July 28, We designate our legal counsel, with whom you may communicate, as follows:

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1 July 28, 2016 Hon. Jon Husted, Secretary of State State of Ohio c/ o Meigs County Board of Elections 117 E Memorial Dr.,# 1 Pomeroy, OH Delivered via hand-delivery RE: Filing of O.R.C protest against Board of Elections decision to exclude proposed Meigs County Charter from November 8, 2016 election ballot Dear Meigs County Board of Elections and Secretary of State Husted: Pursuant to O.R.C (B), we, citizens who support passage of the proposed "Charter for Meigs County, Ohio" ("Charter Proposal" or "Petition"), hereby lodge with the Meigs County Board of Elections and the Ohio Secretary of State the following protest of the Board of Elections' rejection of said Charter Proposal from placement on the November 8, 2016 general election ballot. We designate our legal counsel, with whom you may communicate, as follows: James Kinsman, Esq. (S.Ct. # ) P.O. Box Cincinnati, OH (513) james@jkinsmanlaw.com Terry J. Lodge, Esq. (S.Ct. # ) 316 N. Michigan St., Suite 520 Toledo, OH Fax ( 440) lodgelaw@yahoo.com We request that the Board of Elections forward this protest to Secretary of State Husted immediately and not wait until the last day to do so under O.R.C The particulars of our protest follow. Page I of 8

2 I. Background On Thursday, July 21, 2016, the Meigs County Board of Elections voted 4-0 against certifying the proposed "Charter for Meigs County, Ohio" to be placed on the November 8, 2016 general election ballot. The committee of petitioners submitted 860 signatures, of which 603 were validated, surpassing the requirement of 596 signatures to certify the proposal to the ballot. Following the July 21 meeting, the Meigs County Board of Elections reported via letter to the Meigs County Commissioners that it had determined the Petition to be invalid. That letter is attached to this Protest. In it, the Board of Elections stated: These petitions have been examined and were determined to be invalid because it {sic] did not meet the threshold requirements of Ohio Revised Code It has been determined that the petition calls for an alternative form of government and there is no information if that county executive would be elected or appointed. That information is not included. II. Citizens' Protest and Rebuttals of BOE Rationales for Rejection At the Board of Elections meeting on July 8, 2016, the members reviewed the county charter petition and voted to reject because "it did not satisfy the threshold requirements of R.C , which requires the establishment of an alternative form of county government to include either an elective county executive or an appointive county executive." Two BOE members voted in favor of the motion while two abstained from voting. The BOE requested the Secretary of State to consider the vote pursuant to 0.R.C Finding that a majority of the BOE members present had not voted decisively, the Secretary of State returned the matter to the BOE to "to complete its consideration of the proposed county initiative petition.... " In his July 20, 2016-letter which ordered the revote, the Secretary of State also instructed the BOE as follows: Specifically, it is incumbent on the board to determine whether a charter petition satisfies "the threshold requirements that define a charter initiative." State ex rel Walker V. Husted, 144 Ohio St.3d For example, in Walker, the Supreme Court of Ohio determined that Ohio Constitution Article X, Section 3 requires that every county charter "will provide the form of government of the county and will determine which of its officers will be elected and the manner of their election," and that R.C mandates that an alternative form of county government "will Page 2 of 8

3 include either an elective county executive or an appointive county executive." Id. The above-cited advice incorrectly recites the holding of Walker. It also misstates the constitutional requirements for a valid county charter, and it may have misled the Meigs Board of Elections into voting for a legally-unsupportable ruling. The Meigs County Board of Elections not only misread the law, it also ignored facts within the Petition's contents. In holding that the Petition "was determined to be invalid because it did not meet the threshold requirements of Ohio Revised Code ," the BOE echoed the Secretary of State's misunderstanding regarding whether the "form" of government must be changed in order to enact a charter. The BOE (and the SOS) have confused a "charter form of government" with an "alternative form of government", when in fact these are completely separate options. Article X, 3 of the Ohio Constitution and O.R.C. Chapter 302 provide two distinct alternative means of structuring county government. Article X of the Constitution does not require a change in the form of county government merely so that the citizens of Meigs County may enact a Charter. Article X, 3 says: The people of any county may frame and adopt or amend a charter as provided in this article but the right of the initiative and referendum is reserved to the people of each county on all matters which such county may now or hereafter be authorized to control by legislative action. Every such charter shall provide the form of government of the county and shall determine which of its officers shall be elected and the manner of their election. (Emphasis supplied). The word "may" implies discretion. See, e.g., Creed v. Sauline, 74 Ohio St.3d 402, (1996). Nowhere does the Ohio Constitution require the alteration of the form of government or the creation of a new county executive position in order for there to be a valid county charter proposal. There is no mandate that the form of the county government be changed at all, so long as the form of government is delineated in the Charter (in light of the seven single-spaced pages which thoroughly disclosed the positions, qualifications and duties of all officeholders under a county charter, the form of government was certainly delineated in the current Petition). The point is, no change from the existing form of government is necessary as a prerequisite for the citizens to initiate and pass their County Charter Proposal. Page 3 of 8

