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Wednesday, March 20, 2002

Negotiators hope to reach agreement today


Pressure high to settle profiling suit by April

By Kristina Goetz
The Cincinnati Enquirer

        Negotiators working to settle a racial profiling lawsuit against the city of Cincinnati will meet todayat Xavier University for a final round of talks in hopes of reaching a historic agreement to improve police-community relations.

        The city, the American Civil Liberties Union and those representing Cincinnati's African-American community are working to beat the clock as the anniversary of the fatal police shooting that sparked the city's worst race riots in decades approaches.

WHAT'S NEXT
   If a tentative settlement is reached today:
    • The document will be presented to the Fraternal Order of Police at its Monday meeting.
    • In the days that follow, the agreement will be presented to the Cincinnati Black United Front, City Council and U.S. District Judge Susan Dlott, who is overseeing the case.
    • April 5 is the deadline for an agreement to be reached.
    • A public fairness hearing will be scheduled after April 5 to get final community input.
        The deadline for a settlement agreement is April 5; the anniversary of the shooting of Timothy Thomas is April 7.

        “We hope and anticipate that we will walk away from (Wednesday) — no matter how late it is — to take a proposed settlement to our clients,” said Scott Greenwood, general counsel for Ohio's ACLU chapter.

        “But there are still significant areas that require agreement.”

        Negotiators were supposed to meet in a three-day series of settlement talks last week, but they postponed the last day so lawyers could go over specifics with their clients.

        Today's meeting is the culmination of a yearlong process that began last March with a court motion by local black activists and the ACLU to certify a little-known racial profiling case as a class action.

        Instead of heading to court, the ACLU, Cincinnati Black United Front, the Fraternal Order of Police and the city agreed to an unprecedented process to settle the case.
       

At the mediation table

        Those involved have been tight-lipped about any proposed programs or policy changes, though they say today's discussion will touch on use-of-force procedures (use of chemical irritants, in particular), the Citizens Police Review Panel and a monitoring process.

        Ken Lawson, an attorney representing the Black United Front, said his clients are pushing to have recommendations from a separate Department of Justice investigation put into the settlement.

        “We want the DOJ recommendations to be incorporated under a federal agreement that's in (U.S. District Judge Susan) Dlott's jurisdiction.”

        Mr. Lawson said a monthlong interview process of citizens about police showed the majority of complaints were for improper use of force.

        “If Justice had not come in, we still would have asked for use of force to be included in the collaborative,” he said.

        Folding the Justice Department recommendations into the racial profiling lawsuit settlement has been a point of contention since City Council voted several months ago to keep the two separate.
       

Community pressure

        Pressure to reach an agreement, which includes input from 3,500 citizens, is increasing as a boycott of the city escalates, with prominent entertainers and a 10,000-person convention canceling their visits.

        The Citizens Opposed to Additional Spending and Taxes (COAST) has launched a phone bank to galvanize residents against the negotiations. Members call citizens in the evenings, and immediately transfer any who agree to a council member's line, to express their concern about the talks.

        Former Councilman Phil Heimlich also has been actively protesting the negotiations and is urging others to do so via an e-mail newsletter.

        But negotiations got a show of support Tuesday from the Rev. Damon Lynch III, president of the Black United Front, and Angela Leisure, Timothy Thomas' mother.

        The Rev. Mr. Lynch said a collaborative agreement needs to be reached by April 7 that includes all the recommendations by the Justice Department.

        If that happens, boycotters would be willing to discuss and negotiate with city leaders about some of their other demands, the Rev. Mr. Lynch said.

        “There is no end (to the boycott) in sight if you don't sit down and talk,” the Rev. Mr. Lynch said.

        Mrs. Leisure read from a statement:

        “I pray the mayor will guide the city to a resolution in these final days of negotiation that will be celebrated in the community as justice, and celebrated by the rank-and-file police officer as fair.”

       Jane Prendergast, Kevin Aldridge and Greg Korte contributed to this report. E-mail kgoetz@enquirer.com
       



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