SEP [l7 CLERK OF COURT SUPREME COURT OF OHIO IN THE SUPREME COURT OF OHIO CASE NO EXPEDITED ELECTION CASE

Transcription

1 IN THE SUPREME COURT OF OHIO State of Ohio City of, ex rel. Committee for the Charter Amendment for an Elected Law Director Lucian A. Dade, Chairperson, et al Relators CASE NO ORIGINAL ACTION IN MANDAMUS EXPEDITED ELECTION CASE V. City of et al Respondents RELATORS' EVIDENCE VOLUME I (AFFIDAVITS) Gerald W. Phillips ( ) Phillips & Co., L.P.A. P.O. Box Windward Way Avon Lake, Ohio (440) Fax No. (440) gwphi1150@yahoo.com Attorney for Relators SEP [l7 CLERK OF COURT SUPREME COURT OF OHIO Stephen M. O'Bryan ( ) Counsel of Record Patrick J. Krebs ( ) Majeed G. Makhlouf ( ) Taft, Stettinius, & Hollister LLP 2000 Public Square Suite 3500 (216) Fax No. (216) sobryan@taftlaw.com pkrebsna,taftlaw.com nnnakhloufna,taftlaw.com Donald J. McTigue ( ) Mark A. McGinnis ( ) The McTigue Law Group 550 East Walnut St. Columbus, Ohio (614) Fax No. (614) mcti muelaw@rrohio.com Attorneys for Respondents

2 The Relators who hereby submit the attached Relators Evidence Volume I in the herein original action. Respectfully Submitted; Gerald W. Phillips ( ) Phillips & Co. L.P.A. P.O. Box 269 Avon Lake, Ohio (440) Attomey for Relators Proof of Service A copy of the Relators Evidence Volume I has been personally served upon Stephen M. O'Bryan, Taft, Stettinius, & Hollister LLP, Attorney for Respondent, 200 Public Square, Suite 3500, Cleveland, Ohio pursuant to Ohio Supreme Court Rule 1, 3 (A) this 24`h day of September Gerald W. Phillips ( ) Attorney for Relators

3 IN THE SUPREME COURT OF OHIO State of Ohio City of, ex rel. CASE NO Committee for the Charter Amendment for ) ORIGINAL ACTION IN an Elected Law Director ) MANDAMUS Lucian A. Dade, Chairperson, et al AFFIDAVIT IN SUPPORT OF Relators ) VERIFIED COMPLAINT IN MANDAMUS AND APPLICATION V. ) FOR PEREMPTORY WRIT OF MANDAMUS AND/OR City of et al ) ALTERNATIVE WRIT OF MANDAMUS Respondents (EXPEDITED ELECTION CASE) I, Gerald W. Phillips, being first duly sworn, based upon my own personal information and knowledge, depose and state as follows: 1. That I am Counsel for the Relators in the herein action; 2. That I have prepared, drafted, filed, reviewed and checked the Charter Amendment Petitions in the herein action; 3. That I have inspected public records and documents in the possession of the Respondents, and the Board of Elections pertaining to, related to, and associated with the Charter Amendment Petitions; 4. That I did attend the special city council meeting on September 6, 2007 held by the City of for the Charter Amendment Petitions;

4 5. That I am competent to testify as to all matters stated and contained in the Verified Complaint for Mandamus including the attached Exhibits A through 0 and this Affidavit; 6. That I have read and reviewed the Verified Complaint in Mandamus including attached Exhibits A through 0 and the facts contained therein, and based upon my own personal knowledge and information the facts statements and claims contained in the Verified Complaint for Mandamus are true and correct; 7. That I have read and reviewed the Verified Complaint in Mandamus including the attached Exhibits A through 0 and the facts contained therein, and based upon my own personal knowledge and information the Exhibits A through 0 are true accurate and correct copies of the originals; 8. That the Relator the Committee for the Charter Amendment for an Elected Law Director, is the duly authorized committee designated for the Charter Amendment Petitions (hereinafter referred to as the "Committee"); 9. That the Relator, the Committee, is composed of the following taxpayers, residents, and members: Relators, Lucian A. Dade, Chairperson, Karen Dade, and Eric Hansen; 10. That the Relator Lucian A. Dade is also commonly known in the residential and business community as Alex Dade; 11. That the Relator Eric Hansen also owns a personal residential dwelling at 600 Bradley Rd., Ohio 44140, in addition to his residence at 30401Ednil Dr.,, Ohio 44140;

5 12. That the Respondent Joan T. Kemper is the Clerk of Council for the City of (hereinafter referred to as "Clerk"); 13. That the Respondent City of is a charter municipality in the State of Ohio (hereinafter referred to as the "City"); 14. That the Respondent City of 's legislative authority or body is its City Council, composed of seven members, Brian C. Cruse its President, Paul A. Koomar, Donald L Zimmerman, Mark E. Barbour, James R. Scott, Scott A. Pohlkamp, and Michael A. Young (hereinafter referred to as "City Council"); 15. That on August 29, 2007 the Committee filed with the Clerk, forty six (46) Part Petitions containing 907 signatures for an amendment to the City Charter of the City of, Proposed Charter Amendment: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ("Charter Amendment Petitions") as one (I) instrument, a true and accurate copy of the receipt for the Charter Amendment Petitions is attached hereto and made a part hereof as Exhibit A; 16. That on August 29, 2007 the Committee by and through its Counsel filed with the Clerk a memorandum of law stating the number of signatures needed for the Charter Amendment Petitions, the constitutional duty to "forthwith" submit the Charter Amendment Petitions to the electorate at the November 6, 2007 General Election, that time was of the essence, and case law and authority to assist the Respondents in the performance of their constitutional duty with respect to the Charter Amendment Petitions to "forthwith" submit them to the electorate at the November 6, 2007 General Election, a

6 true and accurate copy of the memorandum of law is attached hereto and made a part hereof as Exhibit B; 17. That on August 29, 2007 the Respondent City Council by its President Brian C.. Cruse wrote a cover letter to the Cuyahoga County Board of Elections ("Board of Elections") which was delivered to the Board of Elections with the Charter Amendment Petitions on August 30, 2007, a true and accurate copy of the letter is attached hereto and made a part hereof as Exhibit C("Submission Letter"); 18. That on August 30, 2007 the Clerk delivered the Charter Amendment Petitions and the Submission Letter to the Board of Elections, a true and accurate copy of the receipt for these documents is attached hereto and made a part hereof as Exhibit D; 19. That on August 30, 2007 and August 31, 2007 the Board of Elections checked and verified the signatures on the Charter Amendment Petitions and determined that there' were 825 valid signatures of duly registered voters in the City of on the Charter Amendment Petitions and that 677 valid signatures were needed for the Charter Amendment Petitions, a true and accurate copy of the Board of Elections Signature Verification Statement is attached hereto and made a part hereof as Exhibit E; 20. That on August 31, 2007 the Board of Elections informed the Respondents that the Board of Elections had finished its verification of signatures on the Charter Amendment Petitions and that the Board of Elections Signature Verification Statement and Charter Amendment Petitions were available for pick up, and the Clerk did pick up the Board of Elections Signature Verification Statement and Charter Amendment Petitions on August 31, 2007 as is evidenced by Exhibit D;

7 21. That upon receipt of the Board of Elections Signature Verification Statement and Charter Amendment Petitions on August 31, 2007 the Respondent City Council by its President Brian C. Cruse contested the signature requirement of 677 and asked the Board of Elections to provide him with the number of registered voters in the City of, and the Board of Elections responded and provided the Respondent City Council President Brian C. Cruse with a response, and a true and accurate copy of the response is attached hereto and made a part hereof as Exhibit F; 22. That the Respondents in response to the Relators filing of the Charter Amendment Petitions and the signature verification by the Board of Elections scheduled a special council meeting for September 6, 2007 at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections, but they did not send or give the Relators Counsel any written notice of the special council meeting; 23. That the Respondents did not inform or notify the Relators that they were challenging and contesting the signature requirement for the Charter Amendment Petitions or their validity or sufficiency; 24. That the Relators after extensive research and investigation discovered that the Respondents were challenging and contesting the signature requirement for the Charter Amendment Petitions, and they immediately prepared and submitted a letter informing the Respondents of their clear error of law and demanding and requesting the performance of their mandatory duty enjoined by law to submit the Charter Amendment Petitions to the electorate at the November 6, 2007 General Election, a true and accurate

8 copy of their letter is attached hereto and made a part hereof as Exhibit G, ("Taxpayers Demand Letter"); 25. That the Relators provided the Clerk with copies of the Taxpayers Demand Letter for herself and for all members of Respondent City Council, and a true and accurate copy of the letter providing these copies is attached hereto and made a part hereof as Exhibit H; 26. That the Respondent City's Law Director Gary A. Ebert retained the services of outside counsel Stephen M. O'Bryan from the law firm of Taft, Stettinius & Hollister to respond and advise Respondent City Council with respect to the Charter Amendment Petitions and the Taxpayers Demand Letter; 27. That on September 6, 2007, the Respondent City Council held its special city council meeting at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections; 28. That the Respondents prepared an agenda for the special council meeting for September 6, 2007 which included a proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions which was distributed to the public and to the Relators for the first time at the special council meeting, a true and accurate copy of the agenda including the proposed ordinance is attached hereto and made a part hereof as Exhibit I; 29. That at the September 6, 2007 special city council meeting the outside counsel of the Respondents Stephen M. O'Bryan retained by the Respondent City's Law Director Gary A. Ebert rejected the Relators Taxpayers Demand Letter;

9 30. That at the September 6, 2007 special city council meeting, the proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions, Ordinance No was defeated by a vote of two (2) yeas, four (nays) and one (1) absent member after considering the advice consultation and opinions of the outside counsel of the Respondents Stephen O'Bryan retained by the Respondent City's Law Director Gary A. Ebert, a true and accurate copy of Ordinance No and the vote upon Ordinance No is attached hereto and made a part hereof as Exhibit J; 31. That the Respondent informed the Board of Elections of the vote on Ordinance No on September 7, 2007, a true and accurate copy of the transmittal and receipt is attached hereto and made a part hereof as Exhibit K; 32. That the Respondents determination of the number of valid signatures needed for the Charter Amendment Petitions 1,444 is based upon the City Charter, Section 13.5, a true and accurate copy of this section is attached hereto and made a part hereof as Exhibit L; 33. That pursuant to law the correct number of valid signature needed for the Charter Amendment Petitions is 677, 10% of the voters who voted in the last municipal election which would be November 8, 2005 (10% x 6,768), Ohio Constitution Article XVIII, 14, State ex rel Huebner v W. Jefferson Village Council (1996) 75 OS 3rd 381, 384; 34. That the Charter Amendment Petitions are valid and sufficient since they have 825 valid signatures on them;

10 35. That the Charter Amendment Petitions contain only one subject as evidenced by the title for the Charter Amendment Petitions: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter; 36. That pursuant to law any alterations corrections or additions to the Charter Amendment Petitions were made to them prior to the filing of the Charter Amendment Petitions with the Clerk; 37. That pursuant to law the Committee corrected a typographical error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Typographical Error") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A, a true and accurate copy of the Typographical Error is evidenced by a true and accurate copy of one of the part petitions, Part Petition No.1, Exhibit M; 38. That Pursuant to law the Committee made two (2) changes on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade, his commonly used name in the business and residential community, to his legal name Lucian A. Dade, and to change the address of Eric Hansen from his residence address of 600 Bradley Rd., Ohio to his present residence address of Ednil Dr., Ohio prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007

11 ("Committee Change") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A; 39. That the four (4) part petitions with the Committee Change contained 73 gross signatures, and 67 valid signatures, true and accurate copies of the four (4) part petitions, Part Petition No. 12, 13, 23, and 24, are attached hereto and made a part hereof as Exhibit N-1 thru N-4; 40. That the four (4) part petitions with the Committee Change, Exhibit N-1 thru N-4, had page numbers on them, all of the rest of the part petitions did not have page numbers on them, therefore the Respondent determined that there were not uniform; 41. That on August 29, 2007 pursuant to law the Committee filed with the Clerk the Charter Amendment Petitions as one (1) instrument, as evidenced by Exhibit A; 42. That the substantive content and form of the Charter Amendment Petitions were all uniform and identical as evidenced by Exhibit M and Exhibits N-1 thru N-4, when the Charter Amendment Petitions were filed with the Clerk on August 29, 2007 as evidenced by Exhibit A; 43. That there was no fraud or misrepresentation in the circulation of the Charter Amendment Petitions; 44. That there will be a nominal cost to the City of to submit the Charter Amendment Petitions to the electors at the November 6, 2007 General Election since elections will already be held in the City of. A cost of a special municipal election other than at the November 6, 2007 General Election will result in substantial additional cost and expense to the City of ;

12 45. That the last day to submit the Charter Amendment Petitions to the Board of Elections in order to be placed on the November 6, 2007 General Election is September 7, 2007; 46. That on August 29, 2007 I personally on behalf of the Committee filed with the Clerk, forty six (46) Part Petitions containing 907 signatures for an amendment to the City Charter of the City of, Proposed Charter Amendment: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ("Charter Amendment Petitions") each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, all forty-six (46) part petitions were bound together with one (1) large binder as one (1) instrument, as evidenced by Exhibit A attached to the Complaint; 47. That the circulators of the Charter Amendment Petitions received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") to be followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions prepared by me is attached hereto and made a part hereof as Exhibit P; 48. That there are four (4) wards and twenty-one (21) precincts in the City of and based upon current Cuyahoga County Board of Elections costs for personnel, equipment, supplies, and operating costs, the cost per precinct could

13 reasonably expect to be between $1,000 to $1,250 per precinct, totally $21,000 to $26,250 for the cost of special election; 49. That attached hereto are true and accurate copies of the receipts for the filing fee and the cash deposit for security for costs in the herein action pursuant to Ohio Supreme Court Rule XV, 2 which I personally received from the Clerk of Courts on September 10, 2007 prior to filing the herein action, marked as Exhibit U; 50. That attached hereto is a true and accurate copy of the written rejection of the Taxpayers Demand letter I received by on September 10, 2007 confirming the rejection made at the September 6, 2007 special council meeting which I became aware of after filing the herein action, marked as Exhibit GG; 51. That on or about May 13, 2007 the decision to go forward with the circulation of the Charter Amendment Petition was made by Lucian A. Dade, Karen Dade, and Eric Hansen in a meeting with me and a committee was formed composed of those three (3) individuals as members and with Lucian A. Dade as chairperson also known as the spokesperson; 52. That attached hereto and made a part hereof are true and accurate copies of the current provisions of the City Charter for Section 4.2, Section 4.3 and Section 11.2, marked as Exhibit V; 53. That the Relator Committee by unanimous consent made a decision to correct an error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions. This correction was made by the Relator Committee after the electors signed the Charter Amendment Petitions. The Relator Committee

14 directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 54. That the Relator Committee by unanimous consent made a decision to correct two (2) items on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade to Lucian A. Dade, and to change the address of Eric Hansen from 600 Bradley Rd., Ohio to Ednil Dr., Ohio This correction was made by the Relator Committee after the electors signed Part Petition No. 12, 13, 23, and 24. The Relator Conunittee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 55. That Part-petition No. 20 was corrected to add the following two (2) lines at the end of page one (1) of Part Petition No. 20, "and shall continue to be duly admitted to the practice of law in this State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her". This decision by unanimous consent of the Committee to make this correction was made by the Relator Committee after the electors signed Part Petition No. 20. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 56. That Lucian A. Dade resides at 584 Bradley Rd., Ohio 44140, Karen Dade resides at 584 Bradley Rd., Ohio 44140, and Eric Hansen

15 presently resides at Ednil Rd., Ohio and that Lucian A. Dade, Karen Dade, and Eric Hansen are taxpayers, electors, residents and citizens in the City of, Ohio; 57. That Lucian A. Dade, his legal name, is also well known as Alex Dade by the City of public officials, the news media, city wide, in his residential neighborhood, in the business community, and among community groups and organizations, a true and accurate copy of his business card is attached hereto as Exhibit W; 58. That the petition form for the Charter Amendment Petition was prepared by me and transmitted both electronically and physically to Lucian A. Dade chairperson for the Committee on or about May 23, 2007; 59. That attached hereto and made a part hereof is a true and accurate copy of the Cuyahoga Board of Elections analysis, petition by petition of the signatures on the Charter Amendment Petition arriving at its total of 825 valid signatures with a comparison of the Board of Elections Petition No. as compared to the Committee's Petition No., Exhibit AA; 60. That attached hereto is a true copy of the council meeting minutes for the special council meeting held on September 6, 2007 which I attended, Exhibit BB; 61. That a majority of City Council members for the City of including Council President Brian C. Cruse, opposed the Charter Amendment Petition as is evidenced by their opposition to adding a provision in the non-partisan primary election charter amendment to provide for the office of an elected law director, which was indicated by the passage of the non-partisan election charter amendment without

16 such a provision, a true and accurate copy of the ordinance placing the non-partisan primary election charter amendment on the ballot, Exhibit II is attached hereto and made a part hereof; 62. That Pursuant to law the correct number of valid signature needed for the Charter Amendment Petitions is 677, 10% of the voters who voted in the last municipal election which would be November 8, 2005 (10% x 6,768), Ohio Constitution Article XVIII, 14, State ex rel Huebner v W. Jefferson Village Council ( 1996) 75 OS 3`d 381, 3 84 as is evidenced by true and accurate copies of the Board of Elections records attached hereto and made a part hereof, Exhibit C-1, C-2, and C-3; 63. That I have been involved in about approximately fifty (50)referendum, initiative, and charter amendment petition drives, the validation rate herein 90.9%, 825 valid signatures out of a possible 907 is the highest obtained on all of these other petitions drives; 64. That on August 29, 2007, an individual named Tim Maloney residing at 225 Westwinds #34, Avon Lake, Ohio identifying himself, left a message on the answering machine of Lucian A. Dade, stating that it was a shame that the Committee failed to get enough valid signatures since it did not obtained 10% of the registered electors in the City of, 907 signatures is insufficient, and that if he paid their attorney Gerald W. Phillips for legal services in the preparation and circulation of the Charter Amendment Petition the Committee wasted their money and should get its money back which I listened to. Tim Maloney has significant ties with the City of Bay Village, Mayor Deborah Sutherland being her former campaign manager, and contributing $1,000 to her campaign and Brian C. Cruse contributing $2,500 to his recent

17 Council President campaign as is evidenced by true and accurate copies of the campaign contribution reports Exhibits DD-1, and DD-2; 65. That the Board of Elections as the insistence of Respondent City Council President Brian C. Cruse, revised the number of required signatures needed to meet the requirement of the City Charter Section 13.5 but such revision is not a final determination of the number of signatures required, as is evidence by Exhibits C, E, F, EE-1, EE-2; 66. That as a result of the contesting of the signature requirement for the Charter Amendment Petition, the special council meeting notice for September 6, 2007 was changed to provide for an executive session meeting prior to the conducting of any business at the special council meeting, a true and accurate copy of the original notice of the special council meeting without any executive session is attached hereto and made a part hereof as Exhibit FF; 67. That the City of has not passed an ordinance or resolution retaining outside counsel with respect to the Charter Amendment Petitions; 68. That I did have telephone calls and conversations with Joan Kemper and the Board of Elections Sharon Kane on August 31, 2007 who both informed me that the charter amendment petitions were checked, there were 825 valid signatures on the Charter Amendment Petition in excess of the 677 required number of signatures;

18 Gerald W. Phillips SWORN TO AND SUBSCRIBED to before me a notary public this 23RD day of September Notary Public s ^..:-- - ^ a. ^. ^^r'9^' Iqf^^^,.JN O s _ A1MNMKPHLLPB InwM ranmadib My CoaMrONon EOas On: 30 l1lrn/. -zoo9

19 State of Ohio Cuyahoga County Affidavit I, Lucian A. Dade, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That the Relator the Committee for the Charter Amendment for an Elected Law Director, is the duly authorized committee designated for the Charter Amendment Petitions (hereinafter referred to as the "Committee"); 2) That the Relator, the Committee, is composed of the following taxpayers, residents, and members: Relators, Lucian A. Dade, Chairperson, Karen Dade, and Eric Hansen; 3) That the Relator Lucian A. Dade is also commonly known in the residential and business community as Alex Dade; 4) That the Relator Eric Hansen also owns a personal residential dwelling at 600 Bradley Rd., Ohio 44140, in addition to his residence at 30401Ednil Dr.,, Ohio 44140; 5) That the Respondent Joan T. Kemper is the Clerk of Council for the City of (hereinafter referred to as "Clerk"); 6) That the Respondent City of is a charter municipality in the State of Ohio (hereinafter referred to as the "City"); 7) That the Respondent City of 's legislative authority or body is its City Council, composed of seven members, Brian C. Cruse its President, Paul A. Koomar, Donald L Zimmerman, Mark E. Barbour, James R. Scott, Scott A. Pohlkamp, and Michael A. Young (hereinafter referred to as "City Council");

20 8) That on August 30, 2007 and August 31, 2007 the Board of Elections checked and verified the signatures on the Charter Amendment Petitions and determined that there were 825 valid signatures of duly registered voters in the City of on the Charter Amendment Petitions and that 677 valid signatures were needed for the Charter Amendment Petitions, a true and accurate copy of the Board of Elections Signature Verification Statement is attached hereto and made a part hereof as Exhibit E; 9) That the Respondents in response to the Relators filing of the Charter Amendment Petitions and the signature verification by the Board of Elections scheduled a special council meeting for September 6, 2007 at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections, but they did not send or give the Relators Counsel any written notice of the special council meeting; 10) That the Respondents did not inform or notify the Relators that they were challenging and contesting the signature requirement for the Charter Amendment Petitions or their validity or sufficiency; 11) That on September 6, 2007, the Respondent City Council held its special city council meeting at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections; 12) That the Respondents prepared an agenda for the special council meeting for September 6, 2007 which included a proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions which was distributed to the public and to the Relators for the first time at the special council

21 meeting, a true and accurate copy of the agenda including the proposed ordinance is attached hereto and made a part hereof as Exhibit I; 13) That at the September 6, 2007 special city council meeting the outside counsel of the Respondents Stephen M. O'Bryan retained by the Respondent City's Law Director Gary A. Ebert rejected the Relators Taxpayers Demand Letter; 14) That at the September 6, 2007 special city council meeting, the proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions, Ordinance No was defeated by a vote of two (2) yeas, four (nays) and one (1) absent member after considering the advice consultation and opinions of the outside counsel of the Respondents Stephen O'Bryan retained by the Respondent City's Law Director Gary A. Ebert, a true and accurate copy of Ordinance No and the vote upon Ordinance No is attached hereto and made a part hereof as Exhibit J; 15) That the Respondents determination of the number of valid signatures needed for the Charter Amendment Petitions 1,444 is based upon the City Charter, Section 13.5, a true and accurate copy of this section is attached hereto and made a part hereof as Exhibit L; 16) That pursuant to law the correct number of valid signature needed for the Charter Amendment Petitions is 677, 10% of the voters who voted in the last municipal election which would be November 8, 2005 (10% x 6,768), Ohio Constitution Article XVIII, 14, State ex rel Huebner v W. Jefferson Village Council (1996) 75 OS 3d 381, 384;

22 17) That the Charter Amendment Petitions are valid and sufficient since they have 825 valid signatures on them; 18) That the Charter Amendment Petitions contain only one subject as evidenced by the title for the Charter Amendment Petitions: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter; 19) That pursuant to law any alterations corrections or additions to the Charter Amendment Petitions were made to them prior to the filing of the Charter Amendment Petitions with the Clerk; 20) That pursuant to law the Committee corrected a typographical error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions prior to filing the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Typographical Error") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A, a true and accurate copy of the Typographical Error is evidenced by a true and accurate copy of one of the part petitions, Part Petition No. l, Exhibit M; 21) That pursuant to law the Committee made two (2) changes on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change my name Alex Dade, my commonly used name in the business and residential community, to my legal name Lucian A. Dade, and to change the address of Eric Hansen from his residence address of 600 Bradley Rd., Ohio

23 44140 to his present residence address of Ednil Dr., Ohio prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Committee Change") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A; 22) That the four (4) part petitions with the Committee Change, Exhibit N-1 thru N-4, had page numbers on them, all of the rest of the part petitions did not have page numbers on them, therefore the Respondent determined that there were not uniform; 23) That the substantive content and form of the Charter Amendment Petitions were all uniform and identical as evidenced by Exhibit M and Exhibits N-1 thru N-4, when the Charter Amendment Petitions were filed with the Clerk on August 29, 2007 as evidenced by Exhibit A; 24) That there was no fraud or misrepresentation in the circulation of the Charter Amendment Petitions; 25) That there will be a nominal cost to the City of to submit the Charter Amendment Petitions to the electors at the November 6, 2007 General Election since elections will already be held in the City of. A cost of a special municipal election other than at the November 6, 2007 General Election will result in substantial additional cost and expense to the City of ; 26) That the last day to submit the Charter Amendment Petitions to the Board of Elections in order to be placed on the November 6, 2007 General Election is September 7, 2007; 27) That the circulators of the Charter Amendment Petitions received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules

24 and Instructions") to be followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions prepared by the Relators' Attorney is attached hereto and made a part hereof as Exhibit P and which I followed in the circulation of my Part Petition No. 5 and 53, true and accurate copies of these Part Petition No. 5 and 53 are attached hereto and made a part hereof as Exhibit X-1 and X-2; 28) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue, and this procedure was to be followed by all circulators; 29) That on or about May 13, 2007 the decision to go forward with the circulation of the Charter Amendment Petition was made by me, Karen Dade, and Eric Hansen in a meeting with our Counsel Gerald W. Phillips and a committee was formed composed of those three (3) individuals as members and with me as chairperson also known as the spokesperson; 30) That the Relator Committee by unanimous consent made a decision to correct an error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions. This correction was made by the Relator Committee after the electors signed the Charter Amendment Petitions. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was

25 made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 31) That the Relator Committee by unanimous consent made a decision to correct two (2) items on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the my name of Alex Dade to Lucian A. Dade, and to change the address of Eric Hansen from 600 Bradley Rd., Ohio to Ednil Dr., Ohio This correction was made by the Relator Committee after the electors signed Part Petition No. 12, 13, 23, and 24. The Relator Committee directed our attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 32) That Part-petition No. 20 was corrected to add the following two (2) lines at the end of page one (1) of Part Petition No. 20, "and shall continue to be duly admitted to the practice of law in this State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her". This decision by unanimous consent of the Committee to make this correction was made by the Relator Committee after the electors signed Part Petition No. 20. The Relator Committee directed our attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 33) That I reside at 584 Bradley Rd., Ohio 44140, and that I am a taxpayer, elector, resident and citizen in the City of, Ohio;

26 34) That my legal name is Lucian A. Dade, and I am also well known as Alex Dade by the City of public officials, the news media, city wide, in my residential neighborhood, in the business community, and among community groups and organizations, a true and accurate copy of my business card is attached hereto as Exhibit W; 35) That Eric Hansen has presently two (2) residences the residential property located at 600 Bradley Rd., Ohio which is currently under remodeling, and his present residence located at Ednil Rd., Ohio, the residence located at 600 Bradley Rd., Ohio is commonly known by the City of public officials, the news media, city wide, in my residential neighborhood, in the business community, and among community groups and organizations, where he actually resided and received mail in the past; 36) That I and my wife Karen Dade did sign a Charter Amendment Petition but it was one of the twelve petitions which were printed and given out but not returned as evidenced by the gaps in the Part Petition Numbers; 37) That the petition form for the Charter Amendment Petition was prepared by Gerald W. Phillips who transmitted it both electronically and physically to me chairperson for the Committee on or about May 23, 2007; 38) That attached hereto is a true copy of the council meeting minutes for the special council meeting held on September 6, 2007 which I attended, Exhibit BB; 39) That a majority of City Council member for the City of including Council President Brian C. Cruse, opposed the Charter Amendment Petition as is evidenced by their opposition to adding a provision in the non-partisan primary

27 election charter amendment to provide for the office of an elected law director, which was indicated in meetings before City Council that I attended and the passage of the nonpartisan election charter amendment without such a provision, a true and accurate copy of the ordinance placing the non-partisan primary election charter amendment on the ballot, Exhibit II is attached hereto and made a part hereof; 40) That on August 29, 2007, an individual named Tim Maloney residing at 225 Westwinds #34, Avon Lake, Ohio identifying himself, left a message on the answering machine at my residence, stating that it was a shame that the Committee failed to get enough valid signatures since it did not obtained 10% of the registered electors in the City of, 907 signatures is insufficient, and that if I paid our attorney Gerald W. Phillips for legal services in the preparation and circulation of the Charter Amendment Petition the Committee wasted their money and should get its money back which I listened to. Tim Maloney has significant ties with the City of, Mayor Deborah Sutherland being her former campaign manager, and contributing $1,000 to her campaign and Brian C. Cruse contributing $2,500 to his recent Council President campaign as is evidenced by true and accurate copies of the campaign contribution reports Exhibits D-1, and D-2; 41) That as a result of the contesting of the signature requirement for the Charter Amendment Petition, the special council meeting notice for September 6, 2007 was changed to provide for an executive session meeting prior to the conducting of any business at the special council meeting, a true and accurate copy of the original notice of the special council meeting without any executive session is attached hereto and made a part hereof as Exhibit FF;

28 42) That each of the forty six (46) Part Petitions containing 907 signatures consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition;

29 Sworn to and subscribed to before me a notary public this',^w day of September Notary Public Attorney at Law No Expiration Date ORC

30 State of Ohio Cuyahoga County Affidavit I, Karen Dade, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That the Relator the Committee for the Charter Amendment for an Elected Law Director, is the duly authorized committee designated for the Charter Amendment Petitions (hereinafter referred to as the "Committee"); 2) That the Relator, the Committee, is composed of the following taxpayers, residents, and members: Relators, Lucian A. Dade, Chairperson, Karen Dade, and Eric Hansen; 3) That the Relator Lucian A. Dade is also commonly known in the residential and business community as Alex Dade; 4) That the Relator Eric Hansen also owns a personal residential dwelling at 600 Bradley Rd., Ohio 44140, in addition to his residence at 30401Edni1 Dr.,, Ohio 44140; 5) That the Respondent Joan T. Kemper is the Clerk of Council for the City of (hereinafter referred to as "Clerk"); 6) That the Respondent City of is a charter municipality in the State of Ohio (hereinafter referred to as the "City"); 7) That the Respondent City of 's legislative authority or body is its City Council, composed of seven members, Brian C. Cruse its President, Paul A. Koomar, Donald L Zimmerman, Mark E. Barbour, James R. Scott, Scott A. Pohlkamp, and Michael A. Young (hereinafter referred to as "City Council");

31 8) That on August 29, 2007 the Committee filed with the Clerk, forty six (46) Part Petitions containing 907 signatures for an amendment to the City Charter of the City of, Proposed Charter Amendment: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ("Charter Amendment Petitions") as one (1) instrument, a true and accurate copy of the receipt for the Charter Amendment Petitions is attached hereto and made a part hereof as Exhibit A; 9) That on August 29, 2007 the Committee by and through its Counsel filed with the Clerk a memorandum of law stating the number of signatures needed for the Charter Amendment Petitions, the constitutional duty to "forthwith" submit the Charter Amendment Petitions to the electorate at the November 6, 2007 General Election, that time was of the essence, and case law and authority to assist the Respondents in the performance of their constitutional duty with respect to the Charter Amendment Petitions to "forthwith" submit them to the electorate at the November 6, 2007 General Election, a true and accurate copy of the memorandum of law is attached hereto and made a part hereof as Exhibit B; 10) That the Respondents in response to the Relators filing of the Charter Amendment Petitions and the signature verification by the Board of Elections scheduled a special council meeting for September 6, 2007 at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections, but they did not send or give the Relators Counsel any written notice of the special council meeting;

32 11) That the Respondents did not inform or notify the Relators that they were challenging and contesting the signature requirement for the Charter Amendment Petitions or their validity or sufficiency; 12) That on September 6, 2007, the Respondent City Council held its special city council meeting at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections; 13) That the Respondents prepared an agenda for the special council meeting for September 6, 2007 which included a proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions which was distributed to the public and to the Relators for the first time at the special council meeting, a true and accurate copy of the agenda including the proposed ordinance is attached hereto and made a part hereof as Exhibit I; 14) That at the September 6, 2007 special city council meeting the outside counsel of the Respondents Stephen M. O'Bryan retained by the Respondent City's Law Director Gary A. Ebert rejected the Relators Taxpayers Demand Letter; 15) That at the September 6, 2007 special city council meeting, the proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions, Ordinance No was defeated by a vote of two (2) yeas, four (nays) and one (1) absent member after considering the advice consultation and opinions of the outside counsel of the Respondents Stephen O'Bryan retained by the Respondent City's Law Director Gary A. Ebert, a true and accurate copy of Ordinance No and the vote upon Ordinance No is attached hereto and made a part hereof as Exhibit J;

