Newark Charter Review Commission Minutes for 5/15/17

May 15, 2017

Charter Commission Meeting called to order at 5pm.

Members present: Daniel Crawford, Jill Goddard, Chase Ghiloni, Harry Yocum, Rhonda Loomis

DISCUSSION POINTS

· 13.01 Partisan vs non-partisan elections – reviewed with Mr. Yocum, discussion regarding timing, repeated attempts at Charter Review time and need to have a full study group as defined in the Charter to allow sufficient research potentially for the next Charter Review Commission

· 9.01 Cabinet members appointed by the Mayor not required to live in the City of Newark in order to serve. (ORC 735.01) – reviewed with Mr. Yocum, discussion on the reasoning behind the request from Mayor Hall. Discussion included that council can waive requirement as has been done in the past. Bringing new perspective and experience from other areas to Newark is seen as beneficial as well.

· Section 4.15 A & B Publication of Ordinances & Resolutions in the newspaper. Clerk making and retaining a certificate as to times and places legislation published as required in subsection A. – reviewed with Mr. Yocum, discussion including the Law Directors input from the May 1st meeting stating if anyone felt they were not informed the city has done business the same way for years, thereby covering the entity legally. Also suggested to use this time to find a place highlighted on the website to begin the process of advertising and / or posting ordinance and resolution passed by council to ensure that process works before changing it from newsprint.

· Section 4.12 Zoning Ordinances Section A – remove the language that states the Planning Commission can’t conduct a public hearing earlier than 15 days after Council has referred as application establishing, amending, revising, changing or repealing zoning classifications, districts, uses or regulations to the commission. – reviewed with Mr. Yocum, discussion to include council clerk stating Mr. Morehead, city engineer ok with charter change to match the policy that has been followed in the past. This change would bring both policy and charter in line with dates.

· Article XI ~ appointments of various boards and commissions – reviewed with Mr.Yocum, discussion regarding allowing the city’s Rules committee to address this with all members of council versus making it a Charter change as there are three types of appointments: council, mayor and city

· Article XIV ~ Initiatives, specifically the subject of council taking up “some” initiatives” on behalf of citizen request

Per the Law Director: this is not permissible per constitutional provisions

· 4.14 ~ The Charter and council “shall” pass….without council having the ability to weigh in on the changes going to the voters in November, discussion with Mr. Yocum about the thought process behind adding this to potential changes if any go forward. Currently council SHALL pass charter changes to BOE. After discussion, determined commission is comfortable with process as stands due to the fact voters ultimately to pass or not pass.

Public Comments:

Victoria [Kahn] ~ interested in the Charter Review process. Concerned that the commission was going to remove the ability for citizens to place an initiative on the ballot. Discussion on the marijuana initiative passed by citizens and the city ultimately following state law concerning fines, etc. Director Sassen explained why the city by law has to follow state law.

Greg Ketter ~ questioned the change in the 2012 Charter regarding the HR Director’s status from “appointed” to “classified”. The Law Director clarified this position change to include discussion about “at will”, “at the pleasure of the Mayor” and vacation, sick leave accruals. Three type of employees: Collective bargaining, written employee policy, salary. Salary for example do not accrue SL or VL rather utilize PTO. HR director does not accrue SL or VL and as such will not be paid out such upon leaving employment with the city. Also must follow direction of the Mayor or face termination, at will. The only change was this position is it is no longer an appointment of the cabinet of the mayor to provide “institutional knowledge” upon transition of political changes.

Mike Mangus ~ stated he is chair of Rules Committee and would like to work with Jeremy Blake and the Law Director on the appointments of various boards and commissions.

Next meeting is May 22, 2017 at 5pm Council Chambers ~ the Commission will need at this meeting to decide whether the Charter Commission puts forth any changes, or what changes so that the Law Director can draft council’s legislation and insert correct language needed for changes. Should this Commission not be able to conclude by this date, the option to schedule another meeting is on the table. The goal is to vote this date should all members be ready to do so.

Any potential changes must be to the Law Director by June 7, 2017.

Meeting adjourned at 6:15 pm