SOUTH EUCLID MUNICIPAL COURT
JUDGE CLERK OF COURT
Gayle Williams-Byers Annetta L. Fisher
May 11, 2015
The Honorable Georgine Welo, Mayor
City of South Euclid
1349 South Green Road
South Euclid, OH 44121
Re: South Euclid police say they're not enforcing heroin trafficking
and use laws to battle addiction, increase in deaths, and increase in
addiction-related crimes affecting homes and businesses
Mayor Welo:
I've been informed by South Euclid law enforcement officers under your daily
supervision that the city is experiencing the same heroin trafficking and drug use
problem as neighboring Lyndhurst. | was shocked to learn that you, as the city's chief
law enforcement officer, have not made enforcement of this drug offense a citywide-
priority despite a more than 50 percent increase in charged felony offenses on the
Court's docket. Indeed, barely two percent of the offenses have been opiate-related.
This shocking truth is particularly disturbing given that last June this Court was invited
by Governor John Kasich, Chief Justice of the Supreme Court of Ohio Maureen
O'Connor, and team leader Administrative Judge John Russo to discuss and strategize
around this problem as well as highlight the Suburban Drug Court pilot model which
began with this court and the Cleveland Municipal Court. In December 2014, this
collaborative model received $1 million in renewed federal funding to support this effort
for the next three years.
Court records show that South Euclid police and prosecutors under your supervision
have not referred a single individual to the Suburban Drug Court for service and
treatment of heroin addiction. This news is dangerously disappointing because of
the Ohio Department of Health's recent report of a 43 percent increase in overdoses
due to this lethal opiate drug.
South Euclid's law enforcement officers indicate they are unable to make enforcement a
priority due to a manpower shortage despite your request to the city's voters and
taxpayers to support a $3 million safety levy to maintain police staffing. South Euclid
citizens have recently learned that instead of spending the dollars dedicated to this
issue on staffing, you have redirected it to the police department's pension budget.
1349 South Green Road * South Euclid, Ohio 44121 (216) 381-2880 Fax (216) 381-1195Ohio's top state political leaders began an aggressive response to the growing heroin
epidemic in 2011 when Governar Kasich signed HB 93 to shut down pain mill clinics.
Aiter four years of statewide summits to study the scope of the problem, state, county
and municipal partnerships were built to address an opiate epidemic that affects all our
communities. With this in mind, | will also note that | have not seen any enforcement of
crimes attributed to the manufacturing, distribution and use of “meth.”
Last year Ohio Attorney General Michael DeWine launched a Heroin Recognition and
Enforcement training program through the Ohio Peace Officer Training Academy. I'm
curious, based on the frighteningly low percentage of cases I've received from your
administration, if any South Euclid police officers attended.
When | joined the Court in 2012 | was shocked to see the “profit driven criminal justice”
system that President Barack Obama's U.S. Department of Justice identified in
Ferguson, Missouri firmly in place in South Euclid. Your criminal parking ticket
ordinance that focused on collecting close to $100,000 a year from South Euclid
residents and visitors, served to deny these individuals access to the courts and was an
example of the Ferguson, Missouri profit driven criminal justice system U.S. Attorney
General Eric Holder said should not exist in America
There can be no question that heroin addiction leads to an increase in domestic
violence, child abandonment, burglaries, robberies, thefts from cars, thefts from
businesses and more that affects the overall desirability of South Euclid as a place to
live and work. There is no profit for the administration to engage in heroin addiction
enforcement other than the peace of mind it offers all those who elected us to serve
their needs. It is my view as a judge that money should not be the primary driving force
behind any law enforcement effort and justice, and this court will not support it as a
practice
Itis my belief that Council should hold public hearings on the concems I've raised in this
letter to learn from the city's law enforcement officers, the community and other experts
how our city can join the effort to not only save lives, but to diminish the impact of the
crimes and personal tragedies associated with heroin addiction.
| look forward to sharing my findings with you, the Council and the community in such a
forum, | welcome any early response to this letter and an opportunity to meet with you
to structure an appropriate strategy to support the overall health and viability of South
Euclid.
