21 .

Said Respondents specifically and categorically deny each and every other allegation and
averment contained in Relators' Complaint not specifically admitted herein.
Defenses

22.

,...

Respondents, at al I times, followed the City Council Rules \Vhcn adjourning into
Executive Session .

_.).

Rclators' claims are barred for failure to name an indispensable party.

24.

Relators have foiled to state a claim upon which relier can be granted.

25.

Rclators claims are barred due to the doctrine of "unclean hands" .

26 .

Re.la tors are barred from recovery due to statutory immunity in the State of Ohio.

27.

Rclators are barred from recovery sinl'.:e Respondents acted upon the advice of legal
counsel.

28 .

Relators arc barred from recovery for having failed to provide notice pursuunl to ORC

733.59.
29 .

Relators are barred from recovery for having failed to exhaust all administrative
remedies.

30.

Rclators are barred from recovery Jue to the doctrine of illegality.

Counterclaim /\gain!:lt Relator William C. Brownlee for Injunctive RelieL Dama!.!es and
Mandamus
Now comes the City of Maple Heights. Ohio and for its counterclaim against \Villiam C.

Brownlee, alleges as follows :

l)

Relator William C. Brownlee (also known as Bill Brownlee) is a duly elected

Councilperson rerresenting the constituents of District 5 in the City of Maple Heights, Ohio on

the Maple Heights City Council.

2)

As a duly elected Councilman for the City of Maple Heights, all members of

Maple Heights City Council have certain duties and responsibilities in serving all constituents of
the City or Maple Heights.
3)

One of the principal tasks of any silting Councilman in the City of Maple Heights

is to oversee the financial where-with-all of the City by providing for revenue streams into the
City. approve expenditures through the budget approval process. <1nd to be a steward of the
taxpayers money by being certain the ta x payers funds that are expended provide an overall

Electronically Filed 04/29/2015 16:28 I ANSWERS I CV 15 839493 I Confirmation Nbr. 427335 I CLJML

benefit to the City and its taxpayers.

All members of Maple Heights City Council are bound by certain ethical rules

4)

pursuant to Ohio Revised Code Chapter 102 and rules promulgated by the Ohio Ethics
Commission.
5)

All members of Maple Heights City Council have a fiduciary duty to oversee the

collection

or taxes and other revenue to the City of Maple Heights and insure that said funds are

being properly spent for the betterment of the citizens of Maple Heights. Ohio.
6)

All members of Maple Heights City Council arc obligated to provide certain basic

City services to the community l(>r the public health. safety and \\el fare.
7)

i\ll membcrs of the Maple Heights City Council have a duty to work with all of

their colleagues on Council and with all member:-:;

or the City administration lo effectively and

appropriately introduce. promote and pass legislation for the betterment of the Maple Heights
community.
8)

All members of Maple Heights City Council have a duty to come

to

all Council

meetings prepared to intelligently discuss proposed legislation <:tnd other issues relating to the
City and /or the City's operations.
9)

All members of Maple Heights City Council have a duty to engage in appropriate

clecorum at all public meetings, including not raising their voice; not being demeaning to their
colleagues on Council: not being demeaning to members or the City administration; and
othl..'.rwisc act with civility .
I 0)

All members or Maple l leights City Council have a duty to report any interest

they have in. or compensation they receive, directly or indirectly. from, by, or through the City of
Maple l lcights excepting only the salary earned for serving as a Councilman as provided by City
ordinance.
11)

All members orl\1aple Ileights City Coum:il have a duty to resolve conflicts in a

dignified, cost cfkctive, conscientious manner.

12)

All members of Maple Heights City Council have a duty not to \Vaste City

resources.
IJ)

All members

or Maple llcights City Council have a duty lo not use their position

as a City Councilman for political opportunism to the d<.:triment of City services lo the

Electronically Filed 04/29/201516:28 I ANSWERS I CV 15 839493 I Confirmation Nbr. 427335 I CLJML

community, or for purposes

14)

or hmassmcnt, agitation, embarrassment or economic gain.

All lllcmbers of Maple Heights City Council. as public servants, should

understand that they vvill be held lo a higher standard and higher expectations than a mere
taxpayer in the City.
1 5)

/\11 rnern be rs of Maple Heights Ci t.y Council have a duty not to impede the

progress of the City. the legislative process. and the protection

or the best interests of the public

being served.

16)

All members of the Maple Heights City Council have a duty to operate through

the democratic. majority rule process.