33 16) That the Respondents determination of the number of valid signatures needed for the Charter Amendment Petitions 1,444 is based upon the City Charter, Section 13.5, a true and accurate copy of this section is attached hereto and made a part hereof as Exhibit L; 17) That the Charter Amendment Petitions are valid and sufficient since they have 825 valid signatures on them; 18) That the Charter Amendment Petitions contain only one subject as evidenced by the title for the Charter Amendment Petitions: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter; 19) That pursuant to law any alterations corrections or additions to the Charter Amendment Petitions were made to them prior to the filing of the Charter Amendment Petitions with the Clerk; 20) That pursuant to law the Committee corrected a typographical error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions prior to filing the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Typographical Error") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A, a true and accurate copy of the Typographical Error is evidenced by a true and accurate copy of one of the part petitions, Part Petition No.1, Exhibit M;

34 21) That pursuant to law the Committee made two (2) clerical changes on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade, his commonly used name in the business and residential community, to his legal name Lucian A. Dade, and to change the address of Eric Hansen from his residence address of 600 Bradley Rd. Bay Village, Ohio to his present residence address of Ednil Dr., Ohio prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Committee Change") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A; 22) That the four (4) part petitions with the Committee Change, Exhibit N-1 thru N-4, had page numbers on them, all of the rest of the part petitions did not have page numbers on them, therefore the Respondent determined that there were not uniform; 23) That on August 29, 2007 pursuant to law the Committee filed with the Clerk the Charter Amendment Petitions as one (1) instrument, as evidenced by Exhibit A; 24) That the substantive content and form of the Charter Amendment Petitions were all uniform and identical as evidenced by Exhibit M and Exhibits N-1 thru N-4, when the Charter Amendment Petitions were filed with the Clerk on August 29, 2007 as evidenced by Exhibit A; 25) That there was no fraud or misrepresentation in the circulation of the Charter Amendment Petitions; 26) That there will be a nominal cost to the City of to submit the Charter Amendment Petitions to the electors at the November 6, 2007 General Election since elections will already be held in the City of. A cost of a special

35 municipal election other than at the November 6, 2007 General Election will result in substantial additional cost and expense to the City of ; 27) That the last day to submit the Charter Amendment Petitions to the Board of Elections in order to be placed on the November 6, 2007 General Election is September 7, 2007; 28) That on August 29, 2007 I personally witnessed Gerald W. Phillips attorney for the Committee on behalf of the Committee personally filed with the Clerk, forty six (46) Part Petitions containing 907 signatures for an amendment to the City Charter of the City of, Proposed Charter Amendment: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ("Charter Amendment Petitions") each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, all forty-six (46) part petitions were bound together with one (1) large binder as one (1) instrument, as evidenced by Exhibit A attached to the Complaint; 29) That the circulators of the Charter Amendment Petitions received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") to be followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions prepared by the Relators' Attorney is attached hereto and made a part hereof as Exhibit P and which I followed in the circulation of my Part Petition No. 4 and 52, and true and accurate copies of such Part Petition No. 4 and 52 are attached hereto and made a part hereof as Exhibit Y-1 and Y-2;

36 30) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue, and this procedure was to be followed by all circulators; 31) That Thomas S. Phillips inadvertently signed his own Part Petition No. 14, and he crossed out his signature on the petition and corrected the total number of signatures and initialed the total prior to signing the circulator statement in my presence; 32) That on or about May 13, 2007 the decision to go forward with the circulation of the Charter Amendment Petition was made by Lucian A. Dade, me, and Eric Hansen in a meeting with our attorney and a committee was formed composed of those three (3) individuals as members and with Lucian A. Dade as chairperson also known as the spokesperson; 33) That the Relator Committee by unanimous consent made a decision to correct an error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions. This correction was made by the Relator Committee after the electors signed the Charter Amendment Petitions. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007;

37 34) That the Relator Committee by unanimous consent made a decision to correct two (2) items on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade to Lucian A. Dade, and to change the address of Eric Hansen from 600 Bradley Rd., Ohio to Ednil Dr., Ohio This correction was made by the Relator Committee after the electors signed Part Petition No. 12, 13, 23, and 24. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 35) That Part-petition No. 20 was corrected to add the following two (2) lines at the end of page one (1) of Part Petition No. 20, "and shall continue to be duly admitted to the practice of law in this State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her". This decision by unanimous consent of the Committee to make this correction was made by the Relator Committee after the electors signed Part Petition No. 20. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 36) That I reside at 584 Bradley Rd., Ohio 44140, and that I am a taxpayer, elector, resident and citizen in the City of, Ohio; 37) That Lucian A. Dade, his legal name, is also well known as Alex Dade by the City of public officials, the news media, city wide, in his residential neighborhood, in the business community, and among community groups and

38 organizations, a true and accurate copy of his business card is attached hereto as Exhibit W; 38) That Eric Hansen has presently two (2) residences the residential property located at 600 Bradley Rd., Ohio which is currently under remodeling, and his present residence located at Ednil Rd., Ohio, the residence located at 600 Bradley Rd., Ohio is commonly known by the City of public officials, the news media, city wide, in my residential neighborhood, in the business community, and among community groups and organizations, where he actually resided and received mail in the past; 39) That I and my husband Lucian A. Dade did sign a Charter Amendment Petition but it was one of the twelve petitions which were printed and given out but not returned as evidenced by the gaps in the Part Petition Numbers; 40) That the petition form for the Charter Amendment Petition was prepared by our attorney and transmitted both electronically and physically to Lucian A. Dade chairperson for the Committee on or about May 23, 2007; 41) That attached hereto is a true copy of the council meeting minutes for the special council meeting held on September 6, 2007 which I attended, Exhibit BB; 42) That a majority of City Council member for the City of including Council President Brian C. Cruse, opposed the Charter Amendment Petition as is evidenced by their opposition to adding a provision in the non-partisan primary election charter amendment to provide for the office of an elected law director, which was indicated in meetings before City Council that I attended and the passage of the nonpartisan election charter amendment without such a provision, a true and accurate copy of

39 the ordinance placing the non-partisan primary election charter amendment on the ballot, Exhibit II is attached hereto and made a part hereof; 43) That on August 29, 2007, an individual named Tim Maloney residing at 225 Westwinds #34, Avon Lake, Ohio identifying himself, left a message on the answering machine at my residence, stating that it was a shame that the Committee failed to get enough valid signatures since it did not obtained 10% of the registered electors in the City of, 907 signatures is insufficient, and that if we paid our attorney Gerald W. Phillips for legal services in the preparation and circulation of the Charter Amendment Petition the Committee wasted their money and should get its money back which I listened to. Tim Maloney has significant ties with the City of, Mayor Deborah Sutherland being her former campaign manager, and contributing $1,000 to her campaign and Brian C. Cruse contributing $2,500 to his recent Council President campaign as is evidenced by true and accurate copies of the campaign contribution reports Exhibits D-1, and D-2; 44) That as a result of the contesting of the signature requirement for the Charter Amendment Petition, the special council meeting notice for September 6, 2007 was changed to provide for an executive session meeting prior to the conducting of any business at the special council meeting, a true and accurate copy of the original notice of the special council meeting without any executive session is attached hereto and made a part hereof as Exhibit FF;

40 Sworn to and subscribed to before me a notary public this 23Wday of September p ^wmr1ai^^e^i.. ^.l ^.a^eaa%u^'"^^" Notary Public Attorney at Law No Expiration Date ORC

41 State of Ohio Cuyahoga County ) ) ) Affidavit I, Eric Hansen, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That the Relator the Committee for the Charter Amendment for an Elected Law Director, is the duly authorized committee designated for the Charter Amendment Petitions (hereinafter referred to as the "Committee"); 2) That the Relator, the Committee, is composed of the following taxpayers, residents, and members: Relators, Lucian A. Dade, Chairperson, Karen Dade, and Eric Hansen; 3) That the Relator Lucian A. Dade is also commonly known in the residential and business community as Alex Dade; 4) That the Relator Eric Hansen also owns a personal residential dwelling at 600 Bradley Rd., Ohio 44140, in addition to his residence at 30401Ednil Dr.,, Ohio 44140; 5) That the Respondent Joan T. Kemper is the Clerk of Council for the City of (hereinafter referred to as "Clerk"); 6) That the Respondent City of is a charter municipality in the State of Ohio (hereinafter referred to as the "City"); 7) That the Respondent City of 's legislative authority or body is its City Council, composed of seven members, Brian C. Cruse its President, Paul A. Koomar, Donald L Zimmerman, Mark E. Barbour, James R. Scott, Scott A. Pohlkamp, and Michael A. Young (hereinafter referred to as "City Council");

42 8) That the Respondents in response to the Relators filing of the Charter Amendment Petitions and the signature verification by the Board of Elections scheduled a special council meeting for September 6, 2007 at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections, but they did not send or give the Relators Counsel any written notice of the special council meeting; 9) That the Respondents did not inform or notify the Relators that they were challenging and contesting the signature requirement for the Charter Amendment Petitions or their validity or sufficiency; 10) That on September 6, 2007, the Respondent City Council held its special city council meeting at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections; 11) That the Respondents prepared an agenda for the special council meeting for September 6, 2007 which included a proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions which was distributed to the public and to the Relators for the first time at the special council meeting, a true and accurate copy of the agenda including the proposed ordinance is attached hereto and made a part hereof as Exhibit I; 12) That at the September 6, 2007 special city council meeting the outside counsel of the Respondents Stephen M. O'Bryan retained by the Respondent City's Law Director Gary A. Ebert rejected the Relators Taxpayers Demand Letter; 13) That at the September 6, 2007 special city council meeting, the proposed ordinance to submit to the electorate a proposed charter amendment identical to the

43 Charter Amendment Petitions, Ordinance No was defeated by a vote of two (2) yeas, four (nays) and one (1) absent member after considering the advice consultation and opinions of the outside counsel of the Respondents Stephen O'Bryan retained by the Respondent City's Law Director Gary A. Ebert, a true and accurate copy of Ordinance No and the vote upon Ordinance No is attached hereto and made a part hereof as Exhibit J; 14) That the Respondents determination of the number of valid signatures needed for the Charter Amendment Petitions 1,444 is based upon the City Charter, Section 13.5, a true and accurate copy of this section is attached hereto and made a part hereof as Exhibit L; 15) That the Charter Amendment Petitions are valid and sufficient since they have 825 valid signatures on them; 16) That the Charter Amendment Petitions contain only one subject as evidenced by the title for the Charter Amendment Petitions: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ; 17) That pursuant to law any alterations corrections or additions to the Charter Amendment Petitions were made to them prior to the filing of the Charter Amendment Petitions with the Clerk; 18) That pursuant to law the Committee corrected a typographical error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter

44 Amendment Petitions prior to filing the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Typographical Error") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A, a true and accurate copy of the Typographical Error is evidenced by a true and accurate copy of one of the part petitions, Part Petition No.1, Exhibit M; 19) That pursuant to law the Committee made two (2) changes on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade, his commonly used name in the business and residential community, to his legal name Lucian A. Dade, and to change my address from my residence address of 600 Bradley Rd., Ohio to my present residence address of Ednil Dr., Ohio prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Committee Change") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A; 20) That the four (4) part petitions with the Committee Change, Exhibit N-1 thru N-4, had page numbers on them, all of the rest of the part petitions did not have page numbers on them, therefore the Respondent determined that there were not uniform; 21) That the substantive content and form of the Charter Amendment Petitions were all uniform and identical as evidenced by Exhibit M and Exhibits N-1 thru N-4, when the Charter Amendment Petitions were filed with the Clerk on August 29, 2007 as evidenced by Exhibit A; 22) That there was no fraud or misrepresentation in the circulation of the Charter Amendment Petitions;

45 23) That there will be a nominal cost to the City of to submit the Charter Amendment Petitions to the electors at the November 6, 2007 General Election since elections will already be held in the City of. A cost of a special municipal election other than at the November 6, 2007 General Election will result in substantial additional cost and expense to the City of ; 24) That the last day to submit the Charter Amendment Petitions to the Board of Elections in order to be placed on the November 6, 2007 General Election is September 7, 2007; 25) That the circulators of the Charter Amendment Petitions received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") to be followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions prepared by the Relators' Attorney is attached hereto and made a part hereof as Exhibit P and which I followed in the circulation of my Part Petition No. 8 and true and accurate copies of such Part Petition No. 8 is attached hereto and made a part hereof as Exhibit Z; 26) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue, and this procedure was to be followed by all circulators; 27) That on or about May 13, 2007 the decision to go forward with the circulation of the Charter Amendment Petition was made by Lucian A. Dade, Karen

46 Dade, and me in a meeting with our attorney and a committee was formed composed of those three (3) individuals as members and with Lucian A. Dade as chairperson also known as the spokesperson; 28) That the Relator Committee by unanimous consent made a decision to correct an error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions. This correction was made by the Relator Committee after the electors signed the Charter Amendment Petitions. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 29) That the Relator Committee by unanimous consent made a decision to correct two (2) items on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade to Lucian A. Dade, and to change my address from 600 Bradley Rd., Ohio to Ednil Dr., Ohio This correction was made by the Relator Committee after the electors signed Part Petition No. 12, 13, 23, and 24. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 30) That Part-petition No. 20 was corrected to add the following two (2) lines at the end of page one (1) of Part Petition No. 20, "and shall continue to be duly admitted to the practice of law in this State of Ohio during the term of his or her office. He or she

47 shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her". This decision by unanimous consent of the Committee to make this correction was made by the Relator Committee after the electors signed Part Petition No. 20. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 31) That I presently reside at Ednil Dr., Ohio 44140, and that I am a taxpayer, elector, resident and citizen in the City of, Ohio; 32) That Lucian A. Dade, his legal name, is also well known as Alex Dade by the City of public officials, the news media, city wide, in his residential neighborhood, in the business community, and among community groups and organizations, a true and accurate copy of his business card is attached hereto as Exhibit W; 33) That I have presently two (2) residences the residential property located at 600 Bradley Rd., Ohio is currently under remodeling, and my present residence located at Ednil Rd., Ohio, the residence located at 600 Bradley Rd., Ohio is commonly known by the City of public officials, the news media, city wide, in my residential neighborhood, in the business community, and among community groups and organizations, where I have actually resided and received mail at in the past; 34) That both Karen Dade and Lucian A. Dade did sign a Charter Amendment Petition but it was one of the twelve petitions which were printed and given out but not returned as evidenced by the gaps in the Part Petition Numbers;

48 35) That the petition form for the Charter Amendment Petition was prepared by our attorney and transmitted both electronically and physically to Lucian A. Dade chairperson for the Committee on or about May 23, 2007; 36) That attached hereto is a true copy of the council meeting minutes for the special council meeting held on September 6, 2007 which I attended, Exhibit BB; 37) That a majority of City Council member for the City of including Council President Brian C. Cruse, opposed the Charter Amendment Petition as is evidenced by their opposition to adding a provision in the non-partisan primary election charter amendment to provide for the office of an elected law director, which was indicated in meetings before City Council that I attended and the passage of the nonpartisan election charter amendment without such a provision, a true and accurate copy of the ordinance placing the non-partisan primary election charter amendment on the ballot, Exhibit II is attached hereto and made a part hereof; 38) That on August 29, 2007, an individual named Tim Maloney residing at 225 Westwinds #34, Avon Lake, Ohio identifying himself, left a message on the answering machine of Lucian A. Dade, stating that it was a shame that the Committee failed to get enough valid signatures since it did not obtained 10% of the registered electors in the City of, 907 signatures is insufficient, and that if we paid our attorney Gerald W. Phillips for legal services in the preparation and circulation of the Charter Amendment Petition the Committee wasted their money and should get its money back which I listened to. Tim Maloney has significant ties with the City of Bay Village, Mayor Deborah Sutherland being her former campaign manager, and contributing $1,000 to her campaign and Brian C. Cruse contributing $2,500 to his recent

49 Council President campaign as is evidenced by true and accurate copies of the campaign contribution reports Exhibits D-1, and D-2; 39) That as a result of the contesting of the signature requirement for the Charter Amendment Petition, the special council meeting notice for September 6, 2007 was changed to provide for an executive session meeting prior to the conducting of any business at the special council meeting, a true and accurate copy of the original notice of the special council meeting without any executive session is attached hereto and made a part hereof as Exhibit FF; 40) That each of the forty six (46) Part Petitions containing 907 signatures consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition;

50 Eric Hansen 11 Sworn to and subscribed to before me a notary public this ^ day of September Notary Public Attorney at Law, i ORC , "^;qte QFO`^^^. ^rmmw^n

51 State of Ohio Cuyahoga County Affidavit I, Thomas S. Phillips, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: I) That I reside at Edgewood Rd., Ohio and 1 am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 14 of the Charter Amendment Petition and each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, a true and accurate copy of the Part Petition No. 14 is attached hereto and made a part hereof as Exhibit S; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That I received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") which I followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions is attached hereto and made a part hereof as Exhibit P; 6) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue; 7) That I did sign the circulator statement at the end of each part petition after all of information in the statement was completed and all of the statements contained therein are true and correct; 8) That I inadvertently signed my own Part Petition No. 14, and I cross out my signature on the petition and corrected the total number of signatures and initialed the total prior to signing the circulator statement in the presence of Karen Dade a member of the Committee;

52 Sworn to and subscribed to before me a notary public this S'4 day of September Notary Public Attorney at Law No Expiration Date ORC

53 State of Ohio Cuyahoga County Affidavit I, Julie L. Kestler, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Osborn Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 9, 23, and 50 of the Charter Amendment Petition and each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one ( 1) part petition, true and accurate copies of each of these Part Petition No. 9, 23, and 50 are attached hereto and made a part hereof as Exhibits T-l, T-2, and T-3; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That none of signers of the Charter Amendment Petition on Petition No. 23 were mislead or deceived by correcting the name of Alex Dade to Lucian A. Dade and the address of Eric Hansen from 600 Bradley Rd., Ohio to Ednil Dr. Bay Village, Ohio; 6) That I received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") which I followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions is attached hereto and made a part hereof as Exhibit P; 7) That I separately presented the Charter Amendment Petition to any potential signer of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue; 8) That I did sign the circulator statement at the end of each part petition after all of information in the statement was completed and all of the statements contained therein are true and correct; 9) That I did sign my husband's Part Petition No. 10 on line 20;

54 nr^cwiw Ce 10) That I inadvertently signed my own Part Petition No. 9 and I then"preeeded to cross out my signature on Part Petition No. 91ine 15, after the information in the circulator statement was corrected to reflect the fact that it was my petition and there was one less signature on it I signed the circulator statement to Part Petition No. 9; 11) That I and my husband Harry Kestler kept our part petitions separate and distinct, and we only circulated our own part petitions; Juli L. Kestler V-U'^^^ Sworn to and subscribed to before me a notary public this Lpday of September `^ +ovnms ``^O ^ E 3.., L V I Notary Public Attorney at Law No Expiration Date ORC

55 State of Ohio Cuyahoga County Affidavit I, Harry Kestler, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Osborn Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 10 and 51 of the Charter Amendment Petition and each part petition consisted of two (2) pages with three (3) sides of printed material the first page bad printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, true and accurate copies of each of these Part Petition No. 10 and 51 are attached hereto and made a part hereof as Exhibit Q-1 and Q-2; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That I received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") which I followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions is attached hereto and made a part hereof as Exhibit P; 6) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue; 7) That I did sign the circulator statement at the end of each part petition after all of information in the statement was completed and all of the statements contained therein are true and correct; 8) That my wife Julie L. Kestler did sign my Part Petition No. 10 on line 20;?,^C.^(x'p 9) That my wife inadvertently signed her own Part Petition No. 9 and she then preeede4 to cross out her signature on Part Petition No. 9 line 15, after the information in the circulator statement was corrected to reflect the fact that it was her petition and there was one less signature on it she signed the circulator statement to Part Petition No. 9;

56 10) That I and my wife Julie L. Kestler kept our part petitions separate and distinct, and we only circulated our own part petitions; estle Sworn to and subscribed to before me a notary public this Z^M, day of September ``attout^fal ap^^^i^ `\A Notary Public Attorney at Law No Expiration Date ORC

57 State of Ohio Cuyahoga County Affidavit I, Marlene Medley, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 347 Bassett Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 19 of the Charter Amendment Petition and each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, a true and accurate copy of the Part Petition No. 19 is attached hereto and made a part hereof as Exhibit R; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That I received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") which I followed in the circulation of the Charter Amendment Petition, and a true and accurate copy of the Rules and Instructions is attached hereto and made a part hereof as Exhibit P; 6) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue; 7) That I did sign the circulator statement at the end of each part petition after all of information in the statement was completed and all of the statements contained therein are true and correct;

58 I ^ ^^ )-( jlci Marlene Medley Sworn to and subscribed to before me a notary public this EfOday of September tnllund ;it1al "s ^^^' Notary Public Eq,^ Attorney at Law ; No Expiration Date ORC ^^^i.^

59 State of Ohio Cuyahoga County Affidavit I, Virginia A. Haessly, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Nantucket Row, Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 15 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this kg% day of September Notary Public Attorney at Law No Expiration Date ORC

60 State of Ohio Cuyahoga County Affidavit I, George E. Halter, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Nantucket Row, Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 7, 24, 27, and 49 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That none of signers of the Charter Amendment Petition on Petition No. 24 were mislead or deceived by the correction of the Committee Clerical Error correcting the name of Alex Dade to Lucian A. Dade and the address of Eric Hansen from 600 Bradley Rd., Ohio to Ednil Dr., Ohio; George E. Halter Sworn to and subscribed to before me a notary public this I6'M day of September ^^PRIAI^qs^i^^^,p^ Notary Public Attorney at Law ^al ^.v No Expiration Date ORC

61 State of Ohio Cuyahoga County Affidavit I, Nancy J. Patton Brown, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Wolf Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 3 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this O^ day of September o"^p^u^fal, rrn^^/*i ^t `'.,. ^4^ = Notary Public Attorney at Law No Expiration Date ORC

62 State of Ohio Cuyahoga County Affidavit I, Virginia L. Peterson, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Foote Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 43 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this la day of September ``^O^ 0Il fi31al S", ^ptr ^^ Notary Public Attorney at Law No Expiration Date ORC ^^Zl^^^i^O^FO \\.

63 State of Ohio Cuyahoga County Affidavit I, Rob Grady, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 605 Wellfleet Dr., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 6 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Rob Grady Sworn to and subscribed to before me a notary public this 101 day of September Notary Public Attorney at Law No Expiration Date ORC

64 State of Ohio Cuyahoga County Affidavit I, John D. Flowers, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Wolf Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 38, 39, 40, 44, and 45 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typ'ographi al error on the Charter Amendment Petition in Section 4.2, correcting "filing^with ^fiing"; Sworn to and subscribed to before me a notary public this fca day of September ^^^op\u6{{ac rln,^0. Z/k^ Notary Public Attorney at Law No Expiration Date ORC ^-^^` / N\ttt

65 State of Ohio Cuyahoga County Affidavit I, Claire E. Kranz Banasiak, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Nantucket Row, Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 1 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this l 1^ day of September ^^^^? I I A I, t^s ^.^. A ^Cw Notary Public Attorney at Law No Expiration Date ORC

66 State of Ohio Cuyahoga County Affidavit I, Jerrie B. Barnett, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 316 Bayview Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 2 and 26 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this %,^ day of September \`, ``\ ^^^`^,/'l^ ` /c3^a44-1 ^- Notary Public Attorney at Law No Expiration Date ORC ""i q^it I1lto

67 State of Ohio Cuyahoga County Affidavit I, Barbara Gallo, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Huntington Woods Pkwy., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 25 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; a4u,t-j Barbara Gallo Sworn to and subscribed to before me a notary public this kg-'^ day of September Notary Public Attorney at Law No Expiration Date ORC

68 State of Ohio Cuyahoga County Affidavit I, Nancy L. Trainer, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at Osbom Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 11, 12, 13, 29, 30, 31, 36, 37, 47, 55, 56, and 58 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That none of signers of the Charter Amendment Petition on Petition No. 12 and 13 were mislead or deceived by the correction of the Committee Clerical Error correcting the name of Alex Dade to Lucian A. Dade and the address of Eric Hansen from 600 Bradley Rd., Ohio to Ednil Dr., Ohio Nancy L. T iner Sworn to and subscribed to before me a notary public this J:9A day of September Notary Public Attorney at Law No Expiration Date ORC

69 IN THE SUPREME COURT OF OHIO State of Ohio ) CASE NO City of, ex rel. ) ) Committee for the Charter Amendment for ) ORIGINAL ACTION IN an Elected Law Director ) MANDAMUS Lucian A. Dade, Chairperson, et al ) Relators EXPEDITED ELECTION CASE V. City of et al Respondents RELATORS' EVIDENCE VOLUME II (AFFIDAVITS-EXHIBITS A-Q) Gerald W. Phillips ( ) Phillips & Co., L.P.A. P.O. Box Windward Way Avon Lake, Ohio (440) Fax No. (440) gwphi1150@yahoo.com Attomey for Relators Stephen M. O'Bryan ( ) Counsel of Record Patrick J. Krebs ( ) Majeed G. Makhlouf ( ) Taft, Stettinius, & Hollister LLP 2000 Public Square Suite 3500 (216) Fax No. (216) sobryannae,taftlaw.com pkrebsktaftlaw.com nunakhlouf@taftlaw.com Donald J. McTigue ( ) Mark A. McGinnis ( ) The McTigue Law Group 550 East Walnut St. Columbus, Ohio (614) Fax No. (614) mctiguelaw,rrohio.com SEP 2 4 'Ld(17 CLERK OF COURT SUPREME COURT OF OHIO Attorneys for Respondents

70 The Relators who hereby submit the attached Relators Evidence Volume II in the herein original action. Respectfully Submitted; Gerald W. Phillips ( ) Phillips & Co. L.P.A. P.O. Box 269 Avon Lake, Ohio (440) Attorney for Relators Proof of Service A copy of the Relators Evidence Volume II has been personally served upon Stephen M. O'Bryan, Taft, Stettinius, & Hollister LLP, Attorney for Respondent, 200 Public Square, Suite 3500, Cleveland, Ohio pursuant to Ohio Supreme Court Rule 1, 3 (A) this 24`h day of September Gerald W. Phillips ( ) Attorney for Relators

71 Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio (440) FAX (440) August 29, 2007 Joan Kemper Clerk of Council City of 350 Dover Center Rd., Ohio Re: Proposed Charter Amendment, Elected Law Director Dear Ms. Kemper: Please be advised that I represent the Committee for the Proposed Charter Amendment for an Elected Law Director. Enclosed herewith are forty-six (46) part petitions containing 907 signatures for the Proposed Charter Amendment. Please acknowledge receipt by signing below. Sincerely yours, ^^' ^^^5 4j 3^ l_.t.^'f^el C-lJ^V/^. Gerald W. Phillips Acknowledgement and Receipt of 46 part petitions containing 907 signatures for the Proposed Charter Amendment for an Elected Law Director. Clerk of Council-Joan Kemper EXHIBIT

72 1 1 r 7 :!?ke- ^ 5^ -- PIN-0- ^: t4mati,tz ^`--- _^^^^ I $ M.,tle in 0 5.

73 ^r--- I -- I ^^ s^^ -- - _- 21f ^ ---- ^^ h _^ ^ - - ', ^ ^ 3 3' ^^^^^ ^,.^,,r^ C^^'^ - l^ljwle --- ^ 1 tlr I 1 _- 1 3 ; _- - -, ^ ^- ^ _ I , _ 2 f -- - _, ' J 4 MaeeMO.sA.

74 Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio (440) FAX (440) August 29, 2007 Joan Kemper Clerk of Council City of 350 Dover Center Rd., Ohio Dear Clerk of Council Re: Proposed Charter Amendment, Elected Law Director EXIiIBIT Today, I on behalf of the Committee for the Proposed Charter Amendment for an Elected Law Director filed with you, forty-six (46) part petitions containing 907 signatures for the Proposed Charter Amendment. Pursuant to the Ohio Constitution Article XVIII, 14 the number of valid signatures needed for the Proposed Charter Amendment is 10% of the voters who voted in the last municipal election which would be November 8, State ex rel Huebner v W. Jefferson Village Council (1996) 75 OS 3rd 381, 384. This number is 677 valid signatures (6,768 x 10%). Accordingly, since the Charter Amendment Petitions has sufficient valid signatures on its face, 907 signatures, the City Council of should immediately forthwith submit the Charter Amendment Petitions to the Cuyahoga County Board of Elections for a determination of the number of valid signatures on the Charter Amendment Petitions. The deadline for the validation of the Charter Amendment Petitions and submission and certification of the Charter Amendment Petitions to the Cuyahoga County Board of Elections for the November 6, 2007 General Election, is 60 days before such election September 7, Time is of the essence. The term forthwith has been defined by the Ohio Supreme Court to mean immediately, including calling special meetings of council. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3`d 590, 592. Time is of the essence. City Council must proceed with the necessary city council meeting including a special council meeting to fulfill its constitutional duty on or before September 7, 2007 to pass the necessary legislation and submit the proposed charter amendment to the Cuyahoga County Board of Elections to be placed on the November 6, 2007 General Election Ballot. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3rd 590, 592, State ex rel Jurcisin v. Cotner (1984) 10 OS 3`d 171, 173, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3rd 100. Therefore, you as Clerk of Council for the City of should immediately forthwith submit the Charter Amendment Petitions to the Cuyahoga County

75 Board of Elections for a determination of the number of valid signatures on the Charter Amendment Petitions. Upon receipt of the certification of the number of valid signatures on the Charter Amendment Petitions from the Cuyahoga County Board of Elections, if the number of valid signatures on the Charter Amendment Petitions is 677 or greater a city council meeting should be immediately called including a special council meeting in order to timely submit the Charter Amendment for the November 6, 2007 General Election. The deadline for submission of the Charter Amendment to the Cuyahoga County Board of Elections is September 7, The failure of City Council to fulfill its constitutional duty will result in the unnecessary expense of a special election and legal action. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3rd 590, 592, State ex rel Jurcisin v. Cotner (1984) 10 OS 3rd 171, 173, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. As Clerk of Council the Charter Amendment Petitions should remain in your personal possession control and custody other than upon your delivery of the Charter Amendment Petitions to the Cuyahoga County Board of Elections and their return to you. Thank you for your prompt attention towards this matter. Sincerely yours, Gerald W. Phillips

76 rn. 0"Titu of EFCu VitiaoP 350 DOVER CENTER ROAD BAY VILLAGE, OH7O OFFICE OF THE COUNCIL Brian C. Cruse President of Council Mark E. Barbour Council-at-large Jalnes E. Scott Council-at-large Donald L. Zimmerman Ward I Paul A. Koomer Vice President of Council Ward 2 ScottA. Pohlkamp Ward 3 Michael A. Young Ward 4 Cuyahoga County Board of Elections 2925 Euclid Avenue Cleveland, Ohio Dear Sir/Madam: RE: Petition Submission Regarding Potential Charter Amendment For, Ohio Phone: Au ^ st r Fax: Joan T. Kemper Clerk of Council Enclosed with this letter are petitions that have been submitted to the City Council regarding a potential charter amendment. We are asking for your review to determine if these petitions comply with our Charter Section 13.5 regarding amendment to the Charter (copy attached). Further, we ask for your determination as to the technical sufficiency of the petitions and the number of valid signatures obtained per the requirements of the Ohio Revised Code. Your guidance in this matter is greatly appreciated. Very truly yours, EXHIBIT Brian C. Cruse President of Council Q- BCC/mpz Enclosure Mi`s30'fl7 Fl-, 2:29 0J.",

77 SECTION 13.5 AMENDMENTS. The Council may, by vote of at least two thirds (2/3) of the total number of Councilmen provided for by this Charter, submit to the electors of the Municipality amendments to this Charter, and upon petitions signed by ten per cent (10%) of the registered electors of this Municipality setting forth any proposed amendment, such proposed amendment shall be so submitted by the Council. The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the Council shall determine the manner for such submission. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent amendments on the same subject are submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter, subject however to the provisions of Article X, Section (Ord ; approved by voters )

78 Cuyahoga County Board of Elections Phone: Candidate & Voter Services Division 2925 Euclid Avenue Second Floor Cleveland, OH Receipt of Petition for Signature Verification Date: Name: f- 3 o- z o o'7 ----k i+ J j, A^- PoliticalSubdivision: `L/9 yz^ Type of Petition: Daytime telephone number of contact person: y`fo -8? y- 3yo(o or q^a-op 7/- zzoo Description of petition: `p--li A/U^ umber of part petitions received: q 0 Number of Signatures Required: Received from signature: Received by BOE Staff signature: EXHIBIT id Petitions Returned to Petitioner Signature of person receiving petitions: Date: o?ed ^ RUG34' oi" QM 2:; 7 CNJS

79 CUYAHOGA COUNTY BOARD OF ELECTIONS Jeff Hastings Inajo Davis Chappell Robert S. Frost Eben O. (Sandy) McNair, IV Jane M. Platten Pat McDonald Chairman Member Member Member Director Deputy Director SIGNATURE VERIFICATION STATEMENT August 31, , Pat McDonald, Information Services Administrator of the Cuyahoga County Board of Elections, hereby certify that on August 30, 2007 we received an Initiative Petition identified as "Proposed Charter Amendment for an Elected Law Director". A total of 46 part petitions were submitted for review containing approximately 907 signatures. I attest that 825 signatures were found valid in that those signers are duly registered voters residing in the City of Bay Village, Ohio. il2,r YVl C4a"i Pat McDonald, Deputy Director EXHIBIT IF Euclid Avenue Cleveland, Ohio (216) Ohio Relay Service 711 BOE