le Gayle Williams Byers, Judge
ce: South Euclid City Council
Chief of Police Kevin Nietert
Chief Justice Maureen O'Connor
Governar John Kasich
Attorney General Michael DeWine
1349 South Green Road * South Euclid, Ohio 44121 (216) 381-2880 + Fax (216)
381-1195SOUTH EUCLID MUNICIPAL COURT
sitive
JUDGE CLERK OF COURT
Gayle Williams-Byers Annetta I. Fisher
May 11, 2015,
‘The Honorable Dr. David P. Miller, President of Council
City of South Euclid
1349 South Green Road
South Euclid, OH 44121
Re: South Euclid police say they're not enforcing heroin trafficking
and use laws to battle addiction, increase in deaths, and increase in
addiction-related crimes affecting homes and businesses
President Miller:
‘have attached a copy of a letter | forwarded to Mayor Georgine Welo for Council's review that
seeks to learn why South Euclid law enforcement officers are not enforcing heroin and meth
manufacturing, distribution and use laws despite the state's growing number of deaths
attributable to drug overdoses.
Despite @ 50 percent increase in felony prosecutions coming before this court, barely two
percent are related to the use of opiates
lam requesting City Council to schedule a public hearing to meet with the Mayor, Court and
Chief of Police to discuss this very important issue that affects the health, welfare and safety of
all our residents and businesses. | need not explain to you the derogatory impact of the crimes
associated with our drug-addicted residents and others stealing and robbing lo pay for their
daily heroin habit when other options are available to address the problem.
lam ready to share all the efforts the Court has taken with Governor John Kasich, Chief Justice
Maureen O'Connor and Cuyahoga County Administrative Judge John Russo to prepare itself to
support the city's law enforcement effort with treatment and service alternatives
Please inform me how Council intends to move forward in addressing this very important
matter.
City Council
The Honorable Georgine Welo, Mayor
Chief of Police Kevin Nietert
Chief Justice Maureen O'Connor
Governor John Kasich
Attorney General Michael DeWine
1349 South Green Road * South Euclid, Ohio 44121 (216) 381-2880 * Fax (216) 381-1195From: gwelo
Sent: Tuesday, May 12, 2015 3:37 PM
To: tholmes@southeuclidcourt.com; ‘Ruth Gray’; ‘Mae Romeo’; ‘Ed Icove’;
Janegood@jgoodworks.com; ‘Marty Gelfand’; ‘David Miller’; ‘Dennis Fiorell
judgegmb@sutheuclidcourt.com; ‘Lee Wiliams’ ‘Lisa Gross’ 'Kevin Nietert’
ce: udge!
Subject: RE: Letter from Judge Byers
Dear Judge Byers,
‘This isa very serious accusation, | will be asking for an investigation and your full cooperation will be greatly
appreciated, Please forward to me the name or names of the officers who stated that they are "not enforcing heroin
trafficking and use laws to battle addiction, increase in deaths and increase in atdiction-related crimes affecting homes
and business.” | am shocked to hear of this behavior as our officers are highly trained and have the best interest and
safety our residents at heart.
Of course, | will address any concerns {can at this time - and will have my Assistant Lee Williams set up a time for us to
meet, along with Chief Nietert
Regarding manpower shortage, the City of South Eucli¢ has hired 3 new officers to replace those who have retired in the
Police Department and 2 new officers in the Fire Department. The hiring are in direct result of the resident's voting for a
Safety Levy to replace loss revenue by the State of Ohio's legislature cutting of the Local Government Fund,
The process to hire an officer is as Follows:
‘The Test is publicized.
‘The Test is administered by the Civil Service Commission,
The Test is graded and a list is certified by the Civil
Service Commission.
~The List is given to the Chief of the Department.
Background investigations, polygraphs, home visits, etc
-Final candidate interviews by the department.
-Final candidate Interviews by the Mayor.
-Officer offered the position on contingency that they pass
a physical exam, drug screening, and psychological exam
-Officer sworn in as patrolman or patrolwoman.
-6 months of training.
