: ^^-]:147. STATE OF OHIO, EX REL. CARLETON S. FINKBEINER 2260 Townley Road Toledo, Ohio 43614, And. And. And IN THE SUPREME COURT OF OHIO.

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1 IN THE SUPREME COURT OF OHIO STATE OF OHIO, EX REL. CARLETON S. FINKBEINER 2260 Townley Road Toledo, Ohio 43614, : ^^-]:147 Relator, V. LUCAS COUNTY BOARD OF ELECTIONS : Original Action in Prohibition One Government Center, Suite 300 Toledo, Ohio 43604, And PATRICK KRINER, CHAIR Lucas County Board of Elections One Government Center, Suite 300 Toledo, Ohio And RITA CLARK Lucas County Board of Elections One Government Center, Suite 300 'foledo, Ohio And GARRICK JOHNSON Lucas County Board of Elections One Government Center, Suite 300 Toledo, Ohio And LYNN OLMAN Lucas County Board of Elections One Government Center, Suite 300 Toledo, Ohio 43604, Respondents.

2 COMPLAINT FOR A WRIT OF PROHIBITION John J. Kulewicz ( ) (Counsel of Record) William J. Pohlman ( ) Mary J. Henkel. ( ) Michael J. Hendershot ( ) Elizabeth A. Davis ( ) Vorys, Sater, Seymour and Pease LLP 52 East Gay Street P.O. Box 1008 Columbus, OH Telephone: (614) Facsimile: (614) jjkulewicz@vorys.com Julia R. Bates, Prosecuting Attorney ( ) John A. Borell, Sr., Assistant Prosecuting Attorney ( ) Lucas County Prosecuting Attorney's Office Lucas County Courthouse Adams and Erie Streets Toledo, OH Phone: (419) Attorneys for Respondents Fritz Byers ( ) Law Office of Fritz Byers 824 Spitzer Building 520 Madison Avenue Toledo, Ohio Telephone: (419) Facsimile: (419) fbyers@cisp.com Attorneys for Relator Carleton S. Finkbeiner

3 I. NATURE OF THE ACTION 1. This is an original action for a writ of prohibition. It seeks to prohibit respondent, the Lucas County Board of Elections, from placing on the November 2009 ballot a recall issue on the basis of a petition that does not comply with mandatory Ohio law. In particular, the Lucas County Board of Elections has failed to enforce the requirement of Ohio Revised Code Section (J) that "[a]ll declarations of candidacy, nominating petitions, or other petitions under this section shall be accompanied by the following statement in boldface capital letters: WI-IOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE." Based on a petition that unlawfully omitted this statutorily required warning, the Board has certified the issue of whether Mayor Carleton S. Finkbeiner shall be recalled for placement on the ballot of the next regular municipal election in Toledo, to be held on November 3, Mayor Finkbeiner asks that this Court prohibit the Board from ignoring state law and including the legally defective recall issue on the ballot. H. THE PARTIES 2. Relator Carleton S. Finkbeiner is the duly elected Mayor of the City of Toledo in Lucas County, Ohio. 3. Respondent Lucas County Board of Elections is the administrative body authorized to administer and enforce the provisions of Ohio Revised Code Chapter 3501 regarding election procedures in Lucas County, Ohio, including the City of Toledo. Respondents Patrick Kriner, Rita Clark, Garrick Johnson, and Lynn Olman serve as the members of the Lucas County Board of Elections, and are being sued in their official capacities.

4 III. NATURE OF ACTION AND JURISDICTION 4. Article IV, Section 2(B)(1)(d) of the Ohio Constitution vests this Court with original subject matter jurisdiction to issue a writ of prohibition to prevent further unauthorized acts of the Lucas County Board of Elections. IV. FACTS PERTINENT TO ENTITLEMENT TO RELIEF 5. Section of the Ohio Revised Code is the general law of the State that governs "[a]ll declarations of candidacy, nominating petitions, or other petitions presented to or filed with the secretary of state or a board of elections or with any other public office for the purpose of... the holding of an election on any issue[.]" It specifies who may sign such petitions and how they must sign. See R.C (A)-(I); see also R.C (A). Section (J) requires that "La,Lll declarations of candidacy, nominating petitions, or other petitions under this section shall be accompanied by the following statement in boldface capital letters: WHOEVER COMMITS ELECTION FALSIFICA'fION IS GUILTY OF A FELONY OF THE FIFTH DEGREE." (Emphasis supplied.) (Exhibit 1) A. Section (J) Applies to Recall Petitions under the Toledo Charter. 6. Section 1 I of the Toledo Charter provides that "[a]ll elections provided for by this Charter, whether for the choice of officers or the submission of questions to the voters, shall be conducted by the election authorities prescribed by general laws and the provisions of the general laws of the State shall apply to all such elections except as provision is otherwise made by this Chapter." (Emphasis supplied.) (Exhibit 2) 7. Section 92 of the Toledo Charter is entitled "Requirements of Petition." Included within Chapter VI, which governs "Initiative, Referendum and Recall," it prescribes the form and content of initiative, referendum and charter amendment petitions. But Section 92 2

5 makes no provision for the form or content of recall petitions. (Exhibit 2) On the contrary, seventy-five years ago, Toledo voters specifically removed from Section 92 the provisions that once prescribed the form and content of recall petitions. 1. Toledo Voters Repealed the Local Form-and-Content Requirements as to Recall Petitions in As adopted in 1914, Section 92 began as follows: "A petition for recall, or to initiate an ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this charter... [.]" (Emphasis supplied.) (Exhibit 3 at F) 9. Toledo voters amended Section 92 in the 1934 election, when they replaced the strong mayor system with a city-manager form of government. The 1934 amendments removed all recall provisions, including the listing of recall petitions ("for recall or") in the categories of petitions to which Section 92 would apply. (Exhibit 3 at G and H) 10. From the 1934 election forward, Section 92 has applied only to petitions "to initiate an ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this charter." Recall petitions, which were within the original scope of Section 92, no longer fall within its ambit. 11. In 1959, the voters of'i'oledo rejected a proposed Charter amendment that would have reinstated the form-and-content requirements as to recall petitions. (Exhibit 3 at I). 12. In 1992, along with restoring certain powers to the office of Mayor, Toledo voters adopted Sections 87A, 87B and 87C of the Toledo Charter, which specified the recall procedure. However, those amendments made no provision as to the form or content of a recall petition, except for the requirement that such petitions identify a five-member sponsoring committee and include, in a statement of two hundred words or less, the purported grounds for recall. (Exhibit 2) 3

6 2. State Law Governs Recall Petitions under the Toledo Charter. 13. The Toledo Charter does not "otherwise ma[k]e" provision for the form or content of recall petitions. State law as to the form and content of recall petitions thus is operative by virtue of the express provisions of Section 11 of the Toledo Charter. 14. In particular, because Section 11 of the Toledo Charter mandates that "the general laws of the State shall apply to all such elections except as provision is otherwise made by this Chapter," the form-and-content requirements of Ohio Revised Code Section (J) govern recall petitions in Toledo. See generally State ex rel. Ditmars v. McSweeney (2002), 94 Ohio St. 3d 472, 477 ("Municipal charters must be construed to give effect to all separate provisions.") (Emphasis supplied.) B. The Clerk of Toledo City Council Issues a Defective Recall Petition. 15. Section 93 of the Toledo Charter provides that "[p]etition papers circulated with respect to any proposition shall be uniform in character and form. The Clerk shall determine and keep on file forms of blanks to be used in the several instances of petition, and all petition papers shall conform to such forms respectively." (Exhibit 2) 16. In the Autumn of 2008, on information and belief, a representative of a group known as Take Back Toledo asked Gerald E. Dendinger, Clerk of the Toledo City Council, for a recall petition. 17. Mr. Dendinger did not consult the Law Department of the City of Toledo with respect to the form or content of the recall petition. 18. Instead, on or about November 13, 2008, Mr. Dendinger sent the Take Back Toledo group a form for a recall petition. (Exhibit 4) 4

7 19. The recall petition that Mr. Dendinger sent did not include the electionfalsification language mandated by state law. Rather than include the statutorily prescribed boldface statement in capital letters that "WI-IOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE," the petition included, in ordinary type, a reminder only that the signer could be "liable to prosecution" for false statements. 20. Section (J) of the Ohio Revised Code does not permit "merely substantial compliance," but instead "require[s] strict compliance" with its provisions. State ex rel. Vickers v. Summit Cty. Council (2002), 97 Ohio St.3d 204, 209. In State ex rel. Griffin v. Krumholtz ( 1982), 70 Ohio St.2d 125, , the Court deemed invalid a referendum petition that used the same "liable to prosecution" language that was used in the petition at issue in this case. 21. Adam W. Loukx, Acting Law Director of the City of Toledo, has testified that, if Mr. Dendinger had asked him, he would have advised Mr. Dendinger that it was necessary under the Toledo Charter to include the Section (J) warning against election falsification on the face of the recall petition. C. The Clerk Certifies the Defective Petition. 22. On Apri19, 2009, the group known as Take Back Toledo delivered partpetitions "for the recall of Carleton S. Finkbeiner who holds the office of Mayor" to Mr. Dendinger in his capacity as Clerk of the Toledo City Council. A copy of a part petition is attached as Exhibit 5. 5

