* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] MARK. YOU READY THEN? [ CITY OF HUBER HEIGHTS STATE OF OHIO Charter Review Commission Information Session] GOOD EVENING, AND WELCOME TO THE CHARTER INFORMATIONAL SESSION WHERE WE WILL BE REVIEWING THE FIVE CHARTER AMENDMENTS THAT ARE ON THE UPCOMING BALLOT NEXT WEEK. UH, FIRST OF ALL, JUST A REMINDER, WHAT A CHARTER IS. A CHARTER IS THE GOVERNING DOCUMENT THAT A CITY CAN, UH, ADOPT UNDER THE OHIO CONSTITUTION BY ITS LOCAL GOVERNMENT. UH, IT SERVES AS A LOCAL CONSTITUTION. UM, WE'RE RE WE REVIEW IT ONCE EVERY SEVEN TO 10 YEARS. UM, AND IT JUST HAPPENS TO BE THAT TIME. IT, IT WAS REVIEWED SEVEN YEARS AGO. UH, SO IT'S THAT TIME TO GO THROUGH AND REVIEW THE DOCUMENT. UM, DURING THAT REVIEW, THERE WERE FOUR CITIZEN MEMBERS, UM, THREE COUNCIL MEMBERS AND TWO CITY OFFICE STAFF ALONG WITH OUR LEGAL STAFF, UM, WHERE WE DISCUSSED DIFFERENT CHANGES. WE HAD, UH, CITIZENS FROM HUBER HEIGHTS COME IN AND OFFER UP THEIR OPINIONS, UH, FOR THINGS TO DISCUSS AND ALSO, UH, ON THE ITEMS THAT WERE, THAT WERE ACTUALLY PROPOSING. UM, SO WE, WE SPENT FROM MARCH, FEBRUARY, MARCH TIMEFRAME, ALL THE WAY UP UNTIL AUGUST WHEN WE MADE THAT PROPOSAL TO, UH, CITY COUNCIL. AND CITY COUNCIL DID APPROVE TO MOVE FORWARD TO THE NOVEMBER BALLOT. UM, MAYBE JUST MENTION THEY CAN ASK ANY QUESTION. YEAH. AND THE PEOPLE HERE, YOU CAN ASK ANY QUESTIONS YOU LIKE ANYTIME. JUST FEEL FREE TO INTERRUPT, UM, IN THE COMMUNITY. IF YOU HAVE QUESTIONS STILL, YOU CAN CALL IN THE CITY OFFICE OR CONTACT ANY ONE OF US, UH, DIRECTLY. UH, JUST SO YOU KNOW WHO ACTUALLY SERVED OUR THREE COUNCIL MEMBERS, OR NANCY BGE, MARK CAMPBELL AND DON WEBB. UH, THE TWO CITY, UH, MEMBERS WERE JOHN RUSSELL. UM, WE DID HAVE A SECOND, BUT UNFORTUNATELY MR. ZICK, UH, WAS NO LONGER WITH US. AND THEN THE FOUR CITIZENS WERE MYSELF, MATT SCHAPER. I SERVED AS THE CHAIR, UH, THOMAS DILLINGHAM, UH, ANGELA SUMMERS, AND JENNIFER SARUS. UH, MR. ANTHONY ROGERS, OUR CLERK OF COUNSEL, DID ACT AS A STAFF LIAISON FOR US. UH, THERE ARE FIVE PROPOSALS THAT ARE ON THE BALLOT ON NOVEMBER 5TH. UH, THE FIRST PROPOSAL IS AN AMENDMENT THAT PROPOSES THE CANDIDATES FOR THE OFFICES OF COUNCIL MEMBER. AND MAYOR CANNOT HOLD OFFICES AT THE TIME OF FILING THEIR NOMINATION POSI PETITION, UNLESS THEY'RE IN THE LAST YEAR. UH, BASICALLY, UH, WHAT THIS DOES, THERE ARE FOUR POSITIONS THAT HAVE TO GIVE UP THEIR POSITION TO RUN. UM, THOSE ARE THE FOUR THAT RUN AT THE SAME TIME AS THE MAYOR POSITION DOES. AND THERE ARE FOUR COUNCIL POSITIONS THAT DO NOT HAVE TO GIVE UP A SEAT. THEY'RE STILL IN THE MIDDLE OF THEIR TERMS. UM, SO PART OF THE REASON THAT WE BROUGHT THIS FORWARD WAS, UH, IN FAIRNESS TO ALL EIGHT COUNCIL MEMBERS, UM, FOUR, BEING ABLE TO STAY ON COUNCIL AND RUN, AND FOUR, NOT BEING ABLE TO STAY ON COUNCIL AND RUN. WE THOUGHT IT WAS, UH, MORE FAIR TO ALL OF THEM IF THEY ARE ALL IN EQUAL FOOTING, THAT NONE OF THEM CAN HOLD A POSITION TO RUN. AND IT GOES FOR A COUNCIL AT LARGE POSITION AS WELL. UM, YOU CAN'T RUN FROM A SEAT, UH, IF YOU CURRENTLY HOLD A SEAT. UM, THE SECOND AMENDMENT IS, YEP. JUST BEFORE YOU GO. I THINK THAT ONE'S KIND OF COMPLICATED, SO IT MAY BE A LITTLE HARDER. MM-HMM. FOR PEOPLE UNDERSTAND, THERE ARE COPIES OF THE CHARTER OVER THERE TOO, IF YOU WANNA PICK UP ANY OF THOSE. UH, BUT