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[ CITY OF HUBER HEIGHTS STATE OF OHIO Charter Review Commission]
6:00 PM ON MONTH, I'M SORRY, TUESDAY, OCTOBER 1ST, 2024.UH, WE'RE STARTING THE CITY CHARTER AMENDMENT INFORMATIONAL SESSION.
UM, I'D LIKE TO START OFF BY INTRODUCING, UH, SOME OF MY COLLEAGUES HERE THAT ARE PRESENT TO HELP WITH THE PRESENTATION THIS EVENING.
I'M THE CLERK OF COUNCIL, AND I'VE ACTED AS THE STAFF LIAISON, UH, FOR THE, UH, CHARTER REVIEW COMMISSION.
AND THEN WE HAVE ANGELA SUMMERS HERE WHO IS A CITIZEN MEMBER OF THE CHARTER REVIEW COMMISSION, UH, JORDAN STALEY STALEY, OR STALEY STALEY STALEY, UM, WHO IS, UH, REPRESENTING THE LAW DIRECTOR'S OFFICE HERE AT THE CITY.
AND THEN THOMAS HAM, WHO IS ALSO A, UH, CITIZEN MEMBER OF THE, UH, CHARTER REVIEW COMMISSION.
SO, UM, THANK YOU FOR JOINING US TONIGHT.
AND, UM, WE'RE GOING TO, UH, ATTEMPT TO PROVIDE INFORMATIONAL OVERVIEW OF THE CHARTER AMENDMENTS WILL BE ON THE BALLOT IN, UM, ON NOVEMBER 5TH, 2024.
UH, THE CITY HAS FIVE DIFFERENT CITY CHARTER AMENDMENTS THAT WILL BE ON THE BALLOT, AND WE'RE GONNA WALK THROUGH THOSE AS WELL AS TALK A LITTLE BIT ABOUT THE CHARTER REVIEW PROCESS.
UM, AND THEN WE WILL, UH, SHARE A VIDEO WITH YOU THAT WE'VE PREPARED AND, UH, OPEN IT UP TO SOME QUESTIONS, UH, FROM ANYBODY WHO'S PRESENT, WHO WOULD LIKE TO ASK ANYTHING, UM, SPECIFIC ABOUT ANY OF THE CHARTER AMENDMENTS OR THE CHARTER REVIEW PROCESS.
UM, I DID WANT TO ADDRESS ONE ISSUE.
UM, THERE'S BEEN SOME SPECULATION THAT, UM, ABOUT THE REASONS WHY THE, UH, MEETING VIDEO FROM SEPTEMBER 24TH, 2024, CHARTER REVIEW COMMISSION MEETING, UH, WAS NOT POSTED ONLINE.
UH, WE FOUND OUT SEVERAL DAYS AFTER THE MEETING THAT WE HAD A TECHNICAL GLITCH THAT HAD PREVENTED THE UPLOAD OF THAT MEETING TO OUR VENDOR WHO POSTS THOSE VIDEOS.
UM, LUCKILY WE DID HAVE A, A BACKUP COPY ON A COMPUTER HERE, UH, THAT WAS RETAINED, AND WE'VE SENT THAT TODAY TO, UH, SWAG IT, WHICH IS OUR VENDOR.
AND, UH, THEY PROMISED TO HAVE THAT MEETING VIDEO UP AND, UM, AVAILABLE TO THE PUBLIC THROUGH THE CITY'S WEBSITE, UH, BY TOMORROW MORNING.
SO, UM, JUST WANT TO ADDRESS THAT SPECULATION AROUND THE ABSENCE OF THE MEETING VIDEO.
SO, WITH THAT, UM, WE'RE GONNA START WITH OUR INTRO ABOUT THE CHARTER REVIEW COMMISSION PROCESS, AND I'M GONNA TURN IT OVER TO ANGELA FOR THAT.
YOU MIGHT BE WONDERING, WHAT IS THE CITY CHARTER? A CHARTER IS A GOVERNING DOCUMENT THAT A CITY CAN ADOPT UNDER THE OHIO CONSTITUTION TO ESTABLISH ITS LOCAL GOVERNMENT.
IT SERVES AS A LOCAL CONSTITUTION.
THE CITY OF HUBER HEIGHTS ADOPTED ITS CURRENT CITY CHARTER IN 1983, TRANSITIONING TO A COUNCIL MANAGER FORM OF GOVERNMENT.
WHY HAVE A CITY CHARTER AND OPERATE UNDER HOME RULE? A CHARTER PROVIDES CITIES WITH GREATER FLEXIBILITY IN DEFINING HOW A LOCAL GOVERNMENT FUNCTIONS.
IT ALLOWS THE COMMUNITY TO SELF GOVERN MATTERS SPECIFIC TO ITS NEEDS, ENABLING THE CITY TO TAILOR ITS OPERATIONS TO BETTER SERVE RESIDENTS AND TO ADDRESS LOCAL CONCERNS.
WHY IS THE CITY CHARTER BEING REVIEWED? OVER TIME, A CHARTER MAY NEED TO BE UPDATED TO IMPROVE GOVERNMENT SERVICES, INCREASE EFFICIENCY, OR TO ADAPT TO CHANGES IN OTHER LAWS.
AMENDING THE CHARTER ENSURES IT STAYS RELEVANT, REFLECTS CURRENT PRACTICES, AND MEETS THE EVOLVING NEEDS OF THE COMMUNITY.
REGULAR CHARTER REVIEWS ARE ROUTINELY DONE THROUGHOUT OHIO.
WHO DETERMINES WHETHER THE CITY CHARTERS CHANGED? THE CITIZENS OF HUBER HEIGHTS HAVE THE FINAL SAY ON ANY CHANGES TO THE CITY CHARTER.
THE 2024 CHARTER REVIEW COMMISSION RECOMMENDED AMENDMENTS THAT WERE APPROVED BY THE CITY COUNCIL.
THESE PROPOSED AMENDMENTS WILL BE ON THE BALLOT FOR GENERAL ELECTION ON NOVEMBER 5TH, 2024, WHERE VOTERS WITHIN THE CITY OF HUBER HEIGHTS WILL DECIDE WHETHER TO ADOPT THE PROPOSED CITY CHARTER AMENDMENTS.
WHAT IS THE CHARTER REVIEW COMMISSION? THE 2024 CHARTER REVIEW COMMISSION WAS CREATED BY THE HUBER HEIGHTS CITY COUNCIL ON JANUARY 22ND, 2024 TO REVIEW AND STUDY THE CURRENT CITY CHARTER.
THE CHARTER REVIEW COMMISSION'S ROLE IS TO RECOMMEND UPDATES TO THE CITY CHARTER TO RESOLVE CONFLICTS WITH STATE LAW TO ENSURE THE CITY CHARTER REFLECTS CURRENT PRACTICES AND TO REMOVE OUTDATED PROVISIONS.
THESE RECOMMENDATIONS, ALONG WITH PUBLIC INPUT WERE PRESENTED TO THE CITY COUNCIL, WHICH THEN APPROVE PLACING THE CURRENT CITY CHARTER AMENDMENTS ON THE BALLOT FOR CITIZEN APPROVAL.
THE MOST RECENT CHARTER REVIEW COMMISSION PROCESS BEFORE 2024 TOOK PLACE IN 2016 TO 2017.
