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A state appeals court may decide whether to limit the actions of Nelsonville’s rival governments
By: David Forster
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ATHENS, Ohio (WOUB) — A court may decide to what extent rival Nelsonville governments can conduct city business until a decision is made which is the legitimate government.
One of the rival governments continues to operate under the city charter. The other argues the charter was abolished by voters and it operates as what is known as a statutory government.
Both are operating as if they are the rightful government, which means there are two city councils holding regular meetings and passing ordinances.
The statutory council wants the court to issue an injunction preserving the status quo, meaning, for example, that neither council could pass ordinances. In so doing, the court would limit the number of actions taken by a council that might have to be undone if that council were found to be illegitimate.
The statutory council also wants the court to allow both councils to meet at City Hall in the meantime.
As of now, only the charter council is meeting in the council chambers at City Hall. The statutory council is meeting at The Lodge at Hocking College because it is not allowed access to City Hall, which is traditionally considered the legitimate seat of power in municipal government.
In a response filed Friday, the charter government argues that a court order limiting permissible actions would make it difficult to conduct essential city operations.
“Nelsonville will have two competing councils operating simultaneously out of City Hall, the one universally agreed-upon location of Nelsonville’s local government,” the charter government argues in its response. “The good people of Nelsonville would find themselves in the even more bewildering situation of choosing which council’s directive and legislation to obey and which set of officials have the ability and authority to address the immediate needs of the people.”
Given Nelsonville’s history, the charter council argues, any kind of power-sharing arrangement would fail because the rival factions cannot work together.
These factions have been fighting in court since a citizen initiative to abolish the charter government was first proposed two years ago.
The charter council waged an unsuccessful court battle to keep the initiative, known as Issue 23, off the November 2024 ballot. Nelsonville voters passed the initiative by an overwhelming majority.
The city was then on track to make the transition to a statutory government on Jan. 1 of this year, right after the city charter was set to expire under Issue 23 at the end of last year.
But last August, the council abruptly changed course and voted to repeal Issue 23. It then tried to remove candidates from last November’s ballot who were running for positions in the new statutory government, but the Ohio Supreme Court refused to grant the request.
The charter council in place in December held onto its seats into the new year. Meanwhile, the statutory candidates elected in November have established a rival government.
The principal difference between the two forms of government is that under the charter, power is concentrated in the city council, and under a statutory government power is split between the council and an elected mayor.
The charter government argues its statutory rival has no legitimacy because of the repeal of Issue 23. The city charter allows residents to put initiatives on the ballot that have the force of law. But the charter also says initiatives should be treated the same as an ordinance passed by council.
What this means, the charter government argues, is that just as an ordinance can be repealed by council, so can an initiative.
The statutory government argues that the initiative process in the charter is derived from the right to initiative established in the Ohio Constitution. A city council does not have the authority to infringe on a constitutional right, in this case by voting to repeal an initiative, according to this argument.
It is unknown when the appeals court will make a decision.