State repeated to East Cleveland in January not to jail ANYBODY in that unhealthy filth

CLEVELAND, OH – American Negroes in the city of East Cleveland should run this filth out of city hall immediately.

Law enforcement officer impersonator Scott Gardner’s conspiracy to obstruct the official business of the municipal corporation of East Cleveland, while unlawfully discharging the duties of a law enforcement officer with no police credentials as a result of two felony “plea deal” convictions, reflects only that no constitutional oversight exists in Ohio.  The Buckeye State under Governor Richard Michael DeWine might as well be a Communist nation in East Europe.

 

There’s a 13-page letter dated January 30, 2020 to Gardner that provides results of the “annual” jail inspection conducted by the Ohio Department of Rehabilitation and Correction.   It’s addressed to Gardner from Patrick Kennedy who identifies his official duties as that of a “jail inspector” for the Bureau of Adult Detention.  His email address is patrick.kennedy@odrc.state.oh.us and his telephone number is 419-277-2631.

The 13-page letter belongs to the “municipal corporation” and not to Gardner or the “chief of police.”  The law enforcement officer impersonator should have forwarded the letter to the mayor and president of the council for inclusion in the city’s “receipts of communications” from an outside governing agency about its official business.  As the city’s former mayor I required all directors to identify every bit of correspondence the city received in a weekly report until letters like this one to Gardner I didn’t get caused me to have all mail distributed from “my” office.  

The official 13-page correspondence Gardner has “acknowledged” receiving in the form of inspection reports should have been placed on council’s agenda and read into the record.  This is the same for every document the city receives in the name of an employee and not any of its officers from the outside governing agencies that interact with it. 

After the document was read into the record, the council president should have assigned the municipal corporation’s official business to the appropriate committee to discuss with the mayor, chief of police, municipal court judge, prosecuting attorney, director of finance and service director.  The municipal corporation’s officials should have been able to discuss the jail inspection letter and even contacted Kennedy to schedule his attendance at a council meeting; and to request all other correspondence and inspection reports Gardner or any other police chief had received without council’s knowledge.

No employee of the city has the legal authority to keep the municipal corporation’s communications away from its “elected officers” even if the correspondence identifies the employee by name.  The elected officers of the municipal corporation, not the individual employee, “directs” the “response” to the outside government agency. 

Kennedy gave the “municipal corporation” 45 days to respond, but there is no evidence of Gardner submitting the “city’s” jail report to the council for a “health and safety committee” discussion or to review the 45 day response.  This single act deprived the city’s elected officers of the “civil rights” of their offices to know and appropriate public funds to manage its affairs.   The state general law is identified in the Revised Code of Ohio as “Intefering with civil rights” pursuant to section 2921.45.

(A) No public servant, under color of his office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.   (B) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.

Not only did the law enforcement officer impersonator obstruct the municipal corporation’s elected officers from knowing and managing its affairs in violation of their civil rights, there’s a page in the report sounding the alarm that he and other private individuals impersonating law enforcement officers “criminally” violated every jailed U.S. citizen’s constitutional rights by “replacing” laws with their “policies.” 

Pursuant to R.C. 737.06 the rules of the police department come from the “safety director” and not the chief of police.  Council should abolish all of the police department’s “rules” through resolution as unauthorized and instruct them to discharge the duties of R.C. 737.11 by obeying and enforcing all federal, state and local criminal laws and regulations as they were written and without exception.

All police rules must conform to the U.S. Constitution, Ohio Constitution, federal and state laws.  Every “rule” East Cleveland police devise seeks to avoid their obedience to laws.  It’s why Gardner, Cardilli and 22 other private individuals with no OPOTA certifications have not “ceased” discharging the duties of law enforcement officers despite laws that instructed ordered them to stop as soon as their credentials expired.  Their now “known” disregard to “all” laws explains also why the jail is  still open.

By concealing the state’s jail inspection report from the city’s elected officers, the law enforcement officer impersonator obstructed the mayor and council’s duty to obey the state’s instructions not to house anybody in the jail.  The January 30, 2020 letter “appears” to “repeat” instructions from the 2018 jail inspection report.

What the January 30, 2020 letter affirmed was that no citizen of this nation for the past three years should have been incarcerated in East Cleveland’s jail when Michael Cardilli before Gardner impersonated the chief of police.  With expired Ohio Peace Officer Training Academy credentials council should have been removed Cardilli from the city’s payroll and every dime he gets and has received with expired OPOTA credentials is theft in office. 

