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Civil-rights chairwoman at odds with governor on maternity leave
By Dennis J. Willard
Beacon Journal Columbus Bureau
Published on Wednesday, Dec 12, 2007
COLUMBUS: Barbara Sykes resigned as chairwoman of the Ohio Civil Rights Commission Tuesday morning, just hours before an Ohio Senate committee was expected to vote against her nomination.
Sykes told Gov. Ted Strickland during a telephone conversation that she believed it would be best to step aside.
She also submitted a single-page letter of resignation effective Dec. 31.
The governor and Sykes, a former Akron councilwoman, have been at odds over a rule passed by the commission that requires small businesses to provide up to 12 weeks of unpaid leave to pregnant women.
''I said to the governor that civil rights is my life. It's not a board or a commission. Wherever I am, I will continue to fight for equal rights for all people, regardless of race, age, sex or religion,'' Sykes said.
In the letter, Sykes explains that ''the impor
tant work of the commission has been detracted by political back and forth over the commission's decision not to delay implementation of the pregnancy leave rule.''
Strickland, through his chief legal counsel, asked Sykes to delay action on the rule for a month for further study, but she refused. Two of her four colleagues on the commission, appointed by Republican Gov. Bob Taft, joined Sykes in a 3-2 vote to move ahead.
Keith Dailey, a Strickland spokesman, said the governor and Sykes talked Tuesday morning and agreed that her resignation was the best way to move forward.
Support lost
Last week, Strickland indicated he no longer supported her nomination, and Republican lawmakers, already angry with her over the commission's action, acknowledged they would vote against confirming her for the job.
Dailey said Strickland supports the 12-week maternity rule in principle, and wants to find a ''middle way'' that all sides can agree to support.
He said the governor wanted the delay to give small businesses an opportunity to address questions before the significant rule change took effect. He said Strickland continues to explore whether this issue should be handled by the Civil Rights Commission or the Ohio General Assembly.
''The governor thinks Barbara is a good person. He respects that she has spent much of her life as an advocate for and on behalf of Ohio's disenfranchised,'' Dailey said, adding that Strickland bodes no ill will or animosity toward Sykes.
Sykes said the focus on her distracted from the role of the commission, and her position was driving a wedge through the party.
''It's clear that this is not going to work. I don't want to contribute to the continuing division within our party. Our (Democratic) caucus is split right done the middle,'' Sykes said.
The 17-member Ohio Black Legislative Caucus asked the governor last week to stand behind Sykes. The group also called on the Ohio Senate to confirm her nomination.
Strickland announced he was no longer supporting Sykes after House Speaker Jon Husted, R-Kettering, told reporters last week that the chairwoman was going to face problems in being confirmed.
Husted did not want to comment about the resignation, said Karen Stivers, his spokeswoman.
Strickland signed Sykes' nomination letter in September. The first hearing on her appointment was scheduled for 2:30 p.m. Tuesday before the Senate State & Local Government & Veterans Affairs Committee.
Shortly after Sykes took the job on Oct. 1, the Civil Rights Commission voted to clarify a 30-year-old law that requires employers to provide a ''reasonable'' period of unpaid leave for pregnancies.
The commission worked on the rule for months before Sykes' arrival.
New guidelines
Businesses with more than 50 employees are required to provide up to 12 weeks of unpaid leave under the federal Family and Medical Leave Act, but smaller businesses, with between five and 49 employees, were exempt.
The Civil Rights Commission rule required a pregnant woman to have a doctor's order to take the leave, and a small business owner could appeal if the vacancy was an undue hardship on the business.
The new guideline had to be reviewed by the Joint Committee on Agency and Rule Review, made up of six Republican and four Democratic lawmakers. It voted 9-1 to send the rule back to the commission to analyze the fiscal impact it would have on small governmental entities, a move that delayed implementation for 60-90 days.
Lawmakers on the panel did not allow Sykes or any other commission members to comment or answer questions.
Four of the five state senators on the committee, including Capri Cafaro, a Democrat from Hubbard, also sit on the Senate state and local government committee that was preparing to decide Sykes' fate.
Dennis J. Willard can be reached at 614-224-1613 or dwillard@thebeaconjournal.com.
COLUMBUS: Barbara Sykes resigned as chairwoman of the Ohio Civil Rights Commission Tuesday morning, just hours before an Ohio Senate committee was expected to vote against her nomination.
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