IF THERE'S ANY QUESTIONS ABOUT THE MEANING OF THIS OR WHAT THE IMPACT WOULD BE, THEN WE COULD BETTER ANSWER THOSE QUESTIONS FOR YOU. YEAH. THE, BASICALLY, AGAIN, THIS WAS BROUGHT AS MORE FAIRNESS, UH, TO THE EIGHT COUNCIL MEMBERS WITH FOUR BEING ABLE TO RUN AND NOT GIVE UP THEIR SEAT. AND FOUR, HAVING TO GIVE UP THEIR SEAT. WE THOUGHT IT WOULD BE MORE FAIR, UM, FOR, FOR THAT TO HAPPEN. THE OTHER THING THAT WE SAW, AND CORRECT ME IF I'M NOT ALLOWED TO GO THIS WAY, BUT, UM, THE OTHER THING THAT WE SAW IS WHILE A CAMPAIGN WAS GOING ON, THERE WAS POLITICKING FROM THE DAIS. UM, AND, YOU KNOW, IT CAUSES A LITTLE BIT MORE OF A DI OF, OF A, UH, COMBATIVE FEEL ON THE DAIS AND NOT A WORKING, WORKING TOGETHER FEEL. BECAUSE IF YOU'RE RUNNING FOR A POSITION, YOU'RE OBVIOUSLY GONNA BE AGAINST THE PERSON SITTING IN THAT POSITION. UH, SO WE WANTED TO ELIMINATE THAT POLITICKING FROM THE DAIS AND MAKE ALL THE CAMPAIGN HAPPEN OFF CITY PROPERTY AND ACTUALLY OUT IN THE CAMPAIGN AND NOT RIGHT HERE, UH, WHERE THEY NEED TO BE CONDUCTING CITY BUSINESS AND NOT CAMPAIGNING FOR THEIR NEXT [00:05:01] ELECTION. UM, SO THAT WAS YES. IF SOMEBODY ON. RIGHT, RIGHT, RIGHT. SO DID THAT COVER EVERYTHING NANCY, THAT AND THOMAS? YES. YES. UM, YES IT DID. I WAS KIND OF BACK TO, WE CAN USE THIS MICROPHONE WHO OKAY. I I'LL TRY TO REPEAT WHEN THEY ASK A QUESTION, REPEAT ANSWER SECTION. OKAY. AND AGAIN, WHEN YOU, WHEN YOU LOOK AT OUR QUESTION ANSWERS, YOU ALSO HAVE THE RATIONALE THERE THAT STATES, THIS AMENDMENT CHANGES THE ELECTORAL PROCESS BY PREVENTING SITTING OFFICIALS FROM USING THE ADVANTAGES OF INCUMBENCY WHILE RUNNING FOR A NEW TERM OR A DIFFERENT OFFICE. SO YEAH, THAT'S, THAT'S, YEP. WHAT I WAS REFERRING TO. YEP. YEAH. THANK YOU. UM, OUR, THE NEXT AMENDMENT, UM, IS AN AMENDMENT PROPOSING TO GIVE THE MAYOR A SINGLE VOTE ON COUNCIL MATTERS WHILE REMOVING THE MAYOR'S ABILITY TO VETO COUNCIL DECISIONS. UM, IT CHANGES HIS ROLE TO A VOTING MEMBER OF COUNCIL WITHOUT THE POWER OF A VETO. UM, THE RATIONALE, CURRENTLY THE MAYOR DOES NOT HAVE A VOTE ON COUNCIL, BUT THE MAYOR HAS THE POWER TO VETO COUNCIL DECISIONS. THIS AMENDMENT SEEKS TO ALIGN THE MAYOR'S ROLE, UH, WITH OTHER COUNCIL MEMBERS PROVIDING CLARITY ON THE MAYOR'S FUNCTION IN THE LEGISLATIVE PROCESS, WHICH IS TYPICALLY DONE IN LOCAL COMMUNITIES. UM, AND I KNOW IT SAYS LOCAL COMMUNITIES IN THE RATIONALE, JUST SO YOU KNOW, WE DID HAVE A LIST OF AROUND 30, UH, AREA COMMUNITIES. OVER 90% OF THEM, THEIR, THEIR MAYOR VOTED AND DID NOT HAVE VETO POWER. IT WAS LESS THAN 10% WHERE IT WAS SET UP IN OUR CURRENT WAY. UM, SO, YOU KNOW, THAT'S THE MAYOR VOTE. YEAH. I THINK, UH, ANECDOTALLY WHAT WE'VE EVEN HEARD FROM A LOT OF HUBER HEIGHTS RESIDENTS IS THAT, UM, MOST PEOPLE THOUGHT THE MAYOR DID HAVE THE RIGHT TO VOTE. AND, UM, THAT'S JUST NOT THE CASE IN THIS PARTICULAR COMMUNITY. SO IT'S TREATING ALL THE MAYOR AND THE COUNCIL MEMBERS EQUALLY. NO ONE HAS ANY VETO POWER OVER THE OTHER. UM, EVERYONE HAS A SINGLE VOTE BY HAVING AN ODD NUMBER OF, UH, VOTES. IF, IF EVERYONE'S PRESENT, IT PREVENTS A TIE FROM HAPPENING, UH, BECAUSE THERE WOULD BE NINE VOTING MEMBERS OF COUNCIL AT THAT POINT. AND, UM, AGAIN, IT, IT JUST SEEMS TO CREATE MORE FAIRNESS IN THAT OPERATION. BUT THEN WE REMOVE THE VETO POWER AS A TRADE OFF. UM, IN TERMS OF THE MAYOR'S POWERS. SO