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CCDP Bylaws Letter Reply

The Cuyahoga County Democratic Party has decided not to act on allegations raised by State Representative Elliot Forhan regarding a colleague's conduct, as the events in question occurred before the adoption of the Party's new Bylaws and Code of Conduct. The Party emphasizes that retroactive application of new rules would be problematic and is not permitted under the new Bylaws. Legal Counsel Jeffrey A. Crossman acknowledges Forhan's concerns and appreciates his commitment to the Party's principles.

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Elliot Forhan
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CCDP Bylaws Letter Reply

The Cuyahoga County Democratic Party has decided not to act on allegations raised by State Representative Elliot Forhan regarding a colleague's conduct, as the events in question occurred before the adoption of the Party's new Bylaws and Code of Conduct. The Party emphasizes that retroactive application of new rules would be problematic and is not permitted under the new Bylaws. Legal Counsel Jeffrey A. Crossman acknowledges Forhan's concerns and appreciates his commitment to the Party's principles.

Uploaded by

Elliot Forhan
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Cleveland | Columbus | Cincinnati | New Jersey | New York

216.373.0539 [email protected] 216.373.0536


Telephone Email Facsimile

August 16, 2024

(VIA EMAIL: [email protected])

State Representative Elliot Forhan


77 South High Street, Floor 12
Columbus, OH 43215-6111

Dear Representative Forhan,


Thank you for your recent correspondence of August 8, 2024, where you expressed
concerns regarding a Statehouse colleague and member of the Cuyahoga County Democratic Party
(the “Party”) in relation to the Party’s Code of Conduct. After careful consideration of your letter,
we wish to inform you that the Party will not be acting on the allegations mentioned, as they do
not pertain to the Bylaws adopted on August 14, 2024.
Upon reviewing the matter, the conduct in question could not have violated the Party’s
Code of Conduct as outlined in the newly adopted Bylaws, given that neither these Bylaws nor the
Code of Conduct had yet been adopted by the Party at the time the events in question occurred.
While respectful and ethical behavior is indeed a cornerstone of our Party's values, retroactively
applying new rules or standards (ex post facto) would be both problematic and confusing.
Additionally, there is no provision in the newly adopted Bylaws that permits retroactive
application.
As a fellow attorney, I trust you appreciate the legal, ethical, and precedential implications
of such an approach. We also acknowledge and appreciate that you have availed yourself of
alternate avenues to address your concerns. Thank you for bringing this matter to our attention and
for your commitment to the Party’s principles.
Sincerely,

Jeffrey A. Crossman, Legal Counsel


Cuyahoga County Democratic Party

cc: David Brock, Chairman


Sandy McNair, Special Counsel

15000 Madison Avenue DannLaw.com


Lakewood, OH 44107 877-475-8100

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