17)

Councilman William C. Brownlee has. on numerous occasions. made statements

rn a public meeting of the \ilaple I !eights City Council demeaning the experience. conduct,
integrity and authority

or the Council

President, other members of Council and various members

of the administration.
18)

Councilman Williarn C. Brownlee has engaged in conduct outside the scope of his

authority as n Councilman without Council's consensus or approval.

19)
meetings

Councilman \.Villiam C. Brownlee has engaged in outbursts and rage, in public

or the Maple Heights City Council causing sai<l meetings to be disrupted. ignoring the

direction of the Council President, and at times. requiring recess and/or adjournment Lo restore
decorum.

20)

Councilman William C. Brownlee \:\'as publicly censured by the Maple Heights

City Council for his inappropriate conduct as a Councilman .

21)

Directly subsequent to Councilman William C. Rrownlcc's public censure by the

Maple I !eights City Council, this legal action \vas filed in this Court.
22)

This legal action was filed. at least in part, in retaliation to the public censure of

Councilman William C. 13rownke by the Respondent Councilmen narncd in this action .

23)

The Respon<lent/Countcr-claimanrs arc informed

ar~d

verily believe that

Councilman William C. l3rownlee has receivc<l compensation from the settlement of prior
l:1\vsuits he caused to be filed against the City orl'v1aple llcights and/or its agents, in excess of
that permitted by hnv, all of which has not been disclosed, contrary to the provisions of Ohio

Revised Code 733.72.

Electronically Filed 04/29/2015 16:28 I ANSWERS I CV 15 839493 I Confirmation Nbr. 427335 I CLJML

24)

Councilman William C. BrO\vnke foiled to provide any taxpayers notice to the

City of fVlaplc Heights pursuant to Ohio Revised Code 733.59 , prior to the filing of this action.
I~)
.;.,)

Councilman William C. Brownlee, by himself or through a family member, has

repeatedly made numerous public records requests, requiring the diversion of the attention of
already short-staffe<l departments lo fulfill such requests when much of the requested information
related to nx:orcls and documents he had already received and reviewed in the budget and/or
kgislative process.
26)

Thal Councilman \Villiam C. Brmv!1Jee's public records requests are

predominantly for use in his engagement of public ridicule of colleagues on Council and/or
memhers of the administration, or to cause delays in the legislative business of th<; City.
27)

Councilman Willian1 C. Rrownlee has failed

Lo

support any revenue generating

proposal of the i'v1aplc I kights Ci Ly Council in the form of any income tax increase, property tax
increase, or photographic trartic control program: all to the financial detriment of the City he was
e kctcd to serve.
28)

Counci Iman W i II iam C. Brownlee has not suggested or proposed a single revenue

generating proposition to the Maple Heights City Council for their consideration.
20)
member

Councilman William C. Brownlee has engaged in conduct unbecoming of a

nr City Council; hus disrupted numerous public meetings; has engaged in the consistent

praclicc of demeaning his Council colleagues, Council President. and various members of the

City administration causing the Council to be strained in every aspect of its function due to
Councilman L3rownlec's disruptive aberrant behavior.
30)

Respondents/Counter-claimants verily believe that unless enjoined, Councilman

\Villiarn C. Brovvnlce will continue

lo

interrupt City business with needless public record

requests: continue to ignore the directions

or the President of Council and/or the Chair in public

meetings in disruption of the Council and/or Council commillee process: continue lo demean
colleagues on Council and members

~>fthe

City administration to the detriment of the shaiing of

idc<1s and problem solving discussions: will engage in conduct costly to the taxpayers of" the City
instead of seeking administralive remedies and/or acceplanc.:c of the democratic process engaged

by Council; \viii continue

lo

grandstanc..I in public meetings to promote himself at the cost of

appropriate decorum and cldays in addressing agenda items and fruitful City business; will

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engage in profit taking from City funds at the expense of City taxpayers vvilhout disclosure or the
cxhauslion of administrative andior other remedies or recourse.
31)

Councilman William C. Brownlee has. on occasion. appeared at Council meetings

unprepared to intelligenlly discuss legislative topic::> or proposed legislation. and on one occasion,
lrnd obviously not even read the text of a resolution in support oC declaring February 4 as ROS/\
PJ\RKS DAY by asking "Why February 4th'? " when in the text or the resolution it stated that
February 4th \Vas Rosa Parks birthday .
32)

Councilman William C. 13rownlee docs not unclcrstancl. nor will he take any

direction regarding the legislature's budget process. including the difference between a
preliminary budget funding request filed with the County. and the actual City budget approval
process ~

all of which confoumls and/or misleads the audience. !he public and agitates the

administration to the dcLrimenl

33)

or the City's business and the legislative process.

