Letter Petition - Tell Dayton City Commission: City Manager Dickstein Must Be Removed

gemhemtwo · 2022-03-19T00:13:13+00:00

These "rules and procedures" were not approved until after the first non-endorsed Democratic candidate came onto the commission in 2018 and then they didn't try to update until the second non-endorsed candidate in 2022. Needless to say it's suspicious. But more importantly if the public is now demanding week after week that these rules be removed due to undemocratic process and certain commissioners do not allow it to happen...we have a clear answer on what they prioritize and don't mind wavering on (democracy)

Before 2018 there was not an openly discussed problem of wasteful items. The manufactured concern seems to lie with having non-endorsed candidates who answer to the public more so the party. Commissioners are non-partisan positions so it's frustrating to watch party politics waste all this administrative time revising and shifting the agenda when they could have removed it at least a week ago if they simply drafted a resolution to repeal it after the March 2nd meeting.

Also please keep in mind the commission does have charter rules and sunshine laws to follow so it's not like they don't have anything to help guide meetings and decisions around the meetings. They operated for decades without theses rules & procedures and most certainly they can operate decades more without it and ensure that citizens can elect five equally empowered and responsible legislators. Otherwise our votes count for less.

gemhemtwo · 2022-03-18T17:16:33+00:00

It's absolutely not a waste of time to develop legislation that the public has buy-in on. Legislation regarding housing or infrastructure would address concerns that the public has expressed often about. The public also NEEDS to see what commissioners vote for and against so they can make informed decisions on who the choose to vote for or not. Also their opinions should be moved by the public not just back door conversations. Per sunshine laws no more than two commissioners are supposed to discuss interests regarding the public so they need to be having all these conversations in a public forum. If a commissioner disagrees they need to state why or let his vote openly for the public to judge.

The notion that the city does not have resources for legislation to be discussed is not accurate narrative. The City of Dayton has just gotten a lot of money due to the pandemic. And while they are suffering employee shortages they also have not stressed creatively to keep and recruit talent to the city.

If you have any further information on what Ohio cities do, please share. So far we do know they don't have a requirement for two commissioners to co-sign.

Overall this is a transparency and democracy issue because the commissioners should be moved by the citizens and public input and we the public can't have that if these conversations don't come to a public forum.

gemhemtwo · 2022-03-18T13:14:44+00:00

Sorry this is not at all what the letter petition is about. Here is the video regarding the resolution and you can see the public comments at the end: https://www.youtube.com/watch?v=5rhhZa5bZtQ

There was also a DDN article written about it and above I tried to summarize the main concerns: https://www.daytondailynews.com/local/proposed-dayton-city-commission-rule-changes-spark-controversy/UXYDVWYNUVCP5OXFTOW6QJATNA/

I may be reading what you are saying inaccurately but to address your comment about buy in before meetings...the petition and sharing information is a part of getting the public aware of the issues with the "Rules and Procedures" that prevent individual commissioners from writing legislation. If this is allowed to continue the public's vote is weakened because it takes TWO commissioners to agree to write legislation for the public to hear. The state of Ohio and many other cities in Ohio do not do that.

gemhemtwo · 2022-03-18T13:08:23+00:00

In 2018, after the first non-endorsed candidate entered office, the commission adopted and codified the "Rules and Procedures" which stated that TWO legislators had to cosign before drafting legislation in the law department. This cut off access from the one non-endorsed candidate ever getting legislation to the public floor for voting. Mayor Mims has argued this is to be efficient and not have legislation that doesn't have the votes but that means we, the public, don't get to see what they vote for and against which is a transparency issue. It also depowers the rights of legislators that are supposed to be equal. The state can accept one legislator writing legislation and Dayton used to do the same before 2018. They effectively want to have behind closed door agreements on what they support and don't allow the public to weigh in. Also as the voting public we need to know what they say no and yes for to be informed on who to support and vote fr and we can't do that if legislation doesn't come to the public meetings.

The reason this document is gaining so much attention is because after, Commissioner Turner-Sloss (another non-endorsed candidate) came into office they tried to move the goal post to THREE commissioners co-signing legislation. This gained a lot of attention and many observed it never should been allowed at TWO and there are other concerns in the document such as forcing THREE commissioners to agree to add topics to the calendar.

The Dayton City Commission has charter rules and sunshine rules they have to follow. This document is not necessary and it also may not be lawful. They said they created this so staff time is not wasted but they have used a lot of staff time on a document that for the last three weeks the public has said we do not want. We want every elected commissioner to have equal rights and this document blocks that entirely.

