RESOLUTION NO.

_________

A RESOLUTION OPPOSING THE ADOPTION OF ISSUE NO. 14, AN

INITIATIVE CHARTER AMENDMENT TO PROVIDE FOR A MAYOR TO
BE ELECTED TO COUNCIL, AND DECLARING AN EMERGENCY.

WHEREAS, the citizens of the municipality of Chardon adopted a charter in

April, 1978 for the governance of the municipality of Chardon as a Home Rule
community; and

WHEREAS, the electorate adopted in the Charter a "council-manager" form

of government; and

WHEREAS, the Council appoints the city manager who administers the
government of the City of Chardon; and

WHEREAS, the issue of an elected mayor was raised and discussed during
the meetings of the Charter Review Committee; and

WHEREAS, the Charter Review Committee did not recommend a Charter

amendment for the election of a mayor; and

WHEREAS, an initiative petition was circulated to place a charter

amendment for the election of a mayor on the ballot; and

WHEREAS, the Council of the City of Chardon is required by law to

recommend that an initiative charter amendment be placed on the ballot when the
Clerk determines that there are sufficient signatures pursuant to Ohio law; and

WHEREAS, Council's passage of Ord. No. 3028 was not an endorsement or

approval of the charter initiative amendment for the election of a mayor; and

WHEREAS, a charter initiative amendment for the election of a mayor,

Issue No. 14, is on the general election ballot; and

WHEREAS, legal counsel for the City of Chardon who reviewed the petition
and prepared the ordinance to place the initiative petition on the ballot advised
Council that there are legal questions about the proposed initiative charter
amendment and it is inconsistent and incompatible with the remainder of the Charter;
and

WHEREAS, the Law Director has reviewed and analyzed the petition and
concurs with and adopts the opinion of legal counsel; and

WHEREAS, the initiative charter amendment as written will result in seven

council members, four incumbents serving from 2018 thru 2021, three members of
council elected for four years serving from 2020 thru 2023, and a mayor elected for
two years serving in 2020 and 2021, resulting in a total of eight elected positions
during the years 2020 and 2021; and

WHEREAS, the petition as written requires that the mayor shall perform all
duties prescribed for him/her in the Charter and those given to the mayor by general
law, the Ohio Revised Code; and

WHEREAS, many of the duties of a mayor under the Ohio Revised Code are
duties which will be in direct conflict with duties performed by the city manager
under the Charter; and

WHEREAS, the conflict in duties between the city manager and mayor
undermines the guiding principle of the City's Charter, which is the council-manager
form of government; and
 WHEREAS, the initiative charter amendment changes the practice of the
mayor presiding only over Council meetings and will require the mayor to preside
over all municipal meetings; and

WHEREAS, if the elected mayor is unable to serve a full term, the vice-
mayor, who is selected by the mayor under the initiative charter amendment and not
elected as vice-mayor by the people, would become mayor and serve the remainder
of the mayoral term; and

WHEREAS, if Issue No. 14 passes, the City will be required to pay for the
interpretation and revision thereof, either by time consuming and expensive litigation
or proposal of a new charter amendment to correct the inconsistent and incompatible
Charter sections at a special election in 2019, which would cost the City of Chardon
approximately $6,000; and

WHEREAS, If Issue No. 14 passes the eighth elected member of council

will cost the City an additional $13,680 in Council salary including retirement during
the period of 2020 and 2021.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of

Chardon, State of Ohio, that:

SECTION 1. The Council of the City of Chardon opposes the adoption

of Issue No. 14 for the reasons stated above.

SECTION 2. The Council of the City of Chardon urges the City's

voters to oppose Issue No. 14 on Tuesday, November 6, 2018.

SECTION 3. It is found and determined that all formal actions of this

Council concerning and relating to the adoption of this resolution were adopted in an
open meeting of this Council and that all deliberations of this Council and any of its
committees that resulted in such formal action, were in meetings open to the public,
in compliance with the law, including §121.22 of the Ohio Revised Code.

SECTION 4. This resolution constitutes an emergency measure necessary

for the immediate preservation of the public peace, health and welfare, and for the
further reason that the resolution must be effective on the date of the November
general election, November 6, 2018.

PASSED AND ADOPTED THIS 11th day of October, 2018.

_____________________________
JEFFREY L. SMOCK, Mayor
President of Council
Attest:

_____________________________
Amy Day
Clerk of Council

Upon roll call vote, the members of Council voted as follows:

Mr. Blackley _________________

Mrs. Chuha __________________
Mr. Grau ____________________
Mr. Lelko ___________________
Mrs. McArthur_______________
Mr. Meleski _________________
Mr. Smock __________________
c:\doc\lawdirector.fil res issue 14