NELSONVILLE, Ohio — At its Thursday, June 5 meeting, the Nelsonville ad-hoc advisory commission determined it is legally necessary for one-month council positions to be on the November general election ballot.
The city is in the process of transitioning from a form of government determined by the city’s charter to a form of government determined by state statute, following a successful ballot initiative to abolish the city charter last fall. The statutory form of government will begin in January, when statutorily elected council members will take their seats. However, current Nelsonville council seats under the city charter expire a month earlier.
City attorney Jonathan Robe said that, because the charter still governs Nelsonville this year, the Athens County Board of Elections must ensure that the one-month council terms under the Nelsonville City Charter appear on the November ballot.
“If anyone submits a petition by the deadline in the first week of August, the board of elections has to take those, accept them and put them on the November, even though it’s only for a one-month term, because that’s what Nelsonville law requires,” Robe said.
Robe said he would send a letter to the Athens County Board of Elections regarding the city’s position. BOE Deputy Director Tony Brooks said the board of elections had not received such a letter as of Wednesday morning and “no information at this time to provide.”
The commission recommends that the council should announce the collection of signatures for individuals who will hold a December council term.
“If you want to do your community service, put your name in for that one-month seat,” Commissioner Terry Koons said.
BOE Deputy Director Tony Brooks previously told the Independent that all people who had submitted petitions to run for Nelsonville City Council were running for the full terms that would start Jan. 1, 2026.
“We can not do anything about the timeline issues for Nelsonville,” Brooks said.
If no one runs for one-month council seats, or if they are ultimately unable to do so, Nancy Sonick, the sole council member whose term does not expire until Dec. 31, could appoint individuals to the council for the month of December. One council member can appoint someone, and then those two council members can appoint another person, and repeat until there is a quorum of four council members.
“What happens if that one person resigns and chooses not to [appoint]?,” Commissioner Jo Anne L’Heureux asked.
Robe said the worst case scenario is there would be no council. He also acknowledged that because of Nelsonville’s complicated history of resignation procedures, if Sonick decides to resign, she might have to do so in November when there is a council to accept her resignation.
Issue 23 Advisory Commission Chair Reid Courtney asked Robe if the statutory council should schedule a meeting on Jan. 1, 2026, to adopt legislation.
“I think the council in December should make sure that the public information officer announces a Jan. 1 meeting, and that’s done … at least 24 hours in advance,” Robe said.
The committee also determined it’s the new council’s responsibility to establish and re-codify city codes.
Robe said at the June 5 meeting an ordinance to re-codify the city’s current codes could be prepared before the statutory council takes office, but there is a risk for litigation.
“Fortunately, for us, the rule for how to interpret a charter in the court cases is, the courts are supposed to read the charter as close as possible to what the revised code already says,” Robe said.
Robe recommended the commissioners focus on squaring city codes with the parts of the Ohio Revised Code that cover general provisions, administration and other miscellaneous regulations.
“This commission should identify structural issues,” Robe said. If needed, the commission will tentatively meet at 6 p.m. Thursday, June 12. Its next regular meeting will be at 6 p.m. Tuesday, June 17 in council chambers, 211 Lake Hope Drive, Nelsonville.
Keri Johnson and Dani Kington contributed reporting to this story.
