BY LISA DONOVAN
The Cincinnati Enquirer
Cincinnati City Council has "no authority whatsoever" to fundamentally change the Human Relations Commission (CHRC) and turn it into an investigatory agency with subpoena powers, the city solicitor says.
Council members Minette Cooper, Dwight Tillery and Charlie Winburn proposed overhauling the city-funded commission.
Their proposal would give CHRC more power, including subpoena powers in investigations, but the city law department doesn't think council has the power to delegate such legal authority.
"There is no authority whatsoever that would permit the delegation of this basic and exceptionally powerful governmental authority to a private corporation," City Solicitor Fay Dupuis wrote in a report to council members.
CHRC is an Ohio non-profit corporation. The relationship between CHRC and the city is contractual; the commission's sole source of financing -- $450,000 annually -- comes from the city.
The commission is charged with promoting race relations through education, training and managing various programs.
The Cooper-Tillery-Winburn proposal argues the commission has lost its focus.
Under the proposal, CHRC would be given powers to investigate discrimination and harassment, monitor city hiring practices and address community and police matters.
The law department report says it's OK for the commission to monitor city testing, hiring, promotion and classification practices for "adverse impact" and promoting discussion of human relations issues.
But the law department also raises legal questions about a number of the proposals:
Council can't change the CHRC board to include 13 members, as proposed. The composition of the CHRC board of directors is entirely a matter within its own authority.
The proposal to transfer city staff to CHRC raises questions about who those employees serve.
Mr. Winburn said he still would like to move ahead with revamping the corporation with some help from CHRC.
"What we need to do is work with the (CHRC) board, legally, to come up with mutual goals around the delivery of effective services," Mr. Winburn said.
Days after the CHRC measure was announced in late June, the commission's 15 board members resigned.
Board member Ernie Waits Jr. said the fact council members made a proposal without consulting the board was insulting.
But on July 1, Mr. Waits wrote a letter to city council saying he and seven other board members would like to retain their seats. All have since reassumed their seats.
On Monday, Mr. Waits, the board's acting chair, said he would like to work with council to look at CHRC's operations. Council's Health, Social and Children Services committee will hold two 7 p.m. public hearings to discuss CHRC. One will be Sept. 8 at Westwood Town Hall, 3017 Harrison Ave.; the second will be Sept. 10 at the Bond Hill Recreation Center, 1501 Elizabeth Place.
