Politics & Government

Lakewood Charter Change: Issue 65

Proposal before voters would clarify the language in the charter that includes allowing the city to perform any action covered under the state's constitution.

 approved a proposal in July that includes eight changes to the city's Second Amended Charter. 

Those  are now headed for the Nov. 8 ballot, where voters will decide whether they approve.

Issue 65 is a proposed amendment to clarify the language in the charter that includes allowing the city to perform any action covered under the state's constitution.

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The questions on the ballot: 

Shall Article I, Section 2, Manner of Exercise, and Article I, Section 3, Interpretation, of the Second Amended Charter of the City of Lakewood be amended to clarify that the City may perform all such actions permitted by the Charter and the Constitution of the State of Ohio?

Find out what's happening in Lakewoodwith free, real-time updates from Patch.

The charter currently reads:

ARTICLE I. POWERS

Section 2. Manner of Exercise.

All powers shall be exercised in the manner prescribed by this Charter, or if not prescribed herein, then in such manner as shall be provided by ordinance or resolution of Council. The powers of the City may also be exercised, except if a contrary intent or implication appears in this Charter or in the enactments of Council, in such manner as may now or may hereafter be provided by general law.

ARTICLE I. POWERS

Section 3. Interpretation.

Words and phrases used in this Charter shall, unless the context clearly requires otherwise, be interpreted in the same manner as provided in the Ohio Revised Code relating to the interpretation of the statutes of the State. As used in this Charter, the term “general law” means and includes the Constitution and statutes of the State, together with the rules and regulations promulgated pursuant to the State Constitution and statutes.

The charter would read:

ARTICLE I. POWERS

Section 2. Manner of Exercise.

All powers shall be exercised in the manner prescribed by this Charter, or if not prescribed herein, then in such manner as shall be provided by ordinance or resolution of Council.

ARTICLE I. POWERS

Section 3. Interpretation.

Words and phrases used in this Charter shall, unless the context clearly requires otherwise, be interpreted in the same manner as provided in the Ohio Revised Code relating to the interpretation of the statutes of the State. As used in this Charter, the term “general law” is that law which cannot be altered or required by charter.

Comment from Lakewood Law Director Kevin Butler: 

The second sentence of Article I, Section 2 appears to be superfluous vis-à-vis the broad provision found within Article I, Section 1, which is not being changed and which reads: “The City shall have all power now or hereafter granted to municipalities by the Constitution and laws of the State.”

The ultimate aims of the charter are to protect Lakewood’s ability to govern itself and to accurately set out the will of the people in self-governance. If this change were adopted, the city would clarify that henceforth it will govern itself in one of three ways (1) in a manner prescribed by the charter; (2) in a manner prescribed by ordinance or resolution of Council; or (3) under the authority now or hereafter granted to municipalities by the Constitution and laws of Ohio.

The term “general law” is found in 27 places in the charter and is used to permit actions in some circumstances and mandate them in others. This change would narrow the term’s definition to be only those statewide laws that municipalities have no power to abrogate or restrict.

Thus, where an action required under general law would conflict with the will of Lakewood’s citizens — that is, where it conflicts with Lakewood’s home rule authority — this change will further clarify that the city may restrict the city’s obligations to carry out that action. Where the action required under general law would be consistent with the will of the people of Lakewood, this change would not impact the city’s ability to continue to carry out that action.


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