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 .

, ... _.).

24.

25.

26 .

27.

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

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

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

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

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.

benefit to the City and its taxpayers.

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

community, or for purposes or hmassmcnt, agitation, embarrassment or economic gain.

14) 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) Councilman \.Villiam C. Brownlee has engaged in outbursts and rage, in public meetings or the Maple Heights City Council causing sai

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

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 or the City's business and the legislative process.

33) 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 Me~tings Act c) render judgment in favor 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

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