Ohio court dismisses filing over parks commission

YOUNGSTOWN — The Ohio Supreme Court dismissed a legal filing from a local activist who objected to how city council placed charter amendments to overhaul the city’s park and recreation commission on the Nov. 6 ballot.

In Friday’s unanimous decision, the court wrote that it lacks jurisdiction over the matter.

The court ruled that it lacks “jurisdiction over mandamus claims to prevent issues from being placed on an election ballot.”

Terrence P. Esarco of East Midlothian Boulevard had filed the action through his attorney, Brian P. Kish on Oct. 1, challenging the legality of city council’s Sept. 5 vote in favor of putting the amendments on the ballot.

The judges wrote that Esarco failed to file a protest against the council action with the Mahoning County Board of Elections, the initial proper venue for such action.

Esarco didn’t file an objection with the elections board. But Maggy Lorenzi of East Midlothian Boulevard and Michael James, a member of the park and recreation commission, did. The elections board rejected the objections Sept. 18.

City officials have insisted that they followed proper protocol by having council vote to place the amendments on the ballot.

Kish blasted the decision, calling it “horrible.”

“The Supreme Court, once again, sided with a city over its residents,” he said.

If the amendments are approved by voters, the commission’s contracts and purchases would require approval by city council and the board of control.

Also, the mayor, and not the commission, would appoint all permanent park and recreation employees, except the director.