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Community Reacts to Proposed Changes to Board of Community Relations By-Laws

By Fletcher Word
Sojourner’s Truth Editor

The City of Toledo Board of Community Relations exists, according to its mission statement in part “to create a harmonious environment.” Lately harmony has been a missing ingredient in the environment surrounding the decades-old board.

Recently the City of Toledo’s Law Department has reviewed the by-laws for the BCR and submitted some changes that Mayor Paula Hicks–Hudson and others in her administration will be reviewing and possibly forwarding to Toledo City Council for their input.

The two key elements in the Law Department’s proposals are a change in the way the executive director is appointed and the BCR’s access to outside legal counsel. Currently the executive director is appointed by the city’s mayor on “the recommendation of the Board” and serves until “removed by the Mayor on the concurrence of the majority of the Board.”

The Law Department has recommended that the Board be omitted from the process and that the decision be made by the mayor alone. In addition, the Law Department has also proposed that the executive director’s salary, and the salary of other Board employees, shall no longer be “fixed by Council.” This proposal would place the executive director completely under control of the mayor.

As for outside legal counsel, currently the Board has the ability “to retain … independent legal counsel aside from the City Law Department  whenever the City or any of its officers or agencies is a respondent before the Board or is in an adversarial relationship with the Board.”

The Law Department has proposed that that authority be eliminated altogether.

The thrust of the Law Department’s proposed changes go to the heart of the independence of the Board of Community Relations to the delight of a few and the consternation of many.

“The Board of Community Relations has been basically autonomous,” said Toledo Councilwoman Cecelia Adams, PhD. “I don’t understand why these changes are being proposed at this time or why they need to be made. An autonomous group is more capable of being unbiased and objective. It could lose its objectivity if it reports to the administration.”

“My hope is that this community understands and supports the importance of keeping this Board independent,” said Lisa Canales, vice president of the Washington Local Board of Education; chairman of the Hispanic Affairs Commission for the City of Toledo; president of the Lucas County Hispanic Democratic Caucus and board member for the Ohio Hispanic/Latino Democratic Caucus. “This Board should always remain a voice for all Toledo citizens and not of any particular race or political party.”

As a number of observers note, the key to the BCR’s success in being able, as its mission statement says, to “intervene in conflicts and disputes by providing investigation, facilitation and mediation services,” is its independence from the other parts of the City government.

Decades ago, a number of community leaders pulled together to ensure that the BCR remained independent as a counterbalance to whatever the prevailing winds might sweep into elected office at the executive and legislative levels.
 


Toledo Councilwoman Cecelia Adams, PhD.


Mayor Paula Hicks–Hudson


Lisa Canales, vice president of the Washington Local Board of Education


Executive Director Linda Alvarado-Arce

“Because we didn’t want the administration to get into the Board,” said Floyd Rose from his current home in Valdosta, Georgia. Rose was one of those who fought to ensure the independence of the Board years ago. “What would be the value of the Board now if any decision they make could be vetoed?” he asked of the possibility that such independence could be lost. “How is robbing the board of its independence going to solve anything?”

It’s a sentiment echoed by others who were part of the struggle for Board independence in the 1960’s in the aftermath of riots that devastated the central city.

“We were working to resolve race issues,” said community activist Bernard “Pete” Culp of the reason the Board’s independence has been so important in the years since. “Independence is very key when we are trying to resolve issues of race relations.”

City Councilwoman Theresa M. Gabriel, another veteran of those days, also spoke of the need to maintain the Board’s independence. “Times have changed but we still have some volatile issues between the races,” said Gabriel. “I do not support or agree to decomposing the BCR.”

The current full name of the Board is the Board of Community Relations and Affirmative Action. The Law Department has proposed dropping the Affirmative Action part of the name and, in fact, there is now a separate city government department responsible for the internal monitoring of issues related to hiring and equal treatment of employees.

Mayor Hicks-Hudson is mulling over the Law Department proposals noting that the changes have not come from her or her office.

“I want to hear from members of the Board and get their input,” she said. “That’s the way it should probably work and should be submitted to Council.”

Hicks-Hudson did note that she feels that the procedure for the appointment of the executive director should probably not be changed – that is, appointed by the mayor with the recommendation of the Board.

She is not yet as sure about the elimination of the Board’s access to outside legal counsel. “That historically made sense when the Board of Community Relations and Affirmative Action were together,” she said. “I am not sure how important it is to have access to outside counsel given the current situation.

Part of that current situation, the mayor said, is the fact that the Board was originally “a creature of City Council under a city manager form of government.” Now that a strong mayor form of government exists, said Hicks-Hudson, “the whole idea is to update the by-laws to follow in line with the structure of the city charter.”

The proposed change to the Board’s by-laws are part of a regular review prescribed by the by-laws themselves. A section requires a review once every five year primarily to ensure that the racial and gender representation of the 26-member board reflects that of the community.

The Board members, through the office of Executive Director Linda Alvarado-Arce has also forwarded its own recommendations on proposed changes. Of overriding concern, said Alvarado-Arce, is ensuring that the board incorporate those of the disability community and the LBGTQ community.

However, Alvarado-Arce expressed concerns about the two key changes proposed by the Law Department. It’s important, she said, “to have an outside voice” and that an executive director “doesn’t have to worry about being fired without cause by the mayor.”

It’s also important, said Alvarado-Arce, for the Board to be able to hire outside counsel. She referenced the Flint, MI water situation as an example of when a Board such as hers would want to reach outside of a city’s law department in order to investigate such an occurrence.

As she spoke of the overall value of the Board with its current independent status, Alvarado-Arce noted that such status enabled the Board to reach out to the community in ways that otherwise might not exist with a Board constantly seeking approval from the administration.

“We’ve been able to bring protesters into the mainstream,” she says of the Board’s efforts to work with the BlackLivesMatter movement and the LGBTQ community. “We are able to do something most cities struggle with; we are able to be proactive not reactive.”

Over the next few days and weeks, the mayor’s administration will be reviewing the changes proposed both by the Law Department and the Board while seeking further input from Board members.

“I worry about changes without any justifiable cause,” said Councilwoman Adams summing up the concerns many in the community will have about altering the nature of the Board of Community Relations.

   
   


Copyright © 2015 by [The Sojourner's Truth]. All rights reserved.
Revised: 08/16/18 14:12:41 -0700.


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