Thursday, April 01, 1999
Court upholds ban on removal
Ruling blocks reorganization of council
BY RICHELLE THOMPSON
The Cincinnati Enquirer
LEBANON — A state appeals court sided with Councilman Mark Flick and Mayor James Mills in a lawsuit the two filed against fellow council members last summer.
The 12th District Court of Appeals upheld an injunction barring other council members from removing Mr. Mills from office during his two-year term.
The decision confirmed the city charter's importance, said Mr. Flick, who invested $2,500 in legal fees to fight a reorganization.
“I was trying to make the point that the charter rules,” he said Wednesday. “And my job is to honor the charter. The Ohio code is very clear.”
The lawsuit came at a tumultuous time for council members. Fresh from the city's first recall election in its 196-year history, council also saw the resignation of two other veteran members.
In addition, the members were grappling with whether to support City Manager Richard Hayward and to move forward with a multimillion-dollar telecommunications project.
Mr. Flick and Mr. Mills filed the suit to pre-empt other council members from reorganizing and removing Mr. Mills as mayor, a largely ceremonial position.
Other council members claimed the city charter allowed a reorganization after a recall election, as it did after any municipal election.
The appeals court agreed with Judge P. Daniel Fedders of Warren County Common Pleas Court. The unanimous decision by the three appellate judges said the definition of “municipal election” did not include a recall.
Therefore, a reorganization was unjustified.
Council members Amy Brewer, John McComb and Jack Hedges, all named in the lawsuit, did not return phone calls Wednesday. Councilmen Jim Reinhard and Joe McKenzie declined to comment.
Council could appeal the decision to the Ohio Supreme Court.
Both Mr. Mills and Mr. Flick hope the matter is put to rest.
Mr. Mills, who has nine months left in his term, said he was pleased with the decision.
“I'm glad it's over,” he said. “Now, it's time to move on.”
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