Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693
0G418 - Y60
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
MICHAEL ISREAL CASE NO. 22-CV-005693
Plaintiff, JUDGE DAVID C. YOUNG
“V8 MEMORANDUM CONTRA OF
DEFENDANTS ANTHONY RELLY
ANTHONY KELLY, et al AND A PLUS ARTS ACADEMY TOG
PLAINTIFF MICHAEL ISREAL’S
Defendants. MOTION FOR RECONSIDERATION
FILED ON MAY 23, 2023
EXHIBITS
Respectfully submitted,
és Thomas C. Holmes
Thomas C. Holmes (0073794)
Holmes Legal Services, LLC
34194 Aurora Road, Suite 295
Solon, Ohio 44139
Telephone: (216) 401-8123
Email: tcholmes@holmeslegalservices.com
Attorney for Defendants Anthony Kelly
and A Plus Aris Academy
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693
06418 - Y6
Thomas Holmes
From: Thomas Holmes
Sent: Monday, May 15, 2023 6:39 PM
Yo: Michael isreal
Subject: Request for Meeting Minutes
Mr. tsreal,
During our telephone conversation on Friday, May 12, 2023, you requested a copy of the minutes from the A+ Arts
Academy Governing Authority meeting held on April 18, 2023. However, as | explained to you, such minutes are not
officially created until they are formally approved by the Govert g Authority at its next meeting. See, R.C. 3313.26;
41962 OAG No. 465.
The Governing Authority’s next meeting is on Tuesday, May 16, 2023 {tomorrow} at 5:30 pm at the Academy’s Fair
Avenue campus, which is located at 1395 Fair Avenue, Columbus, Ohio 43205, The Governing Authority plans on
formally approving the minutes of its meeting on April 18, 2023. Once these minutes are formally approved, | will ernall
them te you per your request.
- Tom
Thomas C. Holmes, Esq.
President and Managing Partner
By Mobil 246-401-8125
s a Email:
S 5,
34134 Auror ad, Suite 295, Soto Ohio 484339
we imestegaiserviees.com
NOTICE OF ATTORNEY/CLIENT PRIVILEGE
This e- -mail transmission contains confidential information and is solely for the use of the individual or entity identified above as the recipient. ffyou are
not the intended recipient, you are hereby notified thai any dissemination, distribution, use, or copying és e-mail transmission is strictly prohibited if
you received this transmission in error, please immediately notify us by telephone and delete the tr ansmission, Thank you.
EXHIEIT
A
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693
06418 - Y6
Jillian Thomton
From: Jillian Thornton
Sent: Friday, May 12, 2023 11:36 AM
To: Michael tsreal
Subject: RE: Public information Request from Michael Isreal. | am requesting a copy of the school board May
10, 2023 minuets. | can pick the records up where ever they are stored. Michael Isreal.
614-657-3139
Ms. Isreal,
Please advise which school you are requesting information for?
Thank you,
Jitian
dilian Thornton MBA, MSL
Vice President of Compliance
4145 5. Main Street, Akron, Ohio 44304
Cell 735-778-2264 | Fax 888-654-055
HNian@edempowerment.com | www.edempowerment.com
‘Original Message: a
From: Michael isreal
Sent riday, May 12, 2023 11:33 AM
Tord jan Thornton
Subj ‘t; Public information Request from ae} Isreal. Lam requesting a copy of the school board May 10, 2023
minuets. | can pick the records up where ever they are stored, Michael Isreal. §14-657-3139
Sent from my iPhone
EXHIBIT
ee
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693
0G418 - Y6
HOLMES
48 LEGAL SERVICES, LLC
s3ae,
aN :
Thomas C. Holmes, Esq.
President & Managing Parmer
tcholmes@holmeslegalservices.comt
Direct Di 216-403-8123
May 24, 2023
VIA ELECTRONIC MAIL
Mr. Michael Isreal
P.O. Box 10694
Columbus, Ohio 43201
Email: michaelisreal62@gmail.com
Re: Response to Public Records Requests
Dear Mr, Isre
This letter is in response to the owing public records requests that you made for A+ Arts
Academy ( Academy”) records:
During your telephone convers: with me on May 12, 2023, you requested: (1) the
minutes of the A+ Arts Academy Governing Authority (“Governing Authority”) meeting
held on Ap: 2023; and Gi} 1} Academy’s revised Expenditure of Funds Policy as
re. nced by former Academy Fis: cal Officer Joel McCloskey during his deposition on
20, 2023,
Ta your email to Educational Empowerment Group (“EEG”) Vice President of Compliance
dillian Thornton dated May 12, 2023, you requested “the school board May 10, 2023
minuets fsic].”
