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Nelsonville residents go to court to get an initiative on the ballot to change the city’s government
By: Donovan Varney
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ATHENS, Ohio (WOUB) — Two Nelsonville residents are asking a judge to order city leaders to put an initiative for a new city government on the November ballot.
The initiative, if passed, would return the city of Nelsonville back to the form of government it had before it adopted a city charter in 1995. Before then, the city was run by a mayor elected by the residents. Under the charter, a city manager appointed by the council runs the city.
Nelsonville resident Vicki McDonald began collecting signatures for the initiative in May. She said she wants to abolish the charter to address issues with the City Council.
“People want to get on the council because they have their own agenda,” she said. “The agenda is not for the betterment of the town or the people that live here.”
If McDonald’s initiative passes in November, the city would hold an election for a mayor and new council members. The city would again be divided into wards, and the residents of each ward would elect a council member to represent them.
The change would shift more power to the mayor, who would appoint certain city officials. Under the charter, these officials are chosen by the council or city manager.
The mayor would also have veto power over council decisions, unlike the city manager, who answers to the council.
A month after creating the initiative, McDonald had collected 180 valid signatures. That’s 44 more than needed to get it on the ballot.
But first, the council must pass an ordinance directing the Board of Elections to place the initiative on the ballot. This is supposed to be done at the next council meeting after the city clerk approves the initiative.
For McDonald’s initiative, this would have been the July 8 council meeting. But it was not on the agenda.
Ten days after that meeting, McDonald and another Nelsonville resident, Greg Smith, filed a complaint in the Athens Court of Common Pleas asking a judge to order the council to pass the ordinance.
According to the complaint, Nelsonville Law Director Jonathan Robe cited a 2015 ordinance as the reason for the petition not being on the agenda at the council meeting.
That ordinance was passed in response to the last time McDonald tried to get an initiative on the ballot to change city government. The ordinance said McDonald’s 2015 initiative was invalid because it didn’t include a “reasonable transition period” to change the city’s government.
McDonald’s new initiative includes a one-year transition period, so she argues the 2015 ordinance doesn’t apply.
“When we did it in 2015, we didn’t know that,” McDonald said. “But I’ll tell you what, I’ve learned a lot since then.”
The city of Nelsonville is aware of the complaint, but has not yet filed its response.
“The city is looking into it and figuring out if there’s any legal merit,” Robe said.
McDonald’s initiative has until August 7 to be approved by council and sent to the Board of Elections if it is to appear on the ballot in November.
“What we want is an opportunity to get on the ballot and let the people that live here have an opportunity to vote on what they want,” McDonald said.
(Editor’s note: This story was updated to include comment from the Nelsonville city attorney that was received after the story was published.)