WHO SITS ON THE CHARTER REVIEW COMMISSION? THE CHARTER REVIEW COMMISSION IS A PUBLIC BODY COMPOSED OF THREE CITY COUNCIL MEMBERS, TWO CITY STAFF MEMBERS WHO ARE RESIDENTS, AND FOUR ADDITIONAL HUBER HEIGHTS RESIDENTS.
THE CLERK OF COUNCIL ACTS AS A STOP LIAISON TO THE CHARTER REVIEW COMMISSION.
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CHARTER AMENDMENTS ARE ON THE NOVEMBER 5TH, 2024 BALLOT? THERE ARE FIVE PROPOSED AMENDMENTS TO THE HUBER HEIGHTS CITY CHARTER.TONY, WOULD YOU GO OVER THOSE FOR US PLEASE? OKAY.
SO WE'RE GONNA TALK IN SOME DETAIL ABOUT EACH OF THE FIVE PROPOSED AMENDMENTS TO THE HUBER HEIGHTS CITY CHARTER.
UM, ONE THING I WANT TO MAKE A DISTINCTION AND, UM, ABOUT IS WHEN YOU LOOK AT THE BALLOTS, UM, THEY'RE GONNA BE A LITTLE BIT DIFFERENT WHETHER YOU LIVE IN MONTGOMERY COUNTY OR THE MIAMI COUNTY PART OF HUBER HEIGHTS.
UH, THE MIAMI OR THE MONTGOMERY COUNTY BOARD OF ELECTIONS, UH, PUTS ISSUE NUMBERS ON EACH ITEM THAT IS ON THE BALLOT.
SO FOR, UM, MONTGOMERY COUNTY, THESE FIVE AMENDMENTS ARE GOING TO BE LABELED, UM, ISSUES NINE THROUGH 13 ON THE MONTGOMERY COUNTY BALLOT IN MIAMI COUNTY.
UM, THE BALLOTS DO NOT HAVE NUMBERS, BUT THE ISSUES WILL STILL APPEAR ON THERE.
SO YOU'RE GOING TO HAVE TO LOOK VERY CLEARLY AT EACH OF THOSE AND, AND READ THE TEXT OF EACH AMENDMENT.
UH, THERE WON'T BE A NUMBER ATTACHED TO IT, UH, LIKE THERE IS IN MONTGOMERY COUNTY.
SO JUST WANTED TO, UH, MENTION THAT SINCE WE HAVE RESIDENTS IN HUBER HEIGHTS WHO LIVE BOTH IN MONTGOMERY AND IN MIAMI COUNTIES.
SO THE FIRST AMENDMENT ON, UH, THE BALLOT DEALS WITH SECTION 4 0 3 OF THE CITY CHARTER.
AND, UM, IT PROPOSES THAT CANDIDATES FOR THE OFFICE OF COUNCIL MEMBER AND MAYOR CANNOT HOLD THOSE OFFICES AT THE TIME OF FILING THEIR NOMINATION PETITION UNLESS THEY ARE IN THE LAST YEAR OF THEIR THEN CURRENT TERM.
SO, UM, WHAT THIS MEANS, AND THE RATIONALE BEHIND IT IS THIS AMENDMENT CHANGES THE ELECTORAL PROCESS BY PREVENTING SITTING OFFICIALS ON CITY COUNCIL MAYOR FROM USING THE ADVANTAGES OF INCUMBENCY WHILE RUNNING FOR A NEW TERM OR A DIFFERENT OFFICE.
SO, UH, THE HANDOUTS THAT WE HAVE PROVIDED ACTUALLY GIVE THE SPECIFIC BALLOT LANGUAGE AS WELL THAT WILL APPEAR ON THE BALLOT, AND THE LANGUAGE ITSELF WILL APPEAR THE SAME ON BOTH THE MONTGOMERY COUNTY AND THE MIAMI COUNTY, UH, ELECTION BALLOTS.
THE SECOND AMENDMENT DEALS WITH SECTIONS, UH, 4 0 4, 4 12, AND FIVE 12 OF THE HUBER HEIGHTS CITY CHARTER.
AND THESE WERE ALL COMBINED TOGETHER BECAUSE, UM, THE ISSUES THAT ARE BEING ADDRESSED AS PART OF THIS AMENDMENT, UM, OVERLAP INTO SEVERAL SECTIONS OF THE CITY CHARTER.
SO THE SECOND AMENDMENT PROPOSES GIVING THE MAYOR A SINGLE VOTE ON COUNCIL MATTERS, WHILE REMOVING THE MAYOR'S ABILITY TO VETO COUNCIL DECISIONS.
THIS AMENDMENT CHANGES THE MAYOR'S ROLE TO A VOTING MEMBER OF THE COUNCIL WITHOUT THE POWER TO BEAT IT.
SO, UH, IN A NUTSHELL, WHAT'S BEING DONE IS, UM, AS IT'S DONE IN MANY COMMUNITIES, UM, LOCALLY, UM, THE MAYOR, UM, IS BEING GIVEN THE RIGHT TO VOTE.
CURRENTLY THE MAYOR IN THE CITY OF HEBREW HEIGHTS DOES NOT HAVE THE RIGHT TO VOTE AND CAN ONLY, UM, VOTE TO BREAK A TIE.
BUT THE MAYOR HAS THE POWER TO VETO ANY LEGISLATION PASSED BY COUNCIL.
AND, UM, WHAT THIS AMENDMENT WOULD DO WOULD BE A TRADE OFF THAT BY REMOVING THE MAYOR'S ABILITY TO VOTE, TO BREAK A TIE AND TO, UM, USE THE VETO POWER, UH, THE MAYOR WOULD GIVE THAT UP AND RETURN FOR ONE SINGLE VOTE ON COUNCIL, JUST LIKE ALL THE OTHER EIGHT MEMBERS OF COUNCIL CURRENTLY HAVE A VOTE.
THIS AMENDMENT SEEKS TO LINE THE MAYOR'S ROLE WITH THAT OF OTHER COUNCIL MEMBERS, PROVIDING CLARITY ON THE MAYOR'S FUNCTION AND THE LEGISLATIVE PROCESS AS TYPICALLY DONE IN IN OTHER LOCAL COMMUNITIES.
IS, UH, IS THE MAJORITY REQUIRED OR SUPER MAJORITY REQUIRED? OKAY.
SO IT DEPENDS ON THE TYPE OF LEGISLATION.
THERE'S SOME NUANCES TO THAT QUESTION.
WILL THIS AFFECT THAT THE MAJORITY VERSUS THE MAJORITY? UM, NO, IT WOULD BE THE SAME, UH, AMOUNT OF VOTES NEEDED, UH, TO DO THAT.
UM, TO PASS A, AN ORDINANCE A RESOLUTION OF A NON-EMERGENCY NATURE, IT CURRENTLY REQUIRES FIVE PEOPLE TO VOTE IN THE AFFIRMATIVE TO, FOR A RESOLUTION OR ORDINANCE TO BE ADOPTED THAT IS NON-EMERGENCY.
AND, UM, TO PASS AN ITEM AS AN EMERGENCY LEGISLATION, IT REQUIRES A SUPER MAJORITY, WHICH IS SIX AFFIRMATIVE MEMBERS VOTING, UH, TO PASS THAT ITEM, UH, AS AN EMERGENCY, THOSE NUMBERS WOULD NOT CHANGE.
