Some Nelsonville City Council members may stay on past their term limits

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ATHENS, Ohio (WOUB) — Some Nelsonville city councilors say they will stay on council beyond their one-month term because of uncertainty over who will be on council come Jan. 1. 

former Council President Greg Clement, Council Vice President Nancy Sonick and local business owner Amy Hollenbaugh hold one hand in the air as they are sworn in to Nelsonville City Council
Nelsonville City Council appointed former Council President Greg Clement, Council Vice President Nancy Sonick and local business owner Amy Hollenbaugh to fill three vacant seats during Monday night’s special meeting. [Haley Richardson | WOUB].
This uncertainty is because of an ongoing lawsuit concerning the council’s repeal of a ballot initiative to change the city’s form of government.  

Enough candidates ran under that initiative to fill all council seats. But it’s unclear whether they will be able to take their seats next year. Meanwhile, no candidates ran for a full council seat under the city’s current charter government. 

Instead, four candidates ran for a December-only seat under the charter. But they now plan to keep these seats into next year. 

During Monday night’s special council meeting, city Law Director Jonathan Robe swore in Councilmembers Nic Joseph Saul, Cameron Peck, McCray Powell and Cory Taylor, who were reelected to their seats for the month of December.  

The council elected Peck council president and Saul vice president.   

Those four then appointed former council President Greg Clement, former council Vice President Nancy Sonick and local businesses owner Amy Hollenbaugh to fill the three vacant seats. Clement did not submit a letter of interest and is filling a vacancy on council only until Dec. 31.  

The December-only term was originally recommended by a citizen commission formed to guide Nelsonville through its transition to a statutory government under Issue 23, a citizen-led ballot initiative voters passed last November to abolish the charter and establish a government with an elected mayor and partisan council.  

Under Issue 23, the new government would take effect Jan. 1, leaving one month between the end of the previous council’s terms and the new councilors taking office. This potential lapse in government became known as the December problem 

However, the council repealed Issue 23 in August, citing the December problem and the overall lack of a transition plan. The city then asked the Ohio Supreme Court to remove all candidates running under Issue 23 from the November ballot.  

The court denied the city’s request but did not rule on whether the repeal was valid. 

Last month, 11 candidates, including seven for City Council, won seats under Issue 23 – under a government that does not exist as of now.  

The Athens County Board of Elections certified those candidates, meaning there are 11 people certified for offices they cannot take come Jan. 1 because of the repeal.   

A lawsuit in the Athens County Court of Common Pleas asks the court to decide if the council’s repeal of Issue 23 was valid. A ruling has yet to be issued.  

While Clement and Taylor will only serve for the one-month term, new council President Peck said because Issue 23 candidates cannot take office, the remaining councilors will invoke Ohio Revised Code Section 3.01, which would allow them to continue sitting on the council beyond Dec. 31 to fill a vacancy.  

After the meeting, Hollenbaugh said she was looking forward to what the new council can accomplish.  

“Being on (the) council, too, that’s just a dream and really bring(ing) a lot of new blood and new ideas that help take us right into the future,” she said.  

Hollenbaugh said extending their terms will give the council more time to work on amending the city’s charter.  

Sonick said no matter what happens on Jan. 1, she wants Nelsonville residents to understand what is happening in their city.  

“I’m hoping that when Jan. 1 comes, we don’t have any unhappiness among the individuals that come,” Sonick said. “We’re going to do our best, and for December, we’re going to slide through it and make everyone aware of what’s going on.”