10/02/2001 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 10/2/2001 asked to confirm the precincts within those boundaries of the wards, which is their obligation under Ohio law to establish precincts of no more than a thousand people. A couple of weeks ago, the city received a map from the Board of Elections showing the precincts as established within the new ward boundaries. Over the last week, the city has received numerous phone calls from the Board of Elections indicating that it couldn't be done because of the fact that they were working with the City of Cleveland in their primary. Then we were told that it could be done, and then we were told that it couldn't be done. And then we were told again that it couldn't be done. This past Thursday, he sent a letter off to the Board of Elections indicating to them the serious implications that it would have if they refizsed to change those precinct boundaries. In essence, what they are basically saying they would do, despite the fact that the wards have been changed, is the precincts and the ward configuration as it previously existed would remain the same. So, in essence what would happen in all four wards is that people would be in parts of precincts voting for individuals who were not their Council representatives and would have no ability to be their Council represematives and they would not have the ability to vote for those people who were in fact Homing in their ward for Council. He relayed to the Board of Elections as to what kind of a problem it would constitute. He recognized that their obligation is simply to establish the precinct boundaries within the wards that City Council has established. For some reason, they have chosen not to do so. We were told that we were going to have a special Board of Elections board meeting on Saturday, September 29, to discuss the issue. On Thursday, September 27, he became aware that Fairview Park and Euclid were having the same problem. He contacted the Law Directors of both of those communities and made arrangements with the City of Euclid to join forces and file a mandamus action in the Supreme Court. The Board of Elections then cancelled the special Saturday meeting and made an agreement with the City of Euclid. Basically, they divided the City of Euclid and the City of North Olmsted in an effort to accomplish this by capitulating to the City of Euclid and not capitulating to the City of North Olmsted. He was then told that the Board of Elections was referring the matter to the County Prosecutor's off ce. That ruling was to be based on whether or not the Board of Elections had the obligation to establish the precincts in light of the fact that the city had a Republican primary election in Ward II, which in his opiniton, has nothing to do with the job of the Board of Elections when it comes to municipal self-government. The North Olmsted Charter specifically mandates that, within three months after the census has been certified, the City Council shall establish new ward boundaries. In the event the Council fails to do that, the job then is given to the Service Director. This Council, consistent with that Charter responsibility, did establish those ward boundaries and simply notified the Board of Elections to do their job to establish the precincts within those wards. As late as yesterday, he was assured that the County Prosecutor agreed with his interpretation. However, because he was concerned that the Board of Elections would again change their decision as they had done so several times, he asked for a special Council meeting on Sunday, September 30, to inform the Council as to what was going on and to inform them that he would file for a writ of mandamus in the Supreme Court of the State of Ohio. That was done yesterday. He has been informed that the County Prosecutor has given the opinion that the precincts should be established in the new wards and that presumably the fact that a primary was held in May was of little or no significance because of the fact that we are a chartered municipal corporation, Despite 2