IT WOULD ONLY BE THAT, UM, INSTEAD OF EIGHT PEOPLE VOTING ON EVERY ISSUE, THERE WOULD BE NINE PEOPLE VOTING ON EVERY
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ISSUE.AND INSTEAD OF THE MAYOR HAVING THE ABILITY TO VOTE IN THE CASE OF A TIE, UH, THERE WOULDN'T BE A TIE IF ALL PEOPLE ARE VOTING BECAUSE THERE'S AN ODD NUMBER OF OF MEMBERS.
NOW I HAVE A QUESTION, AND MAYBE IT'S IN HERE.
YOU CAN, YEAH, SHE'LL, SHE'LL GIVE YOU A MIC.
UM, YOU KNOW, THERE'S ONE HEADMAN IN CHARGE.
SO, UM, IS THERE SOMEPLACE THAT SPELLS OUT WHAT THE OTHER, UM, YES, THERE IS A DUTIES OF MAYOR.
THERE IS A SECTION OF THE CHARTER THAT SPECIFICALLY OUTLINES THE DUTIES OF THE MAYOR.
AND, UM, THAT IS SECTION, LEMME GET MY NOTES HERE.
I THINK IT'S FOUR 12, BUT LET ME BE SURE.
YEAH, IT'S FOUR 4.04, UH, THAT OUTLINES THE DUTIES AND THAT SECTION IS BEING AMENDED, BUT ONLY TO CLARIFY THAT THE MAYOR IS NO, WOULD NO LONGER UNDER THIS AMENDMENT BE A NON-VOTING MEMBER OF COUNCIL.
HE'D BE A, A VOTING MEMBER, BUT RELINQUISHING THE VETO POWER, BUT ALL THE OTHER DUTIES AND RESPONSIBILITIES OF THE MAYOR WOULD REMAIN UNCHANGED.
WITHOUT ANY FURTHER QUESTIONS, WE'LL MOVE ON TO THE THIRD AMENDMENT, WHICH IS SECTION 5.08.
THIRD AMENDMENT PROPOSES THAT THE CLERK OF COUNCIL CAN PROVIDE PUBLIC NOTICE OF ANY PROPOSED ADOPTION OR RE CODIFICATION OF THE CITY CODE BY POSTING IT ON THE CITY'S WEBSITE AND IN AT LEAST THREE PUBLIC PLACES WITHIN THE CITY FOR AT LEAST 10 DAYS PRIOR TO ADOPTION.
SO, UM, WHAT THIS DOES IS THIS AMENDMENT MODERNIZES THE PROCESS OF NOTIFYING THE PUBLIC ABOUT CHANGES TO THE CITY CODE BY INCORPORATING DIGITAL PLATFORMS TO ENSURE WIDER AND MORE TIMELY DISSEMINATION OF INFORMATION.
SO, UH, RIGHT NOW THE CHARTER REQUIRES THAT CERTAIN TYPES OF NOTICES MUST BE DONE BY ADVERTISING A LEGAL AD IN A NEWSPAPER GENERAL CIRCULATION TIME.
THE CHARTER WAS ORIGINALLY WRITTEN OVER 40 YEARS AGO.
UM, SOME OF THE TECHNOLOGIES THAT WE HAVE AVAILABLE TODAY, LIKE, UM, YOU KNOW, THE INTERNET, EMAIL, WEBSITES, SOCIAL MEDIA, UH, DID NOT EXIST AT THAT TIME.
SO THIS, UH, CHARTER AMENDMENT IS AN ATTEMPT TO, UH, ALLOW US TO INCORPORATE DIFFERENT DIGITAL PLATFORMS AND DIFFERENT, UH, MEANS OF COMMUNICATION FOR SHARING THAT SAME INFORMATION TO THE PUBLIC.
QUESTION, WHAT IS MEANT BY A PUBLIC PLACE? UM, A PUBLIC PLACE IS DEFINED IN THE RULES OF COUNCIL, UM, BY COUNCIL IS A PUBLIC PLACE FOR DESIGNATING, UM, OR DISPLAYING PUBLIC INFORMATION.
UM, RIGHT NOW THE DEFINED LOCATIONS INCLUDE, UM, HERE AT CITY HALL, UM, THERE'S TWO LOCATIONS.
WE HAVE A BOARD WITH ALL PUBLIC INFORMATION POSTED ON IT, UM, AS WELL AS, UM, ON THE CITY'S WEBSITE.
BUT THEN, UM, WE ALSO POST AT THE, UM, THE POLICE DIVISION, UM, AS WELL AS THE HUBER HEIGHTS LIBRARY, UM, OR, OR TWO LOCATIONS WHERE ANY PUBLIC NOTICE I'M GETTING AT.
I THINK YOU WANTED TO DO THIS ELECTRONICALLY, BUT YOU REFERRING TO PHYSICAL LOCATION.
SO WHEN YOU SAY PUBLIC PLACE IN THE ELECTRONIC TERM, YOU MEAN BECAUSE YOU RIGHT NOW JUST HAVE THE WEBSITE THAT'S JUST ONE OTHER PLACE.
WELL, NO, UH, WHAT WE'RE SAYING HERE IS IT WOULD ALLOW, UH, FOR THIS TO
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BE DONE, UM, TO USE DIFFERENT PLATFORMS, BUT WE WOULD ALSO BE, UH, POSTING THE NOTICE NOT ONLY ON THE WEBSITE, BUT WE'D ALSO BE DOING IT IN THREE PHYSICAL PUBLIC LOCATIONS.PUBLIC, PUBLIC PLACE? NO, WE'RE SAYING THE WEBSITE AND THREE PUBLIC LOCATIONS IN ADDITION TO THE WEBSITE.
THE PUBLIC IS THE DIGITAL MEANS, UM, LIKELY THAT WOULD BE ALSO SENT THROUGH SOCIAL MEDIA PLATFORMS AND SUCH ALSO.
BUT, BUT THEY'RE PHYSICAL LOCATIONS THAT YOU COULD GO IN AND VIEW THE, THE, THE DOCUMENTS IN A PUBLIC PLACE.
SO IT WOULD BE TWO SEPARATE OBLIGATIONS.
ONE IS POSTED ONLINE AND THE SECOND OBLIGATION BE POSTED IN A PUBLIC BASIS, THREE PUBLIC BASIS THAT'S DEFINED BY COUNSEL.
SO CURRENTLY WE HAVE THIS PROVISION IN SOME OTHER AREAS OF NOTIFICATION, NOT IN THIS PARTICULAR SECTION OF THE CHARTER.
SO, UH, AS I WAS SAYING, WE POST THEM, THERE'S A BOARD OUT HERE IN CITY HALL WHERE THOSE AVAILABLE, ANYONE CAN COME AND, AND VIEW THAT.
UM, THEN WE ALSO HAVE IT AT THE POLICE DIVISION AND AT, AT THE LIBRARY.
HE WRITES LIBRARY POSTS, ALL OF THESE PUBLIC NOTICES TO, IF SOMEONE WOULD GO IN AND ASK FOR THOSE, THEY WOULD BE AVAILABLE.
SO IT'S, IT'S INTENDED TO ALLOW FOR SOMEONE WHO'S NOT USING, UH, DIGITAL OR ELECTRONIC MEANS OF COMMUNICATION, UM, OR IS NOT COMFORTABLE WITH THAT, UM, OR DIDN'T HAVE THE MEANS TO DO THAT.
THEY COULD, UM, ALSO VIEW ALL THESE DOCUMENTS IN A PUBLIC PLACE.