During your elephone conversation with Ms. Thornton on May i 6, 2023, you reques' a:
@ all Governing Authority meeting minutes which reference discussions about the pending
lawsuit that you filed against the Academy; (ii) the name(s) of th dividual(s) who created
the “Project Playground” webpage on the Academy’s website; ( ii) the Academy’s revised
Expenditure of Funds Policy as referenced by former Academy Fiscal Officer Joel
McCloskey during his deposition on April 20, 2023; and (iv) all Academy policies
pertaining to expenditures and funding of emergencies that have been revised since EEG
began managing the Academy.
cae
EXNISIT
CC
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693
06418 - Y64
Mr, Michael Isreal
May 24, 2023
\
SS Page 2
Tn accordance with R.C. 149.43(B)\(1), the Academy’s response to your public records requests is
as follows:
Enclosed please fin copy of the Academy’s revised Expenditure of Funds Policy adopted
by the Governing Authority at its meeting in July 2021 as referenced by former Academy
Fiseal Officer Joel McCloskey during his deposition on April 20, 2023.
As I informed you during our telephone conference today, I will provide you with a copy
of the minutes of the Governing Authority meeting held on April 18, 2023 as soon as they
are signed by the Governing Authority President and Treasurer. Pursuant to RC. 13.26,
the minutes shall be read at its next succeeding meeting, c rected and approved” and
]fter such approval, the president shail sign the record and the treasurer shall attest to
the accuracy of the information contained in the record.” As you are aware, the Governing
Authority formally approved the April 18, 2023 meeting minutes at its meeting held on
May 16, 2023. However, such minutes have yet to be signed by the Governing Authority
President and Treasurer.
he Governing Aut ority did not hold a meeting on May 10, 2023, and thus the Academy
does not possess y “school board May 10, 2023 minuets /si
None of the minutes of the Governing Authority meeti 8 held since you filed your lawsuli
ainst the Academy contain any references to discussions about such lawsuit, and thus the
Academy does not possess any Governing Authority mecting minutes which reference
discussions about the pending lawsuit that you filed against the Academy.
No Avademy policies have been revised since F G began managing the Academy. and
thus the Academy does not po: w ess any policies pertaining to expenditures and funding of
emergencies that have been revised since EEG began managing the Academy.
The Academy does not possess a record containing the name(s) of the individual(s) who
ereated the “Project Playgroun ebpage on the Academy’s website. Itis w stablished
t the Academy is not legally required to creaie a new record containing requested
L ‘ormation if it does not currently possess a record containing such information. See,
State ex rel. Fant v. Mengel, 62 Ohio St.3d 455 (1992); State ex rel. Sun Newspapei
Westlake Board of Education, 76 Ohio App.3d 170 (1991).
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693
0G418 - Y6
i
Mr. Michael Isreal
May 24, 2023
ath
SS Page 3
Please do not hesitate to contact me should you have any questions regarding this matter.
Ve tral yours.
Thomas C. Holmes
Enclosures
cet Mr. . Paul Curry, Governing Authority President
Mr. . Reggie Edwards, Governing Authority Vice President
Mr. . Richard Davis, Principal
Ms . Jillian Thornton, Vice President of Comp! Ace
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693
0G418 - Y6é
HOLMES
48)
ae LEGAL SERVI Si
Thomas C. Helmes, Esq.
President & M gz Partner
tcholmes@holmesleg: mm
Direct Dial: 216-401-8123
May 25, 2023
VEA ELECTRONIC MAIL
My, Michael Isreal
P.O. Box 10694
Col nbus, Ohio 43261
Emai michaclisreal62@gmail.com
Re Supplemental Response to Public Records Requests
Dear Mr. Isreal:
This letter supplements the letter that | sent to _you on May 24, 2023 and is in response to the p
records request that yon made for the minutes of the A+ Arts Academy Go ering Authorit
meeting held on April 18, 2023. In accordance with R.C, 149.43(B)(1), a copy of said minutes is
enclosed herein.
