NELSONVILLE, Ohio — At its regular meeting June 24, Nelsonville City Council moved to revive its mayor’s court, which has not been in session since last November.
The body also approved a new contract with the Nelsonville Police Department union, including 15% pay raises.
Council heard first reading of two ordinances that would resinstitute the mayor’s court and establish mayor’s court costs. The council will vote on them after second reading on July 8.
Mayor’s courts are permitted by chapter 1905 of the Ohio Revised Code. According to the Ohio Supreme Court’s 2019 mayor’s court summary (the most recent year available online), 286 mayor’s courts were in operation that year.
Mayor’s courts are not courts of record; they hear only cases addressing violations of local ordinances and traffic offenses. Mayor’s court convictions may be appealed.
The mayor’s court has brought tens of thousands of dollars into city coffers in recent years, according to city Auditor Taylor Sappington — over $44,000 in 2022 and $25,000 in 2023.
“This year, citations and criminal fines have brought in $11,838.12,” Sappington said in an email. “This would include all sources including when cases are sent to Municipal Court in Athens.”
Sending cases to municipal court reduces the mayor’s court revenue “because the lion’s share of that fee at that point would go to that court system instead of our own,” Sappington said in a text message.
Nelsonville Police Department Chief Devon Tolliver said in an email that the city decided “it would be simpler to send cases that would normally go to Mayors Court to Municipal Court in lieu of hiring a magistrate to see the cases.”
Nelsonville Mayor’s Court hasn’t been in session since Nov. 14, 2023, court clerk Breanna Wilderman said in an email.
City Law Director Jonathan Robe told the Independent that the gap in Nelsonville mayor’s court initially came from the need for “the appropriate officials to complete the training.” Those presiding over mayor’s courts do not have to be attorneys, but they do have to complete annual mayor’s courts training.
“I think health issues that were causing the delay, and then obviously, all of the legal and political uncertainty since … February,” Robe said.
Mayor’s court was “further complicated by the question of who the City Law Director would be,” Tollver added via email. “And then further complicated by Mrs. Nguyens resignation and the subsequent turmoil that plagued council for some time.”
The Nelsonville City Council president generally acts as mayor in the mayor’s court. However, the presidency of council has been in dispute since February. Had court been in session, council Vice President Nancy Sonick would have presided. Sonick said in a text message that she has received the required training.
On Tuesday, the Fourth District Court of Appeals ruled that Gregg Clement lawfully holds the council presidency. When asked if he plans to preside over mayor’s court and if he’s had the required training, Clement said in an email, “I will be consulting with the city attorney on the mayor’s court process.”
Robe said the mayor’s court probably won’t be up and running until September, at the earliest. He will serve as the city’s prosecutor.
State law requires mayor’s courts to register annually and file quarterly reports. A records request to the Mayor’s Courts Case Management Section of the Ohio Supreme Court for all quarterly reports from the Nelsonville Mayor’s Court from 2021 to present has yet to be acknowledged.
Police contract
In other business, the council declared an emergency and unanimously passed on first reading Ordinance 48-24, which approves a collective bargaining agreement between the city and the Nelsonville Police Department’s union.
The agreement with the Fraternal Order of the Police Ohio Labor Council includes 15% raises for NPD employees, City Manager Tom Cangemi said.
In previous contracts, the department was represented by the Ohio Patrolmen’s Benevolent Association.
“The officers just felt that they would receive better representation from a change in Unions,” NPD Police Chief Devon Tolliver said in an email. “There was some dissatisfaction with how OPBA had handled some things previously and with our department going through a complete rebuild in terms of staffing they all agreed the change in union would also be beneficial.”
Nelsonville City Council meets every other Monday of each month. Its next regular meeting will be Monday, July 8 at 7 p.m. in Nelsonville City Council Chambers, 211 Lake Hope Drive. Meetings are also livestreamed on YouTube. Find more at cityofnelsonville.com.
Disclosure: Robe completed and filed incorporation papers for Southeast Ohio Independent News, the nonprofit that publishes the Athens County Independent. He also has provided the Independent with legal advice.