8 23. Section 87A of the Toledo Charter confers upon the Clerk of the Toledo City Council the responsibility to determine within ten days the sufficiency of a recall petition. (Exhibit 2) 24. Mr. Dendinger sent the part petitions to the Lucas County Board of Elections for review of the purported signatures. 25. The Lucas County Board of Elections reviewed the signatures on the part petitions. 26. The Board made its report as to the signatures to Mr. Dendinger on Friday, April 17, "The petitions examined contained 39,994 signatures," the Board advised. "[O]f those signatures," said the Board in its report, "20,444 were found to be valid signatures and 18,899 were found to be invalid." (Exhibit 3 at B) 27. The Board determined that at least two of the alleged signers were deceased. Other reasons for invalidation included 702 signatures that were not genuine, 7,066 signatures of persons who were not registered to vote, 6,414 signatures of persons who were not registered at the listed street address, 3,099 duplicate signatures, 438 signatures with no address, 52 signatures with no date, 11 signatures with bad dates, 89 illegible signatures and addresses, 1015 signatures of persons who did not live in Toledo, and 13 signatures that were invalid for other reasons. (Id.) 28. In the meantime Mr. Dendinger received notice that the recall petition lacked the statutorily required warning that election falsification is a fifth-degree felony. A local elector informed Mr. Dendinger by of the omission. (Exhibit 3 at C) 6

9 29. Apparently unaware of the pertinent history of the Toledo Charter, Mr. Dendinger mistakenly concluded that "the petitions are not insufficient due to lack of Ohio R.C (J) language." (Exhibit 3 at D) 30. The Board of Elections gave Mayor Finkbeiner a copy of the part petitions on Friday, April 17, 2009, in response to his request. Upon independent review of the part petitions by his legal counsel over the ensuing weekend, Mayor Finkbeiner found that 2,530 additional signatures, together with the 18,899 identified by the Board, were false or otherwise invalid. D. The Clerk Refuses to Consider Mayor Finkbeiner's Proof That the Petition Is Defective. 31. On Monday, Apri120, 2009, Mayor Finkbeiner attempted to present his challenge to the recall petition to Mr. Dendinger before Mr. Dendinger made his certification decision. The basis of the challenge was the lack of sufficient lawful signatures due to omission of the statutorily prescribed warning that election falsification is a fifth-degree felony and objections to the validity of 2,530 putative signatures in addition to the 18,899 signatures that the Board of Elections itself had reported as invalid. A true and correct copy of the letter (without attachments) is attached as Exhibit 3 at K. 32. Mr. Dendinger declined to consider the Mayor's challenge. He instead certified the sufficiency of the recall petition and asked that the Lucas County Board of Elections "fix a day for holding the recall election at the next regular municipal election, November 3, 2009." (Exhibit 3 at E) 33. On Apri128, 2009, Mayor Finkbeiner filed an R.C administrative appeal from the decision of the Clerk in the Lucas County Court of Common Pleas. That action, entitled Finkbeiner v. Dendinger, remains pending as Case Number CI , 7

10 34. As of the date of filing this Complaint, however, Mr. Dendinger has ignored his obligation under R.C to file the administrative record with the Common Pleas Court within forty days of the filing of the appeal, and has filed a motion to dismiss, which is still pending. These dilatory actions preclude a remedy in the ordinary course of law prior to the time at which the next regular municipal election will take place (including the printing of absentee ballots). E. Mayor Finkbeiner Protests to the Lucas County Board of Elections. 35. On April 28, 2009, Mayor Finkbeiner also filed a Notice of Protest with the Lucas County Board of Elections pursuant to R.C (A), in which he challenged the petition on the grounds that it was invalid on its face and lacked sufficient signatures. Copies of the Notice of Protest and Supplemental Protest Memorandum are attached as Exhibits 3 and The Lucas County Board of Elections held a quasi-judicial hearing to consider the Protest on May 29, 2009, and continuing on June 9, The Board stated at the outset that the hearing would be a quasi-judicial hearing, heard sworn testimony from a witness who was subject to cross-examination, entertained opening statements and closing arguments, reviewed exhibits and considered briefs from Mayor Finkbeiner and the Take Back Toledo group. 37. Mayor Finkbeiner presented evidence that the petition lacked the election falsification warning strictly required by R.C (J); that the Clerk had certified the validity of the petition without affording Mayor Finkbeiner the opportunity to present deficiencies in the petition and without obtaining the advice of the City's Law Director that the petition lacked the mandatory election-falsification warning; that over half of the signatures on the petition contained defects, such as unregistered circulators, unregistered voters and forged signatures; 8

11 and that the Clerk's mistaken use of a defective form of petition did not excuse the petition circulators from compliance with Ohio election law. F. The Lucas County Board of Elections Rejects the Protest. 38. Despite that evidence, and contrary to Ohio law, on June 9, 2009, the Lucas County Board of Elections certified the recall petition for placement on the ballot at the next regular municipal election, on November 3, The Board announced its decision through its individual members on June 9, (Exhibit 7) 40. Board Chair Patrick Kriner said in pertinent part that "as it relates to this Charter and the falsification statement, it's the opinion of the Board of Elections that in this case that the Charter prevails based on information we received in Section 87 A, 93 and 94 and it's our opinion the Charter does not require the falsification statement to be used on the petitions." (Id.) 41. Board Member Gary Johnson said in pertinent part that "I would like to add that with regards to the falsification, it wasn't an easy decision, simply because the um particulars in this particular case can, the merits of this case can be argued in both directions and that is because the particular petition that the City of'foledo issued did not make itself very clear, so I would hope that the City of Toledo would be willing to take a look at the petitions and make them clearer because I do feel the petitioners did what they were supposed to do, but here again we have a situation where the clarity was just not very well, but unfortunately, the Charter does prevail and so I would go along with that." (Id.) 42. Board Member Lynn Olman said in pertinent part that "basically it says in the, in the, in the Charter that the petitions shall conform to whatever the clerk says it will. So if 9

12 you don't conform to that you go out and, and create a petition that is more compliant with the Ohio Revised Code, with the appropriate warning, the clerk of council doesn't have to accept those so you can't win either way. And a, and when, when you can't win either way I think we pretty much have to say that the Char...that there's a conflict in the Charter is going to prevail in this situation. At least, that's the way I made my determination. I would also confer [sic] with Gary, I think it's very important for the Law Director of the City of Toledo and the clerk to get together, a, to clean up their petition as it relates to recall and all other petitions. They may want to take this as an opportunity to make sure all of their petitions are compliant with the law." (Id.) G. A Writ of Prohibition Is Necessary to Vindicate State Law. 43. The Lucas County Board of Elections manifested a clear disregard of statutes and applicable legal principles and acted without authority of state law and the Toledo Charter by failing to reject the petition on the ground that the petition omitted the statutorily prescribed warning that election falsification is a fifth-degree felony, and by setting a date for the recall election. 44. Moreover, especially in view of the developments that have led to the current wording of Section 92 of the Toledo Charter, the Board of Elections manifested a clear disregard of the I-Iome Rule provision of the Ohio Constitution, Art. XVIII, Ohio Const., and acted without authority under state law or the Toledo Charter, by precluding the application of Ohio Revised Code Section (J) to the recall petition in the absence of any contrary local self-government provision. 45. It is a "settled rule... that election laws are mandatory and require strict compliance and that substantial compliance is acceptable only when an election provision 10

13 expressly states that it is." State ex rel. Vickers v. Summit Cty. Council, 97 Ohio St.3d 204, 2002-Ohio-5583, at The recall petition failed to meet the strict requirement of R.C (J) that all petitions contain the language that "WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE," and accordingly the Lucas County Board of Elections was required to reject the invalid recall petition. See R.C (requiring members of the boards of elections to take an oath that they will "enforce the election laws"); R.C (requiring the boards of elections to "[r]eview, examine, and certify the sufficiency and validity of petitions and nomination papers"). 47. The Lucas County Board of Elections made an unauthorized departure from the law established by this Court's precedents when it accounted for its decision, in part, by finding that the lack of an election-falsification warning could be excused because the Clerk had supplied the circulators with the defective petition. 48. Petition circulators' reliance on election officials' erroneous forms or advice in no way precludes those charged with responsibility for enforcement of the law from requiring conformity with the law, as is their obligation. See, e.g., State ex rel. Steele v. Morrissey, 103 Ohio St.3d 355, 2004-Ohio-4960, at (per curiam) (petition supporters' reliance on forms supplied by the board of elections and oral advice did not salvage a defective initiative petition); State, ex rel. Shaw v. Lynch (1991), 62 Ohio St.3d 174, 176 (per curiam) (city official could not be precluded from asserting the invalidity of referendum petitions, despite offering misleading advice); State, ex rel. Van De Kerkhof' f v. Dowling (1991), 61 Ohio St.3d 55, 59 (fact that city officials had supplied the original noncompliant form did not prevent the city from asserting absence of circulator affidavits); State, ex rel. Humble v. Brown (1977), 52 Ohio 11

14 St.2d 9 (election board's supplying an incorrect form did not excuse the petition proponent from strict compliance). 49. The Lucas County Board of Elections has exercised its quasi-judicial authority by declaring its intention to place the recall issue on the ballot at the general election to be held on November 3, The intended exercise of the Lucas County Board of Elections' power to hold the recall election manifests a clear disregard of applicable law, is unauthorized by law, and injures Mayor Finkbeiner by depriving him of the right and responsibility to complete the term of office to which the voters have duly elected him unless recalled in an election held pursuant to, among other material requirements and prerequisites, a recall petition that complies with applicable state and local law. 51. Mayor Finkbeiner has no adequate remedy in the ordinary course of law and relief cannot otherwise be obtained except through issuance of a writ of prohibition. See State, ex rel. Shunaate v. Portage Cly. Bd. ofelections ( 1992), 64 Ohio St. 3d 12, Mayor Finkbeiner has filed this Complaint promptly upon receipt of the partial transcript of the protest hearing at the Lucas County Board of Elections, and will supplement his Complaint by filing the rest of the transcript upon its delivery to his counsel. 53. Because the election is now set for November 3, 2009, Mayor Finkbeiner requests an expedited briefing schedule pursuant to S. Ct. Prac. R. X, Section 6. PRAYER FOR RELIEF WHEREFORE, Mayor Finkbeiner respectfully requests that this Court issue a Writ of Prohibition or, in the alternative, an alternative writ against the Lucas County Board of 12

