, she was asked to be removed from the Democratic list.
Brian is controversial for both policy and personality issues:
Personality: Brian (and his wife and daughter, for that matter) is very outspoken, never concedes mistakes, and he tries to intimidate others with a loud voice, and sometimes threats. For example, Brian was on a mission toremove a City of Hudson staff member. The authority to remove employees rests with the city manager, so Brian went in more than once and told the city manager he needed to fire the employee (just because Brian didn't like her). The city manager refused, so Brian threatened that the city manager would lose his job. Brian - on a number of occasions - said that "council" wanted certain things, when in reality he was acting on his own or with the acknowledgement of his daughter and one or two of the others on council under his thumb.
Brian actively tried to exclude the mayor of Hudson from any communications.
There are many other instances of Brian's overbearing personality being used by him in lieu of reasoned discussion to try to get his way.
One ongoing example is Brian's current dispute with his neighbor over a shared water line. Brian - through his personality - caused the City of Hudson to.sue his neighbor. The magistrate later told the city that the city must sue Brian, too, because the water line is shared. Brian and his wife, Raija, verballyaccosted their neighbors (Bill and Debbie Vagas) on multiple instances. They have an ongoing lawsuit to settle the issue of who owns the water line they share.
Brian is thought of as a bully by many.
Policy: Brian is monomaniacal aboutcutting government spending. He was a minority of one in his viewpoints in his first two years, 2003-2005, of his four-year term on council, but then recruited others supportive of him to run (his daughter, Kristina Roegner; John Logan, Tom Elicson). He gained a majority on council for 2005-2007, but he and two others running with him in.2007 (Tom Elicson and Nancy Dotson) in 2007 lost their bids.
Brian is not a supporter of public schools. In 2005 and 2006, he tried to get the construction of a new elementary school in Hudson stopped. Brian tried to convince people with whom he talked that the funding of the school was brought forward illegally. Brian strongly challenged school officials when they came to council to explain a PIP levy in 2006 or 2007. Brian has never reached out to the schools. His daughter attended private schools in the East, and she sends her kids to private school.
Two of Brian's supporters are creationist proponents in Hudson: Bob Lattimer (a state-wide proponent) and Ken Claypoole.
Brian not only thought that city officials should not work with the schools, healso demanded that the city administration not meet with the Chamber of Commerce or the HudsonEconomic Development Corporation. He called them "special interests" and "ankle-biters." AQ3 http://us.f326.mail.yahoo.com/yni/ShowLetter?box=lnbox&MsgId=3 8 8413 5 854621053....:. 2/29/2008 I a iou: viau - uuuycu+Lw,yruioo.witu rage ^) Oi o
Daley and Arshinkoff
Brian Daley became close to Alex Arshinkoff in 2006 when Brian got city council to drop an appeal to the OhioSupreme Court of the city's lawsuit against Arshinkoff for his over-sized (32 square foot) Bush-Cheney sign which exceeded the city's size restrictions. In 2007, Brian tried to quickly get a Hudson park named in honor of one of the leading Republican campaign contributors (John Ong), and he was supported by his daughter and the rest of his supporters on council, but two on council brought this to public view and Brian faced enough heat on it that Mr'. Ong finally asked that his name be removed. It was clear that this was just a political favor and not in the community interest.
Brian was not very politically engaged withthe local Republican party before 2006. But, he became quickly and deeply involved with Arshinkoff that year. Arshinkoff put him on Mike DeWine's bus to campaign with him in area in 2006. Brian also had an over-sized DeWinesign in his yard for a day or two; probably something Arshinkoff arranged, but Daley probably got it taken down knowing Hudson is sensitive to signs.
Brian's daughter, Kristina, gushed about Arshinkoff's comments about Brian at the 2007 Republican dinner. She said that Arshinkoff went on for almost a half hour about how wonderful he thought Brian and his council supporters are. There were rumors that Arshinkoff was trying to line up Brian to run for County Executive, and to line up Brian's daughter, Kristina, to be appointed to John Widowfield's state representative seat, but then Widowfield lost his Clerk of Courts race, and Brian lost his council race, and the plans seemed to have to be re-arranged.
Though Hudson has nonpartisan council elections, and though political parties had not previously been directly involved in those elections, Alex Arshinkoff contributed money to certain chosen Republicans (running against other Republicans) in the 2007 Hudson city council elections. Brian accepted money from Arshinkoff and from the Summit County Republican Party, and he also had "independent" mailings sent by the Republican party in support of his campaign. A number of people in Hudson were opposed to this.
###
http://us.f326.mail.yahoo. com/ym/ShowLetter?box=lnbox&MsgId=3 884_13585462_ 1053... 2/29/2008 SI:TMMIT COUNTY REPrt.TBLICAN PARTY
Cenn-itl.^^ Ctinttnittcc Offieer^ Secretary of State's Office - Elections Division LM than•t•. Pmloft Attn: Myra Hawkins RECEIVED 6'bairntmt ^^^ P.O. Box 2828 MQR ' D 32048 Josepli'N,tsich Columbus, QH 43216 lixrcnlirz I rce Gyirtirnuuf ' SECRETARY OF STATE . Kurt Laubioger . t b7adge Doerler tficeGliBii•Yrurn: Dear Ms. Hawkins; 9,esKnight Vioe Cbitirrearr The Summit County Republican Executive Committee acted upon the 7ovcrslaft': recommendation for the appointment of member to the Summit County Board of V7ee 411rr1rlnru7 Elections at a regularly called meeting of such committee held on Tuesday, February Robert la.iivoo 26, 2008; at the Summit County Republican Headquarters, 520 Soutfi Main Street, . ^ Secrelrrrt Suite 2437, Akron, Ohio. ramttny M. 1?rit].snn .as.cislruri Serrelrn.j, i.tmes S. ,Si3n011 . Herewith, we submit the recommendation of Brian K. Daley for appointment of member to the Summit County Board of Elections, for the four-yearterm beginning March 1, 2008 and a copy of the resolution authorizing such authorizing such Rxccritivi recommendation. Co^i^h^ittee Off7cers Sincerely yours, hlex R. lrshinholf -:^ Chrtirbraal F.veCrKive DiceL'beil`errur Dr. \Cilliam 1lemas f fCe (.^1]![LrYN!/ll Alex R. Arshinkoff, Chairman W-Ml4Vl^^ef^ tOI!f^y^^^^retary C:uol C,urtiti k Republican Executive Committee , , i•7CC<_.Clirrirnuui - Deitire H:iiilon-:-- . ViceClrrrirtirarc isaul S^i.mson ^. {fcel7iitir•nuut -^' J< Stci enKiilsatos IsslstrelSECrelirrp Kinr S. Ariiiild TreieSrn•er• :' 520 South Main Street I Suite 2437 1 Akron, Ohio 44314-1071 1 330-434-9151 1 fax: 330-434-5233 Fom No. 302 (12-07) Questionnaire for Prospective Appointment as a Member of the ' Sum-nit County Board of'Elections (Please returh YOUR RESUME with your completed form, unless you are being reappointed to the Board) Full Name (pieaeepnnU;R L1an K na le)r Date: 2-26-08 Present Home Address: ]',? South Main Street City: Huds.on 4J236 330-342-1115 briankdaley:@vahoo.co-n Zip Code Home telephone number E-mail address OateofBlrth:09-02-41 AliasesorMaidenName: None Driver'sLicenseNumber: RN558421 gS#^. 010-32-3109 Previous addresses in past ten years ftnciude years of residence, city & statel 132 South Main Strebt Hudson Ohio 44236 Business Address: None Clty: Zip Code Occupation Business telephone number When answering the rollowina quesdons, please altach addWonal sheets as necessary. 1. Are you currently holding any elected ofrice? © Yes Xp No If yes, pleasp identify. 2. Are you currently holding any appointed office for which p Yes IR No you must subsequently be elected? If yes, please identify. 3. Have you ever been convicted of a misdemeanor or felony? If yes, give details of conviction: what, when and where. 0 Yes [A No 4. Are there any circumstances which might present a conflict of interest with the administrative duties of a member of the board of elections? (see enclosed ethics policy, Directive#2D07-35) If yes, please identify. Cl Yes No 5. Please describe any employment or interests in contracts you have had with the board of elections within the last 24 months. None 6. Have you ever been required, as a candidate or campaign treasurer, to file a campaign finance report with any board of elections or the Secretary of State? . 9 Yes 17 No 7. Has a campaign in which you were involved as a candidate or treasurer ever been the subject of a referral or complaint to the Ohio Elections Commission? If yes, please explain. Cl Yes $I No 2-26-2008 Signature: ^^ / Jvv Date: Send to: Secretary of State's Office iREOP rFn Attention: Myra Hawkins P 0 Box 2828, Columbus, OH 43216 MAR 0 3 2008 oZle LP SECRL „. ," ut STATE Fann No. 300 (12-07) Recommendation for Full Term Appointment of Member of Board of Elections (For unexpired term use Form k 301) Sun-nit County Akron Ohio February 26 20 08 The undersigned Chairperson and Secretary of the q Dem. 55 Rep. Party Executive Committee of Sum,ni t County, Ohio, do hereby certlfy that at a meeting of said Executiv® Committe®, held on the 26th day of Fe]2ruary 2008 , it was resolved by a majorihj vote of the members thereof that M Mr. Political Party Affiiiation q Mrs. q Dem. q iys, Brian K. Daley 10 Rep. Birthdate 09-02-41 132 South Main Street SheN yq Numbxur RaPI Rpde Hudson Ohio 44236 alqr or vftpe np ooda Residence Telephone: 3 3 0- 3 42-1 1 1 5 Office Telephone: who is an elector quaPitled and competent to perform the duties of such office, be and is hereby recommended for appointment as a member of the Board of Elections for said county for the full term beginning March 1, 2008 and ending February 29, 2012. cnairyerson Alex R. Aq%hinkoff The address of the Ctrairperaon and Secretary must be peovEded. 520 Soutli MAinnStreet Akron Ohio 44 Add'8'= 44311 Suite 2437 Send to: Secretary of State's Office - Elections Div. Attn: Myra Hawkins P. 0: Box 2828 Columbus, OH 43216 520 South Main Street Akron Ohio Add`r'a 44311 Suite 2437 ^LQ-7 RESOLUTION BE IT RESOLVED, by the Summit County Republican Executive Committee, Brian K. Daley, an elector qualified and competent to perform the duties of such office, be and he is hereby recommended for appointment as a Member of the Board of Elections for Summit County, Ohio for the term beginning March 1, 2008 and ending February 29, 2012. BE IT FURTHER RESOLVED: that the Chairman and Secretary of said Executive Committee, be and they are hereby authorized and instructed to send to the Secretary of State a certification of the action taken by said Executive Committee; and said Brian K. Daley is an elector qualified and competent to perform the duties of such office, and that this resolution was passed at a meeting of said Executive Committee by a majority vote of members thereof. Akron, Ohio, February 26, 2008 I hereby certify that the foregoing is a true and correct copy of the Resolution passed by the Summit County Republican Executive Committee on February 26, 2008. Alex R. Arshinkoff Jack Morrison, Jr. Chairman, Republican Executive Committee Secretary, Republican Executive Committee Summit County, Ohio Summit County, Ohio ^^^^^AXED MAR 0 3 ^^!(18 StUtsL ir+h r UF STATE Form No. 300 (12-07) Recornmendation for Full.rI'erm Appointment of Member of Board of Elections (For anexpired term use Form # 301) Su-n-ni t County Akron Ohio February 26 , 20 08 The undersigned Chairperson and Secretary of the q Dem. Rep, Party Executive Committee of S, m-n; County, Ohio, do hereby certify that at a meeting of said Executive Committee, held on the 26th day of Febry ary , 2008 , it was resolved by a majority vote of the members thereof that ® Mr. Political Party Affiliation q Mrs. q Dem. q Ms. Brian K. Daley M Rep. Birthdate 09-02-41 132 South Main Street Street arM Number ar Rurol Route Hudson Ohio 44236 Ciry arMllage ZIp Code Residence Telephone: 3 3 0- 3 4 2-1 1 1 5 Office Telephone: who is an elector qualified and competent to perform the duties of such office, be and is hereby recommended for appointment as a member of the Board of Elections for said county for the full term beginning March 1, 2008 and ending February 29, 2012. Chairperson Alex R. Ar^ffiinkoff The address of the Chairperson and Secretary must be provided. 520 South MaiunStreet Akron Ohio 44 Address 44311 Suite 2437 Send to: Secretary of State's Office - Elections Div. Attn: Myra Hawkins P. O. Box 2828 Columbus, OH 43216 520 South Main Street Akron Ohio Address ^^r,P%r` 44311 Suite 2437 MAR 0. 3 2008 SECFs;..r,,. . , JiNTE Form No, 350, Prescribed by the Secretary of State (12-07) ETHICS POLICY ACKNOWLEDGMENT FORM To be completed by members and employees of the Ohio boards of elections and employees of the secretary of state. For board of elections members and employees, a copy of this completed form is to be filed with the Secretary of State's Election's Division. For Secretary of State employees, return the completed form to your supervisior. Directive 2007-35 I Brian K. Daley hereby acknowledge that I have reviewed the (Printed name ofboerd member or board/sos employee) Secretary of State's Ethics Policy and Ohio ethics laws, that I will comply with the same, and that failure to comply with the ethics policy or Ohio ethics laws may result in disciplinary action, which may include dismissal for employees of secretary of state or removal for members and employees of the boards of elections. of board member or bo R E °^^I V E D MAR G 3 2008 a7o SECRETARY O'r ST1ArE Brian K. Daley !'^ ^^ ^ IVE® 132 S. Main Street Hudson, OH 44236 MAR 0 3 2008 (330) 342-1115 SECRETARY OF STATE 1987 TRW Inc., Cleveland, OH to $10 billion automotive and space & defense conglomerate 1998 Director-Finance, TRW Steering Wheel Systems, N.A. (1996-1997). Responsible for all financial and MIS functions of TRW's North American steering wheel operations, including capital equipment planning and financing. Additionally, since January 1998, I worked periodically for TRW, on a consulting basis, on various business acquisition and financial reporting matters. Manager - Intemal Audit (1987-1996). Responsible for managing numerous concurrent audits of TRW's $7.0 billion worldwide automotive operations. Also, during its 1992/1993 automotive sector restructuring, served as project finance director for the divestiture of TRW's non-core businesses in the US and Europe. In this capacity, I worked with investment bankers, tax attorneys and prospective buyers in establishing sales terms and evaluating various frnancial structuring alternatives to maximize transaction benefits. 1976 BATUS Inc., Louisville, KY to $6.5 billion subsidiary of British American Tobacco U.K., Ltd. 1987 with interests in retail, tobacco and paper Controller, Gimbel's Department Stores (1986-1987). A $500 million retailer with 20 department stores in the New York and Philadelphia areas. Director - Corporate Audit, BATUS (1983-1985). Directed the central audit function, comprised of 32 professionals, in financial, operational and EDP audits and was functionally responsible for an additiona138 auditors at operating companies. Asst. Controller - Brown & Williamson Tobacco Company (1976-1983). Established and directed comprehensive audit program for all domestic and intemational operations. Expanded audit scope to include advertising agencies, sales promotion, market research, transportation and manufacturing. Also, directed risk management department and was responsible for special financial analysis of major capital projects. 0111 Brian K. Daley - pg. 2 1973 Seeburg Industries, Inc., New York, NY to Major manufacturer and marketer of leisure time devises and consumer products. 1976 Audit Director. Seeburg Industries, Inc. Responsible for intemal audit activities of the company's manufacturing and distribution operations. - Controller Seeburg Products Division Responsible for all accounting and financial reporting functions of the division. 1971 Howard Johnson Company, Braintree, MA to A leading motor lodge and restaurant chain. 1973 Served as Audit Manager, and later as Motor Lodge Division Controller 1966 General Electric Company, Lynn, MA and Schenectady, NY to Employed in a variety of financial positions while a participant in the 1971 General Electric Company Financial Management Program. Joined Corporate Audit Staff upon completion of the program. Education/Professional BS in Business Administration (Accounting Major), Northeastern University, 1965. General Electric Company - Financial Management Program, 1968. Northwestern University (Kellogg School) - Institute for Management, 1983. Certified Internal Auditor (CIA), 1972. Kentucky Governor's Executive Management Commission, 1980. Budget Committee of the Tobacco Institute, Washington, DC, 1983. Board of Directors, National Retail Merchants Association, Audit Group, RECEP"n MAR 0 3 2008 SECRETARY OFSTATE ai z Brian K. Daley - Supplemental information • In 1998, retired as Director-Finance, TRW Steering Wheel Systems, N.A. • Through 2005, worked on a consulting basis in the-U.S. and Europe, for three large corporations. This work was in the areas of mergers and acquisitions, controllership, financial reporting and auditing. ® Served on Hudson City Council from December of 2003 until December 2007; the Iasttwo years as Council president. • Married, three children and five grandchildren R'i =:µ "§^^5, V E ® iAR 0 3 2008 SECRETARY OF STATE a73 US.POSTAGE 55:94 .y.. FLM LG ENVI9 .. FCM -onmoia^ib902iz7i08 Y .^ 02 1PUU SUMMIT COUNTY REPUBLICAN PARTY 02312521 520 S. MAIN ST., SUITE 2437 USPSO FIRST-CLASS MAIL@ AKRON, OH 44311 RETURN RECEIPT FO=CUEST® 0Yx2.20az SHIP PACKETCONTENTS TO: 1. PACKET ENVELOPE 2COVERLE7TER 3. INSfRUCTION SHEET 4. PETITION S RETURN C4RD & ENVELOPE & MAP & VOTER,LISf. ., . COLUMBUS OH 43216 Id„I,dI,iiIdi„IIJLllI,iII USPS® CERTIFIED MAILT°' aIP ^C NR^ CPl 0^ at, * &C,4tN< III III IIQ ^ 420II 43216 9171 0206 2527 3001 0Y36 86. ._ ^ ^(([G lI(A}JKInS po ^^xzgz^g 432J^ ,DIgP^3NltFP°^vR Bif'&@DI-MM-FR O6UQ® SECRG4AR'if OF STATE 180 rast Broad S¢reet, 15" floor Columbus, Ohio 43215-3726 USA Tel.: 1-614-466-2655 Fax: 1-614-644-0649 www.sos.stade.oh.us February 29, 2oo8 Mr. Brian K. Daley 132 South Main Street Hudson, OH 44236 Dear Mr. Daley: Congratulations on being recommended to be a member of the Summit County Board of Elections by the Executive Committee of the County Republican Party. I am pleased to appoint you to a four-year term beginning March 1, 2008. The Secretary of State's Office will be holding swearing-in ceremonies in various regions around the state. Please refer to the enclosed "Swearing-In Ceremonies" memo and R.S.V.P. form for additional details. Whether you plan to attend or are unable to attend, please complete the R.S.V.P. form and return it to the Secretary of State's (SOS) office as soon as you receive this letter. Enclosed you will find several important items related to your appointment that require some action on your part: • First, enclosed is your Certificate of Appointment, which should be kept in your personal files as proof of your appointment. • Second, enclosed is your Oath of Office document. If you are attending a swearing in ceremony, please bring the Oath of Office document with you and I will administer the oath so that you may execute and file it with the Clerk of Common Pleas Court in your county within 15 days of the date of your appointment (you are considered to be appointed March 1, 2008). If you are not attending a swearing-in ceremony, your oath must be executed and the completed Oath of Office document must be filed with the Clerk of Conunon Pleas Court in your county within 15 days of the date of your appointment (you are considered to be appointed March 1, 2oo8). - • Third, enclosed is a copy of the Board Member'lraining Requirements and the rule that requires formal training for Board of Elections members. Please complete and return the corresponding acknowledgement form to the SOS office within 3o days of the date of your appointment (you are considered to be appointed March 1, 2008). • Fourth; enclosed is a copy of Ohio's Ethics Laws that is required to be given to all new Board members. Please complete and return the corresponding acknowledgement form to the SOS office within 3o days of the date of your appointment (you are considered to be appointed March 1, 2008). a^s Board Member Packet Page 2 • Fifth, enclosed is a copy of the Ohio Secretary of State's Ethics Policy. Please complete and return the corresponding acknowledgement form to the SOS office within 30 days of the date of your appointment (you are considered to be appointed March 1, 2oo8). I am confident that you will find your position challenging and rewarding. I look forward to working with you. If you have any questions about the enclosed materials, please contact Myra Hawkins, at (614) 466-2585 or mhawkins0sos.state.oh.us. Once again, congratulations. Sincerely, Jennifer Brunner 7-XW BOARD OF ELECTIONS MEMBER AND REPRESENTATIVE OF THE SECRETARY OF STATE CERTIFICATE OF APPOINTMENT By virtue of the power vested in me by the laws of the State of Ohio, and as Chief Election officer thereof, I hereby appoint .d`3aian X. lOaCegs a member of the Board of Elections for the County of Sununit to serve for the Term of Four Years beginning with the first day of March A.D. 2008. 9n. J eafinweuy 40fiew4, I have caused the Seal of the State of Ohio to be hereunto affixed, and have hereunto set my hand at Columbus, Ohio on this 29" day of February, in the year of our Lord, two thousand and Eight. Secretary of State Z GOESY06 ^ fBoa'td Uzdiew Oath of Office State of Ohio Sifm.rnit County, I ss. I, Brian K. Daley, do solemnly swear that I will support the Constitutions of the United States and of the State of Ohio, that I will enforce the election laws, protect and preserve the records and property pertaining to elections, and perform my duties as a Member of the Board of Elections to the best of my ability. Signed, Sworn to and subscribed before me, this day of , in the year two thousand and eight. Signature Title of Officer Fonn No. 302 (12-07) Questi®nnai;re for Prospective Appointment as a Member of the Suirnit County Board of Elections (Please returh YOUR RESUME with your completed rorm, un/eSs you are being reappointed to the Board) FuIlName(pieasepnm);Bri3n x naye^r Date: 2-26-08 Present Home Address: 132 South Main Street City: Huds.on 8.4236.. 330-342-1115 [email protected] Zip Code Home telephone number E-mailaddress DateofBirth:09-0.2-41 Aliases or Maiden Name: None Ddvel'sLicenseNumber: RN558421 s5# 010-32-3109 Previous addresses in past ten years (include years of residence, city & state) 132 South Main Strett Hudson Ohio 44236 Business Address: None - City: Zip Code Occupation Business telephone number Wtren answering the fulloWing 4uestione, please attach addilionsl sheets as necessary. 1. Are you ctlrrentfy holding any elected office? p Yes gi No If yes, please identify. 2. Are you curTently holding any appointed office for which o Yes cR No you must subsequently be elected? If yes, please identiFy. 3. Have you ever been convicted of a misdemeanor or felony? lf yes, give details of conviction: what, when and where. q Yes ^ No 4. Are there any circumstances which might present a conflict of interest with the administrative duties of a member of the board of efections? (see enclosed ethics policy, Directive#2007-35) If yes, please identify. q Yes ^9 No 5. Please describe any employment or interests in contracts you have had with the board of elections within the iast 24 months. None 6. Have you ever been required, as a candidate or campaign treasurer, to fle a campaign flnance report with any board of elections or the Secretary of State? P Yes q No 7. Has a campaign in which you were involved as a candidate or treasurer eber been the subject of a referral or complaint to the Ohio Elections Commission? If yes, please explain. q Yes 0 No Date: 2-26-2008. Send to: Secretary of State's Office Attention:Myra Hawkins P 0 Box 2828, Columbus, OH 43216 2 "q Form No.300 (12-07) Recommendation for Full Term Appointment of Member of Board of Elections (For uueapired term use Form # 301) su-n-ni t County Akron , Ohio >iebruary 26 , 20 08 The undersigned Chairperson and Secretary of the q Dem. Rep. Party Executive Committee of Su-n-n; t. County, Ohio, do hereby certify that at a meeting of said Executive Committee, held on the 26th day of February 2008 it was resolved by a majority vote of the members thereof that ® Mr. Political Party Affiliation q Mrs. q Dem. q Ms. Brian K. Daley KI Rep. Birthdate 09-02-41 132 South Main Street Sfreetend Numberar Rurei Route Hudson Ohio 44236 Cfly orVlllage Zip Code Residence Telephone: 3 3 0- 3 4 2-1 1 1 5 Office Teiephone: who is an eiector qualified and competent to perform the duties of such office, be and is hereby recommended for appointment as a member of the Board of E(ect3ons for said county for the full term beginning March 1, 2008 and ending February 29, 2012. Chairperson Alex R. AAhinkoff The address of the Chairperson and Secretary must be provided. 520 South MAinn.Street Akron Ohio 44 Address 44311 Suite 2437 Send to: Secretary of State's Office - Elections Div. Attn: Myra Hawkins P, O. Box 2828 secretary Jack Morri Jr. Columbus, OH 43216 520 South Main Street Akron Ohio Address 44311 Suite 2437 Z.%o Form No. 350. Prescribed by the Secretary of State (12-07) ETHICS POLICY ACKNOWLEDGMENT FORM To be completed by members and employees of the Ohio boards of elections and employees of the secretary of state. For board of elections members and employees, a copy of this completed form is to be filed with the Secretary of State's Election's Division. For Secretary of State employees, retum the completed form to your supervisior. Directive 2007-35 I Brian K. Daley hereby acknowledge that I have reviewed the (Printed name of board member or board/sos employee) Secretary of State's Ethics Policy and Ohio ethics laws, that I will comply with the same, and that failure to comply with the ethics policy or Ohio ethics laws may result in disciplinary action, which may include dismissal for employees of secretary of state or removal for members and employees of the boards of elections. -(sigaacure of board member or oard/sos cifiployee) 7 (Date signed) r' -7 1987 TRW Inc., Cleveland, OH to $10 billion automotive and space & defense conglomerate 1998 Director-Finance, TRW Steering Wheel Systems, N.A. (1996-1997). Responsible for all financial and MIS functions of TRW's North American steering wheel operations, including capital equipment planning and financing. Additionally, since January 1998, 1 worked periodically for TRW, on a consulting basis, on various business acquisition and financial reporting matters. Manager - Internal Audit (1987-1996). Responsible for managing numerous concurrent audits of TRW's $7.0 billion worldwide automotive operations. Also, during its 1992/1993 automotive sector restructuring, served as project finance director for the divestiture of TRW's non-core businesses in the US and Europe. In this capacity, I worked with investment bankers, tax attosneys and prospective buyers in establishing sales terms and evaluating various financial structuring altematives to maximize transaction benefits. 1976 BATUS Inc., Louisville, KY to $6.5 billion subsidiary of British American Tobacco U.K., Ltd. 1987 with interests in retail, tobacco and paper Controller, Gimbel's Department Stores (1986-1987). A $500 million retailer with 20 department stores in the New York and Philadelphia areas. Director - Corporate Audit BATUS (1983-1985). Directed the central audit function, comprised of 32 professionals, in financial, operational and EDP audits and was functionally responsible for an additiona138 auditors at operating companies. Asst. Controller - Brown & Williamson Tobacco Company (1976-1983). Established and directed comprehensive audit program for all domestic and international operations. Expanded audit scope to include advertising agencies, sales promotion, market research, transportation and manufacturing. Also, directed risk management department and was responsible for special financial analysis of major capital projects. ^$2, Brian K. Daley - pg. 2 1973 Seeburg Industries, Inc., New York, NY to Major manufacturer and marketer of leisure time devises and consumer products. 1976 Audit Director, Seebura Industries, Inc. Responsible for internal audit activities of the company's manufacturing and distribution operations. Controller, Seeburg Products Division Responsible for all accounting and financial reporting fiinctions of the division. 1971 Howard Johnson Company, Braintree, MA to A leading motor lodge and restaurant chain. 1973 Served as Audit Manager, and later as Motor Lodge Division Controller 1966 General Electric Company, Lynn, MA and Schenectady, NY to Employed in a variety of financial positions while a participant in the 1971 General Electric Company Financial Management Program. Joined Corporate Audit Staff upon completion of the program. Education/Professional BS in Business Administration (Accounting Major), Northeastern University, 1965. General Electric Company - Financial Management Prograni, 1968. Northwestem University (Kellogg School) - Institute for Management, 1983. Certified Internal Auditor (CIA), 1972. Kentucky Governor's Executive Management Commission, 1980. Budget Committee of the Tobacco Institute, Washington, DC, 1983. Board of Directors, National Retail Merchants Association, Audit Group, 2S3 Brian K. Daley - Supplemental infonnation • In 1998, retired as Director-Finance, TRW Steering Wheel Systems, N.A. • Through 2005, worked on a consulting basis in the U.S. and Europe, for three large corporations. This work was in the areas of niergers and acquisitions, controllership, financial reporting and auditing. . Served on Hudson City Council from December of 2003 until December 2007; the last two years as Council president. • Married, three children and five grandchildren Z^y SUMMIT COUNTY REPUBLICAN PARTY February 26, 2008 Secretary of State's Office - Elections Division Attn: Myra Hawkins P.O. Box 2828 Columbus, OH 43216 VIA HAND DELIVERY Dear Ms. Hawkins; The Summit County Republican Executive Committee acted upon the recommendation for the appointment of member to the Summit County Board of Elections at a regularly called meeting of such committee held on Tuesday, February 26, 2008, at the Summit County Republican Headquarters, 520 South Main Street, Suite 2437, Akron, Ohio. Herewith, we submit the recommendation of Brian K. Daley for appointment of member to the Summit County Board of Elections, for the four-year term beginning March 1, 2008 and a copy of the resolution authorizing such authorizing such recommendation. . Sincerely yours, Alex R. Arshinkoff, Chairman k Morrison, Jn^Secietary Republican Executive Committee pu blican:Executive Committee 520 South Main Street I Snite 2437 1 Akron, Ohio 44311-1071 1 330-434-9] 51 1 fax: 330-434-5233 RESOLUTION BE IT RESOLVED, by the Summit County Republican Executive Committee, Brian K. Daley, an elector qualified and competent to perform the duties of such office, be and he is hereby recommended for appointment as a Member of the Board of Elections for Summit County, Ohio for the term beginning March 1, 2008 and ending February 29, 2012. BE IT FURTHER RESOLVED: that the Chairman and Secretary of said Executive Committee, be and they are hereby authorized and instructed to send to the Secretary of State a certification of the action taken by said Executive Committee; and said Brian K. Daley is an elector qualified and competent to perform the duties of such office, and that this resolution was passed at a meeting of said Executive Committee by a majority vote of inembers thereof. Akron, Ohio, February 26, 2008 I hereby certify that the foregoing is a true and correct copy of the Resolution passed by the Summit County Republican Executive Committee on February 26, 2008. Alex R. Arshinkoff Jack Morrison, Jr. Chairman, Republican Executive Cotmnittee Secretary, Republican Executive Committee Summit County, Ohio Summit County, Ohio 2.1W LAW OFFICES OF Donald S. Varian, Jr. ATTORNEYATIAW 195 S. MAIN STREET SUFrE 400 AKRON, OH 44308 E-MAIL: [email protected] TELEPHONE: 330-434-4100 WEBSITE: wwwvarianlaw.com FACSIMILE: 330-434-4110 March 6, 2008 Jennifer Brunner Secretary of State Attn: Myra Hawkins 180 E. Broad Street, 15' Floor Columbus, OH 43215 Dear Ms. Hawkins: Enclosed are the following documents which I have signed: 1. Acknowledgment of a copy of the Rule Establishing Board Member Training Requirement 2. Ethics Policy Acknowledgment Form 3. Acknowledgment of receipt of a copy of Chapters 102 and 2921 of the Ohio Revised Code relative to Ohio Ethics law I appreciate the courtesies you have extended to me and look forward to a productive term on the Sunnnit County Board of Elections. Respectfully yours, Donald S. Varian, Jr. Attomey at Law DSV:kj enclosures W (Please return this portion) ACKNOWLEDGMENT County .f ci, w, n.. , "r' Date Y- b - o 'ff I hereby acknowledge receipt of a copy of the Rule Establishing Board Member Training Requirements and do hereby agree to comply with the training requirements and do hereby agree to comply with the training requirements established therein. 1^ A y,y .4 c.- D S . V Aiel^4,y . 3r. Please print/type name here Signature Return to: Jennifer Brunner RECEIVED Secretary of State Attn: Myra Hawkins MAR 1 0 2008 180 E. Broad Street, 15th Floor w-_ ..., .,. ..JATE Columbus, OH 43215 2 Z'%$ JENNIFER BRUNNER OHIO SECRETARY OF STATE 180 East Broad Street, 15" floor Columbus, Ohio 43215-3726 USA Tel.: 1-614-466-2655 Fax: 1-614-644-0649 www.sos.state.oh.us Form No. 350. Prescribed by the Secretary of State (12-07) ETHICS POLICY ACKNOWLEDGMENT FORM To be completed by members and employees of the Ohio boards of elections and employees of the secretary of state. For board of elections members and employees, a copy of this completed form is to be filed with the Secretary of State's Election's Division. For Secretary of State employees, return the completed form to your supervisior. Directive 2007-35 I I^ o r1 i¢ cI S, f/ A R/A d. .9r. hereby acknowledge that I have reviewed the (Printed nazne of boerd member or boerd/sos emp oyce) _ - Secretary of State's Ethics Policy and Ohio ethics laws, that I will comply with the same, and that failure to comply with the ethics policy or Ohio ethics laws may result in disciplinary action, which may include dismissal for employees of secretary of state or removal for members and employees of the boards of elections. A (Signanrre of board membor or board/sos employee) (Date signed) Stt ^ 6U .T (County) ;... Retum to: Jennifer Brtmner MAR 1 0 2009 Secretary of State SECRETARY OE STATE Attn: Myra Hawkins 180 E. Broad Street, 15`h Floor Columbus, OH 43215 z^^ (Please return this portion) ACKNOWLEDGMENT County ,5u. Na rr 1 -1- Date ? -/o-O8 I hereby acknowledge receipt of a copy of Chapters 102 and 2921 of the Ohio Revised Code relative to Ohio Ethics law. 5i^ ti '¢-c- D s , N,i¢IC.^^f'^ • Please print/type name here Retum to: Jennifer Brunner Secretary of State Attn: Myra Hawkins RECEs^1r:n 180 E. Broad Street, 15th Floor Columbus, OH 43215 MAR 1 0 2008 SECRETARY OF STATE. 2a0 IN THE SUPREME COURT OF OHIO THE STATE OF OHIO EX. REL. CASE NUMBER: 05-0478 SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE RELATOR, vs. JENNIFER BRUNNER OHIO SECRETARY OF STATE RESPONDENT. RELATOR'S EVIDENCE VOLUME I C. TIMOTHY J. GRENDELL (#0005827) Grendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Ohio 44147 Phone No.: (440) 746-9600 Fax No.: (330) 659-2278 E-mail: r3rendellandsimonCa^yahoo.com COUNSEL FOR RELATOR SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE GLf^,Rw o^ UflLlRT SUPSEIVIL^UUkt _v.,®.^ U i^.'^^ From: 330 434 5233 Page: 1144 Oate: 212912008 4:03:12 F'nn 520 3ou(h Mpin Street, Suite 2437 Akron, OH 44311 Summit County 330-434-9151 330•434.8233 Republican Headquarters David M. Farrell To: From: Alex. R. Arshinkoff Deputy Assistant Seoretary of State Faae 614-485-7060 Pagea " Phonnr 614-985-5221 Data February 29, 2008 Rep. Executive CCommittee Appointment m of Brian K. Daley EXHIBIT ll From: 330 434 5233 Page: 2/44 Date: 21281200tl 4:u:s:1[ rm SUMMIT COUNTY REPUBLIGAN PARTY February 29, 2008 VL4 FACSIMILIs' 6.14.485.7060 Im^qil^un T. 1';nlofl Mr. David Ferrell i h,tu'n^ru Deputy Assistant Secretary of State and Director of Election i„^l!pi; n:,.,(I1 Office of Olaio Secretary of State C-^ ruNii r I irr Chairalku 180 E. Broad St -15a` Floor Columbus, Ohio 43215 1 n r i hi^itvrrrna Uad^^' Ilueflrr Subject: Summit County Repubtican Executive Committee - Membership and Meeting,Attendance. Dear Mr. Ferrell: I am writing to you in my capacity as legal counsel to the Summit County Republican Party. I understand that you have raised eertain questions coacerping the attendance at the February 26, 2008 meetimg of the Summit County Republican Party at which Brian Daley was recommended for appointment to the Summit County Board of Elections. There are severat poiuxts of which you need to be aware in regard to this meeting. First F ".rru^i.r R.C. 3501.07 does not require that a qttolunai be present at a meeting at which this type of i>ff,,- reoouameb,dation is made. In cases in which a quoram is required for appoxntments, the Ohio Revised Code specifically states this xequurement (See, e.g., R.C. 731.43 govetning municipal appointments.) Second, appointments for County officials do not require quorum. (See, e.g., R.C. 305.02 coneerlt^p$, ^ Notwithstandiong these authorities Sumtnit Cpunty YCA Republican Executive Com npittee mcet0g of the Summit County Republican Executive tissn shows that the Committee had 112 members as of F ese members ® were present at the meeting. Documentation oved from the Committee is also attached for your review: la.i hinl> >n1nld lieawur.v 520 South Main Street I Suide 2437 1 Alaon, Obio 44311-1071 1 330•434-9151 1 fnx: 330-434-5233 From: 330 434 5233 Page: 3/44 Date: 2/29l2008 4:03:13 PM I understand that you have also requested a copy of the resolutions of the Summit County Republican Central and Executive Committees wAhich were adopted at their organizational meetings which govern their operations. The mimutes recording these resolutions are also enclosed. If you have any questions concerning the foregoing, you may reach me at 330.643.0268 or 330.256.3870. I ttust this puts to rest the conaern;s that you have raised. Attohte3r!liuckingham, Doolittle & Burroughs, LLP and Legal Counsel to the Suznmit County R.epublican Pasty ^^3 CERTIFICATION OF MEMBERS OF THE SUMMIT COUNTY REPUBLICAN EXECUTIVE COMMITTEE AS OF FEBRUARY 26,2008 AND TEiE MEMBERS OF THE SUMMIT COUNTY REPUBLICAN EXECUTIVE COMMITTEE IN ATTENDANCE AT ITS MEETING ON FEBRUARU 26, 2008 In my capacity as Assistapt Secretary of fhe Summit County Republican Executive Conuaittee, I, Steven M. Kotsafos certify the following: I. C.nnmiltee Merae&e+skAV. The Members of the Summit County Repnblican Executive Committee as initially elected as showp below. Those members removed from the committee as a resnlt of deatln, moving from Summit County or change of party registratiqn are shown, below, in italics. 2086-2005 SUM141TP COUNTY REPUBIdCAN MCU1'IVE COMMTTEE (Updated 2126108 - Removals are notW in ltalics) NAME ADDRESS 1. Drew Alexander 2 Starboard Circle, Akron, OH 44319 2. Van Alexander 3646 S. Sunnyfield Dr., Copley, OH 44321 3. Renmek Andteoli 4218 Idlebrook Dr., Akron, OH 44333 4. Kim S. Amold 236 Wayne Ave., Akron, OH 44301 5. Alex Arshinkoff 466 W. Streetsboro St., Hudson, OH 44236 6. Chris Arshinkoff 608 Jarvis Rd., Akron, OH 44319 7. Howard Atwood 207 Kensington Park Circie, Tallmadge, OH 44278 8. Greg Bachman 631 Megglen Ave., Akron, OH 44303 9. Rollie Bauer 3093 Athens Road, Silver Lake, OH 44224 10. Sara Benoit 1774 Killian Rd., Akron, OH 44312 11. Maxine Blake P.O. Box 2425, Akron, OH 44309 1 12. Linda Lou Bowen 223 Houghton Rd., Northfield, OH 44067 13. Pat Boyle 135 Quaker Ridge Rd., Akron, OH 44313 14. Margaret Anne Brosnan 906 Sturbridge Drive, Aluon, OH 44313 15. Steve Brubaker 75 Barton Ave., Munroe Falls; OH 44262 16. Fran Buehholzer 654 N. Portage Path, Akron, OH 44303 17. Howard Calhoun 1781 Brookwood Dr., Akron, OH 44313 18. Mike Chadsey 2434 Wrens Drive, Stow, OH 44224 19. WilliamChris 2445 Lancaster Rd., Akron, OH 44313 20. Arthur Coates, Sr. 1132 Stoner St., Akron, OH 44320 21. Jack Cochran 1675 Slusser Road, Tailmadge, OH 44278 22. Tom Cousineau 910 Eaton Avenue, Akron, OH 44303 23. Chris Croce 542 Amberley Dr., Green, OH 44865 24. Carol Curtis 2965 Silver Lake Blvd., Silver Lake, OH 44224 25. Brian Daley 132 S. Main Street, Hudson, OH 44236 26. Mark DeMarco 2649 Grabam Ave., Akron, OH 44312 27. Gus Demaris 2154 Woodpark Rd., Fairlawn, OH 44333 28. William Demas 3290 Cnrllane Dr., Richfield, OH 44286 29. Madge Doerler 24 S. Portage Path, 91 B 30. Andrew Duff 34 Church St.., Hudson, OH 44236 3I . Tammy Erickson 2590 Belair Dr., Akron, OH 44319 32. Otha Everage 289 S. R©se Blvd., A kron, OH 44313 (REMOYED FROM THE COMM1= -,SELE BELOI[9 33. John Fink 2939 Arborry Hill Drive, OH 44286 34. WiIma Griffa 1320 Grant St., Akron, OH 44301 35. 7on Groza 968 Kertesz Rd., Clinton, OH 44216 36. CraryHagen 1312 Goodyear Blvd., Akron, OH 44305 37. Deidre Hanlon 1678 Four Seasons Df., Akron, OH 44333 38. JuliaHochsehwender 1224 Country Club Rd., Akron, OH 44313 39. Mike Hoover 564 %z E. Paige St., Barberton, OH 44203 40. Elisabeth Hurley 940 9Jesthaven Dr., Hudson, OH 44236 2 41. Joseph F. Hntchinson,7r. 2329 Stockbridge Rd., Akron, OH 44313 42. Clifford Isroff 3364 E. Glencae Rd., Richfield, OH 44286 43. Candace Campbell Jaokson 1521 Marlowe Ave., Akron, OH 44313 44. Mark Jenkins 1226 Cordova Ave., Akron, OH 44320 45. Yvonne lesser 3016 Ira Rd., Akron, OH 44333 46. Frances Kalapodis 3333 MinuetDr., Clinfnn, OH 44216 47. Bud Kissel 464 N. Portage Path, Alaon, O}.-144303 48. Les Knight 77 Stadium Dr., Talhnadge, OH 44278 49. Ronald Koehler 2668 Mayfair Rd., Akron, OH 44312 50. Mike W. Kormushoff 261 Kenwood Avenue, Akeon, OH 44313 51. Steven Kotsatos 1455 W. Market St., Akron, OH 44313 52. Maria Y.otsaos 271 N. Hawkins Ave., Akron, OH 44313 53. Kristina Kremer 121 Ravenshollow Dr., Cuyahoga Falls, OH 44223 54. Jim L.a& 600 Tamiami Trail, Akroit, OH 44303 55. Frank Larson 214 Silver Valley Blvd, Munroe Falls, Oh 44262 56. Kurt Laubinger 282 Ledge Rd., Macedonia, OH 44056 57. Robert Lintotx 333 N. Portage Path, #4, Akron, OH 44303 (REMOYED FROM THE COMMI7TEE - SEE BELOW) 58. Don Longshore 1834 Esther Avenue, AlQon, OH 44312 59. $onilaLucien 3099 Prior Dr., Cuyahoga Falls, OH 44223 60. Ted Mallo 3379 Ashton Dr., Uniontown, OH 44685 61. Steve Marks 3761 Dick Street, Magadore, OH 44260 62. Ken Masich 389 E. Park Ave., Barberfon, OH 44203 63. Joseph Masich 522 Republic Dr., Sagamore Hills, OH 44067 64. Adam Meyerson 4979 Tulip Drive, Akron, OH 44313 65. BarbaraMailer 4627 Remmingtore ,ive., Copley, OH 44321 (REMOVED FROM THE COMMITTEE - SEE I3EL0 W) 66. Chander Mohan 93 Brandywine Dr., Hudson, OH 44236 67. Jack Morrison 2938 Silver Lake Blvd., Silver Lake, OH 44224 68. Kamel Muakkassa 552 Timber Creek Dr., Akron, OH 44333 69. Steve Murphy 2561 Ashdale Drive, Twinsburg, OH 44087 3 70. 534 Fairl,awn'^lvd; tlI., Akrors,<¢H44313 71. ?Olm Qng 230 Au^4^eet,"Hndson„ 004423^ 72. Af MaeZ Dr^ecz 160 Bimme ^oad,; Alc^an OfaT d43J3 73. Dennis PmltO P.O. HoiAj4on, 0H 44,334 74. R+osanaiy P ` 1485 $^tingT^.Dx<, Akron; s3^^14^3 75. 1^£'tclktsel PreuL-k 4384M","e^^"^x:., Airon, oHi 4433 3 76. joftathon "PPailoff 710 I)c1"MA,vm, Akron, Qtk443M, 77. Antlmny arpa Jr. 978 an, fl^ ^i43^3 78. ^P^d,Jr. 494 St 79. 18^'. 2325 ^f.Y' ^, i 4 80. ^ehael 6534 S1^rbor^c;^ae^.FZudsaStr, Lli^+^?^^Ei '8]; R^y Ray 220 Lake ]'oi^i#e^r^ Alairn, ^TJ44333 82. A" Rietil 208UMap1^ ._ :^=3ta^, 41^3 ^4 , 8^. Dart Itobarl I l 745 CatvitriIr; VnvAog,a VidLs, (flH44223 84. fsloriARodisrs 4 562 4ecocogaerAdr, ;Sbaw, Qii"^4 85: xWICY • 137 Glemmer€A^e:,,Akrcam, 01Z„44333 86. Bi$ goth 3104 G^al;gR'd:, Fatrlain,;0i34#333 87. l^tliew ^cl^as^l 1694 W.iH;tam^ S-:L , U iyahvga^alls, i)H 44221 $& Msehwl Se+r 1395 &j^du , Drive,. tlkron, qn,443 :0 89. Jnlia Sigel 2367 Swail^a^ l^l ; ^Lkron, O.I3 94333 90. goLESigel ce 1007 $^•Dr.," Fairlawn, QFL"44333 91. 7617dgertctn #dA^mn, OI3 +4333 92. 1750 9- ock "T^ i,ane, Akron,, ©944313 93. F.eler Spitaliigri 3087 Hndsbg4ur-nraRd HT*on,:{B,44236 94. P.^g^y Steen t 1589Tin, axwwc3"Va^^ Unionfn(IH 44685 95. rLns'Stei 510 5t Am;c^ 0ht., Akton," 44303 9C. 639 B. Batrsk t`^4^;, .liarbeitoia, % 44203 97. 575DorqF#eq't6,;,Rd ,Ai3cxon, QN4432t}' 98. 172 ^nilauvffikpi;, ^lcron, C)H44313 ^ 99. Joyce StulI 1169 Lily St., Akron, OH 44301 100. Paul Swanson 4093 GlenCairn Grove, Stow, OH 44224 101. Gary Taylor 4568 Granger Rd.., Akron, OH 44333 102. Mary Taylor 3431 Parfoure Blvd., Uniontown, OH 44685 103. Helen Thiggen 3899 Bay Path Dr., Akron, OH 44333 104 . Phil 'llwtnas 2178 E. Middieton Rd, Hudson, OH 44685 105. Jennifer Troyer 153 W. Glenridge, Akron, OH 44319 106. Sue Truby 2976 Devan Vale Dr., Cuyahoga Falls, OH 44223 107. (`rene Waddell 51 Twin Oaks, Ala+on, OH 44313 108. Arlene Wagner 79 Atterbury Blvd., #301, Hudson, OH 44236 109. Tom Waltarmire 3891 BayPath Dr., Akron, OH 44319 110. Ray Weber 4824 Stonehedge Dr., Akron, OH 44333 111. Kathryn Wertzbaugher 1017 Inman St., Akron, OH 44306 112. John Widowfield 3257 Cherie Circle, Cuyahoga Falls, OH 44223 113. Helen William 505 St. Andrews Dr., Akron, OH 44303 114. Bryan C. witliems 2834 Orchard Gmve Coittt, Fairlawn, OH 44333 115. Lou wray 63 Donce Ct., Taflmadge, OH 44278 116 . Fran Yates-Bittle 3183 Silver Lake Blvd., Silver Lake, OH 44224 117 , Ann Young 1691 Garden Place, Akron OH 44312 5 E. IntdierllVnunber ofMenrbers and Detrrils Concernins Members Removed Based upon the initial election of the Summit Cqunty Republican Executive Committee by the Summit County Republican Ceafral Committee at its organizational meeting in 2006, there vvere F 117 members of the Committee. As of February 26, 2008 there were 112 members of the Summit Couuty Repubfican Executive ^ Committee as a result of death and removals from the committee. The following individnals have been removed frflm the Sumrnit County Republican Executive Committee, as a result of their death, moving out of Summit County or change of paty registration: No. Name Reason for Removal 32 Otha Everage REF #1 - REMOVED - Vated in Septeanber 11, 2007 Democratic Primary. As a result, W. Everage has become a reg}sfemd Democrat and is thus automatically nmoved as aM=ber of the Summit County Republican Bcecutive Committee. 57 Robert Linton REF #2 - REMOVED - DECEASED (Date of Death: February 8, 2008.) 65 Barbasa Miller REF #3 - REMOVED - DECEASED (Date of Death: September 21, 2007.) 72 Michael Oravecz REF #4 - REMOVED - W. Oravecz moved from Summit County to Brecksville, Ohio (Cuyahoga County, Ohio). He initiated a divorce acEion in Cayahoga Connty as a resident thereofon August 29,2006. As a result, Mr. Oraveaz was thus automaiically removed as a member of the Summit County Republican Executive Committee. i 75 Micltael Pavick REF #5 - REMOVED - DECEASED (Date of Death: September 1, 2007.) III. dferabers of the Summft Countv Reyubliean EScecutive ComwWee in atendance at its Febrnaru A 2808 Meedng. 57 Members of the Sunrmit County-Republican Executive Committee attended its February 26,2008 meeting. Their names are listed below. 1 Kim Arnold 2 Alex R Arshinkoff 3 Chris Arshinkoff 4 Max)ne Blake 5 Pat Boyle 6 Margaret Brosnan 7 Steve Brubaker 8 Michael Chadsey 9 William Chris 10 Arthur Coates 5r. 6 John Cochran Tom Cousineau Brian Daley Gus Demaris Madge Doerler A Andrew R Duff Tammy Erickson Gary Hagen Deidre Hanlon Joseph Hutchinson, Jr. Candace Campbell Jackson Mark D Jenkins Yvonne Jesser Ronald Koehler Miahael Kormushoff Maria Kotsatos Steven Kotsatos Jim Laria Frank Larson Charles Steve Marks Joe Masich Ken Masich Chander Mohan Jack Morrison Denny Parks Rosemary Passeos Michael Pryce Don Robart Gloria Rodgers Nancy Rosche Michael R Setder, MD Jufra Sigel Soott Sigel James S Simon Marilyn Slaby Peggy Steen John St.einhauer Soot Stevenson Michael R Stith 7 50 Mafy Stormer 51 Jayoe Stull 52 Jennifer Troyer 53 Sue Truby 54 John WidowField 55 Bryan C WilGama 68 Helen WilNams 57 Ann Young I hereby certify that ihe attached listing of the members of the Summit County Republican Executive Committee and the members removed fiom the Summit County Republiean Exeoutive CammittPe as a result of the;r dea8i, moving out af. Summit County a' change of party regisbaiion is true and aceucate as of February 26, 2008. Steven M. Kotsatos, Assistant Secretary Snmmit County Republican Executive Committee 8 F,.Rlm: $30 4345233 -,PBg®: 1,2144 Date: 2129/2008 4:03: t6PM ®hixuariaa and 6uest Books for "paviek" l5aqrclr ileer+.ks _ Ppqe s of 1(z mtai reaui(s lShpt,y ZS .^_camplete aotices Aper peger PavRck, Midhaei J. ^VVlewl5i9n Ouest Book ownJ Michaal J. Pavick Mltttaet J. PaWck, age 83, was born Oat, 8, 1423 ;antl pa3sed away Srpt. 1, 2007. ' i► IiR.lnnn YPClilcn* ni A4mn Mi4e nraM„aiM hnm C:...iM u,nh C^I.w.r and rayBideu his &A end Ww dpgPEB from Ohla St#_e Unwersity. Mlke Vies 4aptaln of the phkl State fpncltrgTeam amd YdrWty 0" Nitr He ivig.'ari N{4tst§`nt #t^iYrnay (10efel,- en YMMOd1 I`onlr, otfiJhlo and pXachbed 14wfor awn5'z yebm.mike yy^an eu[d Ohio ^tb4il ^ttr apd t^ket hv1d^ ^pd 9n ^niryii4^gstIc iiahd rapher uhd'. }Idd 3n death tsv-,Fiis bratner..]ahn and ststeis znn.:iwa,nn. anii. ipe.,ne"isrsutvivad by nis:Wd! df`59Years, C3erNtH&'iiasl ofeJmas Ohto aMnl s^ilitlihri;;i)a'sM=PSvfdlt (Heahcr) Snif'Flatlcy Ry1a60-Pec}ifF (Dfli)';'jg+andc(itldrer, sh, 7aeltle, 3in6le, aN/*rchapl; arid taur^reat- prandchlltlren. ` 1 Lauiirg heurs, are Thursday; Btd 8 p.ryl. at the W1An-Quigleyt EtriaJlo & tarr funer^h_l^onstg, ^:'^;^.r Nlger IrlavKni and ^.ehirC CUJiqrbl sefvr{a wJll 6e h41tl FrictQ 7^ Noori. int tiniet^t ae Ctiplnytet^ 4a [tsp vr (foWers. don$tf5Is iri h1e, me +iary YfJay; be mebe to the' Flo^pic^i V^i',`S. W Ceptey or the. Athlfltan Hee?t Assactet^An.. ^ ...... : ,. ^.,. . .. .:-,. ,. Pub1lsheU:inV1mAIQan eeeCOn 3oumal from B)4J`^oa7 - B/6/2007: Notice • Gulsl9ook • Funeral home irtfo • Elowers - Gilt Shop t0,3y'6 AkriSn OBa6Gr, Jtipr/Wl (ehituarlls Quektiqnk-nhoutvhilu811a5 ort3EYest Bpoks7 Contact Legacy.com od#Wtt5nedterelwtda.'