Lakewood Charter Change: Issue 69

 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.

There are four parts to Issue 69, a proposed amendment meant to change the charter to give appointed council members the same authority as elected council members.

The four parts of this charter change, but they all have the same intent.

The question on the ballot: 

Shall Article III, Section 5, Organization and Open Meetings, Article III, Section 8, Enactment of Ordinances and Resolutions, Article XVI, Section 9, Damages Assessed, and Article XVII, Section 3, Notice, of the Second Amended Charter of the City of Lakewood be amended to give the votes of appointed Councilmembers the same effect as those of elected Councilmembers? 

The charter currently reads: 

ARTICLE III. THE COUNCIL

Section 5. Organization and Open Meetings.

The Council shall be the judge of the election and qualification of its members. A majority of all the acting members elected shall be a quorum to do business but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the acting members of Council shall be necessary to adopt any ordinance or resolution and on the passage thereof a vote shall be taken by yeas and nays and entered upon the journal. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings. All meetings of the Council or committees thereof shall be open to the public, except that Executive Sessions may be held in accordance with the Ohio Revised Code. Any citizen shall have access to the minutes and records thereof at all reasonable times.

The charter would read: 

The Council shall be the judge of the election and qualification of its members. A majority of members shall be a quorum to do business but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the acting members of Council shall be necessary to adopt any ordinance or resolution and on the passage thereof a vote shall be taken by yeas and nays and entered upon the journal. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings. All meetings of the Council or committees thereof shall be open to the public, except that Executive Sessions may be held in accordance with the Ohio Revised Code. Any citizen shall have access to the minutes and records thereof at all reasonable times.

Comment from Lakewood Law Director Kevin Butler: 

This is the first instance in the charter that curtails the authority given to appointed (as opposed to elected) councilmembers. It would appear the intent of the drafters was not to limit appointed members’ authority in this way.

The charter currently reads: 

ARTICLE III. THE COUNCIL

Section 8. Enactment of Ordinances and Resolutions.

Each proposed ordinance or resolution shall be introduced in written or printed form and shall not contain more than one subject, which shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are appropriated. On the passage of each ordinance or resolution the vote shall be taken by yeas and nays and entered upon the Journal. No resolution of a permanent character or ordinance shall be passed until it has been read by title only, unless a majority shall request that it be read in its entirety, on three (3) separate days unless the requirement of reading on three (3) separate days has been dispensed with by a two- thirds (2/3) vote of all of the members elected to Council taken by yeas and nays and entered upon the Journal, but no ordinance or resolution shall under any circumstances be adopted or passed unless it has been read on three (3) separate days, (a) which changes the amount of salary or compensation for any elected officer of the City, (b) which amends any zoning ordinance, (c) which grants, renews or extends a franchise or other special privilege, (d) which regulates the rate to be charged by a public utility for its services. The enacting clause of all ordinances passed by the Council shall be “Be it ordained by the City of Lakewood.” The enacting clause of all ordinances submitted by the initiative shall be “Be it ordained by the people of the City of Lakewood.” No ordinance or resolution or section thereof shall be revised or amended unless the new ordinance or resolution contains the entire ordinance or resolution or section to be revised or amended, and the ordinance, resolution, section or sections so amended shall be repealed.

The charter would read: 

Each proposed ordinance or resolution shall be introduced in written or printed form and shall not contain more than one subject, which shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are appropriated. On the passage of each ordinance or resolution the vote shall be taken by yeas and nays and entered upon the Journal. No resolution of a permanent character or ordinance shall be passed until it has been read by title only, unless a majority shall request that it be read in its entirety, on three (3) separate days unless the requirement of reading on three (3) separate days has been dispensed with by a two- thirds (2/3) vote of all the members of Council taken by yeas and nays and entered upon the Journal, but no ordinance or resolution shall under any circumstances be adopted or passed unless it has been read on three (3) separate days, (a) which changes the amount of salary or compensation for any elected officer of the City, (b) which amends any zoning ordinance, (c) which grants, renews or extends a franchise or other special privilege, (d) which regulates the rate to be charged by a public utility for its services. The enacting clause of all ordinances passed by the Council shall be “Be it ordained by the City of Lakewood.” The enacting clause of all ordinances submitted by the initiative shall be “Be it ordained by the people of the City of Lakewood.” No ordinance or resolution or section thereof shall be revised or amended unless the new ordinance or resolution contains the entire ordinance or resolution or section to be revised or amended, and the ordinance, resolution, section or sections so amended shall be repealed.

Comment from Lakewood Law Director Kevin Butler: 

This is the second instance in the charter that curtails the authority given to appointed (as opposed to elected) councilmembers. It would appear the intent of the drafters was not to limit appointed members’ authority in this way.

The charter currently reads: 

ARTICLE XVI. IMPROVEMENTS AND ASSESSMENTS

Section 9. Damages Assessed.

