Park commission issue remains on ballot

The elections board relied heavily on the city law
director’s opinion.

By DAVID SKOLNICK

VINDICATOR POLITICS WRITER

YOUNGSTOWN — The Mahoning County Board of Elections denied objections to remove from the Nov. 6 ballot proposed charter amendments to strip much of the Youngstown Park and Recreation Commission’s autonomy.

The board relied heavily on a legal opinion from city Law Director Iris Torres Guglucello. She cited case law at a Tuesday hearing that she says showed the city followed the law in getting the amendments on the ballot.

The board also requested the county prosecutor’s office, its legal adviser, provide an opinion on the matter.

Linette M. Stratford, the office’s civil division chief assistant prosecutor, faxed the board a brief opinion on the matter late Monday. In the opinion, Stratford wrote that legal counsel for cities “will often time be better suited to provide the analysis on the interpretation of their relevant charters.”

In the letter, Stratford wrote that the office reviewed documentation provided by Guglucello and agreed with her opinion.

Youngstown City Council unanimously voted Sept. 7 to put charter amendments in front of voters Nov. 6 that would overhaul the park and recreation commission. Mayor Jay Williams said there are major, long-standing problems with the commission, most notably its lack of accountability and poor organizational structure.

The changes would require commission contracts and purchases to be approved 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.

Who filed objections

The commission and Maggy Lorenzi of East Midlothian Boulevard, a citizen activist and former mayoral candidate, filed objections with the elections board.

They said the city charter and the Ohio Constitution don’t permit city council to vote to put amendments on the ballot. They say the only way to do so is through the creation of a charter committee or a citizen initiative.

Guglucello pointed to 1941 and 1995 Ohio Supreme Court decisions that permit city council by at least a two-thirds vote to place charter amendments on the ballot.

Mark Munroe, the elections board’s vice chairman, said he wasn’t convinced by the commission’s and Lorenzi’s arguments that the city acted improperly.

Michael Morley, another board member and an attorney, said he sides with Guglucello and Stratford. But, he said, “If I’m going to make a mistake, I’d rather do it by keeping the issue on the ballot. If it’s a close call, I’ll let the people decide.”

Lorenzi wanted the elections board to consult with the Ohio Attorney General’s Office to get a legal interpretation of the Ohio Constitution provisions on charter amendments. The board declined with Munroe saying it wasn’t necessary.

Lorenzi said she was “looking into other options” to get the amendments off the ballot, but declined to give specifics.

The board was to hear an objection Tuesday from Jamael Tito Brown to the eligibility of his opponent, Vincent Thomas, for Youngstown City Council’s 3rd Ward seat. But Brown, the Democratic nominee for the seat, withdrew his objection late Monday.

skolnick@vindy.com