Please note also that the levy does not bring in $3 million dollars! The Safety levy brings in apx. $1,084,345, if you would
like ta verify this information you will find it on page 57 "Special Revenue Fund 410 Safety Forces Levy" in the 2015,
Budget book. Ifyou are not aware Cuyahoga County certifies the estimated revenues and by law the city can only use
that dollar number when budgeting and cannot exceed a 2015 appropriation of $1,279,010. Also, you are incorrect - the
Safety Levy was not intended to maintain police staffing only, it was to maintain all Safety Forces. Could you please give
‘me your source for the incorrect levy amount of $3 million dollars and the person and or persons who informed you that
the levy was to be used entirely to fund the police department? | would like to contact your source and give them the
correct information.Your statement regarding the dedicated dollars shows the inability to understand government accounting and how It
works. Once the safety levy was passed Finance Director James Smith contacted State Auditor Yost's office regarding the
levy. The Auditors recommendation was to set up a Safety Levy fund to directly account for the money from the levy.
The city ddl just that. The cleanest way to account for the money was to dedicate the dollars to one area that reflected
all the Safety Forces and that area is the pension line. Please note also that the 2015 Budget reflects that
603,561 was appropriated for the Police Department and $4,528,101 for the Fire Department. When the Safety Levy
was placed on the ballot in 2013 Police expenditures were $5,503,434.89 and Fire expenditures were $4,332,081.91, As
you can see the administration has kept its promise to maintain the departments and in fact we are spending more in
both areas.
Regartling Heroin trafficking and over all drug abuse, as 2 mother, grandmother and Mayor I take it very seriously. In
fact Common Please Judge Michael Astrab held a series of public forums to help reise awareness of the heroin epidemic
and hosted a "Heroin in the Suburbs" town hall meeting on February 27, 2014 at the Beachwood Library. The panelist
included Deborah Naiman from the Prosecutors office, Defense attorney Michael Goldberg, a Doctor from the Cleveland
Clinic (cannot remember the name} and our own County Council person Sunny Simon. | attended the forum and took to
heart the remarks made by Beachwood graduate Aaron Marks. His words hit home as three of my friends lost their sons
to Heroin in 2013. They lived in Lyndhurst, Highland Heights and Gates Mills- proof that Heroin has taken over in the
suburbs, but | don’t need to point this out as our local media outlets have been in the fore front of the epidemic along
with our county leaders
Regarding seeing any enforcement of manufacturing, distribution of any drug, | can tell you that our police department
has been called upon to assist other law enforcement agencies in these areas. | am only guessing, but | believe these
types of efforts come out of plea deals made at different levels ie. Federal, State, County and local municipalities.
Please understand that if the FBI, DEA, United States Marshall, and or Sheriff Department choose not to ask for
assistance we are not notified and most often only know that such a "Bust" has occurred when a resident calls 911 and
our dispatch is notified. The cases are not brought to aur focal, our local Law Director and or prosecutors, thus our local
‘municipal court would not be the jurisdiction in which the cases would be heard. It goes with out saying that our police
department reports, responds and is the driving force at the local level regarding drug manufacturing and distribution.
Our city’s law enforcement prides itself on saving lives and ta diminish their commitment is unthinkable. That is why 1
am very carious as to the names of those officers who would choose not to enforce drug trafficking. To be honest,
something just does not sound right to me and my gut says this to be untrue. However, one can never say never,
| served 8 years as an Administrative Bailiff in the Cuyahoga County Court of Common Pleas. | saw first hand how all
drug addiction led to domestic violence, child abandonment, burglaries, robberies, and thefts from cars, thefts from
businesses and could even lead to rape and murder. The county has several programs along with dedicated probation
officers, social workers and Metro Hospital to help with the effort. South Euclid is a small community with less than
50,000 people. We rely on our county for these types of services as we do not receive Block Grant money to fund local
programs internally. Our county Health and Human Services levy generates the dollars we cannot afford and lam proud
to say thal | have both endorsed and worked for the levy along with Metro Hospital's last two ballot issues. | applaud
every program and have no idea where you got the feeling of anything differently and to support anything other than
what Ihave stated would be
morally wrong,
Regarding Parking tickets, the City of South Euclid receives numerous calls regarding parking violations. You can find
state code regarding Parking Tickets in our Ohio Revised Code -if you need clarification regarding the City of South
Euclid, police officers issue tickets and an individual can pay the ticket or they can contest the ticket to a Magistrate. If
you would like -I can email you a copy of the legislation in which City Council drafted and passed regarding individuals.
