FIRE DEPARTMENT Council allows vote challenge

Council believes two voter-approved issues are unconstitutional.
By D.A. WILKINSON
VINDICATOR SALEM BUREAU
SALEM -- Council has authorized a legal challenge to two fire department issues overwhelmingly passed by voters.
By almost a two-thirds margin Tuesday, voters approved two initiative petitions that would prevent the city from creating a fire district or eliminating its fire department without putting the plans to a public vote.
Council wants to form a fire district with Perry Township to save money.
Lawmakers voted unanimously at a brief meeting Wednesday to authorize law director Brooke Zellers to act.
Nancy Cope, the head of council's finance committee, said two private lawyers employed by the city have said the ballot initiatives are unconstitutional.
Cope said the Ohio Constitution gives legislative authority to council.
Approval
Voters did approve two city ordinances that will require the city to put its plans for the fire department before voters. The initiatives were prepared with the help of a lawyer. Fire department supporters explained the issues are the legal opposite of citizen initiatives to repeal or block legislation.
Before the election, Cope said she and council were only hearing support for the fire district with the exception of the fire department members.
When asked if she thought there was still limited support for the fire department, Cope said, "Well, obviously not."
Also Wednesday, council also asked Zellers to prepare legislation for a 7.2-mill fire levy. Council did not authorize placing it on the ballot. The earliest it could go before voters would be at a special election in February.
wilkinson@vindy.com