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Principals Christopher P. Finney, Esq. JeffreyG. Stagnaro, Esq.f Peter A. Saba, Esq.*t Paul T. Saba, Esq. * William J.

Patterson, Esq. IsaacT. Heintz, Esq. Sean P.Donovan,Esq.*

* Also admitted in Kentucky
f Also admitted in Florida


Office Locations

SharonJ. Sobers,Esq.A James K. Keller, Esq. Patrick R. Veith,Esq. * Jeffrey M. Nye, Esq. # Tricia G. Tomich, Esq. BradleyM. Gibson, Esq. Megan K. Meyer, Esq.
Of Counsel

Hyde Park
2623 Erie Avenue Cincinnati OH 45208 Anderson 7373 Beechmont Avenue Suite 100 Cincinnati OH 45230

TerrenceM. Veith,Esq.'

* Also admitted in Michigan

* Also admitted in Indiana

(513)533-2700 (513)533-2999 fax


A Certified Labor & Employment Law Specialist



John Curp, Esq. City Solicitor

City of Cincinnati
801 Plum Street, Suite 214
Cincinnati. Ohio 45202


Request for Initiation of Civil Action on Behalf of Municipal Corporation

Mr. Curp: Pursuant to Sections 733.56 to 733.61 of the Ohio Revised Code, as well as the common law, I

hereby request, on behalf of my clients Mark Miller and Thomas E. Brinkman, Jr., that you, as City
Solicitor for the City of Cincinnati, make application, in the name of the municipal corporation, to a court of competent jurisdiction for an order of injunction to restrain the misapplication of corporate
funds, as well as to recover funds already illegally expended.

This demand arises from the payment by the City of Cincinnati for the travel and lodging

expenses of Councilmember Christopher Seelbach and two of his staff members (and, as developed
below, for other individuals, too). On or about May 21, 2013, Mr. Seelbach and his staff members

(Shirley Dunhan and Jon Harmon) traveled to Washington. DC, in order attend a recognition ceremony
held at the Eisenhower Executive Office Building for the Harvey Milk Champions of Change. As described on the White House's website (www.whitehouse.gov /blog/2013/04/08/announcing-harvey-

milk-champions-change), "the White House Champions of Change Program regularly spotlights ordinary citizens who are doing extraordinary things for to their community, their country, and their
fellow citizens." And the Harvey Milk Champions of Change is described as simply seeking to honor **a

small group of LGBT state and local elected and appointed officials who have demonstrated a strong commitment to both equality and public service." Thus, such recognition is a personal recognition to
such individuals. Mr. Seelbach was selected as one of ten individuals to receive such recognition this past May.

Despite the personal nature of the recognition, Mr. Seelbach and his staff members utilized City funds to pay for their transportation and lodging so as to attend the recognition ceremony. Specifically,
Mr. Seelbach arranged for the total expenditure of $1,218.59 in City funds for such activities. But such expenditure of taxpayer funds in this instance is clearly illegal for multiple reasons.

Firstly, Section 101-33 of the Municipal Code provides, in pertinent part (with emphasis added):
Annually there may be appropriated, as part of the budget, for all members of council a sum to a travel expense code to be used only for travel related to the conduct of city