CINCINNATI — Cincinnati's city solicitor has rejected demands from a former state representative to stop the community workshops focused on the sale of the Cincinnati Southern Railway.
In a demand letter to City Solicitor Emily Smart Woerner, an attorney for former Republican lawmaker Tom Brinkman alleges the workshops and the city's "Cincy on Track" spending plan violate the city charter ban on using public money for the passage or defeat of a ballot issue.
The city manager presented the plan for spending the proceeds of the proposed sale of the railway to Cincinnati City Council's Budget and Finance Committee earlier this month. The city also announced it would host three community workshops "to inform the public about the potential sale of the Cincinnati Southern Railway and learn more about community budget priorities," according to a press release.
According to a release from the city, attendees will be asked to participate in activities to provide feedback about infrastructure needs and identify which projects are important to them.
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In his letter, Brinkman's attorney says the spending plan and public meetings scheduled ahead of the Nov. 7 election "are tied directly to the on-going vote on Issue 22 and, in turn, violate Article XIII, Section 3 of the Cincinnati City Charter."
"The timing of these activities, together with the lack of any objectivity therein, clearly support the conclusion as to their singular purpose, i.e., to support and advance the passage of the ballot issue on the proposed sale of the Cincinnati Southern Railway," the letter says.
The letter also notes that Mayor Aftab Pureval's re-election campaign manager is the treasurer for the railway sale campaign, as reported by the WCPO 9 I-Team. Brinkman has said he has no problem with Pureval's connection to the campaign, but the letter says the other actions by the city "clearly fall afoul of the prohibition."
Woerner said in response that the community meetings "come in response to multiple requests from the community" and do not violate the charter.
"You are wrong on the law, and my office will take no part in muzzling city officials and depriving citizens of facts and information to which they are entitled," Woerner said.
Woerner said community engagement workshops are routinely provided to the public when the city is proposing to sell property.
Brinkman previously sued the railway trustees earlier this year for open meetings and open records violations, leading to a settlement.
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