16-02-2025
Ohio city faces new lawsuit over efforts to abolish its charter
NELSONVILLE, Ohio (WCMH) — Six months after Nelsonville residents voted unprecedentedly to abolish their city charter, the issue will be back on the ballot — for now.
Nelsonville City Council placed a new ordinance on the ballot for the May 6 special election that would repeal Issue 23 and redefine the transition from its current government to a mayoral system. Issue 23 marked a first in Ohio when Nelsonville voted to abolish its city charter, and passed in November with 70% of the vote. See previous coverage of the vote and accompanying ballot error in the video player above.
City Council said Issue 23 did not include provisions for a transition to the new form of government. In the proposed new charter ordinance, the new government's responsibilities and expectations are clearly defined. The new ordinance would also establish four wards, each with one elected council member.
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The proposal would have all current city council seats expire in November, and if the proposal passes in May, the current council would appoint an interim mayor at a salary of $59,000. If passed, it also would repeal and replace Issue 23.
Greg Smith, a former council member who has sued the city multiple times, including a lawsuit that forced Nelsonville to place Issue 23 on the ballot in November, filed a new lawsuit against City Council on Feb. 7. The lawsuit was withdrawn after Smith began speaking with voters who said they'd vote against it, but it alleged several violations in council repealing the voter-approved Issue 23.
'Every time I knocked on a door, it was clear to me it would be defeated anyway,' Smith said. 'So thin it would fail anyway without having to spend any money.'
Although it has been withdrawn, the city awaits a different decision on Issue 23 from the Ohio Supreme Court. Ohio law has yet to clearly define how a city is able to abolish its own charter, and the city has said it believes Issue 23 was incorrectly executed. The case does not have an oral argument date set on the Supreme Court's calendar.
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Even if the replacement ordinance is deemed lawful to vote on in the May election, there are added concerns about the wards it seeks to establish. The Ohio League of Women's voters said the way the wards are currently drawn could open the city up to future lawsuits, as they are not equalized in population.
'There's nothing in the charter that says council can provide or establish wards … that's certainly a concern,' Robe said at a Jan. 28 special meeting.
Under Ohio law, wards are supposed to be established 150 days prior to an election, which would have been Dec. 7. Robe said that did not provide reasonable time after the election results were certified, but it is unclear how that discrepancy will affect the ordinance's legitimacy.
The meeting after the ordinance was approved by City Council, two council members resigned. David Klos, Smith's attorney, said he and Smith felt it went against the 70% of residents in favor of Issue 23. Smith said there were plans in place for a transition, so the ordinance was unnecessary.
'To have members of council take it upon themselves — without public comment — and then immediately resign, I think that gives one pause on if this is really in the interest of the people,' Klos said.
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