ON COMPUTERA NC6 L - Moritz College of Law · ON COMPUTERA NC6 Iu lgfje bupreme Court ®f ®rjio...

LON COMPUTERA NC6

Iu lgfje bupreme Court ®f ®rjio

State ex rel. Summit County Republican PartyExecutive Committee,

Relator,

vs.

Secretary of State Jennifer Brunner

Respondent.

: Case No. 08-0478

: Original Action in Mandamus

RESPONDENT'S EVIDENCE - VOLUME IIDeposition of Brian K. Daley- Transcript

MARC DANN (0039425)Ohio Attorney General

Richard N. Coglianese (0066830)[email protected] of RecordWilliam C. Becker (0013476)Damian W. Sikora (0075224)Pearl M. Chin (0078810)Assistant Attorneys General30 East Broad Street, 16th FloorColumbus, Ohio 43215614-466-2872614-728-7592 fax

Attorneys for RespondentOhio Secretary of State Jennifer Brunner

Certificate of Service

This is to certify that a copy of the foregoing Respondent's Evidence, Vol. II, was

served upon the following, on this 14th day of March 2008, by US Mail, postage prepaid:

Timothy J. GrendellGrendell & Simon Co., LPABroadview Heights, Ohio 44147440-746-9604 (Fax)

Attorney for Relator

1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

IN THE SUPREME COURT OF OHIO

State ex rel. Summit CountyRepublican Party ExecutiveCommittee,

Relator,

vs. : Case No. 08-0478

Secretary of StateJennifer Brunner,

Respondent.

DEPOSITION OF BRIAN KEVIN DALEY

Taken at 150 East Gay Street, 23rd FloorColumbus, Ohio 43215

March 12, 20083:20 p.m.

Connie M. Willman, RPR, Inc. (614) 870-0998

1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

IN THE SUPREME COURT OF OHIO

State ex rel. Summit CountyRepublican Party ExecutiveCommittee,

Relator,

vs. Case No. 08-0478

Secretary of StateJennifer Brunner,

Respondent.

DEPOSITION OF BRIAN DALEY

Taken at 150 East Gay Street, 23rd FloorColumbus, Ohio 43215

March 12, 20083:20 p.m.


2

1

2

3

4

5

6

A P P E A R A N C E S

APPEARING ON BEHALF OF THE RELATOR:

Marc Dann, Ohio Attorney GeneralWilliam C. Becker andAmy S. BrownAssistant Attorneys GeneralCourt of Claims Defense Section150 East Gay Street, 23rd FloorColumbus, Ohio 43215

Marc Dann, Ohio Attorney GeneralDamian W. Sikora, Assistant ChiefConstitutional Offices Section30 East Broad Street, 16th FloorColumbus, Ohio 43215

Jennifer Brunner, Ohio Secretary of StateEleanor L. Speelman, General Counsel180 East Broad Street, 15th FloorColumbus, Ohio 43215

16

APPEARING ON BEHALF OF THE RESPONDENT:

Timothy J. Grendell, Esq.Grendell & Simon Co., L.P.A.6640 Harris RoadBroadview Heights, Ohio 44147

ALSO PRESENT:

Mr. David M. Farrell, Mr. Michael B. Chadsey,Mr. Alex Arshinkoff


3

1

2

3

4

5

6

7

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

Wednesday Afternoon Session,

March 12, 2008.

STIPULATIONS

It is stipulated by and between counsel for

the respective parties that the deposition of Brian K.

Daley, a witness herein, called by the Respondent under

the applicable Rules of Civil Procedure, may be taken at

this time and reduced to writing in stenotypy by the

Notary, whose notes thereafter may be transcribed out of

the presence of the witness; and that proof of the

official character and qualification of the Notary is

waived.


1

2

3

4

5

6

12

13

14

15

16

17

18

19

20

21

22

23

24

4

BRIAN KEVIN DALEY

being by me first duly sworn, as hereinafter certified,

deposes and says as follows:

By Mr. Becker:

EXAMINATION

Q. Sir, for the record would you state your

full name for us.

A. Brian Kevin Daley.

Q. Mr. Daley, my name is Bill Becker. I'm one

of the attorneys representing the Secretary of State's

Office in a lawsuit that's been brought by the Executive

Committee of the Summit County Republican Party.

I understand you were -- you have been a

member of that committee for some time.

A. What do you mean, some time?

Q. I don't know. Are you currently a member of

that committee?

A. Yes.

Q. How long have you been a member?

A. Approximately a year and a half.

Q. Okay. Were you on any other committees of

the Summit County Republican Party prior to joining the

Executive Committee?

A. No.


5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

Q. I'm going to be asking you some questions

here this afternoon. If I ask you a question you don't

understand, you let me know and I'll rephrase it so

there's an understanding between us, okay? And you have

to verbalize all your responses.

A. Yes,

Q. That's another rule. And I'll try to

remember if you will as well.

When were you first contacted and by whom

about serving on the Summit County Board of Elections?