15 Elections, prohibiting the Lucas County Board of Elections from including the recall issue on the ballot of the general election to be held on November 3, 2009, in the City of Toledo, Ohio. Respectfully submitted, VORYS, SATER, SEYMOUR AND PEASE LLP By William J. Pohlman ( ) Mary J. Henkel ( ) Michael J. Hendershot ( ) Elizabeth A. Davis ( ) 52 East Gay Street P.O. Box 1008 Columbus, OH Telephone: (614) Facsimile: (614) LAW OFFICES OF FRITZ BYERS *a ^5 p, By z'ib y e r s 824 Spitzer Building 520 Madison Avenue Toledo, Ohio Telephone: (419) Facsimile: (419) fbyers@cisp.com Attorneys for Relator Carleton S. Finkbeiner 13

16 AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN : ss: : Pursuant to Supreme Court Practice Rule X, Section 4(B), John J. Kulewicz, counsel for Relator, Mayor Carleton S. Finkbeiner, being duly cautioned and sworn, and competent to testify to the matters set forth in this Affidavit, deposes and says that the statements contained in the foregoing Complaint for Writ of Prohibition, which are incorporated by reference as if completely rewritten in this Affidavit, are true to the best of his personal knowledge, information and belief. Sworn to before me and subscribed in my presence on June _, Notary Pu ic ^.(.`., CAROLYN G. WILLIAh Notary Public; State of Ohi My Commission Expires August 31,

17 PRAECIPE TO: CLERK OF COURT SUPREME COURT OF OHIO: You are requested to issue a Sununons directed to each of the Respondents at their addresses listed below, and to cause it to be served in accordance with the Ohio Rules of Civil Procedure with a copy of the complaint and the accompanying Affidavit, return receipt requested: LUCAS COUNTY BOARD OF ELECTIONS One Government Center, Suite 300 Toledo, Ohio RITA CLARK Lucas County Board of Elections One Government Center, Suite 300 Toledo, Ohio PATRICK KRINER, CHAIR Lucas County Board of Elections One Government Center, Suite 300 Toledo, Ohio GARRICK JOHNSON Lucas County Board of Elections One Govemment Center, Suite 300 Toledo, Ohio LYNN OLMAN Lucas County Board of Elections One Government Center, Suite 300 Toledo, Ohio Respectfully submitted, VORYS, SATER, SEYMOUR AND PEASE LLP By Jo10 J. Kulewicz (000$376) (Counsel of Record) 52 East Gay Street P.O. Box 1008 Columbus, OH Telephone: (614) Facsimile: (614) Attorneys for Relator Carleton S. Finkbeiner 15 06/23/2009 Columbus

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19 Lawriter - ORC General rules for petitions and declarations of candidacy. Page 1 ot L General rules for petitions and declarations of candidacy. All declarations of candidacy, nominating petitions, or other petitions presented to or filed with the secretary of state or a board of elections or with any other public office for the purpose of becoming a candidate for any nomination or office or for the holding of an election on any Issue shall, in addition to meeting the other specific requirements prescribed in the sections of the Revised Code relating to them, be governed by the following rules: (A) Only electors qualified to vote on the candidacy or issue which Is the subject of the petition shall sign a petition. Each signer shall be a registered elector pursuant to section of the Revised Code. The facts of qualification shall be determined as of the date when the petition is filed. (B) Signatures shall be affixed in ink. Each signer may also print the signer's name, so as to clearly identify the signer's signature. (C) Each signer shall place on the petition after the signer's name the date of signing and the location of the signer's voting residence, including the street and number if In a municipal corporation or the rural route number, post office address, or township if outside a municipal corporation. The voting address given on the petition shall be the address appearing in the registration records at the board of elections. (D) Except as otherwise provided in section of the Revised Code, no person shall write any name other than the person's own on any petition. Except as otherwise provided In section of the Revised Code, no person may authorize another to sign for the person. If a petition contains the signature of an elector two or more times, only the first signature shall be counted. (E)(1) On each petition paper, the circulator shall indicate the number of signatures contained on it, and shall sign a statement made under penalty of election falsification that the circulator witnessed the affixing of every signature, that all signers were to the best of the circulator's knowledge and belief qualified to sign, and that every signature is to the best of the clrculator's 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. On the circulator's statement for a declaration of candidacy or nominating petition for a person seeking to become a statewide candidate or for a statewide initiative or a statewide referendum petition, the circulator shall Identify the circulator's name, the address of the circulator's permanent residence, and the name and address of the person employing the circulator to circulate the petition, if any. (2) As used in division (E) of this section, "statewide candidate" means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, or attorney general. (F) Except as otherwise provided in section of the Revised Code, if a circulator knowingly permits an unqualified person to sign a petition paper or permits a person to write a name other than the person's own on a petition paper, that petition paper is invalid; otherwise, the signature of a person not qualified to sign shall be rejected but shall not invalidate the other valid signatures on the 06/22/2009

20 Lawriter - ORC General rules for petitions and declarations of candidacy. Page 2 ot 2 paper. (G) The circulator of a petition may, before flling it in a public office, strike from it any signature the circulator does not wish to present as a part of the petition. (H) Any signer of a petition or an attorney in fact acting pursuant to section of the Revised Code on behalf of a signer may remove the signer's signature from that petition at any time before the petition is filed in a public office by striking the signer's name from the petition; no signature may be removed after the petition is filed in any public office. (I)(1) No alterations, corrections, or additions may be made to a petition after it is filed in a public office. (2)(a) No declaration of candidacy, nominating petition, or other petition for the purpose of becoming a candidate may be withdrawn after it is filed in a public office. Nothing in this division prohibits a person from withdrawing as a candidate as otherwise provided by law. (b) No petition presented to or filed with the secretary of state, a board of elections, or any other public office for the purpose of the holding of an election on any question or issue may be resubmitted after it is withdrawn from a public office. Nothing in this division prevents a question or issue petition from being withdrawn by the filing of a written notice of the withdrawal by a majority of the members of the petitioning committee with the same public office with which the petition was filed prior to the sixtieth day before the election at which the question or issue is scheduled to appear on the ballot. (3) All declarations of candidacy, nominating petitions, or other petitions under this section shall be accompanied by the following statement in boldface capital letters: WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. (K) All separate petition papers shall be filed at the same time, as one instrument. (L) If a board of elections distributes for use a petition form for a declaration of candidacy, nominating petition, or any type of question or issue petition that does not satisfy the requirements of law as of the date of that distribution, the board shall not invalidate the petition on the basis that the petition form does not satisfy the requirements of law, if the petition otherwise is valid. Division (L) of this section applies only if the candidate received the petition from the board within nlnety days of when the petltlon is required to be filed. Effective Date: 2002 HB ; ; ; ; /22/2009

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22 Page 1 of 6 CHARTER OF THE CITY OF TOLEDO, OHIO CHAPTER III. NOMINATIONS AND ELECTIONS. Toledo Municipal Code CHAPTER III. NOMINATIONS AND ELECTIONS. Section 11. Election authorities - City election date. All elections provided for by this Charter, whether for the choice of officers or the submission of questions to the voters, shall be conducted by the election authorities prescribed by general laws and the provisions of the general laws of the State shall apply to all such elections except as provision is otherwise made by this Charter. A regular general election for the choice of Mayor and members of the Council as hereinafter provided, shall be held on the first Tuesday after the first Monday in November in odd-numbered years. (Amended by electors ) Section 12. Non-partisan primary. Candidates for Mayor and for Council to be voted for at the regular City election under the provisions of this Charter shall be nominated at a non-partisan primary election to be held on the second Tuesday after the first Monday in September of 1967 and thereafter on the second Tuesday after the first Monday in September in such odd-numbered years as hereinafter provided. (Amended by electors ; ) Section 13. Nominating petitions. The name of any elector of the City shall be placed upon the primary election ballot for nomination as a candidate for Mayor when there shall have been filed with the election authorities a petition signed by not less than seven hundred fifty (750) nor more than fifteen hundred (1500) electors of the City, and for City Council running at-large when there shall have been filed with the election authorities a petition signed by not less than two hundred fifty (250) nor more than five hundred (500) electors of the City, and for City Council running in a district when there shall have been filed with the election authorities a petition signed by not less than fifty (50) nor more than one hundred (100) electors, the form of said petitions to be substantially as follows: We, the undersigned, hereby present whose residence is Toledo, Ohio, as a candidate for _to be voted for at the primary election to be held on the _day of 19_and we individually certify that we are qualified to vote for candidate(s) for Name Street & No. Ward-Precinct com/nxt/gateway.dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

23 Page 2 of 6 State of Ohio, Lucas County, ss: being first duly sworn, deposes and says that he or she is the circulator of this petition paper and that the signatures appended thereto were made in his or her presence, and are genuine signatures of the persons they purport to be. Signed Subscribed and sworn to before me this _day of 19. Notary Public (Amended by electors ) Section 14. Requirements of petition - how signed - filing date - notification - acceptance. Signatures to nominating petitions need not be appended to one paper, but to each separate paper there shall be attached an affidavit of the circulator thereof, stating that each signature thereto was made in his or her presence and is the genuine signature of the person whose name it purports to be. Each signer of a petition shall sign his or her name in ink or indelible pencil and, after his or her name, shall designate his or her address by street and number or other description sufficient to identify the place. All separate papers comprising a nominating petition shall be assembled and filed with the election authorities as one instrument at least sixty (60) days prior to the date of holding the primary election with respect to which such petition is filed. Within ten (10) days after the filing of such nominating petition the election authorities shall notify the person therein as a candidate whether the petition is found to satisfy all the prescribed conditions. Any eligible person placed in nomination as hereinabove provided shall have his or her name printed on the ballots for the primary election if, within five (5) days after such notification, he or she shall have filed with the election authorities a written acceptance of nomination. (Amended by electors ) Section 15. Selection of Candidates for Mayor and for Council. The number of candidates at the regular City election shall be the two (2) candidates for the office of Mayor receiving the highest number of votes in the primary election; for the office of member of Council at-large shall be twice the number to be elected who receive the highest number of votes in the primary election; and in addition to the foregoing, commencing with the primary election in 1993, candidates for Council from a district shall be the two (2) candidates receiving the highest number of votes witlrin the district. In case there shall not be more than two (2) lawful candidates for Mayor, or not more than twice the number of lawful candidates for the office of member of Council, or not more than two (2) lawful candidates for member of Council from a district, to be elected at the regular City amlegal. com/nxt/gateway. dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