80 Petition Statistics 8/30/2007 4:59:42PM CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE Petitlon ID: 3976 R Total Sigs Required 677 Total Sigs Submitted 907 Total Lines Verfied 916 Total Challenged BLANK 4 - BLANK LINE Total 10 DUP DUPLICATE Total 10 ILL 8-ILLEGIBLE Total 12 NA 5 - NO ADDRESS Total 1 NG 2 - NOT GENUINE (SIGNATURE) Total 7 NR 1 - NOT REGISTERED Total 41 NRA 3- NOT REGISTERED AT Total 9 WD WRONG DISTRICT Total 1 TOTAL 91 Total Valid : 825 I BLANK DUP ILL NA NG NR NRA WD Total 08/30/ Total

81 CUYAHOGA COUNTY BOARD OF ELECTIONS leff Hastings Inajo Davis Chappell Robert S. Frost Eben 0. (Sandy) McNair, IV Jane M. Platten Pat McDonald Chairman Member Member Member Director Deputy Director Augnst 31, 2007 Mr. Brian C. Cruse, President of Council City of 350 Dover Center Road, OH Dear Mr. Cruse, Per your request and based on the infonnation you provided from the Charter of the City of an Initiative Petition must be signed by ten per cent (10%) of the registered electors of the municipality is as follows: The City of, as of August 2, 2007, had 14,440 registered voters. Ten percent (10%) of 14,400 equals 1,444. Therefore, Initiative Petitions require 1,444 valid registered elector signatures. Please contact me if I may be of further assistance. Brent E. Lawler, Assistant Manager Campaign Finance and Petitions Candidate & Voter Services Division Phone: bebel@cuyahogacounty.us cc: file b a EXHIBIT v Euclid Avenue Cleveland, Ohio (216) Ohio Relay Service E-1eD1 0 _ 10

82 Cuyahoga County Board of Elections Voter Control Report Counts as of: 8/ Page I of 74 Print Date: 8/}/2007 I A 127 IIB B C t D E , ,777 A t B C D E , ,597 A B C D E , ,269

83 Gary Ebert Law Director City of 350 Dover Center Rd., Ohio Dear Mr. Ebert: Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio (440) FAX (440) September 6, 2007 Re: Taxpayers' Demand- Proposed Charter Amendment Elected Law Director EXHIBIT C- It is the well settled and established law that the number of valid signatures needed for the Proposed Charter Amendment is 10% of the voters who voted in the last municipal election which would be November 8, State ex rel Huebner v. W. Jefferson Village Council (1996) 75 OS 3d 381, 384, Ohio Constitution Article XVIII, 14. This number is 677 valid signatures (6,768 x 10%). The Cuyahoga County Board of Elections has determined that there are 825 valid signatures on the Charter Amendment Petition. Accordingly, the Charter Amendment Petition has sufficient valid signatures and is valid. It is also the well settled and established law that when charter amendment provisions of a charter conflicts with the constitutional charter amendment provisions, the Constitution prevails because the "the paramount authority must prevail over the subordinate authority", State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100, 32, State ex rel Hinchliffe v. Gibbons (1927) 116 OS 390, 395, State ex rel Semik v. Cuyahoga Cty. Bd. of Elections (1993) 67 OS 3`d 334, , State ex rel Huebner v. W. Jefferson Village Council (1996) 75 OS 3`d 381, Thus, to the extent that the City Charter provision, Section 13.5 could be construed to require a different number of valid signatures, the Ohio Constitution Article 18, 14 would prevail, 10% of the voters who voted in the last municipal election. Furthermore, the City Charter provision, Section 13.5 even specifically recognizes that "the paramount authority must prevail over the subordinate authority", when it expressly provides that "The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the Council shall determine the manner of such submission". I have attached copies of the Ohio Constitution Article 18, 14 and the City Charter Section 13.5 to this letter to assist you in ascertaining this clear well settled and established law. Accordingly, the Charter Amendment Petition for an Elected Law Director, is valid and there is mandatory duty enjoined by law for the City Council of to

84 "forthwith" submit such Charter Amendment to the electors. The deadline for the submission and certification of the Charter Amendment Petition to the Cuyahoga County Board of Elections for the November 6, 2007 General Election, is 60 days before such election September 7, Thus, the City Council must at its special council today, Thursday September 6, 2007 pass the necessary legislation to submit and certified the Charter Amendment Petition and deliver such legislation to the Cuyahoga County Board of Elections prior to 4:30 P.M. on September 7, The failure to pass the necessary legislation and to deliver such legislation to Cuyahoga County Board of Elections would clearly constitute a failure to perform a mandatory duty enjoined by law. The term foruhwith has been defined by the Ohio Supreme Court to mean immediately, including calling special meetings of council. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3`d 590, 592. State ex rel Jurcisin v. Cotner (1984) 10 OS 3rd 171, 173, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. The Mayor's approval and veto is clearly inapplicable to the special constitutional procedure for a charter amendment. Billington v. Cotner (1971) 25 OS 2d 140, 147. Time is of the essence. It is come to my attention and to the attention of my clients, the Comniittee for the Proposed Charter Amendment for an Elected Law Director, and its members Lucian Dade, Karen Dade, and Eric Hansen, that you have failed to recognize the above well established and settled law and to advise the City Council of their mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors. Even, the Council President, Brian Cruse also an attorney has ignored this well settled and established law. Accordingly, on behalf of my clients a taxpayers' demand is being placed upon you to advise the City Council of their mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors, and that upon their failure to perform this mandatory duty enjoined by law you will bring the necessary legal action to compel them to perform this mandatory duty enjoined by law, and to bring such necessary legal action to compel them to perform this mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors. Your failure to so advise the City Council or to bring such legal action will be deemed a rejection of this taxpayers' demand. I trust that your personal attitude towards this Charter Amendment and the political motives of some members and your supporters on Council will not cause you and City Council to ignore this mandatory duty enjoined by law. I have previously advised the City Council of this mandatory duty enjoined by law by letter dated August 29, The failure of City Council to fulfill its constitutional duty will result in the unnecessary expense of a special election and legal action. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3`a 590, State ex rel Jurcisin v. Cotner (1984) 10 OS 3rd 171, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. Sincerely yours, Gerald W. Phillips

85 SECTION 13.5 AMENDMENTS. The Council may, by vote of at least two thirds (2/3) of the total number of Councihnen provided for by thls Charter, submit to the electors of the Municipality amendments to this Charter, and upon petitions signed by ten per cent (10%) of the registered electors of this Municipality setting forth any proposed amendment, such proposed amendment shall be so submitted by the Council. The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the ' Council shall determine the manner for such submission. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent amendments on the same subject are submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter, subject however to the provisions of Article X, Section (Ord ; approved by voters ) CONSTITUTION OF OHIO 14 (Elections.I All elections and submissions of questions provided for in this article shall be conducted by the election authorities prescribed by general law. The percentage of electors required to sign any petition provided for herein shall be based upon the total vote cast at the last preceding general municipal election. (Adopted September 3, 1912.)

86 Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio (440) FAX (440) September 6, 2007 Joan Kemper Clerk of Council City of 350 Dover Center Rd., Ohio Re: Proposed Charter Amendment, Elected Law Director Dear Clerk of Council Enclosed herewith are eight (8) copies of a Taxpayers' Demand letter for the Proposed Charter Amendment for an Elected Director which has been filed with the Law Director. One copy is for your files the other seven (7) copies are for each council member. Please distribute a copy to each council member prior to tonight's special council meeting. Please contact me if you should have any questions. Sincerely yours, Gerald W. Phillips EXHIBIT ^4

87 Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio (440) FAX (440) September 6, 2007 Gary Ebert Law Director City of 3 50 Dover Center Rd., Ohio Re: Taxpayers' Demand- Proposed Charter Amendment Elected Law Director Dear Mr. Ebert: It is the well settled and established law that the number of valid signatures needed for the Proposed Charter Amendment is 10% of the voters who voted in the last municipal election which would be November 8, State ex rel Huebner v. W. Jefferson Village Council (1996) 75 OS 3rd 381, 384, Ohio Constitution Article XVIII, 14. This number is 677 valid signatures (6,768 x 10%). The Cuyahoga County Board of Elections has determined that there are 825 valid signatures on the Charter Amendment Petition. Accordingly, the Charter Amendment Petition has sufficient valid signatures and is valid. It is also the well settled and established law that when charter amendment provisions of a charter conflicts with the constitutional charter amendment provisions, the Constitution prevails because the "the paramount authority must prevail over the subordinate authority", State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100, 32, State ex rel Hinchliffe v. Gibbons (1927) 116 OS 390, 395, State ex rel Semik v. Cuyahoga Cty. Bd of Elections (1993) 67 OS 3`d 334, , State ex rel Huebner v. W. Jefferson Village Council (1996) 75 OS 3`d 381, Thus, to the extent that the City Charter provision, Section 13.5 could be construed to require a different number of valid signatures, the Ohio Constitution Article 18, 14 would prevail, 10% of the v^oters who voted in the last municipal election. Furthermore, the City Charter provision, Section 13.5 even specifically recognizes that "the paramount authority must prevail over the subordinate authority", when it expressly provides that "The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the Council shall determine the manner of such submission". I have attached copies of the Ohio Constitution Article 18, 14 and the City Charter Section 13.5 to this letter to assist you in ascertaining this clear well settled and established law. Accordingly, the Charter Amendment Petition for an Elected Law Director, is valid and there is mandatory duty enjoined by law for the City Council of to

88 "forthwith" submit such Charter Amendment to the electors. The deadline for the submission and certification of the Charter Amendment Petition to the Cuyahoga County Board of Elections for the November 6, 2007 General Election, is 60 days before such election September 7, Thus, the City Council must at its special council today, Thursday September 6, 2007 pass the necessary legislation to submit and certified the Charter Amendment Petition and deliver such legislation to the Cuyahoga County Board of Elections prior to 4:30 P.M. on September 7, The failure to pass the necessary legislation and to deliver such legislation to Cuyahoga County Board of Elections would clearly constitute a failure to perform a mandatory duty enjoined by law. The term forthwith has been defined by the Ohio Supreme Court to mean immediately, including calling special meetings of council. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3'd 590, 592. State ex rel Jurcisin v. Cotner (1984) 10 OS 3rd 171, 173, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. The Mayor's approval and veto is clearly inapplicable to the special constitutional procedure for a charter amendment. Billington v. Cotner (1971) 25 OS 2"d 140, 147. Time is of the essence. It is come to my attention and to the attention of my clients, the Committee for the Proposed Charter Amendment for an Elected Law Director, and its members Lucian Dade, Karen Dade, and Eric Hansen, that you have failed to recognize the above well established and settled law and to advise the City Council of their mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors. Even, the Council President, Brian Cruse also an attorney has ignored this well settled and established law. Accordingly, on behalf of my clients a taxpayers' demand is being placed upon you to advise the City Council of their mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors, and that upon their failure to perform this mandatory duty enjoined by law you will bring the necessary legal action to compel them to perform this mandatory duty enjoined by law, and to bring such necessary legal action to compel them to perform this mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors. Your failure to so advise the City Council or to bring such legal action will be deemed a rejection of this taxpayers' demand. I trust that your personal attitude towards this Charter Amendment and the political motives of some members and your supporters on Council will not cause you and City Council to ignore this mandatory duty enjoined by law. I have previously advised the City Council of this mandatory duty enjoined by law by letter dated August 29, The failure of City Council to fulfill its constitutional duty will result in the unnecessary expense of a special election and legal action. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3a 590, State ex rel Jurcisin v. Cotner (1984) 10 OS 3`d 171, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. Sincerely yours, Gerald W. Phillips Z/1*1L

89 SECTION 13.5 AMENDMENTS. The Council may, by vote of at least two thirds (2/3) of the total number of Councilmen provided for by this Charter, submit to the electors of the Municipality amendments to this Charter, and upon petitions signed by ten per cent (10%) of the registered electors of this Municipality setting forth any proposed amendment, such proposed amendment shall be so submitted by the Council. The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the ' Council shall determine the manner for such submission. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent amendments on the same subject are submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter, subject however to the provisions of Article X, Section (Ord ; approved by voters ) CONSTITUTION OF OHIO 14 [Etecflons.] AU elections and submissions of questions provided for in this zrticle shall be conducted by the election authorities prescribed by general law. The percentage of electors required to sign any petition provided for herein shall be based upon the total vote cast at the last preceding general municipal election. (Adopted September 3, 1912.)

90 (Ili#ig.af ^arz^ Piffage 350 DOVER CENTER ROAD BAY VILLAGE. OHIO Phonc: 440/ FAX: 440/ Revised TO ALL MEMBERS OF COUNCIL AND THE MAYOR: A Special Meeting of the City Council will be held on Thursday, September 6, 2007 at 6:30 p.m. in the Council Chambers of City Hall, 350 Dover Center Road, to take action on the items listed below: 1. Pledge of Allegiance *Koomar* 2. Roll Call 3. Miscellaneous/Announcements 4. Motion to convene to Executive Session-Litigation*Koomar* 5. Ordinance concerning a Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter*Koomar* 6. Adjournment Brian C. Cruse President of Council Charter Reference 2.11 EXHIBIT

91 References: Procedure Charter Article II - THE COUNCIL Section Section C.O Effective Date Council Rules for Legislation Roll call on suspension of Charter Rules: Every ordinance or resolution shall be read on three different days unless two-thirds (2/3) of the total number of Council members provided for in this Charter dispense with the rules. Roll call on suspension of Council Rules: No ordinance or resolution shall be passed unless a written copy thereof is before the Council...at least 24 hours before any meeting of Council at which action...is contemplated. Roll call on inclusion of the emergency clause: All ordinances and resolutions shall become effective forty (40) days after their passage by Council unless a later effective date is set forth or an earlier date is established. Resolutions to initiate any public improvement shall become effective immediately upon their passage and approval by the Mayor. It is required that two-thirds (2/3) of the total number of Council members provided for by this Charter vote affirmatively to enact with the emergency provisions. This clause allows legislation to become effective immediately upon passage and approval by the Mayor.

92 ORDINANCE NO. INTRODUCED BY: AN ORDINANCE TO PROVIDE FOR AN ELECTION ON THE ADOPTION OF AN AMENDMENT TO PROVIDE FOR THE ELECTION OF A DIRECTOR OF LAW BY THE ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, AND 11.2 OF THE BAY VILLAGE CITY CIIARTER AND DECLARING AN EMERGENCY. BE IT ORDAINED by the Council of the City of, Ohio: SECTION 1. That the question of the adoption of the following proposed Charter Amendment be submitted to a vote of the qualified electors of the City of at the general election to be held on the 6th day of November, 2007, at the regular places of voting in said City between the hours as provided by law: SECTION 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilmen provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, subnut to Council, as if an original appointment, the names of all department heads. Should a majority of the total number of Councilmen provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. SECTION 4.3 The Director of Law A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of Januaiy The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January

93 Ordinance No. 2 following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and heor she shall not hold any other elective or appointive public office for compensation. He or she shall be pernutted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D) Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E) Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilmen provided in his Charter nor until the Director of Law shall have been notified in writing of the charge against. him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge.

94 Ordinance No. 3 SECTION 11.2 NOMINATION Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered volers of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. SECTION 2. That the ballot for said election shall, at the top thereof, be entitled, "Proposed Amendment to City Charter Ballot." Below the title shall be listed the full text of the proposed Charter Amendment. Thereunder shall be printed, "A Majority Vote is Necessary for Adoption." The question to be submitted on the ballot shall be in the following words: "Shall the proposed amendment of the Charter of the City of TO PROVIDE FOR THE ELECTION OF THE DIRECTOR OF LAW BY THE ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, AND 11.2 OF THE BAY VILLAGE CITY CHARTER be adopted?" To the bottom of said wording, in boxes with appropriate places for marking, shall appear the words, "Yes" and "No", where each voter shall indicate their choice. SECTION 3. That the Clerk of Council is hereby directed to either publish the full text of the proposed Charter amendment in a newspaper of general circulation within the municipal corporation once a week for two consecutive weeks at least fifteen days prior to the election, or mail a copy of the proposed Charter amendment to each elector whose name appears upon the registration books of the last regular election held in said City at least 30 days before the date of such election.

95 Ordinance No. 4 SECTION 4. That the City pay the cost of printing and mailing copies of said proposed Charter Amendment or publishing said notice and the cost thereof is hereby appropriated from the Clerk of Council-Other Account ( ). SECTION 5. That the Clerk of Council is hereby directed to certify a copy of this ordinance to the Board of Elections of Cuyahoga County. SECTION 6. That this Council finds and deterniines that all formal actions of this Council concerning and relating to the passage of this ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and of any conunittees that resulted in those formal actions were in meetings open to the public in compliance with law. SECTION 7. That this ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare, and for the further reason that it is immediately necessary to place said proposed amendment on the ballot so the electors may decide the question proposed, wherefore this ordinance shall be in full force and take effect immediately upon its passage and approval by the Mayor. PASSED: PRESIDENT OF COUNCIL CLERK OF COUNCIL APPROVED: MAYOR 9/5/07 jk

96 v v uni r1llnu[ 94U D!I )!)I vv L I U r. L OItDINP.NCENO DeEeated INTRODUCEDBY:Koomar Four (4) Nays; xtoo ( 2j Yeas oad Counail Member Abeent AN ORDINANCE TO PROVIDE FOR AN ELECTION ON THE ADOPTION OF AN AMENDMENT TO PROVIDE FOR THE ELECTION OF A DIRECTOR OF LAW BY THE ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 43, AND 11.2 OF TM BAY VILLAGE CITY CHARTER AND DECLARING AN EMERGENCY. BE IT ORI)AIN'ED by the Council of the City of, Ohio: SEC'I'I N 1. That the question of the adoption of the following proposed Charter Amendment be submitted to a vote of the quallfxed electors of the City of at the general election to be held on the 6th day of November, 2007, at the regular places of voting in said City between the hours as provided by law: SECTION 4.2 Directors of Departments The head of each department sha11 be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shali be effective except with the concurrence of a majority of the total number of Councihnen provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assurued office, submit to Council, as if an original appointment, the names of all department heads. Should a majority of the total number of Councilmen provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved sha11 become vacant at the expiration of said thirty (30) days, and such persons shail be automatiaally diseharged from safd position. The Director of Law shall be duly admitted to the praetice of law in the State of Ohio. SECTION 4.3 The Director of Law A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law sltall be elected for a tenn of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shail be for a three (3) year term commencing the first day of January T7te ittitial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter fnr elections and nominations for elective offices. He or she shall assume office on the first day of Januaiy EXHIBIT :JY^r''^.^ ^5^ek ^. i `^i^ t^,^3

97 ,. V V, u.v nlyl 1, r vr chr villagt /51 N P. 3 Ordinance No following his or her election, and serve until his or her successor is elected and qualified, B) Duties: The Director of Law ahall serve the Mayor, the administrative ofecers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and sh'ail represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. Ha or she shatl be permitted to maintain a separate law practice or business notwithstanding his or her position as Direotor of Law. C) Qualifications: The Director of Law shalt have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified oleotor of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary doration not exceeding six (6) months by a two-tbirds (2/3) vote of the totat member of Council provided for in this Charter. He or she shalt be duly admitted to the practice of the law in the State of Ohio and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her clection to public office. D) Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E) Removal: The Council may remove the Dircotor of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in o8ioe of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such renwvat shall not take place without the caz<ourrence of two-thirds (2/3) of the total number of Councihnea provided in his Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine vvitnesses appearing in support of such charge. :s'=n'07'07 Ar, 9:11 CVS

98 , v vvnili ^,, vr anr villrgt 44U ^/l h/hl NU. 210 N. 4 Ordinance No SECTION 11.2 NOMINATION Any qualified person may be placed in nomin.ation for any elective office oreated by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal eleotion in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate fnr Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Bach signer of a petition shall sign his name and after his name shall designate his residence. A regastered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that of3ice at the election for which the petition is filed. S CTION 2_ That the ballot for said electlon shall, at the top thereof, be entitled, "Proposed Amendment to City Charter Ballot." Below the title shall be listed the fu(1 text of the proposed Charter Amendment. Thereunder shatl be printed, "A Majority Vote is Necessary for Adoption." The question to be submitted on the batlot sha11 be in the foaowing words: "ShaB the proposed amendment of the Charter of the City of Bay V1IIage TO 1'ROVIDE FOR THE ELECTION OF THE DIRECTOR OF LAW BY TIM ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DII2ECTOR OF LAW BY AMENDING SECTIONS 4.2,4.3, ANb 11.2 OF THE BAY VILLAGE CITY CHARTER be adopted?" To the bottom of said wording, in boxes with appropriate places for marking, shali appear the words, "Yes" and "No", where each voter shall indicate their choice. SECTION 3. That the Clerk of Council is hereby directed to either publish the full text of the proposed Charter amendment in a newspaper of general circulation within the municipal corporation once a week for two conscoutive weeks at least fifteen days prior to the election, or maii a copy of the proposed Charter amendment to each elector whose name appears upon the registration books of the last regalar election held in said City at least 30 days before the date of such election. gsei'0`?'gi7 AM 23. CE^65

99 1 Lvv v vvnlyl Vi i vr nnr vfllaut 44U tl/l 7/71 NU LIU Y. h OrdiuanceNo ECTI N. That the City pay the cost of printing and mailing copies of said proposed Charter Amendment or publishing said notioe and the cost thereof is hereby appropriated from the Clerk of Council-Other Account ( ). SECTTON S. That the Clerk of Council is hereby directed to certify a copy of this ordinance to the Board of EIections of Cuyahoga County. SRCTION 6. That this Council finds and determines that aa formal actions of this Council conceivin,g and relating to the passage of this ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with law. SECTION 7. That tliis ordinance is hereby declared to be an emergency measarre immediately necessary for the preservation of the public peace, health, safety and welfare, and for the further reason that it is immediately necessaty to place said proposed amendment on the ballot so the electors may decide the question proposed, wherefore this ordinance shall be in fitll force and take effect immediately upon its passage and approval by the Mayor. PASSED: Defeated; September 6, 2007 Four (Nays)MeaArs.Darbou>:, Cruse, Koomar, Pohlkamp Two (Yeas) Mr. Scott,?ir. Young?ir. 2i+mexman abseut PRESIDENT OF COUNCIL CLERK OF COUNCIL APPROVED: MAYOR 9/5/07 jk Cturk orthb Council of tite Ct of 8ay Village, plilb, Ijcrtlby c6rtify the fqrcgoing To pe a trde arpy ot Or[linanoc No. o;j- ^.^^peed by the 0^iunc+'il of the Resoldtion No. ^CityofBsftillage,20-eZ, andnowon K4ir3n the office of the Clerk cf Councit. Clerk ofcpyncit SEPO7107 AV, 5:$1 C^15

100 CUYAHOGA COUNTY BOARD OF ELECTIONS Jeff Hastings Inajo Davis Chappell Robert S. Frost Eben O. (Sandy) McNair, IV Jane M. Platten Pat McDonald Chairman Member Member Member Director Deputy Director Date received: September 7, 2007 Receipt Filing Entity (Contact name, title, name, address, city, zip code, phone number) Joan T. Kemper, Clerk of Council City of 350 Dover Center Road, OH Document Received: Fax: certified copy of City of Ordinance NO to provide for an election of Director of Law and advising the legislation was defeated. Received by Board of Elections staff member: Brent E. Lawler EXHIBIT 2925 Euclid Avenue Cleveland, Ohio (216) Ohio Relay Service 711 ' 9(^F-JPItl n^ +m

101 i.. v V 1 V, V 1 111II ^i v unr villhvl 44U Of I U. Z I U Y. I ^ttv orf i'mal^ MUtUai^.^ 350 pover CENT$R ROAD BAY YII,LAOB, OH OFFICE OF THP COUNCiL BNidn C. Cruse President of Coonci! MaNtB, Barboar Council-at large James E. ScaB Council-at-largo Danald L. 2Fmn+ermaa Ward 1 Pard A. Soomer rvice Presldent of Council Word 2 ScottA. Polalkamp Ward 3 Michael A. Yowtg Ward 4 Mr. Brent Lawler, Assistant Manager Candidate & Voter Services Division Cuyahoga County Board of Elections 2925 Euclid Avenue Cleveland, OH Dear Mr, Lawler:. September 7, 2007 Please find enclosed certified copy of City of Ordinance No to provide for an election of a Director of Law by the electorate, and to provide for the Office of the Director of Law by amending Sections 4.2, 4.3, an.d 112 of the City Charter and Declaring an Emergency. The ordinance was defeated by a vote of four (4) nays and two (2) yeas at a special meeting of Council held September 6, Phane: Fax; Joan T. X'emper Clork of Council Very trnly yours,!&ffiac^ ti3. Jo an T. Kemper Clerk of Council En.closures VIA Fax (216) tyofpayvitlage.com

102 . I.LVVI u.u ny ^, i r ur nnr villrgt 44U S/I 7l7I NU LlU Y. 2 ORbIN'ANCENO DaPeated INTRODUCED BY; Koomar Four (4) Nays; 'itoo (2j Yeas Ortd Counc 7. Member Absent AN ORDINANCE TO PROVIDE FOR AN ELECTION ON THE ADOPTION OF AN AMENDMENT TO PROVIDE FOR THE ELECTION OF A DIRECTOR OF LAW 13Y.TI3E ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF TIIE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, AND 11.2 OF THE BAY VILLAGE CITY CHARTER AND DECLARING AN EMERGENCY. BE IT ORDAINED by the Council of the City of, Ohio: SECTION 1. That the question of the adoptlon of the following proposed Chsrter Amendment be subniitted to a vote of the qualified electors of the City of at the general election to be held on the 6th day of November, 2007, at the regular places of voting in said City between the hours as provided by law: SECTION 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a deparpnent shall be effective except with the concurrence of a majority of the total number of Councilmen provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office ofthe Mayor ahall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment, the names of all department heads. Should a majority of the total number of Councihnen provided for in this Charter fail to approve any or atl of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of aaid thirty (30) days, and such persons shail be automatloally discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. SECTION 4.3 The Director of Law A) Elective Office: The Director of Law shaii be an elective office commencing wlth the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commenaing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume offica on the first day of January ;007'0:" ar: `q. 1.'i C'.ES

103 V.cvv hiv I i,iir vt tshy YILLHGt 44U S/1 h/h1 Nu. Z1U P. 3 Ordinance No following his or her election, and serve until his or her successor is elected and qualifled, B) Duties: The Director of Law shall serve the Mayor, the administrative officers, a,nd departments, Council, officers and boards of the Municipality as legal counsel and attomey and sltall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perfortu ail other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Couneil or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appoint3ve public office for compensation. He or she shall be permitted to mainfain a separate law practice or business notwithstanding his or her position as Duector of Law. C) Qualif'taations: The Director of Law shall have been for at least three (3) years immediately prior to his or her cleetion both a resident of the. Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requiremen.t may be waived in an emergency of temporary daration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly adrnitted to the practice of the law ln ttie State, of Qhio and " continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least thm (3) years prior to his or her election to public offiqe. I)) Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E) Removal: The Counoil may remove the Diteotor of Law for gross miseonduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilmen provided in his Charter nor until the bfreator of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. al=p07' 17 oti 9^1 1- CVS

104 . atr. i. Yuu c:uonv MY Uh eay Vl LLAGE N0.210 P. 4 OrdinanceNo SECTION 11.2 NOMINATION Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective offiae other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Counciltnau at Large), signed by tbe registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shail designate his residence. A registered voter may sign as many nominating petitions fnr different candidates for a particular elective ofrice as there are elective positions to be filled in that office at the election for which the petition is filed. SECTION 2. That the ballot for said election shall, at the top thereof, be entitled, "Proposed Amendment to City Charter Ballot." Below the title shall be listed the full text of the proposed Charter Amendment. Thereunder shall be printed, "A Majority Vote is Necessary for Adoption." The question to be submitted on the ballot shall be in the fvllowing words: " Shall the proposed amendment of the Charter of the City of Bay ViIlage TO I'ItOVIDE FOR THE ELECTION OF THE DIRECTOR OF LAW BY TIIE ELECTORATE, AND TO PRO'VIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, ANI)11.2 OF THE BAY VILLAGE CITY CHARTER be adopted7" To the bottom of said wording, in boxes with appropriate places for marking, shall appear the words, "Yes" and "No", whexe each voter shall indicate their choice. SECTION 3. That the Clerk of Council is hereby directed to either publish the full text of the proposed Charter amendment in a newspaper of general ciroulation within the municipal corporation once a wock for two conseoutive weeks at least fifteen days prior to the election, or mail a copy of the proposed Charter amendment to each elector whose name appears upon the registration books of the last regular electton held in said City at least 30 days before the date of such election. 5EPO7507 W, 9:11 COS

105 , aer. 1.iuul tl,ubam CITY OF BAY V[LLAGE N0.210 P. 5 Ordinance No a SECTION A. That the City pay tbe cost of printing and mailing copies Qf said proposed Charter Amendment or pubiishing said notice and the cost thereof is hereby appropriated from the Clerk of Council-Other Account (100,112,54900), SECTION 5. That the Clerk of Council is hereby directed to certify a copy of this ordinance to the Board of Elections of Cuyahoga County. SECTION 6. That this Council fmds and detennines that aa formal actions of this Council concernirig and relating to the passage of this ordinanoe were taken in an open meeting of this Council, and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with law. SECTION 7, That this ordinance is hereby declared to bo an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare, and for the farther reason that it is immediately necessary to place said proposed amendmont on the ballot so the electors may decide the question proposed, wherefore this ordinance shall be in full force and take effect immediately upon its passage and approval by the Mayor. PASSED: Defeated: September 6, 2007 Four (Nays)MesArs.xarbour, Cruse, Koomar, Pohlkamp Two (Yeas) Mr. Scott, Mr. Young Mz. Ztmmerman absent PRESIDENT OF COUNCIL CLERK OF COUNCIL APPROVED: MAYOR 9/5/07 jk i. ^ AIZZ, Ciork of the Council af the Cit d8ay Villagc, Ohtb, ncreby cfxtify the fqrcgoing 1o pe a trde Wpy of'o.r<linana: No. d7f,$^pted by the^puncil of the Resoldrion No F^-r 'Citynf$ay`VfIlage li`16 2q^andnowon fdaiq the otrce of the ^terk of Coun Clork of Cugncft seia07'07 F+tt 9:11 CvS

106 SECTION 13.5 AMENDMENTS. The Council may, by vote of at least two thirds (2/3) of the total number of Councilmen provided for by this Charter, submit to the electors of the Municipality amendments to this Charter, and upon petitions signed by ten per cent (10%) of the registered electors of this Municipality setting forth any proposed amendment, such proposed amendment shall be so submitted by the Council. The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the Council shall determine the manner for such submission. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent amendments on the same subject are submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter, subject however to the provisions of Article X, Section (Ord ; approved by voters ) I EXHIBIT

107 PE1'1'1'lUN FOR SUBMISSION ur' YKUPOSLll ^ AMENDMENT TO CHARTER ^2^iv-i; P^3^i.9^ 1vOTICE Whoever knowin gly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative aa}(hority of thecity of, Ohio: We, the undersigned electors of the City of, Ohio, respectfuily petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for subniission to the electors of the City of, the following proposed amendrnent to the Charter of to-wit: Aw.psed Charter Amendment A Proposed Chg. ror AmeR#j4uent to pl^ovide for the election of the Director of Law by the el'torate, w to prq,y^le for the office of the Director of Law by ameptling Seetto:lus 4.2, 44, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the tiffice of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a tenn of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year tenn commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections 4Ud nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the adtninistrative officers, and departments, Council, officers and boards of the Municipality as legal couii:^l and attptney and shall represent the Municipality in all proceedings in court or before any administrative body. I^ 0j she s.jtall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayot. WB (ir she Aall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unles^ btherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director nf La:w 6hall.be.an employee of the Municipality, and he or she shall not hold any other elective or appointive public <sf&e for compensation. He or she shall be permitted to maintain a separate law practice or, business notwithstanding his or her position as Director of Law. C) Qualincations: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Muriicipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly adnutted to the practice of the law in the State of Ohio i m EXHIBIT

108 and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public ofeice. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without liniitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby desigaate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signa[ure riaea in Ink or Indelible Pencil Place of Residence Date Bay V illage ^ ^ p 7 Y^C^ a 6 C f^] I ^ L)R ; S ^^. BayVillage g ^^ O 4. 10O 3l/^^ ^(/c {^^ '], 8. 9.