...... REAL Ciides ... ,,^r7p LtlfYl?:C^1"CoiNacf U§IfaCmitlc ' . . Atlua Ohbkan IACvOrtlee (TartG! o1Uea a Rkhcy S4ik?nxR a Ocpyripnt^^, 47.:`fq7NVAkaY.f*0.or3Jb{Vn91•43E,•Ey,H*ng6OK9et.Akmn.*rylb4d."+P ^.. .. , r _...__. PCI,)^ fC r vul. Jav v:n azoo rnge: ia/yy Udle. IJGVILUUp 9.YJ. Iv r rv1 0 B. DFCOSED.. ^^.",."" ONW1W?T6.; -:: OM617[ C}#IiStU1N'CFAIRCH ® !i.iJnfes 0"o; 1910t/tl7'.:'; ^C^'C^Sletiom • . ll,l.^?ID6^:'.,+YyseriSae ►Pplic,di3on. t^'^zzim> u.,..Ta^: s ^:: '.^^5 "^:.". ^3 From: 330 434 5233 Page: 14/44 Date: 2/29/2008 4:03:16 PM rf h1YMn CpMTT^^Try GI@Afcx• eQMU nF EIELTIEBe MPPd1T R eh' 3V59 MRMw vCiV ^ 1^ 1f^lreMs sTOx^ ON ^ ' B.-rk•^P r .^.m„•..v - .'^(,qE'J^L c.,. !^; ^ i1t Ms77a3 .^Im,.:l.:, wi `-^R7ZR•N . .. [i00 MBOR CLb1UR..^...... ^-.--._®J'AliBiF--CPJflRWT C J^R, . *4fraeura, an ^I9F'• • 77M ETRE£f. !" M14114fM3 'cU1''M06k t+us, N . C ^y .TOI'fFl]!.-otoroTRP'C--. ... 76 t. WLEN1E MWNE -- irarAlz ...... ^^M^.....,. aN . . . ,; ..^'e'-N _ 'fo(SSr.!3ll ^-_'.^^9Ip igp- iFK9T3I ^^.^,mcn xxLS, aw ^ . "09/QfliWO ^W7iC/^00J^"51b-^hAQOn vs+aenv^ narnrraocr-^^ fUrMM xN19, d/ c _.... r$ Ro^xrsTwmrre art^ °Ba" °°u d `v^ C ^ ) ^fJr1n `^TN, GN 4•--RwROQf-wu..C-__•-- ^rrrunu¢q-L^-1G^ (^+ ^- BlL^21[ tw,^e, p^ --..^.__.. . . ^pyT I^.V MIVE (, ^ ^ YMBf ONA1W^ 7W^.'q9ETR'T ^.. I w-- V r^'Y.' IY ^ BJa' ^eI6"^3C' ORSEn. W IJ E: RF^HMgINIq[C6' -(Y{p'NTry lNIR pplV^ STON. Wi •^.'^.C-B^T-^s' ...... 31TTONRSL'CAIlOE•. . COV[MTqYr dl YµJ,MppE, d1 30^ From: 330 434 5233 Page: 15144 Date: 2/2912008 4:03:17 PM Miller, 8arbara pabaey Frye lWiew/Sign Guat Book BBrbata Dabaey Frye Miller Barbara Dabney Frye Miller, 72, died Septembor 21, 2q07. S Sha witl be remembered for her positive, outgaing peraonaitry and the way she made others feel at ease, genuineiy listening to aach person, whethe,r they were a life-long friend or a casual acquaiMance. Bom In Akroh, October 27, 1934, Barbara graduated from Bi&htel High School and attended Duke tJniversity and the Univetaity of Akron, becomiitg a meniber of Della Gamma Fratemity. While raising five children, she vdlunteeredl In sotivRies ranging from Girl Stiout'Lsader to WITAN member to Akron Bar Assmciation Auxiliary rneniberatud. past president. After many years working behind-the-scenes fprlocal, stBite end-rtat►rxtal FRepubliean candidatescin'4975 shebecame'the fuli- flme Administrative Aseistant to the Summit Courny Republican Partq Chainnan. She has been a del¢gate to the National Republican Party Converitian, a member and Vice Chalmnan of the Summit County Repubiican Central andExecutive Committees, Surrimjt County Republican Women's Chairwoman ahct Chairwoman Emeritus. In 19801 sthe began an 11 year tenure as bailBf to Judge;James Murphy. From 1992 untii hpriretiremem in 2002, she worked es Supervisorlafithe Civii Division of the AkrortMunloipal Clerk of Courts o8ioe. Barb was preceded an death by parents, Bemard C. Frye and Mildred Trussell Frye; and daughter, Frendes Miller. She is survived by daughters, Debby Bent and Ginny McKalvey; sons, Je^(Cheryl) and Christopher Miller; grandchiidren, IAmy and Andrew Bant, Jassland Meltsea Miller, Micttaei and Ally MoKelvey; and great- grandson, Jacob Miller, sister, Nancy Beeciiar ard family; and broiher, Bemard C. Frye.Il (Karen) and family. Calling hours wNi be heid Thursday, September 27 from 4 to 8 p.m. et Dunn-Quigley, Ciriello & Carr. Faidawn Chapel. 39 S. Miller Rd. MasB of Chnstian!Budal at 10 a.m. Friday, SeptembCr 28 at St. Sebastian Catholic Churoh. Intennentiat Holy Cross Cemetery. In lieu nflflowers, donations may be made to the Barbara IMlller Memorial Fund, c% 39 S- Miller Rd., Fairlawn, Ohio 44333. ^ .iL wP ^A,^4" 1^'AM!{... •. . . Publiahed in thF Ad'[ron.i3eacon ]ournal from 9/23/2007 - 9/26/2007. Notiac • Guest Book -lunseral home ieiv • Flowers • Gitt Shap Miiter, 8arbara Deboey Frye Mvipty/Sign Oucst Book Barbara Dabaey FryeIvfilier Barbara Dabney Frye Miller, 72, dled September 21, 2007. Calling hours wilLbe heid TODAY, September 27 from 4 to 8 p.m;.{A TIME FOR REMEMBRANCF 7. p.M.) at Dunn-puigtey, Ciriello & Carr Fairlawn Ghapel, 39 S. Miller Rd. Mass of Christian BUNal at 10 a.m. Frlday, September 28 at St. Sebastian Cathollc Church. Intennent at Holy Cross Cemetery. In lieu of flowers, donatiens may be made to the Barbara Mifier Memorlal Fund, c/o 39 S. Miller Rd., Fairlawn, Ohio 44333. LAR'$ ! Q(11fatEYO[^4R& •YnRKiiN:p1N.F 1+14n^/I4^n^nv IAnAM! nnminhittl(^11i1fitAnne ACT^PAbonGPA1'C}IRP.RII}}A 2/29/2001 From: 330 434 5233 Page: 16/44 Date: 2/29/2008 4:03:17 PM AMIOS81Nw►^IM^! 1lNd 11rtl^11er An11tM/t FWd1MVMk ot •A*W-11~ I .. _.. . _..,.. . _._ . . , _ .., NvM wa 11ft 307 Pio^pect 8t Erln MerM waltan 24 StKSrs• 0 44.87a !/26/2DQ7 8f811698 t^ fthw- J &WIRM 77 oN 44240 9I! 121N1929 6 96ret Jamgp Abn RRMplItE 63 Akfon, OH 44312 9M?R007 7/16/1944 ^ HH3669 2Aa WAncon Rd FA 'y A cand Kadan 82 FeMlrwn OH 44333 A/7M 8z•M t gain hranaie 9710 ta/1 7 94GI1o50 7^p! Fo. 72 II314 r3 71711W6 2 nw DrWa M pndrew BWM Mppro W1ir2GO7 9/17/2007 udo = y sr O _qLta-m 7rw1a6o A^ f-B 72 Akran OH 44318 1 M93A 7 a7y A Jr. ' 78 t)H0 44111 Ie« 1929 a!ly37 7 8 A^kron OH 44311 ^^^-^ 1179b1YW •,,--_ Qo. dppleo a Yaus ` 84 Akw. ON tOf^Jfi apt Sffvf _ AK3-I. BS ron OH 44307 rxnn verxie A Delia Flow 8g 44312 021/ZO07 1111Mft20 aP /376/6 un Rolh • _ CH FA S-A HIZ n /Qk H-D EeiM1a MarBn BY^ene ' 73 ON IF 3 K6/1 -ts e.a na,f 1 74 OH ++zw ^ B 1464 E Avenue GNnee paimm CooeWW 76 AWnn OH 44312 WAMQU 11?l1831 OIL 7Nq7/ 1W A 3 F R mgvw 7 ON 44333 - - - E '^ 96 . AVMW, ^9x 6-0 e2 Akron, OH 4a3o6 7H I 3y/,^s y 2385 Roo FA f^1 CxrMR 92 Aluun OH 44313 413W1s1a From: 330 434 5233 Page: 17144 Date: 2/2912008 4:03:17 PM . . ^. lilYE ^^. '" • ^ '. 90 OL°YUN.... LN .. ' ...... 0}I7 .A4313 •..i ^ 7'L30'. `.4. ' g8 ^: . . ^^ . ....1r.':, . . -Al ftr'NOH. . .oH^ p=.o^p:'^ • '^ . am ® @@87I1@O7 L017167! ^^ABT`i4GTiVf7.Y.^„OALE..^.,_. REiL6Ct6 _..,QiOE-^... OF.OEkTH.. ^ dN(f01071;qeU:;^ wfl " , :. N' ....^ ^ -::.^ ti^iMESPpa.^^ 3:3TazL°'°__. O,e osioew@r r's PFAWa. 11/67/66 @..f^ wk197..,'.$iacelluu^4u.^ , ,,, D002/06! ;so} a _s1011107:.'^iiNtC?^ iqylicacia h s 4162/64 @, f{I CII Il/C?/C6.,^t1'e^![e'lppllaetioq.:. ® u$I^705.;;.'.llu?in%!R,+nA%lnecioa __.: ® I a ^^ From: 330 434 5233 Page: 18144 Date: 2129/2008 4:03:18 PM NQt4N4=A^;....Y_ ...,..- bF/3Uf1'911 A I!C*E VifTER'.^ m Fi1ti4taaoij UW00'1697M'hT. 12biW.bfGfdUMS_j I^NT[T^CER'EN7EiAl1t ^+FI}fN04ROOMBiL04186 " : q/'ld/03 H:'4r Il'1/os%a2'^ G ^ f^RiL. ' r$/4C,f07'PS k'^ . ^ xI%07^b6`o;aC:;.^:Y.,'R.,• A^{a13'^. T.1Y0$%G..^R^.6'. • J(•rr. •,1 3'r3ti!^ From: 330 434 5233 Page: 19144 Date: 2(29/2008 4:03:18 PM t )A Current 3r c/a,, ,,:rl, Oh1aowm At^>^^la ^jgwnata,ir ' 0se+e 8A°!T7° ' C^p&eGpeca9t Nawa Bporte' Buslnees EGkoi9al; tafestyle Bntartainmetd Community .'tNultimeom ClapaHkeds Obtluarlea .... Home Page I RSS 0 WHqnee QJobs QCdre QBhopping Saarch i ..^ ChOe'A eaCgOn^6^ ^ About Us I Make Us YOut Obituaries and auest i3ooka for "linton" ReRttltp ^ Page 1 Of.1 (2'totsl reauit,d) uedrCh . . . -...... _... ,. . . . I . '4haw,^: x5 comotate natices m per pagd Linton, Robert Franklin MiewlSipn Guest Book Rqbert Franklin Llnton :'Rofaert Franklin Linton a Ilfelong resldent of Akron died Febntary S. 2000. He is survived by hla wtfe of 27 years, oebotah,Cook; Unlted States Caurt of Appeals Judge, sister, Judith unton; son, jRObert F. Unton . pr.j; daughters, Christine McCornb, Dr. Anne unton,:aAd Mary Miller; and six grandchildren, Kade, Kristen, Cami, Calvln, Emily and Evan, Mr. unton wa's the managing partner of the Roderick unton law;Orm for the past thllty years, "Hls^commublty activitles' tfltluded COllegscholars, 2adps4ilvancem2M Council, untvarstty of Akron Foundation, and the Ohio-Erie Canal Way Coalition. A Memorial Mass will be heid on Monday, Febniefy 11, 2008 at 1Y NOON at St. Vtncent Catholic. church. In lieu of flowers, the family sUggests donatlons to The University of Aktion Foundation, Akron, OH 44325^2603 or the ohlo-Erie Canal Way Coalition, 520.54 MainSt., Akron 44311. FLIkIEliAL:MOI111E$ , puehehed In theAW'on aencon Jcurnat rrom 2/9/2009 - 2/17./2009. Notlce -Guest 6ook - Flowers • Gift Shop Today's Akron 6eecon Journal obltuaries Queations about obituaries or Guest 6aoks7 Contact Legecy.com Foiatlred Iq Lqu.Y.COtri. obltvan'es naHafwrae enap Locat I cieuqbdS I conbwl UaVFaeeaaA Wai ^ei-itpDAeerhx AboW Ohlo.CUtn I/Idverfse I 11nn3 O/ Uea & PMacY 8tq10nwM I Onpyd4hl fw. S^ 700^ ihe Akra^ gPacon Jauma! • a4 E Exolrmqe SMOet AMrm:. Onto d430a t.++, lPnanw rnm/nltin/0Aifi7nrieA.a8t7?Paae=SeaYckkRESUIts From: 330 434 5233 Page: 20144 Date: 2I2912008 4:03:itt rm m DOCKET INFORMATION Case Number: DR-06-312248 Csse Tltle: MICHAEL G ORAVECZ vs. LAURIE ORAVECZ Image Yevver: N.emaTIFF DOCKET INFORMATION Date Side Type Descrtptlon Image 07/25/2007 P1 $$ PAYMENT ON ACCOUNT MADE ON BEHALF OF ORAVECZ/MICHAEUG. IN THE AMOUNT OF $75.50 08119/2007 N/A CS COURT COST ASSESSED MICHAEL G. ORAVECZ BILL AMOUNT 325.5 PAID AMOUNT 250 AMOUNT DUE 75.5 NOTE: ANY ADDITIONAL COURT COST WILL BE BILLED AT A LATER DATE 05123/2007 N/A CS ABSTRACT TO STATE 05/17/2007 P JE FINAL DECREE TO COURT: 05/1712007 DECREE FOR: PLTF & DEFT COSTS TO BE PAID BY: PLTF SEPARATION AND PROPERTY SETTLEMENT AGREEMENT VOL 4862 PAGE 673-720 O.S.J. NOTICE ISSUED COURT COST ASSESSED TO THE PLAINTIFF(S). 05116/2007 N/A SC UNCONTESTED TRIAL SET FOR 05/17/2007 AT 11:30 IN CRTRM I BEFORE JUDGE TIMOTHY M. FLANAGAN. MO.# 231290 FILED ON 09/1512006 MOTION TO DISMISS 05/16/2007 N/A SC HEARING SET FOR 06/17/2007 AT 09:00 IN ROOM 51A BEFORE MAGISTRATE LAWRENCE R. LOEB HAS BEEN CANCELED MO.# 231290 FILED ON 0 911 5/2 0 0 8 MOTION TO DISMISS 05/16/2007 N/A SC HEARING SET FOR 05124/2007 AT 09:00 IN ROOM S1A BEFORE MAGISTRATE LAWRENCE R. LOEB HAS BEEN CANCELED MO.# 231290 FILED ON 0911512008 MOTION TO DISMISS 03115/2007 Dl JE MOTION IS GRANTED: IT IS ORDERED THAT THE MATTER IS SCHEDULED ON 05/17/2007 & 6124/07 09:00 AM BEFORE MAGISTRATE LAWRENCE R. LOEB ROOM 51A VOL 4832 PAGE 43 O.S.J. NOTiCE ISSUED. 03/14/2007 N/A SC FULL HEARING SET FOR 05117/2007 AT 09:00 IN ROOM 61A BEFORE MAGISTRATE LAWRENCE R. LOEB. MO.# 231290 FILED ON O9/1 512 0 0 6 MOTION TO DISMISS 03/1412007 N/A SC FULL HEARING SET FOR 05124/2007 AT 09:00 IN ROOM 51A BEFORE MAGISTRATE LAWRENCE R. LOEB. MO.# 231290 FILED ON 09115/2008 MOTION TO DISMISS 03/0812007 N/A 80 HEARING SET FOR 03/08/2007 AT 09:00 IN ROOM 51A BEFORE MAGISTRATE LAWRENCE R. LOEB HAS BEEN CANCELED MO.# 231290 FILED ON 09/16/2008 MOTION TO DISMISS 03106/2007 Di MO Di LAURIE ORAVECZ MTN FOR CONTINUANCE JOHN M DOHNER .0033102 05/29l3007 -4JNINVOYVN 02/21/2007 P1 OT P1 MICHAEL G. ORAVECZ PLTFS 1NiTNESS LIST. JILL FRIEDMAN 3i6 httn•//r.nr1nr.kP4 r.n r.nvahnoarimnfv na/n I'V nnrlcv4 ACTnr7iCniVn}=V 1n,9/70nR From: 330 434 5233 Page: 21/44 Date: 2/2912008 4:03:19 PM ^+NDV YVYBM^ HELFMAN 0038846 01/30/2007 N/A SC HEARING SET FOR 01/2942007 AT 09:00 IN ROOM 51A BEFORE MAGISTRATE LAWRENCE R. LOEB HAS BEEN CANCELED MO.# 231290 FILED ON 09/15/2006 MOTION TO DISMISS 01/30/2007 N/A SC HEARING SET FOR 01/30/2007 AT 09:00 IN ROOM 51A BEFORE MAGISTRATE LAWRENCE R. LOEB HAS BEEN CANCELED MO.# 231290 FILED ON 09/15/2006 MOTION TO DISMISS 01/2$I2007 N/A SC FULL HEARlNG SET FOR 03/07/2007 AT 09:00 IN ROOM 51A BEFORE MAGISTRATE LAWRENCE R. LOEB. MO,# 231290 FILED ON 0 9/1 512 0 0 6 MOTION TO DISMISS 01/25/2007 N/A SC FULL HEARING SET FOR 03108/2007 AT 09:00 IN ROOM 51A BEFORE MAGISTRATE LAWRENCE R. LOEB. MO,#231290 FILED ON 09/15/2006 MOTION TO DISMISS 01/26/2007 P1 JE JE FILED 1-12-07 AT VOL 4803 PG 348 IS VACATED AND SET ASIDE. PLTF'S MTN FOR CONTINUANCE FILED 1-20-06 IS GRANTED VOL 4810 PAGE 316 O.S.J. NOTICE ISSUED 01/1212007 P JE PLTF'S MOTION TO CONTINUE IS DENIED...... OSJ VOL 4803 PG 0348...NOTICE ISSUED 12/20/2006 P1 MO P1 MICHAEL G. ORAVECZ MOTION FOR CONTINUANCE...... W.. JILL FRIEDMAN HELFMAN 0038646 05/29/2007 - UNKNOWN 12/06/2006 01 JE MAGISTRATE'S ORDER ... DEFT'S MTN TO DISMISS SHALL BE TRIED ON JANUARY 29TH AND 306H, 2007. IT IS FURTHER ORDERED THAT THE PARTIES SHALL COMPLETE ALL DEPOSITIONS RELATIVE PRIOR TO THAT TIME. ANY QUESTIONS ASKED DURING THE DEPOSITIONS SHALL DIRECTLY RELATE TO THE ISSUE OF VENUE VOL 4786 PAGE 759-760 O.S.J. NOTICE ISSUED 12/04/2006 N/A SC FULL HEARING SET FOR 01/29/2007 AT 09:00 IN ROOM 51A BEFORE MAGISTRATE LARRY R. LOEB. MO.# 231290 FILED ON 09/15/2006 MOTtON TO DISMISS 12/04/2006 N/A SC FULL HEARING SET FOR 01/3012007 AT 09:00 IN ROOM 51A BEFORE MAGISTRATE LARRY R. LOEB. MO.# 231290 FILED ON 09/15/2006 MOTION TO DISMISS 11l29/2006 P7 BR P1 MICHAEL G. ORAVECZ SUPPLEMENTAL BRIEF OPPOSINT DEFTS. MOTION TO DISMISS...... JILL FRIEDMAN HELFMAN 003ae46 11/18/2006 N/A SC ATTORNEY CONFERENCE SET FOR 11/30/2006 AT 10:30 IN ROOM 51A BEFORE MAGISTRATE LARRY R. LOEB. MO.# 231290 FILED ON 09/1572006 MOTION TO DISMISS 10/26/2008 P1 OT P1 MICHAEL G. ORAVECZ NOTICE OF DEPOSITION..,,.... JILL FRIEDMAN HELFMAN 0038846 10/19/2006 Dl BR DI LAURIE ORAVECZ SUPLEMNTAL BRIEF IN SUPPORT OF HER MOTION TO DISMISS...... JOHN M DOHNER 0033102 09/29/2006 N/A SC SPECIAI. iNSTRUCTION(S) SET FOR 10/19/2006 AT 09:001N CRTRM 1 BEFORE JUDGE TIMOTHY M. FLANAGAN. Y h4M•//n.vinnkwt nn r.nvahnonnnnntv va/n (^."V 17ncket..aanx7iRnrint=Y 2/2 9/200$ From: 330 434 5233 Page: 2244 Date: 2/2912008 4:03:19 NM 09122/2006 P1 BR P1 MICHAEL G. ORAVECZ BRIEF IN RESPONSE TO DEFrS MOTION TO DISMISS...... (1N)...... JILL FRIEDMAN HELFMAN 0038846 09115f2006 D1 MO D1 LAURIE ORAVECZ MOTION TO DISMISS-...... JOHN M DOWNER 0033102 06/2912007 - UNKNOWN 08/30/2006 D1 SR 8917786 ON 08/29120061 SERVED THE WITHIN NAMED ORAVECZlLAURIE/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S. 08/79/2006 D1 SR SUMS COMPLAINT(8917788) SENT BY SPECIALPRO.CESS SERVER. TO: LAURIE ORAVECZ OLD TRAIL SCHOOL 23161RA RD. AKRON, OH 44333-0000 08l2912006 P1 SR AFFIDAVIT FOR PARENTING PROCEEDING INFORMATION. 06/29/2006 P1 SR COMPLAINT FOR DIVORCE FILED. SERVICE REQUESTED SUMMONS BY SPECIAL PROCESS SERVER TO THE DEFT. 08/2912006 D1 CS WRIT FEE 0812912008 N1A SF JUDGE TIMOTHY M FLANAGAN ASSIGNED (RANDOM) 08129/2006 P1 SF LEGAL RESEARCH 08/29/2006 P1 SF LEGAL NEWS 08/29/2008 P1 SF DOMESTIC VIOLENCE FUND 06129/2008 P1 SF DIVORCE DECREE FEE FUND 06/29/20G6 P1 SF CLERK COMPUTER FEE 08/29/2006 P1 SF CLERKS FEES 08I2912006 P1 SF DEPOSIT AMOUNT PAID TAFT STETTINIUS & 08f2912008 N/A SF CASE FILED 312, htt» //andncket_en.c.irvahnvncnr^ntv.ir.nln C'V T)nckr,4.sqmx7i.cnrinl--V 9.1791?.OOR From: 330 434 5233 Page: 23f44 Date: 2/29/2008 4:03:19 PM Summit County Executive Committee Organizational Meeting U.S. Senator Charles Dick Volunteer Center Tuesday, June 27, 2006 6:30 PM Robert Linton, Secretary of the Summit County Republaean Party, asked the members to stand while Judge Brenda Bumham Unruh gave the invocation and to remain standing while Mayor Don L. Robart led the Pledge to the Flag. Judge Brenda Barnham Unruh gave the invocation. Mayor Don L. Robart led the Pledge to the Flag. Secretary Robert Linton asked the members to be seated and to enjoy thei-r dinner. Dinner was served Secretary Linton ca11s the meeting to order and explained that Chairman Jonatban Pavloff is out of town on business and can not preside and tlaat he would be serving as temporary C.tla.irman for the purpose of electiuag permartent officers according to the Ohio revised code section 3517.O4. While serving as temporary Chairman he explained the Assistant Secretary of the Summit County Republican Central Cozpmittee Tammy Erickson would be serving as Secretary. Secretary Lmt.qn asked Tammy Eriickson, Assistant Secretary of the Summit County Republican Central Comuuttse, serviog as the Secretary to read the meeting call. Tarwoay Erickson read the meeting call. Secretary Linton asked Tammy Erickson to read the roll call. Tambtay Erickson read the roll call and the following members were present: Alex Arshinkoff Chris Arshinkoff Sara Benoit Maxine $lake Howard Calhoun Margrat Brosnan Arthur Coates Jack Coohran Tom Cousizxeau Pat Boyle 313 From: 330 434 5233 Page: 24/44 Date: 2/2912008 4:03:20 PM Carol Curtis Brian Daley Gus Demaris Tanitny Erickson Otha Everage Wilma Griffa Gary Hagen Dee Hanlion Mike Hoover Yvonne Jesser Bud Kissel Les Knight Ron KoekAler Mike Kormushoff Maria Kotsatos Steve Kotsatos Jim Lania Frank Larson Kurt Laubinger Robert Linton Don Longshore Steve Marks Joe Masich Ken Masich Barb Miller Dr. Chander Mohan Jack Morrison Denny Parks Rose Mary Posseos Anthony Petraca Matt Riehl Don L. F.tobart Ivlatt Schaad Dr. Micha.el Seider 7uiia Sigel Jim Simon Peggy Steen Scot Stevenson Joyce Stull Paul Swanson Jenny Troyer Sue Truby Gene Waddell RayWebor .. John Widowfield Bryan Williams From: 330 434 5233 Page: 25/44 Date: 21290008 4:03:20 PM Lou Wray Ann Yout).g Tammy Erickson reported the roll had been called and a quorum is present. Secretazy Linton announced that James Simon will serve as Parliamentarian for the meeting. Secretary Linton xecognized Scott Sigel for the purpose of making a motion. Scott Sigel moved that the following offiees be created within the Suaamit County Republican Executive Committee to constitute the duly elected offices for 2006 and for a term of two years: Chairman, an Executive Vice Chairman, five Viee ChairmaAt, a Secretary, A Treasarer and a Assistant Secretary, and further, that tbe Chairman receive a salary of $6,000 a month. Yvonne Jesser seconded the motion. Secretary Linton placed the motion to a vote. The motion passed unaaimously. Secretary Linton recogtiized Don L. Robart, Mayor of the City of Cuyahoga Falls for the purpose of nominating a Chairman. Don L. Robart nominated Alex Arsbinkoff for the office of Chairman. Bryan C. Williazns seconded the nominatioo.. Yvoaune Jesser moved that the nominations be closed and that the secretary be instructed to cast unanimous ballot for Alex ,A.rsltinkoff for the office of Chairman. Jack Cochran seconded the motion. Secretary Linton placed the motion to a vote. The motion passed unanimously. Secretary Linton congratulated Chainnan Alex A.rshinkoff and turned the meeting over to him. Chairman Arshinkoff thanked the naembership for his re-election. Chairman Arshinkoff recognized Les Knight for the purpose of making nominating an Executive Vice Chairman. Les Knight nominated Bryan Williams for the office of Bxecutive Vice Chairman. Don Loagshore seconded the nomination Pat Bo *le moved the nominations be closed and the secretary be instrttcted to cast a wnanimous ballot for $ryan. Vifllliams for the office of Exeoutive Vice Chairman. 315 From: 330 434 5233 Page: 26/44 Date: 2/29/2008 4:03:20 PM Steve Kotsatos seconded the :uf.otion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman .Arshinkoff recognized Jack Cochran for the purpose of nominating a Vice Chairntan. Jack Cochran nominated Dr. WUliams Demas for the office of Vice Chairman. Gary Hagen seconded the znotion. Ron Koehler moved that the nominations be closed and that the Secretary be instructed to cast a unanimous ballot for Dr. William Demas for the office of Vice Chairman. Les Knight seconded the motion. Chairnuan Arshinkoff placed the xnotion to a vote. The motion passed unazumously. Chairman Arshinkoff recognized Kim .A.rnold for the purpose of nominating a Vice Chairman. Kim A.rnold nominated Barb Miller for the Office of Vice Chairman. John Widow£xeld seconded the motion. Peggy Steen moved that the nominations be closed and that the seeretary be instructed to case a unanimous ballot for Barb Miller for the Office of Vice Chairman. Maria Kotsatos seconded the motion. Chauman A.rshinlcoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Gary Hagen for the purpose of nominating a Vice Chairctnan., Gary Hagen nomdnated Carol Curtis for the Office of Vice Chairman. John Widowfield seconded the nomination Don Longshore moved that nominations be closed and that the secretary be instructed to cast a unanimous ballot for Carol Curtis for the office of Vice Chairman. Don L. Robart seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Maria Kotsatos for the purpose of nominating a Vice --Chai[Ynft. 3►(,o From: 330 434 5233 Page: 27144 Date: 2/29/2008 4:03:21 PM Maria IC.otsatos nominated Deidre Hanlon for the office of Vice Chairmau. Dr. Chander Mohan seconded the motion. James Simon moved that the nominations be closed and tktat the secretary be instructed to cast a unanimous ballot for Deidre Hanlon for the office of Vice Chairman. Kim A.ziaold seconded the motion: Chaitxnaa Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Lou Wray for the purpose of nominating a Vice Chaizman. Lou Wray nominated Paul Swanson for the office of Vice Chairman. Anthony Pertraca seco aded the motiotx. Gus Demaris moved that that nominations be closed and that Les Knight seconded the motion. Chairman Ad'shinkoff placed the motion to a vote. The motion passed umanimously. Chainnazt Arshinkoff recognized Bryan C. WiIIiams for the purpose of nominating a Secretary. Bryan C. Williams nominated Jack Morrison Jr. for the office of Secretary. Steve iCotsatos seconded the motion. Kim Arnold znoved that the nominations be closed and that the secnstary be instructed to cast a unaniznous ballot for Jack Morrison Jr. for the office of Secretary. James Simon seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Pat Boyle for the purpose of nominating an Assistant Secretary. Pat Boyle nominated Steven Kotsatos for the office of Assistant Secretary. Mike Chadsey seconded the nomination. Peggy Steen moved that the nominations be closed and that the secretary be instructed to cast a unanimous ballot for Steven Kotsatos for the office of Assistant Secretary. Scott Sigel seconded the motion. 317 rrom: OOu 434 5L63 rage: 1C/44 ua[e: 1jtafLUUC 4:U3:L i rm Chav.man Aa'shinkoff placed the motion to a vote. The motion passed unanimously. Chairzuan Arshinkoff recognized Don Longshore foz the purpose of nonunating a Treasurer. Don Longshore nominated Kim Arnold for the office of Treasurer. Mike Chadsey seconded the nominated. Scott Sigel moved that the nominations be closed and that the secretary be insixacted to cast a unanimous ballot for Kirn .Amold for the office of Treasurer. Peggy Steen seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chainoaan Arshinkoff congratulated the neway elected officers of the Republican Executive Committee. Chairman Alex Arshinkoff Executive Viee Chairman Bryan William Vice Cbairman Dr. WiIliams Demas Vice Chaizxtaan Barbara Miller Vice Cb aix'rnan Carol Curtis Vice Chairman Deidre Hanion Vice Chairman Paul Swan son Secretary Jack Morrison Jr. Assistant Secretary Steven Kotsatos Treasurer Kim A.rnold Chairman Arsb,ip.koff introduees the new rnembers of the Summit County Republicam Executive Committee: Drew Alexander Tom Cousineau Christine Croce Brian Daley Dr. John Fink Bud Kissel Frank Laxson Don Longshore Steve Marks Steve Murphy John Ong IvJiohael Oravecz Anthony Petrarca Jr. 3ro From: 330 434 5233 Page: 29/44 Date: 2/29/2008 4:03:21 PM Dr. Miehael Seider Ann Young Chairman Arshinkoff recognized Mike Chadsey for the putpose of making a motion. Mike Chadsey moved that the Summit County Republican Executive Committee afEtm the action of the Summit County Republiean Central Committee on June 14,2006 in#hat any member of the Summit Cournty Republican Central Conunittee andlor the Sumniit County Republicaa Executive Committee who votes in a partisan party primary other than a Republican primary automatically ceases to be a member of the Sununit County Republican Central Committee aad/or the Summit County Republican Executive Committee. The motion was seconded Chairman Arshinkoft' placed the motion to a vote. The motion passed unanimously. Chairmau Arshinkoff recognized Lou Wray for the purpose of making a motion. Lou Wray moved that the Summit County Republican Executive Committee affirm the action of the Summit County Republican Central Committee on June 14, 2006 in that the Summit County Republican Executive Cornavittee be authorized to fill any vacancies that may occur on either the Summit County Republican Central Committee or the Summit County Republican Executive Committee and further that the Summit County Republican Central Committee authorized and delegated to the Summit County RepubGcau Executive Couunittee the authority to fill any vacancies that may occur as to Republican candidates and/or officeholdors a permitted by law. Les Knight seconded the motion. Chairman .A.xshinkoff placed the motion to a vote. The motion passed unamimously. Cliairrnan A,rsbittkoff recognixed Gary Hagen for the purpose of making a motion. Gary Hagen moved that the Summit County Republican Executive Comnuittee affirm the action of the Summit County Republican Central Comtnittee on Juae 14, 2006 ia that the Sutttmit County Republican Executive Committee and its officers be authorized to conduct and manage all Republican campaiga efforts and do all things necessary for the operation of said campaigns, includi.ng, but no limited to, operate a fiill-time headquarters and any other necessary auxiliary offices; conduct fundraising programs; expend monies for the conduct of campaign efforts and the operation of Republican Headquarters including any related activities thereto; and execute any aud all necessary contracts and agreements. The Summit County Republican Executive Comtnittee, by and through its duly authorized officers, sball further be and is hereby authorized to engage in all necessary actions required to conduct Republican electi.on eampaigns, and to promote Republican Party success. Maria Kotsatos seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. 311 From: 330 434 5233 Page: 30/44 Date: 2/29/2008 4:03:22 PM Chaimian Arshinkoff recogaized Jack Cochran for the purpose of making a motion. Jack Cocbran moved that that Suzuanit County Republican Executive Comraittee pledge its support to only those state and local candidates who were duly nonainated at the May 2, 2006 Republican Primary election, and any additional candidates who are endorsed by the Summit County Republican Central Committee or the Sumntit County Republican Executive Coxtazx.tittee to fill vacancies on the ticket. Kim Arnold seconded the motion. Ckzairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Ron IC.oehler for the purpose of making a motion. Ron Koehler moved that the Sum.mit County Republican Executive Conarnittee affirm the action of the Summit County Republican Central Committee on Juae 14, 2006 in that the officers of the Suunznit County Republican Central Committee in conjunction with the officers of the Summit County Republican Executive Committee continue to hold the annual Lincoln Day TJizuser, if in their judgment it is desirable to hold such an affair, and to do such other acts as will promote Republican Party success. Dr. Chandler Mohan seconded the motion. Chairman Arshiukoff placed the motion to a vote. '17ie motion passed unanimously. Chaitxnan Arshinkoff recognized Tam.zny Erickson for the purpose of AnalsJng a motion. Tammy Erickson moved that the Summit County Itepublican Executive Committee afI'ican the action of the Stuntnit County Republican Central Comuouittee June 14, 2006 in that any member of the Summit County Republican Central Committee and/or the Sununit County Republican Executive Committee who permits his or her name to be used, or his or her campaign coznmittee to be used in behalf of or solicits or gives support to or for any candidate other than a Republican candidate in any primary, or who permits his or her name to be used, or his or her campaign committee to be used in behalf ot or solicits or gives support for an candidate other than a regularly nominated, appointed, or endorsed Republican candidate in any special or general election shall automatically cease to be a nuember of the Summit County Republican Central Committee and/or the Summit County Republican Executive Committee. James Simon seconded the motion. Chairman ArshinkofPplaced the motion to a vote. The motion passed unanimously. Chairman Arshinkoff refers to vacancies on the Summit County Republxcan Central Cominattee. `J'ursuarit fiv the rules adoP byted tlie Summit Co umy Republican Central Committee at is organizational meeting on June 14, 2006 the Committee has the authority to fill those vacancies. From: 330 434 5233 Page: 31/44 Date: 2129/2008 4:03:22 rm Chainnan Arshinkoff recogqi.zed Bryan C. Williams, Executive Vice Chairman of the Sut.nn;tit County Republieau Executive Cotnmittee and Director of the Sutnmit County Board of Elections for a motion. Vice Cbaimtaza Williams moved that: John R. Tdudak of RiclifieTd Village D Thomas Pinto of,Akron 8-E Be appointed to the Sutaamit County Republucan Central Comrnitbee DoAi Longshore seconded the znotion. Chairman Arsbinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff gave his Chairman's report on the 2006 General Election and the 2006 Finance Diaaer. Chaixxnan Arshinkoff asked for a motion to adjounn. Scott Sigel moved to adjour;ci. Tom Cousineau seconded the motion. Meeting adjourned at 8:30 PM Resp®ctfiilly submitted, ick Mofrison ecretary Sumrnit Coj6tf Republican Executive Cot umittee ^1 From: 330 434 5233 Page: 32/44 Date: 2/29/2008 4:03:22 PM SYlkvM'I' COUNTY REPUBLICAN CEN'IR.AI, COMMITTEE ORGANIZATION MEETING June 14, 2006 6:30 P.M. Crown Plaza. Hotel 135 S. Broadway St. Alcron, OH Chairman, Joe Hutchinson asked the audience to stand for the iuavocation by Dr_ Deborah Owens k'ink and the Pledge of Allegiance by Clerk of Courts, James Laria. Dr. Deborah Owem k'ink gave the invocation. Clerk of Courts, James Laria led the Pledge of Allegiance. Dinner was served. Chairman Joseph F. Hutchinson, Jr. called the meeting to order. Secretazy Robert Linton read the meeting call. Secretary Linton moved that the door check be accepted in lieu of a roll calJ.. The following members were present: Akron 1-A Jean Coleman Akron 1-B Carl W Butler Akron 1-D James S Simon Akron 1-J Lbretta M Haugh Akran 1-0 Jam Laria Akron 1-P Ralph Stamer Akron 2-A Mary Azar Akron 2-D Anthony Daniels Akron 2-F Gary Fagen Akron 2-J Janet Kay Fisher Akron 2-K Janet Fisher Akron 2-L Christopher Drugan Akron 3-F Mattie McDonald Akron 3-1 Vera Lonabury Akron 3-L Lamar Swells Jr Akron 4-A Otha Everage Akron 48 Teddy Marshe Marks Akron 4-5 Michaal R Stlth Akron 4-F Sheridan Shropshire Akron 4-G Mary E. BEawart Akron 4-K Madge Doerler I Akron-4=N MlkeWrrovar_ Akron 4-P Arthur Coates Sr. Akron 4-Q Maxine Blake I From: 330 434 5233 Page: 33144 Date: 2/29f2008 4:03:23 PM Akron 5-B Carol Brown Akron 6-G Ronald Lieving Akron 5-1 John Cooley Akron 5-K Patricia Ann Lance Akron 6-C Robert Smyth Akron 6-D Anne Nixon Akron 6-J GusChamas Akron 6-K Raymond Scott Mllhoan Akrolti 6-L Don Ldngshore Akron 6-M Beatrice Lahr Akron 6-P Terri Lynn Barauskas Akron 7-A Cynthia H. Low Akron 7-D Joyce Stutl Akron 7-G David Mark Casey Akron 7-H Jill Flagg Akron 7-J Jeanette D. Sullivan Akron 7-0 Kim Arnold Akron 8-8 John 8teinhauer Akron 8-F Charles Ashcroft Akron 8-G Bob Heffern Akron 8-H Ann Mane Kormushoff Akron 8-I Irene Harry Akron 8-L Edward H Bollinger Akron 8-M Richard J Humphrres Akron 8-N Robert Linton Akron 8-0 Howard Calhoun Akron 8-R Jonathan T Pavloff Akron 8-U Jane T. Sanders Akron 9-A Donna Wolfe Akron 9-B Dawn M Steed Akron 9-D Patricia Nep Akron 9-L Joanne Marie Angeletti Akron 9-L Betty J Blackbum Akron 10-C Deborah Kay Osbome Akron 10-K Cathy Sue Struble Akron 10-M Beatrice Klein Barberton 2-B Ken Masich Barberton 2-C Scot Stevenson Barberton 6-B Wayne Alton Ault Bath Twp A Ralph Rohner Bath Twp B Ray Weber Bath Twp D Sean aafiney Bath Twp H Richard E. Sutherland Copley Twp B Albert Shelton Copley Twp C Judith Lee Obermeyer Copley Twp F Rachael Day Copley Twp M Michaei Mardis Coventry A Raymond Atexoff Coventry E Pamela Wayland Coventry F Chris Moltis Cuy Falls 2-B Matthew Schaad Cuy Falls 2-D Tamara Portnova Cuy Falls 2-E Richard Klinger Guy Falls 3-B Don Robart Cuy Fa1ts 3-D Terry A Gahring Cuy Faits 3-E Karen Foley 2 3a3 From: 330 434 5233 Page: 34/44 Date: 2129/2008 4:03:23 PM Cuy Falls 5-A Helen Struhsaker Cuy Falls 5-B Mary Louise Brannan Cuy Falls 5-C Jenniter Syx Cuy Falls 5-F Daniel T Conrad Cuy Falls 6-D Grace Ellen Jensen Cuy Falls 7-A Christy Lynn Opritza Cuy Falls 8-A Lynne Elizabeth Haas Cuy Falls B-B Melissa Wllkinson Fairlawn$=A Vivian Zook Franklin Twp A Sandra Dimasclo Franklin Twp K Cheryl Miller Green 2-B Susan Linger Green 3-A John Allen Spinelli Green 3-C Carl Mickelson Green 3-E Peggy Steen Green 4-A JenniFer Troyer Green 4-B Ina Fairchild Hudson 1-C Alex R ArshinkofE Hudson 3-D James Puflea Macedonia A Thomas Burroughs Maaedonia C Paul Fartey Macedonia E Gregory P Harris Macedonia F Kurt Laubinger Macedonia H Lam Ash Mogadore B Charles Steve Marks Munroe Falls C James lona Munroe Falls D Susan Howard MunrOe Falls F William J Mattingly New Franklin E Eleanor Bigham New Franklin I Victoria Marie MurdoCCo Norton 1-B Mary Ann Isak Norton 2-A Karen Elizabeth Stavarz Norton 2-B Robert J Caftery Norton 3-B Judy Foster Norton 4-C Mary Rose Haight Reminderville B Patrick T. McCarthy Sagamore Hills B Agnes Armstrong 8agamore Hills K Joe Masich Silver Lake B Jack Morrison Springfield B Judy Ann Howard Springfield E Tammy Erickson Springfield J Mary Lou Dodson Springfleld M Ronald Koehler Stow 1-A Lynn Slaby, Sr. Stow 1-E Matt Riehl Stow 2-C Richard A. Willis Stow 2-D Mike Chadsey Stow 3-B Karen Spoemdle Stow 3-D Saott 9ockbrader Stow 4-D Joyce Ann Amlung Talimadge 1-C Lesfie H Knight Tallmadge 2-A Howard Atwood Tallmadpe 2-C JoAnn M Wo_od Tallrnadge 3-6 Traci Ciruilo Talimadge 3-C Lawrence Clarke Tallmadge 4-6 John F Cochran 3 From: 330 434 5233 Page: 35/44 Date: 2129/2008 4:03:23 PM Talimadge 4-0 Louis Wray Twinsburg 2-B Mary Rose Gemlich Twlnsburg 2-C James Ramsey Twinsburp 3-B Steve Murphy Twinsburg Twp B Lucy Dooley The motion wasseconded. Cbairmaza Hutchinson placed the motion to a vote. The motion passed unanimousl.y. Chaiaxnan Hutchinson explained the affort by many volunteers in successfully filling the 474 precinct coznznittee positions. He thanked all of the volunteers that made this filing a success and congratulated the newly elected precinct comnzitteettten on their election. Chauinan Hutchinson explained that precinct co;rnmitteemen who for reasons of death, illness, relocation, or disquaHfication, are unable to serve theix terms, therefore creating vacancies on the committee. He noted that due to those vacancies, it becomes necessary to appoint precinct committeemen in those precincts, and that in the past, the Central Committee has customarily approved the new appointees to fi11 such vacancies by a motion. He indicated that some of the newly appointed members may be present and if so, they should be able to parti.cipate in the organizational meeting. Chairman Hutchinson asked Bryan Williarns, Director of the Summit County Board of Elections, to read the names along with the appropriate precinct desigrtation of th4se who have agreed to serve as precinct committeemen by appointment, if they are formally approved by the Comrauttee. Bzyan Williams reported that the following individuals have agreed to serve as preciunct conxmitteemen. Juanita K. Labelle Akron 5-D Sandra Vober Akron 7-N I3onna J. Mallory Akron 10-E Carolyn Ann SimpsonAkron I0-1 Patricia Ann Ley Cuyahoga Falls 4-E Richard Sistek Stow 4-E Wanda Steiner Copley Townsbip I Joni Murgatroyd Coventry I Rita Dufala Northfield Center Township A Pearl Salhany Sprin.gfield N Bryan Williams moved that "the aforementioned persons be appointed to the Summit County Republican Central Committee, and that they be permitted to participate in this organizational meeting." The motion was seconded. 4 '^A5 From: 330 434 5233 Page: 36/44 Date: 2/2912008 4:03:24 PM Chairman Hutchinson placed the motion to a vote. The motion passed unanimously. Chairman Iiutcb,inson explained, for the benefit of the members, the general procedure in organizing the Central Committee. He announced that the Committee would be electing temporary officers pursuant to Ohio law and then pezxo,anent off eers to serve the ftill term (2006-2008). He also announced that the Committee would be passing necessary resolutions for the operation of the committee. He stressecl that he would be happy to answer any questions that members had relative to those motions. Joe Masich moved that Jonathait T. Pavloff serve as temporary Chairu ►an and Robert Linton, serve as temporary Secretary for the purpose of electing permanent officers. The motion was seconded. Chairman 1-Iutchinson placed the lttotion to a vote. The motion passed unanimously. A motion was made noting the Ohio Revised Code provides for the election of a permanent Chairman, apermanernt Secretary, a Vice-Chairman, and Treasum, and such other ofti,cers as the rules of the Committee may provide. A motion was made that "in addition to the officers provided for by law, the Sumuait County Republacan Central Committee name one Executive Vice-Cliairman, thxee additional Vice-Chairmen., an Assistant Secretary, and an Assistant Treasurer." 'fhe motion was seconded. Chairman Pavloff placed the motion to a vote. The motion passed unanimously. Alex Arshiulcoff nominated Jonathan T. Pavloff for the office of permanent Chairman. The motion was seconded. A motion was made that the nominations be closed at that the Seeretary be instructed to cast a unanimous ballot for Jonathan T. Pavloff fbr the office of Chairman. The motion was seconded. Alex Arshinkoff stated that since the questi,on dealt with the presidittg officer and because he offered the motion, therefore, pursuant to Robet's Rules of Order, he would place the question to a vote. Alex Arshinkoff placed the motion to a vote. The motion passed uoaa"vnously, Jonathaa T. Pavloff resumed the chair. 5 3 &I^f From: 330 434 5233 Page: 37/44 Date: 2129/2008 4:03:24 PM Mayor Don Robart notninated Robert Linton for the office of parmanent Secretary. The motion was seconded. A motion was made that nowudations be closed at that the secretary by instructed to cast a unanimous ballot for Robert Linton for the office of per.ao.anent Secretary. Chairman Pavloff placed the motion to a vote. The motion passed unanimously. A motion was made that nominated Joseph Masich for the office of Executive Vice- Chairman. The motion was seconded. A motion was made that the nominations be closed and that the Secretary be instructed to cast a unanimous ballot for Joseph Masich for the office of Executive Vice-Chaimtan. The motion was seconded. Chait;man Pavloff placed the motion to a vote. The motion passed una»anlously. A motion was made that nominated Kurt Laubinger for the office of Vice-Chairnaazx. The motion was seconded. A motion was made that the nominations be closed and that the Secretary be instructed to cast a unanimous ballot for Kurt Laubinger fox the office of Vice-ChairtnarA. The motion was seconded. Chaizxnaa Pavloff placed the motion to a vote. The motion passed »nani,,,ously. A naotion was made that nominated Madge Doerler for the office of Vice-Chairman. The motion was seoonded. A motion was made that nominations be closed at that the Seoretary be instructed to cast a unanimous ballot for Madge Doerler for the office of Vice-Chairman. The motion was seconded- Chairman Pavloffplaced the motion to a vote. The tnotion passed uAanimously. A motion was made that nominated Les Knight for the office of Vice-Chairman. The motion was seoonded. 6 37 From: 330 434 5233 Page: 38l44 Date: 2/29/2008 4:03:24 PM A znotion was made that nominations be closed and that the Secretary be instructed to cast a unanimous ballot for Les Knight for the office of Vice-Chairman. The motion was seconded. Cbairman Pavlofl'placed the motion to a vote. The motion passed unanimously. A motion was nzade that noniinated Joyce Stull for the office of Vice-Chairman. The motion was seconded. Chairman Pavloff moved tbat noniinations be closed and that the Secretary be instructed to cast a unaniinous ballot for Joyce Stull for the office of Vice-Cltairntan. The motion was seconded. Chairman Hutchinson placed the motion to a vote. The motion passed unanimously. A motion was made that nominated James Simon for the ofEce of Treasurer. The motion was seoonded. A motion was made that nominations be closed and that the Secretary be instructed to cast a, unanintous ballot for James Simon for the office of Treasurer. Chaiunan Pavloff placed the xnotion to a vote. The motion passed unanimously. A motion was made that nominated Tammy Etickson for the office of Assistant Secretary. Tk►e motion was seconded. A motion was made that nominations be closed and that the Secretary be instzucted to cast a unauimous ballot for Tano,my Erickson for the office of Assistant Secretary. Chairman Pavloff placed the motion to a vote. The motion passed uqanimously. Chaitmaa Pavloff explaitied that after the Primary Election tesults were certified for the Precinct Committeemen, Chairtnan Arshinkoff and he appointed six members of the Summit County Republican Central Committee - tba'ee men and three women. These individuals were; Kim Aznold, Akron, 7-0 Peggy Steen, Green 3- E James Laria, Akron, 1-0 Robazt Linton, Akron; $-N Kristina Kremer, Cuyahoga Falls, 8-D 7 3Z`^ From: 330 434 5233 Page: 39/44 Date: 2/29/2008 4:03:25 PM Bryan C. Williams, Fairlawn 1-A These six individuals served as a nominating comrnittee to present a report of their recommendation of persons to constitute the 2006-2008 Sun;umit County Republican Executive Committee, with Bryan C. Williams serving as Chairman of the nominating committee. Chair►nan Hutchinson asked Bryan Williams to give a Teport of the nozninating committee. Bryan Williams announced tllat the nominating committee met on June 14, 2006 and read the following names: Drew.A.lexander Van Alexander Rennick Andreoli Kim. Arnold Alex R Arshinkoff Chris .Arshinkoff Howard Atwood Gregory Bachman Craig Bara Rollie Bauer Sara Benoit Maxine Blake Linda Lou Bowen Pat Boyle Denny Bradshaw Steve Brubaker Frances S. Buchholzer Howard Calhoun Michael Chadsey William Chris Arthur Coates Sr. Frances Cochran Jan Cook Kevin Couglilin Mike Curtin Carol Curtis Brian Deeken Mark DeMarco Gus Demanis WilGam )Deztzas Mary Lou Dodson 8 5z°I From: 330 434 5233 Page: 40144 Date: 2/29/2008 4:03:25 PM Madge Doerler Andrew R Duff Fred Eastman Tammy ?:rzickson Otha Everage Diane Fisher Howard Flood Wilma Gciffa Jonathan Groza Gary Hagen Elizabeth Hamlin Deidre Hanlon Bob Heffezn Julia Hochschwender Michael Hoover Elisabeth Hurley Joseph Hutchinson, Jr. Clifford Isroff Candace Campbell Jackson Mark D Jenkins Yvonne Jesser Francesl{alapodis Leslie H Knight Ronald Koehier Maria Kotsatos Steven K.otsatos Kristina Kremer Jim Latia Kurt Laubinger Earlene Laymon Robert Linton Lynn Loflvs Bonnie Lucien Ted Mallo Joe Masich Ken Masich Adam Meyerson Barbara Miller Chander Mohan Jack Morrison Kamel Muakkassa___ W.F. Nemer Denny Parks 9 d^J From: 330 434 5233 Page: 41144 Date: 2/29/2008 4:03:25 PM Rosemary Passeos Michael Pavick Jonathon T Pavloff Charles Pilliod, Jr. Tim Powell Bill Pzice Michael Pryce Roy Ray Matt Riehl Don Robart Gloria Rodgers Twyla Roman Nancy Rosohe Bill Roth George W Roth Matthew Schaad Julia Sigel Scott Sigel James S Simon Marilyn Slaby Peter SpitalieTi Peggy Steen John Steinhauer Soot Stevenson Michael R Stith Mary Stormer Joyce Stull Pa,il Swanson Gary Taylor Mary Taylor Helen F Tl ugpen Phil Thomas Jennifer Troyer Sue Traby Jean Unger Gene Waddell Arlene Wagner Thomas Waltezxttire Ray Weber Cathy Wegmiller Kathryn Wertzbaugher John Widowfield $ryan C Williams Helen Williams Louis Wray 10 331 From: 330 434 5233 Page: 42144 Date: 2/29/2008 4:03:26 PM Frances Yates-Bittle Bryan Williams moved that "the aforementioned imdividuals constitute the SuAamit County Republican Executive Conunittee for the ensuing two year term, 2006-2008" The motion was seconded. Chaizx= Pavloff placed the motion to a vote. The motion passed unanimously. Chairman Pavloff explained that a sexies of organizational motions are necessary so that the Cornmittee can conform to the applicable statues of the Olxio Revised Code and that he would recognize persons that would offer those motions. lie. stressed that after the motions were made and duly seconded he would be happy to answer any questions that the members may have relative to the motions. A motion was made that "any member of the Sutnmit County Republican Central Committee and/or the Sumznit County Republican Executive Com;aaittee who votes in a paz4isan party pnttaary other than a Republiean primary, autom atically ceases to be a member of the Summit County Republican Central Committee and/or the Summit County Republican Executive Committee." The motion was seconded. Chairmaa Pavioff placed the motion to a vote. The motion passed unanimously. A motion was made that "tbe Summit County Republican Executive Conaznittee be authorized to fill any vacancies that may oecu.r on either the Summit County Republican Central Committee or the Summit County Republican Executive Cotnmittee, and further, that the Summit County Republican Central Committee authorizes and delegates to the Surnntit County Republican Executive Committee the authority to fill any vacancies that may occur as to Republican candidates and/or officeholders as pezmiitted by law." The motion was seconded. ChaSrman Pavloff placed the motion to a vote. The znotion passed unanimously. A motion was made that "the Sutnmit County Republican Executive Conwmittee and its of5icers be authorized to con.duct and manage all Republieatx campaign efforts and do all things necessaxy for the operation of said campaigns, including, but not limited to, operate a fuU-time headquarters and any other necessary auxiliary offices; conduct fundcaising prograsns;.expemd monies for the conduct of campaign efforts and the operation of Republican Headquatters including any related aetivities thereto; and execute aay and all necessary contracts and agcqements. The Sumrnit Coun_ty Republican Executive Committee, by and through its duly authorized officers, shall further be and is 11 From: 330 434 5233 Page: 43144 Date: 2/2912008 4:03:26 PM hereby authorized to engage in all necessary actions required to conduct Republican election campaigns, and to promote Republican Party success." The motion was seconded. Cha{rman Pavloff placed the motion to a vote. The motion passed unanimously. Amotion was made that "the 2008-2010 Summit County Republican Central Conunzittee consist of one member from each preeinct in the County who files their Declazation of Candidacy and petition with the Summit County Board of Elections and is duly elected for a two year-term.." The motion was seconded. Chaiu'man Pavloff placed the motion to a vote. The motion passed unaWmously. .A, motion was made that "the Suuun.it County Republican Central Committee pledge its support to only those state and local candidates who were duly nominated at the March 2, 2006 Republican Prianary election and any additional candidates who are endorsed by the Summit County Republican Central Committee or the Summit County Republican Executive Committee to fill vacancies on the ticdcet " The motion was seconded. Chaisman Pavloff placed the motion to a vote. The moti6n passed unAnimously. A motion was made that "the officers of the Sumzni.t County Republican Central Committee in conjunction wi.th the officers of the Summit County Republican Executive Committee contioo.ue to hold the annual Lincoln Day Dinner, if in theiz judgment it is desirable to hold such an affair, and to do such other acts as will promote Republican Party success." The motion was seconded. Chairman Pavloff placed the motion to a vote. The motion passed unanimously. A resolution was offered that "any member of the Summit County Republican Central Committee andlor the Sunamit County Republican Exeeutive Committee who parAUits his or her name to be used, or his or her campaign committee to be used in behalf of orsolicits or gives support to or for any candidate other than a Republican candidate in any primary, or who pernuits his or her name to be used, or his or her campaign oommittee to be used in behalf of, or solicits or gives support to or for a candidate other than a regularly noztainated, appointed, or endorsed Republican oaadidate in any special or general election! shall automatically cease to be a member of the Summit County Republicani "Cemtca7 Coxiazzxittee an.d/oc the Suzroauit County Repulilican Executive ComnrAi.ttee." 12 3^ From: 330 434 5233 Page: 44/44 Date: 2/29/2008 4:03:26 PM The motion was seconded. Chairman k'avioff placed the motion to a vote. The motion passed unanimously. Chairim an gavloff congratulated the following newly elected officers of the Summit County Repnbltcam.Cen.tFalCOmmitteG; Jonathan T. Pavloff Chairman Joseph Masich Executive Vice-Chaiuman Kurt Laubinger Vice-Cbairman Madge Doeler Vice-Chainnan Les Knight Vice-Chairman Joyce Stull Vice-Chairmau Robert Linton Secretary Tamnxy Erickson Assistant Secretary James Siru.on Treasurer Chairman Pavloff thanked everyone for their eontinued support and introduced Alex Arshib.kokf, Chairman of the Surninit County Republican Executive Committee. Chairman Arshinkoff made remarks about the upcoming election. Chaimtan Pavloff announced that if there was further business to come before the Committee he would entertain a motion to adjotlrn. A motion was made to adjourn. The motion was seconded. The meeting was adjourned. Respec ,. ly submi Summit County Republican Central Cornmittee 13 TOTRL P.44 a b 1kuLGJ ul vlucl 11GV1bGu - 111 rage L OI Y ,ith the rights of a future session, as by a majority vote it may be suspended so far as it affects that session; and, it may be rescinded by a majority vote, if notice of the proposed action was given at a previous meeting, or in the notice of the meeting; or, without any notice, it may be rescinded by a majority of the entire membership, or by a two-thirds vote. If it is desired to give greater stability to a rule it is necessary to place it in the constitution by-laws, or rules of order, all of which are so guarded by requiring notice of amendments, and at least a two-thirds vote for their adoption, that they are not subject to sudden changes, and may be considered as expressing the deliberate views of the whole society, rather than the opinions or wishes of any particular meeting. In case of the illness of the presiding officer the assembly cannot elect a chairman pro tem. to hold office beyond the session, unless notice of the election was given at the previous meeting oir in the call for this meeting. So it is improper for an assembly to postpone anything to a day beyond the next succeeding session, and thus attempt to prevent the next session from considering the question. On the other hand, it is not permitted to move the reconsideration of a vote taken at a previous session, though the motion to reconsider can be called up, provided it was made during the previous session in a society having meetings as often as quarterly. Committees can be appointed to report at a future session. NOTE ON SESSION. -- In Congress, and in fact all legislative bodies, the limits of the sessions are clearly defined; but in ordinary societies having a permanent existence, with regular meetings more or less frequent, there appears to be some confusion upon the subject. Any society is competent to decide what shall constitute one of its sessions, but, where there is no rule on the subject, the common parliamentary law would make each of its regular or special meetings a separate session, as they are regarded in this Manual. The disadvantages of a rule making a session include all the meetings of an ordinary society, held during a long time, as one year, are very great. If an objection to the consideration of a question as been sustained, or if a question has been adopted, or rejected, or postponed indefinitely, the question cannot again be brought before the assembly for its consideration during the same session. If a session lasted for a long period, a temporary majority could forestall the permanent majority, and introduce and act on a number of questions favored by the majority, and thus prevent the society from dealing with those subjects for the long period of the session. If members of any society take advantage of the freedom allowed by consid ring each regular meeting a separate session, and repeatedly renew obnoxious or unprofitable motions, the society can adopt a rule prohibiting the second introduction of any main question within, say, three months after its rejection, or indefinite postponement, or after the society has refused to consider it. But generally it is better to suppress the motion by refusing to consider it [23]. 