At the time of the passage of the ordinance determining to proceed with the improvement as hereinbefore provided, Council shall determine whether the claims for damages so filed shall be judicially inquired into before commencing or after the completion of the proposed improvement. When claims for damages are filed within the time limited, and Council having passed an ordinance for making the improvement, determines that the damage shall be assessed before commencing it, the Director of Law shall make a written application for a jury, to a court of competent jurisdiction, or a judge in vacation. The court or judge shall direct the summoning of a jury in the manner provided for the appropriation of property and fix the time and place for the inquiry and the assessment of such damages, which inquiry and assessment shall be confined to such claim. The proceedings had relative to such inquiry and determining of such damages shall be in the manner provided by general laws for the appropriation of property to assess the amount of damage in each particular case. When Council determines to assess the damages after the completion of the improvement, for which a claim for damages has been filed as hereinbefore provided, the Director of Law shall, within ten (10) days after the completion of such improvement make written application as hereinbefore provided in the case of the ascertainment of damages before the improvement was made, and the same proceedings shall be had. No person who claims damages arising from any cause shall commence a suit therefor against the City until he or she shall have filed a claim for such damages with the Director of Finance and sixty (60) days shall have elapsed thereafter, to enable the City to take such steps as it may deem proper to settle or adjust the claim; but this provision shall not apply to an application for an injunction or other proceeding to which it may be necessary for such applicant to resort in case of urgent necessity. No public improvement, the cost or part of cost of which is to be specially assessed on the owners of property, shall be made without the concurrence of three-fourths of the members of Council elected thereto, unless the owners of a majority of the foot frontage to be assessed petition in writing therefor in which event Council, a majority of the members elected thereto concurring, may proceed with the improvement in the manner provided herein.

The charter would read: 

At the time of the passage of the ordinance determining to proceed with the improvement as hereinbefore provided, Council shall determine whether the claims for damages so filed shall be judicially inquired into before commencing or after the completion of the proposed improvement. When claims for damages are filed within the time limited, and Council having passed an ordinance for making the improvement, determines that the damage shall be assessed before commencing it, the Director of Law shall make a written application for a jury, to a court of competent jurisdiction, or a judge in vacation. The court or judge shall direct the summoning of a jury in the manner provided for the appropriation of property and fix the time and place for the inquiry and the assessment of such damages, which inquiry and assessment shall be confined to such claim. The proceedings had relative to such inquiry and determining of such damages shall be in the manner provided by general laws for the appropriation of property to assess the amount of damage in each particular case. When Council determines to assess the damages after the completion of the improvement, for which a claim for damages has been filed as hereinbefore provided, the Director of Law shall, within ten (10) days after the completion of such improvement make written application as hereinbefore provided in the case of the ascertainment of damages before the improvement was made, and the same proceedings shall be had. No person who claims damages arising from any cause shall commence a suit therefor against the City until he or she shall have filed a claim for such damages with the Director of Finance and sixty (60) days shall have elapsed thereafter, to enable the City to take such steps as it may deem proper to settle or adjust the claim; but this provision shall not apply to an application for an injunction or other proceeding to which it may be necessary for such applicant to resort in case of urgent necessity. No public improvement, the cost or part of cost of which is to be specially assessed on the owners of property, shall be made without the concurrence of three-fourths of the members of Council, unless the owners of a majority of the foot frontage to be assessed petition in writing therefor in which event Council, a majority of its members concurring, may proceed with the improvement in the manner provided herein.

Comment from Lakewood Law Director Kevin Butler: 

This is the third instance in the charter that curtails the authority given to appointed (as opposed to elected) councilmembers. It would appear the intent of the drafters was not to limit appointed members’ authority in this way.

The charter currently reads: 

ARTICLE XVII. APPROPRIATION OF PROPERTY

Section 3. Notice.

Immediately upon the adoption of such resolution, for which but one reading shall be necessary, the Clerk of Council shall cause written notice thereof to be given to the owner, person in possession thereof or having an interest of record in every piece of land sought to be appropriated, or to his or her authorized agent; and such notice shall be served by a person designated for the purpose and return made in the manner provided by law for the service and return of summons in civil actions. If such owner, person or agent cannot be found, notice shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation in the City, and Council may thereupon pass an ordinance by the vote of two-thirds of all members elected thereto, directing such appropriation to proceed.

The charter would read: 

Immediately upon the adoption of such resolution, for which but one reading shall be necessary, the Clerk of Council shall cause written notice thereof to be given to the owner, person in possession thereof or having an interest of record in every piece of land sought to be appropriated, or to his or her authorized agent; and such notice shall be served by a person designated for the purpose and return made in the manner provided by law for the service and return of summons in civil actions. If such owner, person or agent cannot be found, notice shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation in the City, and Council may thereupon pass an ordinance by the vote of two-thirds of all members thereof, directing such appropriation to proceed.

Comment from Lakewood Law Director Kevin Butler: 

This is the fourth and final instance in the charter that curtails the authority given to appointed (as opposed to elected) councilmembers. It would appear the intent of the drafters was not to limit appointed members’ authority in this way.