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(3/7/09): Smitherman Wins Lawsuit Against the City of Cincinnati PDF Print E-mail
Judge Martin ruled yesterday (3/6/2009) in favor of Christopher Smitherman regarding the lawsuit filed against the City of Cincinnati. The lawsuit was filed because the State of Ohio authorizes the City Manager with appointment powers.  The lawsuit dealt with City Council stripping the City Manager of his appointment power to the Board of Cincinnati Metropolitan Housing Authority (CMHA).  The CMHA Board is very powerful because it handles all Section 8 housing and vouchers for the region.

 

 

March 7, 2009
Media Release

Cincinnati NAACP

 

Judge Martin ruled yesterday in favor of Christopher Smitherman regarding the lawsuit filed against the City of Cincinnati. The lawsuit dealt with City Council stripping the City Manager of his appointment power to the Board of Cincinnati Metropolitan Housing Authority (CMHA). The CMHA Board is very powerful because it handles all Section 8 housing and vouchers for the region.  Judge Martin placed an immediate injunction on City Council which paves the way for the City Manager to make two appointments to the CMHA Board by Thursday, March 12, 2009 which is the next CMHA Board meeting. The Cincinnati City Manager has never had an attempt by City Councilmembers to strip appointment powers from the position. Councilmember Jeff Berding led the charge in stripping the City Manager of his appointment power.  The City Manager of Cincinnati is African American and his power was stripped when he announced that he was appointing an African American to the CMHA Board.

 

The lawsuit was filed because the State of Ohio authorizes the City Manager with appointment powers.  Christopher Smitherman viewed the City Council's move to require the City Manager to seek Council's approval of appointees as illegal.  Attorney Chris Finney did an excellent job in court with his oral arguments. Judge Martin found Attorney Chris Finney's arguments favorable and ruled in agreement that City Council had over-stepped its authority. Smitherman says, "If this was never challenged, City Council would have been able to get away with it. The ball is now back in the City Manager's court."

 

For additional back ground, click on the following links:

(12/20/08): Smitherman's Attorney Files Temporary Restraining Order Against Cincinnati City

(1/05/09):   Smitherman Goes To Court Tomorrow, January 6, 2009 at 11:00 am

(1/15/09):   Today, Smitherman and attorneys depose City Manager

(1/26/09):  Deposition Cinti City Mgr regarding CMHA on 1/15/09

 

 

 
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