A. I was contacted about approximately three

weeks ago by Mr. Arshinkoff.

Q. Okay. That's the first time that anybody

contacted you or spoke to you about serving on the

Summit County Board of Elections?

A. Yes.

Q. Had you ever expressed any interest in doing

so before Mr, Arshinkoff called you?

A. No.

Q. And I guess I presume that was a phone call,

was that how he contacted you --

A. Yes.

Q. -- approximately three weeks ago. What was

your conversation with him about becoming a member of


6

1

2

3

4

5

6

7

8

13

14

15

16

17

18

19

20

21

22

23

24

the Board of Elections?

A. Well, Mr. Arshinkoff indicated that he had

not been reappointed, which I had already been aware of,

and asked if I'd be willing to serve.

Q. Okay. Did you talk about anything else in

that conversation?

A. I think he mentioned the salary.

Q. Okay. What did he say the salary was?

A. I think he said 17,000 approximately per

year.

Q. And did he tell you what it is that you

would have to do as a member of the Board of Elections?

A. In general terms he told me that we ensure

the integrity of the electoral process in Summit County.

Q. Did he go into any greater detail than that?

A. No, not to my recollection.

Q. Prior to you then being selected by the

Executive Committee of the Summit County Republican

Party did anybody discuss with you what would be

involved with being a member of the Board of Elections?

MR. GRENDELL: Objection. Go ahead and

answer.

A. Not to my recollection, no.

Q. Okay. So when you were nominated and then


7

1

2

3

4

5

6

7

8

9

18

19

20

21

22

23

24

chosen as the recommendation of the Executive Committee

of the Summit County Republican Party what you knew

about the Board of Elections job is that it was to

oversee the integrity of elections and that you could be

paid about $17,000 a year for that?

A. Yes.

Q. That's all you knew?

A. That's all I recall that I knew.

Q. Okay. At some point in the process you had

to submit a resume. When was that?

A. I'm going to guess a few days after

Mr. Arshinkoff initially contacted me.

Q. Okay. Did you submit -- so you submitted a

resume to him?

A. I believe I gave it to Mr. Arshinkoff. I

believe so, yes. It went to the Summit County

Republican Party in any event. I think I may have

forwarded an electronic version to the -- his assistant,

Angela.

Q. Okay. You attended the meeting of the

Executive Committee where you were selected to fill this

opening on the Board of Elections, correct?

A. Yes, I did.

Q. Was your resume circulated in any manner to


1

2

3

4

5

6

7

24

8

the members of the Executive Committee before they voted

to recommend you to the Secretary of State?


answer.

A. I don't know.

Q. You were there at the meeting?

A. Yes.

Q. Did you see your resume at any time during

the course of that meeting?

MR. GRENDELL: Objection.

A. I think I did, but I don't recall, because

I've seen the resume a number of times. I don't recall

if I saw it at that meeting or not.

Q. Okay. What was said, if anything, about

your qualifications and competency at that meeting

before the Executive Committee voted to recommend you?


answer.

A. Well, Mr. Arshinkoff spoke to that subject

at the meeting and indicated that I had extensive audit

background and financial control background and some of

that related to information systems also.

Q. Okay. Anybody else speak to your

background?


9

1

2

3

4

5

6

7

8

9

14

15

16

17

18

19

20

21

22

23

24

A. Not to my recollection.

Q. There was a vote taken, as I understand, it

was a voice vote for the recommendation of you from the

Executive Committee. Did you participate in that voice

vote?


answer.

A. Yes.

Q. And did you vote for yourself?

A. Yes.

Q. Okay. Do you remember anybody voting

against you?

A. Yes.

Q. Who or how many?

A. It was one. I believe I heard one voice

that I identified as one voice and I was later told that

that was Scott Sigel.

Q. Okay. My guess is you turned around and

looked?

A. I looked and it came from his direction.

Q. Okay. Did you hear anybody abstaining?

A. I don't recall --

Q. Okay.

A. -- an abstention.


I

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

10

Q. All right. Were there -- strike that. You

received some kind of notice, I assume, of this meeting,

you had to receive a notice?

A. Yes.

Q. Did that notice in any way indicate that you

were going to be the nominee that the Executive

Committee would be voting on?

A. I don't recall. I don't recall.

Q. Do you recall before you walked into the

Executive Committee room discussing your nomination with

anyone other than Mr. Arshinkoff?

A. I don't recall.

Q. Do you know if anybody was speaking on your

behalf to Executive Committee members before this

meeting?

A. I don't know the answer to that.

Q. Did Mr. Arshinkoff represent to you that if

you said, yes, I will -- if nominated I will serve that

it would be essentially a done deal with the Executive

Committee?


answer.

A. That was not stated to me, no.

Q. Did he make any representations about the


11

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

vote and likelihood, that is, if you threw your hat in

the ring that you wouldn't be embarrassed by not being

selected?


answer.

A. No, he did not.

Q. There wasn't any discussion at this

Executive Committee meeting about any other nominees; is

that correct?

