NELSONVILLE, Ohio — Nelsonville City Council met Monday night, less than a week after Issue 4 failed in the May 6 primary election — a measure that would have retained the city’s charter while allowing a mayor-council city government. Of the voters who turned out at the polls Tuesday, around 54% voted against the amendment.
Dakota Saul, a Nelsonville resident, addressed the council with concerns about the constitutionality of abolishing the city’s charter.
“I believe Nelsonville’s charter is more than a document; it is a safeguard,” Saul said. “I believe it is designed to protect home rule in perpetuity, and yet today we are navigating the potential dismantling of that protection without clear constitutional statutory guidance under our own charter.”
Reid Courtney, the chair of the ad-hoc advisory commission that is overseeing the implementation of Issue 23, recommended the council adopt a resolution that would clarify to the Athens County Board of Elections the city’s need for month-long terms to be put on the November ballot under the city charter, as well as other offices elected under the statute, in order to temper the “December problem.”
“Obviously, that is not an ideal situation, but after discussion, my fellow commissioners and I believe it’s the least bad option,” Courtney said.
Council member and mayoral candidate Jonathan Flowers asked Courtney if the current city charter has a transition plan. The Nelsonville City Charter does not provide legal guidance to transition from a charter form of government to a statutory form.
“I just don’t think it will work,” Flowers said about the month-long December terms.
City Law Director Jonathan Robe advised the council and commission to be cautious when considering Ohio Revised Code 3.01 — which states an individual holding public office should continue until their successor is elected or appointed unless otherwise stated in the Ohio constitution and state laws — as a temporary solution.
The advisory commission will host a town hall for city employees at 7:30 a.m. Tuesday, May 20, in council chambers to discuss the government transition.
The League of Women Voters of Ohio, and Athens County, also will host a town hall on May 29 at the Nelsonville Public Library for city residents to provide input regarding the development of city voting wards.
Nguyen case
The council also held a special meeting May 7 to revisit a tabled resolution appointing a special prosecutor to represent the city in a case against Rita Nguyen, who was arrested and charged with a misdemeanor for disrupting a lawful meeting after she interrupted a council meeting on April 14.
Law Director Jonathan Robe, who is also serving as the city’s interim prosecutor, recused himself from the case. Mathew Voltolini, the former law director for Nelsonville who replaced Robe temporarily, is representing Nguyen in the defense.
The Athens County Municipal Court appointed Bradley Nicodemus of the Nicodemus Law Office to serve as special prosecutor for the case on May 2.
The council passed a resolution at Monday’s regular meeting to hire Jesse Shamp to serve as special counsel to the city.
The council passed two resolutions at Monday night’s meeting to facilitate payment for both the special counsel and special prosecutor. Flowers voted no for both.
In other business, the council:
- Passed an ordinance setting the authorized staff in city departments through 2025.
- Introduced an ordinance partially vacating an alley of Flossie Whitmore’s Sylvania addition.
Nelsonville City Council meets every other Monday of each month, at Nelsonville City Council Chambers, 211 Lake Hope Drive. Its next regular meeting will be Monday, May 26, 2025, at 7 p.m. Meetings are live streamed on YouTube. Find more at cityofnelsonville.com.
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