24 Page 3 of 6 election, then in any or all such cases the full number of candidates for Mayor or for Council at such primary election shall be the candidates at the regular City election. (Amended by electors ) Section 15A. Elections to Fill Vacancies. If there is a vacancy in the office of Mayor, or member of Council, from a district or at-large, the vacancy shall be filled first by appointment or succession to the office as specified in this Charter and filled for the unexpired tenn at an election for that purpose as specified below. If there is a vacancy in the office of Mayor or Member of Council at-large, an election for the unexpired term shall be held at the next general election occurring more than ninety (90) days after the date of the vacancy. Persons desiring to become candidates for the office shall file nominating petitions as provided in this Charter with the election authorities not later than the sixtieth day before the said election. If the vacancy occurs in the year that the election for that office is already scheduled, then the person appointed shall serve until a successor is elected and qualified. If there is a vacancy in the office of a member of Council from a district, the vacancy shall be filled at the next primary or general election occurring more than forty-five (45) but less than one hundred eighty (180) days after the date the vacancy occurred, but if no primary or general election is scheduled during that time period, then the vacancy shall be filled at a special election on the next available special election date as specified in state law occurring more than forty-five (45) days after the vacancy occurred. Each person desiring to become a candidate to fill the unexpired term shall file nominating petitions with the election authorities as provided in this Charter not later than the tenth day following the date on which the vacancy occurred, or on the fortieth day before the date of the election, which is later, provided that when the vacancy occurs fewer than six (6) days before the fortieth day before the election, the deadline for filing shall be the thirty-sixth day before that election. In the event application of the foregoing paragraph would result in holding an election to fill an unexpired term on the same date as a regularly scheduled primary or general municipal election held to nominate or elect an individual to serve for the next succeeding term, or within sixty (60) days prior thereto, then there shall be no election for the unexpired term and instead the appointee shall serve until the new officer is elected and qualified for the next succeeding term. (Amended by electors ) Section 16. No party designation on ballot. No ballot used at any City election shall have printed thereon any party or political designation, emblem or mark of any kind or character, and there shall not be appended to the name of any candidate any such party or political designation or mark or anything showing how the candidate is nominated, or indicating the candidate's views or opinions on any matter. (Amended by electors ) Section 17. Marking ballots - voting for candidates not regularly nominated. amlegal. com/nxt/gateway. dl]/ohio/tol edo/charterofthecityoftoledoohio/chapt... 06/22/2009

25 Page 4 of 6 In order to vote for a candidate or candidates at any primary or regular City election, the voter shall, after entering the voting booth, place a cross (X) in the square before each candidate's name for whom the voter wishes to vote, but in no case shall an elector vote for more than one candidate for Mayor and for more than the number of candidates to be elected for Council as hereinafter provided. A blank space shall be left on the ballots below the printed names of the candidates for Mayor and for Council. In such space an elector may write, stamp or place the name of any person eligible for such office and vote for the person by placing a cross (X) before his or her name to indicate a choice. Any person so voted for shall be considered a candidate in the counting of ballots just as if he or she had been regularly nominated, but in no case shall an elector vote for more than one candidate for Mayor and for more than the number of candidates to be elected for Council as hereinafter provided. (Amended by electors ) Section 18. Rotation of names. The name of candidates for Mayor and for Council shall be printed on the ballots at both primary and regular City elections in rotation as follows: The ballots shall be printed in as many series as there are candidates for the office for which there is the greatest number of candidates. The whole number of ballots to be printed shall be divided by the number of series and the quotient so obtained shall be the number of ballots printed in each series. In printing the first series of ballots the names of the candidates shall be arranged in the alphabetical order of their surnames. After printing the first series, the first name shall be placed last and the next series printed and this process shall be repeated until each name shall have been printed first in one series. The ballots so printed shall be combined in tablets to be supplied to the various voting places. Each tablet shall, contain substantially the same number of ballots from each series, and so far as is practicable, the ballots shall be combined in such manner that two or more from the same series shall not be together in a tablet. The ward and precinct shall be designated on the face of the ballot. (Amended by electors ) Section 19. Counting of ballots - use of mechanical devices. In all primary and regular City elections for the office of Mayor and of members of Council the provisions of the statutes of the State of Ohio with reference to the counting of ballots cast in primary and general elections shall apply. In all primary and regular City elections for the office of Mayor and of Council the election authorities are empowered to utilize voting machines orother mechanical devices. Requirements of Section 18 of this Charter may be modified to the extent made necessary by such mechanical devices. (Amended by electors ) Section 20. Who to be declared elected. The candidates for the office of Mayor receiving the largest number of votes at the regular City election and the number of candidates for the office of member of Council, as provided in this Charter, amlegal. com/nxt/gateway.dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

26 Page 5 of 6 receiving the largest number of votes at such regular City election shall be declared elected. The Mayor elected at the 1993 regular city election and thereafter shall be elected for a term of four (4) years commencing on the first business day of January next after such election, and shall serve until a successor is elected and qualified. The at-large members of Council elected at the 2001 regular City election and thereafter shall be elected for a term of four (4) years commencing on the first business day of January next after such election and shall serve until their successors are elected and qualified. The district members of Council elected at the 2001 Regular City election shall be elected for a term of two (2) years commencing on the first business day of January next after the 2001 regular City election and shall serve until their successors are elected and qualified. At the 2003 regular City election and thereafter, the district members of Council shall be elected for a term of four (4) years commencing on the first business day of January next after such election and shall serve until their successors are elected and qualified. (Amended by electors ) Section 21. Recount of votes. A recount of votes may be had by any candidate for Mayor and for Council in the manner prescribed by the statutes of the State of Ohio for recount of the results of any primary or general election. (Amended by electors ) Section 22. Preservation of ballots. The ballots cast at each election shall be preserved by the election authorities for examination and recount in the manner provided by the Revised Code of Ohio for ballots in municipal elections. (Amended by electors ) Section 23. Deciding a tie vote. A tie between two or more candidates shall be determined by lot under the direction of the election authorities. (Amended by electors ) Section 24. Witnesses, challenges, and inspectors. At each municipal election each candidate for mayor and any three (3) or more candidates for Council who shall file a written application with the election authorities at least ten (10) days before said election, shall be entitled to exercise all the rights now or hereafter granted by the election laws to a political party in regard to the appointment of witnesses, challengers and inspectors of election at the polling booths. In addition to such rights each candidate for Mayor and such group of three (3) or more candidates com/nxt/gateway.dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

27 Page 6 of 6 for Council shall be entitled to appoint two (2) witnesses to the count in the central counting place. Application for the appointment of such witnesses to the count must be made in writing to the election authorities at least ten (10) days before the election. Credentials shall be issued by the election authorities to such witnesses to the count, which shall grant such witnesses full power and authority to move anywhere within the central counting quarters, to inspect all activities of the count and to exercise all rights and powers conferred on witnesses and inspectors of election under the election laws. (Amended by electors ) Section 25. Mode of nomination and election for certain officers. The mode of nomination and election for Clerk of Municipal Court and any and all other elective officers (except for Mayor and members of Council) that are or may hereafter be provided for by statute or otherwise for the purpose of carrying on the functions of the government of the City of Toledo, or duties incident thereto, shall be in the manner provided by statute for the nomination and election of judges of the Municipal Court of the City of Toledo. (Amended by electors ) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legai Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at American Legal Publishing Corporation techsupport@_amlegal.com /22/2009

28 Page 1 of 7 CHARTER OF THE CITY OF TOLEDO, OHIO CHAPTER VI. INITIATIVE, REFERENDUM AND RECALL Toledo Municipal Code CHAPTER VI. INITIATIVE, REFERENDUM AND RECALL Section 75. Ordinances may be initiated. Any proposed ordinance may be submitted to the Council by petition filed with the Clerk and signed by electors of the City equal in number to twelve percent (12%) of the total number of votes cast for all candidates for Mayor at the most recent general municipal election at which the Mayor was elected. (Amended by electors ) Section 76. Duty of Council when petition sufficient. If the certificate of the Clerk shows the petition to be sufficient, the Clerk shall submit the proposed ordinance to the Council at its next regular meeting. The Council shall at once proceed to consider the same and shall take final action thereon, within thirty days from the date of the submission thereof If the Council fails to adopt such proposed ordinance it shall be submitted to the vote of the electors in the same manner as for an ordinance upon which a referendum vote is demanded. (Amended by electors ) Section 77. Proceedings for referendum when Council amends. If the Council passes the proposed ordinance with amendment substantially changing its tenor or effect, the ordinance in its original form shall be submitted to a vote as in the case of failure to pass in any form, provided that the proponents thereof secure and cause to be filed with the Clerk, within fifteen days after final action by the Council, an additional petition for the adoption thereof signed by electors of the City equal in number to at least one percent of the total number of ballots cast for Members of Council at the preceding municipal election; provided that no elector having signed the original petition or for such ordinance shall be eligible to sign the additional petition, and no signatures made or petition paper signed before action by the Council on the original petition shall be valid for the additional petition. If the ordinance as originally proposed is adopted by the electors, the amended ordinance as passed by the Council, shall be without effect, and in any case the operation of such amended ordinance shall be suspended until a referendum is possible to be had. (Amended by electors ) Section 78. Ordinance to repeal may be initiated. Proposed ordinances for repealing any existing ordinance in whole or in part may be submitted to the com/nxt/gateway.dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