access to a City of South Euclid Magistrate and the hiring of the said Magistrate. The hiring and compensation of the
Magistrate is legislated by our City Council
| personally cannot comment on what process Ferguson Ntissouri uses or what process you the South Euclid Judge, may
Use to administer court costs, fines, special project fees and or computer fees as | am a Mayor and not a
2Judge. But I can tell you that we, the City of South Euclid, do not use a
“profit driven criminal justice” system. However, since | became this City's Mayor in 2004, we have always prided
ourselves on being creative and innovative - and we have been very successful in responding to the fiscal crisis and
foreclose crisis with several programs and initiatives that have been recognized locally and nationally as new best
practices for local government, None of these have anything to do with a "profit driven criminal justice" system. We
have also embraced regionalism and worked with collaborative partners to be more cost effective in providing public
services to the residents we serve. But the reality is our achievements would not be possible without the support of the
residents and taxpayers of South Euclid. They work hard to provide for their families, and they expect their government
to be fiscally responsible with their tax dollars. As Mayor | take my fiduciary responsibilities very seriously and | believe
my record speaks for its self.
We have a proven record of being fiscally responsible; for the last 10 years South Euclid has received the Government
Finance Officers Association Certificate of Achievement for Excellence in Gavernment Reporting. In addition, South
Euclid also received the Ohio Auditor of State Award with Distinction for our most recent financial audit, which found no
deficiencies, as has been the case for the last several years. Finally, South Euclid has maintained our excellent bond
rating, Our Aa2 credit rating is one of the highest in our region and further proof that we have been both fiscally
responsible ancl made the tough choices to promote reinvestment and keep South Euclid stable,
{In closing | am not going to respond to your allegations regarding, "my administration profiting from heroin addiction
enforcement.” The statement is with out merit and unsubstantiated and does not add to the overall health and viability
to the City of South Euclid. As | stated above | will have my Assistant Lee Williams schedule a meeting regarding your
letter of concern, | will have the allegations made by officers investigated and in the mean while | will contact our
Council Person Sunny Simon to assist in this area as she has been instrumental in our district regarding Heroin and Drug
addiction, . Georgine Welo, Mayor
-—-Original Message~
From: Lester Holmes [mailto:Jholmes@southeuclidcourt.com}
Sent: Tuesday, May 12, 2015 9:30 AM
To: gwelo@seuclid.com; ‘Ruth Gray’; ‘Moe Romeo’; ‘Ed Icove'; janegood@jgoodworks.cam; 'Marty Gelfand’; ‘David
Miller’; ‘Dennis Fiorelli’; judgegwb@sutheuctidcourt.com; 'Lee Williams’; 'Lisa Gross’; Kevin Nietert
Subject: Letter from Judge Byers
Greetings,
Please refer to the attached document contained in this email,
Thanks,SOUTH I
D MUNICIPAL COURT
JUDGE
Gayle Williams-Bye'
CLERK OF COURT
Annetta L. Fisher
May 13, 2015
‘The Honorable Georgine Welo, Mayor
1349 S, Green Road
South Euclid, OH 44121
Mayor Welo:
‘Thank you for your prompt response to my letter regarding the low number of heroin-related
arrests seen in the South Euclid Municipal Court. Although much of your responses related to
the very salient issues raised here were imagined, contrived and manufactured, I nonetheless
look forward to an opportunity to work collaboratively with you toward a constructive resolve.
To that end, I am hopeful that any discussion on this topic will be both meaningful and
productive.
Inote that you siated a decision was made between you and the director of finance not to comply
with Ohio's tax levy laws found in Ohio Revised Code 5705, but instead followed some other
process that was not authorized by state law.
