Council to Warn Chardon Voters: Ballot Issue Could Cause Legal Woes
“Even if you agree with the concept of what they're trying to do, what they did is an awful piece of legislation.” – Mayor Jeff Smock
A City of Chardon ballot initiative to elect a mayor by popular vote faces scrutiny from officials who fear its passage could spur legal action against the city.
“If this passes, it’s most likely going to go to court and it’s going to cost us money,” Councilwoman Debbie Chuha summarized at the Sept. 13 council meeting.
City Law Director Jim Gillette said while the ballot language is straightforward, the proposed amendment to be ratified by the petition is in conflict with the city charter because it would increase the number of council seats from seven to eight.
“You’re going to have three members of council come up for election, and then one mayor/member of council shall be elected at the general election in the year 2019,” Gillette said. “So you’re adding another member of council on the ballot.”
Councilwoman Nancy McArthur, who served a two-year term as mayor before current Mayor Jeff Smock ousted her in January in a split 4-3 vote, asked whether that was a fact, or the opinion of Walter & Haverfield attorney Todd Hunt, who offered his legal advice to council on the issue.
In her view, the intent of the proposed amendment is to replace a council member, not add an additional seat.
“Well, it’s his opinion, and he’s saying that that’s how, in his opinion, it would be interpreted,” Gillette replied. “Now, if this is passed and it’s an issue, it’s going to probably end up in court and a judge is going to have to decide.”
Councilman Dan Meleski voiced concern that residents who signed the petition may not have known about potential legal issues with the proposed amendment.
“I wonder if, whoever was signing the petition, what they thought was going to happen based on signing the petition,” Meleski asked. “The challenge is, I think to Nancy’s point, the intent may have been something different, but what’s actually documented is what it is, at this point.”
The proposed amendment would also conflict with the city’s charter due to language giving an elected mayor powers under Ohio law that are currently delegated to City Manager Randy Sharpe.
Smock said that change would turn the mayor’s role into a full-time job, and proposed passing a resolution at the next council meeting to publicly oppose the ballot measure.
“Even if you agree with the concept of what they’re trying to do, what they did is an awful piece of legislation,” said Smock. “So, I’m opposed to it, and I want, I prefer to state that publicly in a resolution being opposed to what is being put on the ballot, because it’s going to cost us money to fix it.”
Gillette said the time has passed to change the language of the proposed legislation, since it has already been certified and placed on the Nov. 6 ballot. He has drafted a statement warning city residents of the consequences of its passage for the city newsletter, which should go out mid-October.
“There are several substantive legal issues with the initiated proposed amendment which are inconsistent and incompatible with the remainder of the charter,” the draft statement reads. “If passed by the electorate the amendment may be challenged in a court of law.”
The statement Gillette read goes into detail about the legal ramifications of the issue’s passage. Council members asked if he could work with Sharpe to simplify the language and make it easier for residents to understand.
“Wouldn’t the cheapest way to resolve the whole issue is the thing fails, and then gets readdressed?” Councilman Dave Lelko asked. “That would be the cheapest thing to the city.”
Smock agreed, saying, “it would fail and then, if they want to re-propose it, they can do it again with better language.”
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Proposed Charter Amendment – Chardon City
A majority affirmative vote is necessary for passage.
Shall sections, 2.01, 3.01, 3.03, 3.04, 3.11 and 3.12 of the Charter of the city of Chardon be amended to provide for a mayor to be elected at the general election in November 2019 by the city’s electorate and serve as a seventh council member; to provide for the authority, duties and compensation of the mayor; to provide for six other elected regular council members; to provide for a vice-mayor to be appointed by the mayor from the remaining council members and to act as mayor in the mayor’s absence or inability to serve?
YES
NO