109 Circulator Statement I4^^L declare under penalty of election falsification: that I am a resident of the State of Ohio and I resi e at the address appearing below my signature; that I am the circulator of the forgoing petition containing signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE ^,, ^/OCi /?d ccj (Stree[ end Number) 1 (C^ty Zip Code)

110 PETITION FOR SUBMISSION OF PROPOSED 12 AMENDMENT TO CHARTER N {1'H a"'d: 4NiY^jx Atr kc3awjn ^Iv signs tiii7b t'c4ilion r42e1: e tlr^tn 1iIlc.e, cit7[f,^' a F.1.'sYmc r3tlsef at7an ^i.s 1ne p'1, or iigns ke 11z-1A tfrr :^ es; s; ti oter, is liai`ir to prosccutitirr. To the Clerk of City Council, the legislative authority of the City of Bay VilIage, Ohio: We, the undersigned electors ofthe City of, Ohio, respectfully petition the legislative authority, :he City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2,43, and 11.2 of Bay Vil(age City Charter Section 4.2 Directors of Departments The head of each deparfinent shall be a director appointed by the Mayor and who shall serve at the pleasnre of the Mayor, except for the Director of Law who shall ba elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councihnan provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all deparhnent heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law.' A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term I of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. 13) llnties: i ne llirector ot Law shall serve the Mayor, the adnllrnstrauve othcers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attomey before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter ^ imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by I this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her I office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective I or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or ^ business notwithstanding his or her position as Director of Law. ^ C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of I Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio i I E3(HIBIT ^ N ^1

111 anz shall continue to be duly admitted to the practice of law in the State of Ohio during the tern-t of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Cowicil may remove the Director of Law for gross misconduct, malfeasance, nrisfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Slgnature naen in Ink or lndelible Pencil Place of Residence Street and Number Date _2i7 0`7 12. ^ ^(p)- 00 ^ 1" Mn C)y- ^ p7 3 - J AJ ff-/'/c S 3o b 4. ''^^ 0' 3o 0 5. pj- 6. )^X. Bay Viflage 7. ' C^ 3, ^ ^ ^U! ^^ G?3/ D ^ le 9 3 ( f/^yjc(^!o j L^S^Village ^ y 3 (^ ^ 2 `^^

112 ^ ^^-'G^ 12. P dc D j J C Q) 3( o^ 1 ; / ^(^ j Q^ 1 (0 18. a/g L/U p 'L 5 ^,i n jz 'e-k 3058( 17A1.6rslZ L4,-JE BayVillage S 3( 0- j22. J S^ 61' ^7 "^ 51C^c lez? Bay vitlage Bay village 5 3 ^ J Circulator Statement i, ^. Yl G l- C/P2, declare under penalty of election falsification: that I am a resident of the State of Ohio and reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing _Q,^l signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attomey in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE A LrA%c-c^ rz (Signature ofcirculator) JS&s,r^ (Street and Number) 3^Gs w azqc /)17 ( and Zip Code) 3

113 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER /3 1()lit I!4Ewel-er' lceaowin ^Ircit;ns this 1'etiritrn anore thsrn ua:c c. ^iv;rin :e name other thai:r his uititi, ra siarn^,,a iieii n^,^ le^.ei woter, i^:!iatt^e to prosecoiioo. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of Bay ViIlage City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, subniit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the fust day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified_ B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be pemiitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qua.lifieations: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXNIBIT N L

114 and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her orlice. He or slre shall have practice law in the State of Ohio continuously for at least three (3) years prior to his oi- her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a conunittee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signalure ritten in Ink or Indelible Pencil Place of Residence Strce[ and Number Date 1. ^Z. 376.,r^ (^ g U 2 ^/[qgfc^ ^^ r ^ ^ Q 3. IC W fyl^(o L ^, >j l 0 / 4.^ 3!1 ( PI ^ (n10lc /^ n ry^ Bay village O Jj OS' G^ 5 pt '^a r ^ ^ 7 6. G ^ ^ '] 8. g, liay Village 2 6^^

115 Circulator Statement I, / Vaf)G j L!!"C-tl ^led^declare under penalty of election falsification: that I am a resident of the State of Oht 'o and I si(le at the address appearing below my signature; that I am the circulator of the forgoing petition containing ((-,) signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE ^ 7,3trGu*^ (Signature ofcirculntor) r2`l13^ fi.'-sbov'// (s(reet and umber) 1 ily and Zip Code) 3 ^-1

116 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER 2-3 )<rrs-acra 4ar 11,lc'141 kyiillvkr4r1v ^lr11s this ElCI1r1Uf1 [il(lcc illkel9 IfAC4'.S! 'ti,ti a 7T8!%il' 42tbE'r fhtlgd lyft u1ci3..in elgir^^ s4 ^l^ b yst ^ ier, r4liuiijr lo ps osccuiinn. fl,il To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 43, and 11.2 of City Charter Section 4.2 Directors of Deparlments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councibvan provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councihnan provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons sball be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and quali ed. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio I I EXHIBIT w J 2

117 and's.ball continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her o413ce. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take placa without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without liniitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a conunittee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Slgnature 'ritten in Ink or Indelible Pencil Place of Residence Sireet and Number Date 1. ^ ^. s!l^t7! ^x3icjv,^pc7^g" ^ 2.,) 3. ^^ ^Y 0 _,2 4. ^ Z$ 0 S 6. (^SOS bs^c7/t 3^ 1^(/^ BayVillage r J1 J 3 1 ^;<luwor,sp c,!/e^^ 8. L l/^.^^^1! ^ i..^ ^ 9. /n

118 10. LL `i CJ ^ ^ ^ 3$ I ^ - r{ P/1 ^- y v2 C^ BaY Village 14. ^^^i/{ t.' 15. 2! y" ^ Q 6^kl3Z9-C4-- 2,r ^.c>_m-, `S L uco't ti Circulator Statement i, JU t I.Q, L. CQSAt Q'(, declare under penalty of election falsification: that I am a resident of the State of Ohio and I res'de at the address appearing below my signature; that I am the circulator of the forgoing petition containing signatures; that I witnessed the affxing of every signature; that all signers were to the best of my knowledge and belief qualified to siga; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF TI3E FIFTH DEGREE (Signa(ureoTCirculator) (S[reet and Number) Wl 1^A^^,^ (^id ^(-t<<-lc^ ^ (Cflv anl a Code) 3 2.'^

119 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER \4111( d'. OV- /^lv^yt i`1 114 rrl C1 4<d1uH ialf 1F`i^,3)s Rh15 Pe^it1[1P) [;T(!S"c CI731n u,3r(-. +il;i3d ;^ 7FaCFnoAhc^- tfl:ln ^ai1 utitifi. ui'?i^f^5.<fic^1 EI^-;. ai..ti ti^ltr, 1. Ii^^l:fe tu N'esict-u ii[1i. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meefing of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4_3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term cotnmencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attomey before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law sball be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of'the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio I EXHII3IT N-LV

120 and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may reniove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature diiiaijn Ink or Indelible Pencil Place of Residence Street and Number Date Mo. Da // Vi e O 2 k ^Qqq7y ^^ _ BayViliage b6 QL/ _111^' 3. ^9y fz. 4 ^ 3a ^h G f /^(y 6. I'-^}Le) g6^ 7. Sj 11 D / 26 dq 0"7 g 9. ^ Ala'dt'l C&- Vk).^ru 2 ^ oq b"r / 6b lp^ ^-

121 lo. p,/ u { ^5 v^.^' l p 1-7 ^ y U ay Village 17. :Jl ^ci4 MLA'r i 4t l[k l/ K -OHy Village rrr ^ /32 N,<JlvTL1C^^ ^c^ ^ j 19 ^ ^ G p A ^ay Village (o cq 22. ' ^ac 2(90 ^ ^ j L O n ^ l 1 D^ BayVillage ^ S ^ ^^ Cb U /" ^a2^t tj^ `a-)`' ^ S U 24. ^v ej' 25. ^ ' Circulator Statement I, r, (4cr R, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 2!;:- signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE Signatdre of Circulator) (Street end Number) (C ^ -P ty and Zip Code) 3 24

122 Art. XVIII, 8 Art. XVIII, 9 $ [Submission of question of election of charter commission; approval.] The legislative authority of any city or village may by a two-thirds vote of its members, and upon petition of ten per centum of the electors shall forthwith, provide by ordinance for tho submission to the electors, of the question, "Shall a commission be chosen to frame a charter." The ordinance providing for the submission of such question shail require that it be submitted to the electors at the next regular municipal election if one shall occur not less than sixty nor more than one hundred and twenty days after its passage; otherwise it shall provide for the submission of the question at a special election to be called and held within the time aforesaid. The ballot containing such question shall bear no par ty designation, and provision shall be made thereon for the election from the municipality at large of fifteen electors who shall constitute a commission to frame a charter; provided that a majority of the electors voting on such question shall have voted in the affirmative. Any charter so framed shall be submitted to the electors of the municipality at an election to be held at a time fixed by the charter commission and within one year from the date of its election, provision for which shall be made by the legislative authority of the municipality in so far as not prescribed by general law, Not less than thirty days prior to such election the clerk of the municipality shall mail a copy of the proposed charter to each elector whose name appears upon the poll or registration books of the last regular or general election held therein. If such proposed charter is approved by a majority of the electors voting thereon it shall become the charter of such municipality at the time fixed therein. (Adopted September 3, 1912.) 9[Amendments to charter; submission; approval.] Amendments to any charter framed and adopted as herein provided may be submitted to the electors of a municipality by a two-thirds vote of the legislative authority thereof, and, upon petitions signed by ten per centum of the electors of the municipality setting forth any such proposed amendment, shall be submitted by such legislative authority. The submission of proposed amendments to the electors s}iall be governed by the requirements of section 8 as to the submission of the question of choosing a charter commrnission; and copies of proposed amendments may be mailed to the electors as hereinbefore provided for copies of a proposed charter, or pursuant to laws passed by the general assembly, notice of proposed amendments may be given by newspaper advertising. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of the charter of the municipality. A copy of said charter or any amendment thereto shall be certified to the secretary of state, within thirty days after adoption by a referendum vote. (Amended January 1, 1971.) EXHIBIT

123 IN THE SUPREME COURT OF OHIO State of Ohio ) CASE NO City of, ex rel. ) ) Committee for the Charter Amendment for ) ORIGINAL ACTION IN an Elected Law Director ) MANDAMUS Lucian A. Dade, Chairperson, et al ) Relators EXPEDITED ELECTION CASE V. City of et al Respondents RELATORS' EVIDENCE VOLUME III (AFFIDAVITS-EXHIBITS P-11) Gerald W. Phillips ( ) Phillips & Co., L.P.A. P.O. Box Windward Way Avon Lake, Ohio (440) Fax No. (440) gwphi1150@yahoo.com Attorney for Relators srp l 4 10V CLERK OF COURT SUPREME COURT OF OHIO Stephen M. O'Bryan ( ) Counsel of Record Patrick J. Krebs ( ) Majeed G. Makhlouf ( ) Taft, Stettinius, & Hollister LLP 2000 Public Square Suite 3500 (216) Fax No. (216) sobryanntaftlaw.com pkrebs@taftlaw.com mmakhlouf a,taftlaw.com Donald J. McTigue ( ) Mark A. McGinnis ( ) The McTigue Law Group 550 East Walnut St. Columbus, Ohio (614) Fax No. (614) meti,,zuelaw@rrohio.com Attorneys for Respondents

124 The Relators who hereby submit the attached Relators Evidence Volume III in the herein original action. Respectfully Submitted; Gerald W. Phillips ( ) Phillips & Co. L.P.A.. P.O. Box 269 Avon Lake, Ohio (440) Attorney for Relators Proof of Service A copy of the Relators Evidence Volume III has been personally served upon Stephen M. O'Bryan, Taft, Stettinius, & Hollister LLP, Attorney for Respondent, 200 Public Square, Suite 3500, Cleveland, Ohio pursuantto Ohio Supreme Court Rule 1, 3 (A) this 24'' day of September Gerald W. Phillips ( ) Attorney for Relators

125 RULES AND INSTRUCTIONS FOR CIRCULATING A PETITION 1_ The signer must be a registered voter in the city of. Verify this before you allow people to sign. You can register a person and then have them sign the petition by using a voter registration card. 2. You must watch each signature written on the petition_ The signer must be in your presence when he or she signs. 3. Do not let anyone sign the petition for someone else. Each person must sign his or her own signature. A spouse cannot sign for the other spouse. There is one exception having to do with Powers of Attorney, but it's too complicated - don't do it. 4. The signer should use his or her legal name as it appears on his or her voter registration card. They should not use Mr. or Mrs. A new voter registration card must be filled out to record a name change. 5. The petition must have signatures in the signature block, not printed names. In case a signer's signature is not very legible, the signer may print his or her name and place both his or her signature and printed name on the same line of the petition in the signature block. 6. The signer should complete the petition. The signer must place their signature on the petition, and print the address information. If the signer has just moved, then he or she should fill out a new voter registration card to register the change of address with the Board of Elections. The registered voter's current address must agree with the Board of Elections records to be a valid signature. Have the signer put the date in the space provided. 7. Only one circulator per petition form. The petition foms is personal to the circulator. A circulator cannot give his or her petition foffn to someone else to obtain signatures. For instance, a husband and wife both soliciting signatures must each have their own form. B. A circulator cannot sign his or her own petition, but a circulator can sign another person's petition. 9. All signatures must be in ink. 10. Signatures may be crossed off on the petition if made in error. 11. A person may only sign on the petition form once. 12. Ditto marks may be used for the address and date. 13. All voter registration cards for newly registered voters or for name and address changes should be kept by the circulator and turned in with the petition. 14. Make sure the petition is complete when turning it in. The circulator statement at the end must be filled out once you are finished circulating the petition and you're ready to tum in your petition. Do this when you come to turn the petition in so we can watch you sign and check the completeness and accuracy of the circulator statement_ 15. If you have questions, call Karen at (440) or Alex at (216)

126 PETITION FOR SUBMISSION OF PROPOSED /a AMENDMENT TO CHARTER /-/, /zr'-s rzc-fc NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term conunencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the tenns and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT GN^ I

127 and slsa.ll continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councihnan (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature Place of Residence Street and Number Date Mo. Day Year 7 I^ ^7 2. Lt ^ c ^ do? d ^rl. ^^ ^ A ` (^ S^U / LWt CJ i (^,1 ^ l^a ^ t,1 ^' t._- ^4 f ' 7 ti l ti '?...7^. ` 1 7? i:. 3,,/^ ) ` A!G^ t^ Pay Village 7 I 3 LZ _- WM '.-, ja D /.^s ^/fa" Bay Y Village 1U

128 ' 10. F ^ rti ^(, ^^1\ 1 1^hCO^h ^^0 Bay ViBage 0( 1 L,e^ _j/ry il fd bi 12. ^ ^ ^ ( I ^ZLc S SE-^ ^ Ic^c ZCj Z ZS'IO/i 0rBdCAl PP a-f 6. Z.^ ay Village -Z 0' BayVillage 19. M G^L^^r/3 /` / ^ / bn&/d'z /vk BayVillage Bay Vitlage Circulator Statement I, 6e,! declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE alure of Circulator) t,',) U^^^, (StreetandNumber) O)f yv,yu ^ty and-zip Code) LU

129 PETITION FOR SUBMISSION OF PROPOSED 14, AMENDMENT TO CHARTER -:97 NO?fYCE Whoever?znowingly signs this Petiteon more than once, signs a name other thaas his own, or signs when not a legal vnter, is liab7^ to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the offce of the Director of Law by amending Sections 4.2,4.3, and 11.2 of Bay ViIIage City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an dl"ection to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her elecrion, and serve until his or her successor is elected and quali,fied.... B) Duties: The Director of Law shal] serve the Mayor, the administrafive officers, and departrnents, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT ^^

130 and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opporhmity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nontination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Sigaatur e Place of Residence Street sad Number Date Mo. Day Year Q$.7a 2. 6S) ^j Zy Q^ 3. BayVillage 4. da_ ^nyine-& e-z17?g0o0i9 BayVillage am ^. ^ ZS ^ 6. 1,Ap Co Bayvillage azs ^ rd M:-/'h1e. 1Li V^ Bay VIllage g 8 ^^ (}(ktgsan^zv ^ 9., ^ ^^s z^^4 Lrvco^^ ^ BayVSllage W^ ZS d7 a^ ^ (7vr,^ S A5 671 ^J^

131 10. O.Z47 kouq/,y0ca2.r^ &^ i7 ^ 2r c ^1 2-1 $-30 (,!X- ^" p7 13. a'a70 7 1C^)1-C.4eF^oc4eeVBayVillage 14. f 2t(^ (^ 2G [ E^^c J 1. ' zm w, p^ ^ Z 07 BayVillage 18. Z(3 tp o^^ ^ BayVillage g Z5 6^ / Circulator Statement I, /^^ t^3ly )k-s^(^i^, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 2 C) signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attomey in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE 81

132 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER NOTICE l^ /4-rg7) /3 c-ly Whoever knowin gly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so subnutted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perfonn such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT 1 ^

133 and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councihnan (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality_ Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective offrce as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Siguature r^` / Place of nesidenee 1nkalpdCll`IePencin^L^l / StreetandNumher Date D 1, ^ Za 2. f=- ( Z 3, I (Q c^ (.0 2-o , 8. 9, H

134 10. (Y,- 26 (1)7 I 1. 7 / 3`f 7/3 b 13. ^ ti3 ^ ^ ^ ^ ^f 7 ^^^L,l^ ^^ 15. '^ `-lq LE d Q^t_^ 16. lv ^l O ^ 17. o- ^ 18. \ ' a ^57 i ^ ' '"^3 ' /P ^ ^J : ^ BayVillage ^ ^ Z98o Q ^oo^e {^^ 23. I ZL.^/ ;^Yfb Villa e BaY g U 24. ^%0 lp ^ aq ^ Circulator Statement I, WkVe 0-k L' V lf2 AsC t,l, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the addre s appearing below my signature; that I am the circulator of the forgoing petition containing Go signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signamre of Circulator) (StrcctandNumber) bufte---cl - end Zip Code) irl

135 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER NOTICE I4 ^hr,^ips Whoever knowingly signs thispetitiun mure than-ovee; signx a name-other th^an his ewn; or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years inunediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EJ(H^a^T s j

136 arid shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opporhuuty to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councihnan at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature Wtten in Ink or Indelible Pencil Place of Residence Date ^ ^^ 1C C tt <<Col* 7 3 U7 4, 7 3 G, 5 ^ ^251^3 r^ r4(.'/c^( g %..! Qr 6. Vv, ^ 7. 6i '^.i C_.. Bay VIllage 9 i'+

137 10. Bay Villa e J=i ^ii^^ l:, g t /3 C%7 /^ 3 ' 11. -'e3c-cct t6zj GC ^-tc E1'J'/G' j /^soiz= ^^^ /3 c?7 12. ^ X3 ^ /Gcra b /1 ^.. ^, ^^/(^C ^- ^ ^r`^ jbfi^hc^lszrr' 1^ ^' ^ ^J!/^^5 ^^C) 1 ^ ) b l o 2 yl( &4 7 ls!o J 2CoQ S^^ ^^ ^ p^ 25. Circulator Statement I! t I cs^ i 3k S^, ^1 ^ It^ tfo5, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing Z ' tures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belie lified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE \L 2L ^C 't (Signature of Circulator) Zr'1 1 U 1 t;^ t LZL. l-y`- i.1 aflap ( t and Number) n-r 4414^) (City and Zip Code) 14

138 PETITION FOR SUBMISSION OF PROPOSED G}' AMENDMENT TO CHARTER J NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councibnan provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so subniitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year tenn commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions ofthis Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separats law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her tenn of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT ^ ^^^

139 and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to lus or her "election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross niisconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councihnan at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; 3igaatare ritten in Ink or Indelible Pencil Place of Residence Date Da Y 1. C/^Vl_c du'" 4^ l ^^" - ^j 7^ I^ 2 re ^^ cj ^ O CD 2. BayVillage 7 Cf U 3. ^ ^^ /< I.^^ ag^[^ci ^j 7 0 ii (^DG^t^ 3 d^^^ /2 a v 4^ /JSL,Q(v-- -7 ^0 C ( 9. 7 G'i

140 ^ 13.' ^ 3 a 14 ^^ ' ^^^s L ^G ^t ^ -^76) CJ Circulator Statement I, /,^e, declare under penalty of election falsification: that I am a resident of the State of Ohio anc^ I resid t the address appearing below my signature; that I am the circulator of the forgoing pe6tion containing signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and elief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signature of Circufator) t a5^x^ri1 ^1, (Street and Number) Z(,3, n,'`l^ee..,o;d'-^ ^1^1D (City and Z' Code

141 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER Z3 )2-r-sn-ofz '% i)t)(l:: ^flr.c"t c7 `indtiwir rlf '+ic!ns t'hif l. 'eqiti7r[1 iylqrl: ll3m11 ^1ncC. 4i ^ i.^ a tlikrnt' othur tltar h fh ultti o3' kl}^tl'. +u ft+'h ilfl! t<.;ai titlrt'r', iti lia^ll' {C1 1)!'01t't'lt[E0R1. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2,4.3, and 11.2 of Bay V'illage City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said fust rneeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of ofhce upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the fust day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the Stats unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio I EXIIIBIT

142 . and s.11al1 continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her oifice. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take plac without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or exaniine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voter: of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilmai (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature (Written in Ink or Indelible Pencil) Place of Residence Date...,.....,.a 2. r-^ 4 07 / 3-61a O'^2 4. zno^j asb S 6. ^M ^I^ISa C ^^ bs JL^ 7. J^ L iuwono ;L>-+J 8. 9, 4 4 ^- 2 /Zi)

143 10. -'^.. ^j G a.:;"j 1 l. f 3 g ^ a r^c { ^ 12. % ^^ ^ ^J ^^ ^ ^ YC ^ 13. ^f ^J^tGUrt^ T7 5^ U1J/^ ^^ /C^. 14. Bay Vilfage f-) ^.^ 15. 7^ 16. r' '^ 7 7 v/ BayVillage S- - J Circulator Statement I, ^U ^ l Q L ^ P j^ t Q C declare under penalty of election falsification: that I am a resident of the State of Ohio and I res'de at the address appearing below my signature; that I am the circulator of the forgoing petition containing signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMIVIITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signature of Circulator) Z^^ s t 3 C^ ^6^frrt ^^. (Street and Number) 3 2.-^

144 PETITION FOR SUBMISSION OF PROPOSED J AMENDMENT TO CHARTER 'VOT-^.rr; Wboever knowingly signs this Petition more than once, signs a r^ame other than his own, or suguis when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Secfions 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the fnst meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automaticaily discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the fust day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio

145 and`shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petifions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at (he election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature ritten in Ink or Indelible Pencil Place of Residence Date 1 ^C^^ - ^^ ^ 3iI3`1 ^, 9 z Qa ^y ^ C 1 9 bs u)' O ZS 3; ^ ^ ZS' U) 4.^ ^\^C Z$3^^ d^^t2t^^^ ayvillage ZS ljyt 5, 67 ( L[I (J ^ 1 ^. ^ ^ 2-rj () 7 ZZ). O (//!^71 0_2 8, ay Village d 3 9, J/S Z 'e $ ZS 61 _t^

146 0 &4YL'^ ayvilla S ` -y^^^ BayVillage ^' 12. Bay t age Circulator Statement I, '(-es t4r, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing \1 signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attomey in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signature of Circulator) 0S6(Yl 'Q,A. (Street and Number) 60 ^

147 The Supreme Court of Ohio Offrtt of Y4e QIlzrk RECEIVED OF 1' h' Co. ^ L. P A. kl N2 960 ONE HUNDRED DOLLARS, Deposit for Costs. ^ ^ G-12 e ^c re_^. ^r^.+^ }f ce ^or i-(^ ^ G^^^^1,'4M2n dlma.r^^ ^ f c,^ ^ (^c_{' t A^t+-cJ CASE No. (5?.- {(9^-7 [^ VS. ak ^7C.-r /` t^c G 2{ 0.^ Zon7 FILED 3-40Y9-- By DEPUTY EXHIBIT The Supreme Court of Ohio Office of the Clerk 3 $40.00 N RECEIVED OF ^ k i i 1 ^ )- (^o. < L.P.A. FORTY DOLLARS, New Case Filing Fee. ^+0"fc. of 0 Ko ex ref. Corvw^tiee CASE No ftco ^ Por {i.^ Ck-r{-c.r A Menj,,,eri -^or a..cfecf^d (_o`.u^ Uc'eci-*or VS. 1 O G FILED 20 -Oi By L^^ U ^ ^ ^ DEPUTY

148 SECTION 4.2 DIRECTORS OF DEPARTMENTS. The head of each department shall be a director, appointed by the Mayor, and who shall serve at the pleasure of the Mayor. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilmen provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor, shall, at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilmen provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. (Ord ; approved by voters ) SECTION 4.3 DUTIES OF THE DIRECTOR OF LAW. The Director of Law, or his representative, shall serve the Mayor, the administrative officers and departments, Council, officers and boards of the Municipality as legal counsel and attorney, and shall represent the Municipality in all proceedings in court or before any administrative body. He shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council, and perform such other duties as the Council or the Mayor may impose upon him consistent with his office. (Ord ; approved by voters ) SECTION 11.2 NOMINATION. Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: (a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward. (b) A petition or petitions, in the case of a candidate for any elective office other than ward Councilman (including, without limitation, a candidate for Mayor, for President of Council, or for Councilman at large) signed by the registered voters of the Municipality in a number not less than three per cent (3 %) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. (Ord ; approved by voters ) EXHIBIT I \1

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150 ETITION FOR SUBMISSION OF PROPOSEI; ^ AMENDMENT TO CHARTER NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effec6ve except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Cbarter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attomey before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be perniitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio b

151 arrd shall continue to be duly admitted to the practice of law in the State of Ohio during the tenn of his or her office. -He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for F^p'sident of Council, or for Councihnan at Large), signed by the registered voters of the Municipality in a number not iess thanahree per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Edni] Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature 'ritlen in Ink or Indelible Pencil Place of Residence Date,!-[ ^ 2. C " i / u, 3 C(^ 0 LtiIJ ^. ^^e ( 0 ^ ^ O r^ e fcr-^ l- BayVillage l4 /yu ^^ C C' 5^ a'l -ad fo gl,lsse (I 12d lt zl^ M21 ^f ^^ C? 7 v ^, ^"\ 2-470^ (A/. 0 a,(44-l f.^^ ay Village ^ 8, 9..S ^ 6 ^ ^ ^ ^ ^ v ^

152 61^, 11. ^ ^,^ 3 7(^ 5 ^ 2-7 ^ G 12. ^^ 0 ZtJ,V cu^v / 13 ^ t ^=3 14. ^ a9 (a 1-7 W11 w 5, 4 (opfj ^ ^h '7 6-^ 16. 7,060) (^i ^rl d r 1 O^.L [^-. 7 /y p^ 17. ^ ^ l p ^670 3 ^^ L ^ 7 f^ 20. C j^ ^/ ^O O 7 2 L'(. ^Bay Villa i cf Circulator Statement I declare under penalty of election falsification: that I am a resident of the State of Olno and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 7-2- signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signature of Circulator) t5-&"(- Lt'--" 1,90 (Street and Num r) `^

153 PETITION FOR SUBMISSION OF PROPOSED A.4diPc- AMENDMENT TO CHARTER S 3 NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his osvn, or signs when not a legal vote&, is Yiable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councihnan provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio `EHI J IIBIT /` _7_

154 and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her oftice. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross niisconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a conunittee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Sigaature Piace of Residence Streei and Number Date Mo. Dav Year 1 rko 2. ^ JE 2,` 0 3. S L^ 1^ ^ 7 O Q 7 4 BayViIlage 5. ' ^ 23" o^e^} ^^ 1 ^ ^ 6 br "-" ^ g G lgty1kr Ba y Villa g e /^6/l d>t^ L o7 BayVidage ^ s b R^

155 i. Circulator Statement I, L^(^lf^j3 ^i ^ZYZIF^ declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 1,C_ signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (City dzipcode) 57-^

156 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER 1^i9/J67 NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending S'ections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and whp, shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a^ead of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councihnan provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shal'1 act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXNIBIT i ^ 4

157 and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or ber office. `He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compe,nsation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councihnan provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Sigaaarre (Written in Ink or Indelible Peacil Place of Residence Street and Nomber Date Mo. Day Year 1. q ^ ^ 206 8/ oi9-r/j C',Ct, ' 7 d, d 5 ^,^` Fd^'e Bay ViIlage 07 4, 02 3 fj(pftr o 5. 6, t^j sd'l 3` t{^^ BayVillage 2-z 0^> 7. 30^jd,9117rd1,4d /11Z BayVillage 7?U 8. 3 O6 Z S' /7'S lt rx f+,"ay Village ^ t-6 9 (?4,>-DLE`y Z^ - 7 c'^

158 L2 ^^Cl. ko a ik K cp ^1 iz w^ -F) rb lt^ ay Village 306 ^ Q C^^ BayVillage c G"1 7 6^ U 17 12^^ /2-0hu414Z - ^5^ZRI'JIIMJU ^'; QV4i7 Bay viuage 7 ^v Cl 14. (n.?:loo _ (7via o ( it ^ rt ^r 18. ^q(3 &^av-o BayVillage ^ ^ 20. ^(j 1 S ^ 2-6 o / C^O^OI ll1//a^izc CiJ. Gu'QPayVillage zs_ ^ &-,'C g a O r 4 0 ^ ^K ZI, b7 8 a4, o-7 "Saao a Circulator Statement I, A^ e-n J. d e,) declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing A 3 signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE Sz (Signature ut^ator) (Street and mber) ( ty and Zip Code)

159 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER s Z NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the oflice of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT *Y-L

160 and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her oftice. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote east at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition she-'? s;gn his name and after his name shall designate his residence. A registered voter may sign as many nominatin3`pu4itious for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Sigaature kittea in Ink or Indefible Peacii Place of Residence Street and Number Date Day Y ) IJQ BayVillage (:j 77 0? 2 3 BayVillage 8 z) 4. lel)(d ^ ^ oz ^ D7 ^.^^ri^. NAn/ n/ p. ry 5 J'o y0/ EaN/e- ZJYi/ve D / CQ F-

161 Bay ViIlage Circulator Statement I, n J. J cz d ej, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing r' signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUH,TY OF A FELONY OF THE FIFTH DEGREE (Signature of C'vculator) S ^ ^ ^' ^x ^ ( e,^ ^ ^(, (Street and N mber) ^ (C end Zip Code) a-

162 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the offrce of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly adn-iitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXIiIBIT -7-

163 and'shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. 'He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross niisconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nominafion for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councihnan (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd:,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature ritten in Ink or Indelible Pencil Place of Residence Street and Number Mo Date Day Year 7 D^ f 0`7 2. ^ O 6 3`' v.^ oj 7 ^ d7 4. Z GU i^gloz^ _ Z^3Z ) Gcu1c{er: C e^ r-7 o ^L ^ ^U^ /^ 3^. ^ -^L t7 9. ilta' d^, 2 G zl S7 /SA^N ^C /Cp^ BayVillage o'7

164 10: ZY ^ o qiq t-u/ti 1) Q 13. b^^^ LFiG^^ l{j3c 7 2-2o e-' i 14.! 15. ^. 16. ^ ^. X (q ^^ (' (i a R U^? pbZ,^ BayVillage g a,!s Circulator Statement declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 2 / signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (SignarureofCirculator) _ r ' 5o VDi.^iDN/L D17/vG (Street and Number) &, /1"_eV'X x O.y yv (City and Zip Code) 8

