In an opinion heavy media event, two villages in Clermont County voted to dissolve. Regardless of your opinion of the apathy of residents, poor bookkeeping methods of clerks, slow to act or expensive council votes, sincere concerns on the process that led up to the vote have yet to be appreciated. Within the county, district and state courts, residents of Newtonsville have been waiting for an answer: Were these petitions circulated and filed correctly? It’s not a difficult question. Just a sincere one.
Several times a determined Kevin Pringle questioned, how can a petition, not presented to council, be validated by a clerk? Citing ORC 703.20, Mr. Pringle questions the validity of the village clerk signing a receipt for the council when she is not a member of the legislative board. Ms. Hunt and Ms. Brown, citing ORC 731.32, question if the original circulation was done properly, which states that the petitioner should have presented the petition to the clerk BEFORE it was circulated.
The Clermont County Board of Elections voted against Mr. Pringle’s petition. The District Court also voted against, however, a dissenting judge recommended he file with the Supreme Court. So, it felt like the process was working.
However, it is very expensive process for a citizen. Why? Because dissolution is so rare, that lawyers need to do research. That takes time. So, Mr. Pringle decided not to continue due to lack of funds, asking the Ohio Supreme Court to dismiss. Truly, if this situation has caused the legal community to take pause, and charge high fees because of research, then, there is more at stake. The right of the people to question their government respectfully, and expect due diligence in return is also at the heart of this issue. With more of these cases possible in the near future, these questions are relevant.
Unfortunately, in Ms. Hunt’s and Ms. Browns’ case, the judge found their petition invalid, recommending legal counsel. Irony. So while the judge ruled that the petition was not done correctly, Ms. Hunt’s concern that the very same thing happened in Newtonsville, was not answered.
These issues have been circulating around for a month. Could no one involved in the courts take a hard look? Is there no obligation of the county government to insure the questions be answered? Do we really believe that there is a deadline to file too early? Although certification was November 25, 2019, The State Auditor, The County Prosecutor, Township Trustee and Village Mayor met on Nov. 15, 2019 to start the dissolution process. No one said “Let’s wait until Nov. 25, 2019”.
If a legal community, with all the privileges and duties of that title, is to be dissolved, then we all should require every step done with due diligence. Every “I” dotted, every “t“ crossed. Definitely more effort than certifying the registered voters on the petition. Not ensuring that the petition was procured with all the legal requirements demonstrates a lack of respect for not only the law as written, but for the residents. No number of ego-boosting rallies on Facebook eliminates our obligation to require the law be upheld.
It has often been said, “You can’t fight City Hall.” The dissolution of Newtonsville has shown that the executive and judicial branches of our local government have left gaping holes in the protections of our county, township, and village residents. The lesson learned: You better have the funds, or a GoFundMe account, if you want to ensure the process be legitimate.
Hinners is a Wayne Township trustee.