July 31, 2018
Statement Regarding Petitions for a City of Green Charter Amendment
On Wednesday, July 25, the City of Green’s Finance Director Steve Schmidt received petitions to place a charter amendment on the ballot. The proposed amendment submitted by local attorney David Mucklow seeks to amend the Green City Charter to change the Law Director from an appointed position to an elected position.
City of Green Interim Law Director William Chris has reviewed the petitions and noted the following:
Mr. Mucklow and the petitioners presented 62 part-petitions with an accompanying letter that stated there were 63 part-petitions, of which contained 1,193 signatures. The petitioners have been notified of the discrepancy.
Proposed Charter Amendment Conflicts with Ohio Revised Code
The proposed charter amendment, as written, conflicts with the Ohio Revised Code, the City of Green Charter and the Ohio Rules of Professional Conduct. While the law director can work for the people of the City of Green, he or she cannot individually “represent” the people of Green. Combining such responsibilities to represent the City and the people as set forth in this proposed amendment, creates an unmanageable conflict of interest. Additionally, the law director, as defined by statute, Ohio Revised Code Section 705.11, does not “represent the people,” but in fact is to “act as the legal advisor to and attorney for the municipal corporation, for all officers of the municipal corporation in matters relating to their official duties.” The proposed legislation improperly limits those duties. See the complete Ohio Revised Code Section 705.11 – Village Solicitor or City Director of Law – duties.
The City’s law director has reached out to David Mucklow and the petitioners asking them to withdraw their petitions based on the conflicts within the proposed charter amendment as written.
The City of Green, Ohio, founded in 1992, is a prosperous, progressive and promising city with more than 26,000 residents. Approximately 33.5 square-miles, Green is located in southern Summit County. Visit www.cityofgreen.org.
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