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IN THE SUPREME COURT OF OHIO

STATE OF OHIO ex rel: ^^@ vzNVICTORIA E. ULLMAiNN CASE NUMBER1135 Bryden RoadColumbus, Ohio 43205

Relator Original Action in Mandamus

VS.

JOBSOHIO41 South High StreetSuite 1500Columbus, Ohio 43215

JOHN MINORPresident and CEO41 South High StreetSuite 1500Colulnbus, Ohio 43215

Respondents

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COMPLAINT FOR WRIT OF MANDAMUS

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Victoria E. Ullmann (0031468)Attorney at laNv, pro se1135 Bryden RoadColutnbus, Ohio 43205(614) 253-2532Fax 614-253-2692Victoria--Lillmann@hotmail.com

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IN THE SUPREME COURT OF OHIO

STATE OF OHIO ex rel:VICTORIA E. ULLMAIV'N CAS.ENUMBER1135 Bryden RoadColumbus, Ohio 43205

Relator Original Action in Mandamus

vs.

JOBSOHIO41 South High StreetSuite 1500Columbus, Ohio 43215

JOHN MINORPresident and CEO41 South High StreetSuite 1500Columbus, Ohio 43215

Respondents

COMPLAINT FOR WRIT OF MANDAMUS

1. Relator is a citizen of the state of Ohio and licensed attomey who has been

involved in other litigation against JobsOhio for several years. She made a f.ormal public

documents request to JobsOhio's counsel. (See attached Affidavit Ex. 1 with

attachments).

2. JobsOhio is a corporation created pursuant to R.C. 187. It is funded almost

entirely by a grant/franchise/gift from the state of Ohio of its wliolesale liquor business.

Bonds were issued based upon this transfer that provided JobsOhio with operating funds

and it will receive profits from this state asset for 25 years pursuant to R. C. 4313 et seq.

2

The governor appoints JobsOhio's board of directors and has significant interaction with

them. R.C. 187.01 et seq sets forth in detail JobsOhio's powers, duties and relationship

with state agencies.

3. JobsOhio now controls many of the functions and exercises much of the power

that had been previously been in the control of the Ohio Department of Development, a

state agency. It works with the agency, now called the Development Services Agency,

on a daily basis. JobsOhio functions, to all intents and purposes, as a division of the

Development Services Agency R.C.187.04. Some documents that JobsOhio creates are

already designated as public records pursuant to R.C. 187.04. (See Affidavit)

4. Ullmann has standing pursuant to R.C. 149.43 to bring this action. She made a

forinal public documents request to counsel for JobsOhio. JobsOhio's counsel has failed

to produce the documents or otherwise respond to any requests regarding this matter in a

reasonable period of time. (See Affidavit)

5. A week to respond to this request for documents is reasonable because

JobsOhio has made its position abtuzdantly clear publicly that they do not believe they

need to respond to such requests. They have been aware for several weeks that relator

planned to make the request. Relator has worked with JobsOhio's counsel for two years

azld email contact has been the method of service throughout that litigation. Inaction on

their part is a clear refusal of the request and this is consistent with JobsOhio's position

since their creation.

3

6. JobsOhio is the functional equivalent of a government agency, or division of

an agency, and is therefore subject to the requirements of R.C. 149.43 regardless of

attempts to shield it,

7. JobsOhio performs a government function and is funded by a lease of a

government asset. JobsOhio exists only due to its creation pursuant to R.C. 187 and the

liquor revenue granted to it in R. C. 4313. It was designed specxficallyto avoid public

documents production obligations or any other public scizltiny.

8. R.C. 149.011(B) states: "State agency" does not include the nonprofit

corporation formed under section 187.01 of the Revised Code." However, Ohio

Constitution 13.01 forbids the General Assembly from creating a corporate entity of any

kind. This renders this exemption void ab initio.

9. JobsOhio is unconstitutional and was from its inception pursuant to Ohio

Constit. 13.01 and 1302. This court can declare it unconstitutional in toto once it

deterinines that this section of R.C. 149.011 is void pursuant to Ohio Const. 13.

