54-11 Amend Charter - Limiting Law Director's duties

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PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 11/21/11. SECOND READING 12/5/11. ORDINANCE NO. 54=11 BI'~ Anderson, Juris, Madigan, Nowin, Powers, Smith. AN ORDINANCE to take effect on January 1, 2012 provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, limiting the law director's duties pursuant to Article VII, Section 2 of the Second Amended Charter of the City of Lakewood. WHEREAS, on November 8, 2011, Lakewood voters overwhelmingly adopted Issue 71, which revised Article VII, Section 2 of the Second Amended Charter by giving Council authority to restrict the duties imposed upon the Director of Law under state code; and WHEREAS, Rev. Code § 3313.35, an antiquated provision that remains on the books in Ohio but is only employed in very seldom circumstances today, imposes upon the Director of Law the duty to provide free, wide-ranging legal services to the school district in the city that is served by the law director; and WHEREAS, the City of Lakewood and the Lakewood City School District have enjoyed a very long history of working together in a spirit of utmost respect and comity on a wide variety of matters, from the use of our parks, pools and ballfields to the use of our school facilities and local auditoriums, from policing strategy to safety education, from recreation services to public works improvements, with each governmental entity bringing unique viewpoints to these discussions; and WHEREAS, the Lakewood City School District historically has not called upon the city law director to serve as its legal advisor, opting instead to retain lawyers annually who are much more expert in the nuances of school and education law and preserving the long, concordant relationship with the city described in this preamble; and WHEREAS, a potential conflict nevertheless arises in Ohio when the city director of law must refrain from representing the city in its dealings with the local school district because the city law director also serves as the de jure legal advisor to the district; and WHEREAS, it is in the interest of the citizens of Lakewood to preserve the Director of Law's legal and ethical obligations imposed by the charter and ordinance, and to eliminate potential conflicts of interest that would jeopazdize the law director's performance of his customary and necessary legal obligations to the city; and WHEREAS, many municipalities in Ohio, in view of Rev. Code § 3313.35, have adopted similaz measures in order to avoid conflicts of interest arising from those municipalities' routine dealings with their local school districts; and ~/~