NELSONVILLE, Ohio — Nelsonville’s statutory city council met Monday, May 4 to repeal several ordinances recently passed by the opposing charter council, which operates within city hall and has access to the city’s coffers.
Five members met to read and overturn six ordinances passed by the charter council. Yet, it remains unclear if the statutory council can override charter council ordinances while both councils await a verdict from the Ohio Supreme Court as to which council legally governs
There were no administrative comments.
Council approved April 6 meeting minutes and excused absences of council members Wesley M. Henderson and Jessica Hollenbaugh. Council Clerk Greg Smith introduced first and then second readings to repeal charter council ordinances, before moving on to third and final readings that officially repealed charter council ordinances — each of which were declared an emergency.
The council heard an ordinance on a first reading to repeal a charter motion to hire a city auditor. In April, the charter council hired Brian Elkins as city auditor; Nelsonville currently is searching for a treasurer, a position previously held by Michael Milane until his contract ended in December.
On second reading, the council heard an ordinance to repeal the charter council’s amendment to city sewage rates. New rates and revised fees and schedules would take effect June 1.
The council heard on third reading four ordinances to repeal additional charter council ordinances. The first repeal an ordinance that established the 2026 staff in city departments. The second repealed an amendment to the appropriation ordinance for the year. A third repealed the council’s amendment to revise the pay scale for city council clerk Erica Paggett.
Finally, council repealed a charter ordinance that would amend appropriations for membership in Athens County’s Economic Development Council Nelsonville city square fountain, and economic revitalization.
All ordinances passed unanimously.
“It (charter council) is not a legal city council, and it’s not appropriate,” Smith said after reading each ordinance.
Arthur “Pook” Newman was the sole public commenter at the statutory council’s May 4 meeting. Newman said he is a veteran of the Vietnam War and Operation Desert Storm and commander of Nelsonville’s Veterans’ of Foreign Wars, an organization committed to community contributions for its members, families, and city residents. The VFW currently boasts 153 veterans and 258 social (family) members.
“We do a lot for the community. That’s what we’re here for,” Newman said. He told council the VFW regularly helps all citizens with phone, electric, and telephone bills. It also hosts events such as cookouts and holiday celebrations. Additionally, it works in tandem with The American Legion and AmVets to better the community, Newman said.
“We’re trying to do everything we can. We’re all working together to make the community better,” he said. “We give to charities and hope other groups will get on board. He encouraged veterans to join the council through future elections.
The council then entered into executive session to discuss the ongoing legal dispute between Nelsonville’s two councils; both claim to hold legal governance.
“We were voted into our positions, so we are the legitimate government of Nelsonville,” Mayor Jonathan Flowers said at the end of the meeting.
In November 2024, more than 70% of voters passed Issue 23, establishing a government defined by state statute, including an elected mayoral position
In August 2025, the sitting charter council repealed Issue 23. However, elections to statutory positions moved forward, and after statutory council members took office on Jan. 1, they repealed the charter council’s repeal of Issue 23.
The issue is now up for consideration by the Ohio Fourth District Court of Appeals, which has yet to make a clear decision on the matter. The legal ambiguity has left residents and officials confused as to which council legally governs Nelsonville, including the passage of ordinances, permits, laws, grants, official appointments and determinations on their incomes.
Nelsonville’s statutory council meets at 7 p.m. the first and second Monday of each month in The Lodge at Hocking College, 15770 SR 691, Nelsonville. Its next meeting is May 18.