SO NUMBER FOUR IS TO SECTION 6 0 1.
FOURTH AMENDMENT PROPOSES THAT THE RESIDENCY REQUIREMENT FOR THE CITY MANAGER BE DETERMINED BY EXISTING OHIO STATE LAW AND AS NEGOTIATED BY THE CITY COUNCIL, THIS AMENDMENT ALLOWS FLEXIBILITY IN SETTING RESIDENCY REQUIREMENTS.
THIS AMENDMENT PROVIDES FLEXIBILITY IN THE RESIDENCY REQUIREMENT FOR THE CITY MANAGER, ALLOWING THE CITY COUNCIL TO CONSIDER THE SPECIFIC CIRCUMSTANCES OF EACH CANDIDATE AND TO ALIGN THE RESIDENCY REQUIREMENT WITH STATE LAW.
SO CURRENTLY, UM, IN THE CITY CHARTER, THERE'S A PROVISION IN THIS SECTION THAT SAYS THAT THE, THE CITY MANAGER IS REQUIRED TO BE A RESIDENT OF THE CITY OF HUBER HEIGHTS TO HOLD THE, THE JOB.
UM, THERE'S CASE LAW THAT HAS GONE UP TO THE OHIO SUPREME COURT AND MAYBE JORDAN'S IN A BETTER POSITION TO SPEAK SPECIFICALLY TO THE LEGAL ASPECTS OF IT, BUT HIS NEGATED, UH, USING A RESIDENCY REQUIREMENT FOR A JOB POSITION, UM, FOR A MUNICIPALITY, UNLESS THAT'S NEGOTIATED AS PART OF A EMPLOYMENT AGREEMENT, UM, WITH, WITH THE CANDIDATE.
DO YOU WANNA ADD ANYTHING TO THAT? NO, I THINK I CAN.
UM, SO, UM, THIS IS JUST MAKING THE CHARTER, UH, ALIGNED AND CONSISTENT WITH STATE LAW AS IT CURRENTLY STANDS, BUT DOES ALLOW THE COUNCIL THE FLEXIBILITY TO STILL, UH, REQUIRE RESIDENCY FOR THE CITY MANAGER IF IT'S NEGOTIATED, UM, IN GOOD FAITH WITH THE, THE CANDIDATE FOR THAT POSITION, UH, THROUGH AN EMPLOYMENT AGREEMENT.
DO YOU KNOW WHAT THE CURRENT, UH, STATE LAW IS? DO YOU KNOW WHAT THAT MEAN? WELL, WE'RE A HOME, HU HEIGHTS IS A HOME RULE COMMUNITY.
SO WE'RE A CHARTER, IT'S A WHAT WE'RE A CHARTER CITY, WHICH MAKES US A HOME RULE COMMUNITY.
SO WE CAN SET THROUGH OUR CHARTER, UM, A LOT OF THE AUTHORITIES, UH, UH, AND THE POLICIES THAT, UH, THE CITY WISHES TO MAINTAIN SPECIFICALLY FOR THIS COMMUNITY IN THIS CASE.
UH, THAT'S HOW THAT PROVISION WAS IN THERE ORIGINALLY AS A REQUIREMENT FOR THE CITY MANAGER.
BUT THAT'S BEEN INVALIDATED, UH, THROUGH THE OHIO SUPREME COURT CASE, UM, THAT SAID THAT RESIDENCY CAN NO LONGER BE CONSIDERED IN THIS FASHION AS IT WAS PREVIOUSLY AS A MANDATORY REQUIREMENT.
BUT YOU SAID ANYTHING FURTHER, YOU SAID THAT YOU WANTED TO KIND OF LINE WITH THE EXISTING OHIO STATE LAW.
SO FROM THE STATE LEVEL, UH, THE HARD SUPREME COURT DECIDED THAT, UH, IS NO LONGER A REQUIREMENT OR SOMETHING THAT CAN BE REQUIRED.
UM, SO BY SUPREME COURT MAKING THAT DECISION, THEY'VE CREATED CASE LAW THAT STANDS FOR THAT POINT.
WHAT WE'RE DOING IS PUTTING OUR CHARTER, UH, POTENTIALLY IN LINE WITH THE SAME DECISION BY THE HOUSE SUPREME COURT.
SO CASE LAW IS STATE LAW, YOU KNOW, IT'S BINDING, BUT IF WE ARE A CHARTER CITY,
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WE CAN MAKE OUR OWN OFFICE.PARDON? WE CAN MAKE LAWS AS LONG AS THEY DON'T, UH, INFRINGE ON THE, THE LAWS OF THE STATE OF OHIO OR THE US GOVERNMENT.
SO WE, WE ARE ABLE TO CONFLICT WITH STATE LAW ON CERTAIN ASPECTS.
UM, THERE'S A LAW AND LEGAL ANALYSIS ON HOW HOME RULES APPLY TO CITIES.
UM, THE EASIEST WAY TO DESCRIBE IT IS THERE ARE LAWS ARE CONSIDERED GENERAL LAWS.
IF THERE'S A GENERAL LAW PASSED BY THE, UM, BY THE GENERAL ASSEMBLY OR BY, UH, STATE CASE LAW.
UH, WE CANNOT CONFLICT WITH THOSE GENERAL LAWS.
UM, BUT ON LAWS ARE NOT GENERAL LAWS.
WE ARE ABLE TO FLIP TO THE HOME RULE MUNICIPALITY HERE.
UM, IT'S BEEN CITED THAT THIS IS A GENERAL LAW, I BELIEVE.
UM, AND IF YOU HAVE, IF YOU WANT MORE INFORMATION, WE'RE HAPPY TO REACH OUT AND PROVIDE, YOU KNOW, THOSE CASES THAT YOU CAN READ.
UM, BUT FROM OUR UNDERSTANDING, UM, THIS AMENDMENT WOULD PUT US IN, UH, COMPLIANCE WITH WHAT'S BEEN SAID ON THE STATE LEVEL.
SO WHAT IF THE, WHAT IF THE CITIZENS VOTE KNOW ON THAT, THAT THEY DON'T WANT, THEY WANT STILL LEGAL, THE MANAGER TO BE A RESIDENT OF HUMAN RIGHTS.
WHAT IF THEY VOTE THAT DOWN? WELL, AND I'LL TELL YOU, THIS ISSUE WAS IN A DIFFERENT FORMAT WAS BEFORE THE VOTERS IN 2016 AND 17.
UM, AND THEN THE LANGUAGE JUST REMAINS IN THE CHARTER, BUT IT'S LEGALLY UNENFORCEABLE.
IS THAT GONNA BE PUT ON THERE THAT IT'S NOT LEGALLY UNENFORCEABLE AS IT IS RIGHT NOW? IF WE, YOU KNOW, OR, OR HAS IT BEEN THOUGHT OF TO, I I, I MEAN, I DON'T, I MEAN, HOW CAN YOU, HOW CAN YOU SAY THAT, AND MAYBE THIS IS FOR A DIFFERENT FORUM, BUT HOW CAN YOU SAY THAT IF THE CITIZENS, THE VOTING CITIZENS SAY WE WANT THE CITY MANAGER OR YEAH, THE CITY MANAGER TO BE A RESIDENT OF THE CITY HE'S REPRESENTING, AND THE, AND THE POPULATION AGREES, HOW CAN YOU SAY THAT THAT WOULD NOT BE ENFORCEABLE? AND I KNOW THE SUPREME COURT HAD SAID, WELL, IT'S NOT, BUT THE OHIO SUPREME COURT SAID IT'S NOT SO, IT'S NOT ENFORCEABLE.