I'M SORRY I NO WORK FOR THE CITY DATE. SO MY MINDSET, THAT'S HOW I'M COMPARING IT. SO HOW MANY COUNCIL MEMBERS ARE THERE? WE HAVE EIGHT COUNCIL UHHUH, AND THEN THE MAYOR IS THE TIE BREAKING VOTE CURRENTLY. SO IF EIGHT SHOW UP AND IT'S FOUR TO FOUR, RIGHT? IT TAKES FIVE TO PASS LEGISLATION. OKAY. SO UNDER THE CURRENT , SO UNDER THE CURRENT PROCESS, WELL, THE MAYOR ONLY GOT INVOLVED IF THERE WAS A TIE, ONLY IF THERE'S A TIE. AND SO NOW THE MAYOR WILL JUST BECOME A NINTH VOTE PERIOD. HE'LL BECOME A NINTH VOTE PERIOD. OKAY. SO THEN, UM, IN ADDITION TO THAT, UM, AND I DON'T KNOW IF IT HAVE READ YOUR CHART. MM-HMM. , BUT, UM, THE MAYOR THEN, OF COURSE, NOW WILL THAT BECOME A PART OF THE QUORUM? SO VETERINARY QUORUM IS NOT FIVE. HE ALREADY, BELIEVE IT OR NOT, HE ALREADY IS IN THE QUORUM. YES. UH, FIVE MAJORITY IS BASED ON NINE PEOPLE IN THE QUORUM. EXACTLY. SO, AND EVEN THE SUPER MAJORITY, WHICH TAKES SIX VOTES ON CERTAIN LEGISLATION, UM, IS SIX OUT OF NINE. SO HE'S ALREADY IN THE QUORUM, BUT HE DOESN'T HAVE A VOTE ON AN EVERYDAY BASIS. THE ONLY TIME THE MAYOR'S POSITION IS CURRENTLY ALLOWED TO VOTE IS IN A FOUR, FOUR TIME. BUT LET'S SAY, UM, A COUNCIL PERSON IS ABSENT, IF IT ENDS UP FOUR TO THREE BECAUSE A COUNCIL PERSON IS ABSENT, IT FAILS BECAUSE IT HAS TO BE, ACCORDING TO OUR CHARTER, IT HAS TO BE FOUR TO FOUR FOR THE MAYOR TO COUNT, CAST A VOTE, AND BREAK THAT TIE. IF IT ENDS UP FOUR TO THREE, HE CAN'T VOTE. AND THE LEGISLATION FAILS [00:10:03] IF SOMEONE'S ABSENT. SO THERE'S ALSO BEEN SOME RECENT HISTORY HERE IN THE CITY WHERE, UH, WHEN THERE'S, THERE WAS AN ANTICIPATED TIE VOTE THAT SOMEONE THOUGHT THERE WAS GOING TO BE A TIE, THEN, UH, ONE OR MORE COUNCIL MEMBERS WOULD NOT SHOW UP FOR THE MEETING TO PREVENT THE MAYOR FROM HAVING THE ABILITY TO BREAK THE TIE, WHICH GETS, THAT'S WHY. CORRECT. WHAT'S THE BACKSTORY? CORRECT. CORRECT. EVEN WALKED OUT OF ONE MEETING BEFORE WALKED OUT OF NEED, ONCE THEY, THEY WERE IN ALL, LOVE WAS BEING CALLED, THEY WERE IN EXECUTIVE SESSION AND REALIZED IT WAS GONNA BE A FOUR, FOUR TIE, AND ALL EIGHT COUNCIL MEMBERS WERE PRESENT AND ONE WALKED OUT BEFORE THEY CAME BACK UP TO VOTE. SO IT DIDN'T GO FOUR TO FOUR. SO ATTENDED THE EXECUTIVE SESSION, BUT WALKED OUT WHEN THEY WENT UP TO THE DIOCESE TO CAST THE VOTE. SO IT WOULD NOT GO FOUR TO FOUR. SO THAT'S PART OF THE REASON. WHAT DO YOU DO WHEN THIS HAPPENED? IT'S A FAIL. YEAH. ACCORDING TO OUR CHARTER. BUT THAT'S PART OF THE REASON TO GIVE THE MAYOR A VOTE, IS IT LIMITS THEIR ABILITY TO PLAY POLITICS. CORRECT. RIGHT. OH, OKAY. ESPECIALLY WITH HIM BEING COUNTED AS A PART OF QUORUM. AND SO HE, YOU KNOW, HE'S, HE CAN COUNT AS A PART OF THE MAJORITY, BUT CAN'T VOTE. THAT DOESN'T, IT DOESN'T MAKE SENSE. SO TO ME, AT LEAST, THAT'S WHY, LEMME JUST MAKE SURE I, MM-HMM, . SO YOUR QUORUM IS NOW GOING TO BE, IT'S STILL NOT, YOUR BODY IS NOT, YOUR QUORUM IS FIVE. IT SOUNDS LIKE THE PASSING IS FIVE MOST CASES A QUORUM IS FIVE TOO. IS IS NOW FIVE. SO YOUR QUORUM IS OF THE BODY, NOT OF THE MEMBERS PRESENT? CORRECT. OKAY. SO IF, IF ONLY FIVE PEOPLE SHOW, IT STILL TAKES FIVE VOTES TO PASS. OKAY. SO IF, YOU KNOW, IT WOULD HAVE TO BE A FIVE OH VOTE AT FIVE PEOPLE SHOW, WE HAVE TO HAVE FIVE MEMBERS PRESENT TO HAVE A QUORUM, AND THEN FIVE MEMBERS IN THE AFFIRMATIVE TO VOTE FOR ANY ITEM