A. That's correct.

Q. Okay. Do you know if anybody else had an

interest in this position?


answer.

A. I do not.

Q. Before you showed up at this Executive

Committee meeting did you receive any sort of notice or

announcement from the Republican Party that this

position was open and available to anybody who wanted to

apply?

A. I did not.

Q. Did Mr. Arshinkoff comment on the Secretary

of State's rejection of him for this particular position

at this meeting?


12

1

2

3

4

5

6

18

19

20

21

22

23

24

A. Yes, he did.

Q. And what did he say about her decision?


answer.

A. He was obviously troubled by it. He thought

it was unfair and I'm paraphrasing now. I'm not

verbatim. And he said that nobody had contacted him to

hear his side of the story and she had acted without

benefit of hearing what he had to say.

Q. Had you ever thought of serving on the

Summit County Board of Elections before Mr. Arshinkoff

called you and asked you if you'd be interested?


answer.

A. No.

Q. Had you ever had any professional dealings

or had you ever worked with the Summit County Board of

Elections in the past?

A. I guess it depends what you mean by that. I

ran for election.

Q. Right. You obviously had some filing

requirements, correct?

A. Yes.

Q. Other than that, had you had any dealings


13

1

2

3

4

5

6

7

18

19

20

21

22

23

24

with the Board of Elections outside of your candidacy

and holding office?

A. One time approximately 10 to 15 years ago I

was involved in verifying a close count on a school

levy, I believe.

Q. You weren't counting hanging chads, were

you?

A. Oh, no.

Q. All right. That was just something you got

called in to look at that particular election?

A. (Witness nods head.)

Q. You have to say yes again.

A. Yes.

Q. Okay. So you've been attending Executive

Committee meetings of the Summit County Republican Party

did you say for a year, year and a half, something like

that?

A. Approximately a year and a half,

thereabouts, yes.

Q. What have you observed in terms of how a

quorum is accounted for at these Executive Committee

meetings if it is?


answer.


14

1

2

3

4

5

6

7

8

9

10

17

18

19

20

21

22

23

24

A. That's relegated to the secretary. I know

the secretary and the chairman talk about that between

themselves at the meeting, I mean, in front of the body.

There's nothing secret about it. I thought it's just a

perfunctory thing, do we have a quorum, we have a quorum

and so forth. I never really paid much attention to it,

frankly.

Q. There is a roll call before the meeting

starts; is that correct?

A. To the best of my recollection, yes.

Q. When you showed up at the meeting where you

were selected or in prior meetings somebody calls out

your name and you say here or aye or present or

whatever?

A. Yes.

Q. Okay. And that's been the standard practice

of the Executive Committee?

A. Yes.

Q. When you've attended?

A. Yes.

Q. And that is done at the outset as you get

everybody quieted down and gathered they do that roll

call?

A. Yes.


15

1

2

3

4

5

6

7

14

Q. Is that usually done before dinner?


A. To the best of my recollection it is.

Q. Probably shortly after you get everybody

seated and quiet?

A. Yes. I think so. As a matter of fact,

typically it's a buffet so people are walking up,

getting food. You may be straddling that.

Q. When Mr. Arshinkoff called you and asked you

if you would be interested in serving on the Board of

Elections did you know before that time that he had been

rejected by the Secretary of State?

A. Yes.

Q. Did he ever explain to you why of all the

people that he could call he was calling you for this

position?


21

22

23

24

answer.

A. Well, yeah, he thought I had done a good job

on the Hudson City Council and he thought I was a good

public servant and he thought with my background and

experience it would be a good fit.

Q. You served on the Hudson City Council for

one term?


16

1

2

3

4

5

6

7

12

13

14

15

16

17

18

19

20

21

22

23

24

A. Yes.

Q. That was a four-year term?

A. Yes.

Q. The latter two years of your term you were

the president?

A. Yes.

Q. And you ran for re-election?

A. Yes.

Q. And you were defeated?

A. Yes.


Q. Did you run for re-election as president or

simply as city council member?


A. I ran for ward one city council.

Q. Is it up to the other council members

then -- if you had won re-election it would have been up

to them to vote on the president?


answer.

A. The answer is yes.

Q. Okay. Your daughter also serves on the

Hudson City Council?



17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

answer.

A. Yes.

Q. How many members are there total?

A. Seven.

Q. Do you have any other family relations on

the Hudson City Council besides your daughter?

A. No.

Q. How old is your daughter?

A. Thirty-eight.

Q. And she served -- she came in in the middle

of your term; is that right?

A. Yes.

Q. And she's still serving then?

A. Yes. She may be 39 now.

Q. We won't tell her you got it wrong.

A. Okay.

Q. There was a lawsuit filed by the City of

Hudson that actually involves your residential property,

correct?


answer.

A. Yes.

Q. Specifically there is. an issue about the

waterline which serves your property and also apparently


18

1

2

3

4

5

6

7

8

9

10

11

12

13

an adjoining neighbor's property?


answer.