You specifically stated that, “Once she safety levy was passed Finance Director James Smith
contacted Stare Auditor Yost's office regarding the levy. The Auditors recommendation was to
set up a Safety Levy fund to directly account for the money from the levy. The city did just that.
The cleanest way to account for the money was to dedicate the dollars to one area that
reflected all the Safety Forces and that area is the pension line.”
Please check your email to validate that 1 cut and pasted the exact language from your
comments. Thank you also for confirming that I correctly stated that “safety levy” funds were
applied to the “pension fund” line item.
If am to understand you correctly, instead of establishing a “safety levy fund” as the finance
director was instructed by the Auditor of State, and in accordance with ORC 5705, you've stated
that the money was placed in the safety forces “pension line.”
I believe | correctly stated that the “safety forces tax levy" was outlined as a “staffing” levy and
not a “pension fund” levy. You confirmed that statement in your letter, and expanded your
statment to include “all safety forces.”
You specifically wrote the following: *
staffing only, it
the Safety Levy was not intended to maintain police
to maintain all Safety For
I will not quibble with you over the $3 million overall “rounded off estimate” versus your more
1349 South Green Road * South Euclid, Ohio 44121 (216) 381-2880 Fax (216) 381-1195detailed $1,084,345. Indeed, it is not my job to manage the city’s overall budget, or to know its
every detail. I will concede that your more detailed “more than $3 million” overall figure is
closer to precise.
What does concer me, and should aiso concern City Council and the Auditor of State, is your
explanation of how “tax levy” funds for “staffing” were appropriated incorrectly to the “pension
fund” line item instead of the “safety levy” line item; and what might be a violation of ORC
5705.41. The statute specifically reads:
Restriction upon appropriation and expenditure of money - certificate of
Aiscal officer. No subdivision or taxing unit shall: (A) Make any
‘appropriation of money except as provided in Chapter 5705. of the Revised
Code; provided, that the authorization of a bond issue shall be deemed to be
an appropriation of the proceeds af the bond issue for the purpose for which
such bonds were issued, but no expenditure shall be made from any bond
Jind until first authorized by the taxing authority (B) Make any expenditure
‘of money unless it has been appropriated as provided in such chapter.”
You may have discovered a “clean” way to make pension fund payments with tax levy money
voters approved for staffing, but I am not certain that your clean way is legal, and I think we
need an answer from the Auditor of State.
| will offer the court's read of Title 5705's restrictions on how “tax levy” funds were supposed to
be used in compliance with the law, and not in some “clean way” that a mayor and finance
director appear to have used to circumvent that law.
Under ORC 5705.09, “Establishment of funds,” Each subdivision shall establish the following
funds: (A) General fund; (B) Sinking fund whenever the subdivision has outstanding bonds other
than serial bonds; (C) Bond retirement fund, for the retirement of serial bonds, notes, or
certificates of indebtedness; (D) A special fund for each special levy:
‘Thank you for acknowledging that these were the instructions to the Finance Director by the
Auditor of State.
‘The next appropriate section for the purposes of this letter is found in ORC 5705.10(C), “Use of
revenues.” (C) Ail revenue derived from a special levy shall be credited to a special fund for
the purpose for which the levy was made.
believe the language in that section of the law is clear, as well, Mayor Welo.
There are some other provisions in ORC 705 that apply to the circumstances you've set forth in
your explanation of how staffing funds find themselves in the pension fund line item.
It establishes in ORC 5705.45, Liability for wrongful payments from public funds —
enforcement,”
“Any officer, employee, or other person who issues any order contrary to section 5705.41 of
the Revised Code, or who expends or authorizes the expenditure of any public funds, or who
1349 South Green Road * South Euclid, Ohio 44121 (216) 381-2880 + Fax (216)
381-1195authorizes or executes any contract contrary to sections 5705.01 to 5705.47 of the Revised Code,
unless payments thereon are subsequently ordered as provided in section 5705.41 of the Revised
Code, or expends or authorizes the expenditure of any public funds on any such void contract,
obligation, or order, unless subsequently approved as provided in that section, or issues a
certificate under the provisions thereof which contains any false statements, shall be liable to the
political subdivision for the full amount paid from the funds of the subdivision on any such
order, contract, or obligation.
