Court says Springvale records are confidential
By Jeff Gallatin
North Olmsted
Published Jan. 12, 2005

City officials and Mayor Norman T. Musial still disagree over the documents sought by the mayor on the Springvale ethics investigation even though a court ruling has been made on the matter saying the records are confidential law enforcement records.

After the 8th District Court of Appeals released its ruling on the case Friday, Law Director Jim Dubelko called the ruling "a victory for the city" while Musial said the decision was "split right down the middle."

Musial filed the legal writ in February 2004 against the city and several administrative officials, seeking an order from the court which would require the city to release to him in his position as mayor and as a private citizen all of the records of the 2002 North Olmsted City Police investigation. The investigation looked into allegations that Musial and his then administrative assistant Mary Creadon had used their positions with the city to obtain favorable pricing for events at the Springvale Ballroom, which is operated by the city. After a several-month investigation, the Grand Jury returned a no bill, meaning it voted not to file any criminal charges against Musial or Creadon.

Later, the North Olmsted Municipal Ethics Commission later voted that no probable cause existed to charge Musial with any ethics violations in the matter. It did vote that cause existed to charge Creadon, but chose not to because she had left her last position with the city several months previously.

Dubelko has maintained throughout the course of the case that the police department records should remain confidential because no one was arrested or charged in connection with the investigation.

"The decision preserved the city's right to maintain confidentiality in North Olmsted Police Department criminal investigations where no suspect had ever been arrested or charged with a crime," Dubelko said in a press release.

"It's important for the city to defend the confidentiality of law enforcement records in the city's police department because, absent maintaining such confidentiality, the North Olmsted Police would in the future be hampered in renewing old criminal investigations where new evidence of the crime later came to light."

Dubelko also said preserving the confidentiality of such investigatory records protects the privacy rights of citizens who may have been investigated by the police in connection with an incident, but never formally charged with a crime due to lack of probable cause evidence.

However, Musial and his attorney Gary Ebert both said the decision gave them some of what the mayor sought.

"It was a split, with the court ordering the release of some documents we sought while it also ruled that some documents the city withheld, instead should have been released with some information redacted (deletions of certain personal information) and others released had too much information redacted," Ebert said.

"We were able to obtain some information and documents which we felt we should have access to." Musial said.

In the ruling, court officials said in the ruling the documents are confidential law enforcement records.

"The evidence indicates that although the matter was presented to the Cuyahoga County grand jury, the relator was not indicted and therefore not charged. Additionally, the documents also contain the names of other individuals who were also not charged. Release of the documents would not only subject Musial to adverse publicity, but those persons as well," the ruling said.

Ebert said he would be reviewing the documents pertaining to the redacted information cited by the court. He also said the Municipal Ethics Comission investigation was not addressed to his satisfaction.

"We will be filing a motion seeking clarification on that," Ebert said.

Dubelko said he believed the court denying Musial's demand that the city pay the legal fees was proper.

"The city was acting in good faith and had a reasonable, legal basis for refusing to release the records," Dubelko said.

After reviewing the documents during the case, the court said it was ordering them resealed.

"In order to preserve the confidentiality of the submitted documents until all appeals are exhausted or until the parties agree to end the litigation, this court will again reseal the submitted records," the ruling said. It added that the court would prepare a set of records that were originally withheld but would now be released with redactions, and include them under seal with the original set of records.

Either party has 45 days to appeal the ruling to the Ohio Supreme Court. Dubelko said he would not recommend that the city appeal. Musial and Ebert said they would be discussing the matter prior to making a decision about the appeal.

Councilman-at-large Michael Gareau Jr. said its time for everybody to move on.

"I'm glad we have a ruling, and I really think everybody should be moving on because we have much more important issues to consider in the city," Gareau said. "I really think we should have moved on a year or year-and-a-half ago."