NELSONVILLE, Ohio – The Nelsonville Ad-Hoc Advisory Commission, which is overseeing Nelsonville’s transition from a charter to a statutory form of government, met Thursday, March 20, to discuss solutions to the “December problem.”
The “December problem” is a term coined by Ad-Hoc Advisory Commission Chair Reid Courtney to describe the one-month lapse between the end of the current council members’ terms in December 2025, and the beginning of terms for members of a new, statutory council to be elected a month prior.
The committee had suggested the city hold a special election to help solve the “December problem,” but City Law Director Jonathon Robe says it is unlikely the Athens Board of Elections could authorize a special election because state law says special elections can be held only on specific dates in May, August or November.
Ohio Revised Code 3501.022 states that municipalities can hold a special election only if the state auditor’s office has placed the city on fiscal emergency status, or if the municipality’s charter specifies dates for special elections. The Nelsonville City Charter doesn’t give dates for special elections, although it does mention special elections several times.
The repeated mention of special elections could be interpreted as allowing the city to call special elections at their discretion, but Robe doubts that argument would prevail.
“I’m highly skeptical that the broad interpretation will stick, and I don’t think the board of elections is going to give us much wiggle room on that, based on my conversations with them,” Robe said.
The state and local League of Women Voters accepted the council’s invitation to facilitate drawing ward maps for Nelsonville, Robe said. The league hopes this process can give other Ohio localities an example of a community coming together to solve its own problems.
“I hate to say it, but we’ve been kind of the source of a lot of unfortunate news over [the] years. Robe said. “And it’s nice to kind of be used as a good example and let people recognize that.”
The ad-hoc commission also discussed other appointments and commissions that aren’t subject to elections.
Charts provided by Robe that demonstrate city government structure. Photos by Abby Neff.
Robe said there is a “tremendous amount” of risk for officeholders who may not have a council to provide oversight and grant authority to affirmatively make decisions. He provided a scenario: a sinkhole opening up on Canal Street and potentially no council to appropriate and authorize the use of funds to fix it.
“Realistically, the only solution is just to get a bunch of community members just to volunteer time and expense to fill it,” he said. “That’s unconscionable. That’s the basic function of government.”
In addition to the empty council and city treasurer seats, the city auditor position will become vacant in September when Taylor Sappington starts his term as county treasurer. That means the current council must appoint an interim auditor from September to December.
“There’s a risk we won’t have a council, a treasurer and an auditor,” Robe said.
In a letter sent to the board of elections, Robe stated the most straightforward solution to the “December problem” would be for the current council, whose seats expire Nov. 30, 2025, to adopt a resolution ensuring that the board of elections includes races for five council charter seats and city treasurer in the primary election on Nov. 4.
Another potential solution would be to appoint six or seven volunteers to serve on a transitional council for the month of December.
Regardless, Courtney says the commission should make recommendations based on the current situation and also make clear to the public that nothing is set in stone.
“We welcome public input,” he said. “We invite our community members and our neighbors here to share their thoughts and to listen to this conversation, and I would ask that we all say that out loud.
The Ad-Hoc Advisory Committee meets the first and third Thursday of each month, at Nelsonville City Council Chambers, 211 Lake Hope Drive. Its next meeting will be Thursday, April 3, at 6 p.m. Meetings are 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.
Let us know what's happening in your neck of the woods!
Get in touch and share a story!
