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04/07/2015 Meeting Minutes
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04/07/2015 Meeting Minutes
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North Olmsted Legislation
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4/7/2015
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2015
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through the Charter Review process. At the time the issue was raised by members of City <br /> Council and the Administration of Westlake as to whether or not the recommendations of the <br /> Charter Review Commission were required to be placed before the voters. City Council <br /> authorized litigation and a friendly lawsuit was instigated to determine, by judicial decree, the <br /> process that was to be followed regarding recommendations of the Charter Review Commission <br /> being placed before the voters. The court held that the Charter Review Committee can only <br /> recommend to Council. Council can consider, amend, alter, or delete the recommendations of <br /> the Charter Review Committee. In other words, the recommendations of the Charter Review <br /> Commission are not required to be placed before the voters. Rather it is the City Council that is <br /> the body that makes the determination to do so by a 2/3rd vote of its members. <br /> Mr. Lambert always has been very fond of picking and choosing his language to suit his <br /> own purpose. Please note that Article XII of the Charter which provides for the amendment of <br /> the charter relates back to the Constitution of the State of Ohio at Article 18. In Article 18, as <br /> well as "Amendments to the Charter" in the charter at Article 14, there is an indication that there <br /> are two methods to amend the charter. One way is to have Council by 2/3 of the members vote <br /> to place a charter amendment on the ballot. The other is to have signatures submitted by the <br /> electors equaling 10% of the number of those who voted at the last general regular municipal <br /> election. There is no third way to amend the charter. Mr. Lambert, is free and loose with the <br /> terms of Article 14, entitled Charter Review Commission. There are a few very important words <br /> in that provision, not the least of which is within "9 calendar months after their appointment, the <br /> Charter Review Commission shall RECOMMEND TO COUNCIL..." the Council then shall <br /> forthwith submit to the electors as specified....in the "Article Amendments to Charter." The <br /> article Amendments to Charter indicates that there are only two ways that the charter can be <br /> amended, which are to be submitted in accordance with the Constitution. Once again, this is Mr. <br /> Lambert's slight of hand in his attempt to buffalo people who he is preaching to. <br /> I wonder if Mr. Lambert ever truly contemplated what he is espousing. Imagine an issue <br /> goes before the Charter Review Commission; it is approved by 4 of the 7 members of the Charter <br /> Review Commission. According to Lambert, those 4 members who were never elected would <br /> have superpower to have matters placed on the ballot, which the City Council could not even <br /> have because it takes 2/3 of the members of Council to do that. To permit such action would be <br /> to permit the City Council to delegate its authority to 4 members of the Charter Review <br /> Commission when, if fact, they do not have a right to delegate that authority and the Constitution <br /> provides that it takes 2/3 of the members of Council to accomplish the feat of having the charter <br /> amendment placed on the ballot. <br /> Mr. Lambert is a buffoon. He stands up and pretends to be an expert about something he <br /> knows nothing about. Yet, he thinks that he has the right to judge my professionalism by saying <br /> such things as "Michael Gareau, Sr. is not trustworthy...is basically deceptive in the way he did <br /> business as a city lawyer..." By advising the Council back 20 years ago regarding this issue he <br /> was dishonest and deceptive and that opinion was an abuse of power and that violated his oath <br /> office. <br /> Rest assured that the opinion I formulated in 1971 and delivered to the City of North <br /> Olmsted in the early 70's, 80's and 90's is the same. There are only 2 ways that you can amend <br /> the Charter of a city. One is by Ordinance passed by 2/3 of the members of Council; the other is <br /> through petition presented by the electors to council to have the same placed on the ballot. There <br /> is no other way to have charter amendments placed on the ballot. Judge Nara in the case of <br />
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