A. Yes.

Q. Did the Hudson City Council have to vote to

approve that litigation?


answer.

A. No.

Q. Okay. Was that litigation initiated while

you were serving on the Hudson City Council?


answer.

A. Yes.

MR. BECKER: And, Tim, you're welcome to a

continuing objection --

MR. GRENDELL: I'm making each one.

MR. BECKER: -- to the whole line if you'd

1ike.

Q. That piece of litigation was initiated by

the city attorney for Hudson, correct?


answer.

A. Yes.


1

2

3

4

5

6

7

8

13

14

15

16

17

18

19

20

21

22

23

24

19

Q. Did that litigation come before city council

in any way?


answer.

A. Not to my knowledge.

Q. The city attorney or no one else -- go

ahead.

A. I would like you to clarify something. You

mean before it was --

Q. I didn't limit my question. At any time

since it was contemplated filed to the present or at

least while you were on city council did it come to --

A. We need to clarify that. Could you rephrase

it and we'll go back over it?

Q. Sure. At any time while you were serving on

city council did that piece of litigation come to the

attention of city council?

A. Yes.

Q. And what was brought to the council's

attention?

A. Well, first of all, it was published in the

newspaper when it was filed so the public was reading

about it and the city council reads the paper. It was

also discussed in executive session subsequently.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

20

Q. And that was by the attorney for the City of

Hudson and the council?

A. Yes.

Q. And is that attorney somebody who is

employed by the City of Hudson?


answer.

A. Yes.

Q. And let me clarify my question there. It's

not a private counsel who is being paid on an hourly

basis for this work but it's rather a salaried employee

of the City of Hudson?

A. No.

Q. Okay. So no to what?

A. No, he's paid on an hourly basis.

Q. Okay.

A. He's not employed by the city on a salary

basis to my knowledge.

Q. Did city council not have to approve his

engagement?

A. City council does approve his engagement.

Q. Okay. They would have approved that

engagement while you were on city council?



21

1

2

3

4

5

6

answer.

A. To the best of my recollection the city

council did. I believe we did.

Q. Okay.

A. I know we approved something for the Walter

& Haverfield attorneys, whether it was the contract

amount or whether it was approval of Mr. Riehl, I can't

recall.

Q. Okay. Did you participate in that vote?


14

15

16

17

18

19

20

21

22

23

24

answer.

A. To the best of my recollection I did.

Q. Okay. And that vote would have been to

engage this lawyer, this law firm in this piece of

litigation?


A. No.

Q. What was it?

MR. GRENDELL: They hire him on an annual

retainer.

MR. BECKER: Tim, unless you raise your

right hand --

MR. GRENDELL: We're going to get out of

here. We're going to leave in five minutes to take the


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

22

Secretary of State's deposition. That notice was filed.

You filed a dilatory and baseless motion to postpone it

until Monday.

MR. BECKER: Let's go off the record.

MR. GRENDELL: No, keep it on the record. I

don't want this off the record. I want this absolutely

on the record. I've got to defend two, three, frivolous

motions.

MR. BECKER: Can I talk to you outside?

MR. GRENDELL: No, you've got five minutes.

A. The answer that you were given is the

correct answer, yes, we pay him by the hour and he's on

a retainer. That's correct to the best of my knowledge.

Q. Did city council not approve his particular

engagement?

A. What do you mean?

Q. To pursue this piece of litigation?

A. City council typically does not approve

minor litigation. He initiates numerous lawsuits and

city council doesn't get involved in them at all.

Q. Did city council delegate the -- I mean, who

has the authority on behalf of Hudson to initiate a

lawsuit?



23

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

answer.

A. Mr. Riehl does, the city solicitor.

Q. Okay. And is that who initiated this

lawsuit involving your neighbor?


answer.

A. To the best of my knowledge it is.

Q. Okay. And he's a private attorney; he's not

a salaried employee of Hudson?

A. Yes.

Q. Okay. So did city council at some point in

time delegate general authority to him to file lawsuits

on behalf of the city?


answer.

A. Yes.

Q. Is there any litigation that he has to get

city council approval for?


answer.

A. I think he would have to use his judgment on

a major lawsuit because there were only one or two

during the four years I was on council that were brought

before us and there were numerous lawsuits going


24

1

2

3

4

5

6

7

8

13

14

15

16

17

18

19

20

21

22

23

24

constantly so he updates us on a periodic basis as to

the status of the lawsuits.

Q. So is it up to him when he seeks council

approval for litigation?


answer.

A. Apparently, yes, that's to the best of my

knowledge he typically does not seek council approval to

initiate litigation.

Q. Do you understand that initially when that

lawsuit was filed you and your wife were not a party?


answer.

A. Yes.

Q. Do you understand that ultimately the court

decided you and your wife needed to be a party?

MR. GRENDELL: Objection, Go ahead and

answer.

A. Yes.

Q. And is that lawsuit still being prosecuted

by the attorney for the City of Hudson now that you and

your wife are a party?


answer.


