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Wednesday, April 17, 2002

Evendale citizens to file lawsuit


Group seeks referendum on Officer Roach hiring

By Jennifer Edwards, jedwards@enquirer.com
The Cincinnati Enquirer

        EVENDALE — Saying village leaders leave them no choice, a group of residents opposed to the hiring of Officer Stephen Roach plans to sue this Hamilton County suburb today to force a public vote on the issue.

        The lawsuit, to be filed by Cincinnati attorney Marc Mezibov, demands a referendum in the November election.

Roach
Roach
        “They are going to do whatever it takes to protect what they consider to be a white guy treated unfairly in Cincinnati,” resident Steve Jemison said of Evendale's council. “The residents of Evendale don't matter. Protecting Roach is more important (to council) than protecting the integrity of our police department and our relationship with residents.”

        The suit requests attorneys' fees and any other relief deemed appropriate. The opponents, called Concerned Citizens of Evendale, and Mr. Mezibov plan a 2 p.m. press conference today in front of the Evendale Municipal Building.

        Village officials announced March 10 they would not hold a referendum after receiving two legal opinions saying that holding a public vote on administrative matters such as hirings is illegal.

        But the suit argues that the January hiring was a legislative action, not an administrative one, and therefore is subject to referendum. The suit also says the way Officer Roach was hired, through an emergency ordinance, was “irregular and conducted in bad faith” and goes against the village charter.

        Evendale's decision to hire Officer Roach, Mr. Mezibov said, “colors the entire com munity and simply to brush this off as business as usual is not only illogical, but it is hypocritical and turns the democratic process on its head.”

        Village officials, who have anticipated the issue landing in court, Tuesday denied the allegations in the suit. Village solicitor Christian Schaefer said all employees have been hired through emergency ordinance for years, and Officer Roach was the best candidate for the job.

        Also on Tuesday, Officer Roach's attorney, Bill Gustavson — a former Cincinnati safety director — met with Mr. Schaefer to begin discussing options for Officer Roach to clear his name from a Cincinnati police internal affairs report that harshly criticizes him.

        The report, released March 19, finds Officer Roach violated police procedures in the fatal shooting of an unarmed, fleeing black man last April, then lied to investigators. Officer Roach was acquitted of criminal charges connected to the shooting last fall.

        Saying the report cast too much of a shadow on Officer Roach's integrity and character to keep him on street patrol, Evendale's chief placed him on administrative duty March 27. Officer Roach has until Jan. 20, 2003 — a year to the date he started on Evendale's payroll — to clear his name or be fired.

       



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