29 Page 2 of 7 Council as provided in the preceding sections for initiating ordinances. Section 79. Compulsory referendum of certain measures - franchises. No ordinance or resolution for a public improvement requiring or authorizing the expenditure of more than fifteen percent (15%) of the average gross annual current operating expenditures by the City for the five (5) fiscal years immediately preceding, or for the granting of a general public utility franchise, shall be effective until the same shall be approved by a majority vote of the electors voting thereon; provided, however, no convention center, exhibit hall, sports arena, or municipal theater, other than a sports arena located in the City's Marina District, being the area bounded by the Maumee River, Interstate Highway 280, Front Street and Main Street, shall be constructed, acquired, or leased unless the ordinance or resolution authorizing construction bidding, acquisition, or leasing shall have been approved by a majority vote of the electors voting thereon, whether or not such ordinance or resolution requires or authorizes the expenditure of more or less than fifteen percent (15%) of the average gross annual current operating expenditures by the City for the five (5) fiscal years immediately preceding. A general public utility is one in which all the people of the City may have an interest. (Amended by electors ) Section 80. Duty of Clerk to request election thereon. Within five days after the passage of an ordinance or resolution within the provisions of the preceding section, the Clerk of the Council shall request the election authorities to call a special election to be held not less than thirty nor more than fifty days after the passage of such ordinance or resolution. Section 81. Referendum on Petition. Every ordinance shall be subject to the referendum if at any time within thirty (30)days after its adoption a petition signed by electors of the City equal in number to at least twelve percent (12%) of the total number of votes cast for all candidates for Mayor at the most recent general election at which the Mayor was elected be filed with the Clerk requesting that such ordinance be submitted to the people for consideration. (Amended by electors ) Section 82. Ballots on referendum. The ballots used in voting upon any measure submitted to the electors for approval shall contain the title and subject thereof, which may be stated in the title, and undemeath the two propositions, "For the ordinance (resolution or amendment)" and "Against the ordinance (resolution or amendment)." Immediately at the left of each proposition there shall be a square in which by making a cross (X) the voter may vote for or against the proposition. (Amended by electors ) http: //www. amlegal. com/nxt/gateway. dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

30 Page 3 ot 7 Section 83. Elections on Referendum and Initiative Petitions. Elections as to initiative and referendum petitions shall be held at the next regular general or primary election occurring not less than seventy-five (75) days after the Clerk certifies the issue to the election authorities. (Amended by electors ) Section 84. Effect of approving vote. If a majority of the votes cast be in favor of a measure submitted to referendum, the same shall thereupon become adopted as if it had been passed by Council; or in case of an amendment to the Charter, it shall become of full force as a part thereof. Section 85. Emergency measures subject to referendum. An emergency measure shall be subject to a referendum as other ordinances or resolutions. If, upon a referendum, it be not approved, it shall stand repealed, but any expense incurred in accordance with the provisions thereof and before the disapproval by referendum shall be paid under the authority thereof as if the measure were still effective. Until repealed upon referendum it shall continue effective. Section 86. Power of the Council to amend or repeal. After the people have legislated for themselves, either by initiating legislation or passing favorably or unfavorably upon legislation referred to them by any body, their action is final and shall not be subject to amendment or repeal, without a general vote of the people of Toledo on same. (Amended by electors ) Section 87. Recall of officer by petition. (Repealed by electors ) Section 87A. Removal of Officer by Recall Petition. Any elected officer provided for in this Charter may be removed from office by the electors by the following procedure: A petition for the recall of the elected officer containing a statement in not more than two hundred (200) words of the grounds for the recall may be circulated once in any calendar year within a circulation period not to exceed ninety (90) days, and may be filed with the Clerk of Council. Such petition to be sufficient shall be signed by at least that number of electors which equals twenty-five amlegal. com/nxt/gateway.dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

31 Page4ot7 percent (25%) of the electors voting at the last regular City election for that office. Within ten (10) days after the day on which such petition shall have been filed, the Clerk shall determine whether or not it meets the requirements hereof. If the Clerk shall find the petition insufficient, the Clerk shall promptly certify the particulars in which the petition is defective, deliver a copy of the certificate to the person who filed the petition, and make a record of such delivery. Such person shall be allowed a period of twenty (20) days after the day on which such delivery was made in which to make the petition sufficient. If the Clerk shall find the petition sufficient, the Clerk shall promptly so certify to the election authorities, shall deliver a copy of such certificate to the officer whose removal is sought, and shall make a record of such delivery. If such officer shall not resign within five (5) days after the day on which such delivery shall have been made, the election authorities shall thereupon fix a day for holding the recall election at the next regular municipal election held not less than sixty (60) days after the expiration of the period of five days last mentioned. No petition to recall shall be filed within one (1) year after an officer takes office. (Added by electors ) Section 87B. Ballots. The ballots at such recall election shall conform to the following requirements: With respect to each person whose removal is sought, the question shall be submitted: Shall (name of person) be removed from the office of (title of office) by recall. Immediately following each such question there shall be printed on the ballots the two propositions in the order here set forth: For the recall of (name of person); Against the recall of (name of person). (Added by electors ) Section 87C. Filling of Vacancies Created by Recall. In any such recall election, if a majority of the votes cast on the question of removal of any officer is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon the certification of the official results of that election and the vacancy caused by such recall shall be filled in the manner provided in this Charter for filling vacancies in such office. The officer removed by such recall election shall not be eligible for appointment to the vacancy created thereby. (Added by electors ) Section 87D. Term Limitations. (a) No person shall serve more than twelve (12) consecutive years on the Council and shall not be placed on the ballot for election for any term if service for the full term would constitute a violation hereof; except that the two (2) year term served by district Council members during 2002 and 2003 in order to commence "staggered terms" will not count against the permitted total of twelve (12) consecutive years or be considered an "interruption" for purposes of determining the twelve (12) consecutive years a person has served. For purposes of this section no distinction shall be made between an at-large or district Council member except for the district Council members serving two years terms during 2002 and A Council member who has completed service of twelve (12) consecutive years may be elected or appointed to City Council if such term or partial term for which the amlegal. coin/nxt/gateway. dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

32 Page 5 of 7 Council member is elected or appointed shall commence no earlier than one year from the date on which such Council member completed his or her twelve (12) consecutive years of service on City Council. (b) No person shall serve more than two (2) consecutive four (4) year terms as Mayor; provided, however, that service in the position of Mayor pursuant to appointment or succession to that office, or service on the Council pursuant to appointment to the position of Mayor, shall not be credited toward any term limitation. (Amended by electors ; ) Section 88. Validity of recall petitions. (Repealed by electors ) Section 89. Proceeding when petition sufficient. (Repealed by electors ) Section 90. Conduct of election - candidates - ballots. (Repealed by electors ) Section 91. Limitation on recall elections. (Repealed by electors ) Section 92. Requirements of petition. A petition to initiate an ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this charter, need not be made on one paper, but may be the aggregate of two or more petition papers. Each signer of a petition paper shall sign his or her name in ink or indelible pencil, and shall place thereon, after his or her name, his or her place of residence by street and number. To each paper there shall be attached an affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. (Amended by electors ) Section 93. Uniformity of petition papers. Petition papers circulated with respect to any proposition shall be uniform in character and form. The Clerk shall determine and keep on file forms of blanks to be used in the several instances of petition, and all petition papers shall conform to such forms, respectively. amlegal. com/nxt/gateway.dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

33 Page 6 of 7 Section 94. What the petition shall show. If the petition is to initiate an ordinance, or to refer an ordinance or resolution, or for an amendment to this Charter, each petition paper shall set forth the proposed measure in full. Every petition, whether for initiating an ordinance or other purpose, shall bear the names of five electors whose names shall appear on each petition paper, and who shall thereon be designated as the proponents of the proposition of the petition, and who shall be recognized as the committee in charge thereof. Section 95. Clerk to determine sufficiency of petition. The Clerk shall determine the sufficiency of a petition within ten days after the same is filed with him or her, and endorse his or her certificate thereon. When supplemental petition papers are filed, as herein provided, the Clerk shall determine the sufficiency of the petition as supplemented within ten days and endorse thereon his or her finding. (Amended by electors ) Section 96. Supplementing certain insufficient petitions. If the Clerk certifies that a petition to initiate an ordinance, or to amend this Charter, is insufficiently signed, the same may be supplemented by the filing with the Clerk within fifteen days, of an additional petition paper or papers, prepared, signed and authenticated as in the case of the original petition. Section 97. Effect of Clerk's decision. The final decision of the Clerk that a petition is insufficient shall not prejudice the filing of a new petition for the same purpose. The finding of the Clerk as to the sufficiency of a petition shall be a final order. Section 98. Duty of Clerk when petition sufficient. After the Clerk determines that a petition is sufficient, the Clerk shall certify the fact to the Council, and, if the petition requires an election, also to the election authorities, of whom the Clerk shall request that provision for an election be made. (Amended by electors ) Section 99. Notice of election. In case of a referendum election, the Clerk, not less than twenty days before the date thereof, and on the tenth day before said date, shall cause to be published in the City Journal a notice of such election. The notice shall set forth a true copy of the measure as given in the petition or resolution. amlegal. com/nxt/gateway.dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

34 Page 7 of 7 Section 100. Publication of initiated ordinances. Initiated ordinances, if passed by the Council, shall be published as in case of measures originating in the Council. Ordinances or resolutions, or amendments to this Charter, adopted upon a referendum need not be subsequently published, but a statement that they are effective as a result of the referendum, giving the full title of each approved, shall be made in the City Journal. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be reiled upon as the definitive authority for local legislation. Additionally, the fonnatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Munlcipality directly or contact American Legal Publishing toll-free at G 2008 American Legai Pubiishing Corporation techsuooort (a0amlegal com , amlegal. coni/nxt/gateway.dll/ohio/toledo/charterofthecityoftoledoohio/chapt... 06/22/2009