WE, WE COULD BE SUED IF WE DID OTHERWISE.
SO IN THIS CASE, UH, WE THINK THIS IS THE BEST COMPROMISE BECAUSE, BUT WE DON'T HAVE A CHOICE ALREADY.
WELL, YOU, WHAT THE CITY COULD DO IS THEY COULD NEGOTIATE WITH A CANDIDATE TO REQUIRE THEM AS PART OF THEIR EMPLOYMENT AGREEMENT TO BE A RESIDENT OF THE CITY.
AND IF THAT PERSON REFUSED TO ENTER INTO THAT AGREEMENT AS PART OF IT, THEY COULD LOOK FOR ANOTHER CANDIDATE.
THEY, THEY'RE NOT BOUND TO TAKE SOMEBODY WHO'S NOT WILLING TO ENGAGE IN, IN, UH, COMING TO A CONSENSUS ON THAT POINT AS PART OF AN EMPLOYMENT AGREEMENT.
AND, AND I WANNA MAKE SURE WE'RE PROVIDING YOU WITH ACCURATE INFORMATION.
SO, UM, IF TONY, YOU THINK IT MAKES SENSE, WE CAN PROVIDE A, A, A SMALLER SYNOPSIS ON THE EXACT CASE LAW AND THERE'S EXACT IMPLICATIONS OF WHAT THE STATE REQUIREMENT WE CAN PUT ON THE PUBLIC WEBSITE FOR YOUR READING, IF THAT'S HELPFUL FOR YOU.
YEAH, I MEAN THAT, YOU KNOW, I THINK THAT, I MEAN, I ASKED THE QUESTION, I DON'T KNOW HOW ENGAGED EVERYBODY ELSE ARE AND YOU KNOW HOW EVERYBODY ELSE IS, BUT, YOU KNOW, BASICALLY SOUNDS TO ME LIKE IT SUCK, BUT I UNDERSTAND.
BUT IT WILL BE INTERESTING TO KNOW THAT YEAH, WE'LL BE HAPPY TO DO THAT AND PROVIDE THAT INFORMATION.
UM, YOU KNOW, LAST TIME WE DID A CHARTER REVIEW COMMISSION PROCESS, WE DIDN'T HAVE THESE INFORMATIONAL MEETINGS OR, UH, DO MUCH OUTREACH IN TERMS OF THAT.
SO, UH, LEARNING FROM EXPERIENCE, WE FIGURED THIS TIME AROUND WE WANTED TO PUT OUT AS MUCH, UH, FACTUAL INFORMATION AS POSSIBLE TO ALLOW INFORMED VOTERS TO MAKE A DECISION ON THE CHARTER COMMITTEES.
SO, UH, THIS ONE IS PROBABLY ONE OF THE MORE DIFFICULT ONES FOR PEOPLE TO UNDERSTAND BECAUSE OF, OF THAT CASE LAW AND, UH, THE HISTORY THAT THIS PARTICULAR PROVISION HAS.
UH, AND I, I KNOW A LOT OF PEOPLE ARE PASSIONATE ABOUT, UH, RESIDENCY FOR THE CITY MANAGER.
UM, THIS IS A ATTEMPT TO ADDRESS AND ALIGN THOSE WISHES WITH, UH, WITH EXISTING STATE LAW IN CASE LAW.
GOT ANYTHING? NO, I, I REMEMBER IN THE PAPER THE, UM, CONTROVERSY THAT OCCURRED.
WAS IT A COUPLE CITY MANAGERS AGO? LIKE WAS IT ROB S THERE'S, IT'S BEEN, UH, DISCUSSED FOR A WHILE.
UM, UH, ROB SCHUMER DID, WAS NOT A RESIDENT RIGHT.
OF THE CITY WHILE HE, THE CITY MANAGER.
UM, BUT, UH, MOST OF THE OTHERS EXCEPT INTERNS HAVE BEEN RESIDENTS.
AND THE CURRENT CITY MANAGER IS, IS A RESIDENT OF THE GROUND.
YEAH, I THINK THE CITY TRIED TO ENFORCE IT AND THEY GOT SLAPPED
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DOWN BY THE STATE.THE PRE THE PREVIOUS CITY MANAGER MOVED HERE WHEN HE ACCEPTED THE JOB TO, THAT'S DID SEVERAL OTHER CANDIDATES, AND THAT WAS PART OF THEIR EMPLOYMENT AGREEMENT, WHICH IS WHAT WE'RE PROPOSING HERE.
WE'LL MOVE ON TO THE FIFTH AND FINAL CITY CHARTER AMENDMENT.
IT PROPOSES THAT BORDER COMMISSION MEMBERS, AS WELL AS COUNCIL MEMBERS MAY BE REMOVED IF THEY HAVE THREE OR MORE UNEXCUSED ABSENCES FROM MEETINGS.
THIS AMENDMENT SETS CLEAR GROUNDS FOR REMOVAL BASED ON ATTENDANCE AND THE RATIONALE FOR, UH, THIS PARTICULAR CHARTER OF AMENDMENT.
UH, THIS AMENDMENT ESTABLISHES ATTENDANCE REQUIREMENTS FOR MEMBERS OF BOARD COMMISSIONS AND THE CITY COUNCIL ENSURING THAT ALL MEMBERS ARE ACTIVELY PARTICIPATING IN THEIR DUTIES.
THE AMENDMENT PROVIDES A CLEAR STANDARD FOR REMOVAL IN CASES OF REPEATED UNEXCUSED ABSENCES.
AND, UM, I WOULD JUST SAY THAT THE OPERATIVE WORLD HERE IS UNEXCUSED.
THERE IS A PROCESS, UH, BOTH AT THE BOARD AND COMMISSION LEVEL AND AT THE CITY COUNCIL LEVEL, THAT IF SOMEONE MISSES A MEETING, UM, THEY CAN PROVIDE REASON AND A MAJORITY OF THAT BODY CAN EXCUSE THE ABSENCE.
SO THAT WOULD NOT COUNT TOWARDS THIS REQUIREMENT.
SO, UH, I WOULD ALSO ADD THAT, UH, WITH THIS PARTICULAR PROVISION THAT EVEN IF SOMEBODY EXCEEDED, MET OR EXCEEDED THE THREE, UH, UNEXCUSED ABSENCES, UM, IT'S STILL, THERE'S STILL A PROCESS FOR REMOVAL THAT ALLOWS FOR DUE PROCESS OF THAT INDIVIDUAL.
THEY WOULD HAVE TO HAVE A HEARING, UM, AND THERE WOULD HAVE TO BE A VOTE BY THE MEMBERS OF THAT BODY.
UM, CURRENTLY IT REQUIRES SIX VOTES TO, UH, REMOVE SOMEBODY FROM THE BOARD OF COMMISSION.
UM, IN THE CASE OF THE CITY COUNCIL REMOVING THEM, OR IF A MEMBER OF CITY COUNCIL IS GOING TO BE REMOVED AFTER DUE, UH, PROCESS, IT WOULD REQUIRE SIX VOTES.
SO A SUPER MAJORITY FOR THAT AS WELL.
SO JUST GETTING THREE, UH, UNEXCUSED ABSENCES DOESN'T MEAN THAT THAT PERSON IS AUTOMATICALLY REMOVED.