YOU PASSED. SO TO YOUR POINT EARLIER, UM, YOU KNOW WHAT HAPPENS IF YOU DON'T GET FIVE VOTES YES VOTES FOR ANY ITEM, THEN THE BUSINESS OF THE CITY CANNOT PROCEED ON THAT MATTER. UH, IT JUST STOPS THERE. AND ANY OTHER QUESTIONS OR COMMENTS ON THE MAYOR'S VETO? AND JUST SO YOU KNOW, THE MAYOR, THE VETO IS ON A FIVE THREE VOTE, SO MAJORITY OF COUNCIL CAN VOTE FOR IT, AND THE MAYOR CAN VETO IT. THIS WOULD TAKE THAT POWER AWAY BECAUSE WE'RE GIVING THEM A VOTE. IT WOULD TAKE THE VETO POWERWAY. BUT TO OVERRIDE THE VETO, OVERRIDE THE VETO TAKES A SUPER MAJORITY WOULD TAKE SIX. WOULD TAKE SIX. BUT NOW, BUT NOW THE VETO POWER WOULD GO AWAY. THING GOES AWAY. YEP. THOSE WERE APPROVED. YEP. OKAY. YEP. ANY OTHER QUESTIONS WITH THAT ONE? OKAY. UH, THE THIRD AMENDMENT, UH, PROPOSES THAT OUR CLERK OF COUNCIL CAN PROVIDE PUBLIC NOTICE OF ANY PROPOSED ADOPTION OR REIFICATION OF THE CITY BY POSTING IT TO THE CITY'S WEBSITE, AND AT LEAST THREE PUBLIC PLACES WITHIN THE CITY FOR AT LEAST 10 DAYS PRIOR TO ADOPTION. UM, THIS AMENDMENT WILL MODERNIZE OUR PROCESS OF NOTIFYING, CURRENTLY OUR CHARTER SAYS IN THE NEWSPAPER, WHICH DOESN'T REALLY EXIST ANYMORE. YOU KNOW, WHEN THE CHARTER WAS WRITTEN BACK IN 19 81, 82, WE ALL HAD NEWSPAPERS EVERY SINGLE DAY. NOW WE DON'T. SO THIS WILL MODERNIZE IT. UM, AND IT ACTUALLY, THIS IS SEVEN YEARS AGO, THERE WERE SEVERAL SECTIONS THAT WERE CHANGED TO THIS LANGUAGE, AND THIS ONE WAS JUST ACCIDENTALLY OMITTED. SO WE'RE HOPING TO JUST MODERNIZE HOW WE POST THINGS, UM, BY USING OUR DIGITAL CLIMATE THAT WE HAVE IN, IN THE WORLD TODAY. WELL, I THINK SEVEN YEARS AGO THE COURIER WAS STILL HERE, RIGHT? SO IT WASN'T OVER AN OVERSIGHT. IT WAS RIGHT. WELL, TO THIS SECTION, YEAH, IT WAS. YEAH. THE, UH, THE OTHER PIECE TO IT IS THE COST INVOLVED. UM, THERE'S A LARGE COST INVOLVED IN ADVERTISING IN A NEWSPAPER GENERAL CIRCULATION WHERE WE CAN PUT IT ON SOCIAL MEDIA, WEBSITE, POST IT IN PUBLIC PLACES, UH, IN HARD COPY, AND THAT COSTS NEXT TO NOTHING. SO, UM, THERE'S NOT A LOT OF PEOPLE WHEN WE POST IN THE NEWSPAPER, IT GOES IN THE LEGAL ADS SECTION. SO YOU'RE UNLIKELY AS THE AVERAGE PERSON TO BE LOOKING THROUGH THOSE ADS AND SEEING IT. SO WE THINK WE SAVE MONEY AND ALSO, UH, GET MORE REACH TO PEOPLE AND, AND FASTER. ANY OTHER QUESTIONS OR COMMENTS ON THE DIGITAL ASPECT OF THAT ONE? OKAY. OUR FOURTH AMENDMENT, UM, REGARDS THE RESIDENCY OF THE CITY MANAGER. AND IT IS TO REQUIRE THAT THE CITY MANAGER, THE RESIDENCY OF THE CITY MANAGER, BE DEPENDENT ON EXISTING OHIO STATE LAW AND AS NEGOTIATED BY COUNCIL. UM, BASICALLY RIGHT NOW OUR CHARTER DOES SAY THAT THE CITY [00:15:01] MANAGER HAS TO BE A RESIDENT OF HUB HEIGHTS, WHICH I THINK THAT'S WHAT WE ALL WANT, BUT STATE LAW PROHIBITS US FROM SAYING THAT. UM, SO WHAT WE'D LIKE TO DO IS ALIGN OUR CHARTER TO THE STATE LAW, UH, BUT GIVE THIS COUNCIL THE AUTHORITY TO NEGOTIATE THE RESIDENCY, UH, WITH THE CITY MANAGER. UM, SO, YOU KNOW, AGAIN, RIGHT NOW OUR CHARTER VIOLATES STATE LAW, AND THAT LAW HAS BEEN UPHELD BY THE SUPREME COURT HERE IN OHIO, UM, THAT YOU CANNOT MANDATE THAT A CITY MANAGER LIVE INSIDE YOUR CITY. UM, HOWEVER, LIKE I SAID, WE WANT TO CHANGE THIS TO SAY THAT WE'RE FOLLOWING STATE LAW, BUT AT THE SAME TIME GIVE THE COUNSEL THE AUTHORITY TO NEGOTIATE INTO THE CONTRACT THE RESIDENCE UNDER OUR HOME