NELSONVILLE, Ohio — During a special meeting Wednesday evening, Nelsonville City Council voted 5-1 to instruct city Law Director Jonathan Robe to take legal action against the Athens County Board of Elections and the Ohio Secretary of State.
Council member Jonathan Flowers was the only council member to vote no.
The decision comes after Nelsonville residents voted Wednesday to elect Flowers as the city’s first mayor in 30 years and six candidates to a statutory-based council that, according to Robe “no longer exists” under Ordinance 54-25.
Council adopted Ordinance 54-25 Aug. 11 to repeal Issue 23, a citizen initiative passed last year by 70% of voters to abolish the Nelsonville City Charter and return to a statutory form of government.
Since the repeal of Issue 23, the city has taken legal action in the Ohio Supreme Court to remove the already certified statutory-based positions off the ballot. The court ultimately denied the request and rejected a motion of reconsideration.
The Ohio Supreme Court never addressed the question of Ordinance 54-25’s legality, even when it was asked to, which left the repeal of Issue 23 in effect with statutory-based offices still on the ballot.
“If people were being elected to seats that no longer exist as a matter of law, then the election authorities can’t certify those election results,” Robe told Independent.
The pending litigation may also give the city an answer on Ordinance 54-25’s legality.
The city has not officially made a filing in any court and Robe could not offer a time frame as to when it will occur.
“Probably the city will lose [the case],” Robe said during the meeting. “I’m just the attorney… whether or not to authorize initiation of a lawsuit is not my decision. I don’t have any impact on it,” he said.
Residents’ comments
Although special council meetings usually do not include public comments, Council President Gregg Clement allowed audience members to speak. Most of the nine residents who went up to the podium criticized not only the proposed legal action but also the repeal of Issue 23.
“[The people of Nelsonville] have told you more than once what they want and it’s not you. They want the statutory form of government,” Nelsonville resident Vicki McDonald said.
Andrea Thompson-Hashman, who was recently elected to serve as the next auditor, echoed McDonald’s statements.
“I just want to say that when people went to polls and voted for Issue 23, they voted for a government that was going to respect them. Filing lawsuits against all the people is not respecting the government,” Thompson-Hashman said.
Nelsonville business owner and resident Dereck Bowens said he was “disappointed in our city government at this time” and asked the council how the city will pay legal costs associated with the pending legal action.
Clement told Bowens that legal costs typically come from the water, sewer and general fund but did not provide a figure of what the costs may be.
Stuart Brooks asked which council members would spend their own money to file the lawsuit, which prompted council members Cameron Peck and Opha Lawson to raise their hands.
Brooks responded by saying, “You just had your attorney say that you’re probably going to lose.”
“I don’t see where you’re going with this, other than spending our hard-earned money again. So I would select to tell the people of Nelsonville, every one of them, if this continues, the only way we can get back is just not pay our city income tax,” Brooks added.
The meeting at times erupted into verbal disputes between audience members and council members, prompting Clement to call for order in the council chambers.
At one point, Peck and former council member Greg Smith engaged in verbal digs at one another as an audience member left the chambers saying, “You guys are wasting our time, this is garbage.”
Council members themselves also sniped at one another.
“It’s not for my benefit to run for mayor. It’s a city thing. And I want what the citizens want. I believe [the citizens have] spoken about it,” Flowers said.
Council member Nic Joseph-Saul responded to Flowers by asking, “When you don’t come to committee meetings, are you doing that for the benefit of the city?”
Flowers in response told Joseph-Saul it was for her benefit because “you don’t have to look at me.”
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