BY LISA DONOVAN
The Cincinnati Enquirer
Councilman Todd Portune is taking exception to a city law department opinion issued Thursdaythat council staff, offices and time should not be used to work on ballot initiatives.
Mr. Portune, one of the main backers of a Broadway Commons ballpark site, has helped launch a petition drive to put the issue on the ballot. The goal is to try to force Hamilton County to build a Reds stadium at the site.
He said his council staff has spent some city time helping with the petition drive. Such work has ranged from answering calls on the effort to research to running errands.
"I have nothing to hide -- I just haven't been keeping tabs," he said. Mr. Portune said two staff members at any one time have worked on the drive, on and off the clock.
He maintains that opponents of his effort, particularly those who favor a riverfront site, are trying to block the initiative "by all means necessary."
It was unclear Thursday who had requested a legal opinion.
Until a more definitive legal opinion is proposed, Mr. Portune said, "We're going to continue in an assisting role on this (petition) effort, because I think that's a proper function of the office."
The opinion from Deputy City Solicitor Robert Johnstone states the initiative process is outside the legislative authority of city council. It makes no specific reference to Mr. Portune or the ballot initiative.
"By definition, the initiative process does not serve a municipal purpose since it is beyond the authority of the municipal corporation to participate," the opinion states. "In his or her personal capacity, a member of council may not use city resources, including staff time, to support the initiative process."
In a memo to Mr. Johnstone, Mr. Portune said that part of council life is assisting residents with myriad problems, from finding employment to a health care provider.
The memo continued: "Each of those examples do not fit your narrow definition of being a part of the legislative authority of council, yet are a part of our daily lives as we try to respond to and help the people of our city."
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