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Council starts charter review of removal process after mayoral resignation, members warn against hasty changes
Summary
The Charter Review Committee discussed amending removal sections of the city charter after a recent mayoral resignation that occurred before a scheduled public hearing; council members urged careful review, suggested researching other cities' charter language and warned about client-attorney privilege and legal risks.
At a Charter Review Committee meeting chaired by Council President Rebecca Gearhart, members opened a detailed discussion about possible changes to the city charters removal provisions (sections cited: 3.03, 4.04b, 4.05b and 5.05) following a recent investigation and the mayors resignation before a public hearing.
President Gearhart reviewed the way the council received and handled the investigation: "Council was brought an investigation. We then had to make a decision based on the information that was provided," she said, adding that the mayor resigned before a public hearing could be held. Gearhart said the charter provides a removal path by affirmative two-thirds vote and a public hearing but does not clearly address how to handle a resignation that precedes that hearing.
Council members said the episode left community members frustrated about timing and transparency. Mr. Moore said residents were upset at the delay, "that it took over...3 months when we kinda told them it would be 15 days." Several members urged caution before amending the charter. Miss Beck said changing the charter is not a matter to rush into: "I think we should all really, really kinda think about this before we get really hasty...If we step wrong again, then now we've gotta take this back to the ballot again."
Law Director Miller cautioned against adopting untested legal language and noted issues of client-attorney privilege and potential court processes; he encouraged the committee to review how other charter cities handled similar removal proceedings. Members suggested reaching out to the Ohio Clerk for Council Association for sample language and to study a recent removal in another municipality for court guidance.
The committee did not adopt any charter language at this meeting. Members asked staff to compile examples from other cities, to report on probate-court roles if applicable, and to return with options and recommended timelines for any proposed charter amendments.