Such officer, employee, or other person shall be jointly and severally liable in person and upon
any official bond that he has given to such subdivision, to the extent of any payments of such
void claim,
The prosecuting attorney of the county, the city director of law, or other chief law officer of
the subdivision shall enforce this liability by civil action broughn in any court of appropriate
jurisdiction in the name of and on behalf of the municipal corporation, eounty, or subdivision.
If the prosecuting attorney, city director of law, or other chief law officer of the subdivision
‘fails upon the written request of any taxpayer, to institute action for the enforcement of the
liability, the taxpayer may institute suit in his own name in behalf of the subdivision.”
Mayor Welo, your confirmations are serious insofar as it appears as if you've ignored the will of
the voters to use special funds earmarked for safety forces staffing and directed them to the
pension fund. It would also seem as if this was done in possible violation of ORC 5705.41. This
is indeed a matter for the Auditor of State that will be submitted for a review.
In the event that the Auditor of State confirms your contention, that no special tax Jevy fund was
created, and that tax levy money has been used for another purpose, there are mandatory acts
that elected officials and public employees are required to undertake if we are to maintain our
commitment to our oaths of office. As this court interprets oaths of office to be a mandatory
requirement on all clected and public officials, it will be the position of this court that those
officials comply with the statutory duties of the elected and public offices they hold or face the
‘consequences of their own dereliction consistent with South Euclid Codified Ordinance
525.12(e).
Thave stated repeatedly that the South Euclid Municipal Court will not be a rubber stamp for
official misconduct on the part of any elected or appointed official of the City of South Euclid
We were all elected and have duties imposed upon us consistent with the offices we hold. These
expectations will be enforced in accordance with the laws of the State of Ohio and the United
States government.
1349 South Green Road * South Euclid, Ohio 44121 (216) 381-2880 * Fax (216)
381-1195dge
Lester Holmes
Wednesday, May 13, 2015 11:45 AM
judgegwb@southeuctidcourt.com
FW: Letter to Mayor Welo, City Council and Law Director
Fund 410,pdf
Original Message—-~
From: gwelo [mailto:gwelo@seuclid.com)
Sent: Wednesday, May 13, 2015 11:13 AM
To: Jholmes(@southeuctidcourt.com; ‘Ruth Gray’; 'Moe Romeo’; ‘Ed Icove’; janegood @jgoodworks.cor
‘David Miller’; ‘Dennis Fiorelli’; mlograsso@seuclid.com; 'Modestino Romeo’
Subject: RE: Letter to Mayor Welo, City Council and Law Director
"Marty Gelfand’;
Dear Judge Byers,
Please note that in my previous response, paragraph 5, second line:
"Safety Levy brings in approximately $1,084,345 if you would like to verify this information you will find it on page 57
"Special Revenue Fund 410 Safety Forces Levy" in the 2015 Budget Book.
Again. | believe your statement regarding dedicated dollars shows the inability to understand government accounting
and how it works, The State of Ohio's Auditors Office each year audits the City of South Euclid and if the City of South
Euclid had not set up a fund to directly account for the tax dollars generated from the levy, the state would have found
Us in non-compliance, Since itis evident that you did not verify the information prior to sending out your
correspondence, | have attached a copy of page 57 of the 2015 Budget, "Special Revenue Fund 410 Safety Forces Levy"
‘The City of South Euclid’s portion of the 2014 Audit is complete and | am looking forward to our Exit Interview! Sincerely,
Georgine Welo, Mayor
~---Original Message--—-
From: Lester Holmes [maitto:Ihoimes@southeuc!