4 This precept is congruent with the actual wording of O.R.C , which sets forth a completely different procedure and which is opposed to the Board of Elections' wishful thinking. Even the title assigned to the statute makes the point: "Electors may adopt alternative form of county government." Section , contrary to the beliefs of the SOS and Board of Elections, actually states: The electors of any county may adopt an alternative form of county government authorized by the provisions of sections to , inclusive, of the Revised Code. Upon adoption as provided by such sections, said alternative form of government shall take the place of the form of government then existing in such county and the provisions of sections to , inclusive, of the Revised Code, applicable to the adopted alternative form of government shall be controlling in such county as to all matters to which they relate, and other provisions of the general laws of the state shall be operative therein only insofar as they are not inconsistent with the aforesaid provisions. (Emphasis added). It is accepted that "[t]he word 'may' connotes discretion." Thomas v. Thomas, hio-2136, 03AP1106, 04-LW-1828 (10th); Coleman Young Motors, Inc. v. Limbach, 51 Ohio App.3d 117, 121, 554N.E.2d 1349 (11th Dist. 1988). The Board of Elections seems to have overlooked the following disclaimer appearing in the Charter Proposal, or it might have avoided an erroneous vote: Section 4.1 Charter Authority This Charter is enacted pursuant to the Ohio Constitution's Home Rule provision of Article X Section 3, and hereby exercises the people's right and power to form a County Charter government. (This Charter does not form an "alternative" form under the general law, Section 302). In order to repudiate the Charter Proposal, the BOE had to ignore the express wording in the Petition and further, to deny the obvious discretion expressly granted the Petitioners by Ohio Const. Art. X, 3 and O.R.C. Chapter to propose an alternative form of government, or not. The "authority to determine whether a ballot measure falls within the scope of the constitutional power of referendum (or initiative) does not permit election officials to sit as arbiters of the legality or constitutionality of a ballot measure's substantive terms." State ex rel. Walker v. Husted, supra, 15. "[T]he board of elections has no power to determine that an issue should not be placed on the ballot because if passed it would be unconstitutional or otherwise illegal." Id., quoting from State ex rel. Schultz v. Cuyahoga Cty. Bd. of Elections, 50 Ohio App.2d 1, 5-6, 361N.E.2d 477 (8th Dist.1976). Page 4 of 8

5 This fundamental distinction and separation between the concepts of county charter and an alternative form of government are explicated in the Ohio County Commissioners Handbook,1 which is looked to as an authoritative source of election law and advice. The Handbook reinforces Petitioners' arguments. Section 2.21 states There are two primary differences between a county charter government and an alternative form of county government. First, an alternative form adopted under current law does not permit the abolishment of any county elected official, as is possible under a charter. Second, and unlike a charter which has almost total flexibility as to content, the alternative form law is quite specific and is thus more limited in scope. The alternative form of county government law (ORC Chapter 302) was adopted by the General Assembly in 1961 (HB 855). There have been only sporadic attempts to enact this form of government since that time, most recently in Delaware County in No county now operates under an alternative form of county government. The law indisputably allows retention of the existing officeholder structure of county government, without any requirement that the governmental model set out in Chapter 302 become the county government structure. O.R.C. Chapter 302 is very explicit, but it is optional. Passage of a charter does not obligate invocation of an alternative form of government at all. The Handbook notes that neither Summit County nor Cuyahoga County - the only current charter counties - have followed Chapter 302, evidenced by the statement that "No county now operates under an alternative form of government." Id Charter proposals and alternative forms of government are separate, unrelated options available to people interested in governmental reform; they are not interdependent obligations, no matter what the Meigs County Board of Elections insists to be the case. III. Conclusion The basis for the Meigs County Board of Elections rejection of the Charter Proposal from the ballot exceeds the limits of the petition validity inquiry set by the Supreme Court in Walker. The Supreme Court in Walker did not endorse Secretary Husted's argument that 1http:// Page 5 of 8

6 O.R.C "requires" a county executive; the Court merely delineated Husted's legal position: However, Husted presented an alternative basis for invalidating the charter petitions, namely, that the charters do not satisfy the threshold requirements that define a charter initiative. Specifically, Article X, Section 3 of the Ohio Constitution requires that every county charter "shall provide the form of government of the county and shall determine which of its officers shall be elected and the manner of their election." And R.C mandates that an alternative form of county government "shall include either an elective county executive * * * or an appointive county executive." Walker, 22. A reading of 2 3 of Walker, the paragraph immediately following the Court's description of Secretary Husted's argument, reveals that Secretary Husted's assertion that O.R.C "mandates" a county executive was not the basis for the Supreme Court's decision. Rather, the petitioners' use of incorporation-by-reference to substitute for a detailed description on the pages of the petition itself is what the Court found objectionable: [ 23] Article IV of the proposed charters, entitled "Form of Government and Elections," contains Section 4.01, "County Officers, Duties, Powers, and Manner of Election." It states: "The offices and duties of those offices, as well as the manner of election to and removal from County offices, and every other aspect of county government not prescribed by this Charter, or by amendments to it, shall be continued without interruption or change in accord with the Ohio Constitution and the laws of Ohio that are in force at the time of the adoption of this Charter and as they may subsequently be modified or amended." While purporting to maintain the status quo on matters of county offices, officers, and their duties and manner of election, these proposed charters do not "provide the form of government of the county" or "determine which of its officers shall be elected and the manner of their election." One must look to sources outside the proposed charters to determine the form of government they purport to establish, and therefore they do not satisfy the legal prerequisites. (Emphasis supplied). Walker, 23. Page 6 of 8

7 This is the core defect in the Secretary of State's advice to the Meigs Board of Elections which has been echoed back in the BO E's rejection of the proposed County Charter. The Ohio Supreme Court clearly did not uphold the notion that O.R.C requires creation of a county executive as a prerequisite to passage of a county charter. The wording that the Secretary of State and the Board of Elections point to as the Supreme Court's holding is merely the Court's description of the Secretary of State's rationale for rejecting county charter petitions in The argument that a county executive is required for a charter county was not decided on by the Court, and is not part of the Court's rationale for striking the petitions in Walker. Consequently, the BOE vote, which relies on such an interpretation, cannot be sustained by the Secretary of State. We respectfully request that the Secretary of State reverse the 4-0 ruling of the Meigs County Board of Elections and return the matter to the BOE with instructions to immediately notify the Meigs County Commissioners to certify the Charter Proposal to the November 8, 2016 general election ballot, and to take all necessary steps to ensure that the Charter Proposal appears on the November 8, 2016 ballot. Respectfully submitted, Dennis J. Sargent Curtis Hollow Road Long Bottom, OH Ellen C Shelburne PO Box State Route 681 Reedsville, OH Kathy Lynn Sargent Curtis Hollow Road Long Bottom, OH Dr. Thomas A. McMahon, DC Waggoner Rd. Pomeroy, Ohio Gregory D. Howard Gibson Ridge Road Albany, OH Victoria Taylor Carsey Road Albany, OH Page 7 of 8

