ORIRfNAL CLERK OF C URT SUPREME COURT 0F OHIO IN THE SUPREME COURT OF OHIO. Case No.

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1 ORIRfNAL STATE, EX REL. TERRY JOHNSON, 329 Gladys Avenue Carlisle, Ohio 45005, IN THE SUPREME COURT OF OHIO Case No Relator, v. SCOTT RICHARDSON, 104 Eagle Ridge Drive Carlisle, Ohio 45005, Respondent. ORIGINAL COMPLAINT IN QUO WARRANTO Bradley D. Anderson ( ) RION, RION & RION, L.P.A., INC. 130 W. Second St., Suite 2150 Dayton, OH Phone: (937) Fax: (937) Attorney for Relator Terry Johnson CLERK OF C URT SUPREME COURT 0F OHIO

2 NOW COMES Relator Terry Johnson ("Relator"), by and through counsel, pursuant to Article IV of the Ohio Constitution and Chapter 2733 of the Ohio Revised Code, and for his claim in quo warranto against Respondent, Scott Richardson ("Respondent"), states as follows: PARTIES AND JURISDICTION I. This is an original action seeking a writ of quo warranto ordering the immediate removal of Respondent Scott Richardson from the office of member of Carlisle Village Council and a declaration that Relator, Terry Johnson, is entitled to the immediate possession of that office. 2. This action revolves around the proper procedure for the appointment of a Carlisle Village Council member to complete the unexpired term of a member who has resigned his office. The Carlisle Village Charter calls for the remaining members of Village Council, by majority vote, to appoint a successor Council member within 30 days of the vacancy. If the vacancy is not filled within 30 days, the Mayor of Carlisle has the duty to appoint a new Council member to serve out the unexpired term. 3. In this case, the Carlisle Village Council held a vote within 30 days for the appointment of a successor Council member, but no candidate received a majority of the remaining six Council members' votes. Despite the fact that no one received a majority of the six votes cast, the Carlisle Village Law Director administered the oath of office to Respondent Scott Richardson without proper authority. Subsequently, when the 30-day period for Council to ---- appomt a new Councit memoer.. elapsed,, the Mayor of Carlis'.e^ law:ully ayyo=r.ted-re.a^a. r-r Terry Johnson to fulfill the unexpired term as Council member and administered the oath of office to him. Therefore, Terry Johnson is the lawfully appointed member of Carlisle Village Council, 2

3 and he brings this action to remove Respondent Scott Richardson from the position of Carlisle Village Council member and to be declared entitled to possession of that office. 4. Relator brings this action in quo warranto pursuant to R.C Relator has given security for costs as required under R.C The Supreme Court of Ohio has original jurisdiction over this action pursuant to Ohio Const. Art. IV 2(B)(1)(a) and R.C RELEVANT FACTS 7. The Village of Carlisle has adopted a municipal charter under the provisions of Section 7 of Article XVIII of the Ohio Constitution. 8. Section 4.01 of the Carlisle Village Charter provides, in relevant part, that "all powers of the Municipality, including its legislative powers, shall be vested in a Council consisting of seven (7) members (including the Mayor). Three members shall be elected from the Municipality at large. The office of Mayor shall be a separately elected office pursuant to Section 4.03 of this Charter. Members of Council (including the Mayor) shall serve overlapping terms of office for four (4) years." 9. On November 3, 2009, Chad S. Johnson was elected at a regular election to serve a four-year term as an at-large member of Carlisle Village Council. 10. On or about April 22, 2011, Chad S. Johnson submitted his resignation of his position as an at-large member of Carlisle Village Council, "commencing June 1, 2011." 11. Section 4.05 of the Carlisle Village Charter addresses how and when vacancies. the ofyice - of inemner of ^' Gouncii shall be ii',ed. ~ Se.,^,e., 4.05(a) statvs that " Ṯhe office of member of Council shall become vacant upon the member of Council's death, 3

4 resignation, removal from office in any manner authorized by this Charter, or forfeiture of office." 12. Section 4.05(d) of the Carlisle Village Charter states as follows: Filling of Vacancies. Vacancies in the office of member of Council shall be filled within thirty (30) days by vote of a majority of the remaining members of Council. If a vacancy occurs in one (1) or more positions among members of Council elect, the Council of the new tenn shall appoint, by a majority vote, an eligible person or persons to fill the vacancy. If the Council fails to fill a vacancy within thirty (30) days following the occurrence of the vacancy, the power of Council to fill the vacancy shall lapse and the Mayor shall fill the vacancy by appointment immediately following the expiration of the said thirty (30) days. Any appointee under this section shall qualify under the provisions of this Charter, shall hold office, and shall serve for the unexpired term and until a successor is elected and qualified. 13. After the resignation of Mr. Johnson, the Carlisle Village Council had six remaining Council members (including the Mayor). 14. On June 28, 2011, at a regular meeting of Carlisle Village Council, a vote was conducted to fill the vacant seat on the Carlisle Village Council. Of the six votes cast by the remaining six Council members, Respondent Scott Richardson received three votes, Relator Terry Johnson received two votes, and Cheryl Sweezy received one vote. 15. Immediately after the vote at the June 28, 2011, Council meeting, Council members disagreed as to whether or not a vote constituted a "majority vote" of Council, as required by Section 4.05(d) of the Village Charter. 16. Council member Jennifer Long asked the Village Law Director, David Chicarelli, to render an opinion on the matter. On or about June 30, 2011, Mr. Chicarelli gave a written opinion to the Carlisle Council, stating that a vote constituted a majority for Respondent. 4