165 Petition Signer Details Run Date : 8 / CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION # SIG NO NAME ADDRESS CtTYISTATElZIP PARTY CHALLCHALLCODE VOTERI6 SCOTT,JAMES R 318 PLYMOUTH DR BAY VILLAGE, OH REP DELLASANTINA, JOYCE M E OVIATT RD BAY VILLAGE, OH DEM MILLER, CLARE G 418 HURST DR BAY VILLAGE, OH BANASIAK, MICKEY D NANTUCKET ROW BAY VILLAGE, OH MACMILLAN, JESSICA L 196 BRADLEY RD BAY VILLAGE, OH DEM BECK,LAURELM KNICKERBOCKER RD BAY VILLAGE, OH THEOBALD,SUZANNA R 560 MARVIS DR BAY VILLAGE, OH DEM OBRIEN, TIMOTHY E ROBERTA DR BAY VILLAGE, OH OBRIEN, SUSAN A ROBERTA DR BAY VILLAGE, OH DEM PICCIRILLI, BARBARA G 335 RYE GATE DR BAY VILLAGE, OH PALAMARA,PAULJ ROBERTA DR BAY VILLAGE, OH NOPTY MEEHAN, EILEEN M 398 GLEN PARK DR BAY VILLAGE, OH DEM CHAMBERLAIN, DAVID R ASHTON LN BAY VILLAGE, OH COFFIN, TONJA M LINCOLN RD BAY VILLAGE, OH MACMILLAN II, THOMAS L 196 BRADLEY RD BAY VILLAGE, OH OEM CORBITi, MARGARET M RUSSELL RD BAY VILLAGE, OH LESH, LISA A OSBORN RD BAY VILLAGE, OH NOPTY LESH, BENJAMIN H OSBORN RD BAY VILLAGE, OH SMITH, JOHN D OSBORN RD BAY VILLAGE, OH KEPPLER,DEBORAH K KNICKERBOCKERRD BAY VILLAGE, OH KEPPLER JR, PAUL F KNICKERBOCKER RD BAY VILLAGE, OH GRADY, ROBIN C 605 WELLFLEET DR BAY VILLAGE, OH GORIE, MAUREEN F LINCOLN RD BAY VILLAGE, OH DEM KESTLER, JULIE L OSBORN RD BAY VILLAGE, OH DEM PELTZ, BETTY M 403 KENILWORTH RD BAY VILLAGE, OH DEM SPENCE JR, DONALD A 406 KENILWORTH RD BAY VILLAGE, OH BOLES,RUTH 400 KENILWORTH RD BAY VILLAGE, OH REP REHOR. DANIEL F NORTHFIELD RD BAY VILLAGE, OH REP febb^ ORMSBY,THOMAS H OSBORN RD BAY VILLAGE, OH REP HAYMOND,MARYD ROBERTA DR BAY VILLAGE, OH REP m GALLO, NICK F LAKE RD BAY VILLAGE, OH ^ x GALLO,KATHLEEN C LAKE RD BAY VILLAGE, OH MEDER,KATHLEEN K KNICKERBOCKER RD BAY VILLAGE, OH REP ^ PAGANELLI,CHERYL 435 ELMWOOD RD BAY VILLAGE, OH DEM ARKO, DENNIS M BRUCE RD BAY VILLAGE, OH DEM ARKO, ANNEMARIE E BRUCE RD BAY VILLAGE, OH DEM ALTIERI, MATT T 537 CAHOON RD BAY VILLAGE, OH FINKBEINER, ADRIENNE B W OAKLAND RD BAY VILLAGE, OH NOPTY ALTIERI, BONNIE S 537 CAHOON RD BAY VILLAGE, OH FINKBEINER, JOHN A W OAKLAND RD BAY VILLAGE, OH NOPTY STANTON, THOMAS E OSBORN RD BAY VILLAGE, OH WOHLEBER, JOAN M OSBORN RD BAY VILLAGE, OH DEM

166 Petition Signer Details Run Date : 8f CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE (NR), ILL WOODBURN,ANDREW W OSBORN RD BAY VILLAGE, OH REP HAPPEL, BRIAN K OSBORN RD BAY VILLAGE, OH REP DILLON, RICHARD C OSBORN RD BAY VILLAGE, OH REP HOLIAN, MARY K OSBORN RD BAY VILLAGE, OH DEM GRUBER, MARY L WOLF RD BAY VILLAGE, OH REP DOWNS, DEBORAH J 614 CAHOON RD BAY VILLAGE, OH NOPTY PFAHL, CHARISE L 362 OAKMOOR RD BAY VILLAGE, OH DEM (NR), ILL LUNDBLAD,MARYANN 370 BATES DR BAY VILLAGE, OH DEM SOMRAK,NOREEN H 377 ROBERTS RUN BAY VILLAGE, OH REP LYSLE, BRIAN K WILLOWAY LN BAY VILLAGE, OH WHEELER, DENISE E OSBORN RD BAY VILLAGE, OH BAUER,PAUL W W OVIATT RD BAY VILLAGE, OH DEM HUGHES.PAULF PROVINCETOWN LN BAY VILLAGE, OH DEM WHEELER, WARD L OSBORN RD BAY VILLAGE, OH NOPTY HILL, CAROL M OSBORN RD BAY VILLAGE, OH REP FISCO, ROBERT J 443 OAKMOOR RD BAY VILLAGE, OH STEINER, VIRGINIA M OSBORN RD BAY VILLAGE, OH BRAJDIC, TIMOTHY A 361 RYE GATE DR BAY VILLAGE, OH KOZIKOWSKI, SHARON B OSBORN RD BAY VILLAGE, OH NOPTY KOZIKOWSKI, CRAIG A OSBORN RD BAY VILLAGE, OH NOPTY EVANS, KARYN ANN NORTHFIELD RD BAY VILLAGE, OH DEM PETKASH, ROBERT P 574 RED OAK LN BAY VILLAGE, OH REP (NR) NR (NR) ILL DVORAK, MICHAEL W TIMBER LN BAY VILLAGE, OH BARNEWALL JR, JAMES M 442 UPLAND RD BAY VILLAGE, OH REP MCCAFFERTY, LINDA S LAKE RD BAY VILLAGE, OH DEM DAHLHAUSEN,ANNA K 429 CANTERBURY RD BAY VILLAGE, OH POST, CHARLES E 564 FORESTVIEW RD 231 BAY VILLAGE, OH OEM PRUDENCE, GREGORY A ABERDEEN RD BAY VILLAGE, OH MCHENRY,KARIM OSBORN RD BAY VILLAGE, OH FINK, RICHARD P WOLF RD BAY VILLAGE, OH REP SROKA,ROBERTA 488 DOVER CENTER RD BAY VILLAGE, OH REP (C) JAKIEL, MATTHEW M 248 SADDLER RD BAY VILLAGE, OH (NR), BLANK PHILLIPS, MARGARET A EDGEWOOD RD BAY VILLAGE, OH BECHT JR, ROBERT P 400 COLUMBIA RD BAY VILLAGE, OH REP BECHT, NANCY M 400 COLUMBIA RD BAY VILLAGE, OH REP (NR), NR KRASKA, DENISE M EDGEWOOD RD BAY VILLAGE, OH NOPTY

167 Petition Signer Details Run Date : 8/30/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE RW 14 7 SCOTT,JOHN P EDGEWOOD RD BAY VILLAGE, OH WEBER, M BRIDGET EDGEWOOD RD BAY VILLAGE, OH REP HORVATH,CHERYLL FOOTE RD BAY VILLAGE, OH EGAN, WILLIAM J FOOTE RD BAY VILLAGE, OH DEM EGAN,SHARON A FOOTE RD BAY VILLAGE, OH DEM MYSTIC, THERESA M FOOTE RD BAY VILLAGE. OH BOWDITCH, DAVID E WESTWOOD RD BAY VILLAGE, OH NOPTY (NR), NR CRATES, CAROLINE L WESTWOOD RD BAY VILLAGE, OH MOLENAR, MEREDITH A WESTWOOD RD BAY VILLAGE, OH DEM CRATES III, WILBURT S WESTWOOD RD BAY VILLAGE, OH BLACKBURN,JAMES R EDGEWOOD RD BAY VILLAGE, OH REP BLACKBURN, DIANNE L EDGEWOOD RD BAY VILLAGE, OH REP BATTERSHELL, JILL E 421 LONGBEACH PKY BAY VILLAGE, OH BATTERSHELL, PHILLIP D 421 LONGBEACH PKY BAY VILLAGE, OH REP MALLETT, MARY S WESTWOOD RD BAY VILLAGE, OH DEM GIELOW, VIRGINIA P 260 SADDLER RD BAY VILLAGE, OH DEM (NR), NR CHUPA-PEDERSEN, DARCY T NANTUCKET ROW BAY VILLAGE, OH PEDERSEN,PETER E NANTUCKET ROW BAY VILLAGE, OH KRUMBINE, KEITH A NANTUCKET ROW 1304 BAY VILLAGE, OH KRUMBINE, ALANE J NANTUCKET ROW BAY VILLAGE, OH NOPTY SLIFE, ANNMARIE 632 WALMAR DR BAY VILLAGE, OH SLIFE, ELIZABETH M 632 WALMAR DR BAY VILLAGE, OH POLLACK, JUDY C 409 BATES DR BAY VILLAGE, OH SLIFE, RICHARD M 632 WALMAR DR BAY VILLAGE, OH MAJEWSKI, TIMOTHY D 305 BASSETT RD BAY VILLAGE, OH NOPTY HOLZHEIMER, MATTHEW E NANTUCKET ROW BAY VILLAGE, OH DONOFRIO, DEBORAH M BEXLEY DR BAY VILLAGE, OH (NR), NR ADAMS,SCOTTJ 206 BRADLEY RD BAY VILLAGE, OH DEM ADAMS,KAREN BRADLEY RD BAY VILLAGE, OH SANSON, DAVID WALKER RD BAY VILLAGE, OH LASKOWSKI, DANIEL M NANTUCKET ROW BAY VILLAGE, OH DEM (NR), NR NILGES, MARY J BEXLEY DR BAY VILLAGE, OH NR OCAMPO, KAREN T WOLF RD BAY VILLAGE, OH REP DETERLING, MICHAEL A NANTUCKET ROW SAY VILLAGE, OH REP VOGEL JR. JOHN DAVID NANTUCKET ROW BAY VILLAGE, OH VOGEL,JOHN D NANTUCKET ROW BAY VILLAGE, OH DEM KOSTERII,CARLJ FOOTE RD BAY VILLAGE, OH REP MCLAUGHLIN, THOMAS J FOOTE RD BAY VILLAGE, OH DEM QDataInformationManagementSystems, Inc i--. R : ^-- Page 3 of 22.

168 Petition Signer Details Run Date : 8/80/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE "f SECTION # SIG NO NAME ADDRESS CITY 1 STATE 1 ZIP PARTY CHAL N =CHAL6CODE ` :, VOTER ID 16 3 CONWAY, KATHERINE N FOOTE RD BAY VILLAGE, OH KRAUSER, STEPHEN R FOOTE RD BAY VILLAGE, OH (NR) BLANK (NR) BLANK (NR) BLANK (NR) BLANK (NR) BLANK (NR) NR CLEARY, JENNIFER M WOLF RD BAY VILLAGE, OH REP MEDLEY, THOMAS N 347 BASSETT RD BAY VILLAGE, OH DEM (NR), NR TASHJIAN, LOIS D 339 BASSETT RD BAY VILLAGE, OH HEINE, JEAN M 344 BASSETT RD BAY VILLAGE, OH BLANCHARD,ROGER H 351 BASSETT RD BAY VILLAGE, OH DEM BLANCHARD,IRENEF 351 BASSETT RD BAY VILLAGE, OH DEM SOOY, KARL W 357 BASSETT RD BAY VILLAGE, OH COLWELL, JOHN D FOOTE RD BAY VILLAGE, OH REP COLWELL, WYNETTA A FOOTE RD BAY VILLAGE, OH DEM BERGMANN,HELEN E FOOTE RD BAY VILLAGE, OH DEM (NR), NR DOUGAN,CAROLA FOOTE RD BAY VILLAGE, OH DEM DIESING, SUSAN L FOOTE RD BAY VILLAGE, OH QUILLIN, CAROL FOOTE RD BAY VILLAGE, OH REP NYE JR, PHILLIP M KNICKERBOCKER RD BAY VILLAGE, OH NYE,STACEY L KNICKERBOCKER RD BAY VILLAGE, OH ADAMS,BETTYL OSBORN RD BAY VILLAGE, OH OEM ADAMS,JOHN Q OSBORN RD BAY VILLAGE, OH OEM SANDERSON,BARBARAJ OSBORN RD BAY VILLAGE, OH REP NG SANDERSON, WILLIAM A OSBORN RD BAY VILLAGE, OH REP STEVENS, KEITH P 531 ELMWOOD RD BAY VILLAGE, OH KORTE, ELAINE B LAKE RD BAY VILLAGE, OH WEBSTER,JEANNE M MAPLE DR BAY VILLAGE, OH REP KANDRA, KATHERINE E 569 KENILWORTH RD BAY VILLAGE, OH REP NG TORRE,TERRANCEJ BRUCE RD BAY VILLAGE, OH CERNEA JR. JOHN G OSBORN RD BAY VILLAGE, OH OEM DELANEY, CARRIE WOLF RO BAY VILLAGE, OH NOPTY LAUGHLIN, KAY E RUSSELL RD BAY VILLAGE, OH REP LAUGHLIN, GERALD L MILLER, ANN RUSSELL RD OSBORN RD BAY VILLAGE, OH BAY VILLAGE, OH REP MCMAHON,CARLG LINCOLN RD BAY VILLAGE, OH DEM MCMAHON, KAREN S LINCOLN RD BAY VILLAGE, OH DEM MUNN, RODERICK W WOLF RD BAY VILLAGE, OH REP 18714

169 Petition Signer Details Run Date : CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE 18 2 HALTER, CAROLE A NANTUCKET ROW BAY VILLAGE, OH REP KUNZE,TODDL NANTUCKET ROW BAY VILLAGE, OH NOPTY KUNZE,KELLY C NANTUCKET ROW BAY VILLAGE, OH NOPTY JASTER, CAROLYN J NANTUCKET ROW BAY VILLAGE, OH NOPTY CARROLL,MARK W NANTUCKET ROW BAY VILLAGE, OH DEM SCREW VALA, FARROKH N NANTUCKET ROW BAY VILLAGE, OH DEM SCREWVALA, ELLEN J NANTUCKET ROW BAY VILLAGE, OH OEM ANNABLE, PHYLLIS L NANTUCKET ROW BAY VILLAGE, OH REP KETfERER,MARYC NANTUCKET ROW BAY VILLAGE, OH REP KET7ERER,JEFFREY T NANTUCKET ROW BAY VILLAGE, OH REP HARRIS, SANDRA L NANTUCKET ROW BAY VILLAGE, OH FINLEY, DAWNA M NANTUCKET ROW BAY VILLAGE, OH OEM WILK JR. WILLIAM J NANTUCKET ROW BAY VILLAGE, OH DEM BIESTERFELDT, EVELYN M NANTUCKET ROW BAY VILLAGE, OH DEM RINI, CHARLES A NANTUCKET ROW BAY VILLAGE, OH NG CARSON,BARBARA W NANTUCKET ROW BAY VILLAGE, OH SKULTETY, KEITH NANTUCKET ROW BAY VILLAGE, OH REP SKULTETY,RAELYN H NANTUCKET ROW BAY VILLAGE, OH REP CORRIGAN, PETER J NANTUCKET ROW BAY VILLAGE, OH REP CORRIGAN, LILA L NANTUCKET ROW BAY VILLAGE, OH REP RUSSELL, MATHEW H 260 PLYMOUTH DR BAY VILLAGE, OH REP RUSSELL,AMYA 260 PLYMOUTH DR BAY VILLAGE, OH TEUTSCH, WILLIAM H WALKER RD BAY VILLAGE, OH REP TEUTSCH, ELEANOR L WALKER RD BAY VILLAGE, OH REP BERRY SR, THOMAS E 289 BAYVIEW RD BAY VILLAGE, OH BERRY JR, THOMAS E 289 BAYVIEW RD BAY VILLAGE, OH JOYCE, BRIAN W 292 BAYVIEW RD BAY VILLAGE, OH DEM JOYCE,KAREN B 292 BAYVIEW RD BAY VILLAGE, OH DEM SCHLASS,LANA M 291 BAYVIEW RD BAY VILLAGE, OH HELDT,FRANK A OSBORN RD BAY VILLAGE, OH REP HELDT, MARJORIE F OSBORN RD BAY VILLAGE, OH REP VIANCOURT, RAYMOND T 309 BAYVIEW RD BAY VILLAGE, OH OEM ROHLKE, LEE A 312BAYVIEW RD BAY VILLAGE, OH BARNETT,KIMBERLEY LYNN 625 COLUMBIA RD 2 BAY VILLAGE, OH MCCOMB, MARGUERfT E 320 BAYVIEW RD BAY VILLAGE, OH REP CASSIDY, FREDERICK T LAKE RD BAY VILLAGE, OH OEM CASSIDY, DONNA J LAKE RD BAY VILLAGE, OH DEM TOBER, DOUGLAS L 258 BAYVIEW RD BAY VILLAGE, OH REP MCHUGH, JULIE A 284 BAYVIEW RD BAY VILLAGE, OH DEM MC HUGH,SEAN DESMOND 284 BAYVIEW RD BAY VILLAGE, OH NOPTY (NR), NRA LAMARCHE, PATRICIA J 308 BAYVIEW RD BAY VILLAGE, OH

170 Petition Signer Details Run Date : CHARTER AMMENDMENT SEC 115 BAY VILLAGE SECTION# SIG.NONAME ADDRESS CITY / STATE 1 ZIP PARTY CHALLCHALLCODE VOTERID LAMARCHE,JAMES C 308 BAYVIEW RD BAY VILLAGE, OH STEARNS, BARBARA A 319 BAYVIEW RD BAY VILLAGE, OH REP STEARNS, RICHARD P 319 BAWIEW RD BAY VILLAGE, OH REP LAVOIE, FRANCIS J NARRAGANSETTLN BAY VILLAGE, OH ROHLKE,LEANNE E 312 BAWIEW RD BAY VILLAGE, OH PENTON, NANCY NORMANDY RD BAY VILLAGE, OH REP PENTON,STEVEN R NORMANDY RD BAY VILLAGE, OH REP PETERSON,JOHN D FOOTE RD BAY VILLAGE, OH REP PETERSON, VIRGINIA L FOOTE RD RAY VILLAGE, OH REP PETERSON, CHRISTINE A GOULDERS GRN BAY VILLAGE, OH DEM JONES-VERDIER, JANET M FAIRWIN DR BAY VILLAGE, OH DEM PRICE, SALLY I 455 KENILWORTH RD BAY VILLAGE, OH DEM PHILLIPS III, THOMAS S EDGEWOOD RD BAY VILLAGE, OH EAKIN, JUDSON P 440 BRADLEY RD BAY VILLAGE, OH EAKIN, ERIC J 440 BRADLEY RD BAY VILLAGE, OH DEM EAKIN, CYNTHIA A 440 BRADLEY RD BAY VILLAGE, OH DEM VIANCOURT, RITA A 309 BAYVIEW RD BAY VILLAGE, OH DEM MISHAGA, ANN 309 BAYVIEW RD BAY VILLAGE, OH DEM RIESS, JOHN A 304 BAYVIEW RD BAY VILLAGE, OH ADAMS, MICHAEL S JEFFERSON CT BAY VILLAGE, OH NOPTY TAYLOR,MARKL 300 BAYVIEW RD BAY VILLAGE, OH REP WHITMER, ALLAN D 305 BAYVIEW RD BAY VILLAGE, OH LENNON, ELIZABETH A 324 BAYVIEW RD BAY VILLAGE, OH DEM LENNON,DONALD P 324 BAYVIEW RD BAY VILLAGE, OH DEM LENNON, JENNIFER M 324 BAYVIEW RD BAY VILLAGE, OH NOPTY SCHABITZER, MACKLIN W WINSOR DR BAY VILLAGE, OH SCHABITZER, CONSTANCE E WINSOR DR BAY VILLAGE, OH DEM MCGUIRE, MARJORIE A WINSOR DR BAY VILLAGE, OH REP RAY, BRIAN E 345 BAYVIEW RD BAY VILLAGE, OH (NR), NG ALLAN, MARY K 351 BAYVIEW RD BAY VILLAGE, OH DEM PIERCE, JANET G 325 BAYVIEW RD BAY VILLAGE, OH REP FUCHS,STEVEN M 562 HUMISTON DR BAY VILLAGE, OH REP SOBCZAK, KATHLEEN J RUSSELL RD BAY VILLAGE, OH DEM BARKER,MARYJ MIDLAND RD BAY VILLAGE, OH (C) SCAZAVELLI, CHARLES L NAN'fUCKET ROW BAY VILLAGE, OH VOGEL, ARLINE A NANTUCKET ROW BAY VILLAGE, OH DEM TONEGATO, KELLY C LAKE RD BAY VILLAGE, OH DEM BRAGG, GLORIA A NANTUCKET ROW BAY VILLAGE, OH REP (C) SCAZAVELLI, CHARLES L NANTUCKET ROW BAY VILLAGE, OH DUP KEEFE, CYNTHIA L 486 PARKSIDE DR BAY VILLAGE, OH (NR), NRA 0 w

171 Petition Signer Details Run Date : 8/ CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE aw MILLS, ELIZABETH R KNICKERBOCKER RD BAY VILLAGE, OH DEM KINKELAAR, LAURI J 545 MARVIS DR BAY VILLAGE, OH DEM PETTY,GRETCHEN A 493 PARKSIDE DR BAY VILLAGE, OH HASS, CHRISTOPHER A RUSSELL RD BAY VILLAGE, OH MILLER, NANCY B NARRAGANSETT LN BAY VILLAGE, OH MILLER II, VERNON R NARRAGANSETT LN BAY VILLAGE, OH ROEHL,SUE F NANTUCKET ROW BAY VILLAGE, OH REP ROEHL,CHARLES T NANTUCKET ROW BAY VILLAGE, OH REP (NR), NRA FIRESTONE,SCOTT W 582 HUNTMERE DR BAY VILLAGE, OH DEM KILBANE, KEVIN J 520 PARKSIDE DR BAY VILLAGE, OH ADAMS, CATHERINE C 460 DOVER CENTER RD BAY VILLAGE, OH NOPTY MASSAD, MARGO B 518 CAHOON RD BAY VILLAGE, OH (NR), ILL ZERBE,SUSAN K 551 BRADLEY RD BAY VILLAGE, OH HARE, BETH ANN REXFORD RD BAY VILLAGE, OH DEM LARSON, KARIN S LINCOLN RD BAY VILLAGE, OH POLAK, MARTIN LINCOLN RD BAY VILLAGE, OH RICE. MICHELE D HUNTINGTON WOODS PKY BAY VILLAGE, OH NOPTY GUNDLACH, JACQUALINE S HUNTINGTON WO6DS PKY BAY VILLAGE, OH DUPREY, CHRISTOPHER J 565 HUMISTON DR BAY VILLAGE, OH NOPTY FUCHS, LORI J 562 HUMISTON DR BAY VILLAGE, OH KOLENICH, JEFFREY J LAKE RD BAY VILLAGE, OH NOSAN, ANTHONY L 480 HUMISTON DR BAY VILLAGE, OH NOPTY STINARD, CRAIG A 506 HUMISTON DR BAY VILLAGE, OH MEANEY, SEAN F 530 HUMISTON DR BAY VILLAGE, OH DEM BALAZS, KENNETH D 536 HUMISTON DR BAY VILLAGE, OH DEM CHARVAT,STAR 542 HUMISTON DR BAY VILLAGE, OH FOERSTNER,CRAIG S 550 HUMISTON DR BAY VILLAGE, OH FOERSTNER, CHERYL A 550 HUMISTON DR BAY VILLAGE, OH NORRIS, DOUGLAS A 510 HUMISTON DR BAY VILLAGE, OH NORRIS, JONI H 510 HUMISTON DR BAY VILLAGE, OH SAXTON,JODYI 603 HUMISTON DR BAY VILLAGE, OH REP RYBAR, ALICE J 625 HUMISTON DR BAY VILLAGE, OH DEM WALSH,MARY G 604 HUMISTON DR BAY VILLAGE, OH NYERGES JR, THEODORE J 580 HUMISTON DR BAY VILLAGE, OH REP MEANEY,RACHELA 530 HUMISTON DR BAY VILLAGE, OH FURST, ERIC C 527 HUMISTON DR BAY VILLAGE, OH FURST,BARBARA C 527 HUMISTON DR BAY VILLAGE, OH HASENFLUE, GLENOLA 516 HUMISTON DR SAY VILLAGE, OH REP LEMPKE,ROBERT ROXBURY PARK DR BAY VILLAGE, OH DEM ARTH,THOMASE 368 LAKE PARK DR BAY VILLAGE, OH

172 Petition Signer Details Run Date : 8/30/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE ftf SECTiON # SIG NO NAME ADDRESS CITY! STATE / ZIP PARTY CHALL C HALLCODE. ^. VOTER ID CAMPBELL, THOMAS F LINCOLN RD BAY VILLAGE, OH ALTIERI, LUKE R W OVIATT RD BAY VILLAGE, OH ALTIERI, KERI L W OVIATi RD BAY VILLAGE, OH TRACI, GAIL E 416 BRADLEY RD BAY VILLAGE, OH MCGRANAHAN, JOHN S 634 REVERE DR BAY VILLAGE, OH DEM NRA MCGRANAHAN,RUBY 634 REVERE DR BAY VILLAGE, OH NRA ROUBAL, THOMAS A COWLES DR BAY VILLAGE, OH REP MCCARTHY, WILLIAM P LINCOLN RD BAY VILLAGE, OH SHEPARD, MARK A 576 WELSHIRE DR BAY VILLAGE, OH SHEPARD, PAMELA A 576 WELSHIRE DR BAY VILLAGE, OH SNYDER, JUDITH L W OAKLAND RD BAY VILLAGE, OH DORSEY, PATRICK T 511 WILDBROOKDR BAY VILLAGE, OH NOTARBERARDINO, MARK G WILLOWAY LN BAY VILLAGE, OH REP WOOS, MICHAEL T LAKE RD BAY VILLAGE, OH DEM SNYDER, CURTIS J W OAKLAND RD BAY VILLAGE, OH MILLIGAN, JENNIFER A W OAKLAND RD BAY VILLAGE, OH MILLIGAN, RICHARD S W OAKLAND RD BAY VILLAGE, OH GRISNIK, STANLEY P MEADOW LANE DR BAY VILLAGE, OH GRISNIK, AGNES MEADOW LANE DR BAY VILLAGE, OH Ml1TCH. JILL M MANCHESTER LN BAY VILLAGE, OH HIGGINS. JEAN M ABERDEEN RD BAY VILLAGE, OH REP DIDONNA, KELLY MARIE LINCOLN RD BAY VILLAGE, OH HANNA,ROBERTA 564 WOODLANE DR BAY VILLAGE, OH REP NRA (NR), NRA DEYONG, DENNIS H 561 MARVIS DR BAY VILLAGE, OH DOTSON,SONYA A 625 WESLEY DR BEREA, OH DEM WD STERLE, KIMBERLEE M 457 BASSETT RD BAY VILLAGE, OH DEM BREITENBACH, LINDA D 572 SANDALWOOD DR BAY VILLAGE, OH BREITENBACH, DAVID J 572 SANDALWOOD DR BAY VILLAGE, OH MULL, ERIC P WOLF RD BAY VILLAGE, OH ACKLIN, KATHLEEN A 425 BRADLEY RD BAY VILLAGE, OH ACKLIN, ROBERT G 425 BRADLEY RD BAY VILLAGE, OH DEM WALBORN,BEVERLYJ WOLF RD BAY VILLAGE, OH REP WALBORN, JAMES F WOLF RD BAY VILLAGE, OH REP GREENE, DENISE M 330 HUNTMERE DR BAY VILLAGE, OH DEM (NR), ILL (NR), NR BLACK,JOHN A CAMBRIDGE DR BAY VILLAGE, Oli DEM BLACK,NANCY S CAMBRIDGE DR BAY VILLAGE, OH DEM CRAIG, BARBARA F 332 KENMORE DR BAY VILLAGE, OH DEM (NR), ILL STACEY, NICOLE NOEL 210 BRADLEY RD BAY VILLAGE, OH NOPTY

173 Petition Signer Details Run Date : 8/30/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE MW STACEY,LEE M MILLER, CLEDITH L 210 BRADLEY RD WOLF RD BAY VILLAGE, OH BAY VILLAGE, OH NOPTY REP MILLER, BECKY S WOLF RD BAY VILLAGE, OH SARTSCHEV, JULIE B DRAKE DR BAY VILLAGE, OH NOPTY SYLVESTER,LAURA D 405 WALMAR DR BAY VILLAGE, OH DUP (NR), NR ALLINGTON, MARY L OSBORN RD BAY VILLAGE, OH DEM ALLINGTON, ROBERT D OSBORN RD BAY VILLAGE, OH DEM ENDERS, GAIL R LAKE RD BAY VILLAGE, OH BEREI, CHRISTOPHER M HENRY RD BAY VILLAGE, OH DEM ANDERSON, DANIEL J 470 JUNEWAY DR BAY VILLAGE, OH REP JACOB-MOSIER, GAYATRY 617 ELMWOOD RD BAY VILLAGE, OH STIFFLER. MARY A 611 DEBBINGTON DR BAY VILLAGE, OH DAILEY, MATTHEW A 548 JUNEWAY DR BAY VILLAGE, OH REP MCPHILLIPS, JAMES C BRUCE RD BAY VILLAGE, OH REP HULL, JOHN C LINCOLN RD BAY VILLAGE, OH DAVENPORT, JENNIFER A 361 LONGBEACH PKY BAY VILLAGE, OH (NR), NR HULL, MARY JANE P LINCOLN RD BAY VILLAGE, OH DAVENPORT, DAVID SEAN 361 LONGBEACH PKY BAY VILLAGE, OH ALLEN, BETH P EDNIL DR BAY VILLAGE, OH REP ALLEN, JAMES R EDNIL DR BAY VILLAGE, OH WILLIAMSON, CAROL LOUISE EDNIL DR BAY VILLAGE, OH DEM (P) JENNINGS, JASON HEATH 410 PARKSIDE DR BAY VILLAGE, OH NOPTY (P) BEALL, KAREN S CLINTON DR BAY VILLAGE, OH NOPTY KLEIN, DAVID B WOLF RD BAY VILLAGE, OH DEM MACASKILL, MARILEE J 577 DEBBINGTON DR BAY VILLAGE, OH MACASKILL, DAVID T 577 DEBBINGTON DR BAY VILLAGE, OH ORR,THOMAS M BUCHANAN DR BAY VILLAGE, OH REP HASTINGS, JAMES W W OAKLAND RD BAY VILLAGE, OH CLARY,JANET M 181 PLYMOUTH DR BAY VILLAGE, OH REP NA GRUBER,MAXWELLJ MANHASSET DR BAY VILLAGE, OH DEM (NR), NR STERLE,GEORGE H 457 BASSETT RD BAY VILLAGE, OH DEM MORRILL, CHRISTY L 534 ELMWOOD RD BAY VILLAGE, OH RAYBURN,KATHRYNT 815 OAKMOOR RD BAY VILLAGE, OH NOPTY (NR), NR SHEEHAN, WILLIAM M WESTWOOD RD BAY VILLAGE, OH ANTON,JULIANNA 456 PELLETi DR BAY VILLAGE, OH NOPTY BROWN, JILL F W OAKLAND RD BAY VILLAGE, OH DEM JOHNSON,SHARON C NORMANDY RD BAY VILLAGE, OH JOHNSON, SHELLY L 561 BAYFAIR DR BAY VILLAGE, OH REP

174 Petition Signer Details Run Date : 8130/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE lw SECTION # SIG NO NAME ADDRESS CITYlSTATElZIP PARTY CHALL..eCHALL CODE -:VOTERID, 25 9 (NR), NR MARQUEZ, JENNIFER K KNICKERBOCKER RD BAY VILLAGE, OH REP LAMB, LAINA L 604 REVERE DR BAY VILLAGE, OH NOPTY NORTZ, PATRICK E 601 MILLARD DR BAY VILLAGE, OH DEM BENIARD, LISA A 603 OAKMOOR RD BAY VILLAGE, OH TOTH, DAVID A 601 DWIGHT DR BAY VILLAGE, OH NG (NR) NR (NR) NR MARQUEZ,LEONARDJ KNICKERBOCKER RD BAY VILLAGE, OH REP (NR) NR (NR) NR JOHNSON, JAMES A 561 BAYFAIR DR BAY VILLAGE, OH DEM TEPPER, BRUCE L KNICKERBOCKER RD BAY VILLAGE, OH DEM SULLIVAN, KATHRYN K MIDLAND RD BAY VILLAGE, OH NOPTY HANSON,DOLORES G FAIRWIN DR BAY VILLAGE, OH REP HANSON, MELANIE A FAIRWIN DR BAY VILLAGE, OH REP WOLPERT, JEAN R 312 PLYMOUTH DR BAY VILLAGE, OH DEM MANZO,BERNADETTE G LAKE RD BAY VILLAGE, OH CLEMENTE, BARBARA A 598 REVERE DR BAY VILLAGE, OH DEM LIESKE, JOHN C LINCOLN RD BAY VILLAGE, OH REP LIESKE, JOEL A LINCOLN RD BAY VILLAGE, OH REP STANG, RANDY N KERVER,DEBRA L WOLF RD OSBORN RD BAY VILLAGE, OH BAY VILLAGE, OH REP NASMAN,COLLEEN M KNICKERBOCKER!RD BAY VILLAGE, OH DEM NASMAN, MATTHEW W KNICKERBOCKER!RD BAY VILLAGE, OH OEM FLOWERS, NANCY K WOLF RD BAY VILLAGE, OH WINZIG,KATHLEEN ROBERTA DR BAY VILLAGE, OH REP FLOWERS, JOHN D WOLF RD BAY VILLAGE, OH DUP WINZIG, SCOTT C ROBERTA DR BAY VILLAGE, OH NOPTY RUDDEN, BIRGIT M CARLTON DR BAY VILLAGE, OH REP RUDDEN,DONALD CARLTON DR BAY VILLAGE, OH WARD, CHRISTINE L W OVIATT RD BAY VILLAGE, OH WOODBURN,GRETCHEN B OSBORN RD BAY VILLAGE, OH WOODBURN, BETH S OSBORN RD BAY VILLAGE, OH REP PAINTER, PATRICK PAUL 578 BASSETT RD BAY VILLAGE, OH NOPTY , SALUPPO, ILONA M 578 BASSETT RD BAY VILLAGE, OH DEEMER, JULIE ANN KNICKERBOCKER RD BAY VILLAGE, OH MCNAMARA, BONNIE M RUSSELL RD BAY VILLAGE, OH DEM MCNAMARA, MICHAEL P RUSSELL RD BAY VILLAGE, OH DEM MCNAMARA JR, MICHAEL P 423 WALMAR DR BAY VILLAGE, OH KOLODGY,CHERYLL LAKE RD BAY VILLAGE, OH NG BILLOCK, LANEA M 322 HUNTMERE DR BAY VILLAGE, OH