8 Tom Zano T.R. 247 Pomeroy, Ohio Sue Zano T.R. 247 Pomeroy, Ohio Page 8 of 8

9 Letter of Filings with the Meigs County Board of Elections Meigs County Board of Elections 113 E. Memorial Drive, Suite A Pomeroy, Ohio Phone Fax RCVD JUL 21'16 Charles F. Williams, Chairman David W. Fox, Member Rita L. Slavin, Member James V. Stewart, Member Mehhan Lee, Director Angle Robson, Deputy Director July 21, 2016 Meigs County Commissioners Court House 2nd Street Pomeroy, Ohio Dear Commissioners, This letter is to inform you that the referendum petition for Clean Water Rights and Home Rule by Charter was filed with the Meigs County Board of Elections on Tuesday, June 28, 2016 by the Meigs County Home Rule Committee. These petitions have been examined and were determined to be invalid because it did not meet the threshold requirements of Ohio Revised Code It has been determined that the petition calls for an alternative form of government and there is no information if that county executive would be elected or appointed. That information is not included. The Home Rule Committee submitted two additional part petitions to meet the required number of valid signatures. They needed four additional signatures and submitted 11 valid signatures bringing the total valid signature count to 603 valid signatures. Sincerely, Charles E. Williams, Chairman Meigs County Board of Elections David W. Fox, Member Meigs County Board of Elections Rita L. Slavin, Member Meigs County Board of Elections James V. Stewart, Member Meigs County Board of Elections

10 Meigs County Board of Elections 117 E. Memorial Drive POMEROY, OHIO Petition ID: Receipt ID: 1 Description: MEIGS COUNTY CHARTER REFERENDUM PETITION 2016 Issues Number of Required Signatures 596 Number of Valid Signatures 592 Filing Date: 07/15/16 Start Date: End Date: 07/15/16 Verified Part Petitions: 41 Circulator Signature Count: 850 Verified Signature Count: 848 Valid Signature Count: 592 Detail of Invalid Signatures 23 INVALID: Address missing 4 INVALID: Date missing 12 INVALID: Illegible 88 INVALID: Not qualified - Not an elector 4 INVALID: Duplicate - Signer has signed before 61 INVALID: Signature does not match 36 INVALID: Address does not agree 28 1 Invalid Part Petitions with 1 Circulator count and 0 lines used PETITION PENDING: Required number of signatures NOT validated

11 Meigs County Board of Elections 117 E. Memorial Drive POMEROY, OHIO Petition ID: Receipt ID: 2 Description: MEIGS COUNTY CHARTER REFERENDUM PETITION 2016 Issues Number of Required Signatures 596 Number of Valid Signatures 11 Filing Date: 07/15/16 Start Date: End Date: 07/15/16 Verified Part Petitions: 2 Circulator Signature Count: 12 Verified Signature Count: 12 Valid Signature Count: 11 Detail of Invalid Signatures 1 INVALID: Not qualified - Not an elector 0 Invalid Part Petitions with 0 Circulator count and 0 lines used PETITION PENDING: Required number of signatures NOT validated

12 Jon Husted Ohio Secretary of State 180 East Broad Street, 16th Floor Columbus, Ohio Tel: (877) Fax: (614) Via Electronic Mail July 20, 2016 Director Meghan Lee Deputy Director Angela Robson Meigs County Board of Elections 113 East Memorial Drive, Suite A Pomeroy, Ohio Re: County Charter Initiative Petition Vote Dear Director Lee and Deputy Director Robson: At its meeting on July 8, 2016, the Meigs County Board of Elections reviewed a county charter initiative petition submitted by the Meigs County Home Rule Committee. During the meeting, Board Member Stewart made a motion "to vote the county charter initiative petition invalid because it did not satisfy the threshold requirements of R.C , which requires the establishment of an alternative form of county government to include either an elective county executive or an appointive county executive." Board Members Fox and Stewart voted in favor of the motion, and Chairman Williams and Board Member Slavin abstained from voting. The board has submitted that vote to me for consideration. Ohio Revised Code requires boards of elections to exercise their powers by majority vote. Subject to certain statutory exceptions, a majority vote of the quorum is required in order for the board to take any action. A quorum refers to the number of members present at a meeting, not to the number actually voting on a particular question. In this situation, two board members abstained from voting, which is not the same as a vote against the motion. Therefore, I return the question to the board to complete its consideration of the proposed county initiative petition under Ohio Revised Code and Ohio Revised Code requires a board of elections to make two determinations of validity when reviewing a county charter petition-whether the petition contains sufficient valid signatures, and whether the petition otherwise "meet[s] the requirements of law." Having determined by unanimous vote that the petition does not contain sufficient valid signatures, your board must now determine whether the petition otherwise "meet[s] the requirements of law." Specifically, it is incumbent on the board to determine whether a charter petition satisfies "the threshold requirements that define a charter initiative." State ex rel Walker v. Husted, 144 Ohio St.3d For example, in Walker, the Supreme Court of Ohio determined that Ohio Constitution Article X, Section 3 requires that every county charter "shall provide the form of

13 Page 2 of 2 government of the county and shall determine which of its officers shall be elected and the manner of their election," and that R.C mandates that an alternative form of county government "shall include either an elective county executive or an appointive county executive." Id. After completing both of these inquiries, the board must submit a report to the board of county commissioners certifying the results of your inquiries. Accordingly, I return the question to the Meigs County Board of Elections to complete its statutory duty to determine the validity of this county charter petition under Ohio Revised Code and in consultation with the board's legal counsel. Sincerely, Jon Husted cc: Members of the Meigs County Board of Elections