64. A Quorum of an assembly is such a number as must be present in order that business can be legally transacted. The quorum refers to the number present, not to the number voting. The quorum of a mass meeting is the number nresent at the time, as they constitute the membership at that time. The, ouorum a bod of dele ates, unless the by-laws provide for a smaller quorum, is^}ugjoritv of the number enrolle as attendinQ the convention, not those appointed. Th^uorum of anv other delihPrati.,P sembl with an enrolled member hip (unless the by-laws provide for a smaller quonnn) is a maioritv ^of all the members. h e case, however, of a society, like many religi es, where there are no annual dues, and where me ership is for life (unless it is transferred or the n are Idestruck from the 11 by a vote of the society) the r' er of inembers is nol reliable as a list of th ebo members of the iety, and in many such societies i ould be impossible to have present at a busine meeting a majority f those enrolled as members. Where ocieties have no by-law establishing a q the quorum co ists of those who attend the meeting, provl it is either a stated meeting or one that been properl \ d. • :^J http://www.robertstules.org/rror-ll.htm 12- 2/29/2008 ,rt's Rules of Order Revised - XI Page 3 of 9 n all or ' cieties the 6 iaws e as can be d on for eing present at all meetings when the weather is not exceptionally bad. In such an assembly the chairman should not take the chair until a quorum is present, or there is no prospect of there being a quorum. The only business that can be transacted in the absence of a quorum is to take measures to obtain a quorum, to fix the time to which to-adjourn, and to adjounr, or to take a recess. Unanimous consent cannot be given when a quorum is not present, and a notice given then is not valid. In the case of an annual meeting, where certain business for the year, as the election of officers, must be attended to during the session, the meeting should fix a time for an adjoumed meeting and then adjourrr. In an assembly that has the power to compel the attendance of its members, if a quorum is not present at the appointed hour, the chairman should wait a few minutes before taking the chair. In the absence of a quorum such an assembly may order a call of the house [41] and thus compel attendance of absentees, or it may adjoum, providing for an adjourned meeting if it pleases. In committee of the whole the quorum is the same as in the assembly; if it finds itself without a quorum it can do nothing but rise and report to the assembly, which then adjourns. In any other conunittee the majority is a quorum, unless the assembly order otherwise, and it must wait for a quorum before proceeding to business. Boards of trustees, managers, directors, etc., are on the same footing as conunittees as regards a quorum. Their power is delegated to them as a body, and their quorum, or what number shall be present, in order that they may act as a board or committee, cannot be determined by them, unless so provided in the by-laws. While no question can be decided in the absence of a quorum excepting those mentioned above, a member cannot be interrupted while speaking in order to nrake the point of no quonnn. The debate may continue in the absence of a quorum uritil some one raises the point while no one is speaking. While a quorum is competent to transact any business, it is usually not expedient to transact important business unless there is a fair attendance at the meeting, or else previous notice of such action has been given. Care should be taken in amending the rule providing for a quorum. If the rule is struck out first, then the quorum instantly becomes a majority of all the members, so that in many societies it would be nearly impracticable to secure a quorum to adopt a new rule. The proper way is to amend by striking out certain words (or the whole rule) and inserting certain other words (or the new rule), which is made and voted on as one question. NOTE ON QUORUM. -- After all the members of an organization have had reasonable notice of a meeting, and ample opportunity for discussion, if a majority of the total membership of the organization come to a certain decision, that must be accepted as the action or opinion of that body. But, with the exception of a body of delegates, it is seldom that a vote as great as a majority of the total membership of a large voluntary organization call be obtained for anything, and consequently there has been established a common parliamentary law principle, that if a bare majority of the membership is present at a meeting properly called or provided for, a majority vote (which means a majority of those who vote) shall be sufficient to make the act the act of the body, unless it suspends a rule or a right of a member (as the right to introduce questions and the right of free discussion before being required to vote on fmally disposing of a question) and that a two-thirds vote shall have the power to suspend these rules and rights. This gives the right to act for the society to about one-fourth of its members in ordinary cases, and to about one-third of its members in case of suspending the rules and certain rights. But it has been found impracticable to accomplish the work of most voluntary societies if no business can be transacted unless a majority of the members is present. In large organizations, meeting weekly or monthly for one 33o or two hours, it is the exception when a majority of the members is present at a meeting, and therefore it hn., //www rnherrsndes.ore/rror-1 I.htrn 2/29/2008 ,rt's Rules of Order Revised - XI Page 4 of 9 nas been found necessary to require the presence of only a small percentage of the members to enable the assembly to act for the organization, or, in other words, to establish a small quorum. In legislative bodies in this country, which are composed of members paid for their services, it is determined by the constitutions to be a majority of their members. Congress in 1861 decided this to be a majority of the members chosen. In the English House of Commons it is 40 out of nearly 700, being about 6% of the members, while in the House of Lords the quorum is 3, or about one-half of 1"/u of the menibers. Where the quorum is so small it has been found necessary to require notice of all bills, amendments, ete., to be given in advance; and even in Congress, With its large quorum, one day's notice has to be given of any motion to rescind or change any rule or standing order. This principle is a sound one, particularly with societies meeting monthly or weekly for one or two hours, and with small quorums, where frequently the,assembly is no adequate representation of the society. The difficulty in such cases may be met in societies adopting this Manual by the proper use of the motion to reconsider and have entered on the minutes as explained in 361_13. 65. Order of Business. It is customary for every society having a permanent existence to adopt an order of business for its meetings. When no rule has been adopted, the following is the order: (1) Reading the Minutes of the previous meeting [and their approval]. (2) Reports of Boards and Standing Connnittees. (3) Reports of Special (Select) Conunittees. (4) Special Orders. (5) Unfinished Business and General Orders (6) New Business. The minutes are read only once a day at the beginning of the day's business. The second item includes the reports of all Boards of Managers, Trustees, etc., as well as reports of such officers as are required to make them. The fifth item includes, first, the business pending and undisposed of at the previous adjoumment; and then the general orders that were on the calendar for the previous meeting and were not disposed of; and finally, matters postponed to this meeting that have not been disposed of. The secretary should always have at every meeting a memorandum of the order of business for the use of the presiding officer, showing everything that is to come before the meeting. The chairman, as soon as one thing is disposed of, should announce the next business in order. When reports are in order he should call for the different reports in their order, and when unfinished business is in order he should announce the different questions in their proper order, as stated above, and thus always keep the control of the business. 1- If it is desired to transact business out of its order, it is necessary to suspend the rules [22], which can be done by a two-thirds vote But, as each resolution or report comes up, a majority can at once lay it on the table, and thus reach any question which it desires first to dispose of. It is improper to lay on the table or to postpone a class of questions like reports of committees, or in fact anything but the question before the assembly. 66. Nominations and Elections. Before proceeding to an election to fill an office it is customary to nominate one or more candidates. This nomination is not necessary when the election is by ballot or roll call, as each member may vote for any eligible person whether nominated or not. When the vote is viva voce or by rising, the nomination is like a motion to fill a blank, the different names being repeated by http://www.robertsrules.org/rror-1 l.htm 2/29/2008 Gilbert, Bobbie From: Farrell, David Sent: Friday, February 29, 2008 12:54 PM To: Summit Cc: Speelman, Eleanor Subject: Constitution and/or By-laws Dear Marijean: Thank you for checking your records for a copy of the Summit County Republican Party's Constitution and/or By- laws for either the Central or Executive Committees. Although I understand a copy is not currently on file in your records, if one should be found or if a new copy is submitted to the Summit County Board of Elections, please let me know right away. Sincerely, David M. Farrell Deputy Assistant Secretary of State and Director of Elections Office of the Ohio Secretary of State 180 E. Broad Street - 15th Floor Columbus, OH 43215 (614) 995-5221 (w) (614) 485-7060 (fax) 33$ EXHIBIT 3/11/2008 Gilbert, Bobbie From: Farrell, David Sent; Thursday, February 28, 2008 4:30 PM To: Speelman, Eleanor Subject; FW: Sigel Letter and Affidavit Eleanor: Please see the e-mail below regarding Summit County. David David M. Farrell Deputy Assistant Secretary of State and Director of Elections Office of the Ohio Secretary of State 180 E. Broad Street - 15th Floor Columbus, OH 43215 (614) 995-5221 (w) (614) 485-7060 (fax) -----Original Message----- From: [email protected] [mailto:[email protected]] Sent: Thursday, February 28, 2008 4:23 PM To: Farrell, David Cc: [email protected] Subject: Sigel Letter and Affidavit I am an attomey and I am working with Mr. Scott Sigel. Attached is a letter and affidavit (that was previously e- mailed to you) from Mr. Scott Sigel, a member of the Summit County Executive Committee, concerning the recent recommendation for appointment of a member to the Summit Board of Ellections. If you have any quesions, pelase fell free the contact me or Mr. Sigel. We respectfully request that your forward this information to the Secretary of State for her urgent attention. Steven L. Yashnik Scott Sigel 3250 W. Market St, Suite 14 1007 Buinker Drive Fairlawn, Ohio 44333 Fairlawn, Ohio 44333 (330) 867-1500 (330) 414-7729 [email protected] Scott Sigel ct dKa--hoo.com Regards. Delicious ideas to please the pickiest eaters. Watch the video on AOL Living. 3/11/2008 tic.utl 1%. Sigel ?(iiC 1dnn6rr 1)r0 lit(;txl;. ()hir, }t 4,11)..41? i 721) ot1t>nirl .'4. _`f#! 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'xT.f> 22;3 j: Pfi Cll.: F, E' ci (' T'?:iR} a .. tttf;f„', f_ i.11C, } r}l;I1C II /:' ?'..h::Y r i:3t: S" 'Jol'iE, of - d`'si:i i:iia7lit-, of pS)C:t(}lr° Y,'eC7 ui ed = c:.^iTtS112 lAi::' :i '!71-T"11 coBT4i'aittr=. .nodl,...--i '."i 1Si.i€>t:J 1/1.JIC'-=t_._ r'oiraC:y Ropub1Lcar, ParEar ccmuasrki.ae,; Order. . i.IRi."!-[!':R 11PPtfl.N`: :>r't]'iSTi3 ?::At;rsH`i'. Sworn to and s,uls:;c^z°it;,,id in tny per_,:;en •: ^ February, :?Cif;n, i.n the Cnun>>a oC SL, n,:.t, iENAFi L YASi${!I( Mptuy P-.'- ^ ^ fittmmtt C<^, -*. .#to' Hk1g JU!IEf^t!sx; : ;•- $ Cra4we3n Ex;FSw . I z r! 10 ^.12 h(06 a 20E16 Executive Comrnittee 212312008 l=frst Name Last Name F#canie Phoi7e Wnck Phnc7e `lan fek;xai?der (330) 696-4670 Drew Alr;xander (330) 644-1812 (330) 643-2281 Rennick Andre^Fe3h (330) €366-6128 (330) 867..5024 /Kirri Arnold /Alex Arshinkoff (330) 690-5955 (:330) 434-'^315T VChris Arshinkoff (330) 644-7423 (330) 643-2324 Howard Atwood (330) 833-5800 Gregory Bacl7man (330) 864-2979 (330) 643-285 Roilie (330) 688-$270 (330) Sara E3ennit (-330) 644-7273 (330)643-2521 Maxine Blake (330) 864-8359 t,inda Lou Bowen (330)46^-$690 (216)597-0600 Y Pat (330) 848-1630 (330) 873-1322 V/NlargarGt A,nne (3roariaAS (330) 865-9938 (330) 253-8178 Arsvw,- t3rrrbaker i3 3Qj 6rC-','it:9i7 I=farz [3uchi;olzc.r 330-867 8:397 I-iola'3r;i Cnlftoi1;5 {1,30) 8:35-')&f39 (3 i;) =9134'.)00 Cha d;c'V (33[})a 14,1271 (330) 434-W51 ^ !tJsVaairz Chris ,3301 869 9029 (' t )i ?? ,'. jr? ^Ant^^ur Coates sr_ ±330;364-5482 {' last Narri^ Home Phone : Work Phone t ochran Torn CousineaLI (330) 864-8762 Christine Cr)c°:e (330) 95€3-2903 Carol Curtis (330) 922-1757 /Brion Daley (330) 342-1115 Mark f..7t?Nf^rCo f3ernans (330) 836-1f19 4'Villiatn Dernas, MD (330) 659-3001 (330) 375-3557 ; /MatJge Doerler (3:30) 761 -9447 Andrew I3uff Erickson (:330) (345-1839 (330)37Ei-29x.98 Fink (330) 65rJ-0778 (330} 4:34-414a ^iri('^c1 (330) >'2'`{ (1^ r^^ Graz7 Ii330) 920-3694 Mp1 6435325 1 f;'Inlon 865-9391 (330) 762-9-33 end I::30j 836 -1364 <'r Micherzl Hoover (330) 873-9871 !h ^>50-1y79 I{u 1 i i^1'ir37-.r?.^.i^j S^f ^) 8L^I-?iil3 ir V*9 2006 Executive C,nrrtmittee 2t2312(1U8 First Nanie Last M1lame. Honie Phone Work Phone C:3iHord Isrc ff (;':30) 659-3441 (:330) 668,2522 ^ Candace Jackson (330) 972-7074 Campbe0 Mark Jenkins Yvorine Jesser (330) 668-2124 Frances Kalapodis (330) 825-8190 F3ud Kisse3 (330) 664-8344 (339) 798-9091 Les Knight (330) ti33-261 6 Ronald Koehler (330) 644-1438 (330) 644-3572 ^ M;chael Konnushatf Maria Kotsatos (330) 869-0399 (330) 643-5342 Vt Steven Kotsatos (330) 335-4732 (330) e4:3-5367 Krihlina Kremer (330) 945-7308 Jirn Lrzria 6746 (330) 315-21132 Frank Larsran (33(?)G88-0756 (330)668-7491 Ksrt i..auhing«r I,on Longshore (330) 733-7989 L30nni(^ t. uciG:rr t13[)? 923..111$ ted Mal!a t 1 ;',30 7 2-.r;021 re PJ1s3rk' Masich 1339; 848- i 1H5 (330) 043-2230 ; 2006 Executivc rurxmittee 2:2:312008 First Narne Last Name Hofrte F'hpne VVork Phone ♦ , 'f38 asich (330) 899-1529 {3301643-2328 Adam Meyerson {330} (365-3772 /GhancfLr Mohan. M Ct- ;330) 622-7330 (330) 929 i2t^32 /Jack eri (330) 929-2797 (330) 996-02.49 Kamnl Muakkag;:La (330) 252-0793 (330) i'i65-41 00 Steve Murphy ( 330) 487-0865 iVeixtr?r, MD (330) 86T0321 (330) 773-4500 Johra D_ Ong Denny Parks (330) -2053 Rosemary Passeos (33tJj 664-8241 (330)' Jonathan '1` I'av(saff 330-1367-2955 Anthony F'etrarr,a Jr. (330) 836-8860 {s harlrs Pilliod Jr. (330) 867-3163 Tim Powetl (330) 753-4751 [viichael I'ry (330) 673.55'9 Roy L. Ray 666-7079 (330} 972 7 h":^a i1 P,i=hl VDr-?n L Rnbari i."'.i} 'c)29-5K2 r Rcidgers 430; 6 78-6411 Nancy Rosche 33Q^ 367-5625 17 2006 Executive Commit 2t23i2 First Name Last Name Home Phone Work Phone t;i(I F2oth (330) 887-4568 ( 330) 867 9242 Matthew Schaad (330) 923-7606 (330)971-8240 MiChr:it::l 5aitter, MD (330) 666-7258 ( 330) 375-3557 Sigel (3301 665-4914 (330) 643-5335 fuhe (,330) 864-61139 (3301Fa43-€€168 #/ James 5. Sirrttqri (330) 25E3-3870 (330) 643-6251 ti/ Marilyrt Slaby (330) 665-5454 Peter Spitalieri (330) 650-9688 (330) 655-7202 #41, Peggy Steen (330) 899-3737 (330) 643-5341 John Steinhatier (330) 864-3184 (330) 535-1010 Scot Stevenson (330) 745-5445 ( 330) 762-0765 r^ Micha2! Stith (330) 864--4589 1y/Marf (330) 1364-0782 Stull (330) 773-8784 (3 30) 375-2(}09 P4aul S wa 11 ;Gr'? (330) 428-3122 Ma;y 7ayfar (330) 699-3031 (614) 036-1790 Gafy l ay:ar (3 30) ti6C-h)6f"sti ( 33(j) 6 1"0-50 1 5, Fi»!en F Thigp^r (:330) 644-6823 f i cn?.:,^s f3:10} 653-3213 v/ Jenniter Troyer ( 330) 644-0157 ^ 2606 Executive Commit?ee 2:1,23; 2^t(78 f-irst Name Name ; IAorne Pfiatle Work Phone vSue ruby ^330) 929-5928 (330) 971-8142 Gene Wacfdell (334) 864-14?2 (330; 9F,7-1111 Arlene W;:igner t330) 653-9500 Thomas Walterntlre (2-16) 363•5425 Ray Weber, (330) 666-06£38 (330) 376-1242 Kathryn WertzbaEagher(330) 724-5249 $/John Widowfield ±330) 928-3630 (614) 46f3-11 t7 Y Helen Williatns ^ Bryan C. Williams 330-670-0564 330-643-5301 Louis Wray (330j 633-0355 Frances Yates-Bittle (330) 688-6020 V/lann Young (330)69r3•£399Q (330) 414-1FJ9Q h.acte 1 ? 35b SUMMIT COUNTY REPUBLICAN EXECUTIVE COMMITTEE SUMMIT COUNTY REPUBLICAN t-{EADQUAR-1-FRS 320 S. MAIN STREET, SUITE 2437 AKRON, OHIO 44311-1071 FEBRUARY 26. 2003 6:00 PM AGENDA ARSHINKOFF Asks members to stand for the Invocation by Margaret Ann Brosnan and to remain standing for the Pledge of Allegiance by John Widowfield. 8rosnan Invocation lNido^nrfield Leads the Pledge of AIlegiatice ARSHINKOFF Thanks Margaret Ann Brosnan and John Widowfield and asks niembers to be seated for dinner. ^5, DINNER IS SERVED ARSHINKOFF Calls the meeting to order. Asks Jack Morrison, Jr°., to read the roll call. MORRISON Reads the roll call. ARSHINKOFF Asks Jack Morrison, Jr. to read the meeting call. MORRISON Reads the meetinq cal ARSHINKOFF tntertains a motion that the order of business and agenda presented to the Committee be the official agenda of this evening's meeting. So moved Seconds the motion ARSHINKOFF !t has heer°r rnoved anc9 seconded that ftie order of business and agenda presented to the Committee be the oifica! agenda of °.h?s even;ng's meeting 352 All those in favor of th^.^ n7otion, pte;)so signify by saying :'sye". Those opposerf. "rtay'. The "ayes" have it, ination carried. ARSHINKOFF If any member would like to have the minutes of the previous mee;tung read, please so it'ic€ica€e. If not, is there a tnvtion to dispense with €hereacfing of the minutes? So moved Second ARS1-ilNKQFF It ftas been rrrove(' and seconded that the reading of the lrtinutes of the previous tnee€ing be dispensed iNith. All those in favor of the motiorl, please sicyr,ify by saying "aye" Those opposed, °nay.. The "ayes° have it, motion carriecl_ ARSHINKOFF Calls on Kim A-nold, i reasurer of the Summit County Republican Executive Committee to read ttie Treasurer's report. 353 ARNOLD Ttrn last Treasurer's report was orr ,Iar7rrary 29, 2008. At that tirne, the balance was $38.363.19. Contributions received as calFetartiary 26, 2008, are $50,010.00. Expenditures as ofFetaruary 26, 2008 are $43, 225.93. ving a balance as of Febr-uary 26, 2008 of $43,147. 28. ARSHINKOFF Are there anV questions? If not. 1 wi11 entertairz a nrotian that we accept the Treascirer5 relaar7 So niouod Second 3^ ARSHINKOFF i/ has beetr fnovod arrd secorded we accept the Treasurer's report. Al/ those in favor of the rrrotion, please sicdrrit"y L?y sayrr?g 7170se opposed °rrL7y. ^?yeS" have it, 1-rrotr"or1 catr/es. ARSH{NKaFF Gives Ghairman's report. A. Review of Lincoln Day Dinner B. Review of the 2008 Republican Primary can? paign C. Review of Secretary of State's Corresponclance ARSHINKOFF Refers to the meeting cali. Recognizes for the prjrpose of offering a motion relating to the Szirnniit County Board of Elections. / move that Brian K Daley, whose residence is 1,32 South Mniri Street. Ntrdson OH 442,36, who is an elector , quvlified to perr`oirrr the duties of Republican Member of the Summit County Board of Elections, be recommended by this G,nrnmuttee fOr apparntMent Os a Member of the Summit County Board of Electinns for the term carnmencing March r. 2008 and endirrg Felaruary 29, 2012. And BE l7` FURTNER B'E^.^0l_ VE=Ct that the Ghuirman and Secretarv of said Fxecutive Gommittee, be and they are here6y authariz^.^d and ;17structed to send to the Secl-etarr uf State 3 uertific3ti0n Of t,he s;;tr^r^ 35(f taken by .said Exsctlti vn Comt and said Brian K. Daley is an eloctvr qualified and competent to perfvrn7 the rfuties of st.rch office, and that this resolutivn M-Js Passnd at a meeting of said Executive Ccrm-rtittee by a majaritv vote of men7bers thereof Seconds the motion ARSHINKOFF lt has been moved and secvnded that Brian K. Dale}-^ whose resIdence is 1,32 South Main 5'treet, l`fudsan OH 44236 who is an elector, qualified to uerfnrm the dtities of Republicas7 Member of the Surnnait Countv Board of Elections, be recommended by t,h;s Crammittee for a,vpor'nti77°nt 3s a Member of the 35-1 Summit County Board of Elections tor' the ternr commencing Marcta 1, 20£18 and eradirrg February 29, 2012 a the Cttoirrr7an and Secretary of said Executive Committoe, be and they are hereby authorized and instructed send to the Socretary of State a cet7ificatiorr of the action taken by said Executive Committee: and said Brian K L7aley is an electvr quafified and competent to perforn7 the duties of sucti office, and that this r"^`sotutiorl was jJc.°iSSG'L7` at a t17Petir7g of said Executive Corrrrr1ittoe by a majority vote of trremt.3ors tfrereof. AIl those in f,7vor of rhe rnotion. please siqnify by salv!rrg 'aye" 35$ Those opposed `nziy. ° T17e have it, motior? c^rried ARSHINKOFF Thanks evoryono for attending the meeting. Asks if there is any other business to como before the committee. Entertains a motion to adjourn. So moved Second ARSHINKOFF All those in favor, olease signifv 5-y 35^ .5ayrrig All tr`iose n^^7r^sr^^^^ „f7c'3y. „ MEETING ADJOURNED AT SEC Secretary Brumter, L'_!- : Z000 FEB - I Af°' I I: 45 I am writing to you because I believe Alex Arshinkoff is incompetent to serve as Board Member on the Sununit County Board of Elections. I believe Mr. Arshinkoff has abused his position of trust. Mr. Arshinkoff has developed a pattern of intimidation from common pleas judges to clerks at the Summit County Board of Elections. There are many issues that I am going to bring to your attention but I will divide it between the Board of Elections and other issues of moral turpitude. Board Of Elections Issue # 1 - Recently the Summit County Republican Party was referred to the Ohio Elections Commission for failure to file an accurate and auditable report. This was the dual reconnnendation of the Democrat, Rose Debord and the Republican, Scott Sigel. Since the meeting when Scott recommended that Summit GOP be referred, Scott has been moved out of the campaign finance area and put in ballot layout. The move was made because he was told by Director Bryan Williams that he "was no longer a good republican." Due to the fact that it is so close to the election that moving inexperienced people into new very important positions has caused a undue burden on the BOE staff as they try to prepare for an election. Alex Arshinkoff ordered the move. (see exhibits #1, #2 & #3) Issue # 2 - This the second time a Regiiblican Campaign finance person has been summarily removed by Alex Arshinkoff for "Oft theirjob". Lynn Hamilton was not rehired after she refased to alter her story regardingIV1t. Arshinkoff's order to have her tell the State Auditor what reports to look at. (see exhibits #4 ) Issue # 3 - Heather Nagel, Republican board employee, quit recently (9/06/07) because she was required to circulate petitions and sell tickets for Alex Arshinkoff or lose her job. (see exhibits # 6 & # 7) Issue # 4 - Vondelise Jones and Bonnie Henderson, Republican part time board employees, filed Civil Rights Commission complaints (1-17-08) against Mr. Arshinkoff and Mr. Williams. (see exhibits # 8, # 9 & # 10) Issue # 5 - Contrary to the SOS ethics policy, Mr. Arshinkoff had two republican board employees making calls from the board during work hours to promote his election to the chairmanship of the Summit County Republican party. Issue # 6- The arrogance of Mr. Arshinkoff is fiirther exemplified by the fact that he requires a Republican board employee to stand outside regardless of the weather to protect his parking space on board meeting days. This is done despite the fact that there are always more than enough spaces. Mr. Arshinkoff has the employee liold an umbrella for him when it is raining. In addition, Mr. Arshinkoff prohibits the republican board employees from talking or socializing with any democrats. In fact, he even prohibited them since 2005 from participating in the annual Christmas lunclieon at the board because the democrats would be there. a Issue # 7- Statement of Donald Longshore current Republican employee of the board. (see exhibit # 11) Issue # 8- On January 10`", 2008 there was a board meeting. Mr. Arshinkoff went into a rage and falsely accused fellow board member Wayne Jones of being behind a conspiracy to oust him as party chaimian. This attack was started because Mr. Jones stated in the board meeting that all nominating petitions needed to be treated the same. Mr. Arshinkoff admitted that the petitions of pc's the New Republican Party were scrutinized at a much higher level than those petitions filed by the current leadership of the Summit GOP where Mr. Arshinkoff is the party chairman. (see exhibit # 12 ----a 9-minute tape of meeting) Alex Arshinkoff does not stop with his bully tactics at the Summit County Board of Elections. Below are more examples of intimidation and issues of moral turpitude. OTHER ISSUES O/S the Board of Elections Issue # 1- Intimidation of three Common Pleas Judges (2 Republicans and I Democrat). (see exhibits # 13 ,#14 and #15-- affidavits from the Judges and exhibit # 16 - ABJ editorial) Issue # 2 - Threats and intimidation of a member of Hudson City Council (see exhibit # 17 ---two channe123 news stories) Issue # 3- Summit County Engineer quits because of Arshinkoff (see exhibits #18 &# 19) Issue # 4 - Arshinkoff attacks the Sununit County United Way and the Akron Zoo (see exhibits #20 and #21) Issue # 5- Police Report of Arshinkoff picking up a college student (see exhibit #22) Issue # 6- Scene Magazine article "Godfather in the closet" (see exhibit #23) Issue # 7- Plain Dealer article "Summit County's Godfather of GOP" (see exhibit #24) These are not isolated incidents. This is a pattern of behavior by an individual who doesn't care about the community. He lives by intimidation and retaliation. You are welcome to call any of these individuals including the Judges to verify their statements. I ask that you send a strong message to all that serve the public that this type of behavior cannot be tolerated. Please deny Alex Arshinkoff's appointment to the Summit County Board of Elections. Thank you for your time and consideration. Sincerely, ^ 3^ Ohiu.com ;Single Page View) I Return to Paginated View Mistakes fill GOP finance reports Summit Republican books called 'impossible to audit' 3y Stephanie Warsmith 3eacon Journal staff writer 'ublished on Thursday, Dec 27, 2007 3Vith a battle raging for control of the Summit County Republican Party, the pady's finances came under increasing scrutiny Wednesday with Dooks that were said to be "impossible to audit." Supplemental filings reviewed by the county Board of Elections were missing required information, staff members said during a Wednesday joard meeting. 'Until these items are resolved, they will not be in compliance," said Scott Sigel, the board's Republican administrative assistant for campaign linance. Rose DeBord, Sigel's Democratic counterpart with the board, termed the party's finance reports "impossible to audit." The supplemental information the party provided was supposed to clear up questions that resulted in the board filing a complaint with the Ohio Elections Commission this month. Instead, Sigel and DeBord gave board members a packet Wednesday with pages of errors and questions on the party's finance reports. These included missing receipts, incorrect dollar amounts, omitted addresses and discrepancies between different documents. Questions on the party's finances come as state Sen. Kevin Coughlin, R-Cuyahoga Falls, mounts a campaign to unseat Alex Arshinkoff as chairman of the county Republican Party. Arshinkoff - who is also a member of the election board - has basically remained silent during discussions of the party's finances at board meetings. Coughlin, meanwhile, is trying to recruit enough candidates for the party's central committee in the March primary to install a new, as-yet- unnamed chairman, and has been critical of the way the party's finances have been handled. This backdrop has made the probe into the party's filings particufarly ugly, with Arshinkoff supporters claiming Sigel is in league with Coughlin. (Sigel denies this and says he's just doing his job.) At the board's Dec. 7 meeting, Arshinkoff abstained from voting on the election commission complaint against the party. Filings defended Jack Morrison Jr., the other Republican member of the election board - who is also secretary of the party's executive committee, Arshinkoff's lawyer, and a member of the party's finance committee - came to the defense of the filings during the finance discussions. But, he sided with the two Democratic board members in the vote on the election commission referral. That complaint claims the party failed, after being given a final, 21 -day notice, to file the required campaign finance documentation for several elections in 2005 and 2006. Political parties, like candidates, are required under state law to file campaign finance reports. The commission likely will address the complaint at its March meeting, said Philip Richter, executive director of the election commission. Richter said it is common for the election commission to decide complaints involving candidates failing to file - or submitting incomplete or late - campaign finance reports. He said referrals against county political parties are made less often "but it does happen" The commission could find there is no violation, Richter said. If a violation is found, the commission could impose a fine, refer the matter for prosecution - a step seldom taken - or decide no action is warranted, he said. The election board will forward the additional - and apparently incomplete - campaign finance information provided by the party to the election commission. A letter also will be sent to the party, asking that the missing documentation be submitted to the board. Questions still remain about whether the party properly reported in its finance reports loans from Arshinkoff to the party and if it was proper for the party to pay Arshinkoff interest on the loans. 2i ^^^ Nothing illegal ^1Y7 Assistant Summit County Prosecutor John Manley, who reviews legal matters for the board, told board members Wednesday there was nothing Ildgal about the interest Arshinkoff received. But Manley said he wants to look over documents pertaining to the loans and report back to the )oard at its next meeting on Jan. 8. Norrison stressed after the meeting that Manley found "no wrongdoing" on the party's part pertaining to the loans. :n terms of the other information missing from the party's campaign finance reports, he called it "administrative" and said the party will "find the receipts and produce them. I can assure that the (party's) central committee will produce the copies for whatever is needed here," he said. Stephanie Warsmith can be reached at 330-996-3705 or swarsmith @thebeaconiournal.com. Find this article at: http://www.ohio.com/news/top_stories/12843697. html?page=all&c=y Ei Check the box to include the list of links referenced in the article. Copyright ©2007 Ohio.com ^c.^y e.Fhepinkpdici^.[4. _ Eh.. k_::_P:`^i`^ ^ t..^ htiStFf AAD ADYENiUNEERa4tiNEPARIS GFTHEAUSTOEta: Something's amiss with the S»mmit Republican Party's finances 01/23 Wed Jan23, 2o08 at 05:44:19 AM 'f It'sNati lie D blearssFrege Pie.5:3o When Scott Sigel made his presentation Ab[, 01/23 . before the Summit County Board of ^ $qltAgnlnStAmericnnZlgoarel'sChiefPervGOe_e Elections, he thought he was just doing iQ T+'t?t 3:05 PM, oi/sa hisjob. 'i ^g}Iywood ele :Pi^ed 4e ^gp P.n dnieh s:5i PM, oi/22 For five years, Sigel, a Republican- ,zotfgC g ne tic^[lv_g,^^r edl_^..°sgS^:14 appointed board employee, had been in dggroal ben n honld 2:23 PM. ni/xa cbarge of filing and auditing campaign But when he suggested the party resubmit its filings, Arshinkofi finance reports. But in December, he threw a fit. He accused Sigel of being on apersonal and political found discrepancies with his own crusade against him. 'I was just doing my job,' Sigel says. "I partfs finances. always thought my role was to be impartial and fair. Sure, I'm a Alex Arh:^Y^acleims Le political appointee, but while doing my job, there are no politics He told the Board that the Summit lomed his party $75,ooa, but involved.° County GOP had faEed to submit thecdsnorecurdofit - receipts for numerous expenditures. Arshinkoff, a man known for bis vendettas ["The Godfather in "The numbers just didn't add up," he says. "The records were the Closet," June 1i, 2oo3], wasn't seeing it that way. He had inauditable." Sigel reassigned to the ballot layout department last week °I have no training in this type of work,' Sigel says. "I don't really But that was the least of his concerms... think that's in the public's best interest. It's less than 6o days Sigel also said that Republican Chairman Alex Arshinkoff claimed that he personallyloaned the party $75,ooo, and was naw being repaid with interest. "UsuaIlypeople don't charge interest on a loan like thai,° Sigel says. 'But in this instance, [Arshinknfffl was claiming he wanted interest. It sent up a red before a major presidential primary." flag.' Perhaps more alarming, p,rshinkoff replaced him with Gary Even more alarming: The loan had supposedly been deposited Hagen, who has no training auditing campaign finance records. into a bank account that hadn't been previously reported by the 'i4ly view is that this is purely political retaliation," Sigel says. party. "We had no proof that the loan was even made," Sigel says. You could also call it a cover-up. Though Sigel says he's ahvays been anArshinkoff supporter, he's now joining a Republican insurrection to oust the chairman. °Most of the people in the party have been afraid of spealdng out against Alex,° says Kevin Cougblin, who's leading the rebeIlion. "They are afraid of his revenge. I don't give a shit. I decided I've had enough of this nonsense." - Denise Grollmus Category: News J EXHIBIT 3 Scott W. Sigel ( 1007 Bunker Drive Fairlawn, Ohio 44333 330-414-7729 January 22, 2008 TO WHOM IT MAY CONCERN: I am writing you to relay information concerning my experiences at the Summit County Board of Elections. I have been an employee since September, 2002. The Summit County Board of Elections, I believe, is the most negative, back-biting, unprofessional, juvenile, and hypocritical atmosphere I have ever worked in my seventeen- year work career. The prime management tool is to threaten an employee at every instance that they will lose their job if they do not carry out the whims of the Republican management. The Republican administration of the Board, led by Alex Arshinkoff, sets the tone for the office. Some of the issues that I want to bring to light include the following: I was transferred as retaliation for carrying out my duties by Director Williams for presenting to the Board damaging information about the Summit County Republican Party's finance reports. Also, I allege that this transfer was because I testified on behalf of a fellow employee at an Unemployment Compensation hearing, divulging negative information about Board activities and the Republican Party operation, under oath. I also am running against Mr. Williams for Republican State Committeeman in March, 2008. On more than one occasion I was required to clock out at lunch to circulate petitions. I was forced to take additional time in order to take a lunch period during those instances. I felt if I did not do this my job would have been jeopardized. Alex Arshinkoff, in December 2005, called a special meeting at Republican HQ where he berated the staff and ordered them not to socialize or befriend any Democrat at the Summit County BOE. He had threatened to fire one employee at the Winter Conference that year, who happened to drive down with a Democratic co-worker. Republican staff had also been cautioned not visit the Bricco restaurant in downtown Akron--this restaurant is supposedly partially owned by Democratic Board member Wayne Jones. I have been required to attend numerous meetings at the Summit County Republican HQ. Republican staff members including Steve Kotsatos, Gary Hagen, Peggy Steen, Maria Kotsatos, and Amanda Hagen, and maybe once me, have gone around on county time to infomi Republican staff to attend these meetings. Often, we were informed that Alex Arshinkoff had ordered us to do so. I have witnessed Maria Kotsatos and Patrice Kormushoff in Alex Arshinkoff's board office making calls for recruiting PCs for the Arshinkoff reelection in December 2007 and January 2008 . I asked their Democratic counterparts a couple of times where they were. They indicated in the Board office calling people to recruit for PC. Also, after there was public criticism of this, these ladies returned to their posts and continued to make calls at their respective desks. I am also aware of certain instances where Maria Kotsatos fired booth workers who had expressed criticism of Alex Arshinkoff. This is unfortunate since we suffer an acute lack of Republican workers. In the summer of 2006, I witnessed workers being told they could not work overtime hours while others employees could because certain Republican staff had not reached their quota of 1000 signatures for two initiative petitions being circulated by the party. Also in December 2005/January 2006 I recruited and circulated two petitions for PC in northern Summit County. One was for John Bolek, the other for Mike King. After completing their petitions, I was told they were unacceptable candidates. I was forced to find replacements and to circulate their petitions also. I am unaware as to what happened to these petitions. I am aware that the original gentlemen did not appear on the ballot. I am also aware of the tactic used by Mr. Arshinkoff to harass and intimidate employees who are out of favor. He has repeatedly transferred employees from one position to another as a means to drive them out or as a means to ensure that they failed. Persons that are transferred never received any training upon being moved. Also, many times individuals with no experience or background in the position replaced someone with more seniority or expertise. I attended two meetings in the summer of 2006 at Republican HQ. At one meeting, Maria Kotsatos indicated that if we didn't meet our quota we would be fired. She later tried to backtrack by saying she was merely joking. At another meeting, Pat Boyle, Heather Nagel, and Don Longshore were denounced by Bryan Williams as being lazy before fellow Republican staff members, since they were not meeting their signature goals for the petition drive that year. We were reminded that the Board members could use any criteria they wanted to determine who was rehired every two years. In October 2007, I was called in Director William's office and told by Alex Arshinkoff not to associate with "that dog woman" [Heather Nagel]. He did so in front of other staff. I was embarrassed and found it very unprofessional. ^LD-l Later in October 2007, I again was berated by Alex Arshinkoff for questioning the right of Director Bryan Williams to rummage through our financial report cabinets after hours. Mr. Williams had left two cabinets unlocked. I had not initiated the complaint but agreed with it, since up to that point only my Democratic co-worker and I had access to the reports. He also tried to intimate that I had not been doing my job. Lastly, I met the Summit County Republican Party executive director on December 31, 2007 in my office to discuss problems with the Republican Party's finance reports. At the conclusion of that meeting, Mrs. McMillen indicated that I should work to placate Mr. Arshinkoff and that if I "played ball", I might keep my job. I was incensed. Please feel free to contact me to discuss these items. alA xo-a exroa Fax Paqe, 002-004 OCT-8-2003 10:44 FROM: TO:3303764577 P.2 CHAIRDSAN ARSHIIVICOFF HAS REQUBSTEL) THAT YOUR OFFICE IAOK AT THE FOI.LOWIIdG CAMPAIGN F7NANCE REPORTS: SHE4tW DREW AI.87DTADER 2000 SHERIFP DICK WARREN 2000 2002 JUDGE - JANE BOND JUDGE-BII.L SPICER COUNCIL - DALVIEI. HORRIGAN COUNCIL - JOB FIIVIEY COUNCQ.. - MARCO SOMM6RVIId.E CO[INCQ. - RENEE GREENE COUNCQ, ';gIM SHEAI,B,Y COUNCC. - TERRY ALBANESE COUNCIL- MARY EId.EN MoAVOY COTJNCII.-BOB KFs1.1H COUNCIL - MLLCE FREEMAN COUNCIL - GARRY MONEYPBNNY COUNTY F.77C;+CLT17VE - JAMBS MoCARTHY MAYOR - D ONA LD PLUSQUELLIC JUDGE - JAMES WIGLTAMS JUDGE-JAMBS MURPHY JUDCE - PATRICIA COSGROVE JUDGE - BRENDA BURNHAM L7NRUH JUDGE- MARY SPICEIt JUDGE-JOHN ADAMS JUDGE -MARVlN SHAPIRO JUDGE - JUDY TiUNCER JUDOE - I.IIQDA TUCCI TEODOSLO JUDGE - KIM HOOVER i 3A mimw tt^4t^ FlB6 P•02102 hOtS - l0-)5-09 14:15lJI FI01{i1aMiT CMMTY 50^1• OF EIECTIQIS On 1lusday, Ocrober 7, 2003, Edna uanafeued a call to tne. I spoke with Jobn O'Naq Chtef of Investigadors fot the Spue of Oldo. Mr. O'Nan told me that be was doing an invatigation of Oriaaa Hoasc. and thar he and Dan Wacaet, Crimiaal Analyst, woyld lilcc ro look at C9unptaga Bmaoce Reporrs and wu9ting copfes. Z]tey wzetted to see the 6les for d►e jadges, eotuxil and ratybe Mayror Plttsquellic, and anyone elae thaCtnay be holpful to this mvestigation He told me ihat thcy would be atriving bmvean 9:00am and 9:30am on Wednesday. October S. 2003. I call Republican Hcadqllarteas aud apoke with Kittt Arnold and told her about the invesaigators coming and asked ber if there wem any cotnmitteea Mr. Asahinkoff'would like Qte people to look at. She rold tae s3te would speak ro Alex. IA9er that aftcrnooq Mr. AtSMn1Coff wa5 at the Board and I still hadn't hea9d from Kim ArOOK so I a4lced Stevea if he k99ew if Alex had any eommittees he wamtd the inves4gatars to look at. He wrnr into Edna's office and later asou out with some names on a pasrat twre. He wear ovar the nataes and years wim me aud told me to w:ite it up so it would be morc legiblc. On Wednesday momin,g, October S. 2003, I took the lisi that Stavett gave me end typed rhe following heading: "Chairasatt Atshinkoffhas requested rhat yola office look at the following campaign fiaance repaets:" It has always been Board Poiiey that anytime anyoae tnqitasrs copies or looks at reports. we are to write it up in oar bcok. 'the reawn I put the heading oa the list was booause I belicved the list was per.4lex's rr.quest. Afrcr I typed rhe list, I gavc it to Steven and asked that he and Edna go over it to see if I made any typographioal errors. Stovea camc into my office and handed me the lict and eaid it was akay. Mc. O'Alan and M. Wamer arrived arottad 10:00 am, I esoorted them back to my office. I showed tham the llst, and tbey said d9at ttiey were going pn ask to sec the ahetiff's and copaty exettttiva's repotts plus 1•terold White and Ted Sotmedierman. They said they wished that Mr. ArsbinofFs name wa,+not on the list bevause duy didn't know Mr. Arsitinkofff or have ever spokat with him, and tbat thia ia an impartial ievestigauoa. At °. w that tirac I asked to he excuacd and lefi and got John and E8tta. They said they wanud every 91emc on rhat list plus others. They looked at Judge Adams and Iudp Bond's repons and stopped. They wem nnder the impressiett that tbey could take the teports and make copies of[hem- Mray Pat and I told they tbat the repotss are aot tp leave our o5'ice and that we would make aay copies they would want They ctossed off alll City Cotmeil, and said tfiry titought this was Cotmty Cowscil, which ie what dfey waoted. 