Some members of Cincinnati City Council say they want the city to release its settlement with the U.S. Justice Department as soon as possible so that the public will know what's in the agreement before City Council votes on it.

        Faced with the mayor's own deadline of April 1 to have the agreement “signed, sealed and delivered” — and, after that, the first anniversary of the police shooting of Timothy Thomas on April 7 — city officials say they feel an urgency to approve the settlement.

        But, while a draft settlement of the Justice Department's “patterns and practices” investigation reportedly has been at the city's Law Department for at least a week, the mayor and council members say they have not seen it.

        The Enquirer asked the Ohio 1st District Court of Appeals Thursday to order the Justice Department settlement released as a public record.

        “The sooner the better,” said Councilman Jim Tarbell. “There's something to be said for just getting it out there and dealing with it. That was on people's minds when we didn't give out information on the (Roger) Owensby and (Timothy) Thomas deaths, and I thought that was a poor strategic decision on our part.”

        Councilman Paul Booth said he wants time for public hearings on the settlement before City Council approves it.

        “It's a burning issue with the public, and I think it's important that we get it out as soon as possible,” he said.

        But Councilman Pat DeWine, chairman of the Law and Public Safety Committee, said he's more concerned with the substance of the agreement. Some of the more controversial items it will address are:

        • Reporting requirements, specifically that officers file a report each time they remove their handguns from their holsters.

        • The form of the settlement, ranging from an informal agreement to a consent decree monitored by a federal judge. The city wants minimal ongoing federal involvement in the police department. And Mr. DeWine is adamant about keeping the enforcement of the agreement out of the settlement of a related lawsuit on racial profiling.

        • The use of chemical irritants. The Justice Department wants police to switch to a different kind of pepper spray and reduce its use as an officer's primary response to aggressive citizen behavior.

        Mayor Charlie Luken has called some of the Justice Department's proposed settlement “somewhat onerous.”

        But he said he's still confident the city can work out a settlement on or about the deadline he set in his State of the City Speech.

        “I am hopeful it will be delivered and voted upon by April 1, but at least delivered,” Mr. Luken said Thursday.

        While the city's charter does not allow council members to discuss the settlement behind closed doors, Councilman David Crowley said he will ask the Law Department to brief council members on its contents individually so there aren't any surprises.

        “What concerns me is that what I've been hearing all along is that there was some give-and-take and a cooperative relationship between the city and the Justice Department,” he said. “And from what I hear now, that tone has changed to something that is — to use the mayor's word — more "onerous.'”

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