Law Director: City Charter Is Wrong On Voter-led Ballot Issues

A voter-led referendum to cut council's pay has prompted an opinion by the city law director that the city's charter conflicts with the Ohio Constitution and must be changed.

Law Director Brian Reali said April 19 that under the state Constitution, circulators of a petition to get a measure on the November ballot to reduce council pay only need 780 signatures —which represents 10 percent of the voters in the 2009 Stow municipal election.

But the city charter states that petition circulators need 20 percent of the registered voters in the last gubernatorial election.

Last November, voters in Stow passed a charter amendment provision that if something is unconstitutional in the city's charter, the law director has the authority to go through the process to strike it out, said Reali.

Reali told council this week that it needs to approve hiring an outside attorney for its opinion of the situation to get the charter to comply with the Ohio Constitution. 

"We'll see if the outside law firm agrees with me or not," he said. "Our charter [on this issue] is unconstitutional. I stand by that completely."

If council does not approve paying an outside attorney for an opinion or to change the city's charter, those behind the petition drive could sue, the law director said.

Reali said an attorney could cost about $1,000 to $2,000 and would be paid from the general fund.

"It is our responsibility as councilmembers to ensure that the Stow Charter is constitutional. I believe all of us agree that we want to prevent the city being at odds with Ohio or Federal law," said Vice President Sara Drew.

Council voted April 14 to . Starting in January, councilmembers will earn $14,950 annually, down from the current $16,600. The president of council will earn another $1,000 a year.

Council President Janet D'Antonio and Councilman Jim Costello voted against the pay cut.

Former Councilman Bob Adaska and others have been circulating a petition since February to put a measure on the Nov. 2 ballot that would reduce council pay even further, to about $8,400 annually.

The petition circulators have until Sept. 1 to gather signatures and as of April 20, Adaska said he has more than 600 signatures.

Adaska said once there are 780 signatures, they will be presented to council to forward to the Summit County Board of Elections.

Councilman Mike Rasor, an attorney who unsuccessfully attempted to cut council's salary 40 percent April 14, said he also "conducted an independent analysis and came to the same conclusion as Mr. Reali."

If voters to decide to cut council's salary, Drew said, "Every elected official in Stow is committed to serving our community to the best of her or his ability, and I am certain that will continue to be the case in the future."

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