Campbell council to to vote down charter amendments, despite law director’s counsel

By SARAH Lehr

slehr@vindy.com

CAMPBELL

A majority of city council members said they plan to block charter amendments from the November ballot.

Officials met with members of the Charter Review Commission during a special meeting this week, and Atty. Mike Maillis, commission chairman, said he will not sue city council if council blocks proposed charter amendments from voters.

Maillis said he has further reviewed state law and concluded city council may have the right to legally block the amendments.

Maillis referred to a portion of the Ohio Constitution that outlines two methods for amending a municipal charter. Two-thirds of city council can vote to have the amendments come before voters or 10 percent of voters can sign a petition to have amendments go to the ballot.

There is some question as to how state law jibes with Campbell’s charter, which is the city’s governing document. The city’s charter states, “The Council shall provide for the submission of the recommendations of the Charter Review Commission to the electors at the general election of the following year.”

Maillis concluded the Ohio Constitution conflicted with Campbell’s charter, meaning city council potentially could legally vote down the commission’s recommendations. To halt the actions of city council, Maillis would need to file a writ of mandamus. Maillis said he decided not to take that action because he believes he does not have a “clear, legal right” to do so.

Campbell Law Director Attorney Brian Macala disagrees with Maillis’ interpretation of the law, arguing that city council is obligated to send all amendments proposed by the commission to the board of elections without modification.

Despite Macala’s counsel, council President George Levendis, 2nd Ward Councilman Bryan Tedesco and 4th Ward Councilwoman Juanita Rich said Monday they would favor voting on each of the amendments individually, in order to block some of them from the ballot. Third Ward Councilman Joseph Mazzocca Jr. disagreed.

“I say their work should go to the people,” Mazzocca said. “Let the people decide.”

Levendis said Tuesday he opposed an amendment that would create two councilmen-at-large positions, but that he would be willing to bring that issue before voters. He said, however, he would block an amendment that would prohibit council from reducing or eliminating the city’s fire department without a vote from the electorate.

The commission will have a public meeting at 7 p.m. today at city hall to discuss rescinding the amendment relating to council’s ability to eliminate or reduce the fire department.