Saturday, June 26, 1999
Closed-door meeting on Shirey upheld
Judge rejects Enquirer challenge to council
BY DAN HORN
The Cincinnati Enquirer
A judge will not stop Cincinnati City Council from meeting behind closed doors Monday to discuss the fate of City Manager John Shirey.
Judge Thomas Nurre ruled Friday that the city's charter does not prevent council members from holding a private meeting to review the performance of the city manager.
The Cincinnati Enquirer had asked the judge for a temporary restraining order that would block the meeting.
At a hearing in Hamilton County Common Pleas Court, attorneys for the newspaper said the private ses sion would violate a provision of the charter that states the “proceedings of council shall be public.”
“The public has a right to know what is going on in these closed-door sessions,” said R. Kent Wellington, an attorney for the newspaper.
Although state law allows officials to hold private “executive sessions” to discuss some personnel and legal matters, Mr. Wellington argued that the city charter is more restrictive.
He said the requirement that all proceedings “shall be public” forces city officials to open meetings that state law might otherwise have allowed them to keep private.
The city, however, contends the charter includes language that permits council members to hold private sessions.
Assistant City Solicitor Mark Yu rick said the charter distinguishes between “public proceedings” and “meetings.”
He said the term “proceedings” refers to council votes and other public matters, while the term “meetings” refers to any number of other council activities that may or may not be held in public.
“Clearly, there's a difference between proceedings and meetings,” Mr. Yurick said. “Proceedings have to be public but meetings don't.”
Judge Nurre ruled that the charter does not rule out private sessions, making it legal for the city to hold a closed-door meeting to discuss Mr. Shirey's job status.
Council members met Thursday to discuss the matter but adjourned after two hours. They said they would resume the meeting Monday.
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