14 Page 1of11 PETITION FOR SUBMISSION OF PROPOSED COUNTY CHARTER Constitution of Ohio, Article X, Sections 3 and 4; Revised Code , , , , To be filed with the board of county commissioners not later than 110 days before the date of a general election; or in the alternative, to be filed with the county board of elections not later than 130 days before the date of a general election. 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 Board of County Commissioners of the County of Meigs, Ohio: We, the undersigned, qualified electors of the County of Meigs, Ohio, respectfully petition the Board of County Commissioners to forthwith provide by Resolution, for the submission to the electors of said county, the question of adopting a county charter in the form attached to this petition, that question being: "SHALL THE ATTACHED COUNTY CHARTER BE ENACTED?" PROPOSED CHARTER FOR MEIGS COUNTY, OHIO PREAMBLE We, the people of the County of Meigs, Ohio, by this Charter create a home rule form of government, as provided by Article X, Section 3 of the Ohio Constitution, and hereby secure the right of all County people to live in a healthy and safe environment, and participate in local government. Article 1, Sectjonl of the Ohio Constitution states that "All men arefree and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety. " By this Charter we exercise these rights, including the right to live in a healthy and safe environment. The Ohio Constitution, Article I, Section 2 declares that "All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary... " By this Charter, we both exercise this right, and thereby constitute our County government for the exercise of our political power locally. We hereby declare that we deem it necessary to alter the current statutory County government and create a constitutional County government in order to guarantee to all of the people their equal protection and benefit. We secure for ourselves and for our successors the right of self-determination, by establishing a County government that provides for initiative and referendum rights, the exercise by the people of the County through their local representatives of all powers vested in but not limited to municipalities, and the power to articulate and protect fundamental rights free from preemption by other levels of government. Therefore, in accordance with Article X, Section 3 of the Ohio Constitution, as well as our inherent right of local community self-government, we form this Charter so that the people in all incorporated and unincorporated parts of the county may exercise all reserved powers including, but not limited to, those vested by the Constitution and laws of Ohio in home rule municipalities and by this Charter, to elevate the consent of the governed above administrative dictates and preemptions that serve special privileges rather than general rights, and to secure fundamental rights, and end the violation of those rights. Article I-COMMUNITY BILL OF RIGHTS (Community Rights) Section 1.1 Rights Inalienable, Self-Executing, and Enforceable All rights delineated and secured by Articles I and V of this Charter are inherent, fundamental, irrevocable, inalienable, and shall be self-executing and enforceable against private and public entities. Further implementing legislation shall not be required for the people and natural ecosystems protected by this law to enforce all of the provisions of this Charter. The people of the County of Meigs shall be secure in these rights, and may bring an action to enforce these rights. In such an action, the people shall be entitled to recover all costs of litigation, including, without limitation, expert and attorney's fees. These costs and fees shall not be awarded against people of the county protecting or enforcing these rights. Section 1.2 Rights Retained by People The enumeration of rights in this Charter and elsewhere shall not be construed as a limitation upon rights of the people of the County of Meigs, and rights not enumerated are retained by the people. The rights of the people shall not be limited, infringed, or abridged by any law, judicial ruling, preemption, regulation, process, permit, license, Charter, or delegation of privilege or authority. Section 1.3 Government Legitimacy All governments in the United States owe their existence to the people of the communities that those governments serve, and governments exist to secure and protect the rights of the people and those communities. Any system of government that becomes destructive of those ends is not legitimate, lawful, or constitutional.

15 Page 2of11 Section 1.4 Right of Local Community Self-Government The people of the County of Meigs possess both a collective and individual right of local community self-government in their community, a right to a system of local government that embodies that right, and a right to a system of local government that protects and secures their human, civil, and collective rights. Section 1.5 Right to Assert the Right of Self-Government The people of the County of Meigs possess a right to use their local government to make and enforce law. The making and enforcement of law by the people through a municipal corporation or any other institution shall not eliminate, limit, or reduce their sovereign right of locai community self government. Section 1.6 Right to Municipal Autonomy The people of every municipality (incorporated City, Village, and Township) in the County of Meigs have and shall retain the right of local community self-government in their municipality and other rights as secured by this Charter. This Charter, and laws enacted pursuant to it, shall not preempt the exercise of political power by the people within any municipality in the County, and in case of conflict between the exercise of powers secured by this Charter and the exercise of powers by people of municipalities, the powers of the people of the municipality shall prevail within its jurisdiction. Section 1.7 Right to Untainted Elections, Initiative, Referendum, and Recall Elections shall be free and equal, and no power or association, civil or military - including chartered corporations - shall at any time interfere to prevent or influence the free exercise of the right of suffrage or the outcomes of elections. The people at all times retain the right to exercise direct democratic action, including participation in democratic decision-making by initiative, ref erendum, and recall. Section 1.8 Right to Clean Air, Water, and Soil All people of the County of Meigs, along with ecosystems within the County, possess the right to clean air, water, and soil. Section 1.9 Rights of Nature Natural ecosystems within the County of Meigs including, but not limited to, rivers, streams, wetlands, and aquifers, possess the right to exist, flourish, and naturally evolve, free from activities prohibited by this Charter and other laws of the County. Section 1.10 Right to be Free from Chemical Trespass All people of the County of Meigs, along with ecosystems within the County, possess the right to be free from chemical trespass by toxic substances introduced into the environment by processes and activities prohibited by this Charter and other laws of the County. Section 1.11 Right to Govern Corporate Activities As corporations are chartered and licensed by the State in the name of the people, and as all political power is inherent in the people, the people of this County have and retain the power to make laws, rules, and regulations directly, or through their local representatives, to modify the rights, powers, privileges, immunities, or duties of corporations that act within the County when those corporate rights, powers, privileges, immunities, or duties conflict with the rights of the people or nature. Section 1.12 Rights Secured against Corporations Corporations are created and empowered to act through the State's issuance, in the name of the people, of charters, licenses, and permits, and thus are creatures of the State, answerable to and governed by the people. As such, when corporations act, in this County, they act under color of law, and are liable for the violation of rights when those violations occur due to corporate action or inaction. Corporations and other business entities that violate rights secured by this Charter or other local law, or that seek to violate those rights, shall not be deemed to be juristic "persons" to the extent that such treatment would infringe the rights secured, or violate the protections of rights imposed, by this Charter or other local law. Nor shall such a corporation possess any other rights, powers, privileges, immunities, or duties that would infringe the rights enumerated for the people or nature in the laws and constitutions of this County, the State of Ohio, the United States of America, and international law. "Rights, powers, privileges, immunities, or duties" shall include, without limitation, standing to challenge this Charter or other local laws, the power to assert state or federal preemptive laws in an attempt to overturn sections of this Charter or other local laws, and the power to assert that the people of the County lack the authority to adopt this Charter or other local laws. In addition, no permit, license, privilege, charter, or other authority issued by any state, federal, or international entity shall be deemed valid within the County if it violates, purports to legalize the violation of, limits or reverses, the rights secured by this Charter or laws enacted by the County to protect those rights. Section 1.13 Right to a Sustainable Community All the people of the County of Meigs possess the right to a sustainable community, which includes, but is not limited to, the right to enact local laws establishing policies and prohibitions concerning energy, water, construction, transportation, and other activities in order to further secure this right, and the right to be free from activities that may adversely impact the rights of people or nature. Section 1.14 Right to Own Property All the people of the County of Meigs possess a right to own property, subject to the rights of people and nature as recognized by this Charter, other local law, state, federal, or international law. Section 1.15 Rights against Eminent Domain All the people of the County of Meigs have the right to hold private property without threat of expropriation or taking by corporate entities for purposes of private gain rather than public use. The power of taking private property shall not be delegated. The taking of private property by the County for economic development does not constitute public use.