175 Petition Signer Details Run Date : CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE. SECTION # SIG NO^' NAME ADDRESS CITY I STATE I ZIP ^. PARTV CHALL.;. CHALLCODE. VOTERID._ MACK, LISA A LAKE RD BAY VILLAGE, OH MACK, JONATHANJ LAKE RD BAY VILLAGE, OH PETRYK,ANDREW K HUNTINGTON WOODS PKY BAY VILLAGE, OH WEISS, KATHLEEN GOLDEN HUNTINGTON WOODS PKY BAY VILLAGE, OH DEM HALL, NANCY J 355 PINEWOOD DR BAY VILLAGE, OH REP NARDI, NICHOLAS A BRUCE RD BAY VILLAGE, OH REP CROSSLAND, MARGARET J 456 OAKMOOR RD BAY VILLAGE, OH DEM CROSSLAND,VON W 456 OAKMOOR RD BAY VILLAGE, OH DEM SCHEUFLER, JANICE M OSBORN RD BAY VILLAGE, OH SCHEUFLER, DAVID E OSBORN RD BAY VILLAGE, OH DEM MCGRATH, TIM K LINCOLN RD BAY VILLAGE, OH NOPTY FIORELLA, MICHELLE M LINCOLN RD BAY VILLAGE, OH FORTIN, RIE S BUCHANAN DR BAY VILLAGE, OH DEM MAUDE,CHERYLL 300 SADDLER RD BAY VILLAGE, OH DEM MCGRATH,SUSANNE W LINCOLN RD BAY VILLAGE, OH NOPTY JOHNSON,JOANNE 412 FORESTVIEW RD BAY VILLAGE, OH REP VON DUHN,MARKJ LAKE RD BAY VILLAGE, OH KEATING, PATRICE M WOLF RD BAY VILLAGE, OH REP HEILMAN, CAROL A WOLF RD BAY VILLAGE, OH ADLER, ELIZABETH R COWLES DR BAY VILLAGE, OH REP ( NR), BLAN K LEUSCH,ROBERTJ LAKE RD BAY VILLAGE, OH MILETI, MICHEAL S 449 ELMWOOD RD BAY VILLAGE, OH NOPTY RUNGE,DOROTHYJ KNICKERBOCKER:RD 214 BAY VILLAGE, OH NOPTY NRA JESTY, DOROTHY L KNICKERBOCKERRD 819 BAY VILLAGE, OH REP FRANK, RITA KNICKERBOCKER RD 823 BAY VILLAGE, OH DEM HEARN,BETTYS KNICKERBOCKER RD 319 BAY VILLAGE, OH HOLLENBACH, HAZEL L KNICKERBOCKER RD BAY VILLAGE, OH DEM CIJTHBERT,CLARA KNICKERBOCKER RD 816 BAY VILLAGE, OH REP CUTBERT SR, THOMAS R KNICKERBOCKER RD 816 BAY VILLAGE, OH REP (NR), BLANK SACCANY, DAVID J W OAKLAND RD BAY VILLAGE, OH SACCANY,SCOTTD WOLF RD BAY VILLAGE, OH KYLE, WILLIAM P WOLF RD BAY VILLAGE, OH DEM KYLE,NOREEN M WOLF RD BAY VILLAGE, OH REP SUMMERS, JAMES W WOLF RD BAY VILLAGE, OH JEWETT,MARYELLEN WOLF RD SAY VILLAGE, OH DEM CROOK, WILMA R WOLF RD BAY VILLAGE, OH REP ZWEIFEL, EVELYN J WOLF RD BAY VILLAGE, OH REP TEPAS,JOHN A WOLF RD BAY VILLAGE, OH TEPAS, PATRICIA WOLF RD BAY VILLAGE, OH REP BAKER, JAMES D W OAKLAND RD BAY VILLAGE, OH DEM 18508

176 Petition Signer Details Run Date : 8130/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE mv BAKER,KAREN M W OAKLAND RD BAY VILLAGE, OH REP VONDRUSKA,DONALDJ OSBORN RD BAY VILLAGE, OH DEM VONDRUSKA,ANN M OSBORN RD BAY VILLAGE, OH DEM WAGNER,MARKT OSBORN RD BAY VILLAGE, OH EATON,THOMAS R OSBORN RD BAY VILLAGE, OH REP ESSI, MARKS JEFFERSON CT BAY VILLAGE, OH ODONOGHUE,CAROLYN B WOLF RD BAY VILLAGE, OH JEW ETT, JAMES WOLF RD BAY VILLAGE, OH DEM (NR), ILL MANTEY, PHILIP M WOLF RD BAY VILLAGE, OH CULLEN, LINDA E 538 BASSETT RD BAY VILLAGE, OH LEYEN, ELIZABETH A NORMANDY RD BAY VILLAGE, OH CARIGLIO, TERRENCE L LAKE RD BAY VILLAGE, OH DEM BARTOLOTTA, ROBIN M LAKE RD BAY VILLAGE, OH DEM BARTOLOTTA, DORA M LAKE RD BAY VILLAGE, OH SCHREIBMAN, LAWRENCE S NORMANDY RD BAY VILLAGE, OH DEM WISHNER, DORIS C 399 OAK CLIFF DR BAY VILLAGE, OH REP BENZLE, ERIC B WAYSIDE LN BAY VILLAGE, OH DILLON, BRENDA L LAKE RD BAY VILLAGE, OH DEM KOEHLER, VALERIE L BRUCE RD BAY VILLAGE, OH VICKROY, THOMAS BEAU 318 BAYVIEW RD BAY VILLAGE, OH DEM VICKROY, STACY SUZANNE 318 BAYVIEW RD BAY VILLAGE, OH OEM WILLIAMSON, WILL F 331 BAYVIEW RD BAY VILLAGE, OH NOPTY LLOYD, ADRIENNE K 331 BAYVIEW RD BAY VILLAGE, OH DEM KEANE,THOMAS W 342 BAYVIEW RD BAY VILLAGE, OH REP (NR), NR KEANE, KIMBERLY A 342 BAYVIEW RD BAY VILLAGE, OH (NR), NR GLASMIRE,JOHN R 600 CANTERBURY RD BAY VILLAGE, OH GLASMIRE, RUTH M 600 CANTERBURY RD BAY VILLAGE, OH KAUKER,JANET E 232 PLYMOUTH DR BAY VILLAGE, OH KAUKER,THOMAS A 232 PLYMOUTH DR BAY VILLAGE, OH RADISEK, BETH A WOLF RD BAY VILLAGE, OH STALMAN, LEONORA T WOLF RD BAY VILLAGE, OH NOPTY STALMAN,ALFRED WOLF RD BAY VILLAGE, OH (NR), ILL RAMI, CAROLINE J WOLF RD BAY VILLAGE, OH MCNALLY, JOHN D WOLF RD BAY VILLAGE, OH MCNALLY, BRIAN JOHN WOLF RD BAY VILLAGE, OH NOPTY CLEARY, MARC F WOLF RD BAY VILLAGE, OH (NR), ILL CHAMBERS,CHERYLJ WOLF RD BAY VILLAGE, OH REP 20077

177 Petition Signer Details Run Date ; 8/30/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE ^. SECTION # SIG NO. ^ NAME ADDRESS CITY f STATE / ZIP PARTY CHALL CHALL CODE.;(VOTER ID ELLIS, MICHELLE L WOLF RD BAY VILLAGE, OH DEM DUP ERNST, CATHERINE M WOLF RD BAY VILLAGE, OH ARNOLD, WILLIAM G W OAKLAND RD BAY VILLAGE, OH REP ARMADA, PHILIP C 507 BASSETT RD BAY VILLAGE, OH REP HAMILTON;MARGARET W OAKLAND RD BAY VILLAGE, OH REP HILLE, LINNEA T W OAKLAND RD BAY VILLAGE, OH ALLEN,JOHN L W OAKLAND RD BAY VILLAGE, OH DEM LANNING, COLLEEN W OAKLAND RD BAY VILLAGE, OH DEM LANNING, ROBERT A W OAKLAND RD BAY VILLAGE, OH DEM SPREMULLI, KAREN L W OAKLAND RD BAY VILLAGE, OH ELLIOTT,JEFFREY D W OAKLAND RD BAY VILLAGE, OH ELLIOTT, BETH E W OAKLAND RD BAY VILLAGE, OH ROBISON, KEVIN S W OAKLAND RD BAY VILLAGE, OH NOCK,ANN S WOLF RD BAY VILLAGE, OH DEM RADISEK, ALBIN WOLF RD BAY VILLAGE, OH REP i SVANCARA, JILLA WOLF RD BAY VILLAGE, OH PETRAS JR, STEPHEN J WOLF RD BAY VILLAGE, OH REP OWAD, DAVID L MAPLE DR BAY VILLAGE, OH SVANCARA, CLINTON E WOLF RD BAY VILLAGE, OH NOPTY PERSANYI, STEPHANIE F WOLF RD BAY VILLAGE, OH TOMCZAK,RONALD WOLF RD BAY VILLAGE, OH FULTON, JOHN E WOLF RD BAY VILLAGE, OH DEM KACZAY, SUSAN L WOLF RD BAY VILLAGE, OH DEM MORALES, MIGUEL E WOLF RD BAY VILLAGE, OH CONROY, BETH E WOLF RD BAY VILLAGE, OH DEM ROOT, WILLIAM G WOLF RD BAY VILLAGE, OH DEM CONROY, DAVID E WOLF RD BAY VILLAGE, OH REP GEISE, RANDY R WOLF RD BAY VILLAGE, OH REP PICCOLOMINI III, VINCENT JOSEPH WOLF RD BAY VILLAGE, OH REP HEISLMAN, RICHARD C WOLF RD BAY VILLAGE, OH REP REDDY, ROBERTA 496 BRACKEN WAY BAY VILLAGE, OH NOPTY ANDREWS, ROBERT L WOLF RD BAY VILLAGE, OH DEM HOLLEMAN,PETER B W OVIATT RD BAY VILLAGE, OH OSBORNE,JONATHAN MACK INVERNESS DR BAY VILLAGE, OH NOPTY VESELY, KEVIN C INVERNESS DR BAY VILLAGE, OH TARANTO, NICK J OSBORN RD BAY VILLAGE, OH DEM GIRGASH, JOHN F OSBORN RD BAY VILLAGE, OH MILLER, THOMAS F OSBORN RD BAY VILLAGE, OH MCFARLAND, BRIAN J OSBORN RD BAY VILLAGE, OH MC FARLAND, BRIDGITA OSBORN RD BAY VILLAGE, OH AYLWARD, J DANIEL JEFFERSON CT BAY VILLAGE, OH AYLWARD, ELIZABETH A JEFFERSON CT BAY VILLAGE, OH DEM 17068

178 Petition Signer Details Run Date : CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION # 51G NO NAME ADDRESS CITY! STATE I ZIP PARTY CHALL: ; CH ALLCODE,: VOTER ID WYTZKA,JOANN WYTZKA,GEORGEP 62 EAGLE CLIFF DR 62 EAGLE CLIFF DR BAY VILLAGE, OH BAY VILLAGE, OH BURBACH, ADELINE B KNICKERBOCKER RD BAY VILLAGE, OH REP HODGE, NEIL 571 BASSETT RD BAY VILLAGE, OH SHADLER, ROBERT J WEBSTER RD 8AY VILLAGE, OH REP STIFFEY, CHERYL A KNICKERBOCKER RD BAY VILLAGE, OH NOPTY (NR), NR MYERS, KRISTIN M 572 BASSETT RD BAY VILLAGE, OH NOPTY ALBRIGHT, RYAN F 582 BASSETT RD BAY VILLAGE, OH MCCONNON,STEFANNIE F 594 BASSETT RD BAY VILLAGE, OH NOPTY (NR), NR ALBRIGHT, MEGAN K 582 BASSETT RD BAY VILLAGE, OH NOPTY DATKO, DAVID A 606 BASSETT RD BAY VILLAGE, OH DATKO, KAREN A 606 BASSETT RD BAY VILLAGE, OH FANTER, KARLA R 597 BASSETT RD BAY VILLAGE, OH DEM GRUDZIEN, DIANE L 579 BASSETT RD BAY VILLAGE, OH OEM LANG, KENNETH A 585 BASSETT RD BAY VILLAGE, OH LANG, ELLEN J 585 BASSETT RD 8AY VILLAGE, OH GRUDZIEN, KAREN A 593 BASSETT RD BAY VILLAGE, OH GRUDZIEN SR, MICHAEL J 593 BASSETT RD BAY VILLAGE, OH HODGE,SUSAN 571 BASSETT RD BAY VILLAGE, OH (NR), NR DORIN, LOREEN 311 FLORENCE CT BAY VILLAGE, OH REP MATTSON,KAREN M BEXLEY DR BAY VILLAGE, OH REP DORVILLIERS, MEGAN H 336 WALMAR DR BAY VILLAGE, OH CAREY,SUE E 367 BAR HARBOR DR BAY VILLAGE, OH REP KARIM III, ARMIN J 379 WALMAR DR BAY VILLAGE, OH REP (NR), NR SURDY.KAREN M 593 REVERE DR BAY VILLAGE, OH SURDY, PATRICK M 593 REVERE DR BAY VILLAGE, OH KNAPP,AMY M GOULDERS GRN BAY VILLAGE, OH KNAPP,JOSEPH M GOULDERS GRN BAY VILLAGE, OH COOPER,THOMAS A 271 BREEZEWOOD DR BAY VILLAGE, OH DUP ELLIS, MICHELLE L WOLF RD BAY VILLAGE, OH DEM HARTMAN, KARRI MICHELLE 559 RED OAK LN BAY VILLAGE, OH ALLEN.SCOTTFRANCIS MIDLAND RD BAY VILLAGE, OH NOPTY ALLEN, AMY L MIDLAND RD BAY VILLAGE, OH NOPTY SCHNEIDER JR, JOHN A WOLF RD BAY VILLAGE, OH FORDYCE,GRAYSONJ RUSSELL RD BAY VILLAGE, OH NOPTY ABBOTT, MICHAEL T 477 JUNEWAY DR BAY VILLAGE, OH NOPTY SYLVESTER,LAURA D 405 WALMAR DR BAY VILLAGE, OH FORTUNATO, WENDY A NORTHFIELD RD BAY VILLAGE, OH REP `=,Data Information ManagementSystems, Inc R ^.r,.^ Page 14of22 ".

179 Petition Signer Details Run Date : 6130l2007 CHARTER AMMENDMENT SEC 13.5 SAY VILLAGE "V CAMPBELL, CHRISTINE M 462 CLAGUE RD BAY VILLAGE, OH REP HORVATH,ANTHONYJ LAKE RD BAY VILLAGE, OH DEM (NR) ILL (NR) NR KAUCHECK,CARLA M 357 WALMAR DR BAY VILLAGE, OH BERGER, KIMBERLY L RUSSELL RD BAY VILLAGE, OH NOPTY (NR), NR BENIARD JR, WILLIAM RAY 603 OAKMOOR RD BAY VILLAGE, OH MCCLURE,KATHLEEN LINCOLN RD BAY VILLAGE. OH REP MYERS,JEFFS 379 APPLE BLOSSOM LN BAY VILLAGE, OH MYERS,BARBARAA 379 APPLE BLOSSOM LN BAY VILLAGE, OH KIESSLING, CHRISTINE S 198 PLYMOUTH DR BAY VILLAGE, OH REP TERRY,KATHLEEN ANN 619 CAHOON RD BAY VILLAGE, OH MADDEN III, THOMAS F KNICKERBOCKER RD BAY VILLAGE, OH DEM DORVILLIERS, DANIEL C 336 WALMAR DR BAY VILLAGE, OH NOPTY (NR), NR RUPPE, BRIAN J W OVIATT RD BAY VILLAGE, OH BRYANT, FREDERICK C LAKE RD BAY VILLAGE, OH NOPTY SLATER JR, JAMES A 393 LONGBEACH PKY BAY VILLAGE, OH DEM SLATER,MEGAN 393 LONGBEACH PKY BAY VILLAGE, OH NOPTY MCMAHON,MICHAELG LINCOLN RD BAY VILLAGE, OH NOPTY MCMAHON, BRIAN C N LINCOLN RD BAY VILLAGE, OH ALLAN,SEAN P 246 BRADLEY RD BAY VILLAGE, OH DEM ALLAN, STEPHENIE W 246 BRADLEY RD BAY VILLAGE, OH DEM JENNINGS, CATHERINE M 242 BRADLEY RD BAY VILLAGE, OH DEM (NR), NR CHAKIRELIS, JACQUELINE J 249 BRADLEY RD BAY VILLAGE, OH DEM (NR), NR NIUZZO, FRANK P 250 BRADLEY RD BAY VILLAGE, OH REP TEMPLE, DIAN 250 BRADLEY RD BAY VILLAGE, OH REP (NR), NR ENGEL, CLARENCE E W OAKLAND RD BAY VILLAGE, OH REP DUP BEESON,BRADJ WINSTON DR BAY VILLAGE, OH DEM SHIRY, ELIZABETH R WINSTON DR BAY VILLAGE, OH KORTH, CHRISTOPHER R WINSTON DR BAY VILLAGE, OH DEM BAIRD-BRYANT, BARBARA J LAKE RD BAY VILLAGE, OH NOPTY MCHENRY, WILLIAM J OSBORN RD BAY VILLAGE, OH ALEKSANDROVIC, MARY KAY LINCOLN RD BAY VILLAGE, OH DEM MCCARTHY,CHERYLL ORRACH OSBORN RD BAY VILLAGE, OH NOPTY WHITE, VALERIE KNICKERBOCKER RD BAY VILLAGE, OH LUFKIN, KATHLEEN T W OVIATT RD BAY VILLAGE, OH LUFKIN, DOUGLAS A W OVIATT RD BAY VILLAGE, OH

180 Petitian Signer Details Run Date : CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION # SIG NO NAME DDRESS ITYlSTATElZIP ARTY HALL'. CHALLCODE OTERID ^ 36 8 WAGNER, JULIE KNICKERBOCKER RD BAY VILLAGE, OH DEM THIES, MICHAEL W 552 DWIGHT DR BAY VILLAGE, OH REP BROWN, DEBORAH L E OVIATT RD BAY VILLAGE, OH DEM BLAKE, PATRICIA M LINCOLN RO BAY VILLAGE, OH SEDLAK, PATRICIA KENNEDY LAKE RD BAY VILLAGE, OH MILLER, THOMAS F OSBORN RD BAY VILLAGE, OH DUP (NR), NR BONNETT. PAMELA L 448 ELMWOOD RD BAY VILLAGE, OH DEM LEE, TIMOTHY G W OAKLAND RD BAY VILLAGE, OH REP FRANKO, GLENN K WOLF RD BAY VILLAGE, OH MARBLE, DESIREE E WOLF RD BAY VILLAGE, OH ALEKSANDROVIC, ROBERT LINCOLN RD BAY VILLAGE, OH MCCARTHY, DAVID M OSBORN RD BAY VILLAGE, OH BECK. MICHAEL A KNICKERBOCKER RD BAY VILLAGE, OH SMITH, MARILYN C W OVIATT RD BAY VILLAGE, OH REP SMITH, P MICHAEL W OVIATT RD BAY VILLAGE, OH REP BECK,LAURELM KNICKERBOCKER RD BAY VILLAGE, OH DUP (NR), ILL KALATA,JOY L WOLF RD BAY VILLAGE, OH SPINELLI, CHARLES V W OAKLAND RD BAY VILLAGE, OH SPINELLI, LISA A W OAKLAND RD BAY VILLAGE, OH KALATA,JEFFREY R W OAKLAND RD BAY VILLAGE, OH REP ARONSON, RICHARD C W OAKLAND RD BAY VILLAGE, OH OEM ARONSON,SHERRY R W OAKLAND RD BAY VILLAGE, OH CONNELL, ERIN B 301 CANTERBURY RD BAY VILLAGE, OH DEM STANTON,MARGARETA 348 CANTERBURY RD BAY VILLAGE, OH DEM STANTON,THOMAS F 348 CANTERBURY RD BAY VILLAGE, OH DEM BAKER,NEALA 514 CAHOON RD BAY VILLAGE, OH REP KAZANAS,SARAH ROBERTA DR BAY VILLAGE, OH REP MARTIN, JOHN T KIMERLY DR BAY VILLAGE, OH DEM WORTHINGTON, LINDA K 617 CANTERBURY RD BAY VILLAGE, OH DEM SLANE,STEVE ASHTON LN BAY VILLAGE, OH DEM DEMETER, CHRISTINE A ASHTON LN BAY VILLAGE, OH KRASOVIC, EDWARD R 630 BRADLEY RD BAY VILLAGE, OH NOPTY KRASOVIC, LUCILLE A 630 BRADLEY RD BAY VILLAGE, OH NOPTY HOUPT, CLAIRE M MIDLAND RD BAY VILLAGE, OH HOUPT,JOHN M MIDLAND RD BAY VILLAGE, OH GRANT, ALISON K 487 CANTERBURY RD BAY VILLAGE, OH DEM HICKEY, ELIZABETH A 580 DEBBINGTON DR BAY VILLAGE, OH DEM HOWARTH, CHRISTINA J MAPLE DR BAY VILLAGE, OH REP HOWARTH, BRIAN R MAPLE DR BAY VILLAGE, OH STEPHENS, KATHLEEN BRENNAN 366 ELMWOOD RD BAY VILLAGE, OH REP

181 Petition Signer Details Run Date : CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION# SIGNO NAME ADDRESS CITY / STATE / ZIP : PARTY CHALLCHALLCODE VOTER ID r 39 8 BLACKIE, JANE F OSBORN RD BAY VILLAGE, OH REP BLACKIE, EMILY JANE OSBORN RD BAY VILLAGE, OH BLACKIE III, WILLIAM E OSBORN RD BAY VILLAGE, OH REP SKULLY, JUDITH L OSBORN RD BAY VILLAGE, OH SKULLY, ROBERT A OSBORN RD BAY VILLAGE, OH (NR), NR VINICA, ROBERT N NORT?iFIELD RD BAY VILLAGE, OH REP VINICA, IRMGARD B NORTHFIELD RD BAY VILLAGE, OH REP MCCONNELL, JUDY W LAKE RD BAY VILLAGE, OH SCHMID, HELEN R WOLF RD BAY VILLAGE, OH DEM SCHMID, NORM E WOLF RD BAY VILLAGE, OH REP (NR), NR KOWAL, MATTHEW S E OVIATT RD BAY VILLAGE, OH NOPTY DEANNA,ELENA G 601 YARMOUTH LN BAY VILLAGE, OH DEM STUTTS, RUTH M BAYFAIR CT BAY VILLAGE, OH CROPP, ERIC J CAMBRIDGE DR BAY VILLAGE, OH GUTTMANN,ANNAE CAMBRIDGE DR BAY VILLAGE, OH GRISWOLD, FRANK S CAMBRIDGE DR BAY VILLAGE, OH DEM ALDRIDGE JR, JOHN H 293 SADDLER RD BAY VILLAGE, OH BOYD,CONDAS W OAKLAND RD BAY VILLAGE, OH DEM CARNEY, ROBERT W 562 BRADLEY RD 134Y VILLAGE, OH GOTSCH,AUDREY H ASHTON LN BAY VILLAGE, OH GOTSCH, HENRY E ASHTON LN BAY VILLAGE, OH (NR), NR (NR), NR BARBER,ANNET ASHTON LN BAY VILLAGE, OH REP MAYER, PATRICIA A CAMBRIDGE EAST CT BAY VILLAGE, OH DEM MARTIN, JOHN H E OVIATT RD BAY VILLAGE, OH REP MARTIN, KIMBERLY A E OVIATT RD BAY VILLAGE, OH PATTON-BROWN, NANCY J WOLF RD BAY VILLAGE, OH NOPTY JAMES,JANALEE B W OAKLAND RD BAY VILLAGE, OH JAMES,CHARLES W W OAKLAND RD BAY VILLAGE, OH TRAINER, NANCY L OSBORN RD BAY VILLAGE, OH DEM BAUMGARD,MARC A 618 BRADLEY RD BAY VILLAGE, OH DEM RIGGLEMAN JR, ROBERT E 618 BRADLEY RD BAY VILLAGE, OH KOGGE,JEAN K CAMBRIDGE DR BAY VILLAGE, OH REP MULLEN, MARJORIE R CAMBRIDGE EAST CT BAY VILLAGE, OH DEM FINCH, NANCY S CAMBRIDGE CIR BAY VILLAGE, OH DEM RICE, ROBERT J PERRY DR BAY VILLAGE, OH KENNEDY, KATHLEEN ANN PERRY DR BAY VILLAGE, OH DEM GALLO, BRIAN P HUNTINGTON WOODS PKY BAY VILLAGE, OH DEM GALLO, PAUL E HUNTINGTON WOODS PKY BAY VILLAGE, OH DEM JL1ata Information Management Systems, Inc

182 Petition Signer Details Run Date : CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE tw 40 3 NYE,KURT D 478 LAKE FOREST DR BAY VILLAGE, OH REP VOIGT, VALERIE D E OVIATT RD BAY VILLAGE, OH DEM (NR), NR FEIGHAN, CHRISTOPHER R LAKE RD 56 BAY VILLAGE, OH DEM ANDERSON, LISA A 470 JUNEWAY DR BAY VILLAGE, OH GANNON, HARRIET M 562 JUNEWAY DR BAY VILLAGE, OH DEM MURNANE,M SUSAN WILLOWAY LN BAY VILLAGE, OH DEM URSETTI, SAMUEL P HENRY RD BAY VILLAGE, OH DEM TERRY, PATRICIA A 520 GLEN PARK DR 8AY VILLAGE, OH DEM DRISCOLL, DENNIS G WILLOWAY LN BAY VILLAGE, OH DEM DYKE,ANN TURNBRIDGE RD BAY VILLAGE, OH DEM DYKE,JOHN T TURNBRIDGE RD BAY VILLAGE, OH DEM OBOYLE, MICHAEL J E OAKLAND RD BAY VILLAGE, OH DEM GORE, MICHAEL L 410 OAKMOOR RD BAY VILLAGE, OH DEM OMALLEY, ROBERT E WOLF RD BAY VILLAGE, OH DEM OMALLEY, NOREEN C WOLF RD BAY VILLAGE, OH DEM PETERSON,LEE M FOOTE RD BAY VILLAGE, OH PETERSON,STEPHEN D GOULDERS GRN BAY VILLAGE, OH BERRY,GERTRUDE OSBORN RD BAY VILLAGE, OH DEM BIRNEY, TRACY T FOOTE RD BAY VILLAGE, OH BIRNEY, GLENN S FOOTE RD BAY VILLAGE, OH NG WEST, ALLEN S SALEM DR BAY VILLAGE, OH REP WEST, MARTHA M SALEM DR BAY VILLAGE, OH REP PHILLIPS III, THOMAS S EDGEWOOD RD BAY VILLAGE, OH DUP HOCHMAN, RITA HART 304 GLEN PARK DR BAY VILLAGE, OH DEM HOCHMAN,JOSEPH 304 GLEN PARK DR BAY VILLAGE, OH DEM YOUNG,SUSAN T 606 CRESTVIEW DR BAY VILLAGE, OH HANSEN, ERIC M EDNIL DR BAY VILLAGE, OH NOPTY i CUSIMANO, JENNIFER B 177 PLYMOUTH DR BAY VILLAGE, OH MILLER, EDWARD M LAKE RD BAY VILLAGE, OH REP MCBRIDE, BRIAN A LAKE RD BAY VILLAGE, OH REP DOCKRILL, KIMBRELLI A WESTWOOD RD BAY VILLAGE, OH DEM (NR), ILL SOOY, EMALEE M 357 BASSETT RD BAY VILLAGE, OH ACCORII, LYNN A 170 PLYMOUTH DR BAY VILLAGE, OH REP WATTERSON,STEWART G KIMERLY DR BAY VILLAGE, OH DEM DYKAS, ROBERT A WOLF RD BAY VILLAGE, OH SANFILIPPO, JOSEPH A 69 HUNTINGTON WOODS PKY BAY VILLAGE, OH WILLIAMS, ANN M OSBORN RD BAY VILLAGE, OH HUNT, SUSAN A LISAVIEW DR BAY VILLAGE, OH CERNEA, EILEEN M OSBORN RD BAY VILLAGE, OH DEM MCNALLY,ANNA E WOLF RD BAY VILLAGE, OH DEM

183 Petition Signer Details Run Date : CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION 4 SIG NO NAME ADDRESS CfTY ( STATE f ZIP PARTY CHALLCHALLCODE s VOTER ID ^ FOLEY, KATHLEEN A LAKE RD BAY VILLAGE, OH GUSKA,CAROLEA 602 YARMOUTH LN BAY VILLAGE, OH REP GUSKA,JOHN R 602 YARMOUTH LN BAY VILLAGE, OH VENTIMIGLIA, JOANN M 365 GLEN PARK DR BAY VILLAGE, OH WALSH, JOHN P JEFFERSON CT BAY VILLAGE, OH REP JEFFERS, MELANIE C LAKE RD BAY VILLAGE, OH PETZ, MATTHEW D EATON WAY BAY VILLAGE, OH FISCO, SUSAN G 443 OAKMOOR RD BAY VILLAGE, OH DEM CRUDELE, ROSEMARIE J W OVIATT RD BAY VILLAGE, OH DEM MCBRIDE, BEVERLY C WOLF RD BAY VILLAGE, OH DEM MULKERN,S D WOLF RD BAY VILLAGE, OH REP WALKER, GORDON H WOLF RD BAY VILLAGE, OH REP WALKER, CAROL A WOLF RD BAY VILLAGE, OH REP HARKNESS,JULIANNE 340 SADDLER RD BAY VILLAGE, OH DEM CAMPBELL, KIMBERLY P LINCOLN RD BAY VILLAGE, OH PRIEST, W JAMES LAKE RD BAY VILLAGE, OH REP MICHAUD, SCOT H 544 ELMWOOD RD BAY VILLAGE, OH REP PAILES, NANCY J MANHASSET DR BAY VILLAGE, OH PAILES, RICHARD E MANHASSET DR BAY VILLAGE, OH CROWLEY,TREACY C OSBORN RD BAY VILLAGE, OH DEM PARKS,MARGARET W KNICKERBOCKER RD BAY VILLAGE, OH FALCONE, NICK M W OAKLAND RD 8AY VILLAGE, OH NOPTY NOVAK, LISA M 568 PARKSIDE DR BAY VILLAGE, OH WILSON, JERRY W 632 BRADLEY RD BAY VILLAGE, OH REP VOLL, LIBBY K ROXBURY PARK DR BAY VILLAGE, OH VACHA, MICHELLE L 392 LAKE FOREST DR BAY VILLAGE, OH NOPTY VACHA, MICHAEL J 392 LAKE FOREST DR BAY VILLAGE, OH RODGERS-URAM, HOLLY B FOOTE RD BAY VILLAGE, OH DEM URAM,MARKJ FOOTE RD BAY VILLAGE, OH HOLLAND, KEVIN B 329 FLORENCE CT BAY VILLAGE, OH REP SAXTON,SCOT7A 603 HUMISTON DR BAY VILLAGE, OH REP HASKETT, LAURICE P WALKER RD BAY VILLAGE, OH MACRAE, JENNIFER B MILLARD DR BAY VILLAGE, OH HYLAND, TAMARA L 597 CANTERBURY RD BAY VILLAGE, OH HYLAND, RICHARD L 597 CANTERBURY RD BAY VILLAGE, OH BROADBENT,LUANN 522 JUNEWAY DR 8AY VILLAGE, OH REP LEHMANN, KATHY L 450 LAKE FOREST DR BAY VILLAGE, OH KISH, KAREN MARIE HENRY RD BAY VILLAGE, OH PROKES,JEAN M 322 PLYMOUTH DR BAY VILLAGE, OH DEM PROKES, RUSSELL T 322 PLYMOUTH DR BAY VILLAGE, OH SOLOMON,JOHNS WOLF RD BAY VILLAGE, OH REP KASUNICK, FRED A 348 PLYMOUTH OR BAY VILLAGE, OH

