AUSTINTOWN Change becomes final after 30 days
Home rule does not allow trustees to levy taxes.
AUSTINTOWN -- Two caimans living on Stanford Avenue can stay in their home until at least early April even if the township trustees approve home rule tonight.
That's because it takes 30 days for home rule to take effect. During those 30 days, township residents will be able to petition the Mahoning County Board of Elections to place home rule on the November ballot.
Home rule gives trustees the authority to pass health, safety, and sanitation ordinances that do not conflict with statutory law. It does not allow them to levy taxes or change the form of township government.
Once home rule takes effect, the trustees will need a unanimous vote to pass any home-rule ordinance. State law also requires the trustees to have two readings of the ordinance before they vote, unless they unanimously decide to have only one reading.
Legal review: Ordinances also must be reviewed by the township's legal adviser, which will be the Mahoning County Prosecutor's Office. If home rule is approved, the trustees are expected to endorse a one-year, $20,000 contract for the prosecutor's office to serve as adviser. As legal adviser, the prosecutor's office will be responsible for enforcing township home-rule ordinances in court.
County Prosecutor Paul Gains said the fee is based on the amount of work he expects his office to do as township adviser. He noted that his office was responsible for 24 civil cases or opinions in the township last year, and that private attorneys would typically charge township governments between $40,000 and $50,000 for each case.
State law does not allow township administrator Michael Dockry, who is an attorney, to serve as legal adviser and administrator.
Trustee David Ditzler said township residents can tell the trustees what issues they think should be addressed through home rule at trustee meetings or in person.
"We're not going to pass resolutions just to pass resolutions," he said.
Ditzler said he thinks the first two issues that will be addressed through home rule are exotic animals and property maintenance.