Park panel, Lorenzi oppose ballot issues for overhaul

The Mahoning County
elections board will hear the objections Tuesday.

By DAVID SKOLNICK

CITY HALL REPORTER

YOUNGSTOWN — The Youngstown Park and Recreation Commission filed a formal objection with the Mahoning County Board of Elections to stop the city from placing charter amendments on the November ballot to strip much of the body’s autonomy.

Also, Maggy Lorenzi of East Midlothian Boulevard, a citizen activist and former mayoral candidate, filed a similar objection.

The elections board will meet at 8 a.m. Tuesday to hear the protests.

Thomas McCabe, the county elections director, isn’t sure the board has any legal authority on this matter.

“We have to see if the board has any standing on this case,” he said. “When it comes to charter cities [such as Youngstown] on issues, it may not fall under our jurisdiction.”

The elections board has asked the county prosecutor’s office for a legal opinion on its authority regarding the protests, and what could be done if it does have that authority.

Mayor Jay Williams, who is strongly pushing for the amendments that would overhaul the commission, says the city is well within its power to put an amendment on the Nov. 6 election ballot through city council approval.

City Law Director Iris Torres Guglucello couldn’t be reached to comment Wednesday but has said city council has the right to place charter amendments on the ballot for consideration by city voters.

What’s in dispute

The commission and Lorenzi contend the city is not properly following Ohio Constitution Article 18, Sections 8 and 9, that deal with city charters and amendments.

Williams said they are misinterpreting the constitution.

The mayor also said he doesn’t anticipate any problems with getting the amendments on the ballot. The law department is preparing a legal brief to present to the elections board explaining council’s authority over charter amendments.

“The law director can come in with case law,” Lorenzi said. “You can bring 1,000 pages of case law, but the city charter and the state constitution will supersede anything.”

In a letter to city council members, Williams specifically points out that Michael James, appointed by council to the commission, filed the protest on behalf of the agency.

“I did think it appropriate to make you aware that Mr. James filed the protest challenging the authority of the body he is appointed to represent and alleging that the same body violated the city charter and state constitution,” Williams wrote.

Williams said he’s received calls from some council members asking how they can remove their appointee to the commission. That is being researched by the law department.

James, the commission’s secretary and its spokesman on this issue, said: “Working together, through dialogue and protocol, issues involving the park department can and will be resolved.”

Common interest

James said each organization involved in this issue — the commission, the city administration, city council — has a common interest to serve: the city and its citizens. “This is our common thread at this juncture as we work to preserve the integrity of each body and [a] resolution will be forthcoming,” he said.

There is a proper way to get charter amendments on the ballot, and that is to create a charter commission that would make those decisions, James has said. In James’ letter to the elections board, he said what city council did was “in clear violation” of the state constitution.

The proposed changes would require commission contracts and purchases to be approved by city council and the board of control and make the mayor, and not the commission, the appointing authority for all permanent park and recreation employees.

The commission was created Nov. 5, 1935, and though it gets nearly all of its money from the city’s general fund, the city administration and council have very limited authority over it. Williams has expressed a great deal of frustration with the commission, saying the agency is poorly run, has virtually no accountability and has “been fraught with problems.”

skolnick@vindy.com