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But, I had no idea of the depth of the frustration that
was dwelling in some people who were flummoxed by the torpid
acts of the Super Six to the economic plight of residents in
what is described as the "central" or "inner" city of
Toledo.
I was alerted to this breaking news when I checked my
smart phone for local news and POW!...there it was.
This is what I read:
" A secret, civil, grand jury was convened in Toledo
regarding allegations of misfeasance of the mayor and
several council members as to their actual or perceived
inability to develop a strategy for the development of
economically depressed areas."
I must confess that as a lawyer, I had no idea such a
civil grand jury could be convened simply by a signed
petition of 200 registered voters and such a petition would,
by law, require the city prosecutor's office to present
evidence against the mayor and the other minority members.
I learned that a Mr. Arnold Cranby, a lifelong resident
on Batavia Street, initiated this petition drive. He
comments to me were, "Enough is enough...do something!"
So, I went to the city prosecutor's office and obtained a
copy of their mandated authority to convene such a secret
civil grand jury and the enabling city legislation that
would allow such charges against the mayor and the other
"Super Six" members.
This is what I found in the Toledo Municipal Code and
the code section that originated in 1959 through the
Herculean efforts of Toledo's first minority vice mayor, the
now deceased attorney and civil rights legend, J.B. Simmons
Jr.
It appeared from the commentary explaining this code
section that it was enacted to make sure that city funds
were fairly apportioned to all sections of the city and if
not, a secret civil grand jury could be convened and civil
charges could be brought against the mayor and city council
for failing to do their sworn duties.
Again, I had no idea such an arcane municipal code
section even existed, but here it is under the Section
entitled: CITY FUNDING AND MUNICIPAL DEVELOPMENT:
T.M.C. section 403.21(A)(1)(c):
BE IT ENACTED THAT:
The elected Mayor of the City of Toledo and City Council
shall be empowered to allocate city general funds in such a
manner that each
section of the City of Toledo is empowered to develop
economic plans that will cause such affected section to
achieve reasonable equalize economic parity with other
sections of the City of Toledo without regard to race or
ethnic backgrounds of the affected citizens in that section
of the City of Toledo.
The mayor and city council are to be affirmative in
continuously monitoring the
expenditure of said city funds to insure that the goals of
this endeavor are met and they shall do so with reasonable
dispatch.
SO RESOLVED AND AFFIRMED ON THIS 19TH day of March 1959.
The failure of the mayor or city council to
affirmatively undertake such programming and planning shall
cause the city prosecutor to convene a civil grand jury for
purposes of taking testimony from the affected citizens and
the said grand jury, if so advised, shall issue summons and
subpoenas to advance the intent of this section.
The penalty for willful violation of this code shall be
a misdemeanor of the first degree and a personal fine
against the mayor and each negligent member of city council
of one thousand dollars. No jail time shall be imposed for a
violation of this section.
Continuing disregard the implementation of this section
shall cause a daily fine of
one hundred dollars against said persons until a plan has
been implemented and voted in the affirmative by city
council and the mayor.
CIVIL GRAND JURY INDICTMENTS:
Count One:
The Mayor has willfully failed to execute the functions of
her office by
her continuing disregard for the implementation of T.M.C.
403.21(A)(1)(c) and as amended.
Count Two:
City Council person, Tyrone Riley has willfully failed to
execute the functions of his office by his continuing
disregard for the implementation of T.M.C.
403.21(A)(1)(c) and as amended.
Count Three:
City Council person, Theresa Gabriel has willfully failed to
execute the
functions of her office by her continuing disregard for the
implementation of T.M.C.
403.21(A)(1)(c) and as amended.
Count Four:
City Council
person, Larry Sykes has willfully failed to execute the
functions of his office by his continuing disregard for the
implementation of T.M.C.
403.21(A)(1)(c) and as amended.
Count Five:
City Council
person, Cecelia Adams has willfully failed to execute the
functions of her office by her continuing disregard for the
implementation of T.M.C.
403.21(A)(1)(c) and as amended.
Count Six:
City Council person, Yvonne Harper has willfully failed to
execute the functions of her office by her continuing
disregard for the implementation of T.M.C.
403.21 (A)(1)(c) and as amended.
So Signed:
_________________________________
Mark C. Canterbury, jury foreman
I was personally embarrassed that, as a lawyer, I was in
the dark as to even the existence of this code provision and
then realized that under the commentary section of this code
section, it was vigorously championed by the late J.B.
Simmons Jr., to make sure that a mayor or a urban city
council would not be reticent or timid in making a stance
for citizens that could not speak for themselves.
This code section gave them "cover" so that they could
be progressive and creative in spreading out city funds or
being proactive without censure. What vision this man had!
Nationwide, when this news hits social media, I
will expect a firestorm of interest to see what, if
anything, the mayor and the council persons will do in order
to either exonerate themselves or deflect attention away
from their lackluster record of being champions for, "the
least of these."
Contact Lafe Tolliver at
tolliver@juno.com
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