EVENDALE — Village officials have received a second legal opinion that says administrative actions — such as the hiring of Police Officer Stephen Roach — are not subject to referendum votes.

        Mayor Douglas Lohmeier received the opinion this week from a Dayton attorney. Attorney John C. Chambers wrote in a March 5 letter to the mayor that referendum petitions filed with the village on the Roach hiring violate state law and Evendale's charter.

        “The Constitution and Charter limit referendum power to questions of a legislative nature,” the letter said. “The topic of the referred Ordinance, being that of hiring a specific individual, is not legislative in nature, and therefore not subject to referendum.”

        With the second legal opinion, it does not appear likely the hiring will go to public vote this fall.

        The village solicitor, Christian Schaefer, already has told council members administrative matters are not subject to referendum.

        Opponents of Officer Roach's hiring collected enough valid signatures to put their referendum to oust the officer to a vote and believe they are legally entitled to one. The Hamilton County Board of Elections checked the more than 200 names and determined at least 155 — the required number — were valid.

        “We fully expect council to certify and validate the petition to the Hamilton County Board of Elections,” Dr. Thomas Shockley, an organizer of the opponents, told council members Thursday.

        Mr. Schaefer says he expects the issue will wind up in court.

        “It's a contentious issue and someone will no doubt litigate it at some point,” he said.

        Officer Roach, 27, whose fatal shooting of an unarmed, fleeing man in Over-the-Rhine April 7 sparked riots, quit the Cincinnati force in January and started with Evendale Jan. 22. He was acquitted of negligent homicide and obstructing official business last fall.

        Woodlawn council members recently passed a resolution voicing concern over Officer Roach's hiring because he may be on duty in Woodlawn under their mutual aid agreement with Evendale.

        “Officer Roach's recent experience may cause him to be overly sensitive and hesitant to react in an emergency, creating a danger to himself, fellow officers and citizens,” the ordinance says.

        Mayor Lohmeier and Police Chief Gary Foust declined comment on the Woodlawn resolution.

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