07-19 Primary for Municipal Court Judge

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Placed on 1st reading & referred to COW 2/19/19; 2nd reading 3/4/19; recommended for adoption by COW 4/01/19 Anderson, Bullock, George, Litten, O'Leary, O'Malley, Rader ORDINANCENO. 07 -19 BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, providing for the submission to the electors of the City of Lakewood an amendment to the Third Amended Charter of the City of Lakewood in order to create a primary election for the office of municipal court judge. WHEREAS, Article XVIII, Section 9 of the Ohio Constitution permits City Council the authority to submit proposed amendments to the Charter to the electors of the City by a two - thirds' vote of Council; and WHEREAS, Section 7.5 of the Charter permits City Council the authority to submit proposed amendments to the Charter to the electors of the City by a two - thirds' vote of Coun- cil; and WHEREAS, R.C. 1901.07 provides that candidates for municipal court judges in char- tered cities like Lakewood may be nominated by primary election if the charter makes specific provision for nomination of candidates for office of municipal court judge by primary election; and WHEREAS, Section 9.1 of the Charter currently provides that no primary election be held to nominate municipal court candidates; and WHEREAS, because primary elections are used for all other offices in Lakewood and provide the benefit of ensuring candidates for local office are elected by a majority of citizens, it is the intention of Council to place before the electors of the City a charter amendment which, if adopted, would establish a primary election for the office of municipal court judge; and WHEREAS, Section 9.1 of the Charter thus stands to be amended in order to fulfill the intention of Council; and WHEREAS, as set forth in Section 2.12 of the Charter, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the pub- lic property, health, and safety and to provide for the usual daily operation of municipal de- partments, in that the deadline for submission of municipal charter amendments to the Cuya- hoga County Board of Elections prior to the November 5, 2019 general election is September 6, 2019; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO, at least two thirds of the members of Council concurring: