CHARTER REVIEW BOARD
CITY HALL, 100
LOCKVILLE ROAD
THURSDAY, JULY 8, 2010
REGULAR MEETING
9:00 P.M.
1. ROLL CALL. Mr.
Hackworth called the meeting to order at 9:10 P.M., with roll call as
follows: Mrs. Chapman, Mr. McKinney, Mr.
Hackworth, Mr. Gray, Mr. Holstine, Mr. Kramer, and Mr. Donathan were
present. No members were absent. Others
present were: Mayor O’Brien, Phil
Hartmann and Lynda Yartin.
2. APPROVAL OF MINUTES OF July 1, 2010, Regular Meeting. Mr. Kramer
moved to approve; Mrs. Chapman seconded the motion. Roll call was taken with Mr. McKinney, Mr.
Hackworth, Mr. Donathan, Mr. Gray, Mr. Holstine, Mr. Kramer, and Mrs. Chapman
voting “Yea.” Motion passed, 7-0.
3. COMMUNITY COMMENTS.
Mayor O’Brien
stated he would like to thank the members for volunteering for this Board and
their accomplishments. He stated he
would also like to thank Mr. Holstine who would be deploying to Afghanistan
tomorrow and let him know his service was appreciated. Mr. Gray stated he would also like to state
that he appreciated working with everyone.
Mr. Hackworth stated he also wanted to thank everyone for their service
on this Board.
Mr. Hartmann
stated he would like to let everyone know they have a couple of options this
evening. The first would be to go forward
this evening and move the draft ordinances with the recommended changes forward
to Council and have it put on the November
ballot. He stated the second is to
approve this tonight and request it be put on the May ballot if they wanted to
wait. The final option would be to
continue on and have it put on the May ballot with additional input from a
joint Council meeting if there is any interest
in that as a couple of council members have expressed that interest. Mr. Hackworth stated he felt the Board’s
function was to review the Charter and they had covered every section, and he
did not quite understand what input council members would have at this
point. Mr. Hackworth stated further if
it would go to the ballot in May, this Board would be kept in session for
another six to eight months. Mr.
Hackworth stated this Board has been meeting for six months and if any member
of council wanted to provide some input they have had plenty of time to do
that. Mr. Hackworth stated further that
if council had concerns, they could put issues on the ballot to amend the
Charter. Mr. Hartmann stated Mr.
Hackworth was correct, council could do that.
Mr. Hackworth stated if council does not like what this Board did, they
could put something on the ballot. Mr.
Hartmann stated that was correct, council does not have a choice with anything
the Board has recommended, it must be put straight to the ballot. Mr. Hackworth stated this Board was convened
because the Charter required a Charter Review Board and he felt this Board had
done its job. Mr. Kramer stated he
agreed with Mr. Hackworth and in the months they have been meeting only one
council member and the Mayor attended the first meeting. Mr. Kramer stated at this point he felt they
should go forward as planned and put this to rest. Mr. Donathan stated he agreed with Mr.
Kramer. Mr. Hackworth inquired if Mr.
Hartmann had received information about what the concern from council was and
Mr. Hartmann stated the one concern was that it would have to be passed as an
emergency, but he felt that was mitigated because there could not be a
referendum; but is going to the ballot which is what the right of referendum
is. He stated the concern was that the
perception of it being put on as an emergency looks rushed. Mr. Gray stated he would like to point out
that the minutes of these meetings have been available to everyone, every
meeting has been open to the public, and all members have been available for
questions. Mr. Gray stated he felt that
when you finished something and there were questions at the last minute, the
objective is nothing more than to hold up the process. Mr. Gray stated this Board has worked hard
and this did not make a lot sense and he felt the real crime would be not to
put in on the November ballot because it will be a governor election and there
will be a heavy turnout. He stated this
would be the most likely time for people to have the opportunity to vote. He continued if you put it on the May ballot
you would, by default, have less public input on the document. Mr. Hackworth stated Council
will have two meetings where this can be voted on, so they could have two
readings on one night and the final reading with the emergency at the second
meeting. Mr. Hartmann stated that was
correct, it would need to be passed with emergency because there is not enough
time for the 30 day wait. Mr. Hackworth
stated he understood that, but the option of council of not doing all three
readings on one night was there. Mr.
Hackworth stated this would not take away the option of council not to put it
on the November ballot, and they could put it on the May ballot. Mr. Hartmann stated he had research this and
based on the law the Charter Review Board has the authority to directly make
the decision that council needs to put it on the next immediate election and
council cannot prevent it. Mr. Gray
stated then this Board could request it go on the November ballot and Mr.
Hartmann stated that was correct. Mr.
Donathan clarified that if this is passed by this Board today then it must be
passed by Council with the emergency. Mr. Hartmann stated that was correct and Council’s
role is purely administrative in the sense that they forward it to the ballot;
they do not have the ability to review it.
Mr. Gray clarified that in order to be on the November ballot it must be
at the Board of Elections by August 4th. Mr. Gray stated as Mr. Hartmann had indicated
an emergency is only a concern when the people don’t have a right to file a
referendum, but in this situation it is being voted on by the people, so you
can’t go wrong.
4. SCHEDULED MATTERS:
A. Review and request for motion to approve
draft ordinance providing for Charter revisions. Mr. Donathan stated the second paragraph of
Section 2.06, Officers, does not reflect the language he thought the Board had
requested. Mr. Gray stated he agreed,
this Board had discussed that and had recommended the language should reflect
that the Mayor would provide notice to the City Clerk of his unavailability or
be unable for any cause to perform his or her duties, the President of Council
would be the Acting Mayor. Mr. Hartmann
stated he would add the wording to the effect that “When the Mayor provides
notice to the City Clerk of his unavailability or if he is unable for any cause
to perform his or her duties, the President of Council
would be the Acting Mayor.”
Mr. Donathan
also stated in Section 2.05 (E), it states no measure shall be passed without
at least an affirmative vote of four council members. Mr. Hartmann stated that was correct. Mr. Hartmann stated he had originally worded
it as “a majority of council” and Mr. Gray had specifically questioned if that
meant all of council. Mr. Hartmann
stated that was how he interpreted it, however, he had three other law
directors in his office read it and one argued they thought it was ambiguous
and could be a problem. Mr. Hartmann
stated he then worded it with the four hard council votes because that was
everyone’s concern, they did not want something to pass with three votes if
there were two empty seats. Mr. Hartmann
stated the likelihood of two seats being vacant was slim, however, to avoid any
ambiguity and arguments he felt it would be better to word it in this manner. Mr. Donathan stated he did not have a concern
with stating four votes were required.
Mr. Gray stated
he just wanted to make it clear in the record that it is the intent of this
Board through the wording of the section that discusses the Manager being
supervised by the Mayor, that it was made crystal clear that the Mayor is the
Manager’s boss. All Board members stated
that was correct.
Mr. Kramer moved to approve the draft
ordinance with the Pickerington City Charter changes and to forward it to Council for placement on the November 9, 2010
ballot, with the correction of the wording in Section 2.06 (E) regarding the
Mayor’s absence as just discussed; Mr. Holstine seconded the motion. Roll call was taken with Mrs. Chapman, Mr.
Hackworth, Mr. McKinney, Mr. Donathan, Mr. Kramer, Mr. Holstine, and Mr. Gray
voting “Yea.” Motion passed, 7-0.
5. CHAIRMAN. Mr.
Hackworth stated he had nothing further to bring forward.
6. OTHER BUSINESS: Mr.
Hackworth stated he has scheduled a Council
work session for July 20, 2010, at 6:30 P.M., so any Board member that could
attend could answer any questions council may have. Mr. Hackworth stated he planned on attending
and Mr. Kramer stated he planned on attending as well.
7. ADJOURNMENT. There being nothing further, Mr. Kramer
moved to adjourn; Mr. Donathan seconded the motion. Mr. McKinney, Mr. Donathan, Mrs. Chapman, Mr.
Holstine, Mr. Kramer, Mr. Gray, and Mr. Hackworth voted “Aye.” Motion
carried, 7-0. The Charter Review
Board adjourned at 9:34 P.M., July 8, 2010.
RESPECTFULLY SUBMITTED:
_______________________________
Lynda D. Yartin, Municipal Clerk