Gardner’s credentials are non-existent as his two felony-to-misdemeanor plea deal convictions prevented him from ever receiving an OPOTA certification again.  He’s had no legal authority to “receive” any communications from a government agency in his name for nearly 10 years.  The same with Cardilli. Gardner had no credentials when he “investigated” Timothy Russell and Malissa Williams’ deaths in November 2012.

Gardner was indicted in Medina County on November 21, 2013 (my birthday) in Medina County and on January 29, 2014 in Cuyahoga County on felony fraud.  Keep the word “fraud” in mind when associating it with Gardner because I refused to promote him after learning he’d written bad checks to city workers he’d hired for his security company.  He was also the president of the Fraternal Order of Police during my administration.

Gardner cut “negotiated plea agreements” for both felonies pursuant to R.C. 2929.43(D).  The heading for the state law is, “Procedure for accepting peace officer’s guilty plea to felony or after conviction; negotiated misdemeanor pleas.”  The net result of the state general law is that the judges in Cuyahoga and Medina county should have forwarded correspondence to the municipal corporation it appears to have been obstructed from receiving if the two judges obeyed the statute.

If pursuant to a negotiated plea agreement between a prosecuting attorney and a defendant who is a peace officer and who is charged with a felony, in which the defendant agrees to enter a plea of guilty to a misdemeanor and to surrender the certificate awarded to the defendant under section 109.77 of the Revised Code, the trial judge issues an order to the defendant to surrender that certificate, the trial judge shall provide to the clerk of the court a written notice of the order, the name and address of the peace officer, the law enforcement agency or other governmental entity that employs the peace officer and its address, the date of the plea, the nature of the misdemeanor to which the peace officer pleaded guilty, and certified copies of court entries in the action. Upon receiving the written notice required by this division, the clerk of the court shall transmit to the employer of the peace officer and to the executive director of the Ohio peace officer training council a report that includes the information contained in the written notice and the certified copies of the court entries in the action.”

What council has to assume is that like Gardner has obstructed the legislative authority from knowing about its jail conditions from the state, he’s done the same in conspiracy with other law enforcement officer impersonators to continue the illusion that he’s credentialed by OPOTA when they’re all not.   What they also have to assume is that like he and Cardilli submitted fraudulent training credentials to the state; any claims he makes are acts of concealing his repeated failure to “cease” discharging the duties of a law enforcement officer.

Cuyahoga County Prosecutor Michael O’Malley indicted Scott Gardner on January 29, 2014 for failing to report over $22,000 in earnings and for failing to collect withholding taxes from security company employees.

Every time Gardner shows up for work he’s obstructing the municipal corporation from employing a legally-authorized law enforcement officer and violating the constitutional rights of the citizens he’s arrested and the law enforcement officer’s he’s “stationed and transferred” pursuant to R.C. 737.06 … unlawfully.

Mariah Crenshaw has confirmed that 24 East Cleveland individuals are impersonating law enforcement officers in East Cleveland; and another 225 or more  throughout the county with no judge bothering to validate their credentials in any court.  No criminal defense attorney has asked for them … either.  No prosecutor with knowledge has delivered the “cease” letters to any defendant as exculpatory evidence.

Armed law enforcement officer impersonator Larry McDonald kidnapped Justyn Anderson off the city’s streets and jailed him in violation of the state’s orders.  McDonald has no credentials to discharge the duties of a law enforcement officer and was instructed by, like Gardner and Cardilli, to cease discharging a law enforcement officer’s duties.  His girlfriend and baby’s mother is the city’s internal affairs officer.  She has no OPOTA credentials and is responsible for investigating the complaints against police identified in the jail inspector’s letter.

Anderson was charged by McDonald with “disorderly conduct” for talking when he was told to stop.  I laid McDonald off as the city’s mayor because he lacked any qualifications for law enforcement.  An American Negro child at Chambers Elementary School told me in front of McDonald that he didn’t like him playing like he was arresting him in front of other children to “scare him straight.”  That shit pissed me the fuck off.

I told McDonald in front of the American Negro child that he’d better not put his hands on another one of my children.  I gave the child my card with instructions to call me if he saw McDonald touch another child.  I told him to talk to his parents to see if they wanted to file a criminal complaint against him.

McDonald lacks the mental capacity for law enforcement … period.  How the fuck Frank Jackson and University Circle hired him reflects only their incompetence in evaluating the cops they’re putting on the streets. I expect nothing less from King than the ignorance he’s promoted as a lying-azzed resident of Richmond Heights.  Council should investigate his residency in a public hearing and put his azz out in the next 60 days; and then prosecute him and get back all the money. 

