Friday, January 05, 2001
Veto of captain's post invalidated
New police job likely to stand as mayor's act omitted reasons
By Walt Schaefer
The Cincinnati Enquirer
NORWOOD Mayor Joe Hochbein did not include his reasoning when he recently vetoed City Council's controversial decision to recreate a police captain's position. That invalidates the veto, Law Director Vicki Garry said Thursday.
Mrs. Garry said the legislation becomes effective 30 days after being passed by a 7-2 vote on Dec. 12, and the publication of a legal ad.

Hochbein
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Although Mr. Hochbein said he disagrees with Mrs. Garry's opinion, it's unlikely he will contest it. The mayor said he opposed the position largely because he thinks the police department sorely needs officers on the street, while the captain's post is another desk job.
The legislation creates an administrative position between Police Chief William Schlie and the department's three lieutenants a move Chief Schlie has advocated.
The measure re-creates the captain's rank that was lost when former Capt. Tom Williams became acting chief in June 1999. Capt. Williams has since retired and the position was eliminated.
Chief Schlie said the position is needed because the captain serves as the chief's assistant when the chief is away, provides a second command officer above lieutenant and restores a much needed manager slot to help deal with the day-to-day administration of the 48-member police division.
Mrs. Garry said Safety Director Cliff Miller should appoint an interim captain to serve until a civil service exam can be scheduled to fill the post.
Mr. Hochbein said he thinks that by writing veto on the ordinance, he gave implied reason for the action, which he had explained to council before its vote. The mayor followed up with a Dec. 28 letter to Clerk Mark Tierney outlining his position, but the law director said the mayor missed the legal 10-day window to provide his explanation.
I consider her ruling incorrect and hypertechnical, the mayor said. However, Mr. Hochbein said he does not plan to contest the issue and expects the ordinance will stand based on Mrs. Garry's opinion.
The city administration also announced hires for three of four openings in the department who have been selected from the civil service eligibility list. A fourth will be selected as soon at the civil service commission provides an updated list of candidates.
The new hires pleased Chief Schlie, who has said the department has been operating with a critically low staffing level for several months.
One of the new hires is completing a required four-month field training program and two others are completing physical exams before being enrolled in police academies to begin 21 weeks of state-required training for certification. An additional two positions, negotiated in the police contract with the city, will open in June.
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