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Apr 18, 2018  
Employment Attorney

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And an opinion last week from City Solicitor Paula Boggs Muething could throw a monkey wrench into the plan because it concluded Black isn't entitled to a city-provided lawyer, which several council members believe he should have. Council members will try to figure out their next move in the coming days, but their investigation is no longer the sure thing it seemed to be last week when council approved it with a 9-0 vote. The most immediate hurdle is The Enquirer's lawsuit, which asks the Ohio First District Court of Appeals to block the investigation unless council agrees to conduct it in public view. Under council's plan, private meetings would be held to hear accusations of misconduct against Black by city employees. The meetings would be run by two council members, who would then send recordings of the interviews and transcripts to the rest of City Council for review. All nine council members approved the investigation last week, saying they wanted to create a safe environment for the employees to speak freely. But The Enquirer's lawsuit, filed in the Ohio First District Court of Appeals, said the city charter explicitly forbids such private meetings. "The Council and the individual members are under a duty, established by the charter, to conduct all proceedings in public," the lawsuit states. Cincinnati's charter is more restrictive than most because it bars private, "executive sessions" for any reason, including personnel matters and contract negotiations. State law, along with many other city charters, allow such private meetings for limited purposes.

For the original version including any supplementary images or video, visit https://www.cincinnati.com/story/news/politics/2018/04/11/enquirer-sues-cincinnati-city-council-harry-black-investigation-must-public/506589002/

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