1

2

3

4

5

6

7

12

13

14

15

16

17

18

19

20

21

22

23

24

25

A. No.

Q. Okay. Who is handling the lawsuit on behalf

of the City of Hudson?

answer.


A. When?

Q. Well, it's still going on, isn't it?

A. They've dropped it.

Q. The city has dropped the lawsuit?

A. Yes.

Q. Okay. And did that have to go to city

council for approval?

A. My opinion, of course, I don't know the

answer because it was decided in executive session and I

am not no longer on the council.

Q. So it was dropped after you were defeated?

A. Yes.

Q. Okay. Has it been explained to you why the

lawsuit was

answer.

dropped?


A. By whom?

Q. By the city, right?

A. No.


26

1

2

3

4

5

6

7

Q. That's who dropped it, correct?

A. Yes.

Q. Okay.

A. It was in the newspaper why they dropped it.

Q. What did you read in the newspaper about why

they dropped it?


answer.

A. They said it was costing them too much

16

17

18

19

20

21

22

23

24

money.

Q. Did they not have a discussion with you

before it was dropped?


answer.

A. No.

Q. And am I correct that the neighbors who were

sued by the City of Hudson have also now initiated a

lawsuit against the City of Hudson for being sued by it?


answer.

A. That's what I read in the paper, yes.

Q. Okay. Did that also happen after you were

defeated for re-election?



27

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

answer.

A. Yes.

Q. What was your relationship with

Mr. Arshinkoff before he called you and asked you to

serve on the Board of Elections?

A. Well, I've known Mr. Arshinkoff about a year

and a half or thereabouts. He came to my aid in late

'06 when certain people in Hudson attempted to amend the

city's charter under the guise of nepotism to prevent

relatives from serving on council.

He contributed money from his own pocket to

a PAC that was formed to oppose that piece of -- that

initiative and we've been friendly ever since.

Q. Okay. Have you had any other political

dealings with him other than serving on the Executive

Committee?

A. None.

Q. Have you had any business dealings with him?

A. None.

Q. Have you had any personal or social dealings

with him?

A. What do you mean by that?

Q. Do you consider him a friend?

A. Yes.


I

2

3

4

5

6

7

16

17

18

19

20

21

22

23

24

28

Q. Do you go out socially with he or his wife?

A. Yes.

Q. Do you have any other personal interaction

with him?

A. No. We've gone out to dinner a few times.

He's been to my house. I've been to his house. That's

about it.

Q. Do you belong to any other organizations

together other than the Summit County Republican Party?

A. No.

Q. Do you engage in any sports or other

entertainment activities together?

A. We've gone to the movies a couple of times.

Q. What has been your contribution to

Mr. Arshinkoff and/or the Summit County Republican

Party?


answer.

A. Well, I've attended the Lincoln Day dinners,

a couple of those, and I've attended a couple of finance

banquets and sold tickets a couple of times.

Q. When did you start contributing to the

party?



29

1

2

3

4

5

6

answer.

A. You would consider the purchase of the

ticket to the finance committee dinner as?

Q. Sure, just giving money in any -- for any

purpose to --

A. August of '06.

Q. And what would you say you have contributed

to the party since that time?


answer.

A. In the aggregate?

Q. Total.


A. Five or six hundred dollars.

Q. You know a Michael Moran?

A. Yes.

Q. He served on the Hudson City Council with

18

19

20

21

22

23

24

you?

A. Yes.

Q. Did he serve all four years with you?

A. No.

Q. How many years did you serve together?

A. Two.

Q. Your first two or last two?


30

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

A. Last two.

Q. Okay. Do you consider him a political

rival?

A. Yes.

Q. And why?

A. Well, I think he's attempted to undermine

me.

Q. Anything else?

A. Yes, he at one time used some very foul

language when addressing my daughter about something he

thought that I did and he was wrong, But, nonetheless,

I thought vulgar language was inappropriate in that

meeting.

Q. By the way, that charter amendment I think

you said dealing with nepotism focused on the fact that

you and your daughter were serving on the Hudson City

Council together, correct?


answer.

A. No, they said it had nothing to do with my

daughter and me.

Q. What do you think?

MR. GRENDELL: Objection. Not really

relevant, but go ahead and answer.


31

1

2

3

4

5

6

7

12

24

A. I think it was clearly directed at

preventing me from running again.

Q. Okay. How did Mr. Moran attempt to

undermine you?

A. Well, I think he -- an example would be the

waterline issue, he got involved in that with my

neighbor apparently and he was -- he addressed it in the

newspaper.

Q. What facts do you know about in terms of his

involvement with your neighbor?

A. All I know is what I read in the paper.

Q. And what did you read?

A. He thought that this --

MR. GRENDELL: Objection. Go ahead.

A. He thought that this should have -- should

be resolved between the neighbors and the city probably

shouldn't be involved in it.

Q. Okay. Any other way he has attempted to

undermine you?

