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 | Does Changing the form of government interfere with our right to ‘Home
Rule’? |
Absolutely not. Being able to decide how our government is structured and how
it functions is exactly why the right to home rule exists.
'Home Rule' means we reserve the right to create laws that allow us to
tailor how our government works in Brunswick even if they are in opposition to
Ohio Law as long as the changes affect only Brunswick. For example, Home Rule
does not allow us to change the speed limits on I-71 within Brunswick. It does
allow us to determine the methods and qualifications of our employees to meet
our local needs and budget.
| Will we still be a Charter municipality? |
Yes, changing to a Mayor form of government does not affect the fact that we
have a Charter, it is an amendment to the current Charter. Having a Charter is
what allows us to have the right of Home Rule.
| Does changing the Charter to a different form of government constitute a
new Charter?
No, although many changes may be required to accomplish a change in form of
government, it is still the same Charter and the changes are amendments
to the original because there was a previous Charter, and parts of that
Charter remain. (See "Reutner v. City of Cleveland et
al.")
|
| How is a Charter amended? Who may propose an amendment?
A Charter can only be amended by a vote of the people.
A proposed amendment is placed on the ballot by one of two means: By a
vote of 2/3 of the members of the legislative authority or upon petition of
ten percent of the electors. (See: Ohio
Constitution Article XVIII, sections 8 & 9, and Brunswick City Charter
section 11:05)
Actually, the petition circulated by the electors must be presented to the
"legislative authority" who must "forthwith" submit the
proposed amendment to the voters. In Brunswick, the Charter dictates that
the petition be filed with the Finance Director. Upon verification of the
signatures on the petition, Council would then pass an ordinance to place
the issue on the ballot of the next general election or a special election
depending on when the petition is submitted.
Although the Brunswick City Charter provides for a Charter Review
Committee to meet every five years, Charter amendments may be proposed at
any time by either of the methods previously explained. |
| Changing the form of government requires many individual changes to the
Charter, how will this be proposed on a ballot?
The Ohio Constitution, section 8 & 9 of article XVII, covers how
amendments to a Charter are to be made. A municipality is required to mail
the full text of proposed amendments to each elector or to publish the full
text in a newspaper. However, neither section requires that the full text of
the proposed amendments be printed on the ballot. A summary that fairly
represents the meaning and substance of the proposed amendment may be placed
on the ballot. (See "Reutner v. City of Cleveland et
al.")
Although the change from a City Manager form of government to a Mayor
government requires many individual changes to the Charter, the issue may be
submitted to the voters as a single issue. The previously mentioned sections
of the Ohio Constitution neither require that amendments be submitted
separately, nor forbids amendments being submitted as a group. (See
"Reutner v. City of Cleveland et al.")
Municipalities have been given all powers of local self-government and
this includes the method of holding elections. The Brunswick City Charter
also grants Council the power to determine the manner of submission of any
proposed Charter amendments. (See Brunswick Charter section
11.05) |
Submitting each individual amendment to the voters separately could result
in some passing and others not, and the resulting Charter simply would not
work.
| What is a "Strong Mayor Form" and why is it being proposed?
The Ohio Municipal League defines a "Strong Mayor" form of
government as follows: |
"The use of the word "strong mayor" depicts the power
situation of the mayor’s position and not the personal traits of the
individual holding the position. The mayor is usually elected and usually
appoints department heads and members of boards and commissions without the
council conferring on the appointments. Another usual attribute of a strong
mayor form of government is the fact that the mayor is granted veto power. But
the most attractive feature of the strong mayor form lies in the fact that
with only a few elected officials, (the mayor and council) responsibility for
the municipality’s operations is pinpointed to a small number of
individuals."
By contrast, a "Weak Mayor or Split Executive Plan" is defined
as follows:
"Under a weak mayor form of government the mayor is elected, however,
so are other executive officers, such as the law director, auditor and
treasurer. Often under the weak mayor form the mayor’s appointments to
boards and commissions must be confirmed by the council, or the appointments
may be made by the council in the first instance. The mayor is not given the
veto power in a weak mayor form. Proponents argue that by having several
separately elected administrative officials, a system of checks and balances
is maintained and that an undue concentration of power is avoided."
The strong mayor form is being proposed because it closely matches our
current city manager form, the main difference being that the mayor is
elected by the people and the city manager is chosen by council. As you can
see by looking at the proposed Charter amendments, what is being proposed is
actually a variation on the strong mayor form as defined by OML. Council
must confirm the mayor’s appointments to boards, commissions, and
department head positions. It was felt that requiring Council to confirm
these appointments would prevent the Mayor from having an undue amount of
power.
| Do other charter cities have a mayor-council form of government?
Yes, the following information is from "Municipal Charters in Ohio an OML
Sourcebook 2000", published by the Ohio Municipal League. As you can see,
of Charter cities in Ohio, the majority have a Mayor-Council/Commission form of
government. |
|
Forms of Government in Cities and Villages with Charters
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| |
|
|
|
| Form of Government |
Cities
|
Villages
|
Cities and Villages
|
| Council/Commission-Manager |
64 (35%) |
13 (24%) |
77 (33%) |
| Mayor-Council/Commission |
95 (53%) |
28 (52%) |
123 (53% |
| Mayor-Council-Administrator/Manager |
21 (12%) |
13 (24%) |
34 (14%) |
| Total |
180
|
54
|
234
|
|
|