Sent: Wednestlay, May 13, 205 9:32 AM
To: guolo(@isauclid.com; ‘Ruth Gray’; "Moe Romeo’; ‘Ed Icove
Miller’; ‘Dennis Fiorelli’; miograsso@seuclid.com
Subject: Letter to Mayor Welo, City Council and Law Director
irt.com]
janegood@jgoodworks.com; 'Marty Gelfand’; 'David
Good Morning,
Please refer to the attached document contained in this email
Thanks,
Lester Holmes
System Administrator/Public information Officer/Deputy Clerk
South Euclid Municipal Courtserreonersiewe
/\PeOITURE:
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SPECIAL REVENUE FUND
REVENUE
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|: HS FUND WAS ESTABLISHED BY RESOLUTION 60-13 TO PROVIDE FOR GENERAL PROVISIONS OF POLICE ANDFIR |
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JUDGE “cme? CLERK OF COURT
Gayle Williams-Bye: Annetta L. Fisher
See,
Cee Tar
May 14, 2015
‘The Honorable Georgine Welo, Mayor
1649 S. Green Road
South Euclid, OH 44121
Mayor Welo:
‘Thank you for confirming a second time that you have decided to use “staffing” funds from the
special safety levy for “police and fire pensions.” More specifically, according to the document
you forwarded to me, the levy dollars are also being used for “sick leave pay off.” You have
already confirmed that the special safety levy voters approved was for “staffing.
Ihave elected to ignore your emotional, imaginary and irrationally false statements where,
among other untrue claims, you accused me of accusing you of profiting off heroin. Those
words are not reflected anywhere in my communication to you.
I raised one issue in my letter to you.
‘This Court prepared itself to handle heroin trafficking, possession and use cases, and they have
not been forthcoming despite the heroin epidemic our state is facing; and despite a heroin
problem in border communities that affects the residents and quality of life in South Euclid. The
reason for the lack of cases, as 1 understand it, is attributable to “staffing.” It was my
understanding that the special safety forces levy voters approved was designed to resolve
staffing issues.
A copy of our communications have been forwarded to the Auditor of State. That state office
will determine if levy money designated for staffing was appropriately used for pension fund and
sick leave pay-offs 2s you have line itemed.
Since it is unclear if the Auditor of State was asked to address this current issue, it seems
doubtful that it will be included in its 2014 “post audit conference.” I do not believe the State
Auditor uses the term “exit interview” to describe its final meeting with officials before audits
are released.
Notwithstanding, it seems only reasonable that we move past the point of a “levy” discussion
and focus our attention on the over-arching issue, which is a meaningful strategy to address
opiate addiction that has become pervasive in suburban communities throughout Cuyahoga
County. I believe in this vein, the court, council and the administration can find common
ground
1349 South Green Road * South Euclid, Ohio 44121 (216) 381-2880 ¢ Fax (216) 381-1195In fact, thank you for your request to meet. I also received a request from council to use the
courtroom/council chambers to host the suggested public forum/public hearing. To that end, 1
believe that any meeting held should include those members of council willing to join the
strategy session so that we can begin to formulate an approach for this important event.
I suggest the following dates and times to meet with the location being the 2™ floor jury room:
Friday May 22, 2015 at 1:30 pm
Friday May 29, 2015 at 1:30pm
Friday June 19, 2015 at 1:30pm
Ihave taken the initiative to reach out to area experts in an effort to bring to our city some of the
leading thinkers and practitioners on this topic. I will prepare a report for the meeting once a
date has been settled between your office, the court and council. I am heartened by the
collaborative and partnering effort demonstrated here, Please let me know your availabil
I will inquire of council as well
ty and
Thank you for your prompt responses. 1 look forward to participating with you and council at
the event.
Respectfully,
1349 South Green Road * South Euclid, Ohio 44121 (216) 381-2880 + Fax (216)
381-1195Judge
From: Georgine Welo
Sent: Friday, May 15, 2015 130 AM
To:
Ce: Ruth Gray; Moe Romeo; Ed Icove: ; Marty Gelfand; David
Miller; Dennis Fiorelli;
Re: Letter to Mayor Welo and City Council
Dear Judge Byers,
This is my third request, Could you please send me the name and or names of the police officers that yau are referring to
in your initial letter, and all facts and evidence that pertain to your accusations.