A. Not that I recall at the moment. However,

during the Issue 38 campaign a number of council members

spoke out against it and he and one other council member

were silent.

Q. I'm sorry, they spoke out against what?


32

1

2

3

4

5

6

7

12

13

14

15

16

17

18

19

20

21

22

23

A. Issue 38.

Q. Oh, okay. Is he of the opposite party, is

he a Democrat?

A. Yes.

Q. Do you believe that he has personal issues

with you or has a personal grudge against you?


answer.

A. That would be my guess.

Q. Okay. Just a guess?

A. But it would be a guess, yes.

Q. All right. Do you have any basis for that

guess?

MR. GRENDELL: Objection. Other than what

he's already answered to.

Q. That's fine. Other than what you've already

said.

A. Not that I can identify at the moment.

Q. Did you participate in the Executive

Committee's vote to initiate this lawsuit in the Supreme

Court?


answer.

24 1 A. Yes.


33

1

2

3

4

5

6

7

12

13

14

15

16

17

18

19

20

21

22

23

24

Q. You didn't abstain from that decision?

A. No.

Q. What's your understanding about how the

costs of this litigation are being handled?


answer if you know.

A. I understand it's being done pro bono and

that the party is picking up out-of-pocket expenses.

That is my understanding. I don't know that to be a

fact.

Q. For the Executive Committee meetings that

you've attended has anybody invoked the Roberts rules of

order?


answer.

A. Not to my recollection.

Q. You don't recall anybody referencing we need

to consult the Roberts rules of order to figure out how

to proceed here?

A. I don't recall that, no.

MR. BECKER: Let me take just a couple

minutes to consult my notes, talk with these folks and

look at some exhibits and then we'll try to get you out

of here shortly.


1

2

3

4

5

6

7

8

9

34

MR. GRENDELL: Do it quickly because I have

13 cross questions to ask him.

(Recess taken.)

MR. BECKER: Connie, with the exception of

you noting the start and end time I have no other

questions.

MR. GRENDELL: I will apologize on the

record, but I was on the Senate floor and I will invoke

the Rule of Superintendency with the Supreme Court that

provides me with priority in that effect. I have a

couple of questions.

EXAMINATION

14

15

16

17

18

19

20

21

22

23

24

By Mr. Grendell:

Q. First of all, Mr. Daley, when Mr. Arshinkoff

first asked if you were interested in serving on the

Summit County Board of Elections what was your response?

A. I thanked him for asking and I told him that

I wanted to talk it over with my wife and I would get

back to him.

Q. Subsequently you got back to him and said

you'd be willing to serve?

A. Yes.

Q. Now, have you ever been contacted by


35

1

2

3

4

5

6

16

17

18

19

20

21

22

23

24

Secretary of State Brunner or a member of her staff to

interview in connection with the potential appointment

to the Summit County Board of Elections?

A. No.

Q. Did she ever call to or any member of her

staff call you to go over that Akron Beacon Journal

article from October 29, 2007, to inquire as to the

accuracy of opinions and statements made in that

editorial?

A. No.

Q. Did she ever call you or any member of her

staff call you to ask or verify any of the statements

made by Mr. Moran in his communications to the Secretary

of State about your appointment?

A. No.

Q. You are aware in the Secretary of State's

letter denying or disapproving your appointment she

cites to Mr. Moran who calls you outspoken, says you try

to intimidate people and basically said that he thought

you were a bully; you're aware of that fact, right?

A. Yes.

Q. Would you consider Mr. Moran's efforts there

to be that of someone who had a grudge against you?

MR. BECKER: Objection.


36

1

2

3

4

5

6

7

8

9

A. Yes.

Q. Probably somebody who didn't like you very

much, huh?

MR. BECKER: Objection including the form of

the question.

A. Yes.

Q. Did you take that language to mean that

Mr. Moran didn't like you very much?

A. Yes.

Q. Did the Secretary of State Brunner or any

member of her staff ever give you any chance to respond

to Mr. Moran's letter?

A. No.

Q. Do you know if she called anybody from the

Summit County Republican Party Executive Committee to

give them a chance to respond or answer questions with

respect to the Akron Beacon Journal October 29, 2007,

editorial or Mr. Moran's letter?

MR. BECKER: Objection. Lack of foundation.

Lack of knowledge.

A. Not to my knowledge.

Q. By the way, did the Secretary of State's

Office or Secretary of State bother to even provide you

with a copy of Mr. Moran's letter?


37

1

2

3

4

5

6

7

8

9

10

11

A. No.

Q. Your daughter was elected to serve on the

City of Hudson City Council by the voters of the City of

Hudson; is that correct?

A. Yes.

Q. And the City of Hudson charter at that time

permitted members of the same family to run for city

council; is that correct?

A. Yes, and it still does.

Q. And you were also elected by the voters of

the City of Hudson to serve on city council; is that

correct?

A. Yes.

Q. And this waterline dispute with your

neighbor when it was filed by the City of Hudson it was

City of Hudson versus your neighbor, you were not a

party to that; is that correct?