THEY STILL HAVE TO GO THROUGH THE DUE PROCESS AND, AND FOLLOW THE PROCEDURES, UH, ASSOCIATED WITH THAT.
I, I DON'T HAVE A QUESTION ON THE, THE LANGUAGE PER SE, REALLY, MY, MY QUESTION'S MORE ON THE PROCESS.
SO, UM, HOW DOES THE, THE NOTIFICATION GET UP TO COUNCIL? IS IT THE RESPONSIBILITY OF LIKE THE BOARD, LIKE THE BOARD CHAIR TO SAY, UH, THERE BEEN THREE UNEXCUSED ABSENCE AND THEN PREPARE A LETTER TO, TO YOU TO PASS TO COUNCIL? OR DO YOU PREPARE IT BASED UPON INPUT FROM STAFF? YEAH, I, WHAT IS THE PROCESS FOR, FOR, UM, SURFACING THAT INFORMATION OF THE COUNCIL Y YEAH, SO, UM, FOR THE BOARDS OF COMMISSIONS, THIS HAS NOT BEEN A, THE ABSENCES HAS NOT BEEN A PROVISION AS LISTED AS A GROUNDS REMOVAL.
SO WHAT I WOULD ENVISION THE PROCESS TO BE WOULD BE, UH, THE BOARD CHAIR AND CONSULTATION WITH THE STAFF LIAISON FOR THAT BOARD OF COMMISSION WOULD DETERMINE THAT, UM, THE SUFFICIENT NUMBER OF ABSENT UNEXCUSED ABSENCES HAVE BEEN MET.
AND THEY WOULD REFER THAT INFORMATION THROUGH THE STAFF LIAISON, UH, TO MYSELF AS THE CORPORATE COUNSEL, AND THEN I WOULD MAKE COUNSEL AWARE OF THAT ISSUE.
AND, UH, THEN THERE WILL BE A DETERMINATION WHETHER, UH, REMOVAL WOULD BE PURSUED.
UM, I DON'T THINK THAT, YOU KNOW, UH, THE GOAL OF THIS IS TO JUST SIMPLY REMOVE PEOPLE FROM MISSING MEETINGS.
AND CERTAINLY IF THERE ARE VALID REASONS FOR MISSING, THEN IT WOULD BE AN EXCUSED ABSENCE THAT WOULDN'T COUNT TOWARDS THIS REQUIREMENT.
UM, THIS IS INTENDED TO ADDRESS THE PEOPLE THAT MAYBE HAVE BEEN APPOINTED BOARD AND COMMISSIONS IN THE PAST AND HAVE JUST COME TO A COUPLE MEETINGS AND THEN WE NEVER HEAR FROM 'EM AGAIN.
AND THERE'S NO RESIGNATION FORTHCOMING, AND THEY'RE HOLDING UP A SPOT THAT PREVENTS FORUMS AND THINGS LIKE THAT FOR THESE MEETINGS, THESE MEETING.
SO THEN IT MIGHT BECOME AN ISSUE AFTER REPEATED UNEXCUSED ABSENCES, WHETHER THERE WOULD NEED TO BE ADDRESSED.
YEAH, I, UM, I, I RECOMMEND LIKE WHAT, BASICALLY WHAT YOU JUST SAID, THIS SYNOPSIS OF IT WOULD BE, UH, TO ADD THAT TO THE BOARD IN DEFICIENT HANDBOOK ABSOLUTELY.
HIS RESPONSIBILITY OF, OF CERTAINLY THE BOARD CHAIR OR VICE CHAIR IF THIS SITUATION OCCURS TO NOTIFY YOU THROUGH THE STAFF LIAISON.
CURRENTLY IN THE BOARD COMMISSION HANDBOOK, THERE IS A SECTION THAT DEALS WITH REMOVAL OF BOARD COMMISSION MEMBERS, BUT IT'S BASED ON THE CHARTER AS IT CURRENTLY STANDS.
SO IF THE CHARTER AMENDMENT IN THIS CASE WERE TO BE APPROVED, WE WOULD UPDATE THAT TO REFLECT THE NEW, UH, SECTION OF THE CHARTER AND THE NEW PROVISIONS IN THAT SECTION OF THE CHARTER.
[00:30:03]
OKAY.ANYBODY ELSE? ANY QUESTIONS? OKAY.
UM, THEN I'M GONNA TURN IT OVER TO THOMAS, WHO'S GOING TO, UH, TELL US ABOUT THE NEXT STEPS WITH THE CHARTER REVIEW COMMISSION PROCESS.
UH, HOW WILL VOTERS BE INFORMED ABOUT THE PROPOSED CHARTER AMENDMENTS BEFORE THE ELECTION? UM, THE FULL TAX OF THE PROPOSED CHARTER CITY CHARTER AMENDMENTS MUST BE PUBLISHED TWO CONSECUTIVE WEEKS, UH, 15 DAYS PRIOR TO THE NOVEMBER 5TH, 2024 GENERAL ELECTION IN THE NEWSPAPER.
THAT WILL HAPPEN ON, UH, OCTOBER 4TH AND OCTOBER 11TH.
UM, WHAT HAPPENS IF A PROPOSED CITY CHARTER AMENDMENT DOES NOT PASS? UM, IF A PROPOSED AMENDMENT DOES NOT RECEIVE THE NECESSARY MAJORITY VOTE IN THE ELECTION, IT WILL NOT BE INCORPORATED INTO THE CITY CHARTER.
THE, THE EXISTING PROVISIONS OF THE CITY CHARTER REMAIN AND WILL ESSENTIALLY REMAIN IN EFFECT.
UM, AND THE NEXT QUESTION, WHEN WOULD THE AMENDMENTS GO INTO EFFECT IF APPROVED BY THE VOTERS? CITY? CHARTER AMENDMENTS MUST BE CERTIFIED TO THE OHIO SECRETARY OF STATE WITHIN 30 DAYS OF THE ELECTION AS REQUIRED BY THE CONSTITUTION ARTICLE.
UM, SECTION NINE BEFORE GOING INTO EFFECT.
AND WHERE CAN I FIND MORE INFORMATION OR ASK QUESTIONS ABOUT THE PROVOST CITY CHARTER AMENDMENTS? ADDITIONAL INFORMATION ABOUT THE PROPOSED CITY CHARTER AMENDMENTS CAN BE FOUND ON THE CITY OF HUB HEIGHTS WEBSITE AT CITY HALL, OR BY ATTENDING PUBLIC MEETINGS WHERE THE CITY CHARTER AMENDMENTS CAN OR ARE DISCUSSED.
RESIDENTS CAN ALSO CONTACT CLERK OF COUNCIL'S OFFICE OR THEIR CITY COUNCIL REPRESENTATIVES WITH ANY QUESTIONS OR CONCERNS.
I HAVE A QUESTION, UHHUH ON THE, UH, WHEN DOES IT GO INTO EFFECT? I WAS A LITTLE CONFUSED ABOUT THE 30 DAYS OF THE ELECTION.
DO YOU REALLY MEAN 30 DAYS FOLLOWING CERTIFICATION OF THE ELECTION, WHICH IS GENERALLY TWO WEEKS AFTER THE ELECTION, BECAUSE THERE'S STILL PROVISIONAL VOTERS VOTES THAT ARE BEING COUNTED ABSENTEE BALLOTS THAT WERE POSTMARKED PRIOR ELECTION AND SO FORTH.