Please do not hesitate to contact me should you have any questions regarding this matter.
vi truly yours,
Thomas C. Holmes
Enclosures
ce: Mr. . Paul Curry, Governing Authority President
Mr. . Reggie Edwards, Governing Authority Vice President
Mr, . Richard Davis, Principal
Ms. . Jillian Thornton, Vice President of Compliance
see
HIST
vy
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693 0G418 - Y60 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO MICHAEL ISREAL CASE NO. 22-CV-005693 Plaintiff, JUDGE DAVID C. YOUNG “V8 MEMORANDUM CONTRA OF DEFENDANTS ANTHONY RELLY ANTHONY KELLY, et al AND A PLUS ARTS ACADEMY TOG PLAINTIFF MICHAEL ISREAL’S Defendants. MOTION FOR RECONSIDERATION FILED ON MAY 23, 2023 EXHIBITS Respectfully submitted, és Thomas C. Holmes Thomas C. Holmes (0073794) Holmes Legal Services, LLC 34194 Aurora Road, Suite 295 Solon, Ohio 44139 Telephone: (216) 401-8123 Email: tcholmes@holmeslegalservices.com Attorney for Defendants Anthony Kelly and A Plus Aris Academy Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693 06418 - Y6 Thomas Holmes From: Thomas Holmes Sent: Monday, May 15, 2023 6:39 PM Yo: Michael isreal Subject: Request for Meeting Minutes Mr. tsreal, During our telephone conversation on Friday, May 12, 2023, you requested a copy of the minutes from the A+ Arts Academy Governing Authority meeting held on April 18, 2023. However, as | explained to you, such minutes are not officially created until they are formally approved by the Govert g Authority at its next meeting. See, R.C. 3313.26; 41962 OAG No. 465. The Governing Authority’s next meeting is on Tuesday, May 16, 2023 {tomorrow} at 5:30 pm at the Academy’s Fair Avenue campus, which is located at 1395 Fair Avenue, Columbus, Ohio 43205, The Governing Authority plans on formally approving the minutes of its meeting on April 18, 2023. Once these minutes are formally approved, | will ernall them te you per your request. - Tom Thomas C. Holmes, Esq. President and Managing Partner By Mobil 246-401-8125 s a Email: S 5, 34134 Auror ad, Suite 295, Soto Ohio 484339 we imestegaiserviees.com NOTICE OF ATTORNEY/CLIENT PRIVILEGE This e- -mail transmission contains confidential information and is solely for the use of the individual or entity identified above as the recipient. ffyou are not the intended recipient, you are hereby notified thai any dissemination, distribution, use, or copying és e-mail transmission is strictly prohibited if you received this transmission in error, please immediately notify us by telephone and delete the tr ansmission, Thank you. EXHIEIT A Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693 06418 - Y6 Jillian Thomton From: Jillian Thornton Sent: Friday, May 12, 2023 11:36 AM To: Michael tsreal Subject: RE: Public information Request from Michael Isreal. | am requesting a copy of the school board May 10, 2023 minuets. | can pick the records up where ever they are stored. Michael Isreal. 614-657-3139 Ms. Isreal, Please advise which school you are requesting information for? Thank you, Jitian dilian Thornton MBA, MSL Vice President of Compliance 4145 5. Main Street, Akron, Ohio 44304 Cell 735-778-2264 | Fax 888-654-055 HNian@edempowerment.com | www.edempowerment.com ‘Original Message: a From: Michael isreal Sent riday, May 12, 2023 11:33 AM Tord jan Thornton Subj ‘t; Public information Request from ae} Isreal. Lam requesting a copy of the school board May 10, 2023 minuets. | can pick the records up where ever they are stored, Michael Isreal. §14-657-3139 Sent from my iPhone EXHIBIT ee Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693 0G418 - Y6 HOLMES 48 LEGAL SERVICES, LLC s3ae, aN : Thomas C. Holmes, Esq. President & Managing Parmer tcholmes@holmeslegalservices.comt Direct Di 216-403-8123 May 24, 2023 VIA ELECTRONIC MAIL Mr. Michael Isreal P.O. Box 10694 Columbus, Ohio 43201 Email: michaelisreal62@gmail.com Re: Response to Public Records Requests Dear Mr, Isre This letter is in response to the owing public records requests that you made for A+ Arts Academy ( Academy”) records: During your telephone convers: with me on May 12, 2023, you requested: (1) the minutes of the A+ Arts Academy Governing Authority (“Governing Authority”) meeting held on Ap: 2023; and Gi} 1} Academy’s revised Expenditure of Funds Policy as re. nced by former Academy Fis: cal Officer Joel McCloskey during his deposition on 20, 2023, Ta your email to Educational Empowerment Group (“EEG”) Vice President of Compliance dillian Thornton dated May 12, 2023, you requested “the school