W1=IEREFORE: Relator prays that this court find that JobsOhio is the equivalent

of a division of a state agency pursuant to the functional equivalency test. Relator prays

this court order the respondent to provide the documents requested. Further, relator

prays this Court to determine the R.C. 187 and R.C. 4313 are wholly unconstitutional and

void. Finally, relator moves the court to order JobsOhio be dissolved as a corporate

entity and its duties returned to the Development Services Agency. Relator further

requests that this Court grant her an award of costs and attorneys fees.

4

Respectfully submitted,

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Victoria E. Ullmann (0031468)Attorney for Appellant, pro se1135 Bryden RoadColumbus, Ohio 43205(614) 253-2532

AFFIDAVIT OF VICTORIA E. ULLMANN

VzctoriaE. Ullmann hereby testifies as follows:

1. 1 am an attorney at law licensed to practice in the state of Ohio.

2. I made a public documents request to JobsOhio's litigation counsel by email

and also first class mail. Due to my involvement in other pending litigation with

JobsOhio, I believe the Model Rules of Professional Conduct require me to contact only

litigation counsel for any requests to JobsOhio.

3. Attached are true and accurate copies of my correspondence with them, along

with an email from Douglas Cole indicating I was using the proper email to contact him:.

4. 1 am aware that JobsOhio has stated publically and continues to hold the

opinion that it need not respond to any public documents requests.

5. I received no response whatsoever to my request.

6. I was employed by the state of Ohio, Bureau of Employment Services, for

several years. I handled both grants and contract and worked with divisions within the

agency.

7, The relationship between JobsOhio and the Development Services Agency as

set forth in RC. 187.04 is not a standard state grant or contract relationship with an

external private entity. It appears to me to be very similar to the relationship between an

agency division and the agency head.

6

Victoria E. UllmannAffiant

Notary

Sworn and subscribed before me, a notary public of the state of Ohio on this

day of August, 2013.

oN tarY Public

ti^° ^c= Susanna MadonNotary Pubfic, State of Ohio

My Commission ^xores 4444--2016

7

Outlool.- victoria-Liliniann@hotinail.com

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New Reply Delete Archive Victoria Ullmann

R.C. 149 request

Victoria Ullmann 7/31/13 Documents Actions

To: Aneca Lasley, Doug Cole

1 attachment (29.0 KB) Outlook Active View

Letterheadjobsohio...

Uownload as zip

Dear Doug and Aneca,

Attached it my formal document request. I await yourprompt reply.

Victoria

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8/7/2013 5:51 PM

\/ICT®RfA E. ULLMANNATTORNEY AT LAW 1135 BRYDEIy ROAD

COLUMBUS, OF11t7r 43205

(614) 253-2692

Fax (614) 253-2692

July 31, 2013Douglas C'oleOrgan, Cole and Stock1335 Dublin RoadColumbus, Ohio 43215

Aneca E. LasleySquires, Sanders and Deinpsey.2000 Huntington Center41 South High StreetColumbus, Ohio 43215

Dear Doug and Aneca,

As I have mentioned in previous emails, I want to test JobsOhio's status under the SupremeCourt's holding in Oriana House. Of course this requires a formal public documents requestfrom me. I believe the Model Rules require me to serve this request on you rather than yourclient. Since JobsOhio has made its position very clear on this issue over the pass two years, Iexpect a blanket denial of this request, consistent with that position and that a week is sufficienttime for response prior to filing, unless you tell me otherwise. I will also mail this request byregular first class mail.

In State ex rel. Oriana House, Inc. v. Montgomery, 110 Ohio St.3d 456, 2006-Ohio-4854,the Supreme Court held that a quasi private nonprofit such as JobsOhio can be subject to thepublic documents act if it is the equivalent of a public office. The court set farth the followingcriteria to determine equivalency (1) whether the entity performs a governmental function, (2)the level of government funding, (3) the extent of government involvement or regulation, and (4)whether the entity was created by the government or to avoid the requirements of the PublicRecords Act. As it appears these criteria would render JobsOhio subject to this R.C. 149, I amrequesting the following documents:

1. All board meeting minutes for JobsOhio between January 1, 2012 andthe present.

2. All in house policy or procedure memos regarding conflict of interestfor board members and others.

3. A list of all donors, donation amount and donation dates for anyindividual. or organization that provided funds to JobsOhio betweenJanuary 1, 2012 and the present.

