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Gahanna commission splits over Department of Law language tied to ‘duty to defend’
Summary
A lengthy debate centered on whether to remove charter wording that appears to condition the city attorney’s duty to defend certain officials on a council resolution; commissioners disagreed about whether the change clarified or reduced oversight, but the full amendment advanced.
A contested redline in the Department of Law section dominated much of the June 8 meeting of the Gahanna Charter Review Commission. The redline would remove language that, as written in the current charter, ties some defensive authority to council direction; commissioners disagreed about whether striking that language merely corrects an internal inconsistency or removes a layer of oversight.
Supporters of the redline said most of the proposed edits to the Department of Law were housekeeping and consistency updates; they argued that the redline fixes contradictory text and aligns the law department’s duties. Opponents said the strikeout was substantive and would reduce council’s ability to require formal direction in rare defense disputes, and they asked whether insurance carriers or contract terms could be affected.
The City Attorney told the commission the proposed edits were intended to provide internal consistency and did not change insurance coverage or intentionally remove authority: “I’m not jumping up and down about this one, if you know what I mean,” she said, underscoring that she did not view the redline as a pressing operational problem but acknowledged commissioner concern about clarity and oversight.
Commissioners debated whether the charter’s phraseology effectively required council to pass a resolution or ordinance every time the city attorney defended an official. Some argued the current wording is internally inconsistent with the general duty paragraphs and that the redline corrects that inconsistency; others warned such a change was a substantive policy shift and should be separated into its own ballot item.
A motion to strike the contested redline failed on a roll call. The commission then voted to advance the full Department of Law amendment — including the redline — to council by the necessary majority (four yes, two no, one abstain). The City Attorney and staff said they will prepare a clear memo for council explaining the intended effect of the edits.
What happens next: the redline will accompany the commission’s report to council. The commission’s vote does not itself change the charter; council must adopt a resolution to place any amendment on the ballot and the Board of Elections will review the ballot wording before voters see it.