35 m x ^ w

36 IN RE: REQUEST TO SET DATE FOR ELECTION ON RECALL OF. MAYOR CARLETON S. FINKBEINER : BEFORE THE BOARD OF ELECTIONS LUCAS COUNTY, OHIO NOTICE OF PROTEST ^ ^ ^ O L O ea ^ ^ ^ CID ^ ^ 00 TI C) r-= c ^ ^ rn Cl) -i Pursuant to Section (A) of the Ohio Revised Code and other applicable law, Carleton S. Finkbeiner, Mayor of the City of Toledo, Ohio, hereby gives formal notice of his protest against: (1) the request by the Clerk of Toledo City Council, Gerald E. Dendinger, dated April 20, 2009, that the Lucas County Board of Elections fix a day for holding a recall election pursuant to the certification by Mr. Dendinger of the sufficiency of a petition delivered to him for recall of the Mayor; (2) the form of the recall petition submitted by Mr. Dendinger to the Board of Elections; and (3) the report of the Board of Elections as to the number of valid signatures on the recall petition. There are not sufficient lawful signatures for certification of the recall petition or holding of a recall election. Ohio law prescribes certain petition requirements to protect the integrity of the political process and the authenticity of means by which the voters express their will. As set forth below, those requirements apply to the recall petition at issue here. In particular, the recall petition fails to comply with the requirement of Ohio Revised Code (J) that it contain a speoific warning in boldface capital letters that election falsification is a fifth-degree felony. Because it failed to give this critical information to the people who were asked to sign it, the recall petition violated the Toledo Charter and the Ohio Revised Code, and any signatures on it are necessarily invalid.

37 Failure to observe that requirement has had real and obvious consequences here. The Board of Elections itself already has reported the invalidity of 18,899 of the 39,994 petition signatures that it examined. The proof shows that an additiona12,530 petition signatures are likewise false or otherwise invalid. The remaining 18,565 signatures are less than the number (19,753) required to certify a recall issue for the ballot. The record before the Clerk thus did not contain proof of enough valid signatures to meet the minimum threshold set by the Toledo Charter. In the absence of enough valid signatures, there is no basis for the certification of the Clerk as to the sufficiency of the recall petition or the request of the Clerk that the Board of Elections set a date for a recall election. Mayor Finkbeiner accordingly asks that the Board of Elections: (a) decline to set a date for the holding of a recall election (b) reject the petition due to its omission of the state-required warning that election falsification is a fifth-degree felony; and (c) recognize the invalidity of the additiona12,530 signatures that the proof shows to be false or otherwise invalid. Mayor Finkbeiner respectfully requests a hearing on this Protest before the full Board of Elections, as required by Ohio Rev. Code and other applicable law, at the next available opportunity. Mayor Finkbeiner has attached and incorporates by reference the following memorandum in support and exhibits, including a copy of the challenge letter and spread sheet (with identification of the additional 2,530 false and invalid signatures) to Mr. Dendinger dated April 20, For the information of the Board of Elections, Mayor Finkbeiner respectfully notes that, in tandem with this Protest, he necessarily is initiating in the Lucas County Common Pleas Court an administrative appeal from the certification by Mr. Dendinger -- deemed by Section 97 of the Toledo Charter to be a final order -- pursuant to Section of the Ohio Revised Code. 2

38 Respectfully submitted, VORYS, SATER, SEYMOUR AND PEASE LLP By Jf4n J. KfGlewicz ( ) 52 East Gay Street P.O. Box 1008 Columbus, Ohio Telephone: (614) Facsimile: (614) Attorneys for Mayor Carleton S. Finkbeiner 3

39 MEMORANDUM IN SUPPORT Because there are not sufficient lawful signatures, the Board of Elections should decline to set a date for a mayoral recall election. The number of signatures is insufficient for two reasons: (1) The Clerk of the Toledo City Council has based his request on certification of a recall petition that omitted the standard election-falsification warning required by applicable state law. The recall petition thereby violated the Toledo Charter and the Ohio Revised Code, and any signatures procured on it are necessarily invalid. (2) Moreover, the evidence shows that, of the 39,994 signatures examined by the Board of Election, 21,429 (53.1 %) are false or otherwise invalid. The remaining 18,565 signatures are less than the number (19,753) required to certify a recall issue for the ballot. In the absence of the required number of valid signatures to meet the minimum threshold set by the Toledo Charter, there is no basis for a recall election. A. Procedural History A group that calls itself Take Back Toledo delivered purported part-petitions "for the recall of Carleton S. Finkbeiner who holds the office of Mayor" to the Clerk of the Toledo City Council on Apri19, Section 87A of the Toledo Charter confers upon the Clerk the responsibility to determine within ten days whether such a petition "meets the requireinents hereof," including the requirement that it be signed "by at least that number of electors which equals twenty-five percent (25%) of the electors voting at the last regular City election for that office." Because the total number of votes cast for Mayor in 2005 was 79,012, the number of valid signatures required for certification of a recall issue is 19,753. (Tab A)

40 At the request of the Clerk, the Lucas County Board of Elections reviewed the signatures. Upon information and belief, the Clerk did not ask the Board to review the form of the recall petition, and the Board confined its review to the validity of the signatures alone. In the course of its review, the Board found that nearly half the signatures were invalid. The Board made its report to the Clerk on Friday, April 17, "The petitions examined contained 39,994 signatures," the Board advised. "[O]f those signatures," said the Board in its report, "20,444 were found to be valid signatures and 18,899 were found to be invalid." (Tab B) The Board determined that at least two of the alleged signers were deceased. Other reasons for invalidation included 702 signatures that were not genuine, 7,066 signatures of persons who were not registered to vote, 6,414 signatures of persons who were not registered at the listed street address, 3,099 duplicate signatures, 438 signatures with no address, 52 signatures with no date, 11 signatures with bad dates, 89 illegible signatures and addresses, 1015 signatures of persons who did not live in Toledo, and 13 signatures that were invalid for other reasons. Id. The Clerk received notice in the meantime that the recall petition lacked the statutorily required warning that election falsification is a fifth-degree falony. A local elector informed the Clerk by as to the omission. (Tab C) The Clerk retained outside counsel to advise him. Evidently, however, the Clerk failed to supply his outside counsel with directly pertinent legislative history of the Toledo Charter. As set forth below, that legislative history conclusively establishes that Toledo voters long ago repealed the provision of the Toledo Charter that expressly govemed the form and content of recall petitions, by virtue of which state law now provides for the form and content of Toledo recall petitions. In the apparent absence of that information, the Clerk mistakenly concluded that "the petitions are not insufficient due to lack of Ohio R.C (J) language." (Tab D) 2

41 On Monday, Apri120, 2009, Mayor Finkbeiner attempted to present a challenge to the recall petition to the Clerk before the Clerk made his certification decision. The basis of the challenge was the lack of sufficient lawful signatures for the same reasons set forth in this Protest: omission of the statutorily prescribed warning that election falsification is a fifth-degree felony; and objections to the validity of 2,530 putative signatures, in addition to the 18,899 signatures that the Board of Elections itself had reported as invalid. The Clerk declined to await the challenge. He instead certified the sufficiency of the recall petition and asked that the Board "fix a day for holding the recall election at the next regular municipal election, November 3, 2009." (Tab E) B. Basis of This Protest Mayor Finkbeiner respectfully files this Protest on the ground that there are not sufficient lawful signatures to certify the recall petition or to hold a recall election. In tandem with this Protest, Mayor Finkbeiner is initiating on the same grounds an administrative appeal to the Lucas County Common Pleas Court from the "final order" in which the Clerk certified the sufficiency of the recall petition and asked this Board to fix a date for the recall election. C. Governing Law Section 11 of the Toledo Charter provides that "[a]ll elections provided for by this Charter, whether for the choice of officers or the submission of questions to the voters, shall be conducted by the election authorities prescribed by general laws and the provisions of the general laws of the State shall apply to all such elections except as provision is otherwise made by this Chapter." (Emphasis supplied.) Section of the Ohio Revised Code is the general law of the State that applies to "[a]ll declarations of candidacy, nominating petitions, or other petitions presented to or filed with 3

42 the secretary of state or a board of elections or with any other public office for the purpose of becoming a candidate for any nomination or office or for the holding of an election on any issue[.]" It specifies who may sign such petitions and how they must sign. See Ohio Rev. Code (A)-(I); see also Ohio Rev. Code (A). Section (J) farther requires that "[a]ll declarations of candidacy, nominating petitions, or other petitions under this section shall be accompanied by the following statement in boldface capital letters: WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE." There is no dispute that the petitions circulated by Take Back Toledo have no boldface statement in capital letters that "WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE." Rather than include the statutorily prescribed warning, the Take Back Toledo petitions include, in ordinary type, only a reminder that the signer could be "liable to prosecution" for false statements. Section (J) does not permit "merely substantial compliance," but instead "require[s] strict compliance." State ex rel. Vickers v. Summit Cty. Council (2002), 97 Ohio St.3d 204, 209. In State ex rel. Griffin v. Krumholtz ( 1982), 70 Ohio St.2d 125, , the Supreme Court of Ohio deemed invalid a petition that used the same "liable to prosecution" language. D. The Toledo Charter No Longer Specifies the Form and Content of Recall Petitions. State law requires the inclusion of the felony warning on Toledo recall petitions. Chapter VI of the Toledo Charter governs "Initiative, Referendum and Recall." In its present iteration, Chapter VI provides for the form and content of initiative, referendum and charter-amendment petitions; it makes no provision for the form or content of recall petitions. That is no oversight. On the contrary, seventy-five years ago, Toledo voters specifically removed from Chapter VI the 4