RULE. YEAH. JUST TO CLARIFY, UM, YOU STATE LAW DOES NOT ALLOW YOU TO HAVE THAT UNLESS IT'S PART OF A COLLECTIVE BARGAINING OR EMPLOYMENT AGREEMENT. SO WHAT THIS AMENDMENT DOES ALLOWS US TO, UH, NEGOTIATE RESIDENCY AS PART OF THEIR EMPLOYMENT CONTRACT THAT THEY LIVE HERE IN THE CITY LIMITS, WHICH I UNDERSTAND THAT BECAUSE IN THE CITY LIMITS OF DAYTON, THEIR CITY MANAGER CANNOT LIVE OUT OF THE CITY. SO, WELL THAT'S NEGOTIATED, BUT THAT'S NEGOTIATED BY THE CITY COMMISSION. MM-HMM. SO, ONCE AGAIN, DAYTON IS RESTRICTED FROM THAT AS WELL. DAYTON, UH, NEGOTIATES AS PART OF THEIR CITY MANAGER CONTRACTS. SO, AND WE WANT THAT. MM-HMM. , YOU KNOW, I, I, I DON'T WANT OUR COUNCIL TO NOT NEGOTIATE THAT IN. I WOULD LIKE OUR CITY MANAGER TO LIVE HERE, BUT I DO THINK THE CHARTER NEEDS TO FOLLOW THE STATE LAW AND THEN ALSO GIVE OUR COUNCIL THE AUTHORITY TO MAKE THAT NEGOTIATION. UM, AND AS IT'S NOT A REQUIRED RIGHT. BUT IT'S NOT , THE STATE LAW SAYS YOU CAN'T REQUIRE IT, BUT YOU CAN NEGOTIATE IT. WE WOULD LIKE TO MAKE SURE THAT WE CAN NEGOTIATE IT. AND, AND, BUT THERE'S ALSO TIMES WHEN YOU MIGHT HAVE A QUALITY CANDIDATE WHO HAS GOOD REASON NOT TO UPROOT THEIR FAMILY, RIGHT. CORRECT. ON THE MIC. SO YOU, YEAH. IF YOU HAVE SOMEBODY THAT LIVES IN RIVERSIDE OR ON THE OTHER SIDE OF KITTRIDGE, IT'S RIDICULOUS TO ASK THEM TO MOVE ACROSS THE STREET OR, YOU KNOW, INTO THE CITY. SO WE, IT JUST GIVES US THAT FLEXIBILITY. AND WHAT, WHAT JIM WAS SAYING IS YOU MAY HAVE A QUALITY CANDIDATE WHO JUST FOR FAMILY PURPOSES CANNOT MAKE THAT MOVE. UM, AND THAT GIVES US THAT FLEXIBILITY OF HAVING SOMEONE WHO MAYBE LIVES REALLY CLOSE, UH, THAT'S A GREAT CANDIDATE, WOULD FULFILL THE NEED, BUT AT THAT TIME FOR HIS FAMILY COULD NOT MAKE THE MOVE. UH, SO IT ALLOWS US TO WORK WITH HIM AS WELL, OR HER. AND TO BE CLEAR, THE CITY MANAGER IS AN EMPLOYEE OF THE CITY, UNLIKE WHAT SOME PEOPLE MAY THINK. HE'S NOT, HE'S NOT APPOINTED. HE'S, HE'S, HE IS, I MEAN, TECHNICALLY APPOINTED, BUT HE'S A HIRED EMPLOYEE OF THE CITY, NOT A, UH, SIGNS AN EMPLOYMENT CONTRACT. YEAH. HE SIGNS A CONTRACT WITH THE CITY AS YOU, RIGHT. NOT ELECTED. RIGHT. RIGHT. ANY MORE QUESTIONS OR COMMENTS ON CITY MANAGER? OKAY. AND THEN OUR FINAL, OUR FIFTH AND FINAL, UH, AMENDMENT, UM, IS TO ESTABLISH ATTENDANCE REQUIREMENTS, UM, PROPOSED THAT BOARD AND COMMISSION MEMBERS, AS WELL AS COUNCIL MEMBERS MAY BE REMOVED IF THEY HAVE THREE OR MORE UNEXCUSED ABSENCES. KEYWORD. THERE IS UNEXCUSED, UH, FROM MEETINGS. THIS AMENDMENT SETS CLEAR GROUNDS FOR REMOVAL BASED ON ATTENDANCE. UH, OUR CURRENT CHARTER SAYS REMOVAL AFTER THREE CONSECUTIVE UNEXCUSED ABSENCES, WHICH MEANS A PERSON COULD MISS TWO MEETINGS IN A ROW, UNEXCUSED ATTEND ONE, MISS TWO, MORE UNEXCUSED ATTEND ONE, AND THEREFORE ONLY ATTEND FOUR MEETINGS A YEAR. UM, AND EVEN LESS THAN THAT, IF THAT THIRD ONE IS AN EXCUSED ABSENCE BECAUSE IT HAD TO BE THREE CONSECUTIVE UNEXCUSED. SO THIS CHARTER AMENDMENT JUST DROPS THE WORD CONSECUTIVE, CHANGES IT TO THREE UNEXCUSED, AND IT ESTABLISHES THE ATTENDANCE REQUIREMENTS, UH, ENSURING THAT ALL MEMBERS ARE ACTIVELY PARTICIPATING IN THEIR DUTIES. UH, THIS AMENDMENT PROVIDES A CLEAR STANDARD FOR REMOVAL IN CASES OF REPEATED UNEXCUSED ABSENCES. AND, AND AGAIN, THE CHARTER DEALS WITH THE REMOVAL, WHICH DOES TAKE A SUPER MAJORITY TO REMOVE ANYONE