board May 10, 2023 minuets fsic].” During your elephone conversation with Ms. Thornton on May i 6, 2023, you reques' a: @ all Governing Authority meeting minutes which reference discussions about the pending lawsuit that you filed against the Academy; (ii) the name(s) of th dividual(s) who created the “Project Playground” webpage on the Academy’s website; ( ii) the Academy’s revised Expenditure of Funds Policy as referenced by former Academy Fiscal Officer Joel McCloskey during his deposition on April 20, 2023; and (iv) all Academy policies pertaining to expenditures and funding of emergencies that have been revised since EEG began managing the Academy. cae EXNISIT CC Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693 06418 - Y64 Mr, Michael Isreal May 24, 2023 \ SS Page 2 Tn accordance with R.C. 149.43(B)\(1), the Academy’s response to your public records requests is as follows: Enclosed please fin copy of the Academy’s revised Expenditure of Funds Policy adopted by the Governing Authority at its meeting in July 2021 as referenced by former Academy Fiseal Officer Joel McCloskey during his deposition on April 20, 2023. As I informed you during our telephone conference today, I will provide you with a copy of the minutes of the Governing Authority meeting held on April 18, 2023 as soon as they are signed by the Governing Authority President and Treasurer. Pursuant to RC. 13.26, the minutes shall be read at its next succeeding meeting, c rected and approved” and ]fter such approval, the president shail sign the record and the treasurer shall attest to the accuracy of the information contained in the record.” As you are aware, the Governing Authority formally approved the April 18, 2023 meeting minutes at its meeting held on May 16, 2023. However, such minutes have yet to be signed by the Governing Authority President and Treasurer. he Governing Aut ority did not hold a meeting on May 10, 2023, and thus the Academy does not possess y “school board May 10, 2023 minuets /si None of the minutes of the Governing Authority meeti 8 held since you filed your lawsuli ainst the Academy contain any references to discussions about such lawsuit, and thus the Academy does not possess any Governing Authority mecting minutes which reference discussions about the pending lawsuit that you filed against the Academy. No Avademy policies have been revised since F G began managing the Academy. and thus the Academy does not po: w ess any policies pertaining to expenditures and funding of emergencies that have been revised since EEG began managing the Academy. The Academy does not possess a record containing the name(s) of the individual(s) who ereated the “Project Playgroun ebpage on the Academy’s website. Itis w stablished t the Academy is not legally required to creaie a new record containing requested L ‘ormation if it does not currently possess a record containing such information. See, State ex rel. Fant v. Mengel, 62 Ohio St.3d 455 (1992); State ex rel. Sun Newspapei Westlake Board of Education, 76 Ohio App.3d 170 (1991). Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693 0G418 - Y6 i Mr. Michael Isreal May 24, 2023 ath SS Page 3 Please do not hesitate to contact me should you have any questions regarding this matter. Ve tral yours. Thomas C. Holmes Enclosures cet Mr. . Paul Curry, Governing Authority President Mr. . Reggie Edwards, Governing Authority Vice President Mr. . Richard Davis, Principal Ms . Jillian Thornton, Vice President of Comp! Ace Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 07 3:05 PM-22CV005693 0G418 - Y6é HOLMES 48) ae LEGAL SERVI Si Thomas C. Helmes, Esq. President & M gz Partner tcholmes@holmesleg: mm Direct Dial: 216-401-8123 May 25, 2023 VEA ELECTRONIC MAIL My, Michael Isreal P.O. Box 10694 Col nbus, Ohio 43261 Emai michaclisreal62@gmail.com Re Supplemental Response to Public Records Requests Dear Mr. Isreal: This letter supplements the letter that | sent to _you on May 24, 2023 and is in response to the p records request that yon made for the minutes of the A+ Arts Academy Go ering Authorit meeting held on April 18, 2023. In accordance with R.C, 149.43(B)(1), a copy of said minutes is enclosed herein. Please do not hesitate to contact me should you have any questions regarding this matter. vi truly yours, Thomas C. Holmes Enclosures ce: Mr. . Paul Curry, Governing Authority President Mr. . Reggie Edwards, Governing Authority Vice President Mr, . Richard Davis, Principal Ms. . Jillian Thornton, Vice President of Compliance see HIST vy