43 provisions that once applied expressly to the form and content of recall petitions. Because there is no local provision as to the form and content of recall petitions, state law applies -- and requires inclusion of the warning that election falsification is a fifth degree felony. 1. Adoption of Section 92 (Election of 1914) The people of Toledo adopted Section 92 of the Toledo Charter (entitled "Requirements of Petition") in 1914 as part of the Chapter VI provisions on "The Initiative, Referendum and Recall." As originally effective, Section 92 stated as follows: "A petition for recall, or to initiate an ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this charter, need not be made on one paper, but may be the aggregate of two or more petition papers. Each signer of a petition paper shall sign his name in ink or indelible pencil, and shall place thereon, after his natime, his place of residence by street and number. To each paper there shall be attached an affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant." (Emphasis supplied.) See Proposed Charter for the City of Toledo (Tab F). 2. Deletion of the Recall Petition Requirements (1934) Toledo voters amended Section 92 in the tumultuous election of 1934, when they adopted a city-manager fonn of government. The 1934 amendments removed all recall provisions, including the listing of recall petitions in the categories of petitions to which Section 92 would apply. See Proposal That Certain Sections of the Charter of the City of Toledo Be Amended to Read as Follows (Tab G); The Charter of the City of Toledo (As Amended to December, 1934) (Tab H). 5

44 By virtue of the 1934 amendments, therefore, Section 92 no longer contained the three words "for recall, or." It instead provided as follows: "A petition to initiate an ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this charter, need not be made on one paper, but may be the aggregate of two or more petition papers. Each signer of a petition paper shall sign his name in ink or indelible pencil, and shall place thereon, after his name, his place of residence by street and number. To each paper there shall be attached an affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant." Id. From the 1934 election forward, Section 92 has applied only to petitions "to initiate an ordinance, or for referendum of an ordinance or resolution, or of an amendment to this charter." Recall petitions, which were within the original scope of Section 92, no longer fell within its ambit. 3. Rejection of Proposal to Reinstate Recall Petition Requirements (1959) In 1959, the voters of Toledo rejected a proposed Charter amendment that would have reinstated the express requirements as to recall petitions. The proposed Charter amendment, defeated by the voters, provided as follows: "Each elector signing a recall petition shall add to his signature, his residence, stating the ward and precinct and the date of signing. Signatures on a recall petition may be on separate sheets but each sheet shall have appended to it the affidavit of some person, not necessarily a signer of the petition that to the best of the affiant's knowledge and belief the persons whose signatures appear on the sheet are registered electors of the City, or of the district, as the case may be, that they signed with full knowledge of the contents of the petition and that their residences are correctly given." See Proposed Amendments To The 6

45 Charter Of The City Of Toledo, Ohio, To Be Voted Upon At The Regular Municipal Election To Be Held In The City Of Toledo, Ohio Tuesday, November 3, 1959 (Tab I, at Section 88(2)). 4. Reinstatement of the Recall Mechanism without Adoption of Recall Petition Requirements (1992) In 1992, Toledo voters adopted Sections 87A, 87B and 87C of the Toledo Charter, which specified the recall procedure. Those amendments made no provision as to the form or content of a recall petition, however. See Toledo Charter 87A, 87B and 87C. Nor did the voters reinstate recall provisions within the scope of Section 92. In the absence of any local provisions as to their fonn or content, recall petitions thus remained subject to state law. 5. Current Text of Section 92 Toledo voters thereafter amended Section 92 in 2000, but only to add gender-neutral language. Section 92 in its present form thus provides as follows: "A petition to initiate an ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this charter, need not be made on one paper, but may be the aggregate of two or more petition papers. Each signer of a petition paper shall sign his or her name in ink or indelible pencil, and shall place thereon, after his or her name, his or her place of residence by street and number. To each paper there shall be attached an affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant " See Toledo Charter 92. (Tab J) 6. No Current Local Provision for Form and Content of Recall Petitions Provision for the form and content of recall petitions thus is not "otherwise made by this Chapter." The Toledo Charter adopted in 1914 specifically included recall petitions within the scope of the local provision (Section 92) that prescribed the fonn and content of petitions for "The Initiative, Referendum and Recall." Repeal of the recall procedure at the 1934 election 7

46 specifically excluded the words "for recall, or" from the scope of Section 92. Twenty-five years later, the voters rejected a 1959 proposal to reinsert in the Charter an express local provision not only for recall elections but also for the form and content of recall petitions. To this day, Section 92 applies only to initiative, referendum and charter-amendment petitions -- not recall petitions. Not since the 1934 amendments has the Toledo Charter prescribed the form and content of a recall petition. Because Section 11 of the Toledo Charter mandates that "the general laws of the State shall apply to all such elections except as provision is otherwise made by this Chapter," the form-and-content requirements of Ohio Revised Code Section (J) govern recall petitions in Toledo. See generally State ex rel. Ditmars v. McSweeney (2002), 94 Ohio St. 3d 472, 477 ("[m]unicipal charters must be construed to give effect to all separate provisions"). Indeed, especially in view of the developments that have led to the current wording of Section 92, it would violate the Home Rule provision of the Ohio Constitution to preclude the application of Ohio Revised Code Section (J) to the recall petition. See Ohio Const., Art. XVIII. To excuse their failure to include the election-falsification language that state law requires, the Clerk and the Take Back Toledo committee plainly rely upon a now-repealed version of the Toledo Charter. The Clerk may claim to have believed that "the Toledo City Charter addresses the right of recall in a comprehensive manner" and that the Charter generally displaces state law. Yet the history of the Toledo Charter -- including the specific exclusion of recall petitions from the scope of its provisions as to the form and content of other petitions -- establishes otherwise. Courts have recognized that such amendments have meaningful interpretive consequences. As the Supreme Court of Ohio has noted, "[w]hen confronted with amendments to a statute, an interpreting court must presume that the amendments were made to change the 8

47 effect and operation of the law." Lynch v. Gallia Cty. Bd. of Comm'rs (1997), 79 Ohio St.3d 251, 254. "Having left out of the new enactment the provision that adjoining rural districts should be made as nearly equal as possible in property valuation," as the Court observed in another case, "it will be presumed that it [the General Assembly] no longer intended to require boards of education to make adjoining rural districts approximately equal in valuation, but left to the sound discretion of the county board of education ***." Bd of Educ, of Hancock County v. Boehm (1921), 102 Ohio St. 292, 302. See also State ex rel. Durr v. Spiegel (1914), 91 Ohio St. 13, 17 ("It is apparent that the single intent of the Legislature in passing the amendment was to eliminate the requirement that the amount of taxes levied in any year should not exceed the aggregate amount levied for all purposes in the year The amended section is in the exact words of the original section, with the exception of the elimination stated."). The reasoning in State v. Didion (3d Dist.), 173 Ohio App.3d 130, 143, 2007-Ohio-4494, at 29, readily applies to the manner in which Toledo voters have dealt with the requirements for recall petitions. "The General Assembly removed the third-party language from the statute for a reason in 2004, and it has never put the language back," as the Court noted. "The judiciary has the duty to interpret the words provided by the General Assembly, not to rewrite the statute by deleting or inserting words. * * * [The statute] used to allow restitution to third parties, but it no longer does. Therefore, we hold that [the statute] authorizes trial courts to order the payment of restitution to crime victims but not to third parties." Id. It is no excuse that the Clerk apparently failed to account for the legislative history of Section 92 in drafting the recall petition. The Clerk is accountable for knowledge of the Toledo Charter and its legislative history. Section 34 of the Toledo Charter requires the Clerk to keep official records. See also Ordinance at 1, and Ordinance

48 Moreover, the circulators' duty to include the election-falsification language is "not conditioned upon receiving notice from the city clerk that the duty exists." Ditmars, 94 Ohio St. 3d at 476 (Ohio 2002). Ohio courts expect strict conformance to legal requireinents in election matters. See Monsanto Co. v. Bd. ofelections ofhamilton Cty., Ohio, Nos. C , C , 1996 WL , at *5 (Ohio Ct. App. 1st Dist. Oct. 9, 1996) ("In matters of election, substantial compliance is not enough. Strict or literal compliance is necessary."). Strict compliance is especially important in a situation such as this, in which certain individuals seek to undo the result of a duly conducted election and divest a duly elected official of the responsibilities that the voters have entrusted to him. Furthermore, because Take Back Toledo did not receive its recall petition from "a board of elections," the provisions of Ohio Revised Code Section (L) do not excuse its failure to comply with the legal requirements for recall petitions. Moreover, even advice from elections officials would not abrogate the responsibility of Take Back Toledo "to investigate, leain, or know the law governing the election process" and comply with that law. State ex rel. Sturgill v. Lorain Cty. Bd. of Elections (9th Dist. 2005), 164 Ohio App.3d 272, 276 (candidate had no right to rely on an official's statement of the requisite number of signatures); State ex rel. Rust v. Lucas Cty. Bd. ofelections (2003), 100 Ohio St.3d 214, 215 (candidate's contention that the Board of Elections misled him was irrelevant). For these reasons, the recall petition violated the Toledo Charter and the Ohio Revised Code by failing to include the warning that election falsification is a fifth degree felony. Any signatures procured on the petition are necessarily invalid. 10

49 E. There Are 2,530 Additional False or Otherwise Invalid Signatures. In the course of its expedited review, the Lucas County Board of Elections identified 18,899 petition signatures that it regarded as invalid for the reasons set forth above. Between the completion of that review and the decision by Mr. Dendinger to certify the petitions, counsel for Mayor Finkbeiner had an opportunity for additional detailed examination of the petitions and signatures that survived Board of Elections review. That examination identified numerous additional false affidavits, undocumented signatures, invalid dates, puzzling inconsistencies, signatures procured by unregistered circulators and other serious failures to comply with the Toledo Charter and the Ohio Revised Code. The proof shows that at least 2,530 additional signatures are false or otherwise invalid. The appendices to the challenge letter (attached to this Protest at Tab K) document the specific petitions, circulators and alleged signatures in question. These are only the most egregious examples. Further review would, no doubt, establish additional evidence of the widespread flaws that disqualify the Take Back Toledo petitions as a basis for subjecting the will of the people, established by the 2005 mayoral election, to overturning by recall. The particular insufficiencies identified in the spreadsheets include the following: The affidavits signed by certain circulators are plagued with irregularities; There are numerous apparent false signatures; There are patent invalidities in many signature dates; On certain petitions, signature dates appear to have been changed to predate the circulator affidavit (i.e., the date by which the circulator has represented that he or she had collected all of the signatures); (5) Signature verifiability is an issue; 11

