IB | MANSOURGAVIN |i Anthony J. Coyne Dirt: 218.453.5810 ‘acoyne@mggmipa com November 21, 2014 Michael Lograsso, Law Director City of South Euclid 1349 South Green Road South Euclid, Ohio 44121 Re: _ Hiring of Miles Welo and Ethical Considerations Dear Michael: Kindly accept this letter as a follow-up to our discussion and my previous notification to you of Mansour Gavin's hiring of Miles Welo as an associate attorney. We wanted to raise ethical considerations which may be implicated with Mansour Gavin's hiring of Mayor Georgine Welo’s son. As an associate attorney, Miles does not have a shareholder ownership or fiduciary interest in the Mansour Gavin law firm. As you know, Miles has established an exceptional resume during his undergraduate and law school years. As a matter of record, | note, however, that Mansour Gavin served as outside counsel for the City in real estate and employment matters long before Miles was hired as a firm law clerk and now as an associate attorney. Miles’ employment and compensation are not contingent upon any contract or service consulting agreement between the City and Mansour Gavin. Miles has not and will not participate in any representation or case involving South Euclid. He is assigned to the firm's Corporate and Business Services and Wealth Management and Estate Planning Groups. As you know under certain circumstances, Chapter 102 and Section 2921.42 and 2921.43 of the Revised Code may dictate a potential ethical violation when a family member or spouse of a public official is employed by a professional firm and that firm is retained by the public entity. The Ohio Ethics Commission Advisory opinions and staff advisory opinions have set forth seven considerations in determining whether ethical violations exist for a public official when a family member or spouse employed by a professional firm and such firm has a contract with a municipality. A City would not be prohibited in participating in the hiring or retaining a professional firm which included a spouse or family member provided such spouse or family member meets all of the following conditions: (1) The family member has no ownership or fiduciary interest in the firm; (2) The family member is not the firm's representative assigned to the city; North Point Tower | 100} Lakeside Avenue | Suite!400 | Cleveland, OH 44Il4 | ps 216.5231500 | 216.5251705 | wimggmipa.comMANSOUR GAVIN LPA Michael Lograsso, Law Director City of South Euclid November 21, 2014 Page 2 (3) The family member's compensation is not based or dependent upon the proceeds from the city’s contract with the firm; (4) The family member does not receive a share of proceeds from the city’s contact with the firm in the form of a commission or fee; (6) The family member does not participate in developing or presenting the firm’s proposal, or performing services under the contract; (6) The city’s contract with the firm does not provide it with most or all of its revenue; and (7) The family member does not depend upon the city's contract with the firm to ensure continuation of his/her employment. (Ohio Ethics Commission Advisory Opinions, Nos. 78-006 and 92-002 and Staff Advisory Opinion September 11, 2013, attached) As previously stated, Miles does not have an ownership interest in the firm, he would not be assigned to South Euclid cases, his annual compensation is not tied to any City contract between the firm and his continued employment with Mansour Gavin is not dependent on any contract with South Euclid. In essence, the seven conditions are satisfied to the extent that Miles’ employment does not result in any ethical violations pursuant to Chapter 102, or Sections 2921.42 and 2921.43 of the Revised Code. While there are no ethical violations, we are conscious that there are sometimes “political issues” when a professional firm employs a family member or spouse of a city official. 1 would suggest @ meeting with the Mayor and/or Council to discuss the circumstances for the retention of the Mansour Gavin law firm. Pursuant to our previous discussion, inasmuch as Mansour Gavin is currently retained by the City for several matters, we shall continue our representation of the City interests until we have an opportunity to fully discuss future representation regarding ongoing matters. We would obviously respect and follow any decision made by the Mayor and Council concerning our continued representation. On behalf of Mansour Gavin, we thank you for the confidence you have placed in our firm in representing it over the years. We would be glad to meet with you to discuss the above in further detail. Very truly yours, (My fo > 2 3 = 9. ao ° AJC:ss cc; James A. Budzik, Esq.