1>rtary Pat aad I went over a new iist of mpesu with the investigators thu they waated copies of. ao Rsspeat8tlly submitred, ,` ^ -^^^ ^;a 370 `-Atld9AlHtl30W :Ae }UBs ziz a6ed Wdl4:l eo-s^-10o '. wesraeoee EXHIBIT L2 Heather E. Nagel 648 Hollibaugh Ave. Akron, OH 44310 330.289.1386 Heath erEN a v e l!c^ h o tn^ ai l. c o m January 22, 2008 To Whom It May Concern; My name is Heather Nagel and I am a former Summit County Board of Elections employee. I voluntarily quit my job at The Summit County Board of Elections August 13, 2007 after working there for almost two years, due to a hostile work environment created by Republican Board Member Alex Arshinkoff, Director Bryan Williams, and his assistant / Steven Kotsatos. In sum, I was being required to politic on county time, spy on co- workers, clock out during the work day to obtain signatures on petitions for Alex Arhsinkoff, demanded to "donate" thousands of dollars a year to The Summit County Republican Party, etc. I could no longer physically and morally tolerate working in such an environment. While employed at The Summit County Board of Elections, I was subject to hostile working conditions in which my job was repeatedly threatened if I would not perform duties outside of paid employment and perform the duties of supervisor Steven Kotsatos. When I refused to cover up for Steven Kotsatos' errors, I was only retaliated more and more. His refusal to do his job duties and blame his refusal on me made it very difficult to effectively do my job. Numerous tinies I was required to work for Summit County Board of Elections Director Bryan Williams, under the direction of Summit County Board of Elections Member Alex Arshinkoff at a rate of no pay outside of work hours in which if I did not comply, I was told I would not be reappointed. When I was hired I agreed to work the job that was described to me during the working hours of Monday - Friday from 8:00am to 4:30pm. Not once did I ever agree to work for free for anyone. This was not 3iI only never explained to me at time of hire, the deinands worsened and worsened throughout my employment. When I was hired, I was guaranteed $4,000+ overtime to supplement my hourly wage, but when opportunities for overtime arose, I was denied overtime unless I performed duties outside of my job pay and description. Unless I circulated petitions and obtained thousands of signatures, or opted out by donating thousands of dollars in place of circulating, I was denied overtime. I was required to "donate" thousands of dollars to The Summit County Republican Party. When I notified supervisor Bryan Williams I did not have the large amounts of money to "donate", I was told this would be remembered when reappointment of my job was up. I was also told numerous times to clock out to obtain signatures for The Summit County Republican Party when I was to be working for my hourly wage. This is not only a violation of Federal Wage & Hour Division laws; this also created a financial hardship for me. Due to mounting harassment from supervisors because of not performing duties above and beyond job pay and description, I was faced with a physical hardship. I was treated by ER staff during work hours the moming of February 22, 2007 and further testing was ordered by my physician. As a result, medications were prescribed to allow me to handle the level of stress placed on me by Republican superiors. My physical and fmancial hardship worsened as I discussed the situation repeatedly with the Director of The Sununit County Board of Elections. When discussed with Mr. Williams, situations were not resolved or remedied, but worsened. I had no other choice then to leave the Summit County Board Elections after the retaliation against me significantly worsened when Bryan Williams advised me on August 7, 2007 that I was being transferred to the back room. I was given no reason and was being replaced by the wife of a large donor to the Summit County Republican Party. Not only was I replaced by someone who had no seniority, she had broken English and could not 31 2 use a calculator! I was told that I had to train her and that if I did not train her as well as they feel that I should, Alex would take issue to it. I did not want to be transferred, nor did I do unsatisfactorily in my job performance. I know this was another form of harassment and retaliation because on the afternoon of August 8, 2007 I spoke to Bryan Williams about my refusal to be transferred into a lesser position. He advised me that I was once a rising star and that at this point the party felt I was not conunitted to the cause and was not a team player. I was told by Bryan Williams that I needed to quit my charitable work during my personal time and commit my free time to the party. He also berated my family and used explicatives when talking about them because they were not party loyalists. The actions of Alex Arshinkoff and his staff are in violation on county policies, federal wage & hour laws, and guidelines set forth by the Secretary of State. His bullying tactics have demoralized the election process and have made it a deplorable place to work. I have numerous upon numerous instances I could give about the Board that would appall you. Instead of conducting elections and servicing the voters of Summit County, Republican workers such as myself were made to be political slaves to Alex Arshinkoff's personal vendettas and issues. Please feel free to contact me at the above contact information. Sincerely, Heather E. Nagel 31 3 OFFICE OF UNEMPLOYMENT COMPENSATION ( EXHIBIT NOTICE THAT A REQUEST FOR APPEAL HAS BEEN FILED Claimant's Name Benefit Year Ending Date Social Security Number HEATHER E. NAGEL 08/09/2008 294-76-3682 Date Issued 09/11/2007 Return to: SUMMIT COUNTY FISCAL REDETERMINATION UNIT 175 S MAIN ST PO BOX 182292 OHIO BLDG 4TH FL RM 400 OHIO DEPT OF JOB AND FAMILY AKRON, OH 44308 SERVICES COLUMBUS, OH 43218-0000 I^lulrlrrlnllrllnrlul.llmllrullnrllu^llurllumrlll Phone: (877) 574-0015 Fax: (614)752-4810 Employer's Name UC Account Number SUMMIT COUNTY FISCAL 0802177004 IMPORTANT INFORMATION - DEADLINE FOR REPLY: 09/18/2007 A. A request for appeal of the initial determination # 214675221 mailed on 09/06/2007 has been filed by: HEATHER E. NAGEL B. This party submitted the reason(s) given in Paragraph C, below, for requesting a change of the previously issued determination. If you disagree with the statement(s), submit your reply within five days of this notice's Date Issued to the address shown above. The lack of a reply could result in a redetermination based on the statement(s) in Paragraph C. C. Reason(s) for filing the request for appeal: Hardship created by requiring unpaid acquisition of petition signatures for the Republican Party during lunch and evening hours. My Mother (Patricia A. Mihaly) is disabled (SSD) and requires assistance. This demand severely affected my caring for my disabled mother, creating a hardship for myself and severely affected the care of my disabled Mother. Threats were made by Director Brian Williams that when jobs would be reappointed in March (08), Alex Arshinkoff (Rep. Party Chairman) would review how many petition signatures were obtained and event tickets sold to determine if job would be reappointed. The demand for evening/weekend hours created a major hardship in caring for my disabled Mother. Demands were made to clock out during work day to obtain petition signatures. I informed Director Brian Williams that I need my wages. He told me that "you can't pay your bills if you don't have a job". Lost wages would have created a financial undue hardship. Physical deterioration, caused by ongoing threats, was creating an undue hardship. Continuing threats by Brian Williams and harassment by supervisor Steve Kotsatos required medical intervention by Hospital Embrgency Room treatment, Si usted no puede leer esto, Ilame por lavor a 1-677-644-6562 para una traduccion- DSN: 013100 THIS SPACE FOR OFFICIAL USE ONLY PSN:,0001896 Page 1 of 2 -ID: 000000243430312 NOTICE: JI05N1 . EXHIBIT For Immediate Release•-Jauuary 17,2008 Contact for Additinnnt lnformatton: Vondelise Jones, 330-631-7780 (cell) Bonnie Henderson, 330-773-1231, 330-690-0833 (cell) Virndelise Jones, a Republican part-time employee at the Sununit County Board of Elections filed a fortnal complaint with the OHTO CTVII. RIGHTS COMMISSIflT'd today agaizL4 tlte Sttitunit County Board of.lslections, Republican employee Maria Kotsstos and her snpervisorrson Steven ICotsatos, D€reotor Bryan Williams, and Republican Board metnber.4lex Arshinkoff. ,Atrtt}ngber allegakions are intemidation, harassrnent, work place bigotry, and a general ho4stile work environment eracouragratl by the ltepublican Board administration's mfvsal to teke corrective action or to address her complaints, Ms. Jones provided detailed allegations inekrding a r+efezence to being spit at by Mxs. Kotsatos and other htarnilidin,g ansi degrading actions by her and otkr Board priiploym during her most re.cent tenure at the Baaxd of Elections. Ms. 7anes fwtlter alleged that efforts to bring these incidents to the attentivn ofher supervisor and Director Williams met i.vitlt indifferenee and no action. Also, Ms.. 7ones and her cr>vvo tirer Ms. Henderwr► wlempted repeatedly to contact and set up a moGting with Board zuernber and Republican ehairinan Alex Arshinkoff to no avail. Ms..Iortes alsa has not rttkd otat,pursuing civil litigation agairtst the lloard and Qua individuals Involved afrart fzom her Civil Pights Commission complaint. Likevrise, she will consult with ctammwtity im'vi1 rights leaders to present her complaint and to seek assistance itt order to obtain r+edress of iier grievances at tlie Board of Elections, inoluding the removal or discipline of the perpetxatiors of the actions against her at the Board of Election.s. 375 EXHIBIT January 24, 2008 [ I Vondelise Jones 765 Donald Ave Akron, OH 44306 To Whom It May Concern: I have worked at the Summit County Board of Elections as a part-time and intermittent clerical worker since 2005. 1 am writing to comment on the conduct of Board member Alex Arshinkoff and Director Bryan Williams. While an employee of the Board of Elections, I have witnessed or experienced the following: I was spit on at work by coworker Maria Kotsatos. • I asked Alex Arshinkoff and Bryan Williams to take disciplinary action. They declined and did nothing. • I was ordered to attend mandatory Republican Party meetings at party headquarters by coworkers while we were all at work at the Board. • I witnessed coworkers Cecilia Robart, Tina Alexander, Amanda Hagan, and Debbie Walsh scrutinizing Republican central committee candidate petitions without a Democratic staff member present. • I was asked to buy tickets to Republican Party events on county time on several occasions.. I was told by my supervisor, Steve Kotsatos, not to associate with Democratic c-workers or with coworkers Scott Sigel and Bonnie Henderson. I was told by coworker Steve Kotsatos not to report complaints to Deputy Director Marijean Donofrio because she is a Democrat. Coworker Maria Kotsatos ordered me to clock out of work and circulate Republican central committee petitions. My supervisor Steve Kotsatos refused to correct my time sheet, calling me "greedy." My supervisor, Steve Kotsatos, interrogated me about the fact that coworker Scott Sigel circulated a central committee petition for coworker Bonnie Henderson. I was asked if I supported Alex Arshinkoff for party chairman and feel my job was threatened. 3 1te All of these actions were the result of orders handed down by Alex Arshinkoff and Bryan Williams. I believe they show a pattem of arbitrary and capricious decision making on the job. Sincerely yours, 311 EXHIBIT January 25, 2008 Bonnie Henderson 1322 5th Ave Akron, OH 44306 To Whom It May Concern: I have worked at the Summit County Board of Elections as a Registration Clerk since 2002. I am writing to comment on the conduct of Board member Alex Arshinkoff and Director Bryan Williams. While an employee of the Board of Elections, I have witnessed or experienced the following: • I recently filed to run for Summit County Republican Central Committee. I was discouraged from running by coworker Patrice Kormushoff. Since then, I have suffered various forms of intimidation and hostility by Republican co- workers and superiors. I was ordered to attend a mandatory Republican Party meeting at party headquarters by coworkers Gary Hagen and Andy Wright while we were all at work at the Board. • I was ordered to attend a mandatory Republican Party meeting at party headquarters regarding central committee petition circulation by coworker Andy Wright while we were at work at the Board. • In 2006, Director Bryan Williams spoke at a meeting at Republican headquarters. The meeting was about gathering signatures for two county charter ballot issues. Williams told Board employees at the meeting that failure to meet a quota of signatures on these petitions would result in non-reappointment to our jobs at the Board of Elections. • In 2006 during the same ballot initiative petition drive, I was told I could not work overtime because I was needed to circulate petitions. &1/ ^[ ^L K ^`-' R rtn lS7>>^ fS^{ os informed me that I had to take a lunch break in order to circulate a candidate petition and that I would have to take personal time. • I was told by Maria Kotsatos and Steve Kotsatos not to associate with Democratic coworkers at the Board, even outside work. e e o'( N 'ko /oc-^!L F4 t•gde ^ Al-t/j ^7 D E-71 tx^^e,c( r /tl 6' o.i! e_ )` 9 ,4-(0 0 v,f- `E-iti t. ^-.9-cJ • All of these were the result of orders handed down by Alex Arshinkoff and Bryan Williams. I believe they show a pattern of arbitrary and capricious decision making on the job. Sincerely, ^,uQ x6l^ Bonnie Henderson Y1 January 25, 2008 EXHIBIT Donald Longshore .1834 Esther Avenue Akron, Ohio 44312 To Whom It May Concern: I have worked at the Summit County Board of Elections as a Filed Operations Supervisor since March 2006. I am writing to comment on the conduct of Board member Alex Arshinkoff and Director Bryan Williams. While an employee at the Board of Elections, I have witnessed or experienced the following: • After the 2007 General Election, I became aware that Alex Arshinkoff and Bryan Williams accused me of speaking on the phone with Senator Kevin Coughlin. Since then, I have suffered various forms of intimidation and hostility by Republican Co-workers and superiors. • I was ordered to attend mandatory Republican Party meetings at party headquarters by coworkers Gary Hagen and Amanda Hagen while we were at work at the Board of Elections. • Co-worker Maria Kotsatos informed me that "you will be fired if you didn't get enough signatures" on petitions I circulated for Republican candidates. • Director Bryan Williams informed me that I had to take my lunch break in order to circulate a candidate petition. I was forced to use my personal time to take lunch as a result. • I was told not to associate with Democratic co-workers at the Board. • I was asked to put up yard signs by co-worker Gary Hagen, while we were working. He added that "Chairman Arshinkoff won't be happy if you don't do it." • I have been solicited to attend Greater Akron Republican Club meetings while I worked at the Board. • I was ordered to check petitions filed by Republican central committee candidates suspected of being against Alex Arshinkoff a third time-meaning after staff had already checked them for mistakes twice. Deputy Director Marrijean Donofrio asked why they were being overscrutinized. I was ordered to do so by my Republican superiors. 3io All of these actions were the result of orders handed down by Alex Arshinkoff and Bryan Williams. I believe they show a pattern of arbitrary and capricious decision making on the job. State of Ohio AFFIDAVIT ss. County of Summit The undersigned, having been duly sworn according to law, deposes and states from personal knowledge, information and belief, as follows: 1. I am currently a Judge in the general division of the Summit County Conunon Pleas Court and have held that position since 1991. 2. Pursuant to R.C. 2301.55, the Judicial Corrections Board ("JCB") has oversight authority over the Conununity Based Correction Facilities ("CBCF") in Summit County. 3. During my tenure on the bench, Oriana House, Inc. has professionally and competently operated the CBCF in Summit County through a professional services contract with the JCB. 4. Beginning in 2002, as I related in detail under oath in my deposition on August 9, 2004, Alex Arshinkoff attempted to interfere with the discharge of my official judicial duties by attempting to intimidate me to take adverse actions against Oriana House, Inc. including terminating the Board's contract with Oriana House, Inc. FURTHER.>'CFFEANT SAYETH NAU Judge J e Bond Sworn to and subscribed before me this day of September 2005. Aet-AY, A)6" 4 Notary Public EXHIBIT State of Ohio AFFIDAVIT ss. Cotarty of Summit The undersigned; having been duly swom according to law, deposas and states from personal knowledge, information and belief, as follows; 1. I am currently re6red from sitting as a Judge on the Summit County Common Plcas Bench. While sitting on the bench in Summit County, I served on the Judicial Correction Board ("JCB"). 2. Pursuant to RC. 2301.55, the Judicial Correations Board ("JCB") has oversight authority over the Community Based Correction Facilities ("CBCF") in Summit County. 3. During my tenure on the beneh, Oriana House, Llc. professionally and competently operated the CBCF in Summit County through a professional services contraot with the .TCB. 4. Alex Arshinkoff attempted to interfere with the discharge of the official judicial duties of the Judges on tho JCB by attempting to intimidate them to take adverse actions against 131-iana House, Inc. including temlinating the Board's contract with Oriana House, Inc. Sworn to and subscn^lal before me this ^day of September 2005. Public ^ R,4cr 1-4,fiavq 150 SEP 09,2005 13:26 Exl-IIBIr State of Ohio AFFIDAVIT EXHIBIT SS. County of Summit The undersigned, having been duly swom according to law, deposes and states frotn personal knowledge, information and belief, as follows: 1. I am currently a Judge in the general division of the Summit County Common Pleas Court and have held that position since January 3; 1985. 2. During the period of 1987-2002, I was the Chairperson of the Judicial Corrections Board ("JCB"). 3. Pursuant to R.C. 2301.55, the JCB has oversight authority over the Community Based CorreatiorrFacilities ("CBCF' ) in Summit County. 4. Since 1987, Oriana House Inc. has professionally and competently operated the CBCF in Sununit County through a professional services contract with the JCB. 5. Through his actions in the years 2001-2003, as I related in detail under oath in my deposition upon written questions on December 10, 2004, Alex Arshinkoff attempted to interfere with the discharge of my official judicial duties as Chairperson of the JCB and, being unsuccessful, thereafter attempted to intimidate me to take adverse actions against Oriana House, Inc. and terminate the Board's contract with Oriana House, Inc. FURTHER AFFIANf SAYBTH NAUGHT. before me this ^day of September 2005. S^Swnst^Pv^k' Ste^ No ^ 7 03 EXHIBIT Posted on Fri, Sep. 30, 2005 The Arshinkoff effect The party boss has been accused of intimidating county judges. Anyone believe that sounds out of character? f you're a judge, you would do well to stay away from Alex Arshlnkoff, the Summit County Republican Party chairman and serial political bully. Ask Judge Bill Spicer of the county probate court. The Arshinkoff machine orchestrated his re-election campaign in 2002, including a television ad that recklessly attacked his opponent. On Wednesday, the Ohio Supreme Court, all seven justices, six Republicans and one Democrat, Issued a public reprimand of Splcer "for conduct arising from negative television advertlsing sponsored by his campaign committee." The court split 5-2 on whether the ad consitituted an in-kind contribution to the Splcer campaign. The majority awkwardly reasoned that enough distance existed between the judge and his campaign team. Put aside, apparently, that his campaign manager was also the court administrator and a co-owner (with Arshinkoff) of the consulting flrm that purchased the air time and produced the ad. Whatever the technicality at work, Spicer, a judge with an otherwise solid reputation, has been tamished by his relationshlp with the local political boss. Tellingly, In the very same week that the high court ruled, news reports surfaced about affidavits from two common pleas judges (Mary Spicer, a Republican, and lane Bond, a Democrat and the target of the vicious Spicer ad three years ago) stating that Arshinkoff sought to Interfere with their judidai duties. A third judge (Ted Schneiderman, a Republican and now retired) claimed in a sworn statement that Arshinkoff attempted judicial Interference. Arshinkoff argues that Oriana House officials orchestrated the affidavits as part of his legal scrap with the alternative sentencing operation. He insists on his right to speak freely (and excitably). That said, judges do not lightly sign affidavits, let alone engage in mere political stunts. It matters that judges of both parties have complained. They have asserted no less than the principle of judicial independence, something the rest of us should encourage and welcome, if Arshinkoff too often does not. Of late, Arshinkoff has accused officials at the Board of Elections of ' 'fixing" a parking ticket, although the circumstances were clearly extenuating. He has assailed two Hudson school district employees for falsifying election petitions. (More than likely, they unintentionally erred.) Might Arshinkoff agree that his precise reading of the law apply to him and his alleged intimidation of judges? The law states that '' no person, in a wanton or reckiess manner, shall attempt to influence, intimidate or hinder a public servant, party oh9cial or witness in the discharge of the person's duty." A violatipn amounts to felony of the third degree. Time for a special prosecutor? Or is the Arshinkoff transgression of a larger and familiar concern, one that should embarrass those who contribute heavily to the local Republican Party? He'll do just about anything to get his way, wonying Iittle, evidently, about the detrimental impact on the community as a whole. O 2005 Beacon Ioiunal and w've service snurcea All Righta Reurved hitp://wwwohio com http://www.ohio.com/mld/ohio/news/editoriaU 12780648.htm?template-aontentModules/print... 9/30/05 Plain Dealer Date - 13-d3 EXHIBIT E^gineer 9 cq inri Summit qiuits, cites went into the private seetor so GUP heat QM we could make this ehange." sTSVS I:uTTNB'8 • Arshinkoff said he did tell .aRoar Bi Marquard that one employee; PlaLiiDeQ7ea'ReportCr' who eventoally resigned, should Eng9ne.er resigns, be evaluated because that em- ABRON - A top-ra.Illdngoffl- ployee was aDemocrat, not aRe- oisd in the Summit Coiinty engl- cites GOP pressure pubHcaa He aiso said neer's office said he. rcqently re- that Mike Marquard also said that At- Weant, who was the office's di- signed becanse of pressare finm shinkoff asked Marquard how ;ector of administration, should Yhe connty Repitblican Parly'for much money he could raise for also be re-evaulated. 12 WoYkers. in.the office to be the county GpP. Weant said Marquard told him 13red becanae they were °bad Re- Arshinlcoff said.that there fa no thit he hadto resign or he wouid pnblicans." list of 12 people he wants fired be fired. Weant resigned, and David Marquard, the county's and that he never asked Mar- Marquard said he felt awful chief deputy engineer, issued a quard to raise, money for the aboutthatafterward. , lengthy statement this week de- county party. He said he did ask Marqnard also said that Ar- tailing allegations of meddling in Marquard how much he thought shinkoff was upset wlth Esser be- the Operation of the engineer's he would have to spend to mount cause P.sser.hired.workers in the tiffice by county GOP officials or a credible election. engineer's office withoutnoti- operatives. Arsbinkoff said 'he didn't think fying the Republican Party. °It became apparentthat the Marqquard would be an ideal can- Esser said yesterday that Ar- undue influence of the Republi- dida.te,inpart because he has a shinkoff never forced him to hire can Party makes it'impossible to difficult-sounding ballot name. anybody. properly serve the taxpayers, Marquard had wanted to be- Esser recommended that Mar- fairly treat employees and per- come the next engineer after Es- .quardshould become the next form ethically as a manager," ser, a Republican, resigned from county engineer, saying he is a 141arquard, 51, said: the)ob earlier this year. State law quality englneer who is well=ie- requires that the county Republi- Alex Arshinkoff, chairman of spected. can Party select a replacement, .the Summit County GOP, issued Esser aiso said'that Weant was and the patty picked former Kent a thunderous denial.of ofMar- an outstanding employee. city engineer Greg Bachman. quard's charges aboptGOP inter- Mike Stith; legal counsel to the Arshinkoff said that the party's engineer's ofHce, said yesterday ference. duty to name a replacement for that the engineer's office is "It's craziness," Arshinkoff Esser allows the party to examine spending more money than it is said. the operation of the engineer's takingin. , Marquard said he met with Ar- office. 16 have to stop it," he said. shinkoff on June;13, sliortly be- "It's poorly run," Arshinkoff fore Marquard was appointed es . said of the engineer's office. °We To reach this Plain Dealer reporter: acting county engineer after the were given a blessing when Gene [email protected], 1•800-628-6689 reslgnation of the fcirmer engi- neer, Gene Esser. "During myconversation with Alex Arshinkoff, he said I needed to get rid of what he ca.lled'bad Republicans,"' Marquard said in his statement. "Ones that did not 'do. much 1W for' ot'give support to' the Re- publican Party." SEE QUiT i S2 Page B2, Weduesday, August 20, 2003 AKRON BEACON JOURNAL FOUNDID APRII, 4 M C. L Knight John S Knight 1867- 1933 James N. Cm6diBeld 1894 -1981 PtrbGa6a Debra Adams Simmons puh^ Mkfiael Douglas EdiMr Assooate Fifitor I dasimms[a^u,e,eazrnjavnal.crrn mdxwasonb^ E John L Dotson Jr. 14rNisher .Fiueti(us s . OUR OPINION Engineering loyalty Alex Arshinkofffollows his pattem lex Arshinkoff would offten record that bolsters the Esser anc A fo Gene Fsser for his per-. Marquazd side of the story. rmanrn as the $uIDtnitGOIIII- ' RemeplUer lfml Hoover (a R^b ty engineer. The county Republican fican and judge in Cuyahoga F ): ^ Party chairman would tout Esser's in- He would county prosecutor - if hE tegnty and professionalism. Now he had followed Aisbhnkofl s orders anc' sug^t st E^ spent escessivel9 dur- dumped a highlY nspectgd deputY- I ing Judge Mary Spioer of the commor has countered that he used pleas court has been the object of th( surph^s money to generate federaland chairman's wrath. Her misdeed? Sht state matching fimds. He has all but had the nerve to P=Prr+se her owi judgment. Other Republican judge prtd^vatedsector)' refle^uhis imPa- have felt the same to a ksser degree. tience with the chairman's meddlvuR fhat is just a partial list of the epi. in the operatwn of the office. Davi3 sodes of heavy-handedness, the Care Marquard has echoed those com- less regard for the integrity of offices plaints. The fonner deputy engmeer forthe necessar^independence. has charged that Arshikff effective- Arshinknff lkes to contend tha ly dism^ four of the department's Democrats have done as much in tlu seven patronage employees because county juvenile court. The difference theg 1W run afoul of the party. Judge Lrnda Tucci Teodosio replacec No sutprise, really, that a politiral a Republicaa What's more, there ha Pacty wou.ld want to rewazd and pun- been no question that she rnns he ^sh with jobs. Aishmkoffprotests that court. That is what voters eapectec his concem is good govemment The when they elected her. Who electa trouble is, the ^hai„nan has a track Alex Atsh'mkofl? 3401 w c.com I GOP leader wants a United Way boycott EXHIBIT GOP leader wants a United Way boycott ^ Zo POSTED: Tuesday, Seplember 28, 2004 6:01:22 AM UPDATED: Tuesday, September 28, 2004 8:55:34 AM AKRON -- A Republican leader in Akron is calling for a boycott of the United Way of Summit County after a fund-raising scavenger hunt sent participants into the local office of Democratic presidential candidate John Kerry. County GOP Chairman Alex Arshinkoff says he'll also seek to get United Way's federal tax-exempt status revoked because of its partisan involvement. The scavenger hunt sent participants to the Kerry-Edwards office in search of a piece of campaign literature about a Democratic candidate for common pleas judge. Arshinkoff called it, quote, "a classic example of the liberal bias of the social activists." United Way officials Monday acknowledged that stop on the employer-sponsored scavenger hunt was a mistake and said they hope Arshinkoff rethinks his position, which would damage not only the United Way but the many social service agencies it serves. United Way is in the midst of its annual fund-raising drive. © 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed, 3A EXHIBIT Irony & Arshinkoff Summit County Republican Chairman lican coffers like his own personal trust AleKArshinkoff has never been one to pick fund. And given the load of GOP scandals his.battles or his paramours wisely. Last statewide, it was akiri to a crack whore , month; the Akron Zoo mailed out free iecturing on safe sex. tickets to more than 1,000 community According to the Ohio Ethics Conunis- leaders as.,thanks for their suppoit. sion, public officials are allowed to accept Arshin';icoff i"izcl;n't.find the gesture amusing. small gifts like an "inexpensive entertain- returncd is two complimentary ment activity" - i.e_, an $8 visit to the 5 ^^#i^^Ys ^ll^with a letter accusing zoo. They aren't allowed to receive items rgt Simmons of an ethics of "substantial value" - like, say, the free : Sti®ta `'board member who sits Audi Arshinkoff got from Republican " of Akron Zoofilings, your sugar daddies. ticlceta m4y be consideFed_ a^ allegal gra- tliity,"fhe m'ote. ' The tr`uity v!a's d'elieious;.as deep guys like to say, since Arshinkoff treats Repub- 30 ^ al ^- j A,Q POLICE DEPT. - AKRON, OHIO FIELD REPO J_ i C^ ^ti I ¢oo^>w.^ o^t.^ ^i Z^- ► z ^k^MNOFF fL. A^F.la^aot2 t^i•5-$2-'il 7 (^. . 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Priority ...... : 2 Grid ...... : 193 Mechod ...... Call taker ...... Dis'Datcher ...... : KSD D=sposition 1 ..... : 39 D2spos1tlon 2 ..... : NR CCL ?=ima_Ty unit ...... : 311 P_imax-y officer . .. : 687542 Time dispatched . . . : 02 : 27 : 19 Time arrived ...... : 02:27:19 Time cleared ...... : 02:52:39 Vehicle tag ...... : A-RA.7. Vehicle state ..... : OH Vehicle color ..... : BLiZ Ai-iD_ Backun units ...... Hackus oft_cers ... . Time dispatched ... . T'_me ar=-ived ... . __ma• -=^ed ...... ComDlainant name .. . Complainant address Complainant phone . Location occurrence Suspects name ...... Location name ...... Lccation name 2 ... . Entry made ...... : E?ansed time ...... Suspect description Suspect number .... . SLspects vehicle .. . Suspects tag ...... : ARA1 Direction travel .. . Anima].s ...... : Fenced ...... Track molest ...... Weapqns ...... : Ph,isical/verbal ... Intaxicated/dzugs . Ot_`ers ...... Bus open/Res home Number hostaQes ... Va=id a.la.rm r ...... iz-urias ...... O==_cers name ..... J0 Descr'Dtion ...... ex_= doors ...... Acz'_vitv . . . _ - C3eneral Notes notee Unit All current location: 9 1tSD8 TO 767 niMAN 02:42:18 Tinter reset on unit A11 at 02:52:04 02:52:04 !qZ IN THE SUPREME COURT OF OH[0 THE STATE OF OHIO EX. REL CASE NUMBER: 08-0478 SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE RELATOR, VS. JENNIFER BRUNNER OHIO SECRETARY OF STATE RESPONDENT. RELATOR'S EVIDENCE VOLUME 10 TIMOTHY J. GRENdELL (#0005827) Grendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Ohio 44147 Phone No.: (440) 746-9600 Fax No.: (330) 659-2278 E-mai1: grendeUandsimongvahoo com COUNSEL FOR RELATOR SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE CISPlt C,Jr 00 U RT SUPREIU1E 1,;UURT OF OHIO I The Godfather In the Closet I'he Republican boss of Summit County revels in crushing his :nemies. Now his private life might crush him. 3y Sarah Fenske 'ublished: June ii, 2003 It was past 2 a.m. when the kid left the bar and headed for home. Back from college for Christmas, he'd met up with his high school buddies at Annabell's, a neighborhood watering hole in Akron. Frustrated for reasons that no longer seem important, the 21- year-old Kent State student had been too annoyed to wait for a ride. It wasn't long before he wished he had. It had been a white Christrnas. The ground was still blanketed, early that morning of December 27, 2002; the air, frigid. Maybe a stranger would give him a lift. As the kid would later explain in an interview with Scene, he tried to flag down the first car he spotted, a souped-up Mitsubishi, neon underbelly aglow. It didn't stop. But when the new Audi behind it did, the kid got in. The driver was a niiddle-aged white man. Dark hair, well dressed. He asked the kid how he was doing; the kid said OK, then offered a few dollars for gas. The man said not to worry. lushinkoff, 5u, has run the eounty RepubGean Party for belf his rrfe. The kid told him to take a right at Main Street. But the man didn't. I'll get you home, don't worry about it, the kid remembers him saying. Then the man started rubbing his thigh. Are you gay? he asked. Are you bi? No?Are you sure? The kid was trying not to freak out. He saw a red light ahead and clicked open his seatbelt, bracing himself for the jump out. But the light flicked to green. What are you doing? The man asked. Are you nervous? The kid said no, he was just trying to get comfortable. The man was caressing his thigh, grabbing at his crotch. "I didn't want to piss him off," he says. "He could just hit the gas, and I'd be stuck." Photo tourteay ofJudge Mary SP1e- 303 Republican Judge Mary Spicer held Do you want to make some money? The man asked. The kid laughed weakly 6nto her seat - despite opposition and said he had plenty. He was watching the light ahead, willing it to stay red. from the party bosds nieoe The Audi pulled to a stop, and the kid saw his chance. He took off running. The Aud.ipeeled off in a different direction. Then the kid heard a siren. An Akron patrolman had witnessed his desperate departure, according to the police report. The cop stopped the car and questioned the driver. The man told him he'd picked the kid up, but he was too drunk and had hopped out. But the kid, fearing trouble, doubled back to the cop car. Gasping for breath, he relayed his version. The man had tried to touch him, he said. He had to run. "You can arrest me for anything you want right now," he remembers saying. walte.r xuwlc Cqunty Execntive James MeCaitlp• The cop took the driver's information and let him go. Then he told the kid to eaYa P^pie wuula be'all wu'the relax, something like "What are you doing getting into a stranger's car, repowt If it im.olved a young female hitchhilaer. anyway?" He offered to take the kid home. Then a second black-and-white pulled up. The officer gestured at the departing tudi with its ARA i vanity plate. "Do you know who that was?" the kid heard him ask. "That was Alex rshinkoff. He's the chair of the county Republican Party." 'My stomach just dropped," the kid says. ?or years, Alex Arshinkoff topped the scale at more than 400 pounds. He was a man of giant appetites: or politics, for conversation, and of course, for food. A former dining companion says Arshinkoff would trder one entree, finish it, then order another. Sometimes he'd go for a third. rhanks to the Atkins diet, a personal trainer, and daily nine-mile walks, Arshinkoff has shed half of his jrth. But he's still larger than life. Head of the Summit County GOP for 25 years, he seems to burnish a eputation as the county's Dark Lord, a man who consumes politics and plays to win. To many insiders, ie is Don Corleone in the flesh, with a dose of Machiavelli's Prince thrown in for good measure. Through his assistant, Arshinkoff declined Scene's interview request.) ince two failed runs for city council more than two decades ago, Arshinkoff has never been the guy on he ballot. He's not a politician, as he'll tell anyone willing to listen. [e's far more powerful, and he knows it. He picks the candidates. He runs their campaigns. He tells iem what to do. Who to hire. Who to fire. If they don't play ball, they're out. Just like that. He's done it > top Summit Republicans: He did it as a University of Akron trustee. e was on George W. Bush's campaign finance committee. Karl Rove is said to call him for advice. Then the first President Bush visited Akron in i99o, he started his speech by thanking Alex Arshinkoff. ie's a master of the nuts and bolts of politics," says state Senator Kevin Coughlin (R-Cuyahoga Falls). le is just one of these old-school political leaders." rshinkoff lives for the job, calling up candidates at all hours of the night with advice and exhortations. ^ 'hen he's not being compared to Machiavelli, he gets Boss Tweed. ^ 'Even those who don't like him have to admit he's as shrewd as they come," says Republican County ouncilman Mike Callahan. ie's made himself wealthy. He's on Senator Mike DeWine's payroll as a consultant; he also began a obbying business in 1997, harvesting the ties he developed as party chairman. He represents nine ompanies, from FirstEnergy to Playhouse Square, offering his advice and pushing their interests in olumbus. He has a$200,ooo home in Hudson, an antique Chevy Bel Air, and two Corvettes - in tddition to the Audi paid for by the party. 3is family has done well too. One brother is a bailiff; so is a sister-in-law. One niece is Barberton's clerk )f courts; another is the party's attorney; a third works for the county engineer. Until Republicans lost he judge's seat this January, his nephew-in-law worked for the Juvenile Court. . n other counties, party chairs aren't so powerful, and there's little reason Summit County should be an xception. Akron has long been heavily Democratic. Despite suburban growth, the county retains a hree-to-two Democratic edge. 3ut you'd never know it, looking at a list of Summit County officeholders. Under Arshinkoff, Zepublicans have put practically every seat in play. They hold a majority of judgeships, the Probate ourt, the sheriffs office, both Ohio House districts, and the state senate seat. 'He has created the most effective county organization in the state," says Arshinkoff s Cuyahoga County :ounterpart, state Representative Jim'Irakas. "Republicans in Summit County do better than they hould. And state and national candidates do much better there than they should too." ^ relentless fund-raiser, Arshinkoff gets $ioo,ooo checks from lawyers and $i million donations from ,EOs. He also collects from the little guys: A list of campaign contributions shows bailiffs, magistrates, ow-level county flunkies and their spouses -- all chipping in their $lbo or $i,ooo when asked. 3e's a great motivator. "He has always kept the heat on, kept the pressure on," says state Representative 3ryan Williams (R-Akron). "He keeps people prepared and primed and ready to go." n 2000, the county party raised more than $2.19 million and spent $200,000 on TV ads, $300,000 on he sheriffs campaign, and $7oo,ooo in a failed bid for the county executive's office. he money doesn't just stay in Akron. In the last decade, the party gave $64,ooo to Bob Taft, $46,500 o Secretary of State Kenneth Blackwell, and a whopping $339,000 to Ohio Auditor Betty Montgomery. 'o Arshinkoff, though, the local game is paramount. He's not so much interested in policy, though riends insist he's a true right-wing believer. For him it's the power, and power is in the money: the alaries, retirement benefits, and perks intrinsic in several hundred county jobs. It all has to do with raising money, contracts, pay-to-play," says County Executive James McCarthy, a )emocrat. "If you don't give money to his party, you're not going to get jobs from the county -- or state ontracts." emocrats point to lawyer Deidre Hanlon. From 1996 to 2001, she earned $1.69 million from Attorney leneral Betty Montgomery's office. Most of the money came from an exclusive contract, allowing [anlon to sell assets of deceased Summit County residents to pay off their Medicaid bills. As The Plain lealer first reported, she was one of only two lawyers in the state to get such a contract. :er luck may have followed the money trail: From 1996 to 2001, Hanlon donated $121,000 to the )unty GOP. Meanwhile, under Arshinkoff, the Summit GOP gave Montgomery $244,40o during the >ame period. 3emocrats say it's a system where those who play ball are rewarded; the recalcitrant are punished. onsider Saundra Robinson. She beat a Democrat for a Juvenile Courtjudgeship in i99o -- a surprising ipset and a major victory for a party that counts its success by the jobs it controls. krshinkoff was in heaven. But Robinson was no pushover. "He made suggestions," she says. "Some of hem were good." She had no problem hiring loyal Republicans who were qualified, she says, but -efused to hire those who weren't. Chat was her fatal mistake. When it came time for her reelection four years later, Arshinkoff ran another 2epublican in the primary - with the party's full support. Robinson lost. "If I wanted to stay there, there roere rules to play by. I didn't," she says. "I know I could have gone the other way and stiIl be sitting :here today." Zim Hoover, then a Cuyahoga Falls councilman, found himself in a similar position in 1994• The county .)rosecutor's seat opened up when its longtime holder was appointed a judge; Hoover was widely onsidered the Republican Party's top choice. 3ut first Arshinkoff wanted to talk. The day before the appointment was to be announced, Arshinkoff nformed him of the people to be fired his first day, Hoover says. One was Fred Zuch, chief of the riminal division, a widely respected bulldog who paid no mind to the orders of party bosses. krshinkoffs reasons seemed nebulous at best, Hoover says. He refused. :t didn't take long for Arshinkoff to find another candidate: Maureen O'Connor, then a common pleas udge. She took the job. ` )'Connor didn't have to fire Zueh; Hoover's plight was leaked to the newspapers, and even Arshinkoff ,vasn't bold enough to order Zuch's termination after that. But the opportunity Hoover niissed is clear. Ave years later, O'Connor was elected lieutenant governor. She now sits on the Ohio Supreme Court. roday Hoover is a Cuyahoga Falls Municipal Court judge. He hears traffic violations, DUIs, and minor Irug busts. ie has no regrets. "I know who and what I am," he says. "Alex can say to me, 'If you'd listened to me, rou could be lieutenant governor, you could be a Supreme Court justice.' Well, I have no interest in hose types of things. And he can't beat me here in my own town -- and that's a source of great ivstration to him." :.ast election, Hoover faced a challenger in the Republican primary. He beat her handily. Soon after, ,rshinkoff appointed her to an open Municipal Court seat. She'd done her job by challenging the rogue tepublican; she'd eamed it. 3et people talking about Arshinkoff, and soon enough they'll mention the incident involving the Kent .tate student. "You've heard about that report, right?" they'll ask. Feign ignorance, and they'll offer you copy. n the six months since that night, the police report has been circulated among politicos, pushed at 13M ewspaper reporters, and whispered about wherever Democrats gather. The kid got a call from someone vho works for Summit County and someone at The Plain Dealer. The first wanted to know if he thought ^rshinkoff was dangerous; he didn't call the second back. Che kid isn't exactly basking in the attention. He doesn't want his name used; he has no intention of iling suit. "It's water under the bridge to me," he says. But he can't help but wonder: "What is a public Aficial going and picking up people like that?" Jothing official became of the report. The kid says the pofice never talked to him again. He didn't press he matter, either. Aluon Deputy Police Chief Mike Madden says the cops generally don't investigate 'field reports," which are generated by traffic stops rather than official complaints. You've got a he said/she said situation, or in this case, he said/he said," Madden says. "There's no way or me to make a case off of that." Sure, if the Idd is telling the truth, the incident could be a case of exual imposition, Madden says. But who's to say? There are no witnesses, no physical evidence. I don't know that anyone even took cognizance of this report when it came in," Madden says. "If it veren't that particular name on it, no one would even care." 3ut it is that name. And people do care. For a Republican who touts "family values," there's a question )f hypocrisy. There's also the antagonism factor: Arshinkoff has made so many enemies, they're vactically a political party of their own. Even people who say positive things about him are glad to nark when they know it won't get back to him. )f course, every powerful man has enemies, but the hatred Arshinkoff engenders goes beyond that. Jow, perhaps emboldened by the report, many people who've felt his lash are breaking their silence for he first time. 'ete Kostoff, the mayor of suburban Fairlawn for u'years, was a loyal party man who shared rshinkoffs Macedonian heritage. Their fathers were friends, and they'd attended the same Eastern )rthodox church for years. Kostoff was considered one of Arshinkoffs top lieutenants. ['hat meant little when Kostoff endorsed a Democrat in the Cuyahoga Falls mayoral race. It wasn't just my Democrat -- it was his law partner and close friend, Wayne Jones. Kostoff thought it would be OK, >ecause Jones was taking on Don Robart, a Republican known to be on the outs with Arshinkoff. ndeed, Kostoff thought he had Arshinkoff s blessing. "He told me I'd have to sit out for a period of time, iut then I'd be brought back to the party," Kostoff says. Like a good soldier, he agreed to step down rom the party's central and executive committees, presuming it was temporary. Arshinkoff told him hat he would also be supporting Jones, however quietly. sut as the campaign heated up, it became apparent that Arshinkoff was doing no such thing. Robart's ampaign literature was vintage Arshinkoff. It showed an aerial view of Jones's five-acre spread, calling tim out for supporting low-income housing because he didn't have to live by it. Lfter Jones lost and it came time for Kostoff s promised rehabilitation, he and Arshinkoff met for lunch. You'll have to buy a little time," Kostoff remembers his friend saying. ,fter six months, Kostoff could read the writing on the wall. "There are a lot of people pissed off at you," sshinkoff told him. [ was hoping you'd help explain this to them," Kostoff protested. 3^1 lo such luck. "It became convenient for me to be expendable," Kostoff says. Nithin the next three years, Kostoffs uncle was fired from the Board of Elections -- just one year before ie could retire with a decent pension, Kostoff says. His brother was fired from the engineer's office. His ister-in-law, the chief magistrate at Juvenile Court, returned from a week's vacation to find a letter acked to her front door. She, too, had been sacked. 'At the end of the day," Kostoff says, "people can say it's just politics, but I don't think you use politics to iurt people. He and his gang seem to enjoy inflicting hurt on people." zostoff gives money to Republicans he thinks are independent. He considers himself part of the tepublican Party. But he won't give it money, not as long as Arshinkoff is around. "Sooner or later, )ther people of conviction are going to stand up and tell him it's time to move on." ommon Pleas Judge Mary Spicer had always been a good Republican, though she was occasionally mnoyed by Arshinkoffs directives. He'd summon the Republican judges to lunch at Tangier or the ?ortage Country Club, then tell them who to hire, she says. She resented it. 3picer was the court's point woman for Oriana House, a halfway house the county used as a sentencing ilternative to hard time. Though Spicer did the nitty-gritty supervision work, all eight judges signed off m decisions and appointments. They were, technically, a"judicial corrections board," she says, though hey didn't ofFicially meet or take minutes. uch leadership may have seemed lackadaisical, but no one considered it a problem. The county was iappy with Oriana, says County Executive McCarthy. So were the judges. )r so they thought. :n February 2002, it was Spicer's task to get the other judges to sign off on appointments to Oriana's :itizens' advisory board. Most were reappointments -- people involved with the issues at hand, such as rocational training and rehab programs. I 3ut that wasn't what her fellow Republican, John Adams, noticed when Spicer gave him the papers to gn. These are all Democrats," he told her. picer was surprised. She'd never thought of party affiliation as an issue. Still, she agreed to let Adams ake the appointment papers and think it over. She couldn't formalize the appointments until another udge returned from vacation anyway. Adams says he "may have issue" with Spicer's recollections, but would prefer not to revisit "these hings.") Chen Spicer's phone rang. It was her cousin, Probate Court Judge Bill Spicer. He reminded her that the iling deadline for their reelection campaigns was a week away. He also asked her to hold off on the )riana appointments. "These are our last bargaining chips," he said. (Bill Spicer declined comment for his story.) vlary Spicer knew that Adams, Arshinkoff, and her cousin were tight. She also knew that another ommon Pleas judge, Democrat Jane Bond, was planning to challenge her cousin for his seat. The link vas clear, she says: The GOP would approve the appointments only if Bond got out of the race. '$ 3picer thought it ridiculous. Then she got a call from Arshinkoff. 3e was irate, Spicer says, and launched into a rant about Oriana House. "He said there was all this fraud md theft and corruption," she recalls, still amazed. But he offered no evidence, no specifics. Yelling, he ,>aid he was only telling her because he had to protect "his" judges. picer yelled back, finally shouting that she wasn't going to talk about it anymore. Then she hung up. :n short order, she got a visit from her cousin and his bailiff, Chris Masich. They asked her to get Bond :o drop out of the Probate Court race, she says. They told her she could promise Bond that she'd never ace an opponent again. picer resisted. She saw the party boss's hand. "This is how Alex Arshinkoff works," Spicer says. "He sends other people with messages, so he can say, 'I never said that"' horfly thereafter, Masich sent Spicer a note telling her to forget the whole thing. Judge Adams started naking a stink to the papers about problems with Oriana House's leadership, using buzzwords of 'fraud" and "corruption:" Che only judge to second him was another Republican running for reelection; after that judge innounced her concerns, her challenger, another Republican, decided not to run after all. :nsiders believe Arshinkoff wanted control of the jobs at Oriana. If the organization could be proved orrupt, the county could take it over -- meaning direct oversight by Republican judges, meaning more obs for the GOP to fill. 'Alex likes any place that has people," McCarthy says, "because that becomes patronage, contributors, ampaigners." lim Lawrence, Oriana's executive director, would accuse Arshinkoff of "running a political operation out A Common Pleas Court." But it was effective: State Auditor Jim Petro agreed to do an audit. Chen Adams -- despite only four years' experience as a Common Pleas judge -- was appointed to a ederal judgeship. And Arshinkoffs niece, attorney Betty Konen, announced that she was running igainst Mary Spicer as an independent. krshinkoff pushed an unprecedented amendment through the GOP's executive committee: From then )n, the party could give support -- and cash -- to independents, even those challenging Republicans. ipicer won her reelection, despite not getting a penny from the party or use of its in-house ommunications firm. She was also barred from using the party's bulk-rate postage unless Arshinkoff irst approved her mailers. (She declined.) till, Arshinkoff had his own interpretation of Spicer's victory. He noted to a friend that Spicer had been brced to spend $70,000 of her own money on the campaign. )picer isn't bitter. "I'm still here," she says. "And I have a new birth of freedom. I don't get calls ummoning me to lunch." She doesn't get told who to hire, either. She just gets ignored. 'he Oriana House fallout continues. Montgomery, one of the largest recipients of Arshinkoffs largesse, ook the auditor's position in January. A month later, she announced that the ongoing performance udit would be teamed with a more extensive "special audit." Due to Montgomery's ties to Arshinkoff, Oriana's attorney asked her for an independent, outside review. 3he refused. Four months later, she has yet to announce any major findings or problems, or complete the first audit. 3he's still looking. With Arshinkoff, politics always comes first. Callahan, the county councilman, remembers Arshinkoff >aying at a late-night poker game, "I've got a lot of friends in this business, but I'm in the business of ;etting people elected. That comes first. The job comes first." Good government can finish no better han a distant second. [n 1999, two Common Pleas judges completed a study showing that the Court needed two more judges. 1'he recommendation was approved by the county and the Ohio Supreme Court. The bill was written. knd then it died. Che reason? State Senator Roy Ray, an Akron Republican and Arshinkoff ally, lobbied fellow legislators :o kill it. His official reason: The courthouse didn't have room for two more judges. But Judge Mary Spicer says word drifted back from Columbus that Arshinkoff had stopped it. After all, nore judges meant more openings for Democrats, in years when Arshinkoff already had several :xpensive races to run. Che same fate befell plans to add a second Juvenile Court judge. For years, court workers had pushed 'or another judge as well as building renovations. 