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North Royalton law director says he will interpret charter 'appointed' language narrowly
Summary
Law Director Tom Kelly told City Council he expects to interpret proposed Charter language adding 'appointed public officials' narrowly if voters approve Ordinance 25-80; he said interpretation is his statutory duty but could be reviewed by a court.
Tom Kelly, the city law director, told the North Royalton City Council on Sept. 2 that if voters approve Ordinance 25-80 he would apply the term "appointed" narrowly when deciding who is eligible to run for local office.
"I believe that the overwhelming number of public employees, police, fire, teachers, service people ... will be qualified to run under this Charter language," Kelly said, adding that interpretation of the wording "absolutely falls to the Law Director." He also said a Common Pleas judge could reach a different conclusion if a case were litigated.
The statement was delivered during the council's regular meeting at City Hall after the agenda review. Kelly said he did not want silence to be misinterpreted and emphasized he would decide on a case-by-case basis but favor a narrow reading of "appointed" to avoid barring typical public employees from candidacy.
Kelly's remarks clarified the executive-branch view on a contested phrase that would amend the city's charter. He stressed that while he will interpret the language, that interpretation could be reviewed in court or change under a future law director.
Next steps: the council did not take immediate action on the charter language at this meeting. Any formal enforcement or disqualification based on the charter would occur only if a specific candidacy prompted a legal review or if another office interprets the provision differently.
