ATHENS, Ohio — An initiative proposing that Nelsonville abolish its city charter will appear on the Nov. 5 general election ballot.
At a special meeting Thursday afternoon, the Athens County Board of Elections adopted a resolution approving the ballot change. The board meet briefly in executive session before voting on the resolution.
The board’s action follows Nelsonville City Council’s decision to comply with court orders to adopt an ordinance to place the issue on the ballot. If ballot issue passes, Nelsonville would return to a statutory form of government with an elected mayor, instead of a city manager hired by Nelsonville City Council.
The board of elections’ resolution states that eight petitions circulated by Nelsonville residents Greg Smith and Vicki McDonald had collected 180 valid signatures. Only 93 were needed.
“I thought the resolution was spot on,” Smith told the Independent after the board meeting.
The number of required signatures has been a point of contention in the legal battle over the initiative. The Nelsonville City Charter requires that petitions 15% of total votes cast in the most recent gubernatorial election. The board of elections’ resolution cites an Ohio Supreme Court case that set the number at 10% of votes cast in the last previous general municipal election.
The city of Nelsonville’s appeal of Judge George McCarthy’s orders remain pending before the Fourth District Court of Appeals. A decision on the appeal could bring clarity and set precedent for ballot initiative procedures — and city charter abolishment — as governed by city charters statewide.
Athens County Board of Elections Deputy Director Tony Brooks said that ballots have already been sent to military personnel and citizens living overseas; those people will be sent updated ballots, he said. According to board of elections data, there have been only two such ballot requests this year thus far.
Brooks said that if the overseas voters send back both the initial and corrected ballots, the board will count only the corrected ballot. If the voters send back only the first ballot, that ballot will be counted and they will not have voted on the charter question.
Daniel Klos, who represents Smith and McDonald in the appeals case, was pleased with Thursday’s outcome.
“I think everybody so far has been using — including the board — has been using their best efforts to review what they’ve been advised, what the arguments are and what the law is, and they’ve reached their conclusion appropriately,” Klos said.
Smith said he believes a statutory government would be better for Nelsonville, as opposed to its charter form of government adopted in 1994.
Currently, Smith said, “All the power in Nelsonville is consolidated into four people.”
As a council of seven, four makes for majority vote on council; five votes are required for emergency votes.
“Now, four people hire the city administrator, can fire the city administrator and within four votes, it might take you 30 days because to do an emergency, you need the fifth vote,” Smith said. “Then with four people, you can get together, have a clique, run the city and do everything you want.”
Smith said he believes that having an elected mayor, rather than a city manager hired by the council, would be better for the city.
“With the mayor, you separate the powers; the mayor has the administrative duties, and the council has the legislative and budget duties,” he said.
Early voting begins Oct. 8; the deadline to update voter registration is Oct. 7. Find more election information from the Athens County Board of Elections.
Update: This article has been updated since initial publication to include a copy of the aforementioned board of elections’ resolution.
