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An initiative to remake Nelsonville’s city government appears less likely to make the fall ballot
By: Theo Peck-Suzuki | Report for America
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ATHENS, Ohio (WOUB/Report for America) — A judge has put a temporary hold on efforts to advance a ballot initiative that would remake Nelsonville’s city government.
The initiative would end Nelsonville’s charter government and return the city to the system it had before 1995. Council seats would be divided into wards and new elections would be held for those seats. In addition, the city would once again have an elected mayor, instead of a city manager appointed by council.
The initiative received enough signatures to appear on the November ballot. At that point, according to the city charter, council was supposed to meet to pass an ordinance sending it to the Athens County Board of Elections for certification. But that didn’t happen.
As a result, Nelsonville residents Vicki McDonald and Greg Smith asked the Athens Court of Common Pleas to compel council to act. The court initially granted that request, finding the city council had failed to fulfill its duties as laid out in the city charter.
City council members appealed in response, prompting the court to stay its order.
In granting the stay, Judge Patrick McCarthy wrote that the court had various concerns, including possible costs if the initiative were approved and then struck from the ballot on appeal. He also expressed concern about whether the initiative gave the city enough time to transition to a new form of city government.
The case now goes to the Fourth District Court of Appeals, which could cause problems for the initiative’s supporters. The initiative can’t appear on the ballot if council doesn’t send it to the board of elections by August 7th.
However, McCarthy noted in the stay order that even if the proceedings last beyond that date, McDonald could still submit “a similar initiative at the next appropriate election.”
McDonald, her attorney, and the city attorney did not return calls requesting comment.