Athens City Council and city administration clash on a reappointment to the city’s Board of Zoning Appeals

By: Jack Greene
Posted on: Friday, October 18, 2024

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Athens, OHIO (WOUB) – The city of Athens could face a difficult legal question if the City Council votes no Monday on one of the mayor’s reappointments to the Board of Zoning Appeals.

The city code says the mayor needs the council’s approval for new appointments to boards and commissions he oversees, but is silent on whether the mayor needs approval for reappointments.

Law Director Lisa Eliason recommended the mayor seek approval of his reappointments to the BZA based on precedent.

Mayor Steve Patterson disagreed with that opinion and instead moved forward with his two reappointments and swore in both candidates to a new three-year term on the BZA.

Some councilmembers are upset with the move, calling it “autocratic.”

The council will vote on the reappointments at its meeting on Monday. If either is not approved, it could put the city’s legislative and executive branches at odds.

Multiple councilmembers have raised concerns with Joe Krause’s reappointment after they heard of multiple issues with the Athens landlord.

Councilmember Solveig Spjeldnes is one of those who voiced their concern with Krause at the council’s last meeting.

“I think it is fair that we have a say in what person is best qualified,” she said.

Krause received numerous citations from the city’s code enforcement office before 2022. A majority of the citations involved issues with smoke detectors that needed to be installed or replaced and fire extinguishers that needed their annual recertification.

Spjeldnes said she was unaware of Krause’s record when she voted for his appointment in 2021.

“If you are going to be on a commission … you ought to be an exemplary person in that field,” she said.

Council President Sam Crowl said there are no “current issues” with Krause’s properties. 

The Board of Zoning Appeals is one of around 13 boards and commissions the mayor makes appointments and reappointments to. 

Patterson said moving forward he will not seek the council’s approval for reappointments since it isn’t required in the code.

“If it is a new appointment, being in compliance with code, I will have council approve an individual serving on a board or commission I am responsible for,” he said. “But reappointments, no, there is no need because council initially appointed them.”

In an email obtained by WOUB, Eliason wrote that although there is no mention of reappointments in the code, “past practice has been for the mayor to reappoint members to the BZA with confirmation by Council.”

Eliason cited the definition of reappoint in her legal opinion to city officials. She said reappointments means, “to name officially to a position for a second or subsequent time; to appoint again.”

“Based upon the foregoing, a reappointment by the mayor would require confirmation by council,” she said.

Eliason suggested the council amend the city code to clarify mayoral reappointments in the law.

Patterson argued a change in the city code would encroach on his rights as mayor.

“If we are amending stuff, I think it would be appropriate for you to include a clause that says the mayor of Athens can veto any appointment that you have,” he told councilmembers. “I have no say in the six or seven boards or commissions that you put people on.”

Eliason and Patterson declined to speculate what would happen if the council were to vote no on either reappointment.

Crowl said he expects to see councilmembers make changes to the city code to address issues like this.

Councilmember Alan Swank told WOUB going back and looking at the city’s code depends “on what happens next Monday night.”