A. That's correct.

Q. And would it be best to characterize that

litigation as a neighbor's dispute over a shared

waterline?


the question.

A. No, because there was violations of city


38

1

2

3

4

5

6

7

14

15

16

17

18

19

20

21

22

23

24

ordinances involved.

Q. By whom?

MR. BECKER: Objection.

A. By my neighbor.

Q. When you mentioned about the lawsuit coming

before council in executive session that was after the

lawsuit had been filed by Mr. Riehl; is that correct?

A. Yes.

Q. And that was during one of his updates to

the city council on the status of pending litigation; is

that correct?

A. Yes.

Q. You never actually voted as a member of the

Hudson City Council to authorize the lawsuit, did you?

A. No.

Q. And you were talking about Mr. Riehl's

engagement. Isn't it correct that the City of Hudson

engages Walter & Haverfield and Mr. Riehl on an annual

contract basis?

A. Yes.

Q. And so when you mentioned that you had voted

on retaining his services you meant on the annual law

director's basis not for the specific lawsuit involving

your neighbor; is that correct?


39

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

A. That is correct.

Q. Did Mr. Moran ever call you a liar in a

public meeting?

A. Yes.

Q. Did Mr. Moran bother to send you a copy of

the letter he sent to the Secretary of State attacking

you that was referred to in the Secretary of State's

letter?

A. No.

MR. GRENDELL: I have no other questions.

Thank you.

FURTHER EXAMINATION

By Mr. Becker:

Q. Just a couple of follow-ups there to what

you were asked, Mr. Daley, by Mr. Grendell. And, by the

way, did you discuss your being deposed here today with

Mr. Grendell?


A. Did I discuss my being deposed here today,

you mean before the deposition?

Q. Yes, sir.

A. Yes.

Q. Okay. Did he prepare you for questions you


1

2

3

4

5

6

7

8

9

14

15

16

17

18

19

20

21

22

23

24

40

were likely to get today?

A.

that.

MR. GRENDELL:

In general.

MR. GRENDELL:

THE WITNESS:

MR. GRENDELL:

Objection.

You don't have to answer

I do or don't?

You don't. That's

attorney/client privilege.

A. Attorney/client privilege.

Q. Did you ever retain Mr. Grendell as your

lawyer?

A. Me, no.

Q. You're here under a subpoena, aren't you,

i ?rs

A. Yes.

MR. GRENDELL: Actually, I will let you

answer that. I'm not your counsel. That's correct.

A. Okay.

MR. BECKER: I forgot the question at this

point. Connie, would you go back, p lease?

A.

Q.

(Question read.)

Yes.

Did he also prepare you for questions that

he might ask of you today?


41

1

2

3

4

5

6

7

8

9

10

11

12

13

20

21

22

23

24

A. You mean before this?

Q. Yeah, go ahead.

A. Not before the meeting. He mentioned he had

about 13 or 14 questions and he mentioned one or two of

them when you were out --

Q. Okay.

A. -- of the room.

Q. All right. You were never interviewed by

any members of the Executive Committee of the Republican

Party to determine your qualifications or competency to

sit on the Board of Elections; is that correct?


answer.

A. No, I was not.

Q. Okay. You never asked the Secretary of

State's Office for Mr. Moran's communication with them

or for that matter anything else that they had with

regard to their decision to reject your appointment to

the Board of Elections; is that correct?

A. Not yet.

Q. So it's correct?

A. Yes.

Q. Yes. The dispute involving -- the dispute

that was filed by the City of Hudson involved a shared


1

3

4

5

6

7

8

9

10

11

12

13

14

15

42

waterline or a waterline that was shared by your

residential property and an adjoining neighbor's

property; is that correct?

A. Yes.

Q. The same waterline served both homes?

A. Yes.

Q. And apparently that can't be in Hudson,

Ohio; is that your understanding?

A. Yes.

Q. Okay. With regard to Mr. Moran referring to

you as a liar, what was he referring to?

A. To the best of my recollection it had to do

with the timing of the announcement of the naming of a

park in the middle of the city. I felt that he was

incorrect on something he said and he felt I was

incorrect on something I said and that was the general

context. I can't give you all of the specifics.

Q. Okay. Did he actually call you a liar? Did

he say you're a liar or did he say you're just wrong

about this or you're not telling the truth about this or

what exactly did he say?

A. What he was saying was contradicting what I

said and I said, "Mr. Moran, are you calling me a liar?"

He said, "Yes."


43

1

2

3

4

5

6

7

9

10

11

12

13

14

15

16

24

Q. Okay. So you invited the use of the word

liar and then he agreed to use it?

MR. GRENDELL: Objection to the

characterization of the question.

A. The answer is yes.

Q. Okay. And where were you when this

discussion was taking place?

A. City council meeting.

Q. Okay.

MR. BECKER: Okay. Those are all the

questions I have.

MR. GRENDELL: I've got a couple.