AND GENERALLY THE BOARD'S OF ELECTION HAVE TWO WEEKS TO CERTIFY TO THE SECRETARY OF STATE.
SO DO YOU MEAN 30 DAYS FROM THE CERTIFICATION DATE? NO, IT, IT, THEY, OR DO YOU MEAN 30 DAYS FROM THE DAY OF THE ELECTION? IT'S 30 DAYS FROM THE DAY OF THE ELECTION, THEY HAVE TO BE CERTIFIED TO THE, UH, BY THE LOCAL BOARDS OF ELECTION TO THE OHIO SECRETARY OF STATE'S OFFICE.
ONCE THAT STEP'S COMPLETED, THEN THEY, THEY WOULD TAKE, IN FACT, IF A MAJORITY VOTE WAS TO APPROVE WITHIN CITY CHARTER.
I JUST LOOK FOR THE, THE TIMELINE OF WHEN THAT 30 DAYS, THEY HAVE TO DO IT WITHIN 30 DAYS OF THE ELECTION.
BECAUSE SOMETIMES PEOPLE DON'T THINK THAT THE ELECTION IS NOT DONE UNTIL IT'S CERTIFIED.
AND SO IT'S ABOUT A TWO WEEK DIFFERENCE.
SO THIS WOULD FALL IN THAT TIMEFRAME BASED ON WHEN THE LOCAL, UH, BOARD OF ELECTIONS MEET TO CERTIFY THE RESULTS AND THEN SEND THEM TO THE OHIO SECRETARY OF STATE, THEN THE OHIO SECRETARY OF STATE CERTIFIES THEM, AND THAT'S ALL DONE WITHIN A 30 DAY PERIOD.
YEAH, I THINK THEY WANNA CHASE BOARD JUST LIKE, BECAUSE IT, IT'S ACTUALLY 30 DAYS FROM MONDAY ELECTION CERTIFIED IS WHAT I THINK YOU NEED.
NOW IT'S, IT'S WITHIN 30 DAYS OF THE ELECTION, THERE'S HAVE TO BE CERTIFIED.
SO IT WOULD BE, THE ELECTION DATE WOULD BE THE TRIGGER FOR THE 30 DAYS.
BUT IF YOU HAVE RECOUNTS AND THINGS LIKE THAT, THAT MAKES DELAY, IF THERE WAS A ATION WOULD NOT NECESSARILY OCCUR.
ANYWAY, THERE'S TOO BIG DIFFERENCE.
AND THAT'S FOR LIKE RECOUNTS AND ALL THAT KIND OF STUFF.
AND SO, WELL, IT, IT'S REQUIRED THOUGH, TO TAKE PLACE THAT WHOLE PROCESS WITHIN 30 DAYS OF THE DATE OF THE ELECTION.
I JUST WANNA POINT OUT THAT YEAH, I MEAN THAT'S WHAT IT SAYS HERE IS WITHIN 30 DAYS OF ELECTION, IT HAS TO BE
BUT THAT'S STATE, THAT'S STATE LAW, RIGHT? THAT IT HAS, I THINK I, MAYBE I'M, I'M MISUNDERSTAND, OR MAYBE I HAVE IT WRONG TO SEE IF I, THAT SAYS, THAT SAYS THAT IT HAS TO BE CERTIFIED BY THE SECRETARY OF STATE
[00:35:01]
IN 30 DAYS, WITHIN 30 DAYS OF THE ELECTION.BUT THE QUESTION IS, WHEN DID THE AMENDMENTS GO INTO EFFECT? THE ANSWER DOESN'T REALLY SAY THAT.
IT JUST SAYS THAT THE CHARTER AMENDMENTS AS APPROVED OR, OR NOT APPROVED BY THE VOTERS HAS TO BE CERTIFIED WITHIN 30 DAYS.
SO THE ANSWER TO THE QUESTION IS, IS ACTUALLY THERE'S CER THEY'RE IN EFFECT WHEN THEY'RE CERTIFIED BY THE OHIO SECRETARY OF STATE'S OFFICE.
RANDY, I'M DOUBLE CHECKING WITH THE ORC, BUT MY UNDERSTANDING IS THAT YOU'RE TRYING OF TALKING ABOUT AT THE SAME POINT, UM, ONCE AN ELECTION HAPPENS, AS RESULTS MUST BE CERTIFIED WITHIN 30 DAYS, ONCE THEY'RE CERTIFIED, THEN THE CHARGE 'EM WILL GO TO EFFECTS.
UM, SO IF THEY GET, IF IT GETS A, IF IT GETS CERTIFIED WITHIN 10 DAYS, IT'S, YOU KNOW, THAT'S CORRECT.
I MEAN THAT WHENEVER THE CERTIFICATION TAKES PLACE, I KIND OF READ YOUR THOUGHTS, IS THAT IT SAYS IT HAS TO BE CERTIFIED.
THAT DOESN'T NECESSARILY MEAN THAT YEAH, WELL, PART OF IT IS IT DOES THE CERTIFICATION, 'CAUSE THE BOARDS DID A CERTIFICATION AND SECRETARY STATE DOES A CERTIFICATION.
SO THERE, SO DIFFERENT GROUPS DO CERTIFICATION.
SO IT'S, IT'S A TERM THAT'S USED IN TWO DIFFERENT CONTEXTS.
I BELIEVE THIS IS MIRRORED OFF OF, UH, WHAT'S IN THE ORC.
UM, WE CAN PROVIDE A CITATION TO THE ORC SECTION IF THAT HELP CLARIFY.
YEAH, I WELL, IT'S JUST A LITTLE BIT CONFUSING.
AND THEN TO HER POINT, UM, EVEN THOUGH THE SECRETARY OF STATE CERTIFIES IT, LET'S SAY THEY CERTIFY, UM, FIRST WEEK IN DECEMBER, WHEN DOES THE, THE AMENDMENTS, WHEN DO THEY GO INTO EFFECT? IS IT AT THAT DAY THAT IT'S CERTIFIED OR IS IT ONE MONTH LATER OR THAT, THAT SORT OF THING LIKE JANUARY 1ST? WELL, I, I THINK THE PARALLEL THAT I CAN DRAW TO THIS IS, UH, WHEN WE HAVE CITY COUNCIL ELECTIONS FOR CITY COUNCIL MEMBERS AND THE MAYOR, UH, THE BOARD OF ELECTIONS CERTIFIES THE RESULTS AT A CERTAIN POINT WITHIN 30 DAYS AFTER THE ELECTION.
AND I RECEIVE A CERTIFICATE THAT IT'S BASICALLY A CERTIFICATION OF THE ELECTION RESULTS FOR EACH OFFICE.
IT TELLS THE NUMBER OF VOTES THAT PERSON RECEIVED AND THAT IT CERTIFIES THEM AS THE DULY, UH, ELECTED CANDIDATE FOR THAT, UH, FOR THAT OFFICE.
AND SO SIMILAR TO THIS, I THINK IT'S WHEN THE, UH, BOARD OF ELECTIONS, UM, MEETS AND CERTIFIES WITHIN A 30 DAY PERIOD OF THE ELECTION.
AND THEN AS IT SAYS HERE, IT MUST BE CERTIFIED TO THE OHIO SECRETARY OF STATE.
