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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)rcoglianese@ag.state.oh.usCounsel 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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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the members of the Executive Committee before they voted
to recommend you to the Secretary of State?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
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?
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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?
MR. GRENDELL: Objection. Go ahead and
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.
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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?
MR. GRENDELL: Objection. Go ahead and
answer.
A. That was not stated to me, no.
Q. Did he make any representations about the
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vote and likelihood, that is, if you threw your hat in
the ring that you wouldn't be embarrassed by not being
selected?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
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?
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A. Yes, he did.
Q. And what did he say about her decision?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
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
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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?
MR. GRENDELL: Objection. Go ahead and
answer.
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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.
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Q. Is that usually done before dinner?
MR. GRENDELL: Objection.
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?
MR. GRENDELL: Objection. Go ahead and
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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?
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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.
MR. GRENDELL: Objection.
Q. Did you run for re-election as president or
simply as city council member?
MR. GRENDELL: Objection.
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?
MR. GRENDELL: Objection. Go ahead and
answer.
A. The answer is yes.
Q. Okay. Your daughter also serves on the
Hudson City Council?
MR. GRENDELL: Objection. Go ahead and
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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?
MR. GRENDELL: Objection. Go ahead and
answer.
A. Yes.
Q. Specifically there is. an issue about the
waterline which serves your property and also apparently
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an adjoining neighbor's property?
MR. GRENDELL: Objection. Go ahead and
answer.
A. Yes.
Q. Did the Hudson City Council have to vote to
approve that litigation?
MR. GRENDELL: Objection. Go ahead and
answer.
A. No.
Q. Okay. Was that litigation initiated while
you were serving on the Hudson City Council?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
answer.
A. Yes.
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Q. Did that litigation come before city council
in any way?
MR. GRENDELL: Objection. Go ahead and
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.
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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?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
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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?
MR. GRENDELL: Objection. Go ahead and
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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?
MR. GRENDELL: Objection.
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
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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?
MR. GRENDELL: Objection. Go ahead and
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answer.
A. Mr. Riehl does, the city solicitor.
Q. Okay. And is that who initiated this
lawsuit involving your neighbor?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
answer.
A. Yes.
Q. Is there any litigation that he has to get
city council approval for?
MR. GRENDELL: Objection. Go ahead and
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
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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?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
answer.
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A. No.
Q. Okay. Who is handling the lawsuit on behalf
of the City of Hudson?
answer.
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
A. By whom?
Q. By the city, right?
A. No.
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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?
MR. GRENDELL: Objection. Go ahead and
answer.
A. They said it was costing them too much
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money.
Q. Did they not have a discussion with you
before it was dropped?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
answer.
A. That's what I read in the paper, yes.
Q. Okay. Did that also happen after you were
defeated for re-election?
MR. GRENDELL: Objection. Go ahead and
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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.
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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?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
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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?
MR. GRENDELL: Objection. Go ahead and
answer.
A. In the aggregate?
Q. Total.
MR. GRENDELL: Objection.
A. Five or six hundred dollars.
Q. You know a Michael Moran?
A. Yes.
Q. He served on the Hudson City Council with
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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?
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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?
MR. GRENDELL: Objection. Go ahead and
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.
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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?
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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?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
answer.
24 1 A. Yes.
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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?
MR. GRENDELL: Objection. Go ahead and
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?
MR. GRENDELL: Objection. Go ahead and
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.
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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
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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
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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.
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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?
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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?
MR. BECKER: Objection including the form of
the question.
A. No, because there was violations of city
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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?
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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?
MR. GRENDELL: Objection.
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
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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?
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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?
MR. GRENDELL: Objection. Go ahead and
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
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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."
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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?
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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?
MR. BECKER: Objection including the form of
the question.
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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.
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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
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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.
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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____________________________
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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.
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Recommended