FROM THEIR POSITION. UM, SO THIS AMENDMENT DOES NOT AUTOMATICALLY REMOVE ANYONE. IT JUST PROVIDES GROUNDS IF SOMEONE WANTED TO START THE REMOVAL PROCESS. UM, BUT IT'S NOT AN AUTOMATIC YOU'RE OUT. UM, AND JUST SO YOU ALSO KNOW, AN UNEXCUSED ABSENCE WOULD TAKE A MAJORITY VOTE OF COUNCIL OR THAT BOARD [00:20:01] TO DEEM THAT THE ABSENCE IS UNEXCUSED. UM, YOU KNOW, SICKNESS IS NOT GONNA BE UNEXCUSED. UM, A FAMILY VACATION IS NOT GONNA BE UNEXCUSED. UM, YOU KNOW, YOU THINK ABOUT THE THINGS THAT ARE IN AN OHIO REVISED CODE FOR, LIKE I'M AN EDUCATOR. UM, EVERYTHING THAT I'M ALLOWED TO MISS BECAUSE OF AN BECAUSE OF AN ABSENCE AND BE EXCUSED, COUNSEL WOULD HAVE THE SAME BLESSING. UM, IT'S JUST GONNA BE THAT UNEXCUSED ABSENCE THAT WE TALKED ABOUT EARLIER WHERE THEY'RE DODGING A VOTE, UM, AND THEY JUST MISS, THAT'S WHAT WE'RE LOOKING TO TRY TO PREVENT. SO WHAT I HEARD YOU SAY EARLIER, AND I GUESS I DON'T KNOW WHERE IN THE PROCESS YOUR EXECUTIVE SESSION HAPPENED HAD, WELL, YOU HAD TO RECESS INTO EXECUTIVE SESSION. MM-HMM. . SO THE PERSON YOU HAD ALREADY CALLED YOUR ROLE MM-HMM. , THEY WERE PRESENT. SO WHEN THEY LEAVE, SAY IN THE MIDDLE OF YOUR MEETING LIKE THAT, IS THAT CONSIDERED AN ABSENCE IF YOU DON'T COMPLETE THE MEETING? OR DO YOU KNOW, HAVE YOU ALL TALKED ABOUT DEFER? YEAH, OUR ATTORNEYS HAVE SAID THAT WAS AN ABSENCE IN THIS PARTICULAR CASE, IT WAS VERY UNIQUE, UH, WHEN THEY LEFT THE, THE DAAS IN THE MIDDLE OF A VOTE. UM, THERE ACTUALLY WAS SOME CASE LAW THAT WENT BACK TO THE 18 HUNDREDS THAT WAS LOCATED, THAT SAID THAT IN THIS VERY SPECIAL CIRCUMSTANCE, THE FACT THAT THE, THE PERSON, UM, LEFT THE DIA BUT REMAINED IN THE BUILDING, UM, AND DIDN'T COME BACK UNTIL AFTER THE VOTE WAS COMPLETED ON THAT ITEM, THAT THEIR ABSENCE CONSTITUTED AN AFFIRMATIVE VOTE. AND SO THE ITEM, UH, WAS PASSED EVEN THOUGH THEY DID THAT. NOW THAT THAT SAME CASE LAW DOES NOT APPLY TO SITUATIONS WHERE PEOPLE JUST MISSED THE ENTIRE MEETING. BUT IN THAT VERY SPECIFIC SET OF CIRCUMSTANCES, THERE WAS CASE LAW THAT HAD SET A STANDARD THAT SAID THAT THAT COULD BE COUNTED AS AN AFFIRMATIVE VOTE. AND THAT'S WHAT HAPPENED IN THAT PARTICULAR CASE ON THE UNEXCUSED ABSENCES. IS THERE A TIMELINE TO FIND ANYWHERE? THERE'S NOT IN THIS LANGUAGE THAT OUR, UH, LAW DIRECTOR INDICATED THAT THAT WOULD, UH, THE LEGAL INTERPRETATION WOULD BE PER TERM. AND, AND, YOU KNOW, I DON'T, HE KNOWS THE HISTORY MORE THAN I DO, BUT I, I, I BELIEVE IN THE HISTORY OF THE 40 YEARS PLUS OF HUBER HEIGHTS, THERE HAVE BEEN VERY, VERY FEW UNEXCUSED ABSENCES. SO AN UNEXCUSED ABSENCE AS IS, IS RARE. UM, BUT IF YOU ARE AN ELECTED OFFICIAL, IT'S YOUR DUTY TO SHOW IF, IF AT ALL POSSIBLE. SO THE THREE CONSECUTIVE UNEXCUSED ABSENCES JUST SEEMED A LITTLE RIDICULOUS. UM, COURT REALISTIC. THIS WILL BE ENFORCEABLE WARRANT COMMISSIONS, CORRECT? CORRECT. SO YOU DON'T JUST REMOVE VOLUNTEERS. RIGHT, RIGHT. AND IT IS ONLY, CORRECT ME IF I'M WRONG, IT'S ONLY COUNCIL MEETINGS, SO IT'S NOT WORK SESSIONS. UH, THAT IS CORRECT. YEAH. COUNCIL WORK SESSIONS DO NOT COUNT FOR THE ATTENDANCE REPORT. SO YOU'RE TALKING THE COUNCIL MEETS ONCE A MONTH IN A MEETING, UNLESS THERE'S A SPECIAL MEETING CALLED TWICE A TWICE A MONTH. SO, AND THE COUNCIL MEETINGS ARE WHEN WE VOTE ON LEGISLATION AND THEY SHOULD BE THERE TO VOTE FOR LEGISLATION. THAT'S WHAT THEY'RE