184 Petition Signer Details Run Date : 8130/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE 46 5 (NR) NRA (NR) BLANK COLLERAN, HOLLY CARLTON DR BAY VILLAGE, OH DEM LANGHENRY JR, ED F BEXLEY DR BAY VILLAGE, OH DEM BLISCIK, ANDREW 302 PLYMOUTH DR BAY VILLAGE, OH REP WHfTE, SARA S WALKER RD BAY VILLAGE. OH I WAFFEN, NICOLE MARIE 564 EDINBOROUGH DR BAY VILLAGE, OH REP WAFFEN,CHAD 564 EDINBOROUGH DR BAY VILLAGE, OH REP HENTERLY,KAREN 240 PLYMOUTH DR BAY VILLAGE, OH I KRANZ BANASIAK, CLAIRE E NANTUCKET ROW BAY VILLAGE, OH I BILARDO, VINCENT J WOLF RD BAY VILLAGE, OH NOPTY HALTER, GEORGE E NANTUCKET ROW BAY VILLAGE, OH REP OPATRNY, MARY A TIMBER LN BAY VILLAGE, OH REP OPATRNY JR, JAMES TIMBER LN BAY VILLAGE, OH REP COOPER,THOMAS A 271 BREEZEWOOD DR BAY VILLAGE, OH I MCKENNA,SHARONS RUSSELL RD BAY VILLAGE, OH DEM MCKENNA, MICHAEL E RUSSELL RD BAY VILLAGE, OH ENGEL, CLARENCE E W OAKLAND RD BAY VILLAGE, OH REP KRUEGER, DOREEN A WOLF RD BAY VILLAGE, OH MAN8UETT0, MICHAEL F 576 BRADLEY RD BAY VILLAGE, OH I MANSUETTO,COLLEEN M 576 BRADLEY RD BAY VILLAGE, OH I REESE, WAYNE A 376 SADDLER RD BAY VILLAGE, OH REP WOODS,MARY M W OAKLAND RD BAY VILLAGE, OH REP TADYCH, DAVID L 410 OAKMOOR RD BAY VILLAGE, OH REP FLOWERS, JOHN D WOLF RD BAY VILLAGE, OH I YOUNG, MICHAEL A 606 CRESTVIEW DR BAY VILLAGE, OH REP MADIGAN, DAVID M CAMBRIDGE DR BAY VILLAGE, OH REP (NR), NR RICH, DAVID E CAMBRIDGECIR BAY VILLAGE, OH DEM (NR), NR KUGLER,NORA C CAMBRIDGE DR BAY VILLAGE, OH I WILHELM, SUSAN L W OAKLAND RD BAY VILLAGE, OH REP WALLACE, ELIZABETH M ASHTON LN BAY VILLAGE, OH DEM MINNICH, JOAN M 601 WELLFLEET DR BAY VILLAGE, OH I GRADY.MARYA 605 WELLFLEET DR BAY VILLAGE, OH I WILLIAMS, JAMES R PROVINCETOWN LN BAY VILLAGE, OH I TARICSKA JR, JOSEPH K 359 BAR HARBOR DR BAY VILLAGE, OH I KESTLER, HARRY W OSBORN RD BAY VILLAGE, OH REP GRADY, EMILY A 605 WELLFLEET DR BAY VILLAGE, OH NOPTY TARICSKA, POLLY T 359 BAR HARBOR DR BAY VILLAGE, OH I WILLIAMS, PAMELA J PROVINCETOWN LN BAY VILLAGE, OH I BEHL,ELLEN N CHATHAM POINT DR BAY VILLAGE, OH I 13415

185 Petition Signer Details Run Date : CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE "t SECTION # SIG NO NAME ADDRESS CITY! STATE t ZIP PARTY CHALL, CCHALLCODE VOTER ID ^ 10 ROSS, STEPHANIE R 606 WELLFLEET DR BAY VILLAGE, OH ROSS,AMYE 606 WELLFLEET DR BAY VILLAGE, OH NICKEL, LARRY E 614 WELLFLEET DR BAY VILLAGE, OH PUGLIESE, NICHOLAS J 617 WELLFLEET DR BAY VILLAGE, OH DEM GREALIS SR, ROBERT F PROVINCETOWN LN BAY VILLAGE, OH GREALIS, MARCIA R PROVINCETOWN LN BAY VILLAGE, OH VOEGELE, WILLIAM P PROVINCETOWN LN BAY VILLAGE, OH ALLEN, MARIA M PROVINCETOWN LN BAY VILLAGE, OH REP PUGLIESE, JULIE E 617 WELLFLEET DR BAY VILLAGE, OH ROSS,DONALR 606 WELLFLEET DR BAY VILLAGE, OH DEM BAIRD, SUSANNA P PROVINCETOWN LN BAY VILLAGE, OH DEM BAIRD, TERRY M PROVINCETOWN LN BAY VILLAGE, OH DEM ALLEN, MICHAEL J PROVINCETOWN LN BAY VILLAGE, OH REP FENWICK, MARK H 595 WELLFLEET DR BAY VILLAGE, OH REP HIGGINS, ROBERT J PROVINCETOWN LN BAY VILLAGE, OH NOPTY RINI, MARTHA A NANTUCKET ROW BAY VILLAGE, OH MEDLEY, MARLENE F 347 BASSETT RD BAY VILLAGE, OH REP GALLO, BARBARA D HUNTINGTON WOODS PKY BAY VILLAGE, OH DEM JASTER JR, MARTIN R NANTUCKET ROW BAY VILLAGE, OH DEM BIESTERFELDT, JOHN C NANTUCKET ROW BAY VILLAGE, OH OEM COCHRAN,JOAN H NANTUCKET ROW BAY VILLAGE, OH REP RANALLO. PATRICIA J NANTUCKET ROW BAY VILLAGE, OH DEM CARPENTER,JANET S H1+ kntington ' WOODS PKY BAY VILLAGE, OH SLEEPER, VALERIE D 234 BRA LEY RD BAY VILLAGE, OH (C) BARKER, APRIL S A E RD BAY VILLAGE, OH NR SHIMKO, EILEEN D BRUCE RD BAY VILLAGE. OH REP SHIMKO. HARRY J BRUCE RD 8AY VILLAGE, OH REP SWITAJ SR, WILLIAM J W OAKLAND RD BAY VILLAGE, OH REP SWRAJ, LILLIAN T W OAKLAND RD BAY VILLAGE, OH REP OUTCALT,KATHLEEN M APPLEWOOD DR BAY VILLAGE, OH WENZELL, ELIZABETH A 550 GLEN PARK DR BAY VILLAGE, OH REP DOYLE,JEFFREYT LINCOLN RD BAY VILLAGE, OH NOPTY GROSS,LORRIA 576 GLEN PARK DR BAY VILLAGE, OH GRABER, ELLEN M LAKE RD BAY VILLAGE, OH DEM HAGEN, PATRICIA NANTUCKET ROW BAY VILLAGE, OH REP SCHEFFNER, EDMUND C REXFORD RD BAY VILLAGE, OH REP SCHEFFNER,JANE REXFORD RD BAY VILLAGE, OH REP BARTON,ROY D E OAKLAND RD BAY VILLAGE, OH REP DARGIS,ANTOINETTE WOLF RD BAY VILLAGE, OH WIER, ROSEMARY A 485 GLEN PARK DR BAY VILLAGE, OH DEM BENINGHOF, VIRGINIA E CAMBRIDGE DR WEST BAY VILLAGE, OH OEM BENINGHOF, RICHARD M CAMBRIDGE DR WEST BAY VILLAGE, OH REP

186 Petition Signer Details Run Date : 8130l2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE Total Signers : PENNOCK,SCOTTM CARLTON DR BAY VILLAGE, OH DEM PENNOCK, MISTY R CARLTON DR BAY VILLAGE, OH OEM EASTWOOD, ALICE A GOULDERS GRN BAY VILLAGE, OH MORRISON, DOUGLAS W GOULDERS GRN BAY VILLAGE, OH OEM HANSEN,ETHELL EDNIL DR BAY VILLAGE, OH REP HALE, SUSAN JANE BEXLEY DR BAY VILLAGE, OH NOPTY HALEY,SUSAN RUSSELL RD BAY VILLAGE, OH KMETZ, RICHARD N LINCOLN RD BAY VILLAGE, OH DEM MATOVIC, JAMES J 431 WALMAR DR BAY VILLAGE, OH FOX, CYNTHIA S EDNIL DR BAY VILLAGE, OH REP FOX, VICTOR B EDNIL DR BAY VILLAGE, OH REP DEVETSCO,DAPHNE EDNIL OR BAY VILLAGE, OH DEM MARTIN, CHRISTINE A E OVIATT RD BAY VILLAGE, OH STRUNK, JAMES C RUSSELL RD BAY VILLAGE, OH REP KAHL, PATRICIA A 298 CANTERBURY RD BAY VILLAGE, OH REP EISENBERG, JULIE CLARE 538 GLEN PARK DR BAY VILLAGE, OH NOPTY WILSON, STEVEN L 302 CANTERBURY RD BAY VILLAGE, OH REP KIRBY, GEORGE B WINSTON DR BAY VILLAGE, OH REP MCLAUGHLIN, VIORICA E WAYSIDE LN BAY VILLAGE, OH NOPTY GOSKY, BERNADETTE M 608 REVERE DR BAY VILLAGE, OH REP DAVIS, ANNE WARD OSBORN RD BAY VILLAGE, OH REP DAVIS, DANIEL PAUL OSBORN RD BAY VILLAGE, OH HART,ANNE V KNICKERBOCKER RD BAY VILLAGE, OH DEM BERNYS, WILLIAM E KNICKERBOCKER RD BAY VILLAGE, OH REP MATTERN,DOROTHYL OSBORN RD BAY VILLAGE, OH REP EVANS,JULIP OSBORN RD BAY VILLAGE, OH EVANS,SCOTTA OSBORN RD BAY VILLAGE, OH PALOMAKI, JULIE E OSBORN RD BAY VILLAGE, OH NOPTY ZVARA,JANET C W OAKLAND RD BAY VILLAGE, OH DEM ZVARA,EUGENE P W OAKLAND RD BAY VILLAGE, OH OEM ZVARA, EUGENE P W OAKLAND RD BAY VILLAGE, OH DEM DUP MUECKENHEIM, DAVID L W OAKLAND RD BAY VILLAGE, OH OEM MUECKENHEIM, JACQUELINE K W OAKLAND RD BAY VILLAGE, OH DEM (NR), BLANK 0

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189 (ilitu uf Tsttg laitiagg 350 DOVER CENTER ROAD BAY VILLAGE, OH7O OFFICE OF TIIE COUNCIL Brian C. Cru.se President of Council Mark E. Barbour Council-at-large Phone: Fax: ] Joan T. Kemper Clerk of Council Jarnes E. Scott Cnuncil-at-large Dorrald L. Zimmernrmr Ward I Paul A. Koomer Vice President of Council Ward 2 Scofr A. Po/dkamp Ward 3 I, Joan T. Kemper, the undersigned, certify that the attached is a true and correct copy of the Minutes of a Special Meeting of the City Council held September 6, Mickacl A. Young Ward 4 Date: ^K - ^^? /.a 1 Jo^dn T. Kemper, Clerk o Council City of, Ohio EXHIBIT G3 ityolbayvill age.com

190 CITY OF BAY VILLAGE Council Minutes, Special Meeting September 6, 2007 Council Chambers 6:30 p.m. Brian C. Cruse, President of Council, Presiding Present: Barbour, Cruse, Koomar, Pohlkamp, Scott, Young, Mayor Sutherland Not Present: Mr. Zimmerman Others Present: Director of Law Ebert, Service Director Sears, Community Services Director Bock, Recreation Director Enovitch, Fire Chief Sammon, Police Chief Wright President of Council Cruse called this Special Meeting of Council to order at 6:30 p.m. on Thursday, September 6, 2007, with the Pledge of Allegiance and Roll Call. MOTION by Koomar to convene to executive session to discuss litigation. Roll Call Vote: Yeas - Barbour, Cruse, Koomar, Pohlkamp, Scott, Young. Nays - None. Motion carried 6-0. AUDIENCE The following signed in: Gerald Phillips, Eric J. Eakin, Alex and Karen Dade, Jerrie Bamett, Eric M. Hansen, Mike Gore, Dave Tadych, Carolyn Steigman, Jeff Gallatin, Nancy Trainer, Gerry Schreibman, Joe and Rita Hochman, Lydia DeGeorge, Kevin Murray, Michael O'Boyle, Gerald R. Horning, R. Lambert, Sally Irwin Price Mr. Cruse stated that late in the day on August 28 a petition was delivered to the Clerk of Council requesting that a charter amendment be placed on the November 6, 2007 ballot to make the position of Law Director an elected position. On August 29, 2007, the Clerk of Council delivered those petitions to the Board of Elections with a request for them to review for the number of valid signatures in terms of voter status relative to existing Charter provision Section 13.5, and also requested that the Board review the petition for applicable legal requirements as to their sufficiency. On August 31, a response was received back from the Board of Elections that indicated the valid number of signatures to be 825 and indicated in their letter back to Mr. Cruse that based on the charter of the City of the petition must contain, by their count, 1,444 valid signatures which is based on Charter provision Section 13.5 that reads that a charter amendment petition must have signatures of 10% of the registered electors of the municipality. The Board of Elections measurement was based on that charter provision. Later in the day on August 31, it became clear that Council would be well served by having a legal opinion as to their duties and responsibilities relative to the petition. By letter to Mr. Ebert, Mr. Cruse asked Mr. Ebert's assistance in securing an independent source to help guide

191 Minutes of a Special Meeting of 2 City Council Held September 6, 2007 Council through the next steps, realizing that given the subject matter of the petition, to ask Mr. Ebert in his role as current Law Director to issue that opinion would be fraught with its own issues. Mr. Cruse stated that he was then put in touch with Mr. Stephen O'Bryan who currently serves as the Law Director of the Village of Bratenahl and who will address Council this evening. On Wednesday, September 5, based on discussions that Mr. Cruse had with Mr. O'Bryan, Mr. Cruse advised that he wrote to the Board of Elections again asking them to please address the technical requirements of the part petitions. Mr. Cruse explained that the individual circulated documents are known as "part petitions" and the total package of part petitions is known as the petition. The Board politely declined in response back to Mr. Cruse stating that a review of that kind should come from the city Law Director. Mr. Cruse then returned to Mr. O'Bryan to have him answer some of those questions. Mr. Cruse further advised that it is the responsibility of City Council, at this point in time, to pass judgment on whether or not Council believes as a body that the petition represents a legally valid petition in which case the charter language is mandatory that Council immediately vote to pass an ordinance to place the matter before the electorate as has been requested by the petition. If Council does not feel that the standard has been met the case law does not place a mandatory duty to put the measure on the ballot. The deadline for submission of these matters to the Board of Elections is 4:30 p.m., Friday, September 7. Mr. Cruse noted that Council has had five or six business days to educate themselves to the best of their ability to reach this point. Council has reached out for as much information as could be assimilated in that time. Law Director Ebert stated that he has been fortunate enough to serve the city for more than 20 years under four different Mayors. Mr. Ebert continued that twice during that tenure he has had to rule on charter issues concerning how issues were placed on the ballot, both conceming the election of Council people in Ward One who were elected and subsequently ruled off the position by the Supreme Court in one case and the Court of Appeals in another case. Mr. Ebert explained it is not an easy task because you are actually confronting the issue of petitions or voter approval. As Law Director, Mr. Ebert stated, he had to rule on the charter unless a court ruled otherwise. Mr. Ebert contacted Mr. Cruse stating that there is obviously a perception, if not a real conflict, in making this opinion. Mr. Ebert suggested names of various Law Directors to contact, which Mr. Cruse did concerning this matter to make a proper ruling for City Council to take into consideration with the deliberation of this issue. Joan Kemper, Clerk of Council, who the petitions were actually filed with, has always had in her possession the original petitions, other then when they were delivered to the Board of Elections. Ms. Kemper delivered the petitions to the Board of Elections and actually picked them up on the Friday before the holiday weekend. Mr. Phillips has served correspondence on Mr. Ebert as late as this afternoon, September 6, and all correspondence has been turned over to Mr. O'Bryan for a proper response since he will be making the legal opinions or legal guidance of City Council in this matter. Mr. Stephen O'Bryan addressed the Mayor, Council, and audience stating that he has been retained by the city over the last couple of days to take a look at the issues that face

192 Minutes of a Special Meeting of 3 City Council Held September 6, 2007 Council today. Mr. O'Bryan stated that initially he found when reviewing the part petitions that the petitions have been circulated in this community since May, 2007 and we find ourselves with petitions being filed, after that long a period of time being circulated, essentially five business days before the time to act. The time to act on a petition such as this is here, and this is the reason we are having a special council meeting this evening. Mr. O'Bryan advised that initially he looked at the law to determine if a filing as late as this when there doesn't seem to be any necessity for it would have a legal effect on the deliberations. The court stated that basically if the petition is filed the day of the statutory deadline, or perhaps even before, so that the Board of Elections couldn't do its duty, they would not find there was a mandatory duty. The court advised that in addition to that they would look at each case on an individual case-by-case basis to determine whether or not these petitions were filed too late for no good reason. Mr. O'Bryan continued that he has advised Council to have this special meeting this evening because there is language in some of the cases that their duty is, nevertheless, to act forthwith and swiftly and it is important enough for the citizens here that Council carry out that duty even though there is a question about the lateness of this filing and the need to have a special Council meeting in this truncated period to carry out the mandatory duty as Councilmen. Mr. O'Bryan further stated that the city has attempted to do their duty in the time the filers of the petition have allowed. As the Council President has indicated, when we are involved in a situation like this, the face of the petitions are first reviewed. Mr. O'Bryan explained that when he first was retained he only had copies of the petitions because the originals were on file with the Board of Elections. When the originals came back from the Board of Elections and looked at Mr. O'Bryan found numerous incidents of alterations with the petitions. Mr. O'Bryan immediately suggested that the petitions be resubmitted to the Board of Elections, which Mr. Cruse did on Tuesday, September 4, to have them investigate the alterations. The Board wrote back and said that it is up to the City of to investigate. There has been very little time to do any investigation in that regard. Nonetheless, the law is clear that alterations in the petitions are a reason to determine that they are insufficient and invalid and there are numerous alterations on the petitions, by tape, and the petitions themselves are not uniform. The law makes it clear that all part petitions are to be uniform and filed together as one instrument. Numerous part petitions have page numbers on them and numerous ones do not. All of them have one word taped over and changed. Many of them have numerous taped over changes on the petitions. Given the law that that in effect invalidates the petitions is one issue tonight. In addition, these petitions suggest that there was a conunittee formed of petitioners to circulate the petitions. This committee is named in the petition itself and a statement is given to all of the voters of the City of that there was a designation of the following petitioners as a committee to be regarded a filing this petition or its circulation. The clear meaning of the word "petitioners" is that they signed the petition as a signer and Mr. O'Bryan's review of the petition indicates that they have not done that and they are not petitioners even though they represented that to every voter that signed the petition. Mr. O'Bryan stated that there has been some misrepresentation and one that affects Council's duty to act on these petitions in determining whether or not

193 :diinutes of a Special Meeting of 4 3ay Village City Council ;-{eld September 6, 2007 Council has a mandatory duty to submit them. Mr. O'Bryan further commented that these petitions on their face suggest that they are for the election of the Law Director and the document basically says "and to provide for the office of the Director of Law." On the substance of the petition itself, it can be seen that there are at least two, separate, distinct, charter amendments being proposed, 1) whether or not to elect a Law Director, and 2) a number of new and substantial changes in terms of the position of Law Director in this community. One that not only sets forth the term, but sets forth different qualifications than exist now, sets forth the residency requirement, sets forth the prohibition from other public employment, sets forth the removal procedure, all of which someone could be interested in electing a Law Director but certainly disagree with any or all of some of the other provisions set forth in the amendment. Both the Charter, in Section 13.5, as well as 2.13 in the Ohio Constitution indicates that a proposed amendment to the charter can be submitted by petition. Mr. O'Bryan states here that that is a one amendment per petition rule and this amendment tries to lump together at least two proposals in one petition, which Mr. O'Bryan believes violates those provisions. Mr. O'Bryan added that all of the Councilmen have a sworn duty to uphold the charter in this community, a charter that was voted in by all the citizens of the community at various times. The Charter Section of 13.5 was voted by the people in 1962 and clearly and unambiguously states that charter amendment petitions must be signed by ten percent (10%) of the registered electors of this community. That is different than what is found set forth in the statues and constitution of the state. Not only is there a charter to set forth that requirement, but the primary body that the law sets forth and even that the Supreme Courts caution that Councilmen should look to as to their duties is to the Board of Elections. Council acted exemplary in this situation by submitting this issue to the Board and the Board on two occasions has set forth to the city in clear and unambiguous terms that the minimum petition requirements for this issue is 1,444 signatures. In addition, the case law would indicate that in all instances when we can we should attempt to harmonize the provisions of the municipal charter with the constitution and even though there is some possible contrary opinion in the Westlake case, which Mr. O'Bryan believes is distinguishable from this issue, there is a way to interpret the charter in harmony with the constitution of the state to require the registered elector requirement as indicated by the Board of Elections. Mr. O'Bryan concluded by saying that the petitions raise, on a last minute and unnecessary basis, numerous questions and issues of alterations, misrepresentation, constitutional law, and numerous attempts to amend the charter on one petition that in Mr. O'Bryan's opinion he does not believe it can be said with certainty that Council has a mandatory duty to submit this issue to the November ballot. Mr. Cruse reiterated that the duty of Council tonight is to pass its judgment on whether or not the petition has met the legal requirements to be placed on the ballot, not anything to do with the subject matter of the petition itself. It is not Council's job here tonight to

194 Minutes of a Special Meeting of 5 City Council Held September 6, 2007 decide whether or not they agree with what is contained in the petition; it is Council's job to determine whether or not they believe that the petition meets the needed requirements for Council to have a mandatory duty to place it on the ballot. Mr. Cruse explained that the Westlake charter, prior to their particular case being decided, contained a provision that required ten percent (10%) of those voters that voted in the last election where a charter amendment was on the ballot. The court clearly stated that that language wasn't even close. That section was amended in 2003 and had language that virtually nears what is contained in the charter. Mr. Cruse asked Mr. O'Bryan the legal standard Council is charged with in assessing the petitions. Mr. O'Bryan responded that the law is clear that the election laws are to be strictly construed unless a contrary intent appears in a statute and on the issues that appear here there is no statute Mr. O'Bryan is aware of that would relieve one of strict compliance with the elections. Given the alterations and the other issues with these petitions there is no real way for Council to know, at least at this point, just how many valid signatures there are on the petitions under any requirement. Councilman Jim Scott asked Mr. O'Bryan if he can say whether or not the so-calied violations are material or not. Mr. O'Bryan responded that he believes the violations are on the face if you change a word of a charter amendment or if you change an address of a circulator, or a name, those appear to be material. In addition, when one circulates a petition that is not in conformity as one document and has all these changes it raises questions under Section because someone didn't take the time to have one consistent set of petitions that was circulated and signed by the people. Mr. O'Bryan added that in his thirty-five years of experience that is the requirement and is the norm and that is what is done. If these petitions had been filed in the normal course there would have been an opportunity to have a protest hearing with the Board of Elections, investigation, and time to ferret out all of these issues. Mr. Scott asked how many part petitions had a different name or address of the petitioners. Mr. O'Bryan stated that there are four part petitions that appear to be different than the other ones. They have page numbers on them and they have taped over names and addresses of the petitioners. Mr. Scott stated that if those four petitions were removed that would be a maximum of 100 signatures. Mr. O'Bryan reiterated that many of these signatures have the same circulator of one form and then circulators of the other and that could knock out all of the petitions. The fact that we have alterations of all of the petitions and given the time that we have and the investigation of what we know one cannot get into those kinds of questions. Mr. O'Bryan added that he does not think we know how many valid signatures are on these petitions. Mr. Scott stated that there are 46 part petitions and if we remove those four that leave 42 that are consistent as a set, which would still allow 725 signatures which is still more than 677. Mr. Scott stated that he is suggesting that the minimal number of signatures could still be there even with removing the so-called questionable petitions with the names and addresses of the petitioners.

195 Minutes of a Special Meeting of 6 City Council Held September 6, 2007 Mr. Cruse asked Mr. Scott if he is not making a presumption with that statement that our charter is invalid as it is written. Mr. Scott stated that he is not making that presumption but should we decide that ten percent of the last registered vote is the standard we would still meet that standard even if you remove the four questionable petitions. Mr. Cruse asked if this is not changing the clear language of the Charter and supplanting Council's judgment as to what the charter says. Mr. Scott stated that he understood that we want to harmonize the charter with the state constitution, which he thought has the requirement of ten percent of the last registered vote. Mr. O'Bryan responded that he appreciates what Mr. Scott is saying but he is concerned that there are serious issues raised on these petitions. There is one circulator who perhaps circulated a petition that has different addresses of a committee member on it. That address gets changed and another set of petitions is circulated with that change. Mr. O'Bryan suggested that the circulator who signed an election falsification felony statement, there is a serious question about all the petitions he circulated. Mr. O'Bryan stated that he does not know, it may be up to a court to make that decision, but he cannot jump to the conclusion to just throw out four of them. And also, there is the issue of these petitions being uniform and filed together as one instrument. Mr. O'Bryan stated that he does believe that strict compliance with the law should be required in irnportant questions and important issues like this that would effect a change in government. Councilman Young stated that in reviewing the charter he found Section 11.5, which talks about the validity of ballots and the standard to be used. The section states that "The election authorities counting the ballots shall not invalidate or reject any ballot for any technical error which does not make it impossible to determine the voter's choice there from so long as the marking the ballot complies with the general law or laws of the State of Ohio and the intention of the voter can be ascertained with reasonable certainty, and to the extent that such intent can be determined, the ballot shall be valid and shall be counted." Mr. Young stated that he does not know if that applies in this case and asked as to what standard he should look at this. He asked if he should look at any type of change invalidating something or is there some type of discretion he should use and to what degree in making that judgment. He added that he has some discretion, if not total, in trying to determine that and probably eventually a judge will also. Mr. Young stated that he is struggling in looking at this and he has not had the opportunity to physically look at the petitions that we are talking about and has not had a chance to hear from anyone who circulated them or signed them to get any feel for whether they are valid or not valid. He stated that the Ohio Constitution section that talks about having ten percent of just those in the last past municipal election was written in 1912, and we wrote our Charter section in 1962 and it is a different standard. Mr. Young stated that he is struggling why back in 1962 we would as a city do something that is not in conformity with a 50 year old state law. Does this mean we have the opportunity to do that? Those that drafted the original document certainly had some idea that we could create a different, stronger standard in comparison.

196 Minutes of a Special Meeting of 7 City Council Held September 6, 2007 Mr. Cruse responded that the Charter Section 11.5 referred to by Mr. Young is referring to ballots with votes and not to assessing a petition. Mr. Cruse continued that the sense he would get is that as home rule developed the state constitution granted great authority to charter communities to make their own laws and provisions and subsequent to that the courts of the state have been called upon to determine whether that exercise of home rule authority is valid in light of the state constitution. Mr. Barbour noted that it is similar to the video/cable issue. We had rules and regulations in place as to who could come into our community and operate cable system. The legislature passed a law and now the people in the State can tell who can come in or not come in and here is a mandate to provide you with these video services. Do we, as the citizens of have the right to decide what we need to present a petition, or are we forced to act in conformity with law across the State? In 1912, the Ohio Constitution was adopted. In 1962 with the knowledge that the Ohio Constitution existed, our charter was amended to read ten percent of the registered electorate. Two different tetters have been received from the Board of Elections stating that the number is 1,444. In the discharge of our oath of duty, we have a right to rely on the Board of Elections, we have a right to rely on our charter itself. Mr. Pohlkamp stated that he looks back on the primary election issue Council went through over the course of this past summer. In investigating that issue, the pros and cons and future actions, the people here in the public setting related to City Council that if they did not put it on the ballot they were going to get signatures and go above and beyond and do it anyway. At that point Mr. Pohlkamp had a chance to look at our ordinances and found that we had a requirement of 10% of the registered voters, and went with the assumption with this issue that that is what the charter amendment section says. Mr. Pohlkamp added that it is his sworn duty as an elected official to follow what the charter says on his particular issue. Mr. Barbour asked about the defects and stated that while this presumably being done in the interest of better governance, better governance would have dictated that Council could have gotten these sooner so Council could have conducted more investigation when these abnormalities were brought to Council's attention. Now the situation is that there are basically only a few business days and by the time Council can get a legal opinion there is only 24 hours to decide. Mr. Barbour asked if these abnormalities raises a concern that there might be other abnormalities if Council had more time they could look at and the people who submitted them could correct them. Mr. Scott stated that the legal advice is that the petition is not uniform and that in itself is enough to disqualify. Mr. Scott advised that he was raising the issue of the number of signatures. If ten percent of the last vote is all that is required, from a very pragmatic viewpoint, and not having enough time to conduct a full investigation, Council could suggest tossing out any signatures that have any doubt cast over them due to some irregularity. If Council did that and still had over 677 signatures that would carry a little bit of weight that at least the spirit of the requirement was met. The point of the legal

197 i1.linutes of a Special Meeting of 8 Mav Village City Council l-ield September 6, 2007 counsel is that the petition was not uniform because of these differences so even if you did set them aside and look at the raw numbers it still is not a uniform petition. Mr. Young advised that the members of Council also took an oath to uphold the Constitution of the State of Ohio as well as the city charter and his struggle is trying to get those two to work together. Mr. Youngp stated that if we wrote our charter in 1912 and the State had a constitutional change in 1962 it would lead him to lean in one direction compared to the other. The original framers of the charter would certainly have known what the constitution said in 1912, since it had been around for so long, and felt that you could still write that in and it would be valid. Mr. Scott stated that there is a distinction to be made between being required to pass the ordinance because the provisions have all been met. If the requirements of the charter are all met, Council must pass the ordinance. Council can still pass it anyway, if they choose to, not because it meets the requirements but for some other reason. Perhaps respecting the hard work that the residents put in to get over 900 signatures. Mr. Scott stated that he would recommend, even if Council concludes that the requirements are not met, that we still introduce the ordinance and vote on it anyway. Mr. Cruse responded that as listed on the agenda the ordinance would be introduced. Council has an obligation to take action tonight one way or another, which is why he requested that the ordinance be drafted for inclusion on tonight's agenda. The ordinance that was prepared was taken from the language that was presented in the petition as opposed to any changes or modifications based on any discussion or study. Mr. Cruse noted that he really struggles with this because he did have a chance to look through a copy of the petitions. There are friends and neighbors of Mr. Cruse who have signed the petition and he struggles to balance that with the oath of office he took to uphold the city charter and the laws of the State of Ohio. Mr. Scott stated that he believes that if this does not go forward for the ballot this year it will come back again next year through another initiative. Mr. Scott added that he thinks Council is only forestalling the inevitable by not putting it on the ballot. Electing a Law Director has become somewhat of a trend recently and this issue will probably come back in the future, have enough signatures, and meet all of the requirements. Mr. Joseph Hochman asked if it is in someone's right to have this petition rewritten and presented at the voting site to gather signatures for the next election. Mr. Hochman was advised that circulators would have to stand outside the area where everyone has to stand with the signs and election material. The Board of Elections would not allow anything inside the zone. Mr. Cruse advised that Council is not specifically voting tonight on whether or not the petition is valid. That is a decision that each Council member is making individually in deciding whether or not to vote to pass the ordinance to put the measure on the ballot.

