NELSONVILLE, Ohio — Nelsonville voters will revisit the question of a city charter vs. a statutory form of government in May.
At a special meeting on Tuesday, Jan. 28, Nelsonville City Council approved an ordinance placing an amendment to the city charter in the May 6 primary. The special meeting was scheduled ahead of the Wednesday, Feb. 5 deadline to submit issues for the primary ballot.
If approved, the amendment would negate Issue 23, a ballot measure that passed with 70% of the votes and would abolish the city charter and establish a mayoral form of government with elected ward council members.
The charter update aims to “effect the wishes of the voters of Nelsonville while still preserving a continuity of government.” Instead of abolishing the charter entirely, voters will be able to elect a mayor and eight council members while the government and its offices continue to function.
“I think this is the better way for a number of reasons, but the primary reason … is you would maintain home rule, which you would lose if you went to the statutory form of government,” council member Cory Taylor said.
“Home rule” is the authority for municipalities to govern themselves. Council member Tony Dunfee agreed that there needs to be a change to the city government, but Issue 23 did not provide a plan for conversion. The amendment makes clear that the citizens of Nelsonville still have the right to call for the abolition of the charter.
“I’m very passionate about this because of all the grief that has been caused in this city over this issue,” Dunfee said.
Ordinance 5-25 passed 6-1, with council member Jonathan Flowers casting the lone vote against.
Wards for council members
The council also considered an ordinance to establish wards for a new city council under Issue 23. When Taylor questioned the council’s authority to establish wards under the current city charter, however, city Law Director Jonathan Robe said there is none.
“There’s nothing in the charter that says council can provide or establish wards, I think that’s the point you’re articulating,” Robe said in response to Taylor’s concern. “That’s certainly a concern because if council doesn’t have authority, it can’t lawfully act.”
Ohio Revised Code 731.06 requires municipal legislative bodies to subdivide the city into the same number of wards as it has seats on the council. Proposed wards must be implemented by ordinance at least 150 days before the first municipal primary election. So even if council could draw its own ward map under the current city charter — which it cannot — it should have done so 150 days before the May 6 election.
“That date would have been Dec. 7, which would have required … the wards to be drawn five days after the election results were certified, which is obviously not sufficient enough time to conduct a task as complex as drawing wards,” Robe said.
Additionally, Trevor Martin, the redistricting campaign coordinator for the League of Women Voters of Ohio, told council the way the wards are drawn now would open the city up to future litigation.
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, Feb. 10, 2025, at 7 p.m. Meetings are livestreamed on YouTube. Find more at cityofnelsonville.com.
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.