5 17. On or about June 30, 2011, against the protestations of several Carlisle Council Members and without authorization of Council, Mr. Chicarelli proceeded to swear Respondent in to the office of member of Council. This act was objected to by members of the Council because there was still a dispute as to the outcome of the vote to fill the vacancy. 18. No further votes to elect a successor Council member were taken. 19. On July 1, 2011, the 30-day period for the remaining members of Carlisle Village Council to elect a successor Council member by majority vote of the remaining Council members lapsed. 20. Because Carlisle Village Council failed to elect, by majority vote of the remaining six members, a successor member to fill the vacant Council seat created by the resignation of Chad S. Johnson within 30 days of that vacancy, the authority to fill that vacancy passed, by operation of Section 4.05(d) of the Carlisle Village Charter, to the Mayor of the Village of Carlisle. 21. On July 1, 2011, Carlisle Mayor Tim Humphries, as required by the provisions of Section 4.05(d) of the Carlisle Village Charter, appointed Relator Terry Johnson to the office of Carlisle Council Member. Relator was thereafter duly sworn in to the office of member of Carlisle Village Council by Mayor Humphries. 22. At each regular meeting of the Carlisle Village Council since July 1, 2011, Respondent Scott Richardson has assumed the seat of a member of Carlisle Village Council and has purported to exercise the rights and duties of that office. At these meetings, as the presiding -,. AC _ officer of thē Council. ; Mayor _. ^umpṙ il tnes. has asked Responde,.t t.,... «emcv =... ^ims1 f a n -d ^ICtatel^ that he would not acknowledge his vote as a Council member. Respondent has refused to remove himself from the Council meetings. 5

6 CLAIM FOR RELIEF 23. Relator incorporates by reference the allegations contained in the preceding paragraphs as if fully rewritten herein. 24. From on or about July 1, 2011, Respondent, well knowing the true, lawful, and rightful occupant of the office of member of Carlisle Village Council to be Relator, has unlawfully usurped the office, and entered into the exercise of all the powers and duties of the office. By this unlawful usurpation, Respondent possesses the office, and the emoluments, immunities, and privileges appertaining to the office, contrary to the provisions of the Carlisle Charter and the Ohio Constitution, and against the right of the Relator. 25. Relator claims entitlement to the office of member of Carlisle Village Council by virtue of his appointment by the Mayor of Carlisle on July 1, At all times relevant, Relator is, and was, competent and qualified to hold said office. 26. Relator is entitled to a writ of quo warranto removing Respondent from the office of Carlisle Council Member and declaring Relator to be entitled to possession of that office. 27. The Affidavit of Timothy Humphries setting forth and supporting the facts set forth herein is attached hereto as Exhibit 1. WHEREFORE, Relator respectfully requests: a. That a peremptory writ in quo warranto be issued ousting Respondent Scott Richardson from the office of member of the Council of the Village of Carlisie, vhio, and that Relator Terry Johnson be declared eritit',edto possession of that office; b. Alternatively, an alternative writ should be issued; c. An award of costs of this suit, including attorney fees; and 6

7 d. Such other and further relief as the Court deems just, equitable or in accordance with law. Respectfully submitted, 0 BradleyWAnderson ( ) RION, RION & RION, L.P.A., INC. 130 W. Second St., Suite 2150 Dayton, OH Phone: (937) Fax: (937) banderson@rionlaw.com Attorney for Relator Terry Johnson 7

8 IN THE SUPREME COURT OF OHIO STATE, EX REL. TERRY JOHNSON,. Case No. 329 Gladys Avenue Carlisle, Ohio 45005, V. Relator, SCOTT RICHARDSON, 104 Eagle Ridge Drive Carlisle, Ohio 45005, Respondent. AFFIDAVIT OF TIMOTHY HUMPHRIES Bradley D. Anderson ( ) RION, RION & RION, L.P.A., INC. 130 W. Second St., Suite 2150 Dayton, OH Phone: (937) Fax: (937) Attorney for Relator Terry Johnson