198 Minutes of a Special Meeting of 9 City Council Held September 6, 2007 Gerry Schreibman asked the general population of the City of and was informed that the population is 16,087 and the number of registered voters is 14,440. Mrs. Schreibman stated that she understands we are bound by the numbers given to us by the officials at the Board of Elections but that raises the question that perhaps our charter should be looked at again in that provision. The standard that this petition is being held to is rather unrealistic. Mrs. Schreibman added that she can appreciate the quandary that Council is in as they sit here and debate this issue. Either the rolls should be cleaned or perhaps our charter needs to be looked at in 2012 in order to make that provision a little more harmonious with the Ohio Constitution. Mrs. Susan Fink stated that the Board of Elections has a field in their registered voter data called "status." Every elector is either in an active status or an inactive status and there are a tremendous number of inactive registered voters in the City of, probably 30% or closer to 40%. If we are going to change our charter, just because a person is registered does not necessarily mean that that is a good number to use. If they haven't voted for five years and the Board has not taken them off, because they will eventually roll off the rolls anyway, that penalizes any initiative. Mr. Michael O'Boyle expressed agreement with Mrs. Fink's comments stating that two years ago when he ran for office he made an issue that the rolls are very inflated in Bay Village and we have at least 3,000 people on the rolls who are either dead or who have moved out of town and have never been removed. Mr. O'Boyle said he spoke to the Board of Elections about this and they informed him that the city itself, the administration of the city, could, if they wanted, do its own investigation and find out who is living and who has moved out of the city. The rolls of our city need to be updated and changed. Mr. O'Boyle reminded all the members of Council that two years ago when they were running for office at the debate sponsored by the League of Women Voters, one of the questions that was asked by the League of Women Voters was, "Would you support submitting to the electorate an ordinance for electing a Law Director?" Mr. O'Boyle stated that he recalls that every single one of the candidates, with the exception of the Mayor who made her opposition very clear, stated they would submit this to the electorate. Mr. Young and Mr. Barbour corrected Mr. O'Boyle stating that this question was posed to mayoral candidates only. Mr. O'Boyle stated that he stands corrected. Mr. Gerald Phillips stated that he does not know if anything he is going to say is going to change Council's position but his opinion is that it is a done deal how Council is going to vote unless you elect to put it on at your own will under the alternative of two-thirds vote of Council. Mr. Phillips continued that he did have a duty to his clients to present their arguments. Basically what Mr. O'Bryan has said, substantially most of it is totally incorrect. Sections 3501, 3851 permits any alterations to the petition prior to its filing in a public office. It prohibits alterations after. You can make all the alterations you want. They were uniform when filed. The arguments about alterations, uniformity, they were filed as one instrument. Joan Kemper signed for them, I have a receipt, they were one

199 Minutes crf a Special Meeting of 10 Citv Council Held September 6, 2007 instrument, they were filed at one time, they were uniform. The issue of iriisrepresentations concerning that obviously Mr. O'Bryan is not familiar with the Bower vs. Medina Case, the Ohio Supreme Court Case that says any misrepresentation in the circulation of a petition does not invalidate and nullify the petitions and doesn't invalidate any of the signatures citing that any violations of Ohio Revised Code (A) or (1) (a) doesn't invalidate the petitions. So, that argument doesn't exist. Alterations and the typo that was corrected doesn't apply, and doesn't apply to the committee. Mr. Scott is correct. There are four part petitions, there are 67 valid signatures on those. You subtract those from the 825 you are left with 758, more than 677. The only thing that Mr. O'Bryan said that is correct is the fact that you have a duty, regardless of when they are filed, to act on it. In the cases I indicated they were filed on the 62"d, 63rd day before and you have a duty to act on it. The other thing that Mr. O'Bryan incorrectly didn't tell you is that your authority under the law is very limited. You can only look at the petitions on its face. You can't do any investigation, that is the Morrison vs. Macedonia case and all the cases that are cited. You don't have a broad discretion, you don't have quasi-judicial authority to investigate if you wanted to. You do not have that authority. You look at the petitions on its face, you can't look at the intent; if anybody is misled, that's not your prerogative. That issue that Mr. O'Bryan indicated is wrong. Also, his so-called one charter amendment, single subject nile, first of all that only applies to ordinances, Section , in fact there is another Ohio Supreme Court Case, Cleveland vs. Rutner that basically says that you can provide as many amendment changes as you want and the single subject rule doesn't apply. So, that position that he has indicated to you is totally incorrect. As far as the number of signatures - I filed today a demand on Mr. Ebert concerning that. The Westlake case - they amended the charter in 2003 to require the same language you have. But, in 2004 and 2005 the City of Westlake was confronted with that issue of the fact that that charter provision was illegal. They put it on the ballot because they knew that that charter provision, even if they adopted it, was wrong_ If Mr. O'Bryan would have looked at the Ugert vs. West Jefferson Village Council, the same issue that is presented to you was presented in that case. Their charter said ten percent of the registered electors versus Article 18, Section 4, which says ten percent of those who voted at the last regular election. The Supreme Court rejected the city charter, and indicated that there was specific language that the paramount authority, which is the Ohio Constitution, trumps any city charter and is inapplicable. That case law clearly covers this situation. I provided this to give Council the authority in order to do the right thing. This is nothing more than a situation where you have already made up your mind, you hired an attorney to give you the opinion you want and I request right now a copy of that opinion. I asked for it this afternoon, I did not get it, and before I leave today I want a copy of that public record of an opinion by Mr. O'Bryan. The petitions are valid and you can take all that phony-baloney legal advice you got, which is incorrect, or you can follow the law. To a:nswer Mr. Young's question, in 1912 they passed the Article 18, Section 14. At that time they passed all the home rule amendments, Article 18, Section 3, Section 4, 5,6,7,8,9. At that time they provided for the amendment. They were all passed at the same time. It wasn't that we gave home rule power after they passed Article 18, Section 4; they were all done at the same time. When you really think about it, can a city,

200 Minutes of a Special Meeting of 11 City Council Held September 6, 2007 through their charter, amend Article 18, Section 3, 4, 5, 6, 7, 8, 9, and 14 that governs charter cities? You can only amend the Ohio Constitution by the state legislature or by putting it on the ballot. Those are the only two methods. To take the suggestion, which the Supreme Court of Ohio rejected in the Westlake case and other cases I cited, would be to give people in any municipality the ability to amend the Ohio Constitution. That's absurd. The basic principle of law is that a paramount authority's law cannot be changed by a subordinate authority. You are a lawyer, Mr. Cruse, you know that, you didn't have to get an opinion and so is Mr. Ebert. So do what you are going to do and not put it on the ballot if that's what you want, other than by your own wishes, but don't mislead and get some phony-baloney legal opinion to justify your actions. Mr. Cruse addressed Mr. Phillips stating that it is unfortunate that he chooses not to accord others the respect that is accorded to him, especially when coming out here to Bay Village. Mr. Cruse stated that he finds that unfortunate but thanked Mr. Phillips for his comments. Mr. Barbour stated that in light of Mr. Phillips' comments concerning the legal opinion that we have obtained from Mr. O'Bryan, just so the public is aware, Mr. O'Bryan is a partner in charge of the Cleveland office of Taft, Stettinius & Hollister, one of the largest firms in Ohio, is a member, past-president, vice president, and secretary of both the Ohio Municipal Attorney's Association and the Cuyahoga County Law Directors Association. He graduated from Case Law School in 1969, cum laude, has been voted one of Ohio's "Super Lawyers", a "Leading Lawyer" by Inside Business, and "One of the Best Lawyers in America." Mr. Barbour added that as an attomey, as a professional, he takes issue with Mr. Phillip's personal attack on Mr. O'Bryan. Mr. Barbour noted that he has seen Mr. Phillip's in action before and guesses that is just his modus operandi. Mr. Barbour stated that he wants the members of the public to know that this is not someone who is just selected out of the blue; it is a highly qualified attomey that rendered an opinion. Mr. Barbour added that he is sure Mr. Phillips advises his clients, since he is so interested in representing them, he has made clear that if they had they obtained in excess of 1,444 signatures and had the proper forms there would be no issue tonight at all. An audience member spoke stating that as one of the individuals circulating the petition there was overwhelming support for this issue. Of every twenty-five who signed, one or two declined. As Mr. Scott pointed out, this issue will come up again and it is something the community does support. They simply want a stronger say in their government. Kevin Murray stated that he understands all of the discussion, whether the petition is right or not, but as the person just stated it is kind of the will of the people of, registered voters, that we would like to see this happen. He stated that he does not understand why Council and the Mayor are always fighting and trying to find loopholes for what the people would like to see happen, and understands they are committed to the charter but thought they were committed to the residents too, and would do what we would like to have done.

201 Minutes of a Special Meeting of 12 City Council Held September 6, 2007 Mr. Scott stated that just to reiterate the final conclusion of the legal counsel, he concluded by saying that he could not say with certainty that Council has a clear legal obligation to bring this forward to the ballot. Mr. Scott added that not being an attorney he does not know exactly what that means but he said that he cannot say with certainty that Council has a clear legal duty to do it, which leaves open the possibility that it might meet the irequirement because it doesn't say it definitely does not meet the requirement. That was the concluding remark that was made. Mr. Scott stated that that tells him that there is at least a possibility that it does meet the requirement and the only way to establish that would be the legal proceedings in court, calling witnesses and looking at case studies, etc., which obviously we don't have time to do. There is some ambiguity in the legal opinion. Mr. Barbour addressed Mr. Murray and stated that earlier this year we had a number of meetings regarding the primary election issue. Mr. Murray seems to be saying that this particular body is not responsive to the people, I would like to remind you that that issue is going to be on the ballot this November and was passed by a unanimous vote by this Council. The sweeping generalization that we are not responsive to the will of the people may not be completely accurate. Mr. Murray responded saying that before Council made that vote he had to say something too. Mr. Cruse stated that Mr. Murray was invited to comment at a public hearing. Mr. Murray stated that again, he kind of gets that Council fights the residents a lot and wants to point out that that is his experience. Mr. Scott commented that Section 12.1 of the charter, which deals with the process of initiative, does require a ten percent of the electors vote in the last preceding election to do an initiative process. Section 13.5 says ten percent of the registered voters. There seems to be some agreement that this is not the best wording to have in there. Mr. Scott added that he wants to point out that the initiative process, that is the reason our charter says ten percent of the last vote, which Mr. Scott thinks is a much better standard. It does not say that regarding charter amendment but perhaps maybe in a few weeks rather than four or five years we might want to look at this issue of the wording of Section 13.5 and see if it might not be worth putting this on the ballot sometime down the road before the next Charter Review Commission, to change this requirement from ten percent of the registered voters to ten percent of the last vote. Mr. Koomar introduced ORDINANCE NO TO PROVIDE FOR THE ELECTION ON THE ADOPTION OF AN AMENDMENT TO PROVIDE FOR THE ELECTION OF A DIRECTOR OF LAW BY THE ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, AND 11.2 OF THE BAY VILLAGE CITY CHARTER, AND DECLARING AN EMERGENCY, and moved for adoption.

202 Minutes of a Special Meeting of 13 City Council Held September 6, 2007 There being no fin-ther discussion, Mr. Cruse calted for a vote on the motion to adopt Ordinance No Roll Call on Suspension of Charter Rules: Yeas - Barbour, Cruse, Koomar, Pohlkamp, Scott, Young Nays- None Roll Call on Suspension of Council Rules: Yeas - Barbour, Cruse, Koomar, Pohlkamp, Scott, Young Nays - None Roll Call on Use of the Emergency Clause: Yeas -Barbour, Cruse, Koomar, Pohlkamp, Scott, Young Nays - None Roll Call on Adoption: Yeas - Scott, Young Nays - Barbour, Cruse, Koomar, Pohlkamp Mr. Cruse announced defeat of Ordinance No by a vote of four nays and two yeas. Mr. Cruse thanked all for their patience and civility in this matter and announced the meeting adjourned at 8:57 p.m. ^td ^ RiLi l" Brian C. Cruse, President of Council

203 unicipality hartered or Non Vote Totals by Muncipality EGISTE Total Genl 2006 Votes Cast Gor 2006 Total Total Votes Votes Total Votes :t: General General General 2003 Li BAY VILLAGE Chartered i BEACHWOOD Chartered BEDFORD Chartered BEDFORD HEIGHTS Chartered BENTLEYVILLE Non Chartered BEREA Chartered BRATENAHL Non Chartered BRECKSVILLE Chartered BROADVIEW HEIGHTS Chartered M BROOK PARK Chartered BROOKLYN Chartered BROOKLYN HEIGHTS Chartered CHAGRIN FALLS Chartered CHAGRIN FALLS TOWNSHIP Non Chartered CLEVELAND Chartered CLEVELAND HEIGHTS Chartered CUYAHOGA HEIGHTS Chartered EAST CLEVELAND Chartered EUCLID Chartered FAIRVIEW PARK Chartered GARFIELD HEIGHTS Chartered GATES MILLS Chartered GLENWILLOW Chartered HIGHLAND HEIGHTS Chartered HIGHLAND HILLS Chartered HUNTING VALLEY (includes Geauga Cty) Chartered INDEPENDENCE Chartered LAKEWOOD Chartered LINNDALE Non Chartered LYN D HURST Chartered MAPLE HEIGHTS Chartered MAYFIELD HEIGHTS Chartered MAYFIELD VILLAGE Chartered MIDDLEBURG HEIGHTS Chartered MORELAND HILLS Chartered Total Votes Votes update 1/18/2007

204

205 Page 3 of 50 REGISTERED VOTERS - OLFL WD4... REGISTERED VOTERS - OLMSTED TWP REGISTERED VOTERS - ORANGE VIL REGISTERED VOTERS - PARMA.... REGISTERED VOTERS - PRMA WD1... REGISTERED VOTERS - PRMA WD2... REGISTERED VOTERS - PRMA WD3... REGISTERED VOTERS - PRMA WD4... REGISTERED VOTERS - PRMA WD5... REGISTERED VOTERS - PRMA WD6... REGISTERED VOTERS - PRMA WD7... REGISTERED VOTERS - PRMA WD8... REGISTERED VOTERS - PRMA WD9... REGISTERED VOTERS - PARMA HEIGHTS SUMMARY REPORT RUN DATE:11/29/05 08:59 PM 1,567 8,776 2,814 57,209 6,278 6,845 5,85B 5,835 6, 640 6,070 6, 837 6,738 6,108 14,883 GENERAL NOVEMBER CUYAHOGA ELECTION 8, 2005 COUNTY REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED VOTES PERCENT REGISTERED VOTERS - CHAGRIN FALLS EVSD. 5,215 BALLOTS CAS REGISTERED VOTERS - CLEVELAND HTS/UNIV. 47,571 BALLOTS CAS REGISTERED VOTERS - COUNTY GOVERNING B. 16, 635 BALLOTS CAS REGISTERED VO TERS - CUYAHOGA HEIGHTS L. 3,536 BALLOTS CAS REGISTERED VO TERS - EAST CLEVELAND CSD. 20, 968 BALLOTS CAS REGISTERED VOTERS - EUCLID CSD... 38, 140 BALLOTS CAS REGISTERED VO TERS - FAIRVIEW PARK CSD. 13,360 BALLOTS CAS REGISTERED VOTERS - GARFIELD HEIGHTS C. 18,339 BALLOTS CAS REGISTERED VOTERS - INDEPENDENCE LSD. 5,821 BALLOTS CAS REGISTERED VOTERS - LAKEWOOD CSD... 42,208 BALLOTS CAS REGISTERED VO TERS - MAPLE HEIGHTS CSD. 18,842 BALLOTS CAS REGISTERED VO TERS - MAYFIELD HEIGHTS C. 25,665 BALLOTS CAS REGISTERED VOTERS - NORTH OLMSTED CSD. 26, 070 BALLOTS CAS REGISTERED VOTERS - NORTH ROYALTON CSD. 26, 880 BALLOTS CAS REGISTERED VOTERS - OLMSTED FALLS CSD. 15,372 BALLOTS CAS REGISTERED VOTERS - ORANGE CSD... 12,852 BALLOTS CAS REGISTERED VOTERS - PARMA CSD ,283 BALLOTS CAS REGISTERED VOTERS - RICHMOND HEIGHTS L. 7,266 BALLOTS CAS REGISTERED VOTERS - ROCKY RIVER CSD.. 17, 146 BALLOTS CAS REGISTERED VOTERS - SHAKER HEIGHTS CSD. 28, 165 BALLOTS CAS REGISTERED VOTERS - SOLON CSD , 669 BALLOTS CAS REGISTERED VO TERS - SOUTH EUCLID/LYNDH. 29,043 BALLOTS CAS REGISTERED VO TERS - STRONGSVILLE CSD. 35,297 BALLOTS CAS REGISTERED VOTERS - WARRENSVILLE HEIGH. 12, 690 BALLOTS CAS REGISTERED VO TERS - WESTLAKE CSD.., 26,332 BALLOTS CAS REGISTERED VO TERS - BEDFORD MCD... 62, 189 BALLOTS CAS EXHIBIT REGISTERED VOTERS - BEREA MCD ,582 BALLOTS CAS REGISTERED VOTERS - CLEVELAND MCD 328, 169 BALLOTS CAS REGISTERED VOTERS - GARFIELD MCD. 62, 135 BALLOTS CAS REGISTERED VOTERS - LYNDHURST MCD 46,107 BALLOTS CAS REGISTERED VOTERS - PARMA MCD ,321 BALLOTS CAS REGISTERED VOTERS - ROCKY RIVER MCD.. 96,898 BALLOTS CAS REGISTERED VO TERS - SHAKER HEIGHTS MCD. 50,586 BALLOTS CAS BALLOTS CAST TOTAL ,443 BALLOTS CAS BALLOTS CAST ABSENTEE ,671 BALLOTS CAS BALLOTS CAST BAY VILLAGE... 6,768 BALLOTS CAS BALLOTS CAST BYVL WD1... 1,535 BALLOTS CAS BALLOTS CAST BYVL WD2... 1,656 BALLOTS CAS BALLOTS CAST BYVL WD3... 1,682 BALLOTS CAS

206 Page 4 of 50 BALLOTS CAST BYVL WD BALLOTS CAST BEACHWOOD BALLOTS CAST BEDFORD BALLOTS CAST BDFD WD1. BALLOTS CAST BDFD WD BALLOTS CAST BDFD WD BALLOTS CAST BDFD WD BALLOTS CAST BDFD WD BALLOTS CAST BDFD WD BALLOTS CAST BEDFORD HEIGHTS.... BALLOTS CAST BDHT WD BALLOTS CAST BDHT WD BALLOTS CAST BDHT WD BALLOTS CAST BDHT WD BALLOTS CAST BENTLEYVILLE VIL.... BALLOTS CAST BEREA BALLOTS CAST BREA WD1. BALLOTS CAST BREA WD BALLOTS CAST BREA WD BALLOTS CAST BREA WD BALLOTS CAST BREA WD SUMMARY REPORT RUN DATE:11/29/O5 08:59 PM 1,895 3,899 3, , , ,061 1, ,003 GENERAL ELECTION NOVEMBER 8, 2005 CUYAHOGA COUNTY BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAST FRPK WD5.... BALLOTS CAST GARFIELD HEIGHTS. BALLOTS CAST GRHT WDl.... BALLOTS CAST GRHT WD2.... BALLOTS CAST GRHT WD3.... BALLOTS CAST GRHT WD4.... BALLOTS CAST GRHT WD5.... BALLOTS CAST GRHT WD6.... BALLOTS CAST GRHT WD7.... BALLOTS CAST GATES MILLS VIL BALLOTS CAST GLENWILLOW VIL BALLOTS CAST GLNW WD1.... BALLOTS CAST GLNW WD2.... BALLOTS CAST GLNW WD3.... BALLOTS CAST HIGHLAND HEIGHTS. BALLOTS CAST HIHT WD1.... BALLOTS CAST HIHT WD2.... BALLOTS CAST HIHT WD3.... BALLOTS CAST HIHT WD4.... BALLOTS CAST HIGHLAND HILLS VIL BALLOTS CAST HUNTING VALLEY VIL BALLOTS CAST INDEPENDENCE... BALLOTS CAST LAKEWOOD.... BALLOTS CAST LKWD WD1.... BALLOTS CAST LKWD WD2.... BALLOTS CAST LKWD WD3.... BALLOTS CAST LKWD WD4.... BALLOTS CAST LINNDALE.... BALLOTS CAST LYNDHURST.... BALLOTS CAST LYND WD1.... BALLOTS CAST LYND WD2.... BALLOTS CAST LYND WD3.... VOTES PERCENT 1,040 8,507 1,065 1, ,199 1,282 1,440 1, , ,466 12,069 3,273 3,067 3,161 2, ,295 1,293 1,339 1,357 BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS _GE_Summary.txt

207 -:: ^ ^i^l 6.^^.J^^:^.:1':J..! A R.C Ohio CamvaiLrn. Finance Renort Prescribed by Secretary of State 02/01 Full Name of Committee Friends of Brian Cruse Full Name of Candidate Brian C. Cruse Street Address 420 Wahnar Drive City Bay Villaee Amended Report7 q Yes 0 No P^Primary July Monthly Post-PAimary August Monthly Report Electronically filed? q Yes 0 No x Registration Number, if PAC Office Sougbt, Dislrict Citv Council President State Pre-Genetal Post-General September Moothly Tennination Zip Code Bav Villa e Annual Year For cendidates only, during an elecron year: if total conhibutions and expenditures each total $500 or less during the combiaed pre- and post-periods at one elecfion, check box. No other fomns are required at a post-primary or post-geoeral prriod, if above statement applies. See R.C I0(H) for details. EXI-IIBIT THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF Tames Geuther, Treasurer Print Name aud Title (Treasurer and Deputy Treasurer only) Contn'bution pages 6 Expenditure pages Other pages 1 Total pages Date 11

208 2005 Ohio Campaign Report Statement of Contributions Received Form 31A Friends of Brian Cruse Date on check First Name Last Name Address City State Zip Amount Form Deposited on 1 5/25/05 Joe Valore Planters Grove Westlake OH $ Check 27-May 2 5/27/05 Tim Malone 225 Westwinds Avon Lake OH $2, Check 31-May 3 8/2/05 Don Ma 4500 W 130th Street Cleveland OH $ Check 4-Au 4 8/3/05 Lawrence Ludwig 291 Ruth St OH $47.00 Check 16-Aug 5 8/3/05 Betty Moore Lake Rod OH $30.00 Check 16-Aug 6 813/05 Michelle Fay 576 Brooke Lane OH $47.00 Check 16-Aug 7 8/4/05 Kathryn Carbonari Lake Rd OH $ Check 16-Aug 8 8/4/05 Daniel Weist 496 Bradley OH $30.00 Check 16-Aug 9 8/5/05 Pam Sehringer Lake Road OH $47.00 Check 16-Aug 10 8/5/05 Barbara Woodburn 609 Welshire OH $47.00 Check 16-Aug 11 8/5/05 Charles Cowell Narragansett OH $47.00 Check 16-Aug 12 8/5/05 Robert Spies Lincoln OH $47.00 Check 16-Aug /05 Joan Kemper 249 Bradley OH $30.00 Check 16-Au 14 8/8/05 Jennifer Kuh W Oviatt OH $47.00 Check 16-Aug 15 8/8/05 John Cavalier 415 Walmar OH $30.00 Check 16-Aug 16 8/8/05 Harold Wilder Lake Road OH $25.00 Check 16-Aug 17 8/8/05 George Macdonald 514 Glen Park Dr Ba Village OH $47.00 Check 16-Aug /05 Dana Hastings W Oakland Rd Bay Villa e OH $3D.00 Check 16-Au 19 8/8/05 Kate Dillman Russell Rd Bay Villa e OH $47.00 Check 16-Aug /05 Manuel Glynias Lake Road OH $ Check 16-Aug 21 8I10/05 Ursula Cottone 555 Humiston Dr Bay Viliage OH $47.00 Check 16-Aug 22 8/12/05 Richard Taylor Jeffersone Ct. OH $30.00 Check 16-Aug 23 8/12/05 William Oatley Lake Rd Bay Villa e OH $47.00 Check 16-Aug 24 8/12/05 Richard Dunson 1993 Emerald Fairview Park OH $75.00 Check 16-Au 25 8/14/05 Elizabeth Faas Huntington Woods Parkway OH $25.00 Check 16-Aug 26 8/14/05 Ga le Absi Knickerbocker Rd Ba Village OH $47.00 Check 16-Aug /05 Richard Walker Lake Rd OH $30.00 Check 25-Aug 28 8/20/05 Mary Jo Mahall 564 Marvis Dr OH $47.00 Check 25-Aug /05 Debra Chelko Lake. Rd OH $47.00 Check 25-Aug 30 8/22J05 John Black Cambrid e Ct. OH $47.00 Check 29-Aug 31 8/24/05 Mary Bleisath Westlawn Dr. OH $25.00 Check -Aug 32 " 8/25/05 Cindy Brand 528 Dover Center Rd. OH $47.00 Check 29-Aug /05 Amy Brill Huntington Woods OH $47.00 Check 29-Aug 34 8/26/05 Donald Cruse 1325 Queen Anne's Gate Westlake OH $ Check 29-Au Friends of Brian Cruse Deposit 10/20/2005

209 Q:. 'fli4^t1 i70li 30-A R.C Full Name of Con tree C S Ohio CamnaiQn Finance Renort ^ci (C - c^ U z^t^( ffn! Full Name of Caadidate 6E?,oA+u 4. ^^s{^^zla^^^ StmatAddress City ' v V/LL^rst3' Arreoded Report? q Yes %No Pa>Pc ery luly Moutbly Prescribed by Secretary of Smte 3/05 Post-Primary Augast Moothty Repott Hbcirunically filed? q Yes ^KNo OH'ice Sought P,c-ceae al 41 Seprember Mootbly IitA'/O12 RegisVation Number, if PAC Post-Oeaeral Temdnation q District Zip Code 5r,f/<f A ual Year Senoaooual For candidates ooly, dmiog au eiectioa year: if tatal coatnbudoaa md expenditures each total $500 or less during the combined pre- md post-periods st one election, check box. No otber fmms are requrted at a posbptinary or post-geaeml period, if above stzteanut apptiea. See R.C (N) fm details. EXHIBIT L THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER TIIE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION f+^wsification IS GUILTY OF A FELONY OF T FIFTH DHGREG ^ 14: n< ^/ O IS(%ei. Tr gs ^cr Cz:c. w0 A^ Pdot Name md Title (lteastua md Deputy Treasurer ouly) Sigoature Contdbutioo ^ I I Fixpendinae1c) I I Other PaBm Pages pages ^ lo- 2"I-U'S Date Total ^ry Pag- ^ D

210 31-A R.C Statement of Contributions Received Page 3 Pre.tcribed by Secretary of Siate 3/05 Nasre of Conurdnee in Full Full Name of Contdbutr ^o A n ^D ^ IE^i Z;TUT!A721T1/^^ Registration Number, if PAC A ^i^ L 'i C /I7^ /j ZE Street Address Employer/Occupadoo/Lehor Organ'vabon* Form (Cash, k etc.) tw n/vfrc4h2e (Js+ C City,EL 2^ FullNanreofCmtributor ^Tr^6L^ t.^nc-a-c 11`(^ ' Sm C) Zsp Code `1^fa^4 M D Y d! C^ 0 RegistradonNumba,ifPAC Amqunt 04io- CP40 6[^^`a Street Address loyerloccupation![zbor fimp Organ'vstioo* Form (Cash, Check etc.) cso b) I City State IZip Code ^ M D FullNameofConuibutor RegistretlonNusnber,'ffPAC ^f^i (r^/ Y Amount ^^ RL5U7-Le-^_ `4- taet Address &mployer/occupationftabor Organization* Form (Cash, Check, etc.) CK City Sta^i ZipCode M D Y Asmunt R' ^ on) 4 L( L4,F30^ o / Oa, FuRNameofContributor gistrationnumber,ifpac ao Street Address Employer/Occupatioo/labor Orgaoization" Form (Cash, Check, etc.) 2-3^ CK City Sm Zip Code M D Y Amount ) Li+rur b^ 44a1 U 5 u 0-00 o Aill Nahn of Cootributor Regutiadon Number, d'pac SneetAddresa Co,4 ILI (- rhjf: Rmplnyer/OcoupatiodlabnrOrganlzation* /AKE 2^ city State Zip Code M D Too^ - t(/esz r-fu-11 1 ';^00 = Neme of Contrlbutw egistratioo Number, if PAC WI 4 OC.QYO Streei: Address Fimployer/Occupation/Labor (hganizatlon* Fotm (Cash, Check, etc.) CK 'ty Stnte Zip Code M D Y Asrount RiH NemaofConMbutor RegutratiOnNumber,ifPAC ^^ rv StrcetAddsees p 8mployer/OccupatlonAabor Organization* Fonn (Cash, Check, etc.) / 70-0 C'e Sm TipCode M Amount City Cc ^^ G y f r^ 0 4 D Y (D -7 fl RrâName of ContrWutor RegiaCatian Nundier, if PAC Q!/k OZZr rt StreetAddreas H ployer/docupationlcabororganizatlon* Focm(Cash, g^ken:.) I F3 Uo^2 City Srnte Z'ap Cod: M D Y Asnouat ' CK WVA I L) 1 A41 qqio a 96-0 ^ *Reqniredforcontributiona8omindivlduahover$100tostatewideandgenetalassemblycsadidsteaIfconaibutorisself-eoq>loyed,theoccupationandihemrsnoftlte individual's business, if any, rather than employer should be listed. If two or more eniployees contdbute via payro0 deduetion and exceed the aggregate of $100, the labor orgsaization of which the employees are meo3ers, if any, must appear. [R.C (B)(4)] Page Total $

211 w YAHOGA COUNTY BOARD OF ELECTIONS Jeff Hastings Inajo Davis Chappell Robert S. Frost Eben O. (Sandy) McNair, IV lane M. Platten Pat McDonald Chairman Member Member Member Director Deputy Direcror September 5, 2007 Mr. Brian C. Cruse, President of Council City of 350 Dover Center Road, OH Dear Mr. Cruse, Per our conversation this date the Cuyahoga County Board of Elections only reviews initiative petitions for the validity of the signatures on each part petition. May I suggest that the City of legal counsel review the anomalies that you outlined in your letter to me dated September 5, 2007 Please contact me if I may be of further assistance. Sincerely, ^ Brent E. Lawler, Assistant Manager Campaign Finance and Petitions Candidate & Voter Services Division Phone: bebelocuvahogacounty.us cc: file EXHIBIT 2925 Euclid Avenue Cleveland, Ohio (216) Ohio Relay Service 711

212 (Ci^g of Ettu Piiittge 350 DOVER CENTER ROAD BAY VfLLAGE, OHIO OFFICE OF THE COUNCIL Brian C. Cruse President of Council Mark E. Barbour Council-at-large Jatne.s E. Scott Council-at-large Donald L. Zimmernran Ward I Paul A. Koomer Vice President of Council Ward 2 Scott A. Polhlkamp Ward 3 Mickae/A. Young Ward 4 Mr. Brent Lawler, Assistant Manager Campaign Finance and Petitions Candidate & Voter Services Division Cuyahoga County Board of Elections 2925 Euclid Avenue Cleveland, Ohio Re: Charter Amendment Petitions Dear Mr. Lawler: September 5, 2007 Joan Kemper, Clerk of Council, has brought to my attention as Council President that the petitions that your office reviewed contain evidence of numerous alterations. For example, Section 4.2 of all of the petitions has an alteration of the word "filing" in the fourth line. In addition, some of the petitions contain page numbers and some do not. Finally, some part petitions have alterations on the reverse side of Page No. 1 on the last two lines relating to changes of committee persons names and/or addresses. It is unclear when these alterations were made, and in some cases the same circulator seems to have circulated two different forms of the petition, i.e., one with page numbers and alterations and one without. Please investigate these alterations and advise as soon as possible. Phone: Fax: Joan T. Kemper Clerk of Council I also note that from your previous letter to me you state signature requirements for this charter amendment. The city is in receipt of two different signature requirements. After you complete the above investigation, please provide us with your final determination as to the number of signatures required and your final determination as to the valid signatures that appear on valid petitions. inorely, Sl Av/ St/:; T '.l-i L(j6S0G3h Bnan C. Cruse, President of Council City of, Ohio

213 Petition Statistics 9/5/2007 1:02:05PM BAY VILLAGE CHARTER AMEND SEC 135 BAY VILLAGE Petition ID: 3976 R Total Sigs Required 1,444 Total Sigs Submifted 907 Total Lines Verified 916 Total Challenged BLANK 4 - BLANK LINE Total 10 DUP DUPLICATE Total 10 ILL 8-ILLEGIBLE Total 12 NA 5 - NO ADDRESS Total I NG 2 - NOT GENUINE (SIGNATURE) Total 7 NR 1 - NOT REGISTERED Total 41 NRA 3- NOT REGISTERED AT Total 9 WD WRONG DISTRICT Total 1 TOTAL 91 Total Valid : 825 BLANK DUP ILL NA NG NR NRA WD Total 08/30/ Total J

214 TO ALL MEMBERS OF COUNCIL AND THE MAYOR: A Special Meeting of the City Council will be held on Thursday, September 6, 2007 at 6:30 p.m. in the Council Chambers of City Hall, 350 Dover Center Road, to take action on the items listed below: 1. Pledge of Allegiance *Koomar* 2. Roll Call 3. Miscellaneous/Announcements 4. Ordinance concerning a Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter*Koomar* 5. Adjournment Brian C. Cruse President of Council Charter Reference EXHIBIT

215 Taft/ Taft Stettinius & Iiollister LLP 200 Public Square, Suite 3500 / Cleveland, Ohio / Tel: / Pax: / Cincinnati / Columbus / Cleveland / Dayton / Covington STEPHEN M. O'BRYAN B96 sobryanqtaftlaw.com September 10, 2007 VIA Gerald W. Phillips Philiips & Co. L.P.A. PO Box 269 Avon Lake, Ohio Re: Taxpayers' Demand-Proposed Charter Amendments Dear Mr. Phillips: This letter is in response to your letter to Gary Ebert, Law Director of the City of, dated September 6, In that letter you have requested that the Law Director bring suit against the City to compel it to submit the proposed charter amendments to the electors. As you know, the City has retained me to review and investigate this matter in light of the Law Director's possible interest in this issue. As you are also aware, since you attended Thursday night's special council meeting, we have reviewed your petition, the relevant law and your various letters to the City. Based upon same, it is our opinion that Council has not violated its duty and, thus, you are hereby advised that no taxpayers' action will be filed as you request. Of course, if you have any questions or comments respecting this letter, please let me hear from you. Very truly yours, Stephen M. O'Bryan Special Counsel, City of SMO/ep EXHIBIT {K }

216 PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER S" Ir NOTICE Whoever linowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments EXHIBIT 1 40 The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councihnan provided for in this Charter fail to approve any or all of the names so subniitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office conunencing with the year The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attomey before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her

217 election to public ot3ice. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in sucli ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councihnan at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature (Written in Ink or Indelible Penci Place ofresidence Street and Number Date Dav Year 1. ^ ^^ app ftws5<7f 'z,.'y.. 0^ y-i t y`,4 Zoa] 3. S 3^'L Q ^ 7 3 pn 4. L/ f' G/K r ird ^^ 7 5 J?^ p1 6. U ^ ^ G^'.2/1^ ^. l.- ^ ^. '1, ^ ^. ^ ^.: - l. ^_ ^.. -/18ay-Vlilla ti t 7. il ^//O c^lic n /ZA ^' ^^ r_. / 5-09 ^ 9. L -) 8 Q,