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Council repeals 2023 pay ordinance after legal review of mayor/safety director compensation
Summary
After council raised legal questions about changing an elected official's pay during a term, the body voted to repeal ordinance 2023-073 (now numbered 2026-030). The law director said the city's charter permits council to set municipal compensation under home-rule authority.
Red Oak's city council voted April 21 to repeal a 2023 pay ordinance that had combined mayor and safety director compensation, a move that drew questions from members about the city's legal authority to change elected officials' pay midterm. The repeal (ordinance 2026-030) passed after council discussion and a legal explanation from Mr. Doyle, who addressed whether home-rule authority permits such changes.
Councilwoman Anderson said she had initially been unsure because she "felt like the law department did not answer" whether the change complied with the charter and state law. After the council received a written legal analysis, Anderson said the clarification "helped confirm that we're moving forward appropriately and above board." Councilman Tinker raised a procedural concern that elected officials' pay generally changes only in election years and asked staff to provide the memo explaining the law department's findings.
Mr. Doyle, responding on the record, summarized the city's legal review: "Ohio courts have ruled repeatedly that setting compensation for public officers...is an act of local self-government," and, he said, the city's charter reserves home rule and "allows council to amend any municipal officer [compensation] at any time by council vote." He told members the case law and charter review supported the council's authority to repeal the prior ordinance and adjust the pay ordinance as drafted.
The council debated the item before voting to adopt the repeal; members pressed for transparency and asked staff to circulate the law department memo to ensure residents and council members understood the legal basis. Councilman Tinker said he had voted to adopt despite reservations because he believed the city still needed the procedural change but requested the formal clarification be shared with the body.
The repeal resolves a months-long question about how the mayor/safety director role should be listed and compensated in the city's pay ordinance; the council did not specify further salary adjustments in the meeting record and directed staff to distribute the law office's memo and related charter citations.
The council moved to its next items after adopting the ordinance; no additional formal amendments or salary figures were disclosed at the meeting.
