By Pauline Masson –
The Board of Aldermen faces reorganization prior to the April election.
Ward Three Alderman Andy Nemeth, who serves as acting president of the board, resigned his position effective immediately – saying the Jan. 3 meeting would be his final meeting as alderman.
Nemeth filed then quickly withdrew his name from the race to regain his seat in the upcoming election, leaving the ward three seat to Collector Debbie Kelley, after the April 4 municipal election, where she will be unopposed on the ballot. The resignation leaves a five-member board of aldermen.
Mayor Heather Filley said the remaining aldermen would be asked to elect a new acting president of the board at the next board meeting. City ordinance stipulates that when a vacancy on the board of aldermen occurs, the mayor “shall cause a special meeting” to fill the vacancy, in this case the acting president of the board.
Comments by City Attorney Bob Jones later in the meeting would seem to dictate that the Mayor must also appoint someone to fill Nemeth’s empty seat for the five meetings leading up to the April 4 election.
Jones said it is necessary that there be six aldermen, to assure the possibility of a tie vote. City codes do not appear to address this, but state stipulates that in fourth class cities each ward “must” have two aldermen.
The city attorney’s comment was made when Alderman James Cleeve asked for clarification on how board procedures and policies can be changed.
Cleeve who has been a member of the board for ten months said he was still learning and wanted to do things right. He was looking for guidance on how to introduce proposed changes on four separate issues that have concerned him.
First, he wanted to know how to craft an ordinance that would assure that no one had two votes on proposed ordinances, resolutions and other city business.
That is what happened when Mayor Steve Myers resigned to take a position with the city and Ward Two Aldlerman Herb Adams, acting president of the board assumed the role of acting mayor. At that time Jones said Adams would contine to occupy his ward two seat along with the position of mayor.
On one occasion Adams cast two votes on one issue – his vote as an aldlerman and the mayor’s tie breaker vote to pass the measure.
“I think this must have been legal, but it should never happen again,” Cleeve said.
Cleeve wanted to know how to word an ordinance that would prevent an individual from holding two seats in city government in the future and casting two votes.
Jones said the measure was dictated by state statute and there was nothing the board of aldermen could do to change it.
“That is a creature of state law governing fourth class cities,” Jones said.
But after a question from Alderman Scott Lesh, Jones offered one alternative to the two vote issue
He said if the mayor’s seat was vacated, the acting president of the board, who served as acting mayor in the mayor’s absence, could resign his seat on the board of aldermen. For him or her to become permanent mayor the remaining aldermen could appoint him mayor. He could in turn could appoint someone to fill his unexpired term on the board aldermen.
“The Board has the power to appoint someone to fill the open position of mayor.” Jones said.
Cleeve said he did not intend his query as a cricitism of any individuals or against the previous circumstances on the board but he wanted to assure that in the future no individual had two votes on city business.
In a telephone interview, Adams said he had been aware that he had the option to resign his ward two seat. He was willing to serve as acting mayor, but he wanted to retain the seat where he had been elected by the voters.
Other issues that Cleeve said he would like clarified included an official procedure to make sure that commitments to the city in contracts between the city and other businesses, organizations or individuals were met; clarification of how and when ward boundaries – redistricting – were established to assure equal population in each ward; and he said he continued to seek a way to assure that citizens are allowed speak at all public city meetings.
A lengthy discussion that ensued on the right of citizens to speak included the length of meetings, length of individual comments and number of speakers allowed. In the end, Ward Two Alderman Jerry Eversmeyer, who chairs the Operations Committee, stood his ground saying there would be no public participation at his committee meetings when it meets this Friday.
Of course Jerry Eversmeyer said no one was speaking at his committee meeting Friday. He does not want to know what the citizens think and doesn’t even try to hide it.
He needs to go this election.
In the long run, it most likely doesn’t much matter if citizens are aloud to speak at committee or Board meetings. Time after time the Board has ignored the wishes expressed by citizens and voted as the puppet strings dictated, or to fulfill the demands of a ‘deal made in the dark’.
Well done by Alderman Cleeve, good to see he’s quickly developing into an assertive Alderman with the citizens and the law first and foremost.
You citizens said it was time for change and you ousted Adams, For What! You have elected clowns who speak like Adolf Hitler, a police Chief who acts as a KGB agent, and another elected clown who thinks another elected official has no right to access city records. You call this change. I call it “ reprehensible government”. Maybe Pacific should consider a vote to dissolve itself as a City and let Franklin County take over local government. Can’t be worse than what you have now.!