07/19/2010 Meeting Minutes - Laserfiche WebLink

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Regular Council Meeting Minutes 7-19-10 Page 3 Council President Buckholtz asked Ms. Calta to frame it just in terms of explaining that the Charter Review came forth with some amendments and what our role is in that. To summarize, Ms. Calta stated, it is administrative which means that your role is to place it on the ballot for the electorate to make a decision on, not to make changes or have any discretion in the process. It's administrative. That's what we found. Council President Buckholtz asked, that's just the ruling of case law that you were able to find? Ms. Calta replied, to say that there's case law directly on point would be incorrect. There really isn't anything directly on point but the case that we did find gave some guidance on what the rule is in other circumstances. The Broadview Heights' case had to do with whether the procedures on the emergency clause were followed appropriately. In that instance there was the same procedure, the Charter Review Commission made recommendations and they. came to Council to be placed on the ballot. They were going through their usual process of three readings and they had an emergency clause in all of their ordinances certifying them to the Board of Elections. The emergency clause did not pass. There weren't enough votes to pass it as an emergency. But, there were enough votes to pass it. It was a 4-3 vote. There was a challenge to the validity of the ordinance because the emergency clause didn't pass. In that instance, the Ohio Supreme Court said, your role is administrative. You take what they give you. The language says that you pass it on to the Board of Elections, straightforward. Council President Buckholtz has always said it in the past. He will say it now and he will say it again. The way we have always handled it is a vote "yes" is not in support of what the item is, it's merely our responsibility, our duty to pass it on to the electorate. Mayor Rinker replied, you're supporting the process without necessarily commenting on the merits. Council President Buckholtz agreed. However, having said that, at the last meeting there was some interesting discussion. We talked about opening it up for public forum, having a public hearing and encouraging people to come in and understand it and talk about it. It's his understanding that we are still looking to go forward and do that. Ms. Calta replied, that was one of Joe's recommendations. To air the issues with the public at a public hearing and see what that fleshes out, knowing that Council can bring forward its own amendments if you choose to do that. You can do that in an August meeting. If you have a public hearing and something comes about, you can certainly go ahead and bring something forward at the regular meeting in August. That would be ready to go to the Board of Elections by the deadline in September. Council President Buckholtz indicated that Mary Beth circulated some dates. It is his understanding that there was one that everyone was good for except him because he was leaving town. He may not be leaving town. He will know Thursday. We may be able to work that date