FURTHER EXAMINATION

By Mr. Grendell:

Q. Mr. Daley, I never met you before this

morning; is that correct?

A. No.

Q. I mean today was the first time you and I

met?

A. No.

Q. We met before?

A. Yes.

Q. When did we meet before?


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

44

A. Well, we met in Washington a year or so ago.

Q. As far as with regard to this litigation is

the first time I met you was this morning?

A. Yes.

Q. And the only thing I told you is you had to

answer the questions and please give me time to object,

right?

A. Yes.

Q. And Mr. Becker asked you a question about

your not asking for information. You didn't find out

that the Secretary of State had used the Akron Beacon

Journal October 29, 2007, article and Mike Moran letter

as the basis for disapproving your appointment to the

Board of Elections until she issued her letter on

February 29th, 2008; is that right?

A. That is correct.

Q. And so you didn't have an opportunity to ask

for any information on which she made her decision

before she notified the Summit County Republican Party

Executive Committee that she had already made the

decision disapproving of your appointment; is that

right?


the question.


45

1

2

3

4

5

6

7

8

17

18

19

20

21

22

23

24

A. That is correct.

MR. GRENDELL: Done.

MR. BECKER: I'm not done because it prompts

another question.

FURTHER EXAMINATION

By Mr, Becker:

Q. Mr. Daley, I'm going to hand you -- I'm not

necessarily going to mark this because it is part of the

lawsuit, but do you recognize your signature on that

document?

A. Yes.

Q. And this you also recognize is titled on the

top that this is an affidavit?

A. Yes.

Q. And you understood -- did you understand

that this was going to be used as an exhibit in the

lawsuit filed in the Supreme Court challenging the

Secretary of State's rejection of you to the Summit

County Board of Elections?

A. Yes.

Q. Okay. Did you have any conversations with

Mr. Grendell about the preparation of this exhibit?

A. No.


46

1

2

3

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

Q. Okay. Who prepared this exhibit for you?

A. Mr. Jim Simon.

Q. Okay. And who is Mr. Simon?

A. He's an attorney and he is on the Summit

County finance committee. I believe he's the treasurer

of the central committee.

Q. Okay. Is he an attorney who works for the

Buckingham law firm in Akron?

A. Yes.

Q. And is he also legal counsel to the Summit

County Republican Party?

A. I believe so.

Q. Okay. So he actually wrote this up for you,

he had you read it and then you signed it?

A. Yes.

Q. You didn't actually write this up ahead of

time?

A. No.

Q. Or type it up?

A. No.

Q. This was all prepared just for your

signature?

A. Yes.

MR. BECKER: Okay. I don't think I have any


47

1

2

3

4

5

6

7

12

13

14

15

16

24

other questions.

MR. GRENDELL: I have a question.

FURTHER EXAMINATION

By Mr. Grendell:

Q. Is everything in the affidavit that you

signed true and correct to the best of your knowledge?

A. Yes.

Q. You wouldn't have signed it if it wasn't,

right?

A. I wouldn't have signed if it wasn't. There

will be an amendment to the resume coming forward.

MR. GRENDELL: Thank you. He will not

waive. Thank you.


48

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

A F F I D A V I T

State of ---------- )SS:

County of_____

I, Brian Daley, do hereby certify that I

have read the foregoing transcript of my deposition

given on March 12, 2008; that together with the

correction page(s) attached hereto noting changes in

form or substance, if any, is true and correct.

------------- ----------------Brian Daley

I do hereby certify that the foregoing

transcript of the deposition of Brian Daley, was

submitted to the witness for reading and signing; that

after he had stated to the undersigned Notary Public

that he had read and examined his deposition, he signed

the same in my presence on the -___ day

of---- --- ------- 2008.

---------- --------- --------NOTARY PUBLIC

My commission expires____________________________


49

1

2

3

4

5

6

7

21

22

23

24

on thisg day of Y__) 2008.

C E R T I F I C A T E

State of Ohio) SS:

County of Franklin )

I, Connie M. Willman, Notary Public in and

for the State of Ohio, duly commissioned and qualified

certify that the within named Brian Daley was by me duly

sworn or affirmed to testify to the whole truth in the

cause aforesaid; that the testimony was taken down by me

in stenotypy in the presence of said witness; afterwards

transcribed upon a computer; that the foregoing is a

true and correct transcript of the testimony given by

said witness taken at the time and place in the

foregoing caption specified.

I certify that I am not a relative, employee

or attorney of any of the parties, or financially

interested in the action.

IN'VITNESS WHEREOF, I have hereunto set my

hand and affirmed\}ipy seal of office at Columbus, Ohio,

Connie tWi lman, Notary Public inand fo the State of Ohio andRegis ered Professional Reporter.

My commission expires February 18, 2013.


Date post:	23-May-2020
Category:	Documents
Upload:	others
View:	1 times
Download:	0 times

ON COMPUTERA NC6 L - Moritz College of Law · ON COMPUTERA NC6 Iu lgfje bupreme Court ®f ®rjio...

Documents