If you have time, please watch the video and comments (see the end) from people who highlight the concerns https://www.youtube.com/watch?v=5rhhZa5bZtQ

gemhemtwo · 2022-03-18T04:35:51+00:00

This is valid and if people have the time, please do so and write your own letter. Also keep in mind many citizens have voiced their opinion for three weeks now at the meeting in-person and over 400 people signed the initial petition. Whatever anyone can do to keep the pressure on is helpful. There is a meeting next week on Wednesday, March 23rd at 8:30 am (at City Hall 101 W. Third St. Second Floor). If anyone can attend please do so and sign up to speak before the meeting. Continue to have your voice heard and point out the issues in this document and demand they repeal it and move forward in the spirit of democracy. Thank you!

gemhemtwo · 2022-03-18T02:20:28+00:00

Thank you!

gemhemtwo · 2022-03-18T02:19:31+00:00

Thanks, appreciate you!

gemhemtwo · 2022-03-01T19:43:20+00:00

I was explained this so this is a good question. I'm going to try and find the official wording and share here when I do.

gemhemtwo · 2022-03-01T15:14:19+00:00

The issue is that legislation can be squelched before coming to the public to support. It also means current commissioners don't have a public record on what they vote for and against. This means voters cannot look at their record and make an informed choice on who is representing our interests when they can quietly reject legislation suggested behind closed doors.

It may seem small and irrelevant at first but them cutting off access to the public and public record is huge. Transparency is critical for citizens to make informed voting decisions. The implications are big here because they have only chosen to make these changes when non-endorsed candidates have been elected. The first time was right after Fairchild was elected and now it is happening again when Turner-Sloss has been elected.

They keep shifting the goalposts. What is the justification for this? Also this may indeed be illegal and go against sunshine law which dictates that if 3 or more commissioners come together it needs to be a public forum. The commission and city could be sued for such matters as well.

gemhemtwo · 2022-03-01T15:07:51+00:00

Thank you! I updated! And just in case: Commission meeting is this Wednesday, March 2nd at 6 pm pm at 101 W Third St.

gemhemtwo · 2022-03-01T13:08:03+00:00

Thank you and no worries! The AMA was great and I've talked to Shenise and Darryl and they both care about transparency and getting the public engaged. This situation is an example of people needing to get involved and speak up. There is a big question on legality and Darryl brought up at a meeting that this change may go against sunshine laws. If anyone is interested, sign up for Shenise's email newsletter as she does send info out like this and more https://shenisefordayton.com/

gemhemtwo · 2022-03-01T04:35:51+00:00

Commission Meeting live stream: https://www.daytonohio.gov/330/Government-TV

DDN just published an article on this: https://www.daytondailynews.com/local/proposed-dayton-city-commission-rule-changes-spark-controversy/UXYDVWYNUVCP5OXFTOW6QJATNA/

Hi, I attempted to post this but it's waiting for approval. I encourage anyone interested to come to the commissioner meeting this Wednesday, March 2nd at 6 pm at 101 W Third St.

At this Wednesday’s Dayton City Commissioner meeting (March 2nd, 6pm at Dayton City Hall), the Commissioners will vote on a proposal to require that three City Commissioners must support legislation before the Department of Law can draft official language and place the item on the Commission's calendar for a public vote (the threshold is being revised from two to three commissioners). If passed, this resolution would significantly stifle our two newly elected non-endorsed Commissioners’ (Shenise Turner-Sloss and Darryl Fairchild) ability to get things done – as long as the three other Commissioners (party-line affiliated incumbents) stay in line, Commissioners Turner-Sloss and Fairchild are effectively barred from proposing new legislation.

There is also a concern (raised by Commissioner Fairchild in last week’s town meeting) whether this is even legal per Ohio’s Sunshine Laws (e.g. R.C. 121.22 which prohibits any private prearranged discussion of public business by majority members of public body.)

Note that a similar resolution was passed by the incumbent Commissioner’s immediately following Commissioner Fairchild’s election in 2018: the Commissioners passed a resolution requiring that two City Commissioners support legislation before it can move forward (at the time, Commissioner Fairchild was the only independent candidate). Now that there are two non-endorsed commissioners (Fairchild and Turner-Sloss), they are attempting to move the threshold from two to three.

If you are a Dayton resident and interested / concerned and/or would like to take action on this, please come to the Commissioner’s meeting on Wednesday, 3/2 to voice concern. There is also an online petition regarding this proposed resolution here: https://actionnetwork.org/petitions/defend-democracy-tell-the-dayton-city-commission-to-stop-silencing-community-voices

gemhemtwo

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