16 Page 3of 11 Section 1.16 Right to Peaceful Enjoyment of Home All the people of the County of Meigs possess a fundamental and inalienable right to the peaceful enjoyment of their homes, including but not limited to the right to access, occupy and enjoy their homes free from interference, intrusion, nuisances, or impediments, resulting from activities prohibited by this Charter and other local laws. ARTICLE II-PROTECTION OF RIGHTS Section 2.1 Prohibitions Necessary to Protect Rights It shall be unlawful for any private or public entity to violate the rights secured by this Charter and its amendments, by engaging in the activities herein enumerated and activities as may be further prohibited by local law. Accordingly, it shall be unlawful for any corporation or government to: Section Deposit, store, treat, inject, dispose of, or process wastewater, produced water, "frack" water, brine or other substances, chemicals, or by -products that have been used in, or result from, the extraction of shale gas and oil by high-volume horizontal hydraulic fracturing, on or into the land, air or waters of the County of Meigs. However, this prohibition shall not include wastewater produced in the County of Meigs by conventional shallow vertical drilling methods. Section Engage in the procurement or extraction of any water from any source, including public water sources, within the County of Meigs for use in high-volume hydraulic fracturing for extraction of shale gas and oil or for sale, use, or removal outside the County. ARTICLE IH---CORPORATE POWERS, RIGHTS AND PRIVILEGES Section 3.1 Name, Boundaries and Powers The County of Meigs as its boundaries now are, or hereafter may be, shall be a body politic representative of and directly responsible to the residents of this county to be known by the name of "County of Meigs" with all the powers, authorities, and responsibilities granted by this Charter and by general law, including but not limited to all or any powers vested in municipalities, subject to Section 1.6 of this charter, by the Ohio Constitution or by general law. The County of Meigs is responsible within its boundaries for the exercise of all powers vested in, and the performance of all duties imposed upon, counties and County officers by general law, provided that general law does not infringe the rights of the people of Meigs County, including without limitation rights enumerated in this County Charter, or other inalienable rights. In addition, the County may exercise all powers specifically conferred by this Charter or incidental to powers specifically conferred by this Charter, including, but not limited to, the concurrent exercise of all or any powers vested in municipalities by the Ohio Constitution or by general law. The County may recognize or create greater protections for people and nature than provided by state law. All such powers shall be exercised and enforced by ordinance or resolution of the County Commissioners, through exercise of the initiative and referendum powers by the people, or. by Charter amendment approved by a majority vote of the people. When not prescribed by the Charter or by amendment to this Charter, by local law enacted by the County Commissioners, or by local law enacted by the people, such powers shall be exercised in the manner prescribed by the Constitution of Ohio or by general law. Section 3.2 Powers Limited This Charter does not empower the County to exercise exclusively any municipal powers nor to provide for the succession by the County to any property or obligation of any municipality or township without the consent of the legislative authority of such municipality or township or the vote of the people of such municipality or township as expressed through their initiative power. In case of conflict between the exercise of powers granted by this Charter and the exercise of powers by municipalities or townships granted by the Constitution or general law, the exercise of powers by the municipality or township shall prevail. The County shall have power to levy only those taxes that counties are by general law authorized to levy. Section 3.3 Construction The powers of the County under this Charter shall be construed liberally in favor of the County, and the specific mention of particular powers in this Charter shall not be construed as limiting in any way the general powers granted under this Charter. ARTICLE IV-FORM OF GOVERNMENT AND ELECTIONS Section 4.1 Charter Authority This Charter is enacted pursuant to the Ohio Constitution's Home Rule provision of Article X Section 3, and hereby exercises the people's right and power to form a County Charter government. (This Charter does not form an "alternative" form under the general law, Section 302). Section 4.2 The County Commission The County Commission shall be composed of three (3) at large members who shall be elected to fulfill the following responsibilities. Section Election of County Commissioners The County Commissioners shall be elected to four year terms that will commence on the following days, (1) January 2, 2017, (2) January 3, 2017, and (3) January 1, The incumbents who currently hold appointments in these terms, shall remain until the expiration of their current term.