Thi:: Respondent C'ountcr-claimanls verily believe that unless a mandamus is

issued requiring Councilman William C. Rrownlee to educate himself on the issues

or municipal

funding lhe budget process, and further is required to read um! educate himscl r on all kgislation
prior to public medings ofthl' City Council of Maple Heights. he will continue to inordinately
delay the lt:gislative process. prolong inquiries to the administration . mislead the public, and
other-..visi.: improperly irnpede normal City runctions.
34)

In the event it is shown Lhat Councilman William C. I3rownlcc has inappropriately

profited from any litigation he promulgated against the City of Maple fleights. in viohilion of
ORC 733.72. the City is entitled to the return of all of those runds for deposit in the General
Fund.
WI IEREFORF.. Respondents hereby pray and request that the Court:
a)

render judgment in favor of Respondents against the Relators

b)

render judgment in favor of the Respondents against the Relators stating thal there
has been no violation of the Ohio Open

c)

render judgment in favor

Me~tings

Act

or the Respondents against the Rclntors stating that

Respondents substantially complied with all record-keeping requirements of the

Ohio Open Meetings Act
d)

render judgment in l'avor of tht:: Rcspondenls against the R<.:lators stating that no

Electronically Filed 04/29/2015 16:28 I ANSWERS I CV 15 839493 I Confirmation Nbr. 427335 I CLJML

improper cxecuLi ve session of the Maple Heights City Counci I occurred on

January 7. 2015
e)

render a judgment in favor ol. the Respondents against the Rt:lators denying all of
Relator's requests for injunctive relier

f)

render a judgment in favor of Rcspondenls against the Relators denying civil

for!Citure damages. costs andior allorney fees

g)

issue an injunction compelling. Relator/Councilman William C. Rrownlee to

relrain from the following behavior in public meetings and in the course of his

public service: to wit:

I)

ignoring the direction and/or commands from Lhe Council President on

presiding chair
2)

engaging in disruptive oulbursls. demeaning cornmentary. disrespectful

comments and dialogue unrelated to the agenda item at hand

3)

any and all retaliatory conduct

4)

from impeding the legislative process by making ohscure. unexplainable

motions
5)

liom arguing with the President of Council and/or presiding chair

C>)

from demanding to speak at public meetings on any issue arter being

recognized twice by the Council President and/or Presiding Chair

7)

J"rom filing any legal action aguinst any Rcsporn.knt without having first
complied with ORC 733 .59 notice requirements and exhausted all
administrative remedies, including mediation

8)

requesting "public records" that have previously been provided to him in

the legislative process

9)

engaging in self promotion or "grandstanding" in public meetings

10)

deviating olTtopic in public meetings

11)

engaging in and/or participating in any action that will cost the City of
Maple l leights money when he could receive a financial benefit over and
above his Council salary

h)

issue a mandamus order against Rclator William C. Brownlee requiring him to be

Electronically Filed 04/29/2015 16:28 I ANSWERS I CV 15 839493 I Confirmation Nbr. 427335 I CLJML

frmnally educated regarding the various roles

or the Executive. Legislative and

Judicial hranches of government: the duties and responsibilities of a Municipal

Counci Iman; the l .egislativc process; appropriate etiquette and decorum in the
legislative process; an<l "sensitivity" and/or anger management counseling
i)

issue an order in mandamus requiring Relalor William C. Brownlee to read and be

familiar vvith all resolution and ordinance legislation in advance of any public
meeting

j)

issue an order requiring Relator William C. Brownlee to return any and all funds

he has receive.cl. directly or indirectly. from the City ol"Maplc Ileights. or their
insurer. in violation of Ohio law to the (1cneral Fund of the City of Maple
Heights, Ohio

Attorney for Respondents

303 Columbus
Becllcml. 011 44146
(440) 232-270 I

(440) 232-7995 (fax)

CERTIFlCATE OF SERVICL

/\copy or the foregoing was sent lo Curt C. Hartman. 7394 Ridgcpoint Dr .. Ste. 8.
Cincinnali. 011 45230 and Christopher P. Finney. 4270 Ivy Point Dr .. Ste. 225. Cincinnati, OJI
45245 by regular l.l.S. nrnil thisp/f_. day 01 April. 2015 .

air 0i . !v1elling #0002896

Electronically Filed 04/29/201516:28 /ANSWERS I CV 15 839493 /Confirmation Nbr. 427335 / CLJML