Sunday, May 19, 2013 | 2:26 p.m.
Hi, (not you?) | Member Center | Sign Out
Posted: 3:50 p.m. Tuesday, Nov. 6, 2012
By Doug Page
Staff Writer
DAYTON —
Commissioner Dean Lovelace will have to be physically present to take official part in any City Commission meetings, according to an opinion from the the city attorney released on Tuesday.
The opinion puts to rest Mayor Gary Leitzell’s suggestion that Lovelace attend meetings by teleconference or computer as he recuperates from a fall. The mayor is continuing to push for a policy to deal with long-term absences.
Lovelace, 66, has missed 11 consecutive meetings since summer. Previously, Lovelace — the longest serving commissioner in Dayton history with 19 years — was sidelined for nearly a year following a stroke in 2008.
“I plan to fill out my term as soon as I can walk.” Lovelace said Monday, adding he hopes to be back at commission meetings before the end of the year. He was re-elected to a sixth consecutive 4-year term last year. His term ends in 2016.
Lovelace did not respond Tuesday to a telephone message.
The City Charter allows the absence to be excused by a majority of the commission, which the commission has done 11 times. The charter requires any commissioner who has five consecutive unexcused absences be removed from office and the seat filled by special election.
“What I’m trying to do is provide commissioners with an opportunity to address an issue that should have been addressed three years ago,” Leitzell said Tuesday. “I have nothing against Commissioner Lovelace … But now is the time to address the question: At what point will the commission decide that excusing the absences cannot be sustained?
“What if a commissioner is in a coma? I am sure there will be discussions of this at (today’s) commission meeting.”
Leitzell asked City Manager Tim Riordan two weeks ago to research what, if any, legal roadblocks might exist to his suggestion.
John Danish, city attorney, wrote in a memo to Riordan that the charter specifies all commission meetings are open to the public in compliance with the state’s Sunshine Law. That law specifies “(a) member of a public body shall be present in person at a meeting open to the public to be considered present or to vote.”
“His (Lovelace’s) ability to influence his colleagues is what is missing,” Leitzell said. The mayor suggested Lovelace could still fulfill his role in personal conversations. “He certainly can have a dialogue that could influence how I might vote.”
The commissioners approved the first 10 absences unanimously. Last week Leitzell voted against excusing Lovelace, asking the commissioners to come up with a policy for long-term absences.
Commissioner Nan Whaley asked for an explanation for the mayor’s vote at the meeting, noting Lovelace’s long service to the community.
Tuesday, Whaley said she would continue to vote to excuse Lovelace’s absences. “He has fallen ill and I will respect the time he needs to get better.”
The four commissioners earn $36,878 annually; the mayor $44,824. The City Commission this year reduced their five salaries by 1.2 percent, the equivalent of the three cost-savings days, or furlough days, required of other city employees. The mayor and commissioners are considered part-time positions.
Inside Dayton Daily NewsFollow & ShareGeneral InformationAdvertisers & SponsorsOur Partners |
© 2013 Cox Media Group. By using this website,
you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices
.
Already have an account? Sign In
{* #registrationForm *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *}Already have an account? Sign In
{* #registrationFormBlank *} {* registration_firstName *} {* registration_lastName *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddressBlank *} {* registration_birthday *} {* registration_gender *} {* registration_postalZip *} {* traditionalRegistration_passwordBlank *} {* traditionalRegistration_passwordConfirmBlank *} {* agreeToTerms *}We have sent you a confirmation email. Please check your email and click on the link to activate your account.
We look forward to seeing you frequently. Visit us and sign in to update your profile, receive the latest news and keep up to date with mobile alerts.
Don't worry, it happens. We'll send you a link to create a new password.
{* #forgotPasswordForm *} {* forgotPassword_emailAddress *}We have sent you an email with a link to change your password.
We've sent an email with instructions to create a new password. Your existing password has not been changed.
To sign in you must verify your email address. Fill out the form below and we'll send you an email to verify.
{* #resendVerificationForm *} {* resendVerification_emailAddress *}Check your email for a link to verify your email address.

You're Almost Done!
Select a display name and password
{* #socialRegistrationForm *} {* socialRegistration_displayName *} {* socialRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *}Tell us about yourself
{* registration_firstName *} {* registration_lastName *} {* registration_postalZip *} {* registration_birthday *} {* registration_gender *} {* agreeToTerms *}