9 STATE OF OHIO COUNTY OF MONTGOMERY NOW COMES Timothy Humphries, being duly sworn according to law, and hereby states as follows: 1. I am the Mayor of the Village of Carlisle, Ohio, and I was Mayor of the Village of Carlisle, Ohio, at all times relevant to this action. 2. I have personal knowledge of the facts stated in this Affidavit and am competent to testify if called as a witness. 3. The Village of Carlisle has adopted a municipal charter under the provisions of Section 7 of Article XVIII of the Ohio Constitution. 4. Section 4.01 of the Carlisle Village Charter provides, in relevant part, that "all powers of the Municipality, including its legislative powers, shall be vested in a Council consisting of seven (7) members (including the Mayor). Three members shall be elected from the Municipality at large. The office of Mayor shall be a separately elected office pursuant to Section 4.03 of this Charter. Members of Council (including the Mayor) shall serve overlapping terms of office for four (4) years." 5. On November 3, 2009, Chad S. Johnson was elected at a regular election to serve a four-year term as an at-large member of Carlisle Village Council. 6. On or about Apri122, 2011, Chad S. Johnson submitted his resignation of 'fiib-positioiias an ai large riieltibe.-o-f ii,'2r1:s1..,v'.-llc'lge Council, "Con?.n1enG+_-ng.Julie1r,2(ll l.," 7. Section 4.05 of the Carlisle Village Charter addresses how and when vacancies in the office of member of Council shall be filled. Section 4.05(a) states that "The 2

10 office of member of Council shall become vacant upon the member of Council's death, resignation, removal from office in any manner authorized by this Charter, or forfeiture of office." 8. Section 4.05(d) of the Carlisle Village Charter states as follows: Filling of Vacancies. Vacancies in the office of member of Council shall be filled within thirty (30) days by vote of a majority of the remaining members of Council. If a vacancy occurs in one (1) or more positions among members of Council elect, the Council of the new term shall appoint, by a majority vote, an eligible person or persons to fill the vacancy. If the Council fails to fill a vacancy within thirty (30) days following the occurrence of the vacancy, the power of Council to fill the vacancy shall lapse and the Mayor shall fill the vacancy by appointment immediately following the expiration of the said thirty (30) days. Any appointee under this section shall qualify under the provisions of this Charter, shall hold office, and shall serve for the unexpired term and until a successor is elected and qualified. 9. After the resignation of Mr. Johnson, the Carlisle Village Council had six remaining Council members (including the Mayor). 10. On June 28, 2011, at a regular meeting of Carlisle Village Council, a vote was conducted to fill the vacant seat on the Carlisle Village Council. Of the six votes cast by the remaining six Council members, Respondent Scott Richardson received three (3) votes, Relator Terry Johnson received two (2) votes, and Cheryl Sweezy received one (1) vote. 11. Immediately after the vote at the June 28, 2011, Council meeting, Council members disagreed as to whether or not a vote constituted a "majority vote" of Council, as required by Section 4.05(d) of the Village Charter. 12. Council member Jennifer Long asked the Village Law Director, David Chicarelli, to render an opinion on the matter. On or about June 30, 2011, Mr. Chicarelli gave a written opinion to the Carlisle Council, stating that a vote constituted a majority for Respondent. 3

11 13. On or about June 30, 2011, against the protestations of several Carlisle Council members and without authorization of Council, Mr. Chicarelli proceeded to swear Respondent in to the office of member of Council. This act was objected to by members of the Council because there was still a dispute as to the outcome of the vote to fill the vacancy. 14. No further votes to elect a successor Council member were taken. 15. On July 1, 2011, the 30-day period for the remaining members of Carlisle Village Council to elect a successor Council member by majority vote of the remaining Council members lapsed. 16. Because Carlisle Village Council failed to elect, by majority vote of the remaining six members, a successor member to fill the vacant Council seat created by the resignation of Chad S. Johnson within 30 days of that vacancy, the authority to fill that vacancy passed, by operation of Section 4.05(d) of the Carlisle Village Charter, to me as the Mayor of the Village of Carlisle. 17. On July 1, 2011, as required by the provisions of Section 4.05(d) of the Carlisle Village Charter, I appointed Relator Terry Johnson to the office of Carlisle Council Member. Thereafter, I swore Terry Johnson in as a member of Carlisle Village Council. 18. At each regular meeting of the Carlisle Village Council since July 1, 2011, Respondent Scott Richardson has assumed the seat of a member of Carlisle Village Council and has purported to exercise the rights and duties of that office. At these meetings, as the presiding officer of the Council, I have asked Respondent to remove himself and have stated that I would not acknowledge his vote as a Council member. Respondent has re-fusezi ta remave himseiiirorn the Council meetings. 4

12 Further affiant sayeth naught. Sworn to before me and subscribed in my presence this< day of August, SHARLA D. CARTER, Notary Public: in and for the State of Ohio My Commission Expires Nav. 24,2014 5

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COMMERCE, TEXAS:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COMMERCE, TEXAS: ORDINANCE 19-0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMMERCE, TEXAS, ORDERING AND CALLING A SPECIAL ELECTION FOR THE CITY OF COMMERCE ( CITY ) TO BE HELD ON MAY 4, 2019 FOR THE PURPOSE OF ELECTING