Police policy lawsuit dismissed

Plantiffs have option to refile similar case at later time

Two Lake County residents have voluntarily dismissed their complaint accusing Painesville city officials of illegally holding secret meetings to discuss a controversial immigration policy.

However, Kirtland resident Arzella Melnyk and James Weber of Painesville are not likely to give up their fight for more government transparency anytime soon.

Since the case was dismissed “without prejudice,” the plaintiffs have the option to refile a similar case at a later time.

“We’re going to refile,” said Matthew J.D. Lynch, attorney for Melnyk and Weber. “It’s unfortunate public officials don’t voluntarily maintain

transparency in what they do. They force citizens to have to file lawsuits to see what goes on behind the curtain.”

Painesville City Manager Monica Irelan did not immediately return a phone call seeking comment.

Melnyk and Weber filed the suit Aug. 29 in Lake County Common Pleas Court, claiming Irelan and City Council President Paul Hach held meetings in June and July that violated Ohio Sunshine Laws.

Irelan announced at council’s regular June 19 meeting that a community task force had been formed to review the recently enacted Painesville Police Policy 413, which detailed internal guidelines for officers after they arrest suspects for violent crimes, drug offenses or gang activity. The policy, which was drafted in May, was deemed offensive by many residents and organizations.

Painesville City Law Director Joseph Gurley recently asked Judge John P. O’Donnell to dismiss the suit.

Gurley argued that the

task force — which included an immigration lawyer, the leader of a Latino advocacy organization, Painesville residents, a bilingual city police officer and a local priest — was not a public body and thus not subject to open meetings requirements.

Melnyk and Weber were seeking an injunction to stop the task force from continuing to meet “in secret.” However, the task force concluded on its own last month.

The policy initially allowed officers to notify U.S. Immigration and Customs Enforcement when a suspected illegal immigrant is affiliated with any gang or criminal organization and/ or receives any drug or violence charge. It also stated, “while a lack of English proficiency may be considered, it should not be the sole factor in establishing reasonable suspicion.”

On Sept. 11, the city manager announced that the policy had been revised to remove the English proficiency criteria, as well as modify gang criteria to be more specific and improve officer training in identifying gangs.

Melnyk and Weber’s suit also sought monetary damages, plus attorney fees and