17 Page 4of11 They may run for reelection if not already term limited. Candidates that are running for the Commissioner openings concurrent with this charter, shall assume the role in accordance with this Charter. Any candidate for election as County Commissioner shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy, shall be nominated and elected in the manner provided by general law for county officers, and shall not hold or accept other public office. Section County Commissioner Compensation The salary of the County Commissioners shall be in accordance with ORC as may be amended. Section Powers and Duties of the County Commissioner The County Commissioners shall have those powers and duties as responsible for the day-to-day running of the departments, offices and agencies of County government under his or her jurisdiction and control, in accordance with general law. If there is a conflict between this Charter and general laws, the duties of this Charter shall prevail. Such powers and duties include, but are not limited to, the following: To fulfill the oath of office of County Commissioners by enforcing the rights of the people and nature secured by this Charter To ensure the health, safety and welfare of the people and nature of Meigs County and to prevent the violation of those rights by enacting and enforcing local laws for this purpose To appoint, hire, suspend, discipline and remove all county personnel except those who are elected or who, as provided by general law, are under the jurisdiction of elected or other officers, boards, agencies, commissions and authorities of a county other than the Board of County Commissioners To appoint officers and members of boards, agencies, commissions and authorities as may hereafter be created pursuant to this Charter. No such appointment shall be effective until confirmed by a majority of the full County Commission. The County Commission appointees shall reflect the diversity of the people of the County To appoint and provide for the compensation and duties of the County Clerk and such other assistants as the County Commission determines to be necessary for the efficient performance of its duties To establish departments, and divisions and sections within departments, and such boards, agencies, commissions, and authorities as the County Commission determines to be necessary for the efficient administration of the County To adopt and amend the annual tax budget, the operating budget and the capital improvements program and to make appropriations for the County; however, County Commission shall not have the power to levy and/or increase taxes unless approved by a majority of the electors of the County at a primary or general election, in accordance with general laws To determine which officers and employees shall give bond and to fix the amount and form thereof, provided that no bond requirement shall change during an elected official's term. Section Organization, Rules and Procedures On the first Monday of each year which is not a legal holiday, the County Commission shall organize by electing one of its members as President for a one year term. The President shall preside at all meetings of the County Commission The County Commission shall determine its own rules and order of business. This shall include a schedule for regularly scheduled sessions ("Regular"). While the Commission may undertake special sessions outside of the Regular sessions, such special sessions shall be Published at least 48 hours in advance. Agenda for Regular scheduled sessions are to be Published one week prior to meeting. Agenda for special sessions are to be Published 48 hours in advance. Minutes of all sessions are to be Published within two working days of meeting date. "Published" is defined as a minimum of posting on the Meigs County Commissioners website and submitted to the local paper. The County Clerk shall keep and make available for public inspection at all reasonable times a record of all proceedings of the County Commission, recording each member's vote on an ordinance or resolution All legislative action shall be by ordinance introduced in written or printed form. Each ordinance shall contain no more than one subject, which shall be clearly expressed in its title No ordinance, except those of a mandatory ministerial nature, pursuant to citizen initiative, referendum, recall and Charter Amendment, shall be passed by County Commission until it has been read, which may be by title only, at three different Regular County Commission meetings No action of the County Commission shall be valid or binding unless adopted by the affirmative vote of at least a majority of the members of the County Commission. Once each ordinance is approved by the Commission, the Commission President shall sign the ordinance Each ordinance shall take effect upon enactment unless otherwise specified in the measure.

18 Page 5of11 Section 4.3 The County Auditor The County Auditor shall be the accounting and processing authority of the County. Section Election of County Auditor The County Auditor shall be elected quadrennially, commencing their term on the second Monday in March after their election. The incumbent, who currently holds this position, shall remain until the expiration of their term. The Auditor candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Auditor, (2) be nominated (3) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, (4) be elected in the manner provided by general law for county officers. Any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Auditor shall not hold other public office and shall complete 24 hours of continuing education hours during the term, with 16 hours during the first year of the term. Section County Auditor Compensation The salary of the County Auditor shall be in accordance with ORC , as may be amended. Section Powers and Duties of the County Auditor The County Auditor shall have those powers and duties as responsible for the day-to-day accounting of transactions for the County government under his or her jurisdiction and control, in accordance with general law. Section 4.4 The County Treasurer The County Treasurer shall be the county authority for means of processing and securing and managing County funds. Section Election of County Treasurer The County Treasurer shall be elected quadrennially, commencing their term on the first Monday in September after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Treasurer candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Treasurer, (2) be nominated, (3) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, ( 4) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Treasurer shall not hold other public office. Section County Treasurer Compensation The salary of the County Treasurer shall be in accordance with ORC , as may be amended. Section Powers and Duties of the County Treasurer The County Treasurer shall have those powers and duties as responsible for the day-to-day obtaining and securing county funds under his or her jurisdiction and control, in accordance with general law. Section 4.5 The Prosecuting Attorney The County Prosecuting Attorney shall be the responsible for legal guidance and prosecuting authority of the County. Section Election of County Prosecuting Attorney The County Prosecuting Attorney shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Prosecuting Attorney candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Prosecuting Attorney, (2) be licensed to practice law in the State of Ohio, (3) not be a member of the general assembly of this state or mayor of a municipal corporation, (4) be nominated (5) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, (6) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Prosecuting Attorney shall not hold other public office. Section County Prosecuting Attorney Compensation The salary of the County Prosecuting Attorney shall be in accordance with ORC , as may be amended. Section Powers and Duties of the County Prosecuting Attorney The County Prosecuting Attorney shall have those powers and duties as responsible for the prosecution of all complaints, suits and controversies in which the state is a party in the County, in accordance with general law. Section 4.6 The County Engineer The County Engineer shall be the professional engineering authority of the County. Section Election of County Engineer The County Engineer shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Engineer candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Engineer, (2) be a registered professional engineer and a registered surveyor, licensed to practice in this state, (3) be nominated (4) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, (5) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Engineer shall not hold other public office.

