Sharpen your pencils and get ready for some close — and contested — readings of the city charter and code of ordinances, in an ongoing legal case that may influence who helms the police department.
That call to local constitutional arms, so to speak, was issued Friday afternoon during a brief procedural hearing in the ongoing state court case of Bosie Kimber v. Renee Dominguez. The virtual hearing was video-streamed live on YouTube.
The case involves the mayor’s interpretation of the city charter in his choice to keep Dominguez in an interim/acting role as chief after the Board of Alders rejected her nomination.
“It’s a fairly complicated matter,” Assistant Corporation Counsel Blake Sullivan, who is representing the city Interim Police Chief Dominguez in the case, told state Superior Court Judge Michael Kamp during the hearing.
“It’s going to involve interpretations of the charter and city ordinances. We’re anticipating there will be some briefings required.”
OK. Maybe not the most dramatic of legal-gauntlet throwing.
But the case itself promises to dive deeply into contested and ambiguous sections of city law.
The only outcome of Friday’s hearing was that Kamp ordered Sullivan and plaintiff’s attorney Jerald Barber to file briefs and a stipulation of facts before over the next couple of weeks in the run-up to the next hearing in the case, which is scheduled for April 13.
The lawsuit that sparked the court case was filed by Kimber, a Newhallville minister and activist, and Barber in early January.
The lawsuit alleges that the Elicker Administration and Dominguez have violated the city charter by keeping Dominguez in place as acting chief indefinitely, even after the Board of Alders rejected her nomination last November. (The city has subsequently hired a California-based police chief search firm to help find a new permanent replacement for Dominguez. Dominguez, in turn, has said she will stay at the helm of the department until her replacement is found.)
Kimber and Barber cite one section of the charter and one section of the city Code of Ordinances in particular to make their case for why the city has allegedly violated its own laws.
The city has not yet filed an legal “answer” to the lawsuit. Kamp ordered Sullivan to do that by next week.
The relevant section of the charter is Article IV. Section 1(A)(3). That states: “Other than to membership on a Board or Commission, the Mayor may designate an individual to hold a position in an acting capacity pending the selection of a nominee, but no person may hold such a position for more than six (6) months without being submitted for confirmation by the board.”
The lawsuit also quotes Section 2 – 304 of the city Code of Ordinances, which states:“No person may serve in a temporary employment position with the city beyond one hundred eighty (180) days.”
Kimber and Barber have argued in that Dominguez has no legal right to continue in the role as acting chief because she has been in charge of the department in an acting capacity for more than six months.
In previous interviews and public statements on this matter, Elicker has argued that he is legally clear to keep Dominguez in the role as acting chief even after that six-month time period has run out because all the charter requires him to do is submit her name for confirmation by the Board of Alders within that period.
Stay tuned…
There are simply some things in life that just make common sense.
It makes sense to keep the current acting police chief in place until a permanent chief is selected. She has been doing the job, has long term experience on the force, & knows the city & its people. She has wide support from the police officers, & considerable support from residents.
If the PEOPLE directly decided who would have been selected chief, Dominguez would have been their choice. The problem is the aldermen rarely consult with their constituents about what they want, EVEN THOUGH the aldermen are SUPPOSED to represent the people!
THAT is how representative government is supposed to work! The aldermen didn't even have the courage to do a role call vote to go on record so their constituents would know how they voted on the mayor's appointment of Dominguez.
Dominguez was pushed out if consideration by the BOA, certain individuals, a group of black ministers who do not represent the entire black community, & certain local media which joined the opposition by spreading doubts and distortions about Dominguez's commitment to this city.
Racism and sexism played a role in Dominguez's decision to withdraw her name from consideration. If she was black she would be chief right now!
This Kimber lawsuit makes no sense. The cries for a national search made no sense. Both of these things are a gross waste of our tax dollars which could be used for more important city needs.
Advocates of this case and the search, largely pushed by Kimber and his miniscule ministers group, should pay for both!
In the long run we shall all see that it would have been much more cost effective for the city to have kept Dominguez. She had risen through the ranks, did an effective, efficient job at a very challenging time, and was supported by most of the NHPD!
Many seriously doubt any outsider could do better!
There are different views in this city about this matter, but everybody's voice was not heard. But we will all pay!