It didn't take long, not even a week, and already Chris Smitherman has committed his first offense of Grandstanding in his term as a Cincinnati City Council member.
Smitherman is all in a tizzy because a majority of Council has approved a council rule removing a 90 day requirement for putting ordinances on the Council calendar. Smitherman is upset because a majority of the council voted. This would be a majority of the elected representatives of the people of Cincinnati. They voted to establish their own rules, as provided by the City Charter which operates legally under State law. Smitherman is "threatening" to sue.
According to the article, I think I can take the quote off the word threatening because it states that unless council votes his way, he will sue. That sounds like a form of extortion, but in political activities you can get away with more than the average person.
I do question Smitherman, as a member of Council, taking legal action with any indication or standing as a member of the City Government without use of the City's legal representative. If he, as he threatens, gets his right wing zealot attorney, and anti-gay bigot, Chris Finney to sue the city, I'd like to know what standing Smitherman is planning on using. Also, who would pay Finney's fees? If any legal fees ever go to any non-city lawyer suing on behalf of Smitherman on a city issue, the fees should come from Smitherman's budget.
Section 5a of Article II of the City Charter states "The Council shall organize itself and conduct its business as it deems appropriate...." That's what they did with a 5-3 vote (one member was absent.)
Section 2 of Article III of the City Charter state "The Mayor shall preside over all meetings of the council, but shall not have a vote on the council."
What is he going to sue over? The City Charter was followed. This is Democracy in action.
Smitherman better get used to not getting his way on council unless he can get 5 or for veto-overrides, 6 votes on an issue. He can't act like a child and threaten to sue over everything, especially when he has no grounds for a law-suit. He can complain about the rule, but using threats to change the minds of his fellow members of council isn't going to win many (no one) over.