19 Page 6of 11 Section County Engineer Compensation The salary of the County Engineer shall be in accordance with ORC , as may be amended. Section Powers and Duties of the County Engineer The County Engineer shall have those powers and duties as responsible for the day-to-day questions of engineering or surveying of the departments, offices and agencies of County government under his or her jurisdiction and control, in accordance with general law. Section 4. 7 The County Recorder The County Recorder shall maintain all county records. Section Election of County Recorder The County Recorder shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Recorder candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Recorder, (2) be nominated (3) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, ( 4) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Recorder shall not hold other public office. If newly elected for a full term, the Recorder shall complete at least 15 hours of continuing education during the first year of the term and at least 8 hours each subsequent year of the term in continuing education hours. Section County Recorder Compensation The salary of the County Recorder shall be in accordance with ORC , as may be amended. Section Powers and Duties of the County Recorder The County Recorder shall have those powers and duties as responsible for the day-to-day county record keeping of County information under his or her jurisdiction and control, in accordance with general law. Section 4.8 The County Coroner The County Coroner or a deputy shall be responsible for medical records and investigations in the county. Section Election of County Coroner The County Coroner shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Coroner candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Coroner, (2) be a licensed physician in the state for at least 2 years prior to commencing the term, (3) if a newly elected coroner, after the general election but prior to commencing the term of office to which elected, shall attend and successfully complete sixteen hours of continuing education at programs sponsored by the Ohio state coroners association, (4) be nominated (5) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and ( 6) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Coroner shall not hold other public office and during the term must attend and complete 32 hours of continuing education at programs sponsored by the Ohio state coroners association, with 24 of those hours at statewide meetings and 8 at regional meetings. Section County Coroner Compensation The salary of the County Coroner shall be in accordance with ORC , as may be amended. Section Powers and Duties of the County Coroner The County Coroner shall have those powers and duties as responsible for the day-to-day running of the medical offices and agencies of County government under his or her jurisdiction and control, in accordance with general law. Section 4.9 The County Sheriff The County Sheriff shall be peace keeping authority of the County. Section Election of County Sheriff The County Sheriff shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The candidate for Sheriff shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy. The Sheriff candidates shall meet the requirements created by the county commissioners, provided that such requirements will at least meet those of general laws in ORC 311. During the entire term, the County Sheriff shall not hold other public office. Section County Sheriff Compensation The salary of the County Sheriff shall be in accordance with ORC , as may be amended. Section Powers and Duties of the County Sheriff The County Sheriff shall have those powers and duties as responsible for keeping the peace in the departments, offices and agencies of County government under his or her jurisdiction and control, in accordance with general law.

20 Page 7 of11 Section 4.10 The Clerk of Courts The Clerk of Courts shall be court record keeping authority of the County. Section Election of Clerk of Courts The Clerk of Courts shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this charter, shall assume the position in accordance with this Charter. The Clerk of Courts candidates shall meet the requirements created by the county commissioners, provided that such requirements will at least meet those of general laws, and shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy. Section Clerk of Courts Compensation The salary of the Clerk of Courts shall be in accordance with ORC , as may be amended. Section Powers and Duties of the Clerk of Courts The Clerk of Courts shall have those powers and duties as responsible for keeping the court records in the departments, offices and agencies of County government under his or her jurisdiction and control, in accordance with general law. Section 4.11 County Absences and Vacancy In the event an elected office of the County is deemed vacant, leaving the remaining time of the term open ("Remainder") in accordance with the Ohio Revised Code, or for any other reason, the following shall occur When a vacancy occurs in a County Elected position, the replacement shall be chosen within thirty (30) days of the vacancy by the county political party committee members of the same political party as the person vacating the seat. If the county political party committee members fail to make the appointment, or if the person vacating the seat was not a member of a county political party, then the full County Commission has thirty (30) days to make a unanimous appointment. If the full commission fails to make an appointment, then a special election in accordance with general laws shall be held to elect the position Vacancy: Length of Appointment in all cases, if an appointment occurs in years 1 to 3 of a four ( 4) year term, the interim appointment is for a period until the next County-wide General Election at which time the position is filled for the remainder of the principal term. If an appointment occurs in the fourth year of a four ( 4) year term prior to the filing deadlines for the General Election, the interim appointment is for the remainder of the original term with the newly elected replacement at the next County-wide General Election to assume the position for the subsequent four (4) year term. If the appointment is after the filing deadlines for the General Election, then the appointment shall be for the remainder of the original term and until County -wide General Election in the first year of the subsequent four ( 4) year term. ARTICLE V-THE RIGHT OF LOCAL COMMUNITY SELF-GOVERNMENT Section 5.1 The right of local community self-government The right of local community self-government is an inalienable and inherent right. It derives from the principle that all political power is inherent in the people, is exercised by them for their benefit, and is subject to their control. The right is recognized and secured by the pre-revolutionary history of the United States, the American Declaration oflndependence, the Ohio state constitution's bills of rights, the United States Constitution, and this Charter. Because the right is inherent and inalienable, no government can define, diminish, or otherwise control it. It is not a "theoretical" right that can be said to have been honored in principle, such as by allowing voting for party candidates, or by allowing public comment. The right of local community self-government is a positive right of every natural person to engage in the local deliberative and decision-making process that creates enforceable outcomes. This right can only be exercised and not violated when people who choose to come together as a community exert their individual governing authority collectively and locally over activities and behaviors of private and public actors to protect their rights, natural ecosystems, safety, and community priorities and those of future generations. Section 5.2 Three components of the Right of Local Community Self-Government The right of local community selfgovernment includes three component rights - first, the right to a system of government within the local community that secures and protects the rights of every individual in the community and the rights of the community; second, the right to a system of government within the local community that is controlled by a majority of its inhabitants; and third, the right to alter or abolish the system of local government if it infringes those component rights. Section 5.3 The exercise of Local Community Self-Government The State of Ohio has created a variety of local governmental bodies, both incorporated and unincorporated, for administration of state policy, and for conduct of municipal affairs. State authorized powers of such local governments are distinct and apart from the people's right of local community self-government. The people's right is not dependent upon state delegation of powers, nor can the right be diminished or infringed by the state. This Charter is an enactment of the people of Meigs County, and the government it creates is not the result of state action. Local communities, when exercising the people's right of local community selfgovernment, are not subject to constraints on local lawmaking imposed by state and federal governments when local laws are enacted to secure and protect the people's civil, political, and community rights. Such inapplicable constraints include: preemption of local lawmaking by state and federal laws or international treaties, the conferral of constitutional rights onto corporations, when those "rights" compete with the rights of people and communities, and the doctrine that local governments can legislate only as authorized by state government.

