When adherence to the Dayton City Charter is optional

by David Esrati on October 20, 2012

in Dayton Government

From the Dayton City Charter, Section 38, part 4:

B) For each absence of a Commissioner from a regular meeting of the Commission, unless authorized by a majority vote of all members thereof, there shall be deducted a sum equal to one  percent  of  the  annual  salary  of  such  member.  Absence  from  five  consecutive  regular meetings shall operate to vacate the seat of a member unless such absence be authorized by the Commission.(Amendment adopted by voters, 6-3-75; 11-2-82)

Commissioner Dean Lovelace, is once again MIA for an extended period- going back to August 22, 2012. Apparently, he fell, injured his side that was already paralyzed from the stroke he had several years back. The commission has been excusing his absences over and over, meaning his pay isn’t docked, nor are his duties being performed.

The citizens are getting shortchanged on representation and on their tax dollars.

Considering the maniacal attention to the charter when it comes to the standards for getting elected, why the lax enforcement of it when it comes to Commissioner Lovelace. It’s time for an investigation and a special election.

Had this been Gary Leitzell, the four democrats would have been calling for his vacating of the seat- and Nan Whaley would be proclaiming herself mayor.

Dean never would have been elected had it not been for him switching from a regular election to a special election. Of course, once you’re elected, it’s hard to be sent packing. It’s time to either abide by the charter- or admit it’s all a farce and carry on, but someone needs to ask why the Commission isn’t demanding his return or his resignation.

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{ 13 comments… read them below or add one }

Hall October 20, 2012 at 9:49 am

Aren’t you going to say it? They’re letting him slide and it’s related to a retirement benefit, isn’t it?

Brilliant or Bozo? Thumb up 4 Thumb down 0

truddick October 20, 2012 at 10:03 am

From what you’ve written here, Lovelace has a qualifying disability under Federal law.  How does that impact the decision-making?  Is Lovelace expected to recover and resume his regular duties/  A lot here we don’t know. 

Brilliant or Bozo? Thumb up 1 Thumb down 0

larry sizer October 20, 2012 at 11:39 am

Good job David, keep up the Watch Dawg work!

Brilliant or Bozo? Thumb up 2 Thumb down 1

Donald Phillips October 20, 2012 at 3:35 pm

Hidden due to low comment rating. Click here to see.

Poorly-rated. Bozo: Thumb up 1 Thumb down 7

bobby October 20, 2012 at 11:49 pm

Not Dean, There is anotherr public servant that has his small income ( CITY INCOME ) garnished as his/her percentage, about $269  a week, from the City of Dayton.

Guess who ? ………….He runs a bank,

Brilliant or Bozo? Thumb up 0 Thumb down 0

Jamie McQuinn October 24, 2012 at 9:24 am

In 1962, City Councilman David Pottinger disappeared for 6 weeks. after three unexcused absences he was expelled from the City Council. As it turned out, he ran off with the babysitter… but that’s another story…

https://www.facebook.com/photo.php?fbid=424214924304005&set=a.418079008250930.94981.217851641607002&type=3&theater

Brilliant or Bozo? Thumb up 2 Thumb down 0

David Esrati November 5, 2012 at 6:02 pm

Dayton Daily news finally picked up the story after Gary Leitzell voted to NOT excuse Lovelace: http://www.daytondailynews.com/news/news/city-explores-telecommute-options-for-commissioner/nSxzK/?utm_source=dlvr.it&utm_medium=twitter
Joseph and Whaley make excuses.

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Hall November 5, 2012 at 6:33 pm

Clearly, rules are made to be broken!

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David Lauri November 5, 2012 at 8:11 pm

Considering that over 70% of voters in the 2011 Dayton City Commission election cast ballots for Mr. Lovelace, I’d say that trying to have him removed from office for being unable to fulfill his duties is a losing battle.
 

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David Esrati November 5, 2012 at 9:31 pm

@David Lauri- the opposition was William Pace and Mark Manovich- hardly a race.

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David Lauri November 5, 2012 at 10:08 pm

Yes, well even in a competitive race back in 2003 (when incumbent Bootsie Neal was defeated), 60% of voters cast ballots for Mr. Lovelace.  The plain and simple truth is that the vast majority of Daytonians don’t care at all whether Mr. Lovelace can make it to commission hearings.
 
You’re not going to get his fellow commissioners not to excuse his inability to serve, and even Mayor Leitzell wants to find ways for him to participate in commission hearings without being physically present. That I don’t care for Mr. Lovelace is no secret, but I think you have as much chance to get him removed from office as does the lowest vote getter in that 2011 city commission race of winning a seat tomorrow on the county commission.

Brilliant or Bozo? Thumb up 1 Thumb down 0

Tira B March 16, 2013 at 6:15 pm

I’m new to Dayton (4 months). Don’t you guys have to vote for these people? If any of them are not living up to their expectations, why are you guys voting for them? Lets come together and bring in people that will work for our city instead of complaining about who isn’t working.

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David Esrati March 17, 2013 at 3:36 pm

@Tira B, welcome to Dayton- home of back room politics. It’s hard enough to get on the ballot, never mind unseat an incumbent. I’m running for Commission for a good reason- but, Dean’s seat isn’t up for 2 more years.

 

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