BEING PAID FOR. THEY DON'T SHOW UP. THEY DON'T SHOW UP. AND, UH, AND IN THE PAST, THE UNEXCUSED ABSENCES WERE REALLY, BECAUSE FOR THAT REASON, BECAUSE THEY WERE PLAYING GAMES, THEY KNEW A VOTE WOULD GO TO FOUR FOUR AND THEY DIDN'T WANT IT TO GO FOUR FOUR, WHERE THE MAYOR COULD BREAK THE TIME BECAUSE THE MAYOR WAS ON THE OTHER SIDE OF THE FOUR WHO DIDN'T WANT TO HAVE IT. DO THEY GET PAID FOR IT? UNEXCUSED? YEAH. MM-HMM. UNEXCUSED. MM-HMM. . AND WE LOOKED, WE LOOKED AT THAT, THAT WAS PART OF OUR DISCUSSIONS IN, IN OUR CHARTER REVIEW, WAS HOW CAN WE LIMIT THEIR PAY? AND IT JUST BECAME HARDER TO DO WITHIN THE CHARTER. SO WE FELT THIS WAS THE BEST WAY, YOU KNOW, PROVIDE THE MAYOR WITH A VOTE OPPORTUNITY, PUT IN ATTENDANCE REQUIREMENTS. WE FELT THAT WAS THE BEST WAY TO ADDRESS THE ISSUES THAT WE WERE SEEING. AND THEY DON'T GET PAID ANYTHING LIKE PAYING COMMISSIONERS. CORRECT. THEY THINK THEY DON'T GET IT. JUST MINIMAL COUNCIL, COUNCIL MEMBERS ARE PAID $675 A MONTH AND, AND THE MAYOR RECEIVES A THOUSAND DOLLARS A MONTH PRETEXT JUST ENOUGH TO EARN A RETIREMENT CREDIT. CORRECT. JUST ENOUGH TO EARN A RETIREMENT CREDIT FOR THE YEAR. AND I THINK TO JIM'S POINT, UH, REALLY, UH, A LOT OF THE ATTENDANCE [00:25:01] ISSUES THAT WE'VE HAD HAVE DEALT WITH BOARDS AND COMMISSIONS. WE'VE HAD SOME PEOPLE WHO VOLUNTEER TO SERVE ON THE BOARD AND COMMISSION, AND THEN WE NEVER SEE 'EM AGAIN. AND, UM, SO THERE'S A, UH, THIS WOULD GIVE A, A MEANS FOR ADDRESSING THOSE ISSUES TO ENSURE THAT WE HAVE VOLUNTEERS WHO ARE REALLY HERE TO VOLUNTEER AND PARTICIPATE IN THE PROCESS. SO THOSE ARE THE FIVE AMENDMENTS. UM, ARE THERE ANY OTHER QUESTIONS, COMMENTS, CONCERNS? YOU KNOW, CERTAINLY WE DO WANT TO ENCOURAGE EVERYONE IN THE CITY TO GET OUT AND EXPRESS THEIR RIGHT TO VOTE. UM, EVERYONE, WE, WE HOPE YOU GO OUT AND THERE'S A LOT OF IMPORTANT ELECTION ITEMS THIS NOVEMBER FROM THE PRESIDENTIAL ELECTION ALL THE WAY DOWN TO LOCAL CHARTER AMENDMENTS. UM, SO WE CERTAINLY HOPE THAT YOU EXERCISE YOUR RIGHT TO VOTE, WHETHER IT'S EARLY VOTING PRIOR TO, UH, NEXT TUESDAY, OR WHETHER YOU ARE TRAVELING TO YOUR ELECTION PLACE TO CAST YOUR VOTE. WE JUST, WE WANT YOU TO HAVE YOUR VOICE HEARD. SO, UH, THE CITY DOES HAVE A, UH, WEBPAGE ON THE CITY WEBSITE@WWW.HHHOH.ORG, UH, THAT IS DEDICATED SOLELY TO THE CITY CHARTER AMENDMENTS. SO, UH, YOU CAN FIND THIS BY GOING TO THE FRONT PAGE OF THE WEBSITE AND GOING TO THE COMMUNITY TAB AND DROPPING DOWN TO THE CITY CHARTER AMENDMENT INFORMATION PAGE. UM, ON THIS PAGE, UM, IS A SHORT VIDEO, WHICH WE'LL SHOW HERE IN A SECOND. UM, SOME INFORMATION ABOUT THE CHARTER AMENDMENTS AND A WHOLE LIST OF RESOURCES AND LINKS THAT INCLUDE, UH, SAMPLE BALLOTS. UM, IF YOU WANNA LOOK AT THE SPECIFIC CHARTER LANGUAGE THAT WILL BE CHANGED IN A RED LINE VERSION, UM, IT'S AVAILABLE HERE, UM, AS WELL AS SOME, UH, Q AND A, UH, RESPONSES AND ANSWERS, UH, THAT MATT'S KIND OF GONE OVER HERE VERY THOROUGHLY HERE TODAY. SO, UH, ALL, ALL OF THOSE ARE AVAILABLE ON THE CITY'S WEBSITE. AND IT'S, UH, NOT PRO OR CON INFORMATION, IT'S JUST MEANT TO BE NEUTRAL, UH, INFORMATION FOR PEOPLE SEEKING SOME ADDITIONAL INFORMATION. WE'D ALSO ENCOURAGE ANYBODY WHO HAS ANY QUESTIONS TO REACH OUT TO ONE OF THE MEMBERS OF THE CHARTER REVIEW COMMISSION OR TO CONTACT CITY HALL AT 9 3 7 2 3 3 14 23, AND ASK