Community Appeals Board

Community Appeals Board City of Dayton | City Hall Mezzanine 101 West Third Street Dayton, Ohio 45402 February 6, 2024 5:30 PM – 7:30 PM I. Call to Order II. Welcoming Remarks III. Order of Business  Roll Call (HRC) Board Members Present: o Catherine Hall o Stanley Hirtle o Dr. Howard Jordan o Shannon Isom Ex-Officio Members Present: o Regina Blackshear, City Manager’s Office o Lamonte Hall, Jr., HRC o Dawn Manuel, HR City Staff Present: o Samba Silla, HRC o Norma Dickens, Law Department  Quorum met  Approval of minutes o Motion to approve 11.09.2023 Minutes as amended to correct titles, and reflect dialogue around split vote and the role of CAB in terms of only being able to specifically look at policy and adherence to policies and procedures. IV. New Business  Updates on Commission Appointment of Chair/Vice-Chair  o Catherine Hall appointed as Chair of Community Appeals Board. Stanley Hirtle appointed as Vice-Chair of Community Appeals Board. o Stanley Hirtle raised questions around whether under the ordinance there needs to be a vote on the Vice-Chair position. o Dr. Howard Jordan raised questions around unwilling appointment of candidates. Discussion around process involved in gauging willingness and communication with candidates.  Introduction of Lamonte Hall, Jr, Executive Director of Human Relations Council and status updates on HRC staffing and training  Summary of CAB Ordinance changes o Chair is appointed by Commission. This reflects a change from earlier drafts of the ordinance. o Any member who declares candidacy for any elected office wil1 be immediately disqualified and a new member will be appointed by the Commission. 1. Change is not retroactively disqualifying 2. Definition of elected office covers anything governed by Board of Elections but would also reach other positions o No discussion shall occur without a quorum present and a majority vote, to wit: four votes are required for any action to be taken. 1. Board members expressed disagreement with four vote requirement to the extent that it could limit ability to operate when CAB board positions are unfilled. Concern from Shannon Isom that CAB could be face months where it either cancels meetings or convenes but is unable to take action. Concern that CAB could be rendered ineffective like previous Citizens Appeal Board. Response that intent is that Board operates by majority of full positions. 2. Board may request the Independent Accountability Auditor review appeals that theBoard identifies as in need of audit; however, once the Board hears an appeal, the Board may only request that the Independent Accountability Auditor review the appeal for the purpose of recommending policy changes a. Board discussion around role of IAA. Lack of clarity regarding authority of the Board and its relationship with IAA. Training  is needed. IAA Ordinance provided to CAB. Questions regarding why IAA ordinance is not in the R.C.G.O. Discussion that many resolutions and ordinances are not in R.C.G.O. b. Does IAA attend monthly meetings? 3. The Human Relations Council Staff and the CAB through the Secretary shall consult with the City Attorney's office as needed when legal questions arise related to procedure, legal standards, or statutocy and policy interpretation c. Previous version of 34.49 provided for a Legal Advisor. New version provides for a community appeals board secretary with various roles and functions and for that secretary to work with and through the city of Dayton law department when legal questions arise related to procedure, legal standards or statutory and policy interpretations. d. Board seeks clarity on process for requesting appointment of outside counsel 4. When a Community Appeals Board complaint relates to a criminal, civil, or administrative proceeding where the City of Dayton or its officers, employees, or agents are a party, the Community Appeals Board shall immediately stay this appeal process while any suit or proceeding is pending. The prosecution of a criminal proceeding by the City of Dayton does not invoke a stay of this appeal process unless the defendant is the City of Dayton or an officer, employee, or agent of the City of Dayton.  Approval of CAB By-laws o Board reviewed updates to by-laws o Discussion regarding process for issuance of letters. 1. Board will vote on hearing outcomes during hearing and provide broad guidance. Draft will circulate based on that guidance and be approved by Board following discussion at next meeting in order to allow for greater discussion. 2. Informal Letter will be replaced with detailed summaries of discussions.  a. Question regarding how minority of Board members express their concerns and recommendations. o Bylaws subcommittee will reconvene  Update on Responses from Commission o Commission response to Ry-Ann Johnson, CAB Case No. 2023-03 pending  Draft of Annual Report o Board vote to approve current iteration of City of Dayton Community Appeals Board 2023 Annual Commission Report. Motion by Shannon Isom. Seconded by Dr. Howard Jordan. In favor: Catherine Hall, Stanley Hirtle, Dr. Howard Jordan, Shannon Isom. Motion passes. Annual Report will issue once Commission feedback on Ry-Ann Johnson, CAB Case No. 2023-03 is received. V. Announcements  March meeting of the Community Appeals Board will be rescheduled to March 12, 2024 at 5:30 p.m.. Location to be determined. VI. Adjournment