Justyn Anderson was kidnapped by armed law enforcement officer impersonating Larry McDonald and jailed in a facility the state ordered the city to house anyone in that contains black mold, asbestos, dust mite filled air ducts and other deadly pathogens that also affects the health of city workers during their shifts.

McDonald wasn’t literate enough to write a competent incident report because he couldn’t comprehend the full constitutional concept of “probable cause.”  He’s nothing more than an armed kidnapper impersonating a law enforcement officer.  I assigned McDonald to walk around the city inspecting certificates of business occupancy.  It was a simple task for his simple mind.  Then I laid him off. 

McDonald’s kidnapping of Anderson is a federal crime so I contacted the FBI at 216-522-1400 and spoke to two Special Agents.  A copy of this story is being forwarded to the agent I spoke with to further illustrate the linkages between the acts of the individuals as they pertain to violations of 18 U.S.C. 241 and 242.  What I explained to the agents is pursuant to 18 U.S.C. 4, misprision of felony, that I have knowledge of federal crimes.

John Kasich, when he served as Ohio’s governor, showed a complete inability to control highway beat cops and clean up the inaccuracies in the state’s NCIC and LEADS criminal records history databases. Troopers who want to be real cops, instead of performing patrol duties the state’s lawmakers created for them, have mismanaged the databases so poorly half the Ohioans with information stored on them is inaccurate. The troopers are using the inaccurate NCIC and LEADS databases “unlawfully” to establish probable cause as the reason for high sped chases. Federal law requires “hits” to be confirmed with the “originating agency” before any action is taken.

The additional federal law violations I explained are the misuses of the National Crime Information Center (NCIC) database by individuals impersonating law enforcement officers without OPOTA credentials.  The FBI NCIC 2000 Manual I know these criminals haven’t read instructs under the heading “Data and probable cause” that “an NCIC hit alone is not probable cause to arrest.”  So every time a law enforcement officer conducts a license plate search and uses the information to establish “probable cause” that leads to an arrest violates “federal” laws.

The information the federal government stores behind the publicly-displayed license plate number is privacy protected under the 1974 Privacy Act and also by the federal laws Congress enacted in 1965 authorizing the FBI to use the database J. Edgar Hoover hadn’t ever received authorization from Congress to implement in 1918. 

The Government Accounting Office in 2015 advised Congress that information on half the citizens stored in the database is inaccurate.  The FBI’s NCIC 2000 Manual clearly instructs officers on the streets to take no action unless the hit returns in one of seven “serious” categories that do not include expired license plates and court warrants.   

The Superintendent of the Ohio Highway Patrol instructs troopers to use it during a stop in compatibility with a state law telling officers on the street to use it for their protection only.  It  means that if a cop stops a person for a moving traffic or other violation, they can access the database for their protection on the street before they approach the vehicle. 

The hit is “alone” not probable cause to arrest and must be “confirmed with the originating agency.”  That confirmation requires the police officer to check with the law enforcement agency that entered the information to learn if its still valid.  If there is no confirmation there can be no action taken on the NCIC hit as it is “alone not probable cause to arrest.”  It invalidates all warrantless pursuits or what reporters call high speed chases.

Gardner and Cardilli have entered agreements with the Ohio Highway Patrol to use the “federal government’s” criminal records history databases under federal laws, regulations and policies.  All of this is identified in the “participation agreement” Gardner, Cardilli and even Cleveland chief of police Calvin Williams conceal from their legislative authorities.  All the agreements are being signed, unlawfully, by chiefs of police when they’re supposed to be discussed in council committees and codified through ordinances and resolutions.

“Where’s his wife?” is the only question the pictures Laura Smith shared of her and Judge Will Dawson on her Facebook page begs to be answered. Maybe she’s holding the camera.

No chief of police has “contract signing authority” that binds a “municipal corporation,”  Only the mayor, as the chief law enforcement officer, is authorized to sign the participation agreement.  In “statutory” municipal corporations and others the public safety director is the authorized contract signer.  Further obstruction of the civil rights of elected offices and obstruction of the municipal corporation’s official business to ensure that its employees obey its contracts. 

The letter to the “chief of police” should have been addressed from the state to the mayor and president of the legislative authority.  The mayor and council should have delivered the correspondence to the chief of police with instructions for a report after their own personal inspections of the municipal corporation’s property.

