BY RICHELLE THOMPSON
The Cincinnati Enquirer
LEBANON -- Infighting on Lebanon city council continued Thursday with the appeal of a judge's decision last month that barred a reorganization.
Councilman Mark Flick and Mayor James Mills sought -- and received -- a court ruling that allowed Mr. Mills to retain his ceremonial position and barred council from holding a reorganization.
Mr. Mills, Lebanon's first African-American mayor, feared fellow council members would oust him from the seat after a May recall election that shifted the balance of power on council.
City Attorney Bill Duning said the charter called for a reorganization of council following any election, including a recall. That could have meant a new mayor for Lebanon.
And depending on the outcome of the appeal, it still could.
Mr. Duning said he filed the appeal Thursday in Warren County Common Pleas Court upon the recommendations of council members and City Manager Richard Hayward. Mr. Duning would not comment on which council members supported the appeal.
Because they were plaintiffs in the lawsuit, Mr. Mills and Mr. Flick were not to be part of the decision, Mr. Duning has said.
Of the remaining four, only two -- members John McComb and Amy Brewer -- adamantly supported the appeal. Councilman Jack Hedges said he neither aggressively sought nor fought the decision to appeal. New Councilman Joe McKenzie is opposed.
"I don't think it's something worth arguing about," he said. "I think council needs to get on with its business."
But Mr. McComb, who replaced Mary-Ann Cole after she was recalled in May, and Mrs. Brewer have said an appeal is important to preserving the integrity of the charter.
Despite the possibility the appeal could spur a protracted court battle pitting council members against each other, Mrs. Brewer said earlier this week she didn't think it would worsen problems on the board.
"I believe we're getting back on track, and I don't believe that (an appeal) will hinder our ability to move on and make some good decisions," she said.
But Mr. Hedges said he worries an appeal will only exacerbate dissension among council members.
He suggested a better resolution may have been to drop the appeal in exchange for Mr. Mills withdrawing a racial discrimination complaint he filed in June with the National Association for the Advancement of Colored People against the city .
The charter is explicit in its language about municipal elections and when a reorganization should take place, Mr. Flick said.
"I think (the case) is pretty open and shut, and I think the judge thought that, too."
The next step is for the 12th District Court of Appeals in Middletown to set a hearing date, Mr. Duning said.
The appeal follows seven months of controversy on city council, a recall election and the resignation of two members. One of the lightning-rod issues, a $5 million telecommunications proposal, was put to rest Tuesday when council voted 5-1 to finance the project.
Council is expected to meet today at 4 p.m. at the Lebanon City Building, 50 South Broadway, to appoint the seventh member. That seat was vacated in June by 22-year veteran Gil Jarrard, who said he left for health reasons.