3ut talks between County Executive McCarthy, a Democrat, and Juvenile Court Judge Judy Hunter, a 2epublican, reached a stalemate in 2001. So Hunter asked Kostoff to run interference. Che Kostoff plan, recorded in a letter signed by Hunter in February 2001, agreed to details of building !xpansion and signed off on adding a second judge once renovations were complete. )ne month later, McCarthy got a terse, one-paragraph letter from Hunter. She wrote that she "must and io hereby rescind" her previous statements. She gave no explanation. (ostoff says Arshinkoff caught wind of the plan and stopped it. He was afraid Democrats would win the econd judgeship and wrest partial control of the Juvenile Court, which Republicans then held. iunter denies this, although she offers no explanation. "There were a whole lot of dynamics at work vith that whole scenario, including other issues beside court expansion," she says. As for Arshinkoff s nvolvement, "You would have to talk to him about that." rshinkoffs goal might be protecting his party, but it's irritated his opponents to the point of open ontempt. "I have no respect for him, for a lot of reasons," says Jones, now the county Democratic 'arty's finance chairman. "He's been in powerful positions, and he's used that position in no way to help he county. It's all for his personal gain." sshinkoff s power plays extend beyond government. He sat on the University of Aluon Board of 'rustees for nine years and was its chairman from 1997 to 2001. Fnder his watch, the board drummed out university President Peggy Gordon Elliott, after 460 ammissioning a report from then-Attorney General Montgomery on Elliott's hiring practices. wontgomery's report finished with "no recommendations or ultimate conclusions," but it was enough br the trustees to send Elliott packing, settlement agreement in hand. The trustees who supported her )uster were RepubHcans; Democrats were irate, but outnumbered. fohn Wray was the university's treasurer when he drew Arshinkoffs ire. Wray says he's still not sure Nhat happened, though he won't dispute that politics played a role. William Beyer, then the associate Ace president of administrative support services and Wray's boss, is more outspoken. 'John's work was outstanding," he says. "But you could see what was going on. There was talk for a ouple years that they weren't happy with him, because he did a lot of work for [then-Democratic ongressman] Tom Sawyer. That's the way things were up there." Wray, whose contract wasn't renewed, headed off to Walsh University in Canton. (t was hard to fight. Trustees are appointed by the governor, and for years, Ohio's governor has been ftepublican. Akron's board is stacked with big Republican contributors: Of the nine members currently -erving, eight have contributed more than $7,000 to county party coffers in the last four years, iccording to records. As for the ninth, her husband provided the money. 4rshinkoff may be gone from the university, but his relatives are still making money there. The rniversity began using the firm Buckingham, Doolittle & Burroughs for substantial amounts of legal Nork in i999• In 2001, the firm's workload dropped precipitously, and the university took on a new irm, Amer Cunningham Co., according to financial records. What happened? Konen, Arshinkoffs beloved niece, left Bucldngham, Doolittle in August 2001. She anded at -- where else? -- Amer Cunningham. , Hardball campaign ads have become Arshinkoffs signature. He uses TV extensively, even for judicial aeats, though Summit County is dependent on costly Cleveland airtime. Every penny seems to bring :orrents of mud. In one ad, Judge Bond -- who lost a tight Probate Court race last year - was accused of being under nvestigation by the Ohio Supreme Court because her husband did work for Oriana House, while she >upposedly supervised it. Vever mind that she hadn't actively supervised the program. Or that her husband earned a total of $2,000. Or that the Supreme Court had received a complaint from one of Arshinkoff s buddies, but Nasn't necessarily investigating. Presumably, a man who plays this brand of hardball should know the ball will eventually be fired back. VIichael Curry believes so. In the summer of 2001, Curry, who works for the Sumniit County Board of ?lections, spotted Arshinkoff at the Leather Stallion, a gay bar on St. Clair. The Democrat made a point )f greeting Arshinkoff "just to freak him out," he says. Chirty minutes later, Arshinkoff came over and asked him to stay quiet about seeing him there, Curry ays. Curry replied that it wasn't his style to out people. "It's just not my belief system," he says. ,rshinkoff seemed relieved. "If there's anything I can do for you, I'd be happy to do it," he said, `, Ol .ccording to Curry. _l Jbking, Curry seized the gambit. He named two friends, both Democratic judges. "I want to see that the :wo of them never have any opponents," he said. 'I can do that," Arshinkoff responded. 'I was shocked at the transference of power," Curry says. He'd been joldng, after all. But when he ran mto Arshinkoff several months later, at a gay dance club called The Grid, Arshinkoff waved him over. 'He said he'd live up to his end of the bargain," Curry recalls. ",urry decided not to live up to his. "I've just decided he's a hypocrite about it," he says. "He's gone out md recruited candidates who are homophobic and anti-gay." Also, it's tempting to envision the fallout: 'If he ever openly admitted he was gay, I think a lot of the money would dry up." rhe pyre is growing. The newest memo circulating among the anti-Arshinkoff crowd is a complaint phoned in to the board of elections. In the conversation, a former Municipal Court employee claims krshinkoff sexually harassed him. [t's public record, duly noted by a deputy clerk. Coupled with the police report, it's led to talk of an werthrow. But Democrats aren't sure how to play it. "We're a party that supports gay rights," says county Chairman ftuss Pry. "We don't believe in outing people. But we don't believe in being hypocrites, either. We don't )elieve in condemning someone's lifestyle -- and then secretly living it." kdds McCarthy, "If this was an elected official who had picked up a young girl, I think people would ►ave been all over that. And if Alex is a cruiser, if that's his M.O. ... I'm sure there are people within his ?arty that would be upset." .hris Bleuenstein, who recently quit the Republican central and executive committees, says he thinks .he gay issue may be the straw that finally breaks Arshinkoffs back. "Most people are aware of it," he >ays. "Stupid him -- he just keeps getting caught." rhe party, Bleuenstein believes, is probably "not enlightened enough" to deal with a gay leader. "I would mvision a coup," he says, adding, "He is not going to step down." Wadden, the Akron police deputy, says the whole thing doesn't seem fair. Arshinkoff hasn't been :harged with anything, and homosexual acts - Rick Santorum's views aside - are perfectly legal in )hio. "There's crime, and then there's embarrassment," Madden says. 3ut this is politics. And Alex Arshinkoff would be the first to explain: In politics, embarrassment is often mough. 4L EXHIBITE%NII Cjzvejand.com's Printer-Friendly Page CLEVELAND,COIN Everything Cleveland THE PL-AIN DEALER Summit County's godfather of GOP Alex Arshinkoff: adored, feared, effective Wednesday, March 22, 2006 Michael O'Malley Plain Dealer Reporter President Bush called him the most effective county chairman in America, praise that a good number of Akron Republicans would merrily second wlth a hearty "Hear, hearl" But behind the politicai scenes, whispers abound aboul Alex R. Arshinkoff, a mercurial firebrand who has maintained a fight grip on Republican money and patronage in Summit County for nearly 30 years. To Democrats, the Summit County Republican Party chairman is the devil himself. To Republicans, he is a bril0ant tactidan, raising millions of dollars to battle Democrats in a Democratic-heavy county, though he is not wfehout enemles in his own party as well. Arshinkoffs critics liken him to Tammany Hall's Bass Tweed or television's Tony Soprano. The Summit County godfather, they say, demands ioyatty and cash or else you can't play in his game. Pete Kostoff, a long-Ome loyal Republican and former mayor of suburban Faidawn, got kicked out of the game a tew years ago when he made a mistake of backing a Democrat In a Cuyahoga Falls mayoral race. Kostoff said the revengeful Arshinkoff used his power to have three Kostoff family members fired from govemment jobs, including his sister-7n-law, who was chief magistrate of JuvenNe Court. "They duct-taped the termination nofice to the door of her house," he said. "Alex attempts to hurt you by remote control." Some Republicans keep their distance from Arshinkoff, whispering that his old-styde buNying Is no longer effective and that the big man - he has weighed as much as 400 pounds and as littie as 200 - is losing his dout and control. Others are not bothered by Arshinkofrs heavy hand, saying a strong leader is neaessary in a county where Democrats outnumber Republicans 2-1. "I would hate to think what would happen to the Summit County Republican Party ff he were gone," saM Republican Mayor Don Robart of Cuyahoga Falls. "He keeps the party in line. There are always going to be malcontents.' One malcontent Is Cuyahoga Falls Municipal Judge Kim Hoover. He said he was picked by Arshinkoff about 12 years ago for Summit County prosecartor, a vacant posi6on that was to be filled by a GOP appointment. Hoover said that after a party meeting, Arshinkoff pulled him aside and said the job was his. A condftion a* was that on Hoover's first day, he had to fire a couple of people. http://www.cjeveland.com/printer/printer.ssf?/base/summit/114302025883700.xtn1&coll=2 3/22/06 Cleveland.com's Printer-Friendly Page Page 2 of 4 "I told him, Thats ugy. I won't do it,' " Hoover said. Hpover tost the appointment. Arshinkoff dedined to be interviewed for this story. "I'm not looking for a pumped-up story or a hatchet job," he said in a phone message. "I wouid rather not partidpate." One of his party lieutenants, Mike Kormushoff, said, "He's been in the news enough and wants to stay out of it." Arshinkoff is in the news mostly in the Akron area, where the daily newspaper, the Beacon Joumat, regularly beats him up in editorials, calling him names like "polhioal daddy" and "serial politioal buity." But In recent weeks, Arshinkoff caught the attention of newspapers across Ohio by battling state Ahomey General Jim Petro, a fellow Republican who is running for govemor. The two have been foes for years, but recently, Arshinkoffs IawyerJack Morrison accused Petro of shaking down lawyers for campaign contributions in exchange for state legal work. Morrison claims that he and other Akron-area lawyers lost work assigned to them by the attomey general's office because they backed candidates running against Petro or did not contribute to Petro's campaign. Petro, who denies the daim, wrote an opinion piece last month in The Plain Dealer saying he pulled the work because, "I beYeve that these lawyers were part of Arshinkoffs Tammany Hall-style operation ... lawyers who ... were diredly aligned wfth the Arshinkoff money machine." That machine is regarded as the most well-oifed, highly productive political organizatlon in the state. R is unique in fts ability to raise big money and keep control of power and patronage. Candidates today tend to rely on their own fund-ralsing, which can weaken a party organization. But Arshinkoff has maintained a pipeGne of donors, ranging from working-dass people on the public payroll to corporate exewlives. "He buitt the organization during the time when the rubber companies were stili booming in this town," said pofiecs writer Abe Zaidan, who spent most of his career wriBng for the Beacon Joumal before retiring In 1998 from The Plain Dealer. "He had the CEOs like John Ong at Goodrich and Eddie Thomas at Goodyear. He used that base of corporate power and werri from there. "Nothing happens unless money changes hands with Alex," Zaidan said. "You want to be judge? Fine. This is what h'll cost you." Zaidan, 74, who once described Arshinkoff, 51, in print as a"quick-witted sumo wresger with inexhaus8ble energy," remembers Arshinkoff just beginning in poif8cs, in the early 1970s. Arshinkoff was a college student who had a job cleaning toilets at the courthouse when he walked into the Beacon Joumal newsroom and met Zaidan. "This massive kid with bushy hair comes up to me and says, 'I'm running for council in Akron's fifth ward,' " Zaidan remembered. Arshinkoff, of course, lost hls bid in a ward that was 5-1 Democrafic. But by age 23, the college dropout, who would later become chairman of the board of trustees at the University of Akron, was the head of the county's Republican Party. Today, the job pays i80,000 a year, plus a car and expenses. Arshinkoff, who is also a lobbyist, gets an addHional $18,000 a year as a member of the Summit County Board of Elections. http://www.cjeveland.com/printer/printer.ssP?/base/s»rnmit/114302025883700.xrn1&co11=2 3/22/06 C16reland.oom's Printer-Friendly Page Page 3 of 4 "He's a guy who lives and breathes politlcs 24 hours a day," Zaidan said. "And tha4s why he's so effedive." In the 2000 presidential election year, Arshinkoff raised more than $4.8 million for candidates, Including $2.5 million for President Bush, said Monison, a member of the county's GOP Executive Committee. For comparison, Cleveland lawyer Mike Wise, who was dwinnan of Cuyahoga County's Republican Executive Commgtee between 2000 and 2005, said the Cuyahoga County GOP during that time never raised more than $500,000 a year for candidates. State Rep. Jim Trakas, fomier chainnan of the Cuyahoga County Repubecan Party, said Arshinkoffs model Is "poiifks the oid-fashfoned way." "Every county chairman would like to run a party like that," he said. Trakas, who is running for Ohio secretary of state, said he has a deep respect for Arshinkoff, even though the Summit County boss Is endorsing Trakas' opponent. "I'm not going to say a cross word about him," he said. "I'm not going to make the same mistake others have made " Lawyer Tom Watkins, a former state representative, made the mistake of crossing Arshinkoff 14 years ago by quesgoning the party's pdmary endorsements. Watkins, an opera singer who for 20 years sang the national anthem at the Republicans' annual Lincoln Day fund-raising dinner, seid he was told he could no longer sing at the dinners and was dropped from the Summit County Republican executive board. "If you cross him, you're excommunicated," said Watkins, who quh the party and became a Demoorat. Watkins, who is gay, said it was anti-gay posdions of Chairman Arshinkoff and the Republican Party's right wing that drove him to the Democrats. In the govemor's race, Arshinkoff backs Ohio Secretary of State Ken Btadcwetl, a strong opponent of seme- sex maniage, who once told the Columbus Dispatch: "Farmers know If you went eggs to eat you don't produce them with two roosters or two hens. You need a rooster and a hen." Watkins said soma people in the gay community are upset with Arshinkoff because he befriends gay men yet supports an anti-gay agenda, induding the state cons6bdional amendment that defines marriage as a union only between a man and a woman. Arshinkoff, who is married, has never publicly discussed his sexuality, even after a Cleveland weekly newspaper, the Scene, published a story three years ago titled "The Godfather in the Closet," saying Arshinkoff frequented gay bars in Cleveland. "IPs well known In the gay community," Watkins said. "And it doesn't matter that he is or is not gay - obviously a lot of people believe he Is. h's the hypocrisy." Judge Hoover said: "1've heard and seen enough that I think iPs true. It's laughable. Here's Blackwell oomparing gays tp bamyard animals and here'sAlex runnirtg around with his band of gay caballeros. Poligcs makes strenge bedfellows." Monison, Arshinkoffs lawyer, emphatically denied Arshinkoff is gay. He said the Scene story was a pack of lies aimed at destroying the county chairman. "We understand, and we can'tprove this, that his enemies went to the Scene and paid them to write the artide," he said. "If Alex was gay and hanging out at gay bars, we would have seen pictures in the newspaper. ft was made up. And that's pretty low." ^01 Asked why Arshinkoff did not sue the Scene for gbel, Morrison said he and Arshinkoff discussed suing the http://www.cleveland.com/printer/printer.ssf?/base/summit/114302025883700.xmi&co11=2 3/22/06 Cleveland.com's Printer-Friendly Page Page 4 of 4 newspaper, but decided It wasn't worth the time or money. Pete Kotz, edltorof Scene, said he stands by the story and laugfied at the allegation that the newspaper was paid to wdte it: "I only wish they pakt us," he said. "rve got f(ve kids and I need a college fund. Tell whoever was supposed to pay us to bring the money by." Some Insiders say the Scene story dealt a staggering blow to Arshinkotf, rendering him less effective In political cirdes, but Morrison said It only emboldened him to fight harder agalnst his enemies, "He Is more etfectlve now than he's ever been," Monison said. "Big-mmrtey Republicans are coming forward saying, 'Alex, we're not going to lel the Beacon Joumal and the Democratic Party tum this town Into a one- party town.' " To reach this Plain Dealer reponer. [email protected], 216-999-4893 ® 2006 The Plain Dealer ® 2008 deveiand.com AII Rights Reserved. http://www.cleveland.com/printer/printer.ssfl/base/sumtnit/114302025883700.xznl&col1=2 3/22/06 I Cleveland.com's Printer-Friendly Page Page 1 of 1 CLEVELAND,COM Everything Cteveiand THE P^ DEALER His recent battles Wednesday, March 22, 2008 Alex Arshinkoff, Summit County's tough Republican Party boss, has spent three decades battiing in the poftgcal trenches, taking on some tough opponents. Here are highlights of some recent battles: He forced United Way to pubficiy apologize for a scavenger hunt fund-rafser that sent scavengers to a Democratic campaign office but not the Repubficans'. Arshinkoff called it "a ctassic example of the liberal bias of social activists." He used his influence to block the addition of judges to the Summit County Common Pleas Court, even after the Ohio Supreme Court approved adding two seats. He batfled Common Pleas judges to force open the financial books of Oriana House, a nonprofit agency that runs a county corrections facifity. Two of the judges, including a Republican, signed affidavits stating that Arshinkoff attempted to interfere with their judiolal duges during the spat. ® 2006 The Plain Dealer ® 2006 cleveland.com All Rights Reserved. 4'l htt.p://www.cleveland.com/printer/printer.ssf7/base/summit/I 143034225324940.xm1&co11=2 3/22/06 ^ VtnFrvVIj... ylMMrt ^ Y ^ I4!h^^^^ aot to Coagbiin's petitions. Aisbin- wouM have found them. koff has said repeatedly that he Clash thinb Pete Sostoff, a ReRubli- "We did ours rl0t," he said. can attomey in the 6nn, B the ArShinkoff said the petitious mastetmnd behind the cani- ' filed by both the Democratic 18 panef candidates to replace him. With and Republican parties were kicked off the ballot onea soon to be named the pr^e-^cherJred before ehey were county Democratia Party's Sled and thm looloed over two Caqhnaadkatt Pap Ai more times by board employ- aes. He paid CmWhWs weren't the same," Jonea satd. ^^ pre-checl^ced, so^^otlinp^-s "Tbat's a perspective I dtin hold," VJilliams sa^d. ran the RelxtblteanfaFattyrs nized the same nnmber of tones thtee - at tbase fded by the 475 oenural mmmittoe posttioas Extra s4YUUIIy padeL in the Marrh 4 - with atsb;niroff saia t>^epehti^s needed e:tra scrutin bacause "We did our job," Arsbinkoff ^ ^p o^rtp su^^ the f7eimoamtic emp ees ap- said. the rest: Cougblia oontends he polnted by Jat^ea dnR be rt of additional has the suppo auvei Fittal digs candidates filed by the party, "You're so crazpt" said br^' ng those in his camp to Jones, who said tbat heAt thehasn't end of ^^.the election J^ ^ about 31.i. The or.ntenl commit- taw^ to Kostoff for three b°gi tee wlll meet 60 days after the that recent achousby primazy to decide the party's ICosurff has denied that he's lndudmgoommenbhemade to leadeship. behind the effart m^lace Ar- the Beacon journal, stepped Rttted off balleR shinkoff, although he has Said over the line and were "ciearly he'd like to see a new c3airman ^• He asked John Man- The electiona board idcked aad Is nuuuag for tLe yarty's 1°r. Summit County assist- 18 candidates for the Republi- oentral comm3ttee. (He wili be aut proaec,mtor wbo aztvises the can partyrs centrat committee to cmne up with a ^ offtbe March 4 bailat Thursday ^^Lew minutes more of on what outsideactdvittesa e because of problens with their sniRing between Jones and Ar- permissible for board emPloy- hons. Fourteen wetc candl shinkoff, Jones shouted, eeL r filed by Conghliq. "Enough!" and smacked his Williams said he made the The boatd w111 hold bearings hand on the table. comments to the Eeaoon Jour- on anothcr IS cgnttal comaut- Coughlin, who did not at- nal in his capacity as eucutive tee canilidatea: Axshinkoff and tend the board meetmg said af- vice c6airmao of the county Re- Jack Mortison tr„ the otber Re- terward that the pen{ians he pub]i.can Party, not as the elec- publLcan haard member, aay it filed were properly compiled tions board director. appears that someone other and submitted Se said ba will than the petition circulators defend the right of the candi- Arslunkoffand Jones got in a added. information to the peti- dates to remam on the baQot. few last dias after the meeting, tious "Alex Imows we've got the The two of them bave sparred Of those 18 candidates, alt o.umberttodefeatbim,"besaid. previously in board meetin but o,ce. were filed by Cougbtin. "He wiIl use every Stalia-em but the exchanges Thutsdaq Tfe board deadlocked 2-2 on tactic to get peopk ofl the baC- were langer and more mteam whether three other Republlcan lot. This is an act of despera- Jones said central committee candidates tion." "War's co should remain on the baliot. est m^^nk°ff as two stood Coughlin said le w11 zoc^u^ ft The Republican board mem- oopies of the pet^hot>S 51ed by lea beis contended should be the party today to look for "You're tryu to ailte over pnoblems with them. He said both par^tiest' Arshtnkoff Sta ^Tkmr any protests to the petitions barked back. ocrat, will cast the deciding woatd need to be 61ed with the vote, as required under state board by Tuesday. "You're always trying to find law. _ Arsbinkoff said after the somaone else to bYame," Jces three were meetiog tbat DemocntIo em- said, as the two stoanped out of MedA by CmOlbL datea ployees looked over the central the board romn Marijean Donofrio, the committee petidons 6ied by the st^am^k ran be reatm Democratic director of Republican Party and - iC there ^t iPS.a.. .. dte ^•^said durlag, had been any erro2s - they t3ie meeting that Coughlin's central commlttee petitions were given a special Iabel. She said'W'dliame asload board em- ployees to look over them a tltSttd time - onoe mozet}m the sauttiny given to the central committoe pditiona fi6ed by ei- ^ ^.R^tblu^n or Denw Wt7fiams mid au of the pHi- tions were available for mvtews by board employees ftam eacb Donof:io said W;ISiams man- tiaated fattes and Roetul & An- dresa, Jones' law firm, ralating ^ G ° 5 C1 g a a 3 ^ ^^ S^ w' x ^ 4 ry ^^ I t IffqjL jj ^^^^ ^ ^ ^ ^ ^- .^. fl'1111 it ^ ^ 1 ^^^14 ^ ^^'^ ^^ ^^^ ^ ^^^ ^^^5 ^ ^^^ ..^ S fl iui ^1L 7^^ 1.•1 • ^ve more scrutiny to his peti- tftat the board hold a yp^r^' ^ afld Im'9= EI^ {-^P^f^ 1 1^ 1111'1 C^ tions than to those fded bv the consider ce;n^t•+;nv them. Thev p7ovees'. Jl V Y1 ^1 V L1V p,atty - a clamt maoe by Uemo- are eapectea to tuP tllat request tttior+s att^y tt tttere Were any eb+ crahc board leaders. this weetc ro;s{ the'y tYou^d havk foun^. - Coughlii^ seeks copies cnu$hun smd he rh;n>^ Some coa^nua aaia wq 64ardis ^ tb^t. ., -.^^-of-these chatten es are "sladt eequlred to grant hearings fo; o^ suYVQillBnce taves aanls " w6ile he^ not as confi- _^ candtdates..B^u di the heai•- -^ :. : ^^` _..^.,•..^.^-aaa.^-.-.•^ --...... ",°.`"""77t%71t"anbtit others. Fle seia he . CrottUqnad han Page A3 _aoffiidered que.stioning about 30 t^will be^tatcen to court. ^^.:^ _.,' otb^ petitions but thaoght thesa i-- removed from the ballot -:^ weie too "iffv" and would be ^OArd to itlveSUgBte ThutsAay durtng^ a^etl ^ui;ted Wayne Jonea, ^the elections >;: en^thy eleMiolkt boatvd Bap 1L of the caudidates board's Democrallc chatrmatj^ ._eeting;^`17K board deadlac^ce$ Cou ghlin is chailenging he is said the board wtll eaamute ta^ t Z dn whetbgr twa otpet com- asldo^ the elections board to Coi>^hlin's challenSea A tniftee t^ndldatPS 4h,wld t'le (^S- hlrl,l wasinve nn nllnon^t nmh. f.vn 4nnm N,n.n,c .r.m„isn. v __ ^ _. -._^ . r....,,._. . w.n ..o ,.o.., o ..., r w ..,..:^,.- cast the'deci vote on q PeMy With J,mAeB sotin to be. thos^ two. . ^ . C`OUBhhn->ic'itingontbe atso is re+^s^8 a^ones tionforB s^aid the ^ mibnardghtdo ^ ^^rmafi'of the County The board will hold hearings Wlliiams, the Republican elec- an . internal investigation of p^^r^ p^'. ^- ^ult^.- ^ on questions ittvolving the pett- ti.ons board direotor who 'i5 run- Coughtin's, claim^ about Wil- P^ ^^` ^^^^ tions of another 18 centtat com- nttt8 for the perh^'s State Central ^c, petittor. I.Ie aaid thl^ ^'^!'.:^ ¢andedateaat.i p.m.Jnc ^-COifutifftee e 27th Senate ^ dtt begroun^tafordisqual- ThouB!?^.Cpttp,bl^n attJlhash't:; ^2:'^'t^T^'v>se," mostof tLese candi- Dicaict. He claims Williams got ifying Willian^s from rttnninp,r tdeatifigil^^ a eapdt''ddte^^to're(itsce>.. ^^ dates' petit[otu were filed by ^- sigleturea for his petition from btit would involve a"misuse of Arsh^hkofl; he said K'uesdy tlwt; Conghlm. elections I>^rd employees dur- tau dollars." the new^ cha't^,.B+qu]^ oot-.... . busmess hours. . ..-..Atahmhoff declined commettt ^°fin^^^ it _. : He said he' ..,Matt3t - rObICmS-Sl18^P ^.. '."' ^Coughliii is asldng for copies Tuesday, saying Cnughlin's chal- wouldn't 6uPPon having both ^ After the ^^- elections board of surveillance tapes from the lenges were a matter for the party chafrman iu one fltm, ^ g^ C said he, sev- electiona board for Dec. 20 to %2, electtons board ^ nf which, he is That does atofpass the smell : e^m! u,f his^ vo .^ teeis and three when WilIlams' petition was one of two Republican members test," Coughlin said^. ^ attotaeys esamined aR of the sigo.ed. - to decide. .. central comm(ttee petitions;. He ^ Williamc, who was in Colum- Arshinkoff said last week tbat w^^ ^^^ said they founil numerous prolr Mts on Tuesday for an elections the petitions filed by Coughlin ^^^ ^ lems ^- most 8led by the Republi- ^nference, couldn't be reached ^and the Republican Party were ^ ^ eaq Party - tht{t he was surpnsed ,for comment. gtv^ea equat scrutiny - gettin ^ ^ - weren't ^^aaught by eleciions Coughlin said seven of his looked over throe times, mcludg ^ ^ board employees. He said this is ^candidates who were disquali- ing prechecla given to the par- evidenec that.lioard employees fied last week plan to request ty's petitions bot not to Cough- . ^ Akron Beacron Journal Wednesday, January 23, 2008 "This is very clear in the coae PARTY LINt DI4IDE - either the person or their attor- RyrMlau ^ouats ney can appear and prewnt a de- Board fenae;' he said.'°Chat is what we did. Thts issue is a nm"ne." Ohio secretary of state David Langdon and Robert will break Summit tie Heydorn, the attorneys told board members that - had tbetr Contltmed trom Page Al cGents been required to testify - this would have been a violation control of the county Republican of their constltutional riphrs. Two of the peo^le wLo were Couglilin, R-Cuy Falls, subpoenaed to testdy showed up is trying to unseat Atasliwkoff by at the board meeting. -0aro1 gaining the majonty on the Mash, a candidate for the central caunty partljs central contmit- committee, and Cris Canute, tee in the March 4 election. That who circulated the petition for committee wilt meet 6l7 days af- Ronald Dale Lieving, another ter the pri to decide the committee candidate, answered part}rs lead The board board membees questions about plamted to hold fuminp Tues- the petitioas- day on quest'ions on the pe ntions Boerd members uuanimously of 16 candidates Coughlin filed voted to allow Mash and Ireving for the committee. to be on the batlot. Summit Baard membes argued about Neither of these candidates whether the heariags were nec- were filed by Coughiin. essary, considering that the The board voted to di9niss a political deadlme for disqualifyiog candi- challenge Couglilin filed involv- dates from the ballot - which ing the petltion of Bryan Wil- was last Moaday - has passed. liams for the Rartyfs State Cen- Wayne Jones and Tim Gor- tral Committee. Coughlin squabble bach, the Democrpnc members, claimed Wilrrams, the Republi- said the hearings weren't needed can director of the elections becau.seof the deadBne, but Ar- board, bad board employees sign shinkoff and Morrison said tlie his petition while on the clnrlc heatsup board still had a duty to look into alle A hearing was scheduled this ged "irregularities" on the Tuesday but the board opted Elections board argues candidates' petitiona. against Itaving it because Cough- after Coughb declines 'Breach of Iaw' lin wasn't present. Arshin4nff and Morr'cSon said Coughtin said he was not told to show up at meeting it appears that someone other that thls bear;ng had been ached- than the circulators for these uled. wawrmh candidates' petitioni made Clash over decision ^^ staft changes to the ctrculator state- The Summit Cotmty Board of me.ntL Arshinkoff called this "a Board members clashed over Blections deadtocked Tuesday serious breach of law" that Williams' recent decision to an a move that qould reailt in a would be ret'etnd to tbe county move Scott Sigel - a Republican contempt eitatidit agalnat state sheriff and prosecutor. board employee who was critical Sm. Kevin Coug1}Bn. Morrivon acct^sed the board's of the Republican Party's fi- move him?" he asked board Democratic members of "mal- nances - to a differeat p tton. membets. effortort^ Spmmr' ^Cou an nty feasance" for tryimg to prevent Sigel sent out a letter eall'^mg for "We are the board. You are Cbairman Almc k.rshininf, Iud the hearings and called this a Arshinkoff to bereplacedand an employee;" Morrison replied "Hail Mary attempt to Inter- e-^, -».....6 ...... ^ boazd nseetimg btit didn't fere." . Castro. has the authority to transfer em- Gorbach and Jones said they Williams said Sigel was trans- ployees, His atomce bjeensad AtsLro- didn't think the guestioo.s on the koff and )wk Mqrosun Jr tbs ferred to ballot layout - a job pougWin asked the Ohio Su- candidates' pedtwna rose to the with the same pay - to protect pmne Court on Frida ^ 'e licaa ^d Sig y to inter- tevel to wanant bearings. e1 and the board from "any vene in the ongoing fight over ^ . ore tbPm to aiplsin The board tied 2-2 - along political shenanigans' and re- central cotnmittee candidates. nes - about whether to al-- ove ' anY aPPearxvice of coa- He aslced the court..to prevem.. • he 16 cmdidates.who wem h^jro ^ye lving his IG can- "s3WlMMIV rmt^g to do'witlr. anppomd rones questioned this person- t wbat aide you'r^ oo," Marrieon pe^g and to on the ballot.^(Jones and ^ ne1 shift being made so ciase to allow these candPdates to appear said. "If you ch6oae not to a^- Mach were in favor of this.) the election. "I want to0 on onthe bagar. He also reques[ed pear, you are #launting tlns Ohio Secretary of State Jenni- board's anthonty; record: It's wrong," he ssitL that "the court reinstate seven fer Brunner wiIl deade both is- Sigel, seated in the audience, other candidates who the board But the I7nar4•s two Damo- sues that Ieatdted in tie votes, as told board members that he disQtyalified because of alleged Qat7n membeSVtl^ed ^t the prescribed [rnder State law. badn't been gtven the - pehtion problems. mk^admg to a 6®tae badt-aod- Though Congbtin and the ty to defend himsPJf H^sajd h s The court has not t taken eeaeim - thF seceod 1teeEed others who were subpoenaed political views didn't interfere any actioa yet Zh,mp a bamd eet- didn't appear, they did have at- wrth his ability to do his Bnance daminaYel6 ahe battlemfar totneys at the ttteetutg to repre- joh Siget said Wi3liamshas made s^n^ W^y, m be ^^ sent them. Co.uahlia seazd by tele- statements on behalf of Arshin- at aap.ass-37a5 u Pk^ve see 6ord, A10 hone aRer t6e meetittg that koff. "Where are you going to armamXhdUvaeawnpumsl.wm. vingp a lawye_rvthYere-'r ra^t^er fled theer^egm ^yitpder state law. AKRON Bi N Friday, September 21, 2007 ^ CNWY ^mmR mm Candidate petitions Council candidate court over ballot stays on ballot AURORA: An Aurora City MACF710NIA: A Macedonia Conacit candidate thrown off City Council candidate whose the Novetnber ballot tseGaase of residency was chaIlenged wilt a res[denCy issue has asked the remain on the November Ohio Supreme Court to ballo& interaede. By a lack of actEon, the Richard Uwlcan has Summit County â3oard of requested that the court ^rant a Electio4s this week pernritted wnt of mandamus requumg N'uk Moliaar to stay on the the Portage CountyHoard of Nov.6baltot Elections to put his name back Electiams boatd"Cliairu►an oa the Nov. 6 ballot. Alex Axshinlwf€made a motion This is ccrosddered an that Moluar be thrown off the eapedited election matter, ballot. Butthis step xrasn't supported by,other board dme^penods ^ n'e^ ^ members, so it failed. responses. Mo]nar, a candidate for an Thmoan, a candidate for an at-large council position, signed at-larg,e councalseat, contends papersfor a honme in he has homes in Aurora and Macedonia in September 2005, Middlefield, but lives in but didn't move tn untll Nov. Aurora. Elections board 21, 2005. The question was members didn't think he made whether this met a requirement a Qetsuasive enough case. under Maoedonia's charter of a His driver's license has the two-qear res[deucy to tvn for Middtefield address, aad he has ootutCiL _^ . _ norbeen payi6g income tas in Molnar is in athree-way Aurora. race against incumbents Michael Miller and Jan Tullcy for two four-year ts. Miller eIechoe nsrotedboard, clainth8 MoLoar did not meet the residency requirement. 0 KRON Akron Beacon Joumal • Tuesday, September 7S, 2pp7 Independents face election challenge Some suggest they're . DP"==l at f^ ^ ^ really GOp plants ^e ^ r^ - a^a ^- in Falls clerk race tngSeld. the^ Sone^• Bepub}imnJ°^ V"'^' and gy^ ^ ^ ^tne candiaates _ of ^a„^, ^t m ^ ^eae9^a^« - th ^,li ,. didaLes in the C Falle Milre Maranre,ul 63ed a caeu- ommon s race Plaint Ma have a Iot ►day with the Sum- m' o^ le ^^$oa^rd of Eleqio®s Manyof the same peop cizculate^i tbeir petitiaa^s.lhe M c^d^ are^- P^t►^ ca^m 3deoticai sig_ pendents. What we maEiy phab^ ^^ kidw order on the petitions even ap^ear to behind the cloak of aa hde have been typed on the sone peudent statius. Lilu^.1y, it's an y^^. ^ a faulty "m" attempt to fool the votets ^ M 11te caandidates are all oran is an at-large Hud- wamen and maet ^ by ^Be son council member, wLo, names- as does. . san Livr Iw^tim. Zeno is CaN a Deonocrat. nonparti- Car*o. 44, wtio rvss ap- Some are ^qu^ esho ' ^3° A^p aad W^- wLetlx^ the amdidatea a^ m^- ^^ ^, W^ de^demt ^ tbink the sis ^ ll for the se^r In the o are Plsnts by t6e Republican Plea9e see Cerk, AS q1U theroad." race at a meeting this morning. Arshinkoff said the Suntmit Clerk County Democratic Party got an Other hearings today independent candidate Diane Y he board wi11 hold two hear- Guzzo, to rup for Barberton Mu- ings today on other issues related One independent isn't nicipal Court judge to take away to the clerk's race. One concems part of the challenge votes from Diana Stevenson, the whether Goodrich,one of the Republican candidate in the candidates, asked for a Republi- nonpartisan race. Continued from Page Al can ballot for the Septemberpri- "I really learned a lesson from maty but then had an elections the Democrats," he said. "Wben board employee it to an vember election, party affilia- they ran riiane Guzzo a t tiotls won't appear on the ballot. i.ssues-only ballot^a change Diane Stevenson, I watchegd .t^hat must be made in person by the Carano and Widowfield will and said, 'I could emutate their face seven independent candi- voter. brilliance.", The second hearing is about dates. One, Robin Michelle Arshinkoff said the Demo- Hutchinson, doesn't appear to crats want to "divide up the whether Matthew Schaad, who have ties to the other six. `Diane' vote," circulated petitions for five of . The six candidates whose in- There are six candidates in the six indepehdent candidates, dependent status is at issue are actually witnessed all of the sig- the Barberton race seeking to re- natures. (Even if the petitions tie Anne-Marie Bretzin, Amy Grace place judge Michael Weigand, Goodrich, Carol A. Gostlm, Ruth who is not seeking re-election. circulated are thrown out, the Ann Mundy, Kimberly Stein- The other candidates are John candidates still are expected to wedel and Kristi Marie Sykora Casalinuovo, David Fish, Todd have the required 50 signatures.) McKenney and William Sre- Cuyahoga Falls Municipal Independent advisory mack. Court has ' ction in 16 com- In Moran's compiaint, he re- Wayne Jones, Summit Coun- munities allmadge to the fers to a U.S. 6th Circuit Court of ty's Democratic Party finance north in Summit County. Appeals decision that said "an ctiairrnan, said the party had no The winner of the Nov. 6 aspuittg independent candidate involvement in getnng Guzzo to election will fill the last two must actually be independent, nm, "unlike the Republican Par- years of the term of former Cleik rather than merely claim it." ty, which orcbestrated" the uxie- Eric Czetli, a Democrat who re- . Based on this court decision, pendents running in the Falls slgned to become deputy direc- Ohio Secretary of State Jennifer clerk race, tor of the Ohio Department of Bruner sent an advisory to elec- "I think it's a mockery of the Transportation's District 4. tion boards in June detailing system," Jones said. "It's clear to Widowfield, who has been a ways independent candidates me that they're all Republicans."" state representative since 2001, can be disqtalified,, including Jones satd eight of the people said he had noYhing to do with voting in a party's p elec- who ciraulated petitions for the getting the independent candi- tion or servutg on a= cen- six independent candidates in dates to rtm. tral or executive comtmttee after the clerk's race are Republican "All I do is concentrate on my 5ling as an independent. employees of the elections race," he said. "Whatever party "Ohioans are freely entitled board. politics wants to do, that's up to to change or revoke their party Guzzo, contacted at home the party." affiliation at any time," Bruner Monday evening, said that, Cararao, who worked in Sum- wrote. "However, voting histo- though she is a Democrat, she niit County Juvenile Court for 12 ry, together with other facts was not approached by the party tending to indicate party aH'ilia- years before being appointed clerk of the Falls court, cailed the tion, may be suf6cient grounds ^' looked a the field of candi- to disqualify an independ+znt:' recruitment of the independent dates and thought that I was just candidates "a sigu of despers- as quaified to run for that seat:' Clerk race different tion." She is concerned voters said Guzzo, a former Akron and wi.tl be. confissed when they see Alex Arshinkoff, Summit Stow assistant prosecutor who the long list of female candidates County's• Re ubltta^".., Parly has been a lawyer since 1989. on the ballot but thinks they chairtnan, saidpthe Falls clerk's Guzzo said she also didn't "won't be fooled" race is different from the appeals take into account that someone court case because it is nonpard- with a similar name was run- "As hard as I've been work- san. He said anyone is free to run V She called this "a coinci- ing, they know who I am," she for this post as an independent. " said. "There's no doubt in my "We encouraged people to The six independent•candi- mind that I'll be the top vote get- get involved," be said. "There's dates for the clerk's race could ter." an advantage to the Republican not be reached for comatent. Staphanle Warsmitfi can be reacbed at 330• Party for people to get ballot ex- The elections board is expet 996-3J65 or swarsmlthftebeacon}our• posure and be candidates down ed to set a hearing on the cferk's oat.com. AVI 22% 3 2 R ^ 3 a^^ , x A a +b^^x y y ^^•Qy9 q ^^a ^^ y ^^_ Yj ^ 8 g^^ x a^^^ ^, ^^ ^ ^K ^. ^9^ - I ^. ,^"^ I^^^^^ ^. A9 ^^^^^y^^^^^^^ ^•^^^ ^^^ ^ ^a ^ ^,^ ^•@s.^9 ^, ^° ^ ^ . ',"n^'^ ^^ . ^a^ e ^ ^^ Ii .^^ a • i^,.° ^ ay . y 9 "a8 y" 8 a. •a' ^ '^ ^ ^ ^^^^ ^ e^^ .^ ^ ^ ` â .^^'^^^^^^ ^^ .^'^ ^ ^^^^s ^ ^w ^ ^ ^' ^^ b^i^^^ `^ ^^^^ '&ll^ tr u ^^^a^^ '^• ^y ^•^^^k13 ^ ^' Sga^9^ ^ ^^^ ^'^^^^ . , ^^ ^ ^ $^^ ^^ ^i ^^ ^.^ ,^^ ^ ^ ^^^ ^•^. b^bll ^^^. ^^^`^ I I1 1 !1 W i1^^^^^^^^II ;i ii!^^^diI THE PLAIN DEALER Piain Dealer I Wedaesday. September 26, 2007 i ffe 6"mdependents or Republicans? TERRY OBLANDER dent filings, the only two candi- pendents. Clerks are court Ann Mundy, Kimberly Steinwe- PlairtDealerReporter dates were Carano and Republi- officials, be argues. del and Kristi Marie Sykora. canJohn Widowfield. Ohio Secretary of State Jenni- Candidate Robin Michel.le Axa ox -The Ohio secretary Republican Partq Chairman fer Brunner, a Democrat, will Hutchinson was unopposed by of state will decide whether six Alex Arshinkoff adrnits that GOP cast the deciding vote after the Democrats, but her name was candidates for Cuyahoga Falls workers prepared the nominat- elections board members Tues- sent to Brunner's office at the Municipal Court clerk can ap- ing petitions for the six caadi- day split 2-2 along party lines on Republicans' insistence. pear on the November Iiallot. dates at the party headquarters. a vote to certify the candidates Board members also split 2-2 Summit County Democrats Like the Democratic incumbent, to the bailot. Republicans fa- along party lines about certify- say the six, running as;indepen- all of the disputed six are vored putting the six on the bal- ing Edna Boyle, an inflependent dents, are really Re&blicans women. Most use a three-word lot, while Democrats voted candidate for Barberton law di- trying to siphon vo^s from name. a.gainst. rector. Democratic incumbent Lisa But, Arshinkoff says, the clerk Elections board Chairman Boyle, a Republican activist, Zeno Carano. The move;-is illegal candidates should have the same Wayne Jones said Democrats ran in a 2006 Republican pri- and all should be kept off the exemption that judges have want the secretary of state to mary to retain a judicial seat on November ballot, Degnocrats from a 2006 federal court deci- scrutinize the candidacies of An- the 9th Ohio District Court of say. sion that prohibits partisan can- ne-Marie Bretzin, Amy Grace Appeals, to which she had been Before the flurry of indepen- didates from running as inde- Goodrich, Carol Gostlin, Ruth appointed by Gov. Bob Tafi. Q* ^ ^if ^ ^ 1. ^ ^T^ o ^^^5.. ^ ^ E , A.a^q^ ^ LVA w i I' l l I : o 1 111 ro i1k'*. t Rka IPR• W" i[tr6S 49t ^ HO ^^^1^^ III j 11^0U^P. ^^., I°° F^^^ vi ^g l.^ UPI I FY I ^• jag .• g (^D if _^ : m , ^[66 °$ tf g I^ R ii tt 'fl 9 fl r t tl g ^^^^^^ ^ m^^^ ^^ ^^'^^ a^^^ ^^ ^•^.`^s ^s^ ^^:^' ^ ^ Q ..._^^ 50= ^ rt g 8^^&rm^^^ffie^ c ^«^^'^•^^m ^^$R.$^8 m ^ iPikiItU11t Lfl -^^^^ a8 ^^k^' " •^^6•^, '5'a ^^ ^^8:=^ ts 8 '$ ^^ ^c^`3, .