21 Page 8of11 Section 5.4 Initiative, Referendum and Recall The right of initiative, referendum and recall is reserved to the people of the County on all matters the County may now or hereafter be authorized to control by legislative action and on all matters affecting the inalienable rights, the health, safety and quality of life of the people and nature in Meigs County. The provisions of the Ohio Constitution and general law relating to the process for the exercise of initiative, referendum, and recall powers in effect at the time of the adoption of this Charter shall govern the exercise of such right by the people in the County of Meigs, subject to these exceptions: ( 1) Proposed ordinances, referendum, and recall shall be submitted to the electors of the County upon petition signed by six percent (6%) of the electors of the County voting in the prior gubernatorial election. (2) Petitions by the people for the presentation of local laws, the rescinding of local laws or the recall of County officials shall not be subject to examination as to content, legality, constitutionality, applicability to the powers and authorities of counties, or single subject requirements. (3) The submission of ballot measures to the electorate shall be subject only to the examination of petitions as to their sufficiency regarding the number of valid signatures and timeliness of petition submission; all powers and authorities of the County Board of Elections, County Commissioners or other governmental body regarding such petitions shall be ministerial, mandatory, and devoid of pre-election governmental discretion on other matters. Section 5.5 Charter Amendment Proposed amendments to this Charter shall be submitted to the electors of the County by a vote of at least two-thirds of the members of the County Commission or upon petitions signed by eight percent (8%) of the electors of the County voting in the prior gubernatorial election. The provisions of the Ohio Constitution and general law relating to the process for the amending of home rule charters in effect at the time of the adoption of this Charter shall govern the exercise of such right by the people in the County of Meigs, but subject to the above provisions and these exceptions: (1) Petitions by the people for the presentation of charter amendments to the electorate of the County shall not be subject to examination as to content, legality, constitutionality, applicability to the powers and authorities of counties, or single subject requirements. (2) The submission of proposed charter amendments to the electorate shall be subject only to the examination of petitions as to their sufficiency regarding the number of valid signatures and timeliness of petition submission; all powers and authorities of the County Board of Elections, County Commissioners or other governmental body regarding such petitions shall be ministerial, mandatory, and devoid of pre-election governmental discretion. Section 5.6 Meetings of Governmental Bodies to be Public All meetings of the County Commission and any board, commission, agency or authority of Meigs County as well as any similar body created by this Charter or the County Commission shall be open to the public and a record kept, as provided by general law. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. Section 5.7 Records of Governmental Bodies to be Public Records of the County shall be open to the public. The public shall not be denied access to County records.. All record requests shall be provided in a timely manner and produced forthwith to the public under the penalties of the Ohio Sunshine Law. ARTICLE VI-GENERAL PROVISIONS Section 6.1 Effective Date of Charter The effective date of this Charter shall be January 1, All county officers retained at the time shall assume the powers and duties defined by this Charter and shall remain in office until the election or appointment of their successors in accordance with this Charter. The County Commissioners shall have authority to appoint personnel to positions vacated or not filled at the time this charter takes effect. Section 6.2 Oath of Office Members of the County Commission and all County elected office holders are hereby required to take an oath of office. The oath shall be administered by any person qualified as a notary and shall consist of a promise by the official to protect the rights of the people and nature in Meigs County and to enforce the Charter and laws of Meigs County. Section 6.3 Pending Matters All County claims, orders, contracts, and legal administrative proceedings shall continue except as modified pursuant to this Charter, and in each case shall be maintained, carried out, or dealt with by the County department, office, or agency as shall be appropriate under this Charter. Section 6.4 Laws in Force All County ordinances, resolutions, orders, regulations and other laws that are in force when this Charter becomes fully effective are repealed only to the extent that they are inconsistent or interfere with the effective operation of this Charter or laws enacted pursuant hereto. All laws relating to or affecting the County or its officers, agencies, departments, or employees that are in force when this Charter becomes fully effective are superseded to the extent that they are inconsistent or interf ere with the effective operation of this Charter or of laws enacted pursuant hereto. The authority and power to enforce county laws, protect rights established by this Charter, and prosecute offenders shall not be abridged. Section 6.5 Charter Review Process. Within one year of the adoption of this charter, the county commissioners shall convene a forum for public input and discussion of how the Charter government can be improved and if necessary, altered, to maximally serve the interests of county residents. Commissioners will also ensure that such public forums are repeated at regular intervals not longer than 5 years. The commissioners shall issue a report including a detailed summary of all issues raised at the forum as well as a full account of any and all measures they will take to address those issues. This report shall be issued and made available to the general public within 60 days of the date of the forum.