Nati Action Agency Nati Action Agency: March 2006

Monday, March 06, 2006 

Dale Mallory asks Court to Declare Alleged Impeachment Illegal

(Cincinnati, OH) Dale Mallory has asked the Hamilton County Court of Commons Pleas [gohere] to invalidate his alleged impeachment as President of the West End Community Council (WECC). Mallory made the request by seeking an injunction and restraining order against Shirley Colbert the WECC Vice President who presided over the meeting where the alleged impeachment occurred.

“This process was illegal,” said Mallory, “those who conducted it did not follow the Constitution and By-Laws of the West End Community Council.”

In the Affidavit, which accompanied the request for the restraining order, Mallory says that Deputy Sheriffs physically blocked him from presiding at the February 21, 2006 meeting of the West End Community Council. According to Mallory, he was told that he was not the Community Council President even before the impeachment process, and that he had to sit in the audience and could not address those present at meeting. Most of the West End Community Council members who qualified to vote at the proceeding were denied that right by those conducting the meeting. Even Dale’s brother, Mayor Mark Mallory was not allowed to cast a vote.

“For the past several months the CityLink issue has received a lot of public attention,” said Mallory, “although I never publicly endorsed or supported this project, I have received threats and had an illegal impeachment process conducted against me because I wouldn’t publicly oppose it.”

Mallory also stated he was informed that prior to the illegal impeachment proceedings, Shirley Colbert, the Defendant in this case, and others opened a bank account without the authorization of the West End Community Council. Dues collected from alleged Community Council members were placed in the account. Mallory is also seeking a Temporary Restraining Order to preclude Colbert and others from accessing the West End Community Council’s bank accounts and appropriating funds.

Mallory says his 1st and 14th amendment rights were violated and he is asking the court to require that the WECC Executive Board and its members recognize him as the legal President of the organization.