^ c ^"8^ _ ^* ^^^^ ^^ ^ ^m:q- ^88 ^88 ^ ^»e 8t a°: P a 6 1 l 1 tv January 31, 2008 Secretary of State Jennifer Brunner Attn: David Farreli 180 E Broad St )r ^Q -- vE Columbus, OH 43215 ;A ?E19 Dear Secretary Brunner: Fro^SNI-j- It is my understanding that you are currently considering the appointment of Alex R. Arshinkoff to a seat on the Summit County Board of Elections. I write today to comment on his conduct as it relates to direct threats and intimidation againat me andthe Cityof Hudson, where I live and serve on city council. You may be aware that in 2004, the City of Hudson cited Kgen Arshinkof owiier. offh^ ;4rshuz-off resiclence, for di'splaying a politicai 'yar^ si^;n that, exceeded the: sl'z°e allowed by our city ordinances f received'a phcine"call 1^`rom Alex Arshinkoff to my home on the subject: The answering machine picked' up the call and, unbeknownst to me, recorded most of the conversation that ' followed. In his phone call, Mr. Arshinkoff insisted that the City of Hudson drop it's charge against his wife and that failure to do so would have consequences. Mr. Arshinkoff threatened to fully engage in Hudson local politics to defeat incumbent council members and the mayor with large amounts of money. In addition, Mr. Arshinkoff threatened to halt the State of Ohio from moving forward. on an ^ddi i nal 121tErChci^l^4^!! Stekte- RetlEe-&dwt-wiff°bCiIefiCff[Td5^3i^^`J• Seasons Road interchange is vital to our economic development efforts in Hudson. Mr. Arshinkoff vowed to use his influence in Columbus and "control" of the regional ODOT director to squash the project. WKYC in Cleveland reported twice on this intimidation and aired portions of the call. The stories they aired can be viewed here: \0 http://www.youtube.com/watch?v=WEJbHWFqOco http://www.youtube.com/watch?v=cycmINoS5NI I am equally concerned about the poor judgment Mr. Arshinkoff has displayed lately as a member of the Summit County Board of Elections. Specifically, Mr. Arshinkoff appears to be ordering Republican employees at the Board to break the law. Recently, the Beacon Journal reported that a public records request had uncovered a pattern of phone calls made by BOE staff from the Board office phones assigned to Alex Arshinkoff and Jack Morrison. These calls were made to prospective candidates for Republican Central Committee to recruit them to run and to poll their support of Arshinkoff as chairman of the county Republican Party. One of our staff members at Hudson City Hall, Elizabeth Sheeter reported to me that she received a call from the Board of Elections from staff member Patrice Kormushoff on December 10, 2007. A voicemail was left and she called Ms. Kormushoff back at the Board of Elections. Ms. Sheeter was asked if she would run for central committee, told that the party would help get her on the ballot, and was asked if she supported the current chairman. She declined and that was the end of the conversation. This is just one of the many troubling reports coming out of the Board of Elections involving Mr. Arshinkoff ordering staff to do questionable and possibly illegal things to achieve his ends. Other media reports detail his retaliation against a whistle blower who pointed out errors in the party's campaign finance reports. All this leaves the public with the impression that Mr. Arshinkoff cannot be trusted to run a fair election. If he is willing to bend or break he rules recruiting candidates, scrutinizing candidate petitions, and denying due process to employees and citizens, will he taint election results if given the chance? Alex Arshinkoffs pattern of intimidation and arbitrary and oapricious conduct in his role as a member of the Summit County Board of Elections should be reviewed. I respectfully urge you to not appoint him to the Board for a new term. Kindest regards, George Roth Kevin Coughlin 2324 Iota Avenue Cuyahoga Falls, Ohio 44223 February 1, 2008 Secretary of State Jennifer Brunner Attn: David Farrell RECEIVED 180 E Broad St Columbus, OH 43215 FEB 0 5_20D8 Dear Secretary Brunner: I am requesting that you investigate the arbitrary and capricious conduct of Summit County Board of Elections member Alex Arshinkoff and Director Bryan C. Williams. As you are aware, I am part of an effort to change the leadership of the Summit County Republican Party. In that role, I have had a fair amount of interaction with the Board of Elections. My experiences in recent months have left me with the impression that neither Mr. Arshinkoff nor Mr. Williams can be trusted to administer a free and fair election on March 4th. At best, Arshinkoff and Williams have harassed or delayed our efforts to obtain public records from the Board. At worst, they have violated the law and ordered Board staff to do the same. I have collected information from the Board of Elections for over a decade and have never had the kind of experience we are currently having. • Brian Juliao, a candidate for Republican central committee, visited the Board in November to pick up a petition of candidacy to run. He was'toid that he could not have one and that he should call Republican Headquarters. • Clara Gillen, an incumbent Republican central committee member, had her petition for candidacy circulated by the party. When they discovered she was not supportive of Mr. Arshinkoff's leadership the petition disappeared and was never filed. Another candidate was recruited and filed by the party. • Several BOE employees reported to me that Director Bryan Williams circulated his petition for Republican state central committee among Board employees at work. The petition, signed by the employees on November 21, 2007 seems to back up the witnesses. I requested a BOE hearing into the matter of the Williams petition. The Ohio Revised Code requires that I be notified of the hearing if one is scheduled. I was not. The hearing was held and the complaint dismissed. Mr. Williams is quoted in the Beacon Journal and on WAKR radio saying the complaint was dismissed because I failed to aftend the hearing. This is a vioiation of due process. Numerous media reports and the audio from the December 10, 2007 Board of Elections meeting detail how Republican BOE staff were ordered to scrutinize candidate petitions submitted by our group three times as much as petitions submitted by Mr. Arshinkoff's group. • As a result, several of our petitions were red-flagged by staff for invalidation that had absolutely no problem. Numerous petitions submitted by Mr. Arshinkoff's group ^1-61 were allowed to be certified, without red-flagging by the staff,-'despite serious deficiencies including not having enough valid signatures. (Board staff even noted in their check that the petitions had fewer than five valid names AND they initialed the notes). • A public records request has uncovered a pattern of phone calls made by BOE staff from the Board office phones assigned to Alex Arshinkoff, Jack Morrison, Bryan Williams, Maria Kotsatos,, Steve Kotsatos, and Patrice Kormushoff. These calls were made to prospective candidates for Republican Central Committee to recruit them to run and to poll their support of Arshinkoff as chairman of the county Republican Party. This is a clear violation of the law and your instructions. We are preparing a detailed brief for you on this matter and will forward it shortly. This will include the phone logs, statements from several people who were called, and statements from BOE employees who witnessed the calls being made. • I am personally aware of intimidation of BOE employees by Alex Arshinkoff and Bryan Williams regarding their allegiances in the party leadership contest. Employees have had their jobs explicitly threatened if they interact with me or my associates in any way. If Arshinkoff and Williams are willing break the rules recruiting candidates, scrutinizing candidate petitions, and denying due process to employees and citizens, will they taint election results if given the chance? Can I trust that they will comply with my request for absentee labels? Alex Arshinkoff and Bryan Williams do not conduct themselves in their roles at the Board as objective elections officials. They conduct themselves as partisans desperate to save their political positions. I urge that you look further into these and other matters and to remove them from their positions at the Board so the general pubfic can be confident of free and fair elections. Kindest regards, a AIL't Fax Transmission Date: February 29, 2008 To: David Farrell, Ohio Secretary of State's Office 614 485-7060 From: Kevin Coughlin Pages: 23 y 2I EXHIBIT V, C r[orn. JJU`JL00101 rmgtl. uL4 udle. uL`JrLUVO t.OUYO rw^ 7t/6 lYDMXkh5 49W SUMIIMIT COYINTY REPUBLICAN CENTRAL COMMITTEE ORGANIZATION MBETING June 14, 2006 6;30 P.M. Crown. Plaza Hotel 135 S. Broadway St. Akron, OH Chairtttan, Joe Hutclrinsoh aaked the audience to stand for the invocation by Dr. Deborah Owetts Fink and the Pledge of Allegiance by Clerk of Courts, James Laria Dr. Deborah Owens Fink•gava the Invocation. Clerk of Courts, Jarnes Laria led the Pledge of Allegiance. Dinner was served. Cha'srman Joseplt-F. Hutchinson, Jr. called the meeting to order. Secretary Robart Linton read the meeting call. _ . Secretary Linton moved thif the door e-h^eck be accepted' iix lieu of a rall call. The following members vrere present: Akrvn 1-A Jean Coleman Akron 1-® Cari W Sutier Akron 1-D James S Simon Akron 1-J Loretta M Haugh Akron 1•0 Jim Laria Akron 1-p Ralph Stamer Akron 2-A Mary Azar Akrbn.2-D Anthony Daniels Akron 2-F Gary Fagen Akron 2-1 Janet Kay FI®her Akron 2-K Janet Fisher Akron 2-L Christopher Drugan Akron 3-F Mattle McDonald Akron 3-I Vera Lonabury Akron 3-L Lamar Swells Jr a3g n^ lq--) Akron 4-A Otha Everage Akron 48 Teddy Marsha Marks Akron 4-E Michael R S6th Akron 4-F Sheridan Shropshire Akron 4-0 Mary E. Stewart Akron 4-K Madge Doefler Akron 4-N Mike Hoover Akron 4P Arthur Coates Sr. Akron 4-0 Maxine Slake Z 1 Akron 5-B Carot Brown Akron 5-G Ronald Lieving Akron 5-J John Coo(ay Akron 5-K Patriofa Ann Lance Akon 6-C Robert Smyth Akron 8-D Anne Nixon Akron 8.1 Gus Chamae Akivn e-K Raymond 8oott Milhoan Akron 6-L Don Longshore Akron 6-M Beatrice Lahr Akron 6-P Terri Lynn Barauskas Akron 7-A Cynthia H_ Low Akron 7-D Joyce Stull Akron 7=Cd David Mark Caney Akron 7-H Jill Flagg Akron 7KJ Jeenette D. Sullivan Akron 7-0 Klm Amold Akron 8-B John Stainhauer Akron 8-F Chanee Ashcroft Akron 8-O Bob Haffem Akron 8-H Ann Marie Kormushoff Akron 8-1 Irene Hany Akron tt-L Edwan{ H Ballinger Akron 8-M Richard J Humphries Akron 8-N Robert Linton Aknm 8-0 Howard Calhoun Akron 8-R Jonathan T PsvloH Akron 8-U Jane T. Senders Akron 8,A Donna Wolte Akron 9-B Dawn M Steed Akron 9-D Patdala Nap Akron 9-E Joanne Marie Angeletti Akron 9-L Betty J Biackbum Akron 10-C Deborah Key Oeborne Akron 10-K Cathy Sue Struble Akron 10-M BeatAoe Klein Barberton 2-B Ken Masich Barbarton 2-C ScotBtev*nson Barberton 8-B Wayne Altan Ault Beth twp A Ralph Rohner Bafh Twp 13 Ray Weber Bath Twp D 8een Gaffney 13ath Twp N Richard E Sutherland Copley Twp B A1bert Shelton Copley T1e'p C Judith Lee Otiertneyer Copley Twp F Rachael Day Copley 7wp M Mlchaei Mardis Coventry A Raymond Alexoff Coventry E Pamela Wayland Coventry F Chris Mollis Cuy Falla 2-B Matthew $chaad Cuy Falls 2-D Tamara Portnova Guy Falls 2-E Riohard Kiinger Cuy Falls 3-B Don Robart Cuy Falls 3-D Terry A 4aMng Cuy Falls 3-E Karen Foley wlq Cuy Falls S-A Helen Struhsaker Cuy Falls 8-B Mary Louise Brannan Cuy Falls 8-C Jennlfer Syx Cuy Falls 5-F Daniel T Conrad Cuy Falis 8-D Grace Ellen Jensen Cuy Falla 7-A Christy Lynn Opritza Cuy Falls 8-A Lynne Elizabeth Haas Cuy Falls 8-B Melissa Wilkinson Pairtawn 6-A Vivian Zook Franklin Twp A Sandra Dimaselo Franklin Twp K Cheryl Miller Green 2-B Suaan Lirtger Green 3-A John Allen Spfnelli Green 3-0 Carl Miokeleon Green 3-E Peggy Steen Green 4-A Jenntfer Troyer Green 4-B Ina Fairchikt Hudson I-C Alex R Arehinkotf Hudson 3:D James Puflaa Macedonia A Thomas Burroughs Meaedonia C Paul Farley Maoedonia E Gregory P Harris Macedonia F Kurt laubinger Macedonia H Lam Ash Mogadtue'B Chaties Steve Marks Munroe Falls C James Iona Munroe Falls D Susan Howard Munroe Falls F William J Mattingly New FtankBn E Eleanor Bigham New FrankNn I Viqaria Marie Murdocco Norton 1-B Mary Ann leak Norton 2-A Karen Elizabeth Stavarz Norton 2-B Robert J Catfery Norton 3-B Judy Foster NorEon 4-C Mary Rose Halght Reminderville B Patdak T. McCarthy SagamordHllls B Agnes Armatrong Sagamore Hills K Joe Maaich 8ltver Lake B Jaok Monisvn SpringAetd B Judy Ann Howard Springtteld E Tammy Erickson Springftetd J AAary Lou Dodson Springf•ield M Ronald Koehl®r Stow 1-A Lynn Slaby, Sr. Stow 1-E Mett Riehl Stow 2-IC RioharctA, •WII17s Stow 2ap Mike Chadsey Stow 3-B Karen Spoemdle Stow 3•-D Seott Bockbrader Stow 4-D Joyae Ann Amlung Talimadge 1-C l,eslle H Knight Talimadge 2-A Howard Atwood Tallmadge 2-C JoAnn M Wood Talimadge 3-B Traci Cirullo Talimedge 3-C Lawrence Clarke Talimadge 4-B John F Cochran s` ^ From: :i;iUyL;R31tl/ NBge: 5/24 Uate: 2729f2UUb 1:b11:4S9 NM Tallmadge 4-0 Louis Wray Twlnsburg 2-9 Mary Rose Gemlich Twinsburg 2-C James Ramsey Twinaburg 3-B Steve Murphy Twinsburg Twp B Lucy Dooley The motion was seconded. Chainnan I-Iutehinson placed the motion to a vote, The motion passed unanltnously. Hutchinson explained the effort by many volunteers in su.ccessfitlly filling the cinot committee positions. He thanked all of the voluntears that ntade this fiiing a ss and congratulated the newly elected precinct committeemen on their eieetion. Chairman Hutchinson explained that precinct coaunitteennen who for reasons of death, illness, relocation, or disquali£'ication, are wbable to serve their terms, therefore creating vacancies on the committee. He noted that due to those vacancies, it beeomes necessary to appoint prccinct committeemen in those precincts, and that in the past, the Central Committee has customarily approved the new appointees to fill such vacancies by a motion. He indicated that some of the newly appointed mamben, may be present and if so, they should be able to participate in the organizational meeting. Chainnan Hutchinson asked Bryan Wiiliams, Direotor of the Suttfitzft County Board of Electiona, to read the natnes along with the appropriate precinot designation of thosc who have agreed to serve as precinct conunitteemen by appointment, if they are formall.y approved by the Committee. Bryan Williams reported that the following individuals have agreed to serve as precinct conunitteemen. Juanita K. Labelle Akron 5-D Sandra Vober Akron 7-N Dowta J. Mallory Akron 10-E Carolyn Ann SimpsonAkron 10-J Patricia Ann Ley Cuyahoga Falls 4-E Richard Sistek Stow 4-E Wanda Steiner CopleyTownsbip I Joni Murgatroyd Coventry I Rita Au.fala Northficld Center Townsbip A Pearl Salhany Springfield N Bryan Williams moved that "the aforementioned persons be appointed to the Sununit County Republican Central Conunittee, and that they be permitted to parlicipate in this organizational meeting." The motion was seconded. LV rrom: a.wazoo ioi rage: oi[w uace: oeai[uuo [:ou:ou rm Chairman Hutchinson placed the motion to a vote. The motion passed unanimously. Chairman Hutchinson explained, for the benefit of the members, the general procedure in organizing the Central Committee. He announced that the Committee would be electing temporary officers pursuant to Ohio law and then permanent officers to serve the tWl term (2006-2008). He also announced that the Committee would be passing necessary resolutiotts for the operation of the committee. FIe stressed that he would be happy to answer any qucstions that members had relative to those motions. Joe Masich moved that Jonathan T. Pavloff serve as temporary Chairman and Robert Linton, serve as temporary 3eeretary for the purpose of electing perrnanent officers. The motion was saoonded. Chairman Hutchinson placed the motion to a vote. The motion passed unanimously. A motion was made noting the Ohio Revised Code pravides for the election of a permanent Chairman, a permanent Secretary, a Viee-Chatrman, and Treasurer, and such other offieezs as the rules of the Comniittee may provide. A motion was made that "in addition to the officers provided for by law, the Summit County Republican Central Conunittee name one Executive Vice-Cbair,nmatt, ttm additional Vice-Chairtnen, an Assistant Secretary, and an As'sistant Treasurer," The motion was se.conded. Chairman Pavioffplaced the motion to a vote. The motion passed unanimously. Alex Arshinkoffnominated Jonathan T. Pavloff for the office of permanent Chairman. The motion was seconded. A motion was made that the aominations be closed at that the Secretary be instructed to cast a unanitnous ballot for Jonathan T. Pavloff for the office of Chairman. The motion was seconded. Alex Atshinkoff stated that since the question dealt wlth the presiding officer and because he offered the motion, therefore, pursuant to Robert's Rules of Order, he would place the questaon to a vote, Alex Arshinkoff plaoed the motion to a vote. The motion passed unanimously. Jonathan T. Pavloff resumed the chair. 5 a^L 1 IVI11. JWJGJU 1 VI I-GaG. IIGY VGIC. ULJ/GVW L.W.JV rlYl Mayor Don Robart nominated Robert Linton fbr the office of permanent Secretary. The motion was seconded. A motion was made that nominations be closed at that the secretary.by instructed to cast a unanimous baUot for Robert Linton for the office of permanent Secretary. Chairman Pavloff placed the motion to a vote. The motion passed unanimously. A motion was made that nominated Joseph, Masich for the office of Executive Vice- Chairman. The motiod was seconded. A motion was made that the nominations be closed and that the Secrotary be instructed to cast a unanimous ballot for Joseph Masich for the office of Executive Vice-Chairman. The motion was seconded. Chairman Pavloff placed the motion to a vote. The motiott passed unanimously. A motion was made that nominated Kurt Laubinger for the office of Vice-Chaimian. The motion was seconded. A motion was made that the nontin.ations be closed and that the Secretary be instructed to cast a unanimous ballot for Kurt Laubinger for the office of Vice-Chaitmat,, The motion was aeaonded. Chairman Pavloffplaced the motion to a vote. The motion passed unanimously. A motion was made that nominated Madge Doerler for the office of VicaChairntan. T1ie motion was seconded. A motion was made that nominations be closed at that the Secretary be Instructed to cast a unaai.mous ballot for Madge Doerler for the office of Vioe-Cbalrmatx. The motion was seconded. Chairman Pavloff placed the motion to a vote. 'The motion passed unanimously. A motion was made that nominated Los Knight for the office of Vice-Chaurnan. The motion was seconded. 6 L133 rioiu. o.waCOO pot rage: O/[V uale: lJLarLUUO G:OUfDU rivi A motion was made that nominations be closed and that the Secretary be instructed to cast a unanimous ballot for Les Knight for the office of Vice-Chairmen. The motion was seconded. Chairman Pavloffplaced the motion to a vote. The motion passed unsnimously. A motion was made that nominated Joyce Stull for the office of Vice-Chairman. The motion was seconded. Chairman Pavloff moved that nominations be closed and that the Secretary be instructed to cast a unanimous baIIot for Joyce Stull for the office of Vice-Chairman. The motion was secortded. Chaitman Hutchinson placed the motion to a vote. The motion passed unanimously. A motion was rnade that nominated James Simon for the office of Treasurer. The motion was seconded. A motion was made that nominations be closed and that the Secretary be instructed to cast a unanimeus ballot for James Simon for the office of Treasurer. Cbairman Pavloff placed the motion to a vote. The motion passed unanimously. A motion was made that nominated Tammy Erickson for the office of Assistant Secretary. The motion was seconded. A motion was made that nominations be closed and that the Seoretary be instructed to cast a unanimous ballot for Tarnmy Erickson for theotTice of Assistant Secretary. Chairman Pavloff placed the motion to a vote. The motion passed unanimously. Chairman Pavloff explained that after the Pritnary Election results were certiiaed for the Precinct Cornmltteemen, Cbalrntan Arshittkoff and he appointed six members of the Summit County Republican Central Committee - three men and three women. These individuals were: Kim Arnold, Akron, 7-0 Peggy Steen, {3reen 3- E James .Laria, Akron, 1-0 Robert Linton, Akron, 8-N Kristina Kremer, Cuyahoga Falls, B-D 7 rlVlll.JJUtlLJVIV/ rGaC. iALY UqlO. LiLL1GUUU L.JU.JI-I-IYI Bryan C. Williams, Fairlawn 1-A These six individuals served as a nominating committee to present a report of theii recommendation of persons to constitute the 2006-2008 Summit County Republican Executive Committee, with Bryan C. Williatns serving as Chairman of the nominating conuxtittee. Chairman Hutchinson asked Bryan Williams to give a report of the nominating committee. Bryan Williams announced that the noaainating committee met on June 14, 2006 and read the following names: Drew A.lexattder Van Alexander Rennick Andreoli Kim Arnold Alex R Arshinkoff Chris Arehinkoff Howard Atwood Gregory Bachman Craig $ara Rollie Bauer Sara Benoit Maxine Blake Linda Lou Bowen Pat Boyle Denny Bradshaw Steve Brubaker Frances S. Buchholzar Howard Calhoun Michael Chadaey William Chris Arthur Coates Sr. Frances Cochran Jan Cook Kevin Coughlin Miko Curtin Carol Curtis Brian Deeken Mark DeMarco Gus Demaris Wllliam. Demas Mary Lou Dodson 435 8 Madge Doerler Andrew R Duff Fred Eastman Tammy Erickson Otha Everage Diane Fisber Howard Flood Wilma C3rifffa Jonathan Groza Gary Hagen Elizabeth Hamlin Dcidre Hanlon Bob HefPern Julia Hochschwender Michael Hoover Elisabeth Hurley Joseph Hutchinson, Jr- Clifford Isroff Candace Campbell Jackson Mark D Tenkins Yvonne Jesser Frances Kalapodis Leslie H Knight Ronald Koehler Maria Kotsatos StevenKotsatris Knistina Kremer Jim Larla Kurt Laubinger Earlene Laynaon Robert Linton Lynn Loftns Bonnie Lucien Tcd Mallo Joe Maslcb I Ken Masich Adam Meyerson Barbara Miller Chander Mohan Jack Morrison ICamel Muakkassa W.F. Nemer Denny Parks ^q3f 9 Rosemary Passeos Michael Pavick Jonathon T Pavloff Charles Pilliod, Jr. Tim Powell Bill Price Michael Pryce Roy Ray Matt Riehl Don Robact Gloria Rodgers Twyla Roman Nancy Rosche Bill Roth George W R,ath Matthew Schaad Julia Sigel Scott Sigal James S Simon Marilyn Slaby Peter Spitalieri Peggy Steen John Steinhauer Scot Stevensozl Michael R Stith Mary Stprmer Joyce Stull Paul Swanson Gary, Taylor Mary Taylor 14elen F Thigpen Phil Thomas Jennifer Troyer Sue Truby Jean Unger Gene Waddell Arlene Wagner 'rhomas Waltermire Ray Weber Cathy Wegm.iller Kathryn Wertzbaugher John Widowfield Bryan C Williams Helen Williams Louis Wray ^N 5) y3l 10 IIVIII.JJVOLJVIV/ ralyc. IG/LY UGLO. LfLDILVVV G.JV.JG rIYI Frances Yates-Bittle ri7 Bryan Williams moved that "the aforamentioned individuals constitute the Summit County Republican Executive Committee for the ensuing two yeer term, 2006-2008." The motion was seconded. Chainnan Pavloff placed the motion to a vote. The motion passed unanimously. Chairman Pavlo;fX' explained that a series of organizational motions are necessary so that the Committee can conform to the applicable stataes of the Ohio Revised Code and that he would recognize persons that would offer those motions. He. stre,ssed that after the motions were made and duly seconded he would be happy to answor any questions that the members may have relative to the motions. A motion was made that "any member of the Summit County Republican Central Committee and/or the Summit County Republican Executive Committee who votes in a partisan party primary other than a Republican primary, automatically ceases to be a member of the Summit County Republican Central Committee and/or"the Sununit County Republican . Executive Committee." The motion was seconded. Chairmart Pavloff placed the motion to a vote. The motion passed unanimously. A motion was made that "the Summit County Republican Executive Comnittee be authorized to ftll any vacancies that may occur on either the Summit County Republican Centtal Committee or the Summit County Republicau Executive Committee, and firrther, that the Summit County Republican Central Cotumittee authorfzes and delegates to the Summit County Republloan Executive Cotttm,ittee the authority to fill any vaoancies that may occur as to Republican candidates and/or otYYCcholders as permltted by law.° Tite motion was seconded. Chairman Pavloff placed the motion to a vote. The motion passed unanimously. A motion was made that "the Sutntnlt County Republican Executive Committee and its officers be authorized to conduct and manage ail Republican campaign efforts and do all things necessary for the operation of said campaigns, including, but not liniited to, operate a full-time headquarters and any other necessary auxiliary offices; conduct fundraising programs; expend monies for the conduct of catnpaign efforts and the operation of Republican I-ieadquarters including any related activities thereto; and execute any and all necessary contracts and agreements. The Summit County Republican Executive Conunittee, by and through its duly authorized otTocers, ahall further be and is I1 hereby authorized to engage in all necessary actions required to conduct Republican election campaigns, and to prorrzote Republican Party success." • The motion was seconded. Chairman Pavloff placed the motion to a vote. The motion passed unanimously. A naotion was made that "the 2008-2010 Summit.County Republican Central Committee consist of one member from each precinct in the County who files their Declaration of Candidacy and petition with the Summit County Board of Elections and is duly elected fbr a two year-term." The motion was seconded. Chahnm Pavloffplaced tho motion to a vote. The motion passed unanimously. A motion was made that "the Summit County Republican Central Committee pledge its support to only those state and local candidates who were duly nominated at the March 2, 2006 Republiean Primary election and any additional candidates who are endorsed by the Summit County Republiean Central Committee or the Summit County Republican Execudve Conunittee to fill vacancies on the ticket." The motion was seconded. Chairman Pavloff placed the motion to a vote. The motion passed unanimously. A motion was made that "the officers of the Summit County Republican Central Committee in conjuuction with the officers of the Sumnvt County Republican Executive Committee continue to bold. the annual Lincoln Day Dinner, if tu their judgment -it is desitable to hold such an affa.ir, and to do such other acts as will promote Republican Party success." 'fhe motion was seconded. Chairman Pavloff placed the motion to a vote. The motion passed unanimously. A resolution was offered that "any member of the Summit County Republican Central Committee and/or the Summlt County Republican Executive Committee who permits his or her name to be used, or his or ber campaign cottunittee to be used in behalf of orsolicits or gives support to or for any candidate other than a Republican candidate in any primary, or who permits his or her name to be used, or his or her campaign committee to be used in behalf of, or solicits or gives support to or for a candidate other than a regularly nonxinated, appointed, or endorsed Republican candidate in any special or generat election shall automatically cease to be a member of the Summit County Republican Central Committee and/or the Sununit County Republican Executive Committee." 12 rlurrr.DOuaeooi or rage. 14G4 Llale.UtarLuuoLAU.DOrIvl The motion was seconded. Chairman Pavloff placed the motion to a vote. The modon passed unanimously. Chairtnan Pavloff congratulated the following newly elected officers af the Summit County Republican.Central Committee: Jonathan T. Pavloff Chairman Joseph Masich Executive Vice-Chairman Kurt Laubinger Vice-Chaimaan Madge Doeler Vice-Chairnaan Les Knight Vice-Chairman Joyce Stull Vice-Chainnan Robert Linton Secrotary Tamnay Eriekson Asslstant Secretary James Simon Treasurer Chairman Pavloffthanked everyone for their continued support and introduced Alex Arshinkoff, Chainnan of the Suminit County Republican Executive Committee. Chairman Arshinkoff made remarks about the upcoming election. Chairman Pavfoffaanounced that if there was iiuthor business to come before the Committee he would entertain a motion to adjourn. A motion was made to adjourn.. The motion was seconded. The meeting was adjounned. Respectfi;ily subm Tamm^ E616on, Assistant Secretary Summit County Republican Central Committce yy0 13 el .x- ^A>n^►x Summit County Executive Committee Organizational Meeting U.S. Senator Charles Dick Volunteer Center Tuesday, June 27, 2006 6:30 PM Robert Linton, Secretary of the Surnmit County Republican Party, asked the members to stand while Judge Brenda Burnham Unruh gave the invocation and to remain standing while Mayor Don L. Robart led the Pledge to the Flag. Judge Brenda Bumham Unrnh gave the invocation. Mayor Don L. Robart led the Pledge to the Flag. Secretary Robert Linton asked the members to be seated and to enjoy their dinner. Dinner was served Secretary Linton calls the meeting to order and explained that Chairman Jonathan 1'avloff is out of town on business and can not preside and that he would be serving as temporary Chairman for the purpose of electing pertttauent officers according to the O4to revised code secti,on 3517.04. While serving as temporary Chairman he explained the Assistant Secretary of the Summit County Republican Central. Committee Taaamy Erickson would be serving as Secretary. Secretary Linton asked'fammy Erickson, Assistant Secretary of the Summit County Republican Central Committee, serving as the Secretary to read the meeting call. Tammy Erickson read the meeting call. Secretary Linton asked Tammy Erickson to read the roll call. Tammy Erickson read the roll eall and the following members were present: Alex Arshinkoff Chris Arshinkoff Sara Benoit Maxine Blake Howard Calhoun 5 ^ Margrat Brosnan Arthur Coates ^ Jack Cochran Tom Cousincau Pat Boyle W Carol Curtis Brian Daley Gus Demaris Tammy Erickson Gcha Everage Wilma Cirit'f'a Gary Fiagen DFe Hanion Mike Hoover Yvonne Jesser Bud Kissel Les Knight Ron Koehler Mike Kotmushoff Maria Kotsatos Steve Kotsatos Jim Laria Frank Larsoit Kurt Laubinger Robert Linton Don I.ongshore Steve Marks Joe Masich Ken Masich Barb Miller Dr. Chander Mohan Jack Morrison Denny Parks Rose Mary Posseos Anthony Petraca Matt Riehl Don L. Robart Matt Schaad Dr. Michael Seider Julia Sigel Jim Simon Peggy 4teen Scot Stevenson Joyce Stull Paul Swanson Jenny Troyer Sue Truby Gene Waddell Ray Weber John Widowfield Br.ys►rWilliams yy2- rrorrr.oOuetOoror rage. I 1It9 uale. ut3NGUVO tAU.04rIVl Lou Wray .Ann.Young Tammy Erickson reported the roll had been called and a quorum is present. `Q4 Secretary Linton announced that lames Simon will serve as Parliamentarian for the meeting. Secretary Linton recognized Scott Sigel for the purpose of making a motion, Scott Sigel moved that the following offices be created within the Summit County Republican Executive Committee to constitute the duly elected offices for 2006 and for a term of two years: Chairman, an Executive Vice Chalrman, five Vice Chairman, a Secretary, A Treasurer and a Assistant Secretary, and fiuther, that the Chainman receive a salary of $6,000 a month. Yvonne Jesser seconded the motion. Secretary Linton placed the motion to a vote. The motion passed unanimously. Secretary Linton recognized Don L. Robart, Mayor of the City of Cuyahoga Falls for the purpose of nominating a Chairman. Don L. Robart nominated Alex Arshinkoff for the otTice of Chairman. Bryan C. Williams seconded the nomination. Yvotu►e Jesser moved that tho nominations be closed and that the secretary be instructed to cast unanimous ballot for Alex Arshinkoff for the office of Chairman. Jack Cochran seconded the motion. Secretary Linton placed the motion to a vote. The motion passed unanimously. Secretary Linton congratulated Chairman Alex Arshinkoff and tumed the meeting over to him. Chairman Arshinkoff thanked the membership for his re-election. Chairman Arshinkoff recognized Les Knight for the purpose of making nominating an Executive Vice Chairman. Les Knight nominated Bryan Williams for the office of Executive Vice Chairtn.ao. Don Longshor.e seconded the nomination. Pat Boyle moved the nominations be closed and the secretary be instructed to cast a unanimous ballot for Bryan Williams for the office of Executive Vice Chairmatt. LALA3 Lou Wray Ann Young i- Taammy Erickson reported the roli had been called and a quorum is present. Secretary Linton attaounced that James Simon will serve as Parliamentarian for the meeting. Secretary Linton recognized Scott Sigel for the purpose of making a motion. Scott Sigel moved that the following offices be created within the Summit County Republican Executive Committee to constitute the duly elected offices for 2006 and for a term of two years: Chaimian, an Executive Vice Chairman, five Vice Chairman, a Secretary, A Treasurer and a Assistant Secretary, and further, that the Chalrman receive a salary of $6,000 a month. Yvonne Jesscr seeonded the motion. Secretaxy Linton placed the motion to a vote. The motion passed unanimously. Secretary Linton recognized Don L. Robart, Mayor of the City of Cuyahoga Falls for the purpose of nominating a Chairman Don L. ltobart nominated Alex Arshinkoff for the office of Chairman. Bryan C. Williams seconded the nomination. Yvonne Jesser moved that the nominations be closed and that the secretary be instructed to cast unanimous ballot for Alex Arshinkoff for the office of Chairman. Jack Cochran seconded the motion. Secretary Linton placed the motion to a vote. The motion passed unanimously. Secretary Linton congratulated Chairman Alex Arshinkoff and turned the meeting over to him. Chairman Arshinkoff thanked the memberalrip for his re-election. Chaitxnan Arshinkoff recognized Les Knight for the purpose of making nominating an Executive Vice Chairman. Les ICnight nominated Hryan Williams for the office of Executive Vice Chairman. Don Longshore seconded the nomination. Pat Boyle moved the nominations be closed and the secretary be instructed to cast a unanimous ballot for Bryan Williams for the office of Exccutive Vice Chaimlan, qliq Steve Kotsatos seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Jack Cochran for the purpose of nominating a Vice Chairman. Jack Cochran nominated Dr. Williams Demas for the office of Vice Chairman. Gary Hagen seconded the motion. Ron Koehier moved that the nominations be closed and that the Secretary be instnicted to cast a unanimous ballot for Dr. William Demas for the office of Vice Chairman. Les Knight seconded the motion. Chaimtan Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Kim Arnold for the pttrpose of nominating a Vice Chairman. Kim Arnold nominated Barb Miller fbr the Office of Vice Chairman. John Widowfield seconded the motion. Peggy Steen moved that the nominations be closed and that the secretary be instructed to case a unanimous ballot for Barb Miller for the Office of Vice Chairman. Maria Kotsatos seconded the motion. Chairnian Arshinkoff placed the motion to a vote. The motion passed unanimously. Chaitman Arshinkoff recognized Gaty Hagen for the purpose of nominating a Vice Chairman. Gary Hagen nominated Carol Curtis for the Office of Vice Chairman. Jotm Widowfield seconded the nomination Don Longshore moved that nominations be closed and that the seoretary be Instructed to cast a unanimous ballot for Carol Curtis for the offioe of Vice Chairman. Don L. Robart seconded the motion. Chairman Arshinkoff placed the motion to a vote, The motion passed unanimously. Chairman Arshinkoff recognized Maria Kotsatos for the purpose of nominating a Vice Chaitman, yys t-rom: BauJtsiS1 of rage: Nrta uate: dLaILUUV e:au:aa rM Maria Kotsatos nominated Deidre Hanlon for the office of Vice Chaitman. Dr. Chander Mohan seconded the motion. James Simon moved that the naminations be closed and that the secretary be instructed to cast a unanimous ballot for Deidre Hanlon for the office of Vice Chaimian. Kim Arnold seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Lou Wray for the purpose of nominating a Vice Chairman. Lou Wray nominated Paul Swanson for the office of Vice Chairman. Anthony Pertraca seconded the motion. Gus Demaris moved that that nominations be closed and that Les Knight seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Bryan C. Williams for the purpose of nominating a Secretary. Bryan C. Williams nominated Jack Morrison Jr. for the office of Secretary. Steve Kotsatos seconded the motion. Kim Arnold moved that the nominations be closed and that the searetary be instructed to cast a unanimous ballot for Jack Morrison Jr. for the office of Secretary. James Simon seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Pat Boyle 1'br the purpose of nominating an Assistant Secretary. Pat Boyle nominated Steven Kotsatos for the office of Assistant Secretary. Mike Chadsey seconded the nomination. Peggy Steen moved that the nominations be closed and that the secretary be instructed to cast a unanimous ballot for Steven Kotsatos for the office of Assistant Secretary. Scott Sigcl seconded the motion. yyb rrom: JJVaLJn 10 r rage: nrL4 Ua[e. o[ellcuVO t.w.ao Mn Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Don Longshore for the purpose of nominating a Treasurer. Don Longshore nominated Kim Amold for the office of Treasurer, Mike Chadsey seconded the nominated. Scott Sigel moved that the nominations be closed and that the secretary be insttvcted to cast a unanimous ballot for Kim Arnold for the office of Treasurer. Peggy Steen seconded the motion. Chairman Arshiukoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff congratulated the newly elected og'icers of the Republican Executive Committee. Chairman Alex Arshinkoff Executive Vice Chairman Bryan Williams Vice Chairman Dr. Williams Demas Vice Chairman Barbara Miller Vice Chairman Carol Curtis Vice Chairman Deidre Hanlon Vice Chairman Paul Swanson Secretary Jack Morrison Jr. Assistant Secretary Steven Kotsatos Treasurer Kim Arnold Chairman Arshinkoff introduces the new members oPthe Summit County Republican Executive Committee: Drew A.lexander Tom Cousineau Christine Croce Brian Daley Dr. John Fink Bud Kissel Frank i.arson Don Longsliore Steve Marks Steve Murphy Jolm Ong Michael Oravecz Anthony Petrarca Jr. yyl , rrom: a3ua2aoinf rage: ztitn uace: ueaizuus z:ou:ao rrvm Dr. Michael Seider Ann Young Chairman Arshinkoff recognized Mike Chadsey for the purpose of making a motion. Mike Chadsey moved that the Summit County Republican Executive Committee affirm the action of the Summit County Republican Central Committee on June 14, 2006 in that any member of the Sumrttit County Republican Centeal Committee andlor the Sumttiit County Republican Executive Committee who votes in a partisan party primary other than a Republican primary automatically ceases to be a member of the Summit County Republican Central Committee and/or the Stunznit County Republican Executive Committee. The motion was seconded Chairman Arshinkoff placed the motion to a vote, The motion passed unani.mously. Chairman Arshinkoff recognized Lou Wray for the purpose of making a motion. Lou Wray moved that the Summit County Republican Executive Committee affirm the action of the Summit County Republican Central Committee on June 14, 2006 in that the Summit County Republican Executive Comsnittee be authorized to fill any vacancies that may occur on either the Summit County Republican Central Committee or the Summit County Republican Executive Committee and further that the Summit County Republican Central Committee authorized and delegated to the Summit County Republican Executive Committee the authority to fill any vacancies that may occur as to Republican candidates and/or officeholders a permitted by law. Les Knight seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized Gary bIageti for the purpose of making a motion. Gary Hagen moved that the Summit County Republican Executive Committee affirm the action of the Summit County Republican Central Committee on June 14, 2006 in that the Summit County Republican Executive Committee and its officers be authorized to conduct and manage all Republican campaign efforrs and do all things necessary for the operation of said campaigns, including, but no limited to, operate a full-time headquarters and any other necessary auxiliary offices; conduct fundraising programs; expend monies for the conduct of campaign efforts and the operation of Republican Headquarters including any related activities thereto; and execute any and all necessary contracts and agreements. The Summit County Republican Executive Committee, by and tlirough its duly authorized officers, shall further be and is hereby authorized to engage in all necessary actions rr.quired to conduct Republican election campaigns, and to promote Republican Party success. Maria Kotsatos seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. y4$ rram: DOU`JtJOI W rage: tS/24 uai4': LILaILVlIO C.AIl.OO rrci Chairman Arshinkoff recognized Jack Coohran for the putpose of maldng a motion. 1ack,Cochran moved that that Summit County Republican Executive Comrrtittee pledge its support to only those state and local candidates who were duly nominated at the May 2, 2006 Republican Primary election, and any additional candidates who are endorsed by the Summit County Republican Central Committee or the Suntrr»t County Republican Executive Committee to fill vacancies on the ticket. Kim Arnold seconded the motion, Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chalrman Arshinkoff recognized Ron TCoehier for the purpose of making a motion, Ron Koehler moved that the Summit County Republican Executive Committee affirm the action of the Summit County Republican Central Committee on June 14, 2006 in that the officers of the Summit County Republican Central Committee in conjunction with the officers of the Sununit County Republican Executive Committee continue to hold the annual Lincoln Day Dinner, if in their judgment it is desirable to hold such an affair, and to do such other acts as will promote Republican Party success. Dr. Chandler Mohan seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshinkoff recognized "fammy Erickson for the purpose of making a motion. Tammy Erickson moved that the Summit County Republican Executive Committee affirnt the action of the Summit County Republican Central Committee June 14, 2006 in that any member of the Summit County Republican Central Committee and/or the Summit County Republican Executive Cotnmittee who permits his or her name to be used, or his or her campaign committee to be used in behalf of or solicits or gives support to or for any candidate other tban a Republican candidate in any primary, or who permits his or her nanne to be used, or his br her campaign committee to be used in behalf of, or solicits or gives support for an candidate other than a regularly nominated, appointed, or endorsed Republican candidate in any special or general election shall automatically cease to be a inember of the Summit County Republican Central Committee and/or the Surnnnit County Republican Executive Committee. James Simon seconded the motion. Chairman Arshinkoff placed the motion to a vote. 'The motion passed unanimously. Chairman Arshinkoff refers to vacancies on the Summit County Republican Central Committce. Pursuant to the rules adopted by the Summit County Republican Central Committee at is organizational meeting on.Tune 14, 2006 the Committee has the authority to fill those vacancies, yLiq r^Ofn. JJUaLJO^o^ r8ye. L^FlL4 ualtl. LlLauuuo LAN.w rrvl , • . . Chairman Arshinkoff recognized Bryan C. Wiiliarns, Executive Vice Chaitman of the Summit County Republican Executive Committee and Director of the Summit County Board of Elections for a motion. Vice Chairman Williams moved that: John R. Hudak of Richfield Village D Thomas Pinto of Akron 8-E Be appointed to the Summit County Republican Central Committee Don Longshore seconded the motion. Chairman Arshinkoff placed the motion to a vote. The motion passed unanimously. Chairman Arshittkoff gave his Chairman's report on the 2006 General Election and the 2006 Finance Dinner. Chairman Arshinkoff asked for a motion to adjourn. Scott Sigel moved to adjourn. Tom Cousineau seconded the motion. Meeting adjourned at 8:30 PM Respectfully submitted, a'ck Monrison ecretary Summit Co Republicatt Executive Comntittee "150 VIDEOTAPE OF DEPOSITION OF SECERTARY OFSTATE JENNIFER BRUNNER Filed herewith on March 14, 2005 is the videatape deposition of Secretary of State Jennifer Brunner, consisting of two tapes 1 of 2 (01:36 approx.) and 2 of 2(01:04 approx.) q51 VIDEdTAPElDVD DEpOStTION OF SECE}3TARY OF STATE JENNIFER BRUNNER Filed herewith on March 14, 2005 is the videotape.DVD deposition of Secretary of State Jennifer Brunner, consisting of two tapes lof 2(01:36 approx.) and 2 of 2(01:04 approx.) IN THE SUPREME COURT OF OHIO THE STATE OF OIIIO EX. REL. CASE NUMBER: 08-0478 SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE RELATOR, V9. JENNIFER BRUNNER OHIO SECRETARY OF STATE RESPONDENT. RELATOR'S EVIDENCE VOLUME Il TIMOTHY J. GRENDELL (#0005827) Grendell & Simon Co., L.I'.A. 6640 Harris Road Broadview Heights, Ohio 44147 Phone No.: (440) 746-9600 Fax No.: (330) 659-2278 E-mail; gendellandsimonnyahoo.com COUNSEL FOR RELATOR SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE - il^:'t 1 Y^i`==Ni CLGM( OF OOLiRT SUPREIUIE GUUC `I OF dNIO REIAJgR'S EV[DENCE Volume II Transcript of Deposition of David Farrell with Exhibits thereto. 1 1 IN THE SUPREME COURT OF OHIO 2 3 4 State of Ohio, ex. rel. Summit County 5 Republican Party Executive Committee, 6 Relator, Case No. 08-0478 7 vs. 8 Jennifer Brunner, Ohio 9 Secretary of State, 10 Respondent. 11 12 DEPOSITION OF DAVID FARRELL 13 14 15 Taken at The Office of the Secretary of the State of Ohio 16 180 East Broad Street, Suite 1600 Columbus, OH 43215 17 March 12, 2008, 9:53 p.m. 18 19 Spectrum Reporting LLC 20 333 Stewart Avenue, Columbus, Ohio 43206 614-444-1000 or 800-635-9071 21 www.spectrumreporting.com 22 23 24 y5Z Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 2 1 A P P E A R A N C E S 2 ON BEHALF OF RELATOR: 3 Grendell & Simon 4 6640 Harris Road Broadview Heights, OH 44147 5 By Timothy J. Grendell, Esq. 6 ON BEHALF OF RESPONDENT: 7 Attorney General's Office, Constitutional 8 Offices Section 30 East Broad Street, 16th Floor 9 Columbus, OH 43215 By Richard N. Coglianese, Esq. 10 Pearl M. Chin, Esq. 11 ON BEHALF OF RESPONDENT: 12 Ohio Secretary of State General Counsel 13 180 East Broad Street, 15th Floor Columbus, OH 43215 14 By Eleanor L. Speelman, Esq. 15 16 17 ALSO PRESENT: 18 Alex Arshinkoff 19 20 21 22 23 24 ys3 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 3 1 Wednesday Evening Session 2 March 12, 2008, 9:53 p.m. 3 4 S T I P U L A T I O N S 5 6 It is stipulated by counsel in attendance that 7 the deposition of David Farrell, a Witness herein, 8 called by the Relator for cross-examination, may 9 be taken at this time by the notary by notice and 10 agreement that said deposition may be reduced to 11 writing in stenotypy by the notary, whose notes 12 may thereafter be transcribed out of the presence 13 of the witness; that proof of the official 14 character and qualification of the notary is 15 waived. 16 17 18 19 20 21 22 23 24 y5N Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 4 1 I N D E X 2 Examination By Page 3 Mr. Grendell - Cross 5 4 5 6 Deposition Exhibits Page 1 - Mr. Farrell's handwritten notes 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (Exhibit attached to original transcript.) 24 y55 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 5 1 DAVID FARRELL 2 being first duly sworn, testifies and says as 3 follows: CROSS-EXAMINATION BY MR. GRENDELL: 6 Q. Would you please state your name for 7 the record. A. David M. Farrell. 9 Q. And, Mr. Farrell, what is your title? 10 A. I am the Deputy Assistant Secretary of 11 State and Director of Elections. 12 Q. How long have you held that position? 13 A. Since early January of 2007. 14 Q• And who appointed you to that position? 15 A. Secretary Brunner appointed me to the 16 position, sir. 17 MR. COGLIANESE: Can we go off the 18 record for a second? 19 MR. GRENDELL: Sure. 20 MR. COGLIANESE: I apologize. 21 (A short recess is taken.) 22 (The record is read as requested.) 23 A. Secretary Brunner appointed me to that 24 I position, sir. H^ LP Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 6 1 Q• You're a registered Democrat? 2 A. I have voted as a Democrat in the last 3 several primaries. 4 Q• What county are you from originally? 5 A. Clark County. 6 Q• And what did you do before you worked 7 for the Secretary of State? A. In terms of a career, my profession? 9 Q. Who was your employer? 10 A. The Ohio State University. I was 11 communications manager in the office of human 12 resources. 13 Q. Here in Columbus? 14 A. Yes, sir. 15 Q• Have you ever been deposed before? 16 A. I believe once a long time ago. 17 Q• We're' deposing you today in the Supreme 18 Court Case No. 08-0478, pursuant to a subpoena 19 originally scheduled to be deposed on Monday, but 20 due to your health issues it was rescheduled 21 today. And you thank you for your patience today, 22 because this went a little later than any of us 23 thought it would go. 24 I'm going to ask you a series of y 5^ Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 1 questions. If you do not understand the question, 2 ask me to repeat it. If you answer the question, 3 you will be indicating that you understand the 4 question you're answering. Do you understand? 5 A. Yes, sir. 6 Q. And for her sake, especially tonight, 7 you're going to have yes, no, and maybe. Because 8 head bobs aren't going to work at 10:00 tonight. 9 A. Yes, sir. 10 Q. Thank you. 11 Are you any under disability, 12 medication, or other influence that could affect 13 your memory or ability to understand the 14 questions? 15 A. No, sir. 16 Q. Have you received any special training 17 for your position at the Secretary of State's 18 office? 19 A. Prior to coming here or since I've been 20 here or both? 21 Q• How about since you've been here. 22 A. I have sat through a seminar that was 23 presented by the Attorney General's Office on 24 Sunshine Law and Open Meetings Act. I have also y5^ Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 8 1 attended the election officials conferernces, there 2 have been three -- let's see. Am I right? Yes, 3 three since I began my employment with -- 4 Q. What are your -- what is your job title 5 again? I'm sorry. 6 A. Deputy Assistant Secretary of State and 7 Director of Elections. 8 Q. And what are your day-to-day 9 responsibilities? 10 A. To oversee the campaign finance 11 section, the regional liaison section, and the 12 election section. 13 Q. And what are your responsibilities with 14 respect to the Secretary of State's appointment of 15 board of election members? 16 A. My role was to prepare the files and 17 the documents that were received from the various 18 executive committees of both Republican Party and 19 Democratic Party from all 88 counties for the 20 Secretary to review in order to make a 21 determination on who she wished to appoint. 22 Q• And in the case of the appointment of 23 the 88 Democratic recommended appointees, did you 24 -- did you receive negative letters, phone calls, Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 9 1 or other communications from individuals with 2 respect to those Democratic appointees? 3 MR. COGLIANESE: Objection to the form. 4 If you can answer it, go ahead. 5 A. As I recall, yes, there were at least 6 one or two -- could you repeat? 7 Q. Did you receive any negative -- 8 A. Say it again. I'm sorry, sir. 9 Q. Did you get any negative 10 correspondence, inquiries, or phone calls with 11 respect to the 88 Democratic appointees? 12 A. I believe there were two phone calls 13 and/or conversations that fit that description. 14 Q. And in what counties and from whom? 15 A. I believe -- to the best of my 16 recollection, one was Wood County, Mr. Al Baldwin. 17 And I believe the other was southern Ohio. I -- I 18 don't recall the name right now, nor the county. 19 Q. Well, what county -- how many negative, 20 you know, letters or correspondence, phone calls 21 did you receive? 22 A. I believe it was just one. 23 Q. And was it from a fellow Democrat or a 24 Republican? Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 10 1 MR. COGLIANESE: Objection. 2 A. I don't -- 3 MR. COGLIANESE: Go ahead. 4 A. I don't know. 5 Q- Do you know what the nature of the 6 communication was? 7 A. I believe it was a verbal conversation. 8 Q - And was the Democrat reappointed to the 9 Board of Elections in Wood County? 10 A. Yes, sir, I believe that he was. 11 Q. And the other county, although you 12 don't recall the county, do you recall how many 13 inquiries or negative inquiries you received? 14 A. Again, I believe it was one. 15 Q. And you don't know if it was a 16 Republican or a Democrat who made the inquiry? 17 A. I do not. 18 Q- And again in that case was the Democrat 19 reappoint to the board of elections? 20 A. Yes, sir, I believe so. 21 Q - Where are our exhibits from the last 22 deposition? We might as well use them, that way 23 we can save ourselves from grief. 24 Was there any other county that Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 11 1 generated as much letters and paperwork with, 2 respect to the proposed recommended appointees 3 that we see here in Exhibits A, B, and C from 4 Secretary Brunner's deposition? 5 MR. COGLIANESE: Objection to the form 6 of the question. If you can answer, go ahead. 7 A. Not that I recall, sir. 8 Q. Well, were there any files with respect 9 to Mr. Arshinkoff being maintained by the 10 Secretary of State before January of 2008? 11 A. No. 12 MR. COGLIANESE: Objection. To the 13 extent you know that, go ahead. 14 A. Not that I'm aware of, sir. 15 Q. Would you normally be aware of it in 16 your normal course of duties? 17 A. Not for the entire office, no, sir. 18 Q. Let me hand you what's been marked as 19 Exhibit A for the -- for the Secretary of State's 20 deposition and ask you to take a minute to take a 21 look at that. 22 MR. GRENDELL: And, Counsel, if you 23 don't mind, we'll just use the same exhibits and 24 let the court reporter deal with it. But that way y(pZ Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 12 1 we don't have to make more copies tonight. 2 MR. COGLIANESE: That's fine. 3 Q- Have you seen that document before? 4 A. Yes, sir, I believe so. 5 Q. And I have to have you put it down 6 because I can't read it. And this is something you received from 8 9 Marijean Donofrio. 10 And you received it on February the 11 29th, 2008 at about 12:54 p.m.? 12 A. Yes, sir. 13 Q. And did you solicit that information 14 from Ms. Donofrio? 15 MR. COGLIANESE: Objection. If you 16 can, go ahead and answer. 17 A. Yes, sir. I did. 18 Q. And why? 19 A. The Secretary had requested that I see 20 if I could locate a copy of the Summit County 21 Republican Party's constitution and/or bylaws for 22 either the central or executive committees. 23 Q. Were you asked to get a copy of the 24 Summit County Democratic Party's constitution and Realtime - videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 13 1 bylaws by the Secretary of State? 2 A. No, sir. 3 Q• What did you do with this information, 4 Exhibit A, when you received it? 5 A. I believe I either -- I either put it 6 in the file being maintained for Mr. -- for 7 whoever the second nominee was that had come in. 8 Q. Mr. Daley? 9 A. Thank you. Mr. Daley. Yes, sir. I 10 believe I either put it in his file or forwarded 11 it up to the Secretary, I don't recall which. So 12 I don't recall specifically if it went in the file 13 and the file went up to the Secretary, or if I 14 brought it up to the Secretary's assistant to give 15 to the secretary. 16 Q. If you go to the second page of what's 17 been marked as Exhibit A, it seems to be an -- an 18 e-mail from you to Eleanor Speelman, 19 S-P-E-E-L-M-A-N; is that correct? 20 A. Yes, sir. It does appear to be that. 21 Q. And who is Eleanor Speelman? 22 A. She is our general counsel here at the 23 Secretary of State's office. 24 Q. And you sent that to her on February Realtime - videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 14 1 20th, 2008 at 4:30 p.m.; is that right? 2 A. I'm sorry. Could you repeat that? 3 Q. And you e-mailed that to her on 4 February 28th, 2008 at 4:30 p.m.? 5 A. Yes, sir. 6 Q- And why do you do that? 7 Well, scratch that. 8 Who instructed you to do that? 9 MR. COGLIANESE: Objection. You know, 10 he's assuming you were instructed. If you were 11 given the name, if you are willing to tell him -- 12 A. I was not instructed, sir. 13 Q. Then why did you do it? 14 MS. SPEELMAN: Attorney/client 15 privilege comes in here. 16 MR. COGLIANESE: Yeah. Objection to 17 the extent that I don't want to get into why 18 you're sending things to the general counsel of 19 the Secretary of State's office. We're not going 20 to answer that one. 21 Q. Well, you received this on February 22 28th, 2008 at 4:23 p.m. from Mr. Stephen Yashnik 23 and Scott Sigel; is that correct? 24 A. It appears so, sir, yes. y^s Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 15 1 0- And you on your own accord elected to 2 send it to Ms. Speelman? MR. COGLIANESE: Objection. Do not 4 answer that question. Attorney/client privilege. 5 MR. GRENDELL: I don't think it is. 6 But certify that one for me, too, will you? 7 Please instruct the witness to answer the 8 question, and then you can certify it. 9 THE REPORTER: You are so instructed to 10 answer the question. 