FILED Menager PE 55:21 [IN THE CLEVELAND MUNICIPAL COURT CLEVELAND, OHIO. EASE 8 ae CLERK VELA MUNICIPAL COURT RB: MAR 27-P EAS Kevin Kelley supcE Atidavitof Peron Having FO Knowledge of Ofease RC. 2935.09 ~2935.10 (Ord, No, 615.06 Obstructing Offical Business nd No. 615.09 Personating an Officer On, No, 615.12 Derelition of Duty STATE OF OHIO ) ss: COUNTY OF CUYAHOGA ) ‘Now comes, Eric Jonathan Brewer, an after being dly-swor according to law, depose and states hates ffl legal age, has personal knowledge of all maters sated herein, ands oterwise competent totes to the maters et forth below. Frey, Afi states he following 1. My name is Eric Jonathan Breve. 2. Tamaresidet of Cleveland, Obi in Cuyahoga County and have been for more than sx moaths riot this Amat 3. Tam the former Mayor ofthe City of East Cleveland former Spee Assistant tothe Maye of ‘Cleveland, former Chet of taf to the Mayor of Est Cleveland; and a veteran journalist with cexesive knowledge of Cleveland municipal goverment and its official tat dts back t 1979. 4, haved the oppor fo review events leading up tothe enactreat of Ord, No, 308-17 nd (vd. No. 469-17 0n April 24,2017, and to compare the acs of Cones present to Cleveland's care, odinances und gener awe governing municipal corporations Both are the orinances Kevin Kelley led Cleveland city counel to deliberate and vote on that awarded $88 milion 204Ksuppor funding the renovation of The Q sports arena Kevin Kelley all relevant tines dig the acts hat ae the subject ofthis Affidavit served inthe ffi capacity as President of Cleveland City Council and was admitred oaths opeform the ie of single legilatv fice ofthe muncips! corporation. 6 Apsit 24,2017 Kelley, nhs capacity as President of Coun scheduled and preset over & {300 pm. news conference and delivered an announcement nthe ont steps of 01 Lakeside ‘Aveou that weekend nepotistions bad reautdin “community benefits agreement.” The “sgrsment purported to sport Kelley intent o deliver a $88 milion “al hat fvored Cuyahoga County Exeutve Ammond Bush and Cevaiers over Dan Gilbert desire to obtain ‘ands fom the ity of Cleveland o renovate The Q Arena ‘he tached Cleveland Scene oes sory writen by Sam Allar, an dated April 25,2017, confmed that Kelly, a member ofthe City of Cleveland’ legislative brach of government, performed “administrative” conzact ego and preperation ties Ohio Iw and Clevelands chaser eserved fr the mayor and director of lav. Specifically Allard wrote the following “recording to Frank Jackson, it was Kelley himcel/who worked this weekend o negotiate hese tonal community Beefs.” Allard obuied the information for his ews sory fom videorecording Mayor Prank Jackson ‘ploded to the cin’s website on Tuesday, Apri 25%, At 10 minuts and 33 second into the recording, Jackson spoke the following wordt dscibe Res. No 468-17: “Thi second pec It one that have to gve the council president ao of rei for. He worked hs arrangement along vith many oer But primarily him, And hi ges the est comma Beefs tha ve ever wimessed in my if asa publ ofa since 1980. Four hous ater Kelley's news conerencs, and atthe 7:00 pm, regular meting of Cleveland city coun be presied overs vote to ratify the duty exeating "community benef agreement be secretly negosted on bebslfo he municipal corporation snd in criminal violation of general sae Ins and ordinances tht didnot authorize a member ofthe leisative branch of goverament toscorn the adinnisrative” dss othe Mayr and Decor of La. 10, Ord. No, 469-17 wat not pled onthe aged andthe public was given o advance notice of ts cexisence pursuant to Clevelnds Charter and Ohio's open mesg laws. Neither were members of| the cigs legis sutorty who learaed of Kelley's eislaton 27pm. It was ot ed thee spurt ties as required by he Ordinance Enactment pred identifi the city’s Charter. I id not mex the definition of sn “emergency” a prescbed bythe Corer. 11. Kelley then presided over a wiced "yea ora" ote on Ord. No, 469-17 end enacted it as an vergency with some of the flloning lngunge: “Secon I Tha the President of Counel thorized to accept commitments memoraled I ts lelation and in Supplemental Agreement 1.1 oth Cooperative Agremant baton the ity of Cleland andthe County of Cuaoga andthe Cavaliers Operating Company LLC relating othe 2017 Quicken Loans Arena Projet eich commioents ince he following: 12, Kelley then followed with a vote to enact Or. No, 305-17, which was referenced in Ord No, 469- n. 13, To enset Ord No 305-17, Kelley chose not to presie over voiced “yes or may" vote Caper 5, Section 30 of Cleveland carer requires. Or. No, 30-17 was enacted nde he assumptoo" ‘that the councll members who voted on Apel 7, 2017 would vote the same way. There was 20 roesled "yes or may" ote on Ord. No 305-17. 14 During the regular council mecting on Apt 24, Assistant Director of Law Richard F, Horvath fnformed members of coucl tht he Departnent of Law was not volved n Kelley’commuaity beefs" negotiations, Horvath isthe cit hit corporat counsel 15, Kelley isnotan attorney lcesedopacice aw in Ohio nor is the President of Coun autorzed under ny general ne, Clevelan's charter oa rtnance to pefon legal tis on bel of be municipal ecrporation, 16. The netffet of Horvaths public statment was that Kelley and other unrared legislative offal Ind exceoded the authority ofthe publi offices they hold and usuped the administrative sutorty25. Tho “ofici” utes ofthe President of Council a single member of 17-membereislative suthority id not grant Kelley any legal auth whasoever to negotiate and prepare egal document be created and captioned a “community benefits agreement” or ay otber agreement that ‘ind the municipal corporation of Cleveland. 26, More special, upon examination ofthe City Record for2016 an 20, theres no record of legsation council enacted stthorizing the Mayor or Dizetrof Law to negotiate o prepze 2 controct withthe ofcials of Cuyshogs County, the Galway Bconomic Development Corporation the Cavaliers to deliver the $88 milion in public finds to renovate The Q. 27, Abseat any authorizing legion prior Kelley’ secret weekend negotiation, no rune official was grated any advance thority ooberwie engage or nego Q renovation or comunity benefits agseements with county and corporate oficial 28, The evidence and facts suppor the Afiens RC. 2935.09 elim tha Kelley acted in exces ofthe dais granted to Presidents of Council under Clevelan's Chartrand Ohio la when be pesonaly negotiated algal matter onthe City of Cleveland’ behalf and tht in so doing he obstructed the official business ofthe City of Cleveland by persoating to others tht he was the dly-auhorized Jaw cafrcement officer ofthe muna orpration withthe authority to perform administrative utes granted to the Mayor and Director of lw 2s, Atlant requess this Honorble Court to cause Kelle’ ses and prosecution pursuant RC. 2035.10, and forthe offenses identified herein. PURTHER AFFIANT SAYETH NAUGHT te ‘wom to and subscribed in my presence this. ta 1