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Stow City commission reviews Article 19 rules for charter amendments
Summary
The Stow City Charter Review Commission discussed Article 19, which lays out how the city charter may be amended—either by council vote or by a petition of electors—and clarified limits on changing language found unconstitutional.
The Stow City Charter Review Commission discussed Article 19 of the city charter, which defines how amendments are placed on the ballot and adopted, during its meeting.
Article 19 currently allows charter changes to go to the ballot in one of two ways: a council-initiated action requiring five council votes to place an amendment on the ballot, or a petition by electors equal to 10% of the previous election turnout. "So that is Article 19 in a nutshell and how it reads right now," a city staff member summarized during the meeting.
The commission spent most of its time parsing procedural language and asking staff for historical context. Commissioners asked whether a 2020 change to the charter review process affects Article 19 and whether the charter’s reference to outside legal counsel creates a standing list of approved attorneys. The staff member said council must approve any outside legal counsel and that the law department typically proposes counsel for council approval; council members may also seek counsel independently.
Members also discussed the charter’s provision for handling language found unconstitutional by a court. The staff member read the charter’s language saying the law director may remove or change charter text that courts declare unconstitutional, but any such change must be approved unanimously by council and signed by the mayor. Commissioners raised the possibility of legal challenges if an official declined to approve such a change; staff described mandamus actions as one possible legal remedy but said further research would be needed.
Commissioners asked staff to provide the underlying ordinance text and past minutes that explain why some council actions require a five-vote threshold rather than a simple majority. The staff member said copies of a spreadsheet with past charter amendments and the relevant ordinance would be provided at or before the next meeting for the commission’s review.
The commission made no formal action on Article 19 at this meeting; staff will return with documents and historical records to inform future drafting decisions.
