BY RICHELLE THOMPSON
The Cincinnati Enquirer
LEBANON -- Mayor James Mills will retain his seat and serve the remaining 18 months of his term as the ceremonial figurehead of the city.
Judge P. Daniel Fedders of Warren County Common Pleas Court ruled Wednesday in favor of Mr. Mills and Councilman Mark Flick in a lawsuit they filed June 9 against their fellow council members. The lawsuit sought a permanent injunction against city council from reorganizing the seven-member board, which could have meant the election of a new mayor.
Mr. Mills, the first African-American mayor in Lebanon's history, said he believed council members intended to vote him out of office because of his race. Further, he said unseating him as mayor was the ultimate purpose of the May recall of former Councilwoman Mary-Ann Cole.
"I just think it's wonderful," Mr. Mills said Wednesday of the ruling. "Truth crushed down will rise again."
Judge Fedders' decision dismissed City Attorney Bill Duning's opinion that the city's charter requires a reorganization after a recall election.
Mr. Duning said Wednesday he stands by his opinion. He'll discuss with the city manager and council members whether the judge's ruling should be appealed.
City Manager Richard Hayward was unavailable for comment. Assistant City Manager Sherry Callahan declined to comment.
June 7, Mr. Mills also lodged a racial discrimination complaint against the city and Mr. Duning with the Dayton chapter of the National Association for the Advancement of Colored People. The agency that would investigate such allegations, the Ohio Civil Rights Commission, has not received a report of the charges, spokeswoman Drema Brown said Wednesday.
Councilman John McComb, who replaced Mrs. Cole after the recall, said the mayor's actions will sour council relations.
"It's not what I'd call holding an olive branch out to say, "Let's work together.' It's not a great way to start a new working relationship," he said.
While acknowledging that the lawsuit and discrimination complaint could further fracture council, Mr. Mills said he still can be an effective leader. The attitudes of a few won't affect how he serves the majority of the city, he said.
"Those people have disliked me from the word go, and this certainly won't help. But they already had that negative attitude about me way before I became mayor," he said. "It doesn't matter how they feel about me. I'm here to do a job for the people of Lebanon."
But Mr. McComb said playing the race card is "totally absurd. "I guess if you're our ceremonial leader, you should want to bring the city to good things, not bad," Mr. McComb said. "I was always taught to lead by example, and I'm not sure (Mr. Mills' actions) are a good example."
The ruling comes after seven months of infighting among city council members. Two of the major points of contention -- whether to continue with a $5 million telecommunications project and whether to keep Mr. Hayward as city manager -- were decided at a June 9 meeting when a council majority supported both issues.
Council members also will have to appoint a new member to replace Michael Coyan, who resigned June 9. At least five residents have submitted letters of application for the seat.