What East Cleveland council should now do is take control of all the city’s mail and assign the “clerk of council” to deliver “copies” of the correspondence to the mayor to deliver to his employees; and then enter it into the agenda as a “receipt of communication” for discussion in the appropriate committees.  All the city’s “property” is under the “legislative authority’s” control and the municipal corporation’s mail is its property. 

Council should, through its clerk, order all city mail in any East Cleveland employee or board member’s possession to be delivered immediately to the legislative authority: the same with all contracts and bids.  Council also has rights to view the email correspondence between the city’s employees and outside government agencies to learn how they municipal corporation’s business is being responded to by them. The email are also the municipal corporation’s property and should be discussed in committees.

What’s apparent in the jail inspector’s letters is that Judge Will Dawson has been complicit in keeping the jail open by not ordering it closed.  There’d be no need for the state’s inspection letter if Dawson paid any attention to the jail and cared about the people he’s trying to “cycle break” instead of protect their constitutional rights and health.  Wayne.  Come on … man.  This is East Cleveland.  It’s our people.  This is your little brother doing this shit to our people with these criminal azzed law enforcement officer impersonators.  Shaw High is “us.” We were supposed to do better for “ours” and not worse.

Contract lawyer Willa Hemmons was never administered an oath of office or posted a bond to perform the separate duties of director of law and chief prosecuting attorney as an “officer” of the municipal corporation of East Cleveland. The office was automatically vacated when the oath wasn’t delivered to the city’s clerk of council, so Hemmons since January 8, 2015 was disqualified from performing the duties of the law director and chief prosecuting attorney.

The other problem for me, Will, is in allowing cops you and Heather McCollough know have no OPOTA credentials to continue to commit crimes against American Negroes.  R.C. 737.11 instructs municipal law enforcement officers not to disobey any “federal, state and local criminal” laws and the language leave no exceptions.  McDonald was identified in Anderson’s R.C. 2935.09 and 2935.10 complaint to you, Will, the complaint you conveniently lost after your girlfriend robbed the court of $17,000.

Council can end the “uncertified” lunacy by instructing the director of finance to contact the Ohio Attorney General’s office to identify every individual operating in violation of the “cease” order.   Council can instruct the director of finance through a resolution not to pay any public employee discharging the duties of an office without an oath of office, bond of office, credentials filed and updated on time with the clerk of council.  The same with any  individual operating with any contract that has not been authorized by council.

The council can then through resolution instruct the director of law, who is also the municipal corporation’s chief prosecuting attorney, to proceed to investigate the appropriate criminal charges to be filed against any public employee discharging the duties of the office and receiving pay without an oath, bond of office, credentials filed and updated on time with the clerk of council; and the same for any individual receiving public funds without a contract. 

There’s a 1918 Supreme Court of the U.S. case captioned Frisbie Co. v. East Cleveland that is quite clear in its instructions that contractors have a duty to ensure the government officials obeyed the law when they received a contract.  It’s how Frisbie built the water lines along Doan and Hayden and council didn’t have to pay.  The concept of “ultra vires” in government means that if an act ain’t legal it’s wiped out.

McDonald had no authority to arrest.  East Cleveland had no authority to jail.  McCollough, with no oath of office, has no legal authority to present charges against any American citizen in the city’s court.  Her oath is not filed with the clerk of council pursuant to R.C. 705.28.  The same applies to Willa Hemmons as the “contract” director of law.

The truth facing Korean Stevenson, Juanita Gowdy and Nathaniel Martin as the new council leadership is that at no time has the municipal corporation of East Cleveland presented “oath sworn” officials to other government agencies to conduct its official business as it pertains to law enforcement and criminal justice. 

Ohio law required Hemmons to appoint McCollough as her assistant prosecutor.  Without an oath Hemmons could not discharge that duty so McCollough, with no oath and bond filed with the clerk of council, is discharging the prosecutor’s duties from a vacant office.  She lacks the authority to have even held discussions with the other law enforcement officer impersonators on the city’s payroll.

The letter Gardner concealed from the city’s legislative authority is only the tip of the iceberg of complex concealments he and the other law enforcement officer impersonators have engaged in while enriching themselves.  Council gets no monthly report of the seized assets forfeiture the law enforcement officer impersonators engage in where they’re taking cars, drugs and cash from the people they arrest.

24 individuals are or have been impersonating law enforcement officers in East Cleveland.   The letter to Gardner and the violations of constitutional rights it contains are evidence of federal felony against citizens of the United States of America.  Council should demand to know what’s been happening to all the “bond” money 

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