Law Firm's Opinion: City Charter Unconstitutional on Voter-Led Ballot Issues

Squire, Sanders & Dempsey agrees that the portion of Stow's charter on  and just 780 signatures are required to put a petition on the ballot.

requested the opinion as the second of three steps to correct sections of the charter he believes are unconstitutional.

The outside opinion cost the city . Council now can take action to change the charter through legislation.

In a statement from Squires Attorney Michael Sharb to the Stow Law Department, he said that when a city's charter conflicts with the state's Constitution, the Constitution prevails over the city's law.

The charter issue was raised a few months ago after city to put a measure on the November ballot that would reduce council's salary.

The city's charter says a petition would require signatures of 20 percent of registered voters in the last gubernatorial election. That would mean petition circulators would have to gather 2,584 signatures — which Reali and the outside firm are attesting is unconstitutional. 

Ohio's Constitution requires 10 percent of voters from the last municipal election for petitions to place an issue on the ballot, or in this case — 780 signatures.

, but  would reduce the pay by 50 percent next year.

"I understand there are those who feel it should be very difficult for a small group of citizens to undo what the council has put into ordinance," said Bob Adaska, who is one resident leading the petition drive. "But the Supreme Court Justices ruled on this issue that excessive requirements for signatures pertaining to a charter amendments violates the current Ohio Constitution ... I am sure now that our council and mayor have been made aware of this ruling they will expeditiously move to allow the law department the final authority to strike the unconstitutional wording in this section of our charter and insert the proper requirements."

Adaska is also this November.

As it stands, starting in January, council members will earn $14,950 annually, down from the current pay of $16,600. The president of council will earn an additional $1,000 a year.

The petition, if placed on the ballot and passed, would reduce council's salary to about $8,400 annually.