I DON'T THINK THAT THE SECRETARY OF STATE'S OFFICE IS NECESSARILY CERTIFYING, THEY'RE ACCEPTING THE CERTIFICATIONS FROM THE LOCAL BOARDS OF ELECTIONS.
AND IN OUR CASE, UM, THEY GO WITH THE MOST POPULOUS COUNTY IF YOU'RE A CITY THAT'S IN MULTIPLE COUNTIES.
SO MONTGOMERY COUNTY IS THE LEAD COUNTY, UH, FOR HUBER HEIGHTS.
AND SO THEY CERTIFY THE RESULTS, COMPILING BOTH THE ELECTION TALLIES FROM MIAMI COUNTY AND MONTGOMERY COUNTY TO PROVIDE THE CERTIFICATION OF THOSE RESULTS.
SO, UM, THIS IS ACCORDING TO SECRETARY OF STATE'S, UH, S BOOK.
IT SAYS AN AMENDMENT IS APPROVED BY THE VOTERS.
MS. POUTING MUST CERTIFY A COPY THE AMENDMENT TO THE SECRETARY OF STATE WITHIN 30 DAYS OF THE ELECTION.
THAT'S THE REQUIREMENT BY STATE LAW.
UM, THAT'S WHAT WE'RE REFERENCING HERE.
AND ONCE IT'S CERTIFIED, THEN IT WOULD GO TO EFFECT AND WE WOULDN'T DO THAT UNTIL THE BOARD OF ELECTIONS TO CERTIFY THE RESULTS.
AND SOMETIMES THAT AS YOU ADDRESS, SAM TAKES SOME TIME IMMEDIATELY AFTER THE, IS THERE GONNA BE ABSENTEE BALLOTS THAT THEY'RE STILL COMING IN OR, UH, YOU KNOW, THINGS LIKE THAT.
THERE'S A CERTAIN NUMBER OF DAYS THEY STILL ACCEPT BALLOTS IF THEY'RE POSTMARKED BY A CERTAIN DATE.
IF IT'S A VERY CLOSE ELECTION, I THINK IT'S 1%, UH, WITHIN 1% DIFFERENCE, UH, TRIGGERS, UH, A RECOUNT.
WELL THEN WE WOULD LIKE TO, UM, SHARE A SHORT VIDEO WITH YOU THAT WE'VE PREPARED AS FAR AS MAKE SURE AMENDMENTS, OR COULD YOU MAKE SURE YOU GET THIS ON THE VIDEO? OOPS, SORRY.
WE DIDN'T GET THE SOUND EVERY, START IT UP EVERY 10 YEARS.
THE HUBER HEIGHTS CITY CHARTER IS SUBJECT TO REVIEW AND OPEN TO POTENTIAL AMENDMENTS.
THIS DECENNIAL REVIEW PROCESS ENSURES THAT THE CHARTER REFLECTS CURRENT LAWS AND GOVERNANCE PRACTICES THIS YEAR.
THERE ARE FIVE PROPOSED AMENDMENTS ON THE BALLOT.
EACH AMENDMENT IS DESCRIBED BELOW.
[00:40:05]
ISSUE NINE.THE FIRST AMENDMENT STATES THAT A COUNCIL MEMBER WHO HOLDS AN EXISTING SEAT MAY NOT RUN FOR A NEW SEAT WHILE STILL SERVING IN THEIR CURRENT POSITION.
IF THE COUNCIL MEMBER RUNS FOR THE NEW SEAT AND DOES NOT WIN, THEY WILL NOT RETAIN THEIR ORIGINAL SEAT.
THE SECOND AMENDMENT CHANGES THE MAYOR'S ROLE.
INSTEAD OF THE MAYOR HAVING VETO POWER AND ABSTAINING FROM REGULAR VOTES, THE MAYOR WILL NOW PARTICIPATE IN EVERY VOTE, JUST LIKE THE OTHER COUNCIL MEMBERS ISSUE 11.
THE THIRD AMENDMENT FOCUSES ON UPDATING THE METHODS BY WHICH THE CITY COMMUNICATES WITH RESIDENTS WITH THE GOAL OF PROVIDING MORE TIMELY AND RELIABLE ACCESS TO INFORMATION INVOLVING THE CITY.
THE FOURTH AMENDMENT PROPOSES REMOVING THE RESIDENCY REQUIREMENT FOR THE CITY MANAGER POSITION.
THIS AMENDMENT WOULD ALIGN THE CITY CHARTER WITH STATE LAW ISSUE 13.
LASTLY, THE FIFTH AMENDMENT PROPOSES A RULE THAT ANY COUNCIL MEMBER OR COMMISSION MEMBER WITH THREE UNEXCUSED ABSENCES FROM COUNCIL OR BOARD MEETINGS COULD BE REMOVED FROM THEIR SEAT.
THESE PROPOSED AMENDMENTS ARE AVAILABLE FOR VOTER CONSIDERATION IN THE UPCOMING ELECTION.
FOR MORE INFORMATION ON THE FULL TEXT OF EACH AMENDMENT, YOU MAY CONTACT CITY HALL OR VISIT THE CITY'S WEBSITE.
WITH THAT, IF THERE'S NO OTHER QUESTIONS, UM, WE JUST WANNA ENCOURAGE PEOPLE TO GATHER INFORMATION ON THE PROPOSED CITY CHARTER AMENDMENTS THAT WILL BE ON THE BALLOT.
ALL FIVE OF THESE THAT WE'VE DISCUSSED THIS EVENING ON NOVEMBER 5TH, WE'LL BE ON THE BALLOT IN HUBER HEIGHTS.
REMEMBER AGAIN, THAT, UM, WHILE THERE ARE ISSUE NUMBERS IN MONTGOMERY COUNTY FOR MONTGOMERY COUNTY RESIDENTS OF HUBER HEIGHTS, THERE ARE NO ISSUE NUMBERS ON THE BALLOT IN MIAMI COUNTY FOR THE MIAMI COUNTY RESIDENTS OF HUBER HEIGHTS.
AND, UH, THERE IS A, UH, A PAGE ON OUR WEBSITE.
AS I MENTIONED EARLIER, WE'D ENCOURAGE YOU TO CHECK IT OUT.
SOME OF THE THINGS, UH, THAT WE'VE DISCUSSED TONIGHT THAT NEEDED SOME ADDITIONAL CLARIFICATION.
WE'LL WORK WITH, UH, STAFF TO, UH, PROVIDE AND POST TO THAT WEBPAGE.
SO FEEL FREE TO, UH, CHECK THAT WEBPAGE OUT FOR CONTINUING UPDATES WITH ADDITIONAL INFORMATION.
AND AS THE VIDEO STATED, THERE'S A LOT OF OPPORTUNITIES TO REACH OUT TO MEMBERS OF THE CHARTER REVIEW COMMISSION TO MEMBERS OF CITY COUNCIL AND CITY STAFF, UH, TO HAVE QUESTIONS, UH, ANSWERED.
UH, WE'RE NOT HERE TO PROVIDE ADVOCACY, UH, ON ANY OF THESE, UH, CHARTER AMENDMENTS, BUT SIMPLY TO PROVIDE INFORMATION, UH, TO THE GENERAL PUBLIC ABOUT THOSE.
SO IF WE CAN BE OF ASSISTANCE IN ANY WAY THROUGH ANY OF THOSE MEANS, UH, PLEASE REACH OUT AND CONTACT US.
SO THANK YOU FOR JOINING US TONIGHT AND, UH, HAVE A GOOD EVENING.