11 MR. COGLIANESE: You're advised -- in 12 fact, you are -- I am telling you that the 13 information that Mr. Grendell is asking again 14 seeks attorney/client privileged communication. 15 I'm instructing you not to answer that question. 16 I would recommend that you tell the court reporter 17 on the basis of advice of counsel, you're refusing 18 answer the question. 19 A. On the basis of advice from counsel, 20 I'm refusing to answer the question. 21 MR. GRENDELL: Send it over with the 22 other one tomorrow morning. 23 4• Let me ask you a question. The third 24 page of this is a -- starts to be a letter from yW Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 16 1 Mr. Scott Sigel, it goes on for several pages with 2 an affidavit. And then after the affidavit there 3 is a list of -- a roll call list, and then after 4 that is an Exhibit B. Did this all come as one 5 document like this? 6 MR. COGLIANESE; Take your time and 7 review it if you want to. 8 MR. GRENDELL: Forget the 40 minutes. 9 A. Sir, I honestly don't remember if, 10 indeed, all of these items were with the e-mail. 11 But as I read the e-mail, it does indicate 12 attached is a letter and an affidavit, and it 13 appears to be a letter and it appears to be an 14 affidavit, but, again, I honestly can't truthfully 15 say, yes, those items actually came with that 16 e-mail. 17 Q• Did you do anything with that Exhibit B 18 other than send it on to counsel after you 19 received it? 20 A. Not that I recall, sir. 21 Q. You didn't verify any of the 22 information that's contained in Exhibit B after 23 you received it? 24 A. No, sir, I did not. Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 17 1 Q. I'm sorry. For the record, Exhibit A. 2 You didn't do anything with Exhibit A after you 3 received this, as far as verifying the 4 information? 5 A. No, sir, I did not. 6 Q. All right. Let's go to Exhibit B. 7 Have you seen Exhibit B before? 8 MR. COGLIANESE: Again, take the time 9 you need to review the entire document. 10 MR. GRENDELL: Off the record. 11 (A short recess is taken.) 12 Q. Had enough time to review it? 13 A. Yes, sir. 14 Q. Have you seen it before? 15 A. Yes, sir. 16 Q. And when did you first come to see 17 what's marked as Exhibit B? 18 A. I honestly don't recall when the first 19 time was that I saw it. 20 Q. Well, it has to be on or after February 21 lst, 2008, would you not agree? 22 A. Based on the time stamp, your question 23 again, sir. 24 Q. Well, did you receive it before -- see Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 18 1 it before it was time stamped? 2 A. I -- 3 MR. COGLIANESE: Objection. 4 A. Again -- I'm sorry -- 5 MR. COGLIANESE: Go ahead. I mean. 6 A. I -- I don't know. It -- based on the 7 time stamp, it would appear that I couldn't have 8 seen it prior to February lst, 2008 at 11:45 a.m. 9 Well, were you the recipient of that 10 11 This or else a copy of it was delivered 12 to my office. 13 Q. By whom? 14 A. I don't know. It was in -- I have an 15 inbox, and when I came back from a meeting it was 16 in the inbox. I believe what I remember was 17 wondering where it came from, and I saw the time 18 stamp, which said walk-in. And I believe I asked 19 the young woman who works out at the front: Do 20 you know who dropped this off? And I believe her 21 response was, no, someone just came and dropped it 22 off. Because I-- and I do remember when I saw 23 walk-in thinking, well, wonder where this came 24 from. Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 19 1 Q• Does the Secretary of State's office 2 have a policy about accepting anonymous material 3 dropped off at the counter? 4 MR. COGLIANESE: Objection. 5 Q. Do you have a policy? You should. 6 MR. COGLIANESE: To the extent you can 7 answer that question or one of the two questions 8 posed to you -- 9 Q. I take it back. 10 Do you have a policy -- did the 11 Secretary of State have a policy about accepting 12 anonymous materials dropped off at the Secretary 13 of State's office? 14 MR. COGLIANESE: Objection. If you can 15 answer the question, David, go ahead. 16 A. Not that I'm aware of, sir. 17 Q. Okay. So this thing is put in your 18 inbox, but you don't know what date? 19 MR. COGLIANESE: Objection. 20 A. I don't recall, sir -- 21 MR. COGLIANESE: Go ahead. 22 A. -- honestly. 23 Q• And what did you do when you received 24 this in your inbox? Lil 0 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 20 1 A. If I remember correctly -- it was 2 around the time that we were preparing files for 3 all 176 potential appointments of board members. 4 And if I remember correctly, I put it into the 5 file for Summit County. 6 Q. Did you receive any other anonymous 7 letters with respect to any of the other 175 8 appointees to local boards of election? 9 MR. COGLIANESE: I -- I lost the 10 question in the middle, I apologize. Can you read 11 it back, please. 12 (The record is read as requested.) 13 MR. COGLIANESE: Thank you. 14 A. I don't recall, sir. 15 Q. After you received it and put it in the 16 file, did you do anything else with Exhibit B? 17 A. Not that I recall, sir. 18 Q. Exhibit C from the Secretary of State's 19 deposition, why don't you take and minute and 20 review that, please. 21 A. I've reviewed it, sir. 22 Q. Have you seen Exhibit C to the 23 Secretary of State's deposition before? 24 A. I believe I have. 4-11 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 21 1 Q. And just for the record, I'm going to 2 ask the court reporter to make a separate copy of these and attach them to Mr. Farrell's deposition. 4 - When did you first see what's been 5 marked as Exhibit C? 6 A. I don't recall. 7 Q• Would it have been on and after 8 February 29th, 2008? 9 A. Based on the date that's on the cover 10 sheet which indicates February 29th, 2008, I 11 believe that would be a safe assumption. 12 Q• Now, you're listed as the recipient -- 13 the addressee of that document; is that correct? 14 A. Yes, sir. 15 Q• And is that your fax number, 16 614-485-7060? 17 A. May I check, sir? 18 You certainly may. 19 I don't know my own fax number. I 20 21 Don't apologize. I don't know mine. 22 A. Yes, sir. It is -- it's on my business 23 card, that's how I was able to verify 24 Q• I'm with you. y'1Z Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 22 1 Was that faxed to you on the 29th, do 2 you know? 3 A. According to the date that appears to 4 be printed on the -- printed by the fax machine on 5 the cover sheet, it does appear to come in on the 6 29th'of 2008, February 29th of 2008. 7 Q• So this fax information on the top of 8 page 1 of Exhibit C is printed on by the Secretary 9 of State's fax machine or -- 10 MR. COGLIANESE: Objection. 11 Q. You don't know? 12 MR. COGLIANESE: I mean, to the extent 13 you know. 14 Q. If you know. If you don't know, you 15 don't know. 16 A. Sir, I don't know. 17 Q• I can't read it. It's half there. 18 And I am sorry. What did you do with 19 Exhibit C when you received it? 20 A. I -- I don't recall. I -- I don't 21 recall, sir. 22 Q. Did you ever discuss Exhibit A with 23 Secretary of State Brunner? 24 A. Yes, sir, I believe I did. 913 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 23 1 Q. And when did you do that? 2 A. Could you expand on that? I mean, are 3 you looking for a specific date or time or -- 4 Q. A date is good to start. 5 A. I don't recall a specific date, sir. 6 Q. How about a time? 7 A. I don't recall a time, sir. 8 Q. How about where? 9 A. I believe it was in her office. 10 Q. And was it before the discussion was 11 made not to appoint Mr. Daley to the Summit County 12 Board of Election? 13 A. Yes, sir. 14 Q. Exhibit B, did you discuss Exhibit B 15 with Secretary of State Brunner? 16 A. As I recall, yes, sir. 17 Q. And when did you do that? 18 A. It was, I believe, at the same time 19 that we had a discussion for Exhibit A. But, 20 again, I don't recall the specific date or time. 21 Q. Fair enough. 22 Where was the discussion held? 23 A. In Secretary Brunner's office. 24 Q. And was it before Mr. Daley's Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 24 1 appointment was disapproved by the Secretary of 2 State? 3 A. Yes, sir. 4 Q• Exhibit C, did you discuss that with 5 Secretary of State Brunner? 6 MR. COGLIANESE: Off the record. 7 (A short recess is taken.) 8 Q• Mr. Farrell, at the time you received 9 Exhibit C, let me come back to this -- we'11 get 10 to the other question in a minute. 11 But at the time you received Exhibit C, 12 were you aware of the fact that Kevin Coughlin had 13 filed legal complaints before the Board of 14 Elections or had legal complaints bending before 15 the Board of Elections? 16 A. No, sir, I was not. Are you -- I'm 17 sorry. Do you mean the Summit County Board of 18 Elections? 19 Q. The Summit County Board of Elections. 20 A. I was not, no, sir. 21 Q. Now, back to Exhibit C. Did you 22 discuss that with Secretary Brunner? 23 A. This document, sir? 24 Q. Yes. y7S Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 25 A. I'm been trying to remember. I don't 2 specifically recall discussing this document. 3 MR. COGLIANESE: Let's make sure we're 4 clear. It was that document, as opposed to the -- 5 Q. Exhibit C? 6 A. Exhibit C. Yes, sir. 7 Q• There are no trick questions at 10:00 8 at night. 9 All right. We have to mark for you -- 10 of course the paper keeps moving around this 11 table. There it is -- Exhibit 1 for purposes of 12 your deposition. 13 14 Thereupon, Deposition Exhibit 1 is marked 15 for purposes of identification. 16 17 MR. COGLIANESE: I got it. Thank you. 18 Q• First of all, can you identify that 19 paper for me? 20 A. Yes, sir. 21 Q• What is it? 22 A. It's some notes that I took during a 23 conversation I had with Mr. Donald Varian. 24 Q• And for -- when did you have that Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 26 1 conversation? _ 2 A. I believe it was early evening, 3 February 29th. 4 Q. And who instructed you to have that 5 conversation? 6 A. Secretary Brunner. 7 Q. And what specifically did she instruct 8 you to do with respect to talking to Mr. Varian? 9 A. As I recall, she had phoned me in my 10 office and asked me to contact Mr. Varian and to 11 ask if he would be interested in being appointed 12 to the Summit County Board of Elections. 13 Q. Was that the first time Secretary of 14 State Brunner talked to you about Mr. Donald 15 Varian? 16 A. As I recall, yes, sir, it was. 17 Q- There was no prior conversation on 18 February 27th or 28th between you and Secretary of 19 State Brunner in which Mr. Varian's name came up? 20 A. Not that I recall, sir. 21 Q. Did you ever receive a resume from 22 Mr. Varian? 23 A. No, sir, i don't believe I did. 24 Q. Did you ever receive Secretary of State yll Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 27 1 forms 300 or 302 with respect to Mr. Varian? 2 A. I don't believe so, sir, no. 3 Q. Did you initially propose or give 4 Mr. Varian's name to the Secretary of State as a 5 possible candidate for the Board of Elections? 6 A. No, sir, I do not believe I did, no. a; 7 Q• So she gave the name to you? 8 A. Yes, sir, that is how I recall it. 9 And prior to that date, the 29th of 10 February, did she ask you to do any inquiry or 11 investigation into Mr. Varian's qualifications? 12 A. I -- I don't recall. If I remember 13 right, she -- she said please call me back, let me 14 know if he's interested, and if you have any 15 concerns with his potential appointment, if I 16 remember. 17 Q. But this was the conversation you had 18 with the Secretary of State in the evening of 19 February 29th, 2008? 20 A. Yes, sir. 21 Q. Okay. And then you take these notes 22 based on your telephone call? 23 A. Yes, sir. 24 Q. What does the word "Former" mean? y1% Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 28 1 A. I don't -- I don't recall, sir. 2 Q• I can't read the next line. Can you read it for me, please. 4 A. Served levy committee. 5 Q. what does this mean? 6 A. I believe it was short for served on a 7 levy committee. I believe he had told me he had 8 been on -- on a local levy committee, if I remember right. 10 Q. And then it says, executive committee 11 two years. What does that mean? 12 A. As I recall, the context of the 13 conversation, he indicated he had been on the 14 Summit County Republican Party Executive Committee 15 for two years. 16 Q. Did he say when those years were? 17 A. I think he did. I-- I believe I asked 18 him. I believe he indicated he was currently on 19 it, if I recall right. I -- again, that's what I 20 think I recall. 21 Q. That says, central committee six years. 22 Is that what he told you? 23 A. Yes, sir. 24 Q• And did he say when those six years y'M Realtime - videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 29 1- 2 I don't recall, sir. 3 Did you call Mr. Arshinkoff or anybody 4 from the Summit County Republican Party to verify 5 this information that Mr. Varian gave you? 6 A. No, sir, I did not. 7 Q• The next one, worked at Republican 8 National Committee? 9 A. Yes, sir. He -- as I recall, he 10 indicated that he had an internship there when he 11 was much younger.. 12 Q• Was this during the Nixon era? 13 MR. ARSHINKOFF: CREEP. 14 A. I don't know, sir. 15 Q. He didn't tell you he was on CREEP? 16 A. No, sir. 17 Q. It says here brother-in-law is Ed 18 Sargus. I believe that's S-A-R-G-U-S, as in Sam. 19 Is that right or is that a different name there? 20 I can't read through it. 21 A. I'm -- he indicated it was Ed Sargus. 22 Q• And Ed Sargus is a federal judge down 23 here in Columbus? 24 MR. COGLIANESE: Objection, I -- liv Realtime - videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 30 1 A. I honestly don't know, sir. 2 Q. You don't know, okay. 3 A. Federal judge did you say, sir? 4 Q. Yes. 5 A. I -- I can't say that for certain, but 6 that sounds correct. 7 Q. Ed's my law school classmates, so I 8 think I know that one. 9 Did you have a -- make a similar phone 10 call to Mr. Brian Daley to inquire into his 11 background -- 12 A. He was -- 13 Q. -- and qualifications? 14 A. He was the second nominee, sir? 15 Q. Yes. 16 No, sir, I didn't. 17 Q. Did you make similar phone call to 18 Mr. Arshinkoff to inquire into his background? 19 A. No, sir, I did not. 20 Q. Did you undertake any independent 21 investigation to look into the truth and veracity 22 of -- of any of the information in the letters and 23 newspaper articles that -- that were in 24 Mr. Arshinkoff's and Mr. Daley's files? Realtime - videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 31 1 A. No, sir, I did not. 2 Q• Did you talk to Mr. Hardy with regards 3 to this -- the -- the Summit County Republican 4 appointee situation? 5 MR. COGLIANESE: Objection to the form 6 of the question. I mean, we're talking about 7 multiple -- 8 Q. Well, let's back it up. 9 Did you ever talk to Mr. Hardy about 10 the Arshinkoff appointment? 11 A. I believe I did, sir. 12 Q• When was the first time you talked to 13 him? 14 MR. COGLIANESE: About the -- 15 MR. GRENDELL: Arshinkoff, yeah. 16 MR. COGLIANESE: Just trying to make 17 sure. I'm just trying to make sure. 18 A. I believe it was shortly after the 19 Secretary had made a decision not to appoint 20 Mr. Arshinkoff. I don't recall the exact date. 21 It could have been that evening or the next 22 morning. I -- I don't recall when -- when the -- 23 I believe -- if I remember correctly, a letter was 24 sent to Mr. Arshinkoff, and either later that 412- Realtime - videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 32 1 evening or the next day I did speak to Mr. Hardy. 2 And part of the conversation, as I recall, related 3 to the Secretary's decision not to appoint 4 Mr. Arshinkoff. 5 Q. Who was Mr. Hardy? 6 MR. ARSHINKOFF: The regional guy. 7 Q. The regional guy. But did he send you 8 all of these materials? 9 A. Not that I'm aware of, sir. 10 Q. I'm sorry. Where is Exhibit -- we've 11 got to go to Exhibit 11 -- or 9, I mean. 9, 9, 9. 12 Here's another one. 9. 13 Let me hand you what's been previously 14 marked as Exhibit 9 for purposes of today's 15 deposition of the Secretary of State. Have you 16 seen that before? 17 A. Well, sir, I've seen parts of it. But 18 I -- I do recall seeing parts of this Exhibit 9. 19 Q• For the record, which parts do you 20 recall seeing? 21 A. The ones with fair certainty is a 22 letter delivered via certified mail to Myra 23 Hawkins dated March 3rd of 2008. 24 MR. COGLIANESE: Actually, dated -- ^1Kv3 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 33 -1 A. I'm sorry. Dated February 26th, 2008, 2 time stamped received March 3rd, 2008, I do recall 3 seeing that. 4 And I do recall with fair certainty 5 seeing the -- well, there's a form number on here. I'll try not to get these messed up. Form No. 300 7 for Mr. Brian K. Daley, and it's time -- it's 8 dated on the form February 26th and dated received 9 -- or time stamped receive March 3rd of 2008. 10 And I do believe I remember seeing the 11 ethics policy acknowledgment form signed by Mr. 12 Daley, form number 350 time stamped March 3rd, 13 2008. 14 And I believe I -- with fair certainty, 15 I remember seeing the resume of Mr. Brian Daley 16 time stamped March 3rd, 2008. 17 And as for the rest, I'm looking at 18 this very first page that says, "Packet." And i 19 don't recall seeing that particular first page, 20 nor the Akron Beacon Journal, it looks like it's 21 an article, nor The Plain Dealer article, and the 22 other Plain Dealer article with Hudson lawsuit and 23 the hudsonhubtimes.com, any of their articles, or 24 the Cleveland.com Plain Dealer Hudson resident. Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 34 1 And I,don't recall ever seeing this 2 e-mail that went to Erin Duffy. 3 Q. So -- 4 A. Sorry, sir. 5 Q. So none of those documents you -- so 6 you haven't seen these before? 7 A. Not that I recall, sir. 8 Q. Did you prepare the cover page? 4 A. No, sir. 10 Q• Do you know who did? 11 A. No, sir. 12 Q- Did you ever discuss these documents 13 with Secretary of State Brunner? 14 A. The ones that I recognize, I -- it's -- 15 it's possible because our section did the letter 16 to Mr. Daley dated February 29th, the certificate 17 of appointment, and the oath of office, and we 18 prepared those for the Secretary that went into a 19 folder, as I recall, as well as questionnaire and 20 recommendation and the ethics policy 21 acknowledgment and the resume. I believe all -- I 22 recall those because I believe those things were 23 in a file for Summit County. 24 Q. But you didn't see this Yahoo e-mail Realtime - videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 35 1 involving Mr. Moran that was sent by-Mr. Hardy to 2 Erin Duffy on February 29th; is that correct? 3 A. Not that I recall, sir. Yes, that's 4 correct, as far as I remember. 5 Q. Weren't you responsible for putting 6 together these packets on each of these 7 recommended appointees for the Secretary of State? 8 A. Sir, I was responsible for putting 9 together packets for each -- each nominee. I just 10 don ' t reca ll th e p i eces th a t - - th at you ' ve 11 mentioned. Parts of these I do remember seeing. 12 I'm confident that would have been in the folder. 13 As to where these others came from, sir, I 14 honestly don't know. I don't recall seeing them. 15 Q. Who actually prepared the letter for 16 the Secretary of State that she sent to Mr. Daley 17 -- actually, to Mr. Arshinkoff indicating that 18 they were not going to appoint Mr. Daley? 19 A. I -- I believe that was general 20 counsel. 21 Q. Okay. And who's Erin Duffy again? 22 A. Erin Duffy is the scheduler here at the 23 Secretary of State's office. 24 Q. And does Mr. Hardy work under your Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 36 1 supervision or somebody else's? 2 A. He works under my supervision, sir. 3 Q• Why would he be sending an e-mail to 4 Ms. Duffy and not to you, if you know? 5 MR. COGLIANESE: Objection. If you 6 7 I don't know, sir. 8 Is that a usual occurrence? 9 MR. COGLIANESE: Objection. 10 A. I don't know, sir. 11 Q. Did that happen with respect to any of 12 the other 175 appointees to local Boards of 13 Election? 14 MR. COGLIANESE: Objection. To the 15 extent you know that somebody sends an e-mail to 16 somebody else besides you -- 17 Q. If you know. 18 MR. COGLIANESE: -- and it occurs 19 regularly -- 20 A. I'm not aware of that, sir, no. 21 Q. where did I put that one? And I am 22 sorry. Did you discuss Exhibit 9 with Secretary 23 of State Brunner that night on February 29th? 24 A. Not that I recall, sir. Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 37 1 Q. Let me hand you what's been marked as 2 Exhibit 11. Take a few minutes to look at that 3 exhibit. 4 A. Yes, sir, I've reviewed it. 5 Q• Have you seen that document before? 6 A. Yes, sir, I believe I have. 7 Q• And, in fact, that document was sent to you on or about February 29th, 2008; is that 9 correct? 10 A. I believe so, sir, yes. 11 Q• And once again, it was faxed to 12 614-485-7060, which is your fax? 13 A. Yes, sir. 14 Q. And did you have this document before 15 Secretary of State Brunner issued her letter 16 disapproving Mr. Brian Daley's appointment? 17 A. Yes, sir, I believe so. 18 Q• And did you discuss Exhibit 11 with 19 Secretary of State Brunner that night, the 29th? 20 A. Yes, sir, I believe so. 21 Q. And what was the nature of that 22 discussion? 23 A. The Secretary, as I recall, was 24 comparing the list of executive committee members Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 38 1 that were provided by Mr. Arshinkoff with a list 2 of executive committee members that was furnished 3 by someone else. 4 Q• And she did that before she issued her 5 letter disapproving Mr. Daley's appointment; is 6 that right? 7 A. I believe that's correct, sir. 8 Q. Let me hand you -- going back Exhibit 9 9 for a second. There's a letter dated February 10 29th, 2008 addressed to Mr. Brian T. Daley. Do 11 you see that? 12 A. Yes, sir. 13 Q. Who prepared that? 14 A. Specifically I believe it was Myra 15 Hawkins who is an employee in the elections 16 division. 17 Q. And do you know when that was prepared? 18 A. I -- I don't recall the specific days, 19 sir. I note the date is February 29th. I'm 20 assuming if -- that was when it was prepared. 21 Q• I'm going to hand you what's been 22 marked as Exhibit 5 for purposes of the Secretary 23 of State's deposition. Who is Mr. Mike Struble? 24 A. He's a regional liaison employed by the 9-1 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 39 1 Secretary of State's office. 2 Q• Has he got the same job as Mr. Hardy 3 but in a different location? 4 A. Yes, sir. 5 Q. And does he also work for you? 6 A. Yes, sir. 7 Q. If I could put this -- 8 It says in here you asked for us to 9 relay to you concerns that we might have on the 10 upcoming appointment process and BOE members. Who 11 are -- who is that -- I mean, is that true? Did 12 you ask that of your regional liaison people? 13 A. As I recall at one of our regional a 14 liaison meetings, which was held here at the 15 office, Secretary of State's office, I believe it 16 was the secretary who had asked the regional 17 liaisons that if there were any concerns they were 18 aware of with Board of Elections members to let 19 her or I know. 20 Q• And when was that meeting? 21 A. I could check my records. I believe it 22 would have been January, possibly February, but I 23 believe it was January. We have monthly meetings, 24 and I believe it was January. Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 40 1 Q. Exhibit 12 from the Secretary of 2 State's deposition, have you seen that document 3 before? 4 A. Not that I recall, sir. 5 Q. Were you ever asked to verify any of 6 the information in the newspaper articles that 7 were in Mr. Daley's file? 8 A. No, sir. 9 Q. Did you ever ask Mr. Hardy to 10 investigate and verify the accuracy of the 11 information in the newspaper articles in 12 Mr. Daley's file? 13 MR. COGLIANESE: Objection. Go ahead 14 if you can. 15 A. Not that I recall, sir. 16 Q. Did you obtain similar newspaper 17 articles for Mr. Gorbach who was also being 18 appointed to the Summit County Board of Elections? 19 MR. COGLIANESE: Objection. I mean, if 20 you know if such articles exist, if you know, 21 you've been asked to obtain them, whatever -- to 22 the extent you can answer the question, go ahead. 23 MR. GRENDELL: Could you read it back, 24 I please. ^- y ^ Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 41 1 (The record is read as requested.) 2 A. By "obtain" do you mean at any time 3 were any given to me or did I have any -- 4 Q. Have you ever seen any? 5 A. -- sent to me or seen any? 6 Q. Have you ever seen any? 7 A. I have not seen any, sir. 8 Q. Did you ask Mr. Hardy to gather any? 9 A. No, sir. I did not. 10 Q. Did you ever have any conversations 11 with Mr. Wayne Jones between January lst, 2008 and 12 February 29th, 2008? 13 MR. COGLIANESE: About any topic 14 whatsoever? About something -- 15 Q• We'11 start with the first thing. Did 16 you ever have any conversations with him? 17 A. What were the dates again, sir? 18 Q• January 1, 2008 to February 29, 2008. 19 A. I believe I had a conversation with 20 Mr. Jones at the winter conference for election 21 officials. 22 Q. And when was that? 23 MR. ARSHINKOFF: January. 24 A. It was in January, I'm trying to y93 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 42 1 remember the dates. I -- I believe it was 2 mid-January. I could get those. 3 Q. And what was the nature of your 4 conversation with Mr. Jones? 5 A. As I recall, we exchanged pleasantries. 6 I asked him how he was doing. I don't recall 7 anything more than that. Q• Did you ever have any conversations 9 with Mr. Jones concerning Alex Arshinkoff's 10 reappointment to the Board of Elections? 11 A. Not -- not that I recall, sir. 12 Q. Did you ever have any conversations 13 with Secretary of State Brunner concerning 14 Mr. Arshinkoff's appointment where Mr. Jones was 15 involved? 16 MR. COGLIANESE: Can I hear that 17 question one more time? Sorry. 18 (The record is read as requested.) 19 A. I believe so, yes, sir. 20 4• And when was that? 21 A. I believe it was after she had made the 22 decision not to reappoint Mr. Arshinkoff. 23 Q• Where did this conversation take place? 24 A. If I recall, I believe she had phoned Hiq Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 43 1 me to tell me that. I was in my office. I don't 2 know where she was. 3 Q. Where was Mr. Jones? 4 A. Pardon me? 5 Q. Where was Mr. Jones? 6 A. I don't know, sir. 7 Q. Was he on that call? Was it a 8 three-way call? 9 A. No, sir. 10 Q. So -- I'm sorry. Maybe I -- have you 11 ever had a conversation with the Secretary of 12 State at which Mr. Jones was present at which he 13 discussed Mr. Arshinkoff's appointment? 14 A. No, sir. 15 Q• How about Mr. Daley's appointment? 16 A. No, sir. 17 Q. Did you ever discuss with Mr. Jones Mr. 18 Arshinko f f ' s reappo i ntment to t h e Boar d o f 19 Elections in January of 2008 or February of 2008? 20 A. Not, not that I recal l , s i r. 21 Q. Did you ever have a conversation with 22 Mr. Jones in January, February of 2008 concerning 23 Mr. Daley's appointment to the Board of Elections? 24 A. Not that I recall, sir. 41$ Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 44 1 Q• Did you have a conversation with 2 Mr. Jones concerning Mr. Donald Varian's 3 appointment to the Summit County Board of 4 Elections? 5 A. No, sir. 6 Q• Do you know who suggested that 7 Mr. Varian be considered for appointment to the 8 Summit County Board of Elections? 9 A. Yes. 10 Q• Who? 11 A. Well, according to what I heard here 12 earlier tonight, I believe the Secretary said 13 Mr. Jones had suggested it, if I recall that 14 correctly. 15 Q• Did you ever have any conversations 16 with Mr. Mike Moran in January, February of 2008? 17 A. Not that I recall, sir. 18 Q• Have you ever met Mr. Mike Moran? 19 A. No, sir. 20 Q• How about Mr. Pete Kostoff? Have you 21 had any discussions with Mr. Kostoff in January, 22 February 2008? 23 A. No, sir. 24 Q• How about Mr. George Roth? Have you Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 45 1 had any conversations with Mr. George Roth in 2 January, February 2008? 3 A. No, sir. 4 Q. Any conversations with Michael Douglas 5 at the Akron Beacon Journal in January, February 6 2008? 7 A. No, sir., 8 Q• Any conversations with Kevin Coughlin, 9 C-O-U-G-H-L-I-N, during January, February 2008? 10 A. I believe so, yes, sir. 11 Q. And when did you have conversations 12 with Mr. Coughlin? 13 A. I think it was the day he faxed some 14 things, it's one of the exhibits. And I'll give 15 you a second to see if you can find that. 16 Q. There it is. It's the 23 pager. I 17 know it's here. There it is right there. well, 18 that's not the marked one. There it is, the one 19 that was marked as Exhibit C for purposes of the 20 Secretary of State deposition. 21 So you had a conversation with 22 Mr. Coughlin on February 2nd, 2008? 23 A. As I recall, he called on -- I I 24 don't know for sure the date. I -- but it it Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 46 1 was approximately that date, yes, sir. 2 Q• And why did he call you? 3 A. He called to -- 4 MR. COGLIANESE: Objection, to the 5 extent you know. I'm sorry. 6 A. He called to let.me know that he was 7 going to be faxing some material he feit the 8 Secretary needed to see. 9 Q. Had you had any communications with 10 Mr. Coughlin prior to that date? 11 A. Yes, sir, I think I did. 12 Q• And when was that? 13 A. It was several weeks prior. And I 14 believe he called regarding a Board of Elections 15 meeting and said that he wanted to send, again, 16 some materials he felt the Secretary needed to 17 see. 18 Q. Did he ever mention Mr. Wayne Jones 19 during these conversations with you? He being 20 Kevin Coughlin. 21 A. Not -- 22 MR. COGLIANESE: Objection, go ahead. 23 A. I'm sorry. Not that I recall. 24 Q. And were those the only two Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 47 1 conversations you had with Mr. Coughlin? 2 As far as I can recall, sir, yes, just 3 4 Did Mr. Coughlin ever suggest -- 5 mention Donald Varian's name to you? 6 A. Not that I recall, sir, no. 7 4. At any time did Mr. Coughlin tell you 8 that Mr. Varian was his personal lawyer in matters before the Summit County Board of Elections? 10 A. No, sir. 11 4. So is it correct to say that Mr. Varian 12 was appointed based on your telephone 13 conversation, which is the note from are Exhibit 1 14 and the recommendation of Wayne Jones? 15 MR. COGLIANESE: Objection. It's -- 16 4. Well, let me scratch that. 17 Do you have a resume for Mr. Varian? 18 A. No, sir -- well, I -- it's possible one 19 has arrived. Not that I'm aware of, though. 20 4. well, did you have one more before 21 February 29th, 2008? 22 A. No, sir. 23 4. What's your educational background, 24 I please. I Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 48 1 A. I have a bachelor's degree from the 2 Ohio State University. 3 Q. In what major? A. Journalism. 5 Q. And when did you graduate? 6 A. I'm sorry, sir? Q• When did you graduate? 8 A. Spring of 1986. 9 Q• Did you work on Secretary of State 10 Brunner's campaign? 11 MR. COGLIANESE: Objection. That's not 12 the least bit relevant to anything. 13 Q. Did you? 14 MR. COGLIANESE: Mr. Farrell, if you 15 don't want to answer that question, I do not 16 believe you have to. 17 Are you not going to answer the 18 19 Could you further clarify it in terms 20 of 21 Q. Did you -- 22 A. -- paid staff or -- 23 Q. Well, in any manner. 24 MR. COGLIANESE: Yeah. This is -- this 5co Realtime - Videoconferencing - Trial Presentation - video Spectrum Reporting LLC 49 1 is utterly irrelevant. It's got nothing to do 2 with the case. Mr. Farrell, do not answer the 3 question. 4 A. On advice of my counsel, I'm not going 5 to answer the question. 6 Q- Where is the big -- where is the big 7 Exhibit A? Where did A go? This can't be A. 8 what was the big exhibit? 9 MR. ARSHINKOFF: C. 10 Q. It's B. I'm sorry. 11 Did you verify any of the information 12 contained in the exhibits to Exhibit B, as to its 13 factual accuracy? 14 A. No, sir. I did not. 15 Q. Okay. Let me have a minute to talk to 16 Alex here. We're just about near the end of the 17 line. 18 (A short recess is taken.) 19 Q• And as I understand, there are some 20 documents involving Mr. Varian that you looked for 21 but said are locked up somewhere today or on 22 somebody's computer? 23 A. There were some that we found this 24 evening, and I believe those were Mr. Varian's So ^ Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 50 1 ethics acknowledgment form. And I -- there they 2 are, Exhibit 10, I think. 3 Q. Exhibit 10. 4 A. Yes, I was able to find those. There 5 are two other documents that if I understood what 6 you were asking correctly was a letter that would 7 have gone either to Mr. Varian or someone else 8 regarding his appointment. I -- 9 Q. I'm sorry. Read that back. 10 (The record is read as requested.) 11 Q. Sure. Right. There's -- as I 12 understand it, there was two letters of 13 appointment sent to Mr. Varian; is that correct? 14 A. Yes, sir. 15 Q. And the first letter indicated that -- 16 that he had been recommended by the Summit County 17 Republican Executive Committee? 18 A. Yes, sir. 19 Q. And that a reporter from the Akron 20 Beacon Journal called the Secretary of State's 21 office to point out that that information was 22 wrong? 23 MR. COGLIANESE: Objection to the 24 extent you know the answer. 5bz Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 51 1 A. I was told by Patrick Galloway a 2 reporter from the Akron Beacon Journal had called 3 and inquired about whether or not the Summit 4 County Republican Party Executive Committee had 5 indeed recommended his -- Mr. Varian's 6 appointment. 7 Q- And the Summit County Republican Party 8 Executive Committee did not recommend Mr. Varian's 9 appointment; is that right? 10 A. That's correct, sir. 11 Q• And can we obtain copies of those 12 letters tomorrow? 13 A. Yes, sir, I believe so. 14 MR. GRENDELL: Counsel, can we just 15 attach them to the deposition then, the two of 16 them? 17 MR. COGLIANESE: I don't have any 18 problem with that. 19 A. Yes, sir. 20 Q• And there's no other documents that 21 you're aware of in "Mr. Varian's file" here at the 22 Secretary of State's office? 23 A. No, sir, not that -- 24 Q• Other than Exhibit 10. Not to mislead 503 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 52 1 you. Other than Exhibit 10? 2 A. Not that I'm aware of, no. 3 MR. GRENDELL: Thank you. I have no 4 further questions. 5 MR. COGLIANESE: We have -- we have no 6 questions. Mr. Farrell will read. 8 Thereupon, the foregoing proceedings 9 concluded at 10:53 p.m. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 51y-1 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 1 State of Ohio C E R T I F I C A T E 2 County of Franklin: SS 3 I, Stacy M. Upp, a Notary Public in and for the State of Ohio, do hereby certify the within named 5 David Farrell was by me first duly sworn to testify 6 to the whole truth in the cause aforesaid; 7 testimony then given was by me reduced to stenotypy 8 in the presence of said witness, afterwards 9 transcribed by me; the foregoing is a true record 10 of the testimony so given; and this deposition was 11 taken at the time and place as specified on the 12 title page. 13 I do further certify I am not a relative, 14 employee or attorney of any of the parties hereto, 15 and further I am not a relative or employee of any 16 attorney or counsel employed by the parties hereto, 17 or financially interested in the action. 18 IN WITNESS WHEREOF, I have hereunto set my hand 19 and affixed my seal of office at Columbus, Ohio, on 20 Marqh 13, 2008. 21 ------ 22 Stac^, M. Upp, RPR, Notary Public - State of Ohio 23 My commission expires August 6, 2011. 24 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 54 Witness Errata and Signature Sheet Spectrum Reporting LLC Correction or Change Reason Code 333 East Stewart Avenue 1 - Misspelling 2 - Word Omitted Columbus, Ohio 43206 3 - Wrong Word 4 - Clarification Phone - 614-444-1000 Fax - 614-444-3340 5 - Other Correction (Please explain) Email - [email protected] Ref: SR12656DF Sheet of ... Page/Line Correction, Addition, or Change Reason Code I, DAVID FARRELL, have read the entire transcript of my deposition taken in this matter, or the same has been read to me. I request that the changes noted on my errata sheet(s) be entered into the record for the reasons indicated. Date Signature The witness has failed to sign his deposition within the time allowed. Date Signature ^ *,RVA-4 1. Q^l --, V,^, \14e Ca *-2^u - C04^4ho, Ca u -cr N gtda EI-14^ cwrrta-z ,1 IGJ^ 3L 1VD Ut4 .^., ^ P'i TV so-i EXHIBIT. 1 Issued by the UNITED STATES DISTRICT COURT SUBPOENA IN A CIVIL CASE The State of Ohio for personal appearance V. Jennifer Brunner, Secretary of State CASE NUMBER'1008-0478 To: Records Custodian William Currin 27 East Main Street Hudson Town Hall Hudson, OH 44236 YOU ARE COMMANDED to appear at the United States District court at the place, date and time specified below to testify in the above case. PLACE OF TESTIMONY DATE AND TIME 3/13/2008 7:45 a.m. to appear at the place, date and time specified below to testify at the taking of a XX YOU ARE COMMANDED deposition in the above case. PLACE OF DEPOSITION Rennille Court Reporting DATE AND TIME 3737 Embassy Parkway 3/13/2008 7:45 a.m. Suite 250 Akron, OH 44333 YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects LJ place, date, and time specified below (list documents or objects): PLACE OF INSPECTION DATE AND TIME 3113/2008 7:45 a.m. YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below PREMISES DATE AND TIME Any organization not a party to this suit that is subpoenaed for the taking of a deposltion shall designate one or more officers, directors, or managing agents, or other persons who consent to testlfy on Its behalf, and may set forth for each person designated, the matters on which the person wlll testify. Federal Rules of Civil Procedure 30(b)(6). ISSUING OFFICER'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE ,slCogiianese, Richard, Esq. 3/12/2008 Attorneyforthe: Plaintiff ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER Coglianese, Richard, Esq. Ohio Attorney General's Offce Constitutional Division 30 East Broad St., 16th Floor Columbus, OH 43215-2872 (614)466-2872 EXHIBIT 5b$ Rule 45, Federal Rules of Civil Procedure, Subdivision (e), (d), and (e), as amrneded on Deeember 1, 2006 (c) PROTECTION OF PERSONS SUBJECT TO SUBPOLflAS. (1) A party or an attomey responsible fbrthe issuance and service of a subpoena sha0 takereasonable steps to avoid imposinQ undue burden or expense on a peson subject to that subpoena, The murt on behaif oPwhich the subpoona was issued shall enforce this duty and impose upon the par[y or attorney in breac1i of this duty an appropriate snnction, which may include, but is notlimited to, lost earnings and a reasanatrle attomey's fbo. (2) (A) A person gpmmauded tgpraduceandpannit inspection, copying, testing,, or satnpling of designated eleeh'onically smtai inforntation, bnuks, papers, docutrfents or-tangible things, or inspeation ofprentises nead not appesr in pereon at theplece of produetion or itispeetion unless commanded to appear fyr deposition,hearing, or trial. (li) Subject to paragrapb (d)(2) ofthis tule, a ppraon commanded to produoe andpermit itispaSion, copyittig, tesHng, or sampling may, within 14 days atter sereice of the subpoane or before the time specified for complianceif such time is lese then 14 days after service, serve upon tlie party or attomeydesginated in the subpoena written objeetion to producingauy or all of thedesignated materials or inspection o€the premises - or to producing ehictreaically stored information in the form or tbnns tequestsd. If objection is tnade, theparty ser.vPng the subpoene shail not be entitied to inspect, copy, test m sainple the materiels or inspeet the premises except pursuentto an order of the court by whieb thosuhpoena was issued: l£obJeopon bas been nrade, thepattyserving the subpoena may, upon notice to the petson commanded to produce, nmve at any ttma foean order to compel theproducalon,. inspection, copying, testing, or sampling. Suoh sn order to compel shall protect any pelstm-whc is not aparty or enoffioer of aparty from signifigaot expense,resulting from ttre inspeetion, copying, testiltg; or sanipling otNttrttanded. (3) (A) On dmely motion, the court by which the subpeena was issued shall quesfi ormodify the subpoena if it (1) failsto allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a placc more than t 00 miles$om the place where that person residcs, is employed or regularly tmnsacts business in person, except that, subject to the.provisions of elause (c) (3) (B) (M) of this rule, such a person may in order to attend ttial be commanded to travel from any such place within the state in which the trtiai is held; (iii) requires disclosure of privlledged or other protected matter and no ext:eption orwaiver applies; or (iv) subjccts a personto undue burden. (B) Ifasubpa'ona (i) requires disclosureof a trade secrat or other confrden(ial research, development, or oommcreiai information, or (ii) requires disclosure of en unretained expert's opinion, or infonnation ngt describing speoific events or oceorances in dispute and resulting from the expert's study made not at the request of any party, or (iii) reqaires a person who is not'a party or an officer of a party to incur saibstantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affectcd by the subpoena, quash or modify the subpoeoa or, if thepnrty in whose behalftho subpoenaisissued shows a sutistantiol need foi fhe tesfimonyor material that cennot be otherwise mef without unduehardship end assur.rs that theperson to whom the subpoBnais addressed will bereasonably compensated, the eourt may ordet appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENAS (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in tha ususal course of business or shall organize and. label, them to correspond with the categories in the demand. (B) If a subpoena does not specify the form or forms for producing electronically storedinfotntation, a person responding to a subpoena must produce theinformation in a form or fomts in which the persqn ordinarily maintains it or in a form or forms that ere reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena need not provide discavery of eleetronicalty stored information from sourees that the person identifies as not reasonably aceessible because of undue burden or cost. On motion to compel discovery orto quash, the person from whom discovery is sought must show that the information sought is not reasonably aecessible because of undue burden or cost. If that showing is made, the court may nonctheless order disoovery from such sources if the requesting party slrows goad cause, considering the limitations of Rule 26 (b)(2xC).'Ihe eourt may speeify conditions for the.discovery. (2) (A) When infonnation subject to a subpoena is withheld on a claim that it is priviledged or subject to protection as trial-preparetion materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person inaking the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly rcmm, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving pany may promptly present the infonnation to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT Failure of any person without adequate excuse to obey a subpoena served upon that person may be decined a conteinpt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A). CXNAI-or- " PROOF OF SERVICE SERVEDON (PR[NTNAME) MANNERGFSERVICE SERVEDBY (PRINTNAME) TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in this Proof of Service is true and correct. SIGNATURE AND ADDRESS SERVER: S^O IN THE SUPREME COURT OF OHIO THE STATE OF OHIO EX. REL. CASE NUMBER: SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE 520 S. Main Street, Suite 2437 Akron, Ohio 44311 RELATOR, vs. JENNIFER BRUNNER EXPEDITED ELECTIONS MATTER OHIO SECRETARY OF STATE Brought Pursuant to Rule X, Section 180 East Broad Street,15t° Floor 9 Rules of Practice of the Supreme Court Columbus, Ohio 43215-3726 and Ohio Revised Code Section 3501.07 RESPONDENT. PETITION FOR WRIT OF MANDAMUS, WRIT OF PROHIBITION, OTHER WRIT, AND ALTERNATE WRITS Positively Verified TIMOTHY J. GRENDELL (#0005827) Grendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Ohio 44147 Phone No.: (440) 746-9600 Fax No.: (440) 746-9604 E-mail: [email protected] COUNSEL FOR RELATOR SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE I -1- Relator Summit County Republican Party Executive Committee ("Summit GOP Executive Committee"), for its Petition against Respondent, Jennifer Brunner, Ohio Secretary of State ("Bmmner"), states to this Honorable Court as follows: PARTIES 1. Relator is the lawful and duly existing Executive Committee of the Republican Party of Summit County, Ohio. 2. Respondent, Jennifer Brunner, is the duly elected Secretary of State for the State of Ohio. JURISDICTION 3. Ohio Constitution, Article IV, Section 2(B)(1)(d) and the Rules of Practice of the Supreme Court of Ohio, Rule X, vest this Court with original jurisdiction to grant a writ of mandamus, a writ of prohibition, and other writs. 4. Ohio Revised Code Section 3501.07 (copy attached as Exhibit P hereto and made a part hereof) provides Relator with the right to seek a writ of mandamus to compel Brunner to approve Brain K. Daley, Relator's recommended appointee, to the Summit County Board of Elections. 5. Ohio Revised Code § 2503.40 vest this Court with original jurisdiction to grant an altemative, other writ when necessary to enforce the administration ofjustice. (Smith v. Granville Twp. Bd. o(Trustees (1996), 77 Ohio St.3d 1215 671 N.E.2d 1277.) 6. The rules of Practice of the Supreme Court of Ohio, Rule X, Section 9 provides an expedited process for review of election matters, such as the matters involved herein. 51Z 2 FACTS COMMON TO ALL COUNTS 7. Pursuant to Ohio Revised Code Section 3501.07, Relator on or about January 29, 2008, unanimously reconanended the appointment of Alex R Arshinkoff as a member of the Summit County, Ohio Board of Elections for a full term commencing March 1, 2008, to said Respondent Bromier (A copy of said recommendation is attached hereto as Exhibit A and incorporated herein as if fully rewritten.) 8. By letter dated February 20, 2008, Brunner arbitrarily and without valid reason rejected said recommendation. (A copy of said letter is attached hereto as Exhibit B and is incorporated herein as if fully rewritten.) 9. Relator called a meeting of its members on Tuesday, February 26, 2008 to review Brunner's letter and to decide upon a course of action. 10. Relator on about February 26,2008, by a vote of 56 to 1, recommended the appointment of Brian K. Daley as a member of the Summit County, Ohio Board of Elections for a full term commencing March 1, 2008, Respondent Brunner, consistent with Ohio Revised Code 3501.07 (A copy of said reconunendation is attached hereto as Exhibit C and is incorporated herein as if fully rewritten.) 11. The recommended appointee, Mr. Brian K. Daley, is more than competent and qualified to serve on the Summit County Board or Elections. Brian Daley is a graduate ofNortheastem University (1965), a former Certified Internal Auditor, and the retired Director-Finance, TRW Steering Wheel Systems, N.A.. Mr. Daley was elected to and served on the Hudson City Council for four years, including 3 :5/3 two years as Council President. A copy of Brian K. Daley's resume is attached as Exhibit 0 hereto and is fully incorporated herein. 12. By letter dated February 29, 2008, and transmitted via email at 8:37 pm on February 29, 2008, Brunner arbitrarily and without valid reasons rejected said recommendation. (A copy of said letter is attached hereto as Exhibit D and incorporated herein as if fully rewritten.) 13. A press release concerning said letter was released by State Senator Kevin Coughlin over one hour prior to the notification of Relator, Mr. Brian Daley or the general public conceming Brunner's rejection of Mr. Brian Daley's appointment (See Akron Beacon Joumal Article regarding same attached as Exhibit E hereto and fully incorporated herein.) 14. Brunner asserted two alleged reasons for rejecting Brian Daley's recommendation based on untrue, unsworn, unverified and unsubstantiated allegations and a newspaper editorial endorsement for a prior unrelated City Council election. 15. Brunner has rejected. Brian Daley's recommendation on mere suspicion, rank hearsay, and personal opinions, not verified factual evidence. 16. Brunner did not seek a response to these unfounded allegations from either Alex R. Arshinkoff, as Chairman of the Summit County Republican Party Executive Committee, Brian K. Daley, the recommended appointee, or Jack Morrison, Jr., a Republican member of the Summit County Board of Elections. (See affidavits from Brian K. Daley, Alex K. Arshinkoff and Jack Morrison, Jr. attached hereto as Exhibits F to H respectively and incorporated herein as if fully rewritten.) 4 51q 17. Brunner provided the Summit GOP Executive Committee no opportunity to exercise its rights under Ohio Revised Code 3501.07 with respect to recommending another individual elector for the Summit County Board of Elections or filing a mandamus action before Brunner appointed another person, who was not recommended by the Sununit County GOP Executive Conunittee, to the Board of Elections position. 18. Brunner's decision to reject the recommendation was based on unfounded allegations with no response sought from or afforded to the Summit GOP Executive Committee or the recommended appointee. 19. Brian K. Daley is a duly qualified elector and member of the Republican Party of Summit County is of good character, and is competent to serve as a member of the Summit County Board of Elections (See affidavits of John W. Jeffers, Exhibit I; John V. Frank, Exhibit J; Eugene Wyatt, Exhibit K; David Burke, Exhibit L; George Janik., Exhibit M; and Elsie Thomas, Exhibit N, all incorporated herein as if fully rewritten.) COUNT I (Mandamus - Brian K. Daley) 20. The verified allegations stated in paragraphs 1-19 above are incorporated as if fully rewritten herein. 