NELSONVILLE, Ohio — Nine years have passed since the last attempt to change Nelsonville’s government structure. Although that attempt failed, some city residents — some of whom were behind the 2015 attempt — want to try again.
A notice dated May 28, which was circulated at the council’s June 10 meeting, informed the city council and auditor that five qualified voters are commencing an initiative to reset the city’s form of government. Those voters are Vicki Lynn McDonald, Barbara Lynn Bishop, Leeanna Joe Potts, Wilma J. McDonald and Patricia Ann MacCombs. Voters approved the charter in November 1994 and it went into effect on Jan. 1, 1995.
Vicki McDonald was among three people who filed petitions to abolish the charter in 2015. In May of that year, the city declared the initiative invalid through Ordinance 32-15.
The ordinance also essentially codified then-City Attorney Garry Hunter’s legal opinion on ballot initiative procedure; it also found the 2015 initiative petition invalid “for failure of the petitions to have a reasonable transition period and procedure.”
Hunter outlined his reasoning in a memo dated Nov. 15, 2015. In addition to the lack of qualified signatures, Hunter ruled that the charter’s Article 10, regarding citizen initiatives, “pertains to initiative, referendum, and recall petitions other than the abolishment of a charter.”
Although his name doesn’t appear on the new petition’s committee notice, former council member Greg Smith is apparently involved in the effort, according to a letter obtained through a public records request.
“From your correspondence, I understand that you represent Mr. Greg Smith,” Nelsonville City Law Director Jonathan Robe wrote to attorney Daniel Klos. “I also understand Mr. Smith may be joined by others in the representation by you regarding this matter.”
The letter primarily summarizes the city’s legal position on the petitions — that it’s not clear how many signatures are necessary — citing Hunter’s memo, Ordinance 32–15, the Ohio Constitution and state supreme court decisions.
At council’s July 8 meeting, Robe recommended the council revisit the 2015 Ordinance 32-15 and refer it to discussion for the judiciary committee.
The ordinance is not resolute in establishing procedure for citizen ballot initiatives in Nelsonville; in fact, it states “The Board of Elections needs to decide which number of signatures is needed to place the issue on the ballot.”
And “Only council can change that legal position,” Robe told the council on July 8. “Only council can repeal Ordinance 32-15.”
At publication time, the city’s judiciary committee had not yet scheduled a meeting.
In an email Thursday morning, Athens County BOE Deputy Director Tony Brooks said, “Greg Smith and Vicki McDonald came into the office … and [filed] Certified Copies of the Petition regarding the initiative to abolish the Nelsonville City Charter from the city of Nelsonville.”
The board “checked the petition’s signatures and verified them and returned the petitions to City of Nelsonville Clerk on June 28, 2024,” he stated.
Brooks noted that the city has not submitted an ordinance or resolution on the ballot initiative, which is required by the charter in order for the initiative to move forward, since the board of elections received the petitions on June 25.
The fact that the petitions were filed “does not mean it is going on the ballot at this time because it was missing the Ordinance or Resolution,” Brooks concluded. The board is now awaiting a response from Robe.
The Independent will continue to follow this developing story.
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.
