Plan to check backgrounds is withdrawn

The law director says the proposal isn't enforceable.
By DAVID SKOLNICK
CITY HALL REPORTER
YOUNGSTOWN -- The city councilman sponsoring legislation to require those seeking elected positions in Youngstown to have criminal-history checks has temporarily withdrawn the proposal.
Councilman Paul D. Pancoe, D-6th, said the law department did a poor job writing the legislation.
"In my mind, the law department put no effort into it," he said. "I'm not pleased with the language."
Pancoe pulled the legislation Wednesday at council's finance committee meeting held just before the council meeting. Pancoe said the law department has until council's next meeting, June 7, to properly write the legislation.
Law Director Iris Torres Guglucello said Pancoe's proposal isn't enforceable and nothing written into the legislation will change that.
"If the councilman can come up with a method of enforcement, we'll talk about it," she said. "I leave it open for the councilman to come up with a way to enforce this."
What would be required
The legislation would require candidates seeking elective office in the city to undergo a criminal background investigation check. But the legislation doesn't say who would pay for the checks, which agency would do the investigations, and what the penalty would be for candidates who refuse to comply with the proposal.
"We can't fine or arrest anyone who doesn't agree to the check," Guglucello said. "There's no enforcement to it."
The ordinance also doesn't make it illegal for felons to run. It may not be possible to forbid felons from running, but at least their criminal record would be known before the election, Pancoe said.
State law doesn't forbid felons from running for office, but they can't hold the job unless they get their criminal record sealed or get a presidential pardon, says the Ohio secretary of state's office.
Not adopting legislation
Also Wednesday, council opted not to adopt four pieces of legislation related to the Lincoln-Rayen-Wood development district.
Council will vote June 7 whether to give the legislation approval.
The legislation may have trouble passing, however.
Councilmen Michael Rapovy, D-5th, and Pancoe -- considered swing votes on this proposal -- say they are undecided. The proposal would stall without one or both of their votes.
The project takes in 38 acres bounded roughly by Commerce Street as well as Lincoln, Fifth and Wick avenues.
The city wants to turn the area into a development district. That designation would give the city the power of eminent domain to forcibly take property needed for this project if owners don't agree to sell.
The project's key element is a new $30 million Youngstown State University College of Business Administration on Phelps Street.
Four business owners, including three in the proposed development district, voiced their opposition to the plan at the council session.
skolnick@vindy.com