4. Any documents used to determine that any particular board member hasa conflict of interest and what JobsOhio and that member did to eliminatethat conflict between January 1, 2012 and the present.

5. All correspondence between the Governor's office and any employee orboard member at JobsOhio related to private contributions made toJobsOhio between January 1, 2012 and the present.

6. All correspondence between John Kasich's campaign staff (at KasichTaylor for Ohio) and any employee or board member of JobsOhio relatedto private contributions made to JobsOhio between Jaiiuary 1, 2012 andthe present.

7. All correspondence between the Department of Development and/or theDevelopment Services Agency and any employee or board member atJobsOhio related to private contributions made to JobsOhio betweenJanuary 1, 2012 and the present.

8. All correspondence between the Department of Development and/or theDevelopment Services Agency and any employee or board member atJobsOhio related to funds granted to JobsOhio by the departnient and thenreturned to it between January 1, 2012 and the present.

I anxiously wait your reply. Thank you for your consideration in this matter.

Yours truly,

Victoria E. Ullmann

Outlook - victoi'ia.__ullrnann@hottnail,com

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Victoria Ullmann 7/24/13

To: Doug Cole, Aneca Lasley

Victoria Uilmann

Victoria------ U I I m a n n

Actions

Dean Doug and Aneca,

I was on the Supreme Court web site today since they

granted me an alternative writ on an important public

documents case I have. While there I noticed that the Court

has accepted Walgate but will not consolidate it, thank God,

with JobsOhio. Although they won°t consolidate expect

Maurice to be more out of control now if past actions are any

key to future ones. I think I really need to proceed with my pro

se public docs case with regard to JobsOhio and will send you

the formal request today or tomorrow.

Victoria

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Doug Cole 7/15/13

To: Victoria Ullmann, Aneca Lasley

Thank you.

Douglas R. Cole

ORGAN COLE + STOCK LLP

1335 Dublin Road

Suite 104D

Colunibus, Oh+o 43215

Direct Dial: 614.481.4902

Main Number: 614.481,0900

Fax: 614.481.0904

Mobile: 614-519-3985

E-mail: dreoleC.̂ ocslawfirm,com

www.ocslawftrm.com

_.. __. _,_ _... _.

Victoria Ullmann 7/15/13 Actions

To: Doug Cole, Aneca Lasley

1 attachment (763.9 KB) Outlook Active View

jobsohioSCreply.pdf

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Victoria Ullmann 6/25/13 Actions

To: Doug Cole^:.

Dear Doug,

You kind of cleaned those guys clock, thanks to their own

stupidity, Of course you did not mention my non stupid

brief cause then I could talk them into letting me file a

reply. I am still going to ask for oral argument for whatever

its worth.

Delete Archive Victoria Ullmann

VictoriaUllmann

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I filed a fabulous case on the public docs act recently. I

have decided that if it looks like Thompson destroyed/or

you brilliantly defended the Progress Ohio case, that I

could at least test you all for functional equivalency under

the public docs act. I do not make the same mistake twice.

iwillbeprose.

case law 9 1 have not finally decided this, but I must first of course

Court documents 1 submit a request. Even pro se, I think I must request of you

Documents 11 how you want that handled. Should I submit the request

to you7efiling

Flagged 1

JobsohioVictoria

Thanks

Photos,, , _. . _..._. ........ ........ __ ._,.. .... _...._.. ,_.^._._v. _._

Shipping updates 1 Doug Cole 6/25/13

Here it is. Douglas R. Cole Organ Cole + Stock Iip ...Nrw calegorY^. , iL

. .. . . . . ,.,..,__. .,,:.._.:.. ^ . . ^ .._._........, ___ ._ ....._ ._ ...._.,.... .._......

Doug Cole 6/25/13

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