TO SPEAK TO SOMEBODY ABOUT THESE CITY CHARTER AMENDMENTS. WE'D BE HAPPY TO TALK TO YOU AS WELL. SO WITH THAT, WE'RE JUST GONNA SHOW YOU A SHORT, I CAN FIND MY MOUSE HERE. SHORT TWO MINUTE VIDEO ABOUT THE CHARTER AMENDMENTS. YOUR LOCAL CHARTER IS REQUIRED TO BE REVIEWED AT MINIMUM EVERY 10 YEARS, MAKING IT OPEN TO AMENDMENTS. NOVEMBER FIFTH'S BALLOT FEATURES FIVE ISSUES ALL INTENDED TO ENSURE THAT YOUR LOCAL GOVERNMENT, THE GOVERNMENT, STAYS CURRENT, RESPONSIVE AND ACCOUNTABLE TO THE NEEDS OF THE COMMUNITY. THIS YEAR, THERE ARE FIVE PROPOSED AMENDMENTS ON THE BALLOT. EACH ONE OFFERS VOTERS LIKE YOU THE CHANCE TO REMAIN INFORMED AND EMPOWERED WITHIN YOUR LOCAL GOVERNMENT. ISSUE NINE CHANGES THE MAYOR'S ROLE. INSTEAD OF THE MAYOR HAVING VETO POWER AND ABSTAINING FROM REGULAR VOTES, THEY WILL NOW PARTICIPATE IN EVERY VOTE, JUST LIKE THE OTHER COUNCIL MEMBERS. THIS STRENGTHENS THE ACCOUNTABILITY OF THE MAYOR'S OFFICE BY REMOVING THE VETO POWER AND INCORPORATING THE MAYOR INTO ALL DECISIONS. ISSUE 10 STATES THAT NO COUNCIL MEMBER MAY RUN FOR A NEW SEAT WHILE HOLDING THEIR CURRENT ONE UNLESS THEY ARE IN THE FINAL YEAR OF THEIR TERM. THIS IS DESIGNED TO ENSURE THAT YOUR ELECTED OFFICIALS REMAIN COMMITTED TO THE POSITION YOU VOTED THEM INTO. ISSUE 11 INTRODUCES A RULE THAT ANY COUNCIL MEMBER WHO HAS THREE UNEXCUSED ABSENCES FROM COUNCIL MEETINGS COULD BE REMOVED FROM THEIR SEAT. THIS FOSTERS ACCOUNTABILITY AND REINFORCES THE IMPORTANCE OF PARTICIPATION IN GOVERNMENT DUTIES. ISSUE 12 AIMS TO MODERNIZE HOW YOUR LOCAL GOVERNMENT COMMUNICATES WITH YOU BY UPDATING INFORMATION SHARING METHODS, THE GOAL IS TO PROVIDE YOU WITH QUICKER AND MORE RELIABLE ACCESS TO IMPORTANT COMMUNITY UPDATES. LASTLY, ISSUE 13 REMOVES THE RESIDENCY REQUIREMENT FOR THE CITY MANAGER POSITION. THIS ALIGNS THE CITY'S POLICY WITH STATE LAW, ALLOWING HUBER HEIGHTS TO STAY UP TO DATE AND COMPETITIVE IN HIRING PRACTICES WHILE STILL MAINTAINING A PROFESSIONAL AND QUALIFIED LEADERSHIP TEAM. BY VOTING ON THESE AMENDMENTS, YOU'RE HELPING SHAPE THE FUTURE OF YOUR LOCAL GOVERNMENT AND ENSURING IT SERVES YOU MORE EFFECTIVELY. [00:30:03] OKAY. UH, ONE OTHER POINT OF CLARIFICATION I'D LIKE TO MAKE, UH, A LOT OF THE INFORMATION THAT IS HERE REFERENCES ISSUE NUMBERS, UH, NINE THROUGH 13. UM, MOST OF YOU ARE PROBABLY AWARE THAT HUBER HEIGHTS OVERLAPS TWO COUNTIES, BOTH MIAMI COUNTY AND MONTGOMERY COUNTY. UH, MONTGOMERY COUNTY ON THE BALLOT ISSUE, UH, PLACES ISSUE NUMBERS TO EACH ITEM. SO THEY HAVE ISSUES NINE THROUGH 13 IN MIAMI COUNTY. THEY DO NOT PUT OUT ISSUE NUMBERS, SO THE ITEMS ARE JUST LISTED ON THE BALLOT WITHOUT A NUMBER ATTACHED TO THEM. SO, UH, YOU'LL SEE THESE NUMBERS ASSOCIATED AGAIN WITH THE MONTGOMERY COUNTY ITEMS, UH, AND THE AMENDMENTS, BUT THEY WILL NOT APPEAR THAT WAY ON THE MIAMI COUNTY BALLOT. BUT IF YOU WANT TO LOOK AT THE SAMPLE BALLOTS FOR BOTH COUNTIES, UH, THOSE SAMPLE BALLOTS ARE ON THE CHARTER AMENDMENT PAGE THAT I JUST SHOWED YOU AS WELL ON THE WEBSITE. SO DO WE HAVE ANY OTHER QUESTIONS BEFORE WE CONCLUDE? WELL THEN, UH, I'D LIKE TO THANK EVERYBODY WHO TOOK THE TIME, BOTH THOSE PHYSICALLY PRESENT, AS WELL AS THE PEOPLE WATCHING ONLINE, UH, FOR JOINING US FOR THIS INFORMATIONAL SESSION TONIGHT. AND HAVE A GREAT EVENING. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.