PROTESTS

PROTESTS

Charter amendments

The Youngstown Park and Recreation Commission and Maggy Lorenzi, a citizen activist and former mayoral candidate, have filed formal protests with the Mahoning County Board of Elections. The commission and Lorenzi contend in separate complaints that the city is violating the Ohio Constitution by permitting legislation approved by city council to change the commission’s operations to be on the November ballot. They contend the Constitution requires a charter commission to be created for proposed amendments. These are the two constitutional sections they cite in their protests:

18.09 Amendments to charter; submission; approval

Amendments to any charter framed and adopted as herein provided may be submitted to the electors of a municipality by a two-thirds vote of the legislative authority thereof, and, upon petitions signed by 10 per centum of the electors of the municipality setting forth any such proposed amendment, shall be submitted by such legislative authority. The submission of proposed amendments to the electors shall be governed by the requirements of section 8 as to the submission of the question of choosing a charter commission; and copies of proposed amendments may be mailed to the electors as hereinbefore provided for copies of a proposed charter, or pursuant to laws passed by the general assembly, notice of proposed amendments may be given by newspaper advertising. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of the charter of the municipality. A copy of said charter or any amendment thereto shall be certified to the secretary of state, within 30 days after adoption by a referendum vote. (Enacted Jan. 1, 1971)

18.08 Submission of question of election of charter commission; approval

The legislative authority of any city or village may by a two-thirds vote of its members, and upon petition of 10 per centum of the electors shall forthwith, provide by ordinance for the submission to the electors, of the question, "Shall a commission be chosen to frame a charter." The ordinance providing for the submission of such question shall require that it be submitted to the electors at the next regular municipal election if one shall occur not less than 60 nor more than 120 days after its passage; otherwise it shall provide for the submission of the question at a special election to be called and held within the time aforesaid. The ballot containing such question shall bear no party designation, and provision shall be made thereon for the election from the municipality at large of fifteen electors who shall constitute a commission to frame a charter; provided that a majority of the electors voting on such question shall have voted in the affirmative. Any charter so framed shall be submitted to the electors of the municipality at an election to be held at a time fixed by the charter commission and within one year from the date of its election, provision for which shall be made by the legislative authority of the municipality in so far as not prescribed by general law. Not less than 30 days before such election, the clerk of the municipality shall mail a copy of the proposed charter to each elector whose name appears upon the poll or registration books of the last regular or general election held therein. If such proposed charter is approved by a majority of the electors voting thereon it shall become the charter of such municipality at the time fixed therein. (Enacted Sept. 3, 1912)