21. Brunner's so-called reasons for stating that Brian Daley is not competent to be a member of the Summit County Ohio Board of Elections constitute nothing more than mere suspicion, and are arbitrary and capricious, are not supported by credible evidence, constitute an abuse of discretion, and are insufficient as a matter of law to allow Brunner to refuse to appoint Brian Daley to the Sumrnit SIS 5 County Board of elections pursuant to O.R.C Section 3501.07. (See State Ex Rel. Cuyahoiza Countv Democratic Party Executive Committee v. Taft. Secretary of State (1993), 67 Ohio St.3d 1.) 22. Ohio Revised Code Section 3501.07 mandates and requires that Respondent, Brunner, appoint the elector recommended by the political party executive committee unless Respondent finds "that the elector would not be a competent member of such board." 23. As demonstrated by Brian Daley's ample qualifications attached as Exhibit 0 hereto and made a part hereof (including his experience as a Director of Finance for a division of TRW, Inc.), Brian Daley is comnetent and extremely qualified to serve on the Summit County Board of Elections. 24. Brunner's denial of Mr. Daley's appointment is based solel on (a) a newspaper editorial from a prior election in 2007, which is totally unrelated to the issue of Mr. Daley's competence to serve on the Summit County Board of Elections in 2008 as reconnnended by the Summit GOP Executive Committee, and (b) a letter from an obvious political rival, with an apparent personal grudge against Mr. Daley, that is nothing more than the unsubstantiated personal views and hearsay comments of an individual who obviously has personal issues with Brian K. Daley. Neither of these documents have been verified, sworn to or submitted under oath and both of these documents fail to address Brian K. Daley's personal competence to serve on the Summit County Board of Elections. SI(p 6 25. By her own admission (See Exhibit D hereto at P. 3¶ 1), Brunner has refused to appoint Brian Daley to the Summit County Board of Elections because of her suspicion or perception of his "temperament", not his competence. 26. Under O.R.C. Section 3501.07, the Secretary of State has no legal authority to decline to appoint the recommended appointee of a county party executive committee for a position on a county elections board on the basis of "temperament." 27. Under O.R.C. Section 3501.07, Bnnmer is without legal authority to deny the appointment of, and has a statutory legal duty to appoint, the individual recommended by the Sunnnit County GOP Executive Committee to the Summit County Board of Elections if that recommended appointee is competent. 28. Brian K. Daley, recommended by a 56-1 vote of the Summit GOP Executive Committee, is competent to serve on the Summit County Board of Elections as so recommended. 29. Under O.R.C. 3501.07, Brunner has a legal duty to appoint Brian K. Daley to the Summit County Board of Elections. (State Ex Rel. Cuyahoea Democratic Party Executive Committee v. Taft, Secretary ofState (1993), 67 Ohio St.3d 1). 30. Brunner has failed to perform and has refused to perform her legal duty to appoint Brian K. Daley to the Summit County Board of Elections and Brunner has attempted to frustrate that legal duty by appointing someone else, who was not recommended by the Sununit GOP Executive Conunittee, to that position before the Summit GOP Executive Committee could seek mandamus pursuant to O.R.C. Section 3501.07. 7 51^ 31. Relator Summit County GOP Executive Conunittee has no other adequate remedy at law because (a) Relator's statutory remedy at law under O.R.C. Section 3501.07 is a mandamus action, and (b) given that the Summit County Board of Elections intends to conduct its re-organizational or organizational meeting on March 5, 2008 and Donald Varian, the unlawful appointee of Brunner intends to participate as a member of the Elections Board at that meeting, no other remedy would be sufficiently speedy or effective and the denial of the requested writ will result in injury for which no other adequate remedy exists in the ordinary course of law. (State ex rel. BradyV. Blackwell (2006), 112 Ohio St.3d 1) 32. Under these circumstances Relator is entitled to a writ of mandamus, pursuant to O.R.C. 3501.07, mandating and directing that Brunner appoint the competent Brian Daley to the Sunvnit County Board of Elections as overwhelmingly recommended by the Summit GOP Executive Conunittee. COUNTII (Mandamus -Donald Varian) 33. The verified allegations stated in paragraphs 1-32 above are incorporated as if fully rewritten herein. 34. Under O.R.C. Section 3501.07, Brunner has a legal duty to solicit and obtain the recommendation of the Summit GOP Executive Committee for all appointees to the Summit County Board of Elections. 35. Under O.R.C. Section 3501.07, Brunner has no legal authority to appoint someone other than the Summit GOP Executive Committee's recommended appointee Brian Daley to the Summit County Board of Elections until Brunner has provided written notice of her reasons for not appointing Mr. Daley and S/g 8 provides the Summit County GOP Executive Committee with the opportunity to either recommend another elector or apply to this Court for a writ of mandamus. 36. In this case, Brunner has violated her legal duty under O.R.C. Section 3501.07 as discussed in paragraph 35 above by announcing the appointment of Donald Varian to the Summit County Board of Elections before providing the Summit GOP Executive Committee with the opportunity to exercise the Conunittee's statutory rights to recommend another elector or maintain and adjudicate a mandamus action. 37. Under O.R.C. Section 3501.07, Brunner has no legal authority to appoint a person to a local county board of elections unless the local county party executive committee fails to reconunend an elector as provided in Section 3501.07 or has unsuccessfully adjudicated a mandamus action. 38. The Summit GOP Executive Committee has made a recommendation in this case, in fact, two recommendations; therefore, Bnmner is precluded from unilaterally appointing Donald Varian to the Board of Elections. 39. Brunner has a legal duty not to appoint Donald Varian to the Board of Elections since such appointment violates O.R.C. Section 3501.07 and Brunner has a legal duty not to violate Ohio Elections Laws. 40, Brunner has not asked for or received the recommendation of Donald Varian for the position of the Summit County Board of Elections from the Summit GOP Executive Committee. 41. Brunner has breached her statutory duty requiring a recommendation of an appointee to the board of elections by the Summit GOP Executive Committee and Slq 9 has circumvented that duty by unilaterally attempting to appoint Donald Varian without providing the Summit GOP Executive Committee with the opportunity to make another recommendation after Brunner arbitrarily, and without valid reason rejected the Summit GOP Executive Committee's recommendation of Brian Daley, a competent elector, for that appointment. 42. Brunner has breached and is attempting to breach her statutory duty to seek and obtain the recommendation of the Summit GOP Executive Committee before appointing Donald Varian to the Summit County Board of Elections. 43. Pursuant to O.R.C. Section 3501.07, Brunner is without legal authority to make unilateral appointments to the Summit County Board of Elections and Brunner has a legal duty to comply with O.R.C. 3501.07. 44. Relator is entitled to a writ of mandamus mandating and requiring that Brunner provide the Summit County GOP Executive Committee with the opportunity to make another recommendation for the Board of Elections or to pursue and complete this mandamus action before Brunner can lawfully appoint Donald Varian or any other person to the Summit County Board of Elections. COUNT III (Prohibition) 45. The verified allegations stated in paragraphs 1-44 above are incorporated as if fully rewritten herein. 46. By appointing Donald Varian without providing Relator with its statutory right to challenge Brunner's denial of Brian K. Daley reconunended appointment by filing a mandamus action, Brunner has unlawfully exercised quasi-judicial power and has unsurped this Honorable Court's authority to exercise its judicial power. Szo 10 47. Brunner's exercise of such power is unauthorized by law, especially since Brunner's exercise of that power contravenes O.R.C. Section 3501.07. 48. Given the scheduled, March 5, 2008 reorganizationor a organizational meeting for the Summit County Board of Elections and Donald Varian's apparent participation at that meeting pursuant to Brunner's unlawful appointment of Mr. Varian, denying a writ of prohibition precluding Brunner's unlawful and ultra vires appointment of Donald Varian will result in injury to Relator fOR which no other remedy exists in the ordiriary course of law. 49. Relator, Summit GOP Executive Committee is entitled to a writ of prohibition against Brunner (a) prohibiting and precluding Brunner from appointing Donald Varian or any other person to the Summit county Board of Elections until this mandamus action has been completed, and (b) invalidating any such appointment allegedly made prior to the filing of this action. COUNT IV (Other Writ) 50. The verified allegations stated in paragraphs 1-49 above are incorporated as if fully rewritten herein. 51. Ohio Revised Code Section 2503.40 authorizes this Court to issue, in addition to the original jurisdiction conferred by Section 2, Article IV of the Ohio Constitution, "writs of supersede as in any case, and other writs not specifically provided for and not prohibited by law, when necessary to enforce the administration ofjustice." (Smith v. Granville Twp. Bd of Trustees (1996), 77 Ohio St.3d 1215) I1 52. Given the scheduled March 5, 2008 reorganization of the Sununit County Board of Elections and the apparent intention of Brunner to allow her unlawful appointee, Donald Varian, to participate as a member of the Board. Relator Summit GOP Executive Conunittee seeks a writ directing that Brunner withdraw her unlawful appointment of Mr. Varian until Relator can complete this statutorily permitted mandamus action as said writ is "necessary to enforce the administration ofjustice." 53. The writ requested from this Court in this action is not specifically provided for or specifically prohibited by law. 54. Relator, Summit GOP Executive Committee, is entitled to a special writ as described in paragraph 49 above. COUNT V (Alternate Writs) 55. The verified allegations stated in paragraphs 1-54 above are incorporated as if fully rewritten herein. 56. Given the unique time constraints arising from the scheduled March 5, 2008 reorganizational or organizational meeting of the Sununit County Board of Elections and Brunner's unlawful appointment of Mr. Varian to participate at that meeting, Relator, Summit County GOP Executive Conunittee is entitled to such alternate writs as necessary to prevent, prohibit, and preclude Brunner from appointing or allowing Donald Varian to serve as a member of the Summit County Board of Elections at the March 5, 2008 meeting and until this action has been fully adjudicated in this I-lonorable Court. Sz2 12 PRAYER FOR RELIEF WHEREFORE, Relator, Summit GOP Executive Conunittee prays for relief as follows: A. On Count I, issuance of a peremptory writ of mandamus mandating and directing that Respondent Brunner approve and appoint Brian K. Daley to the Summit County Board of Elections as recommended by Relator. B. On Count II, issuance Of a peremptory writ of mandamus mandating and directing that Respondent Brnnner reject the appointment or approval of Donald Varian to serve on the Summit County Board of Elections prior to the completion of this action. C. On Count III, issuance of a peremptory writ of prohibition prohibiting Respondent Brunner from appointing Donald Varian to serve on the Summit County Board of Elections prior to the completion of this action, and thereafter upon the issuance of a writ of mandamus by this Court pursuant to paragraph A above. D. On Count IV, issuance of a peremptory other writ, including an emergency other writ, precluding Respondent's Brunner's appointment of Donald Varian to the Summit County Board of Elections and staying said appointment until this action has been fully adjudicated by this Court. E. On Count V, an alternative writ, including, without limitation, an alternative emergency writ, finding Respondent Brunner without legal authority (i) to reject the appointment of the competent Brian K. Daley to the Summit County Board of Elections as recommended by the Summit GOP Executive Committee and (ii) to appoint and allow Donald Varian, who has not been recommended by the Summit 13 Sz3 County GOP Executive Conunittee to serve on the Sunnnit County Board of Elections before the Summit GOP Executive Committee had the opportunity to recornmend another elector or complete this statutory mandamus action. F. Such other relief as this Court deems equitable, necessary, proper or just. Respectfully submitted, , Grendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Qhio 0147 By: ^ TIMOTHY J. G NDELL (#0005827) Phone No.: (440) 746-9600 Fax No.: (330) 659-2278 E-mail: [email protected] SZy 14 VERIFICATION I, Alex R. Arshinkoff, having been duly sworn, state and depose, based on my own personal knowledge of the facts, that all of the allegations contained in the Petition to which this Verification is attached are true and correct and that all of the Exhibits attached to the Petition are true and correct to the best of my knowledge. Alex R. Arshinkoff Sworn to and subscribed before me by Alex R. Arshinkoff on this 3`" day of March, 2008. JAMES S. SIA407V, AitornayAt-laE^ ►ddery Pubiic - Siate of Otsic My Comndssbn has no expir.ation date 8e0.147.03 ELC. Sa5 CERTIFICATE OF SERVICE A copy the verified petition has been hand delivered to the Respondent and the Office of the Ohio Attorney General on March 4, 2008. Relator also requests a copy be served on the Respondent by this Court according to its procedures for such service. " Timothy J. r ndell Attorney for Relator 15 "i c ^ V6 SUMMIT COUNTY REPUBLICAN PARTY CAN Central Comniittee Officers J o n at h a n'1'. I'av l off Chairmmn January 30, 2008 Joseph iUasich :.rendire 69ce Cbairnran Kurt Lsmbinger Vice Cbairman Secretary of State's Office - Elections Division Attn: Myra Hawkins Madge Doerler Vice Clxdrnrau P.O. Box 2828 Les Knigkt Columbus, OH 43216 lice Chairatart Joyce Stull Dear Ms. Hawkins; Vice Cbrdrntan Robert F. Linton The Summit County Republican Executive Committee acted upon the Sea'etary recommendation for the appointment of member to the Summit County Board of 'fammy M. Erickson Assistant Secrctrn;q Elections-at a regularly called meeting of such committee held on Tuesday, January 29, 2008, at the Summit County Republican Headquarters, 520 South Main Street, .lemes S. Simmji rreasrrr'er Suite 2437, Akron, Ohio. );xectrtive Herewith, we submit the recommendation of Alex R. Arshinkoff for appointment of Committee Officers member to the Summit County Board of Elections, for the four-year term beginning March 1, 2008 and a copy of the resolution authorizing such authorizing such Alex R. Arsliinkoff 67lairnrarr recommendation. Bryan C. Williams i.Vttcnlice V7ce Clrrtirnnw Sincerely yours, Dr. iFilliam Demas Vice Cirairv+au Carol Curtis Vice Chairntan ?,1 Deidre Hanlon Alex R. Arshinkoff, Chairman Mir- Jack Morrison,9r. , Secretary - Vice Chairntan Republican Executive Committee Republican Executive Committee Paul Swanson Vice Chait'tnan Jack Morrison Jr. Secretary StevenKotsatos Assistant SecretarJr iKitns. *mtilil ^wrsn+ser or. E,c,t.ltRt`► A Questionnaire for Prospective Appointment as a Member of the Su-n-ni t County Board of Elections (Pleeee returh YOUR RESUME wlth your eompteted form, unless you are being reappotnted to the Board) FnitNarnew®.,pmo ,Alexander R. Arshinkoff oele; 1-29-08 Prasent Home addrese: 466 West Streetsbo,uo Streetaity: Hudson 44236 330-650-5055 Zip Code Home telephone number E-mail address oate of Blrth: 1 2- 31- 5 4 aleses or ldeidan Name: None Urivec'slJeenseNumber RT $06634. 5st.293-52-4757 Previous addresses in past ten years (inctude yesrq otresidence, cay & stata) 466 West.Streetsboro Street Hudson, OH 44236 Budness Address: 520 South Main Street #2437 cnyr Akron 44311 Chair-nan 330-434-9151 Zip Code Occupafion Busfneestefephone number WMn MsMar4g t1^fe11aWnB9uRdcni, Pbsa amoh addtduul aaaalc ac naawry. 7. Are you currently holding any etected office? q Yes }C1 No If yes, phase kkntify. 2 Are you currently holding any appointed offlce for which q Yes (X No ^ycu must subsequently be eiected? If yes, please idenfify. 4. Are there any drtximstences whfch might present a confHd of 'snerest wah the administmthra duties of a member of the board of eledfons? (see endosed ethics policy, Directhre 42007-35) If yes, pleeae identify. q Yes 2b No 5. Please descdbe any employment or interests in contracts you have had wfth the board of elections within theiast 24 months. None 6. Have you ever been required, as a candidate or campaign treesurer, to fde a campaign fmance report with any board of aleotlons or the Secretary of State? q Yes 7p No 7. Has a campaign in which you were involved as a candidate or treasurer ever been the subject of a refenal or compiaint to the Ohio Eiections Commission? If yes, piease explain. q Yes No ^ Sionature A Dai_ i z f - U Z'i Send ic Secretaarv ef StatE s OPoc= Attenuon'. Mvra hawi Slp^ RESOLUTION BE IT RESOLVED, by the Summit County Republican Executive Committee, that Alex R. Arshinkoff, an elector qualified and competent to perform the duties of such office, be and he is hereby recommended for appointment as a Member of the Board of Elections for Summit County, Ohio for the term beginning March 1, 2008 and ending February 29, 2012. BE IT FURTHER RESOLVED: that the Chairman and Secretary of said Executive Committee, be and they are hereby authorized and instructed to send to the Secretary of State a certification of the action taken by said Executive Committee; and said Alex R.. Arshinkoff is an elector qualified and competent to perform the duties of such office; and that this resolution was passed at a meeting of said Executive Committee by a majority vote of members therof. Akron, Ohio, January 29, 2008 I hereby certify that the foregoing is a true and correct copy of the Resolution passed by the Sunimit County Republican Executive Committee on January 29, 2008. A Alex R. Arshinkoff Jack Morrison, Jr. Chairman, Republican Executive Committee Secretary, Republican Executive Committee Summit County, Ohio Summit County, Ohio SZ.q Foqn No. 300 (12-07) Recommendation for Full Term Appointment of - Member of Board of Elections (For unexpired term use Form # 301) S i'nit County Akron Ohio January 29 .2008 The undersigned Chairperson and Secretary of the q Dem. '13 Rep. Party Executive Committee of Sunnit County, Ohio, do hereby certify that at a meeting of said Executive Commthee, held on the 29th day of Januarv , 2Ui08 it was resolved by a majority vote of the members thereof that Ek Mr. Political Party Affiliation 11 Mrs. q Dem. q Ms. Alexander Ray Arshinkoff Rep. Birthdate 1 2-31 - 5 4 46i5;;.iW.aGt- Rtrpet-Ghnro Gf•raPt S6eet eny Nun0erol RWBI Route Hudson, Ohio 44236 Cib or Vl6ape Zip Cotle Residenc.s Telephone: 33 0- 6 5 0- 5 0 55 Office Tefephone: 3 3 0- 4 3 4- 91 51 who is an elector qualffied and competent to perform the duties of such office, be and is hereby recommended for appointment as a member of the Board of Elections for said county for the full term beginning March 1, 2008 and ending February 29, 2012. Chairpersbn Alex R. Arst(,2nk The address of the Chahperson and Secretary must be provided. 520 South Main Street, Suite Address 2437 Akron Ohio 44311 Send to: Secretary of State's Office - Elections Div. Attn: Myra Hawkins P. O. Box 2828 secreary Jack Morrzson Jr. , Columbus, OH 43216 520 South Main Street, Suite Atlcres= 2437 Akron Ohio 44311 Alex R. Arshinkoff 466 West Streetsboro Street Hudson, Ohio 44236 (330) 650-5055 Emaloyment 6/27/78 - Present Chairman, Summit County Republican Executive Committee 12l78 - Present Member and Past Chairman, Summit County Board of Elections 11/94 - Present President, Arshinkoff and Associates 1983 - 2006 Seibert-Keck Insurance Agency, Licensed Insurance Agent and Broker, Fairlawn, Ohio Political Activities 2006 Co-Chairman of the Blackwell for Govemor Committee 2006 Senior Advisor to the Betty Montgomery Campaign 2004 Member of the Electoral College representing Ohio's 14s' Congressional District 2004 Delegate at Large: Republican National Convention 2003 - 2004 Member, National Finance Committee, Bush-Cheney `04 2001 Member of the Electoral College representing Ohio's 14s' Congressional District . 2000 Delegate-At-Large: Republican National Convention 1999 - 2000 Member, National Finance Committee, Bush for President 1995 - 2002 Chairman, Ohio DeWine for Senate Committee 1996 Vice Chairman of the Ohio Delegation and Delegate to the 1996 Republican National Convention 1995 Chairman: The 1995 Ohio Gubernatorial Inaugural Committee 6/92-5/95 Chairman: Ohio Voinovich for Governor Committee 2/91-6/92 Chairman: Ohio Voinovich/DeWine Committee 1988 - 2004 Member, Ohio Repttblican State Central and Executive Committee S31 Political Activities-Continued 1992 Member, George Bush for President, Ohio Steering Committee 1988 Member, George Bush for President, National Steering Committee Member, George Bush for President, Ohio Steering Committee Northeast Ohio Chairman, George Bush for Ptesident Committee 1985-1987 Member, National Steering Committee Fund.for America's Future 1992 Delegate-at-Large, Republican National Convention Secretary and Member (Representing Ohio), Committee on Permanent Organization, Republican National Convention 1988 Delegate-at-Large, Republican National Convention 1984 Delegate, Republican National Convention Member (Representing Ohio), Committee on Credentials, Republican National Convention 1976: Altemate Delegate, Republican National Convention 1974-1988 Delegate to all State Republican Conventions 1974-1978 Vice Chairman, Summit County Republican Executive Committee 1974-Present Member, Summit County Republican Executive Committee 1974-Present Member, Summit County Republican Central Committee Civic, Community, Club Affiliations and Activities 1997 to 2001 Chairman, The UnivBrsity of Akron Board of Trustees 1996 to 1997 Vice Chairman, The University of Akron Board of Trustees 1992 - 2001 Member, University of Akron Board of Trustees Present Member, Association of Ohio Commodores Present Member, University of Akron Ray C. Bliss and Ellen P. Bliss Scliolarship Comtnittee Member, Phi Kappa Tau Fraternity Pas` President. Akron Fraternal Homeiioldiniy Board ofTrusteeF S3 z. Civic, Community, Club Affiliations and Activities - Continued Member, University of Akron Alumni Association-Hilltoppers 32nd Degree Mason, Shriner Member, Downtown Kiwanis Club of Akron Member, Portage Country Club Awards and Honors 2001 Awarded Doctor of Humane Letters Degree, University of Akron 1994 Awarded the Ray C. Bliss Outstanding Alumni Achievement Award from the Alpha Phi Chapter of Phi Kappa Tau Education Akron Public Schools Jackson Memorial High School, Massillon, Ohio University of Akron Personal D.O.B. December 31, 1954 Spouse: Karen Lynn Arshinkoff S33 Form No. 350. Prescribed by the Secretary of State (12-07) ETHICS POLICY ACKNOWLEDGMENT FORM To be completed by members and employees of the Ohio boards of elections and employees of the secretary of state. For board of elections members and employees, a copy of this completed form is to be filed with the Secretary of State's Election's Division. For Secretary of State employees, return the completed form to your supervisor. Directive 2007-35 I Alex R. Arshinkoff hereby acknowledge that I have reviewed the (Printed nsme of boerd member or board/sos employee) Secretary of State's Ethics Policy and Ohio ethics laws, that I will comply with the same, and that failure to comply with the ethics policy or Ohio ethics laws may result in disciplinary action, which may include dismissal for employees of secretary of state or removal for members and employees of the boards of elections. Z ^-og (Da[e signed) s3y JENNIFER BRUNNER OHIO SECRETARY OF STATE 180 East Broad Street, 151h floor Columbus, Ohio 43215-3726 USA Tel.: 1-614-466-2655 Fax: 1-614-644-0649 www.sos.state.oh.us February 20, 2oo8 Alex R. Arshinkoff Chair, Summit County Republican Party Executive Committee 520 South Main Street, Suite 2437 Akron, OH 44311 Dear Chairman Arshinkoff: You have submitted to me materials on behalf of the Executive Committee of the Summit County Republican Party dated January 29, 2008, recommending your own appointment to the Summit County Board of Elections for the full term beginning March 1,2008. It is my duty as chief elections officer for the State of Ohio, and pursuant to R.C. 3501.05, to "appoint all members of boards of elections." Pursuant to R.C. 3501.o6, board members serve "as the secretary's representatives" for a term of four years. R.C. 3501.07 establishes the process by which the secretary of state makes those appointments. More specifically, R.C. 3501.07 provides that "the county executive committee of the major political party entitled to [aic].appointment may make and file a recommendation with the secretary of state for the appointment of a qualified elector" and further provides: "The secretary of state shall appoint such elector, unless he [or she] has reason to believe that the elector would not be a competent member of such board. In such cases the secretary of state shall so state in writing to the chairman of such county executive committee, with the reasons therefor." Regrettably, I have reason to believe that, if appointed, you will not be a competent member of the Summit County Board of Elections. I therefore shall not reappoint you to that board for the new term beginning March 1, 2008. I am required by statute to state my reasons for this decision. Those reasons follow. I have found the following dictionary definitions of the word "competent:" "answering to all requirements; adequate; sufficient; suitable; capable; legally qualified; fit;" "able to do something well;" "properly or sufficiently qualified; capable;" "adequate for the purpose;" and "having requisite or adequate ability or qualities." ,535 ,Ex#t8jT 8 The boards of elections are charged by statute with a broad range of duties. Among other responsibilities R.C. 3501.11 requires that boards do the following: • appoint and remove the director, deputy director, and employees and all registrars, judges, and other officers of elections, fill vacancies. (R.C. 350i.i1(D)); • make and issue rules and instructions, not inconsistent with law or the rules, directives or advisories issued by the secretary of state, as it considers necessary for the guidance of elections officers and voters (R.C. 3501.11(E)); • investigate irregularities, nonperformance of duties, or violations of Title 35 of the Revised Code by election officers and other persons; (R.C. 35o1.11(J)); I am aware of substantial written evidence concerning your past performance as a member of the Summit County Board of Elections that leads to the unavoidable conclusion that you are either unable or unwilling to competently perform these and other board duties and have not demonstrated a temperament suited to competent service as a board of elections member. Past and current Summit County board employees and other officials have reported to me incidents attributing to you behavior characterized as harassment, intimidation, threats, hostility, retribution and condescension in your role as a board member, either directly or indirectly. Credible claims indicate that you have berated staff and created a hostile work environment in which board employees have endured coercion if not outright threats. One employee has described the Summit County Board of Elections as having "the most negative, back- biting, unprofessional, juvenile and hypocritical atmosphere I have ever worked in" and attributes that environment to you. Moreover, while it is true that our election system does contemplate a certain degree of healthy partisanship to ensure a robust check and balance and fairness in the administration of elections, it is also true that there are boundaries to the acceptable exercise of partisanship by board members, especially in:the performanCe of their duties and especially as it affects the supervision of board employees. Overt political activity must be left outside the doors of the boards of elections. Ornly then will the public have confidence that elections in the county are free, fair, open and honest. Credible complaints indicate that you have fostered an overall partisan climate at the board where Republican board employees have been intimidated from even talking to fellow board employees who are Democrats. Employees report being asked to engage in inappropriate partisan political activity, such as recruiting precinct committee persons from the board office during the workday and preparing petitions for them. Some of these reports, if true, approach or cross the limits of legality. In your role as a member of the board, it is inappropriate that such irregularities be fostered or even tolerated, when it is incumbent on you as a member of the board to investigate irregularities and issue guidance for elections officers and voters. In addition, I have further reviewed three affidavits prepared and signed by individuals who have served as judges of the Common Pleas Court of Summit County. These affiants have testified under oath that you attempted to interfere with the discharge of their official judicial duties and attempted to intimidate them. While these alleged actions may be more in the capacity of Republican county party chairman, it reflects poorly on your fitness to serve as a member of the Summit County Board of Elections and cannot be ignored, as these judges maintain candidacies every six years over which you have S 3(p election jurisdiction as a member of the Sunimit County Board of Elections. These affidavits lend strong evidence that you have engaged in conduct that jeopardizes the faith the public has in the fair conduct of elections, impugning your competence to continue as a member of the Summit County Board of Elections. In view of these and other examples of your past conduct as a board member, I conclude that there are substantiated reasons to support my conclusion that you are not fit, suitable, adequate, or qualified, i.e., competent, to continue in that position. I therefore decline to accept your nomination for a new four-year term to the Summit County Board of Elections. Pursuant to R.C. 3501.07, the Executive Committee of the Republican Party of Summit County may submit a recommendation of another elector for appointment to the Summit County Board of Elections. If the Committee chooses to submit to me a new reconunendation it should do so by dose of business on February 29, 2008, as the law contemplates that I make regular board appointments "[o]n the first day of March in even-numbered years." Sincerely, Jennifer Brunner cc: Jack Morrison Jr., Secretary, Summit County Republican Party Executive Committee S37 SUMMIT COUNTY REPUBLICAN PARTY Central Committee Officers Jonathan T. Pavloff Cl.rairiaan February 26, 2008 Joseph Masich Gsecatice Vice Cbairman KurtLaubinger Vice Cbairaean Secretary of State's Office - Elections Division Madge Doerler Attn: Myra Hawkins Vice Cbairnran P.O. Box 2828 Les Knight Columbus, OH 43216 Vice Cbriirman Joyce Stull Dear Ms. Hawkins; Vice Cbabvaan Robcrt F. Linton The Summit County Republican Executive Committee acted upon the Secretary recommendation for the appointment of member to the Summit County Board of 'l'ammy M. Erickson Assistairt Secretar), Elections at a regularly called meeting of such committee held on Tuesday, February James S. Sinton 26, 2008, at the Summit County Republican Headquarters, 520 South Main Street, Treasnrer Suite 2437, Akron, Ohio. Executive Herewith, we submit the recommendation of Brian K. Daley for appointment of Committec Officers member to the Summit County Board of Elections, for the four-year term beginning March 1, 2008 and a copy of the resolution authorizing such authorizing such ,11es R. Arshinkoff Cbatraran recommendation. Bryan C. Williants C.cecatire Vfee Cbaira:an Sincerely yours, Dr. William Demas 6fce Cl.rairmcne Carol Curtis Vice Cbairnian ^ `^ Deidre Hanlon Alex R. Arshinkoff, Chairman Morrison, Jr,y, ^ecretary Vice Cbatrtuan Republican Executive Committee Republican ExecutMe Committee Paul Swanson Vice Cbairn:an Jack Morrison Jr. Secretary Steven Kotsatos Assistant Secretary S3g Kim S.gxnold Treasarer S20 South siain Su•eeq Suile2477 i 1,icroti. Ol»o 4431;-107` 330-43°.-9151 i ir:: 3:30-4i4-523i: r3X/9111317- Z RESOLUTION BE IT RESOLVED, by the Summit County Republican Executive Committee, Brian K. Daley, an elector qualified and competent to perform the duties of such office, be and he is hereby recommended for appointment as a Member of the Board of Elections for Summit County, Ohio for the term beginning March 1, 2008 and ending February 29, 2012. BE IT FURTHER RESOLVED: that the Chairman and Secretary of said Executive Committee, be and they are hereby authorized and instructed to send to the Secretary of State a certification of the action taken by said Executive Committee; and said Brian K. Daley is an elector qualified and competent to perform the duties of such office, and that this resolution was passed at a meeting of said Executive Connnittee by a majority vote of members thereof. Akron, Ohio, February 26, 2008 I hereby certify that the foregoing is a true and correct copy of the Resolution passed by the Summit County Republican Executive Committee on February 26, 2008. Alex R. Arshinkoff Jack Morrison, Jr: Chairman, Republican Executive Committee Secretary, Republican Executive Committee Sununit County, Ohio Summit County, Ohio . 53' Form No. 302 (12-07). Questionnaire for Prospective Appointment as a Member of the su-n-nit County Board of Elections iPlesse relura YOUR RESUME with your completod form, unless you am being reappciraed to the 6oard) Fulf Nametpeeeepdnt): Rri an K Ila 7 clr Date: 2-26-08 Present Home Address: 112 South Main Street City: Hudson 4.A236... 380-342-1115 [email protected] Zip Code Home telephone number E-mail address Driver's License Number. RN 5 5 8 4 21 sstx 010-32-3109 Previous addresses in past ten years (include ysars of residence, city & state) 132.South Main Strett Hudson Ohio 44236 Business Address: None Business telephone number When ansrndng }he following quasdons, pkace anach addH7nnal ahaeta zs neraecary. 1. Are you currenlyholding any eleoted office? q Yes )p No If yes, please ident'rfy. 2. Are you currently holding any appointed aHfoe for which p Yes ER No you must subsequently be elected? If yes,please identify. 3. Have you ever been cornided af a misdemeanor or felony? If yes, give details of conviehonc what, when and where: q Yes ER No 4. Are there any clrwmstances which mlght present a conflict of intarest vrith the administrative duties of a member of the board of elections? (see enclosed ethics policy, Directive#2007-35) If yes, please identify. q Yes JP No 5. Plaase descdbe any employment or interests in contracts you have had wfth the board of eleetfons within the last 24 months. None . 6. Have you evsr.been required, as a candidate or campaign treasurer, toflle a campaign finance report with arty board of elections or the Secretary of State? Yes q No 7. Has a campaign in which you were involved as a candidate or treasurer ever been the subject of a referral or complaint to the Ohio Elections Commission? If yes, please explain. 0 Yes K No Send te: Secretary of State's Office Attention: hSyre Hawkins ? O Bo::2828, Columbus. OH 43216 Form No. 300 (12-07) Recommendation for Full Term Appointment of Member of Board of Elections (For unexpired term use Form 4 301) Su-n-nit County Akron , Ohio February 26 , 20 08 The undersigned Chairperson and Secretary of the q Dem. 6D Rep. Party Executive Committee of su-n,ri t County, Ohio, do hereby certify that at a meeting of said Executive Committee, heid on the 26th day of , February 2008 it was resolved by a majority vote of the members thereof that * Mr. Politicai Party Affiliation q Mrs. q Dem: q Ms. Brian K. Daley M Rep. Birthdate 09-02-41 132 South Main Street Slreet and Number or Raal Route Hudson Ohio 44236 CtlyorVOk9e ZipCOde Residence Telephone: 3 3 0- 3 4 2-1 1 1 5 Office Telephone: who is an elector qualified and competent to perform the duties of such office, be and is hereby recommended for appointment as a member of the Board of Elections for said county for the full term beginning March 1, 2008 and ending February 29, 2012. Chalrperson Alex R. - Arshinkoff The address of the Chairperson and Secretary must be provided. 520 South MAinnStreet Akron Ohio 44 Address 44311 Suite 2437 Send to: Secretary of State's Office - Elections Div. Attn: Myra Hawkins P. O. Box 2828 Columbus, OH 43216 520 South Main Street Akron Ohio Address 44311 Suite 2437 S41 Form No. 350. Prescribed by the Secretary of State (12-07) ETHICS POLICY ACKNOWLEDGMENT FORM To be completed by members and employees of the Ohio boards of elections and employees of the secretary of state. For board of elections members and employees, a copy of this completed form is to be filed with the Secretary of State's Election's Division. For Secretary of State employees, return the completed form to your supervisior. Directive 2007-35 I Brian R. Daley hereby acknowledge that I have reviewed the (Printed name of bozrd member or boerd/sos employee) Secretary of State's Ethics Policy and Ohio ethics laws, that I will comply with the same, and that failure to comply with the ethics policy or Ohio ethics laws may result in disciplinary action, which may include dismissal for employees of secretary of state or removal for members and employees of the boards of elections. ze ^ 0 (Si m of board member or oard/sos e loyee) / (Dete signed) Syz Brian K. Daley 132 S. Main Street Hudson, OH 44236 (330) 342-1115 1987 TRW Inc., Cleveland, OH to $10 billion automotive and space & defense conglomerate 1998 Director-Finance, TRW Steering Wheel Systems, N.A. (1996-1997). Responsible for all fmancial and MIS functions of TRW's North American steering wheel operations, including capital equipment planning and financing. Additionally, since January 1998, I worked periodically for TRW, on a consulting basis, on various business acquisition and financial reporting matters. Manager - Internal Audit (1987-1996). Responsible for managing numerous concurrent audits of TRW's $7.0 billion worldwide automotive operations. Also, during its 1992/1993 automotive sector restructuring, served as project fmance director for the divestiture of TRW's non-core businesses in the US and Europe. In this capacity, I worked with investment bankers, tax attorneys and prospective buyers in establishing sales terms and.evaluating various financial structuring alternatives to maximize transaction benefits. 1976 BATUS Inc., Louisville, KY to $6.5 billion subsidiary of British American Tobacco U.K., Ltd. 1987 with interests in retail, tobacco and paper Controller. Gimbel's Department Stores (1986-1987). A $500 million retailer with 20 department stores in the New York and Philadelphia areas. Director - Corporate Audit, BATUS (1983-1985). Directed the central audit function, comprised of 32 professionals, in financial, operational and EDP audits and was functionally responsible for an additiona138 auditors at operating companies. Asst. Controller - Brown & Williamson Tobacco Comoany (1976-1983). Established and directed comprehensive audit program for all domestic and international operations. Expanded audit scope to include advertising agencies, sales promotion, market research, transportation and manufacturing. Also, directed risk management department and was responsible for special financial analysis of major capital projects. 5q3 Brian K. Daley - pg. 2 1973 Seeburg Industries, Inc., New York, NY to Major manufacturer and marketer of leisure time devises and consumer products. 1976 Audit Director, Seeburg Industries, Inc. Responsible for intemal audit activities of the company's manufacturing and distribution operations. Controller, Seeburg Products Division Responsible for all accounting and fmancial reporting functions of the division. 1971 Howard Johnson Company, Braintree, MA to A leading motor lodge and restaurant chain. 1973 Served as Audit Manaeer, and later as Motor Lodge Division Controller 1966 General Electric Company, Lynn, MA and Schenectady, NY to Employed in a variety of fmancial positions while a participant in the 1971 General Electric Company Financial Management Prosram. Joined Corporate Audit Staff upon completion of the program. Education/Professional BS in Business Administration (Accounting Major), Northeastern University, 1965. General Electric Company - Financial Management Program, 1968. Northwestem University (Kellogg School) - Institute for Management, 1983. Certified Internal Auditor (CIA), 1972. Kentucky Governor's Executive Management Commission, 1980. Budget Committee of the Tobacco Institute, Washington, DC, 1983. Board of Directors, National Retail Merchants Association, Audit Group, 5 $f Brian K. Daley - Supplemental information • In 1998, retired as Director-Finance, TRW Steering Wheel Systems, N.A. • Through 2005, worked on a consulting basis in the U.S. and Europe, for three large corporations.. This work was in the areas of mergers and acquisitions, controllership, financial reporting and auditing. • Served on Hudson City Council from December of 2003 until December 2007; the lasttwo years as Council president. • Married, three children and five grandchildren 5y5 .1ENNtFER BRUNNER OHIO SECRETARY OF STATE 180 East Broad Street, 15'" fCoor Columbus, Ohio 43215-3726 USA Tel.: 1-614-466-2655 Fax: 1-614-644-0648 voww.sos.state.oh.us Via electronic mail and regular U.S. mail February 29, 2008 Alex R. Arshinkoff Chair, Summit County Republican Party Executive Committee 520 South Main Street, Suite 2437 Akron, OH 44311 Dear Chairman Arshinkoff: I have received from you a recommendation for the full term appointment of Brian K. Daley to the Summit County Board of Elections for the term beginning March z, 2008. The recommendation, dated February 26, 2008, was sent to my office by you in your capacity as Chairperson of the Executive Connnittee of the Summit County Republican Party. Because I believe there is reason to believe that Mr. Daley would not be a competent member of the Board, as outlined in my reasons below, I will not appoint him to the Summit County Board of Elections. Yesterday I received a letter dated February 28, 2008 from Scott W. Sigel concerning the process by which the Executive Committee obtained the nomination of Mr. Daley to the Summit County Board. Mr. Sigel's letter is accompanied by a sworn affidavit that indicates the following: • Mr. Sigel is a member of the Summit County Republican Party Executive Committee. • Mr. Siegel received on February 26 a list of 112 named individuals from the Party in response to a request for the most recent list of members of the Executive Committee. • At the meeting the executive director took a roll call that identified 112 individuals as members of the Executive Committee. • Fifty-four (54) members of the Executive Committee were present at the meeting. • Mr. Siegel raised a point of order at the meeting asserting the lack of a quorum to legally transact business. In his letter Mr. Sigel states that a quorum did not exist "using any of the set of base figures as to total members." He requests that I "disregard this tainted and legally invalid nomination" and appoint someone "who has the respect, credibility, and independence to carry out their duties [as a Board of Elections member] in a fair, impartial and objective manner." 5q 1Q Ex9,A ,a` n Letter to Alex Arshinkoff Page 2 of 4 You, your legal representative, and my office have exchanged communications concerning the quorum requirements that the Executive Committee of the Summit County Republican Party must meet in order to conduct its business. You have acknowledged that the Party has neither a written constitution nor written by-laws. It also appears that the Party has followed Roberts' Rules of Order to conduct business in the past and that a quorum under the circumstances would have been a majority of the total number of Executive Committee members. It appears to me that Mr. Sigel may well be correct that a quorum did not exist at the meeting ofFebruary 26. Procedural issues relating to the February 26 meeting, however, are not the reason for my decision to reject the nomination of Mr. Daley to the Summit County Board of Slections. Rather my decision is compelled by my determination to act in the best interest of the Board and the citizens of Summit County, and to further the overriding goal of assuring public confidence in elections in Ohio. It is my duty as chief elections officer for the State of Ohio, and pursuant to R.C. 3501.05, to "appoint all members of boards of elections." Pursuant to R.C. 3501.o6, board members serve "as the secretary's representatives" for a term of four years. R.C. 3501.07 establishes the process by which the secretary of state makes those appointments. More specifically, R.C. 3501.07 provides that "the county executive committee of the major political party entitled to [an] appointment may make and file a recommendation with the secretary of state for the appointment of a qualified elector" and further provides: "The secretary of state shall appoint such elector, unless he [or she] has reason to believe that the elector would not be a competent member of such board. In such cases the secretary of state shall so state in writing to the chairman of such county executive committee, with the reasons therefor." I have found the following dictionary definitions of the word "competent:" "answering to all requirements; adequate; sufficient; suitable; capable; legally qualified; fit;" "able to do something well;" "properly or sufficiently qualified; capable;" "adequate for the purpose;" and "having requisite or adequate ability or qualities." The boards of elections are charged by statute with a broad range of duties. Among other responsibilities R.C. 3501.11 requires that boards do the following: • appoint and remove the director, deputy director, and employees and all registrars, judges, and other officers of elections, fill vacancies. (RC. 35oi.ii(D)); • make and issue rules and instructions, not inconsistent with law or the rules, directives or advisories issued by the secretary of state, as it considers necessary for the guidance of elections officers and voters (R.C. 3501.ri(E)); • investigate irregularities, nonperformance of duties, or violations of Title 35 of the Revised Code by election officers and other persons; (R.C. 35oi.i1(J)); SyP Letter to Alex Arshinkoff Page 3 of 4 I have before me evidence concerning certain characteristics and past public actions of Mr. Daley that leads to the conclusion that he would not be a competent member of the Board as is required to perform these and other board of elections' duties. This information further convinces me that he does not possess the temperament required for competent service as a board of elections member. By way of example, I have received the following comments concerning Mr. Daley from members of the Summit County community: On October 29, 2007 the Akron Beacon Journal described Mr. Daley, identified as President of the Hudson City Council, as follows: "Daley's approach, in style and substance, is not suited to the political realities of Hudson. It would fit a highly partisan, high-profile Senate contest. *** Daley plays the arch ideologue in a city better served by practical problem-solvers. His way clashes sharply with the nonpartisan tradition of governing. *** As the council president, Daley has operated like a bully. Staff resignations have become commonplace, ***. **"Daley has poisoned the political climate in Hudson, proving a harmful distraction." . Mr. Daley has been described in a written communication to my staff from Michael Moran, who has served on Hudson City Council in Summit County with him, as "very outspoken, never concedes mistakes, and he tries to intimidate others with a loud voice, and sometimes threats. **' There are many other instances of Brian's overbearing personality being used by him in lieu of reasoned discussion to try and get his way. "** Brian is thought of as a bully by many." In connection with a local school funding issue it has been stated, "Brian not only thought that city officials should not work with the schools, he also demanded that the city administration not ineet with the Chamber of Commerce or the Hudson Economic Development Corporation. He called them `special interests' and 'ankle-biters." Schools routinely place issues on the election ballot throughout the State of Ohio, and boards of elections must work with school administrators in the proeess of placing issues on school funding before the county's voters. The Summit County Board of Elections has experienced in the past an environment described as including harassment, intimidation, threats, hostility, retribution and condescension, making it difficult for employees of the board to constructively work together for the public good. I cannot in good conscience appoint an individual to the Board whose past behavior predicts the fostering of a similar unproductive environment. I will not make an appointment that may lead to a failure of confidence among the Summit County electorate or cause them to doubt that their elections are trustworthy and administered in a fair manner so as to benefit the citizens of Summit County and of the State of Ohio. In view of the evidence before me, I conclude that there are substantiated reasons to support my conclusion that Mr. Daley is not fit, suitable, adequate, or qualified, i.e., competent, to serve as a member of the Summit County Board of Elections. 5yg Letter to Alex Arshinkoff Page 4 of 4 Accordingly, pursuant to the statutory authority vested in me by R.C. 3501.04 as chief election officer of the state, and pursuant to R.C. 3501.05 and 3501.o6, I have determined to appoint Donald Varion rather than Brian Daley as a member of the Summit County Board of Elections for the term beginning March i, 2008. Sincerely, 69^' &---14 Jennifer Brunner cc: Brian Daley Sy1