Second, | am requesting that the two of us meet first and | will check the dates you have listed and get back to you.
Please understand that | will not be partaking in any type of group meeting until | have the facts needed to do so and |
am 100 percent confident that both the Audit and CAFR will be exemplary as we take great pride in our work. The State
of Ohio Auditors are the ones that audit our books, and prepare our financial statements. The city's portion of the 2014
Audit is completed and all documents have been submitted for the CAFR. Once the court releases the information to
the Auditors to complete your portion: the 2014 Audit will be wrapped up -however since you instructed the Law
Director that you will not be supplying the answers for the CAFR there will be areas listed as NA.
{ook forward to receiving your information and if needed | will gladly come to the court to pick it up, just give me a call
- Georgine Welo Mayor
All information in this communication, including its attachments, is strictly confidential and intended solely for the
delivery to and authorized use by the addressee(s} identified above, and may contain privileged, confidential,
proprietary and/or trade secret information entitled to protection and/or exemption from disclosure under applicable
law. if you are not the intended recipient, please take notice that any use, distribution, or copying of this communication
cr anyy information contained herein, and/or any action taken or omitted to be taken in reliance upon it, is unauthorized
and may be unlawful. f you have received this Communication in error, please notify the sender and delete this
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> On May 14, 2015, at 2:18 PM, Lester Holmes wrote:
> Gand Afternoon,
> Please reler to the attached document contained in this email. Please respond directly ta Judge Byers at
judgeswh a southeuclidcourt.com.
> Respecttully,
> Lester Holmes
> System Administrator/Public Information Officer/Deputy ClerkJudge
From: Georgine Welo
Sent Friday, May 15, 2015 2:03 AM
To: Ruth Gray
ce: ; Moe Romeo; Ed Icove;
; Marty Gelfand; David Miller; Dennis Fiorelli;
; Moe Romeo
Subject: Re: Letter to Mayar Wela and City Council
Dear City Council,
Please note that | have net received any information or facts regarding the Judges allegations, However | have been able
to verify that the county wrote a grant for a drug court, not our South Euclid Court. We take all felony cases to the
Cuyahoga County Court of Common Pleas directly. The South Euclid Municipal court does not have jurisdiction over
felonies, however the court has been used for bail hearings. Neither our police officers nor myself have the legal
authority to place anyone in a Drug Court or Drug Program. All Felony Meth/Heroin defendants are arraigned in the
Cuyahoga County Court of Common Pleas and the County Judge assigned to their case has the authority to meke the
above dlecisions, Again Mayors and Police Officers do not have Judicial powers. As a small municipality we rely on the
county for all health and human services, we do not have the personnel and or financial resources to run any type of
Meth/Herain program. | have visited the Cuyahoga County Prosecutor's website regarding these issues and you may
want to do the same.
Thave reviewed the 2014 South Euclid Police Department Annual Report (you have all received a copy). The Annual
Report is a complete reporting of all crime in our city and lastly the city has completed all reporting in regards to both
the 2014 Audit and CAFR, Remember itis the State of Ohio who Audits us and prepares our financials, we do not do this
‘ourselves and | have complete confidence that we will again receive an Award Winning Audit
In closing, | am eager to receive all supporting documentation, facts and sources from the court as | have nothing to base
Judge Byers allegations on.
Georgine Welo, Mayor
All information in this communication, including its attachments, is strictly confidential and intended solely for the
delivery to and authorized use by the addressee(s) identified above, and may contain privileged, confidential,
proprietary and/or trade secret information entitled to protection and/or exemption from disclosure under applicable
law. If you are not the intended recipient, please take notice that any use, distribution, or copying of this communication
or any information contained herein, and/or any action taken or omitted to be taken in reliance upon it, is unauthorized
and may be unlawful. If you have received this Communication in error, please notify the sender and delete this
‘communication from your computer.
> On May 14,2035, a 21:11 PM, Ruth Gray wrote:
> ester
7 Please note, that | am requesting possible dates that would be available in the evening hours.
> Thank you for your assistance inthis regard
> Ruth Gray