50 (6) Numerous signatures lack the required date necessary to establish their authenticity and timeliness; (7) There are irregularities as to the stated number of signatures on certain petitions; (8) Many petition affidavits lack the proper notarization necessary to safeguard against false circulator statements in the absence of the statemandated election-falsification warning; (9) Certain petitions bear signatures that show unequivocally that they were signed after the date of the circulator affidavit; (10) Certain other petition signatures appear to have been back-dated to match the date of the circulator affidavit; (11) There are numerous tabulation errors as to the number of purportedly valid signatures on certain petitions; (12) Several circulators signed the petitions that they themselves were circulating; (13) Certain petitions bear more signatures than allowed; (14) Several petitions bear tentatively-validated signatures of individuals who appear to reside outside the limits of the Toledo municipal corporation; and (15) Despite the specific requirement of Section (A) of the Ohio Revised Code that "[n]o person shall be entitled to... circulate any... recall petition, unless the person is registered as an elector," circulators who are not registered to vote procured thousands of the signatures that Take Back Toledo has submitted. Flaws such as these not only disqualify the Take Back Toledo petitions, but also underscore the importance of the warning -- omitted from the petitions -- that state law requires. Section (J) of the Ohio Revised Code requires that all petitions include, in bold face capital letters, the statement that "WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE." With the legally required exclusion of those signatures, the record before Mr. Dendinger did not contain proof of enough valid signatures to meet the minimum threshold set by the 12

51 Toledo Charter. Hence there was no basis on which to certify the Take Back Toledo petitions as sufficient. Conclusion To proceed on the assumption that Chapter VI of the Toledo Charter still applied to the form and content of recall petitions after the voters struck the words "for recall, or" from Section 92 in 1934 would defy the will of the people, ignore the legislative history of Chapter VI and rewrite its express provisions. The petition on which the Clerk based his certification to this Board failed to include the statutorily required warning that election falsification is a fifth-degree felony. To allow a recall election to proceed on the basis of the ill-begotten petition would be as unlawful as the recall petition itself. Respectfully submitted, VORYS, SATER, SEYMOUR AND PEASE LLP 4w%y,4t J. Kulewicz 08376) 52 East Gay Street P.O. Box 1008 Columbus, Ohio Telephone: (614) Facsimile: (614) jjkulewicz@vorys.com Attorneys for Mayor Carleton S. Finkbeiner 13

52 CERTIFICATE OF SERVICE I served a copy of this notice by persoiial delivery on Gerald E. Dendinger, Clerk of the Council of the City of Toledo, Ohio, Suite 2100, One GoverYnnent Center, Toledo, Ohio 43604; Adam Loukx, Acting Law Director, City of Toledo, Ohio, Suite 1710, One Government Center, Toledo, Ohio 43604; and John A. Borell, Sr., Assistant Lucas County Prosecuting Attorney and Deputy Chief, Civil Division, Suite 250, 700 Adams Street, Toledo, Ohio 43604; on April ^ /

53 Election Summary Report Lucas County, Ohio General Election November 8, 2005 Summary For Jurisdiction Wide, All Counters, All Races OFFICIAL RESULTS Council, City Maumee Total Number of Precincts 20 Precincts Reporting % Total Votes BRENT BUEHRER % RICHARD H. CARR % MICHAEL J. COYLE % TIMOTHY L. PAUKEN % DAVID WESTRICK % MARIA ZAPIECKI W % Judge, City Maumee Total Number of Precincts 50 Precincts Reporting % Total Votes GARY L. BYERS % 1 e-e Judge, City Oregon Total Number of Precincts 27 Precincts Reporting % Total Votes 7411 GARY A. BREIER % CHERREFE A. KADRI % JEFFERY B. KELLER % LOUIS S. KOVACS % Mayor, City Oregon Total Number of Precincts 22 Precincts Reporting % Total Votes 4409 MARGEBROWN % Total Number of Precincts 22 Precincts Reporting % Total Votes MARVIN BELKNAP % SANDY BIHN % S. GRAFFEO-RUDESS % DOUGJOYCE % STEVEN M. KUSIAN % PAUL LAMBRECHT % JERRY PEACH "/ JAMES S. SEAMAN % MICHAEL J. SEFERIAN % MICHAELP.SHEEHY % MATTHEW A. SZOLLOSI % Num. Report Precinct Num. Reporting % Judge, City Sylvania Total (: Number of Precincts 85 Precincts Reporting % Total Votes JAMES B. NUSBAUM % SCOTT RAMEY % Mayor, City Sylvania Total Number of Precincts 22 Precincts Reporting Total Votes 4499 CRAIG A. STOUGH % Council, City Sylvania Number of Precincts Precincts Reporting Total Votes READ BACKUS DAVID BERLAND MARK BULA TODD MILNER BARBARA R. SEARS Date:12/12/05 Time:09:30:13 Page:l of 9 Total % % % % % "n Judge Full Term 1/1/06 Toledo Total Number of Precincts 335 Precincts Reporting % Total Votes C. ALLEN McCONNELL /^; Judge Full Term 1/2/06 Toledo Total Number ofprecincts 335 Precincts Reporting % Total Votes PAULA HICKS-HUDSON % TIMOTHY C. KUHLMAN % =M±. Judge Full Term 1/3/06 Toledo Total Number of Precincts 335 Precincts Reporting % Total Votes ROBERT CHRISTIANSEN % SAMUEL J. NUGENT % DAN PII.ROSE, JR % EXHIBIT A

54 Election Summary Report Date: 12/12/05 Time:09:30:14 Lucas County, Ohio Page:2 of 9 General Election November 8, 2005 Summary For Jurisdiction Wide, All Counters, All Races OFFICIAL RESULTS Num. Report Precinct Num. Reporting % Judge Full Term 1/4/06 Toledo Total Number of Precincts 335 Precincts Reporting % Total Votes FRANCIS X. GORMAN.^ ^w..,, ^.^., ^ F:,_ % Judge Unexp Tenn, Toledo Court Total Number of Precincts 335 Precincts Reporting % { Total Votes LOURDES SANTIAGO % LYNN SCHAEFER "/ Mayor, City Toledo Total Number of Precincts 324 Precincts Reporting % Total Votes CARTY FINKBEINER % JACK FORD % Council At Large, City Toledo Total Number of Precincts 324 Precincts Reporting 324 Total Votes ERNIE BERRY PHIL COPELAND BOB McCLOSKEY K. McCONNELL HANCOCK GEORGESARANTOU DAVESCHULZ KARENSHANAHAN TERRY SHANKLAND BETTY SHULTZ MARKSOBCZAK FRANK SZOLLOSI BOB VASQUEZ AMANDA SCOTT-RICE 53 Write-in Votes % 11.37% 10.90% 7.24% t:. 9.83% i=. 6.02% 799% 5.32% 9,56% 10.40% 9, 03% 8.36% 0.02% 0.07"/ Council Dist 6 Unexp, City Toledo Total Number of Precincts 57 Precincts Reporting % Total Votes DAVID BALL % DONALD A. BENSMAN % JOE BIRMINGHAM % KATE RYAN SCHWARTZ % W a.v a..].va Council, Village Harbor View Total Number of Precincts Precincts Repotting % Total Votes 41 RICK L. SMITH % TONY R. WOODFILL % Council, Village Holland Total Number of Precincts Precincts Reporting % Total Votes 938 LEE R. IRONS % i ' DALE PRENTICE % NOAHSTONE % MARY VISCO % Council Unexp, Village Holland Total Number of Precincts Precincts Reporting % Total Votes 238 ELAINE OLSEN % Council, Village Ottawa Hills Total Number of Precincts 7 Precincts Reporting % Total Votes 3920 REX DECKER % JEFFREY A. GIBBS % ROBERT F. REICHERT % JOHN L. STRAUB % Total Number of Precincts Precincts Reporting % Total Votes 24 MARY LOU PERRIN % Council, Village Swanton Total Number of Precincts Precincts Reporting % Total Votes 90 WILLIAM E. BELINGER % SCOTT HASELMAN % -' PAMELA J. MOORE % :` MICHAEL ROCHELLE % 7^- RICHARD H. UEBERROTH %=.`} 7 a^ _n i 11l. 'tx

55 Lucas County Board of Elections One Government Center Suite 300 Toledo, Ohio (fax) ntyvotes.org ojab^m April 17, 2009 Mr. Jerry Dendinger, Clerk of Council City of Toledo 1 Government Center, Suite 2140 Toledo, Ohio Dear Mr. Dendinger: The Lucas County Board of Elections has examined 4,347 part-petitions of the 5,078 part-petitions that were submitted for the removal of the Mayor by recall. The petitions examined contained 39,994 signatures; of those signatures, 20,444 were found to be valid signatures and 18,899 were found to be invalid. A report of the breakdown of invalid signatures is attached as is a copy of the Ohio Secretary of State's Instructions to County Boards of Elections regarding examination of petitions. Since the City of Toledo Charter is silent as to what constitutes a valid. signature, we have followed those guidelines. We did not examine 582 part-petitions. Sincerely, Linda R. Howe, Director Lucas County Board of Elections EXHIBIT B

56 P^titi ^r Statistics 4J17120D9 11:27:48AM TAKE BACK TOLEDO RECALL PETtTlON Petition tb:1661 Total Sigs Required 20,000 Total Sigs Submitted 45,000 Total Sigs Verified 39,994 ADDR NOT REGISTERED AT ADDRESS Total 6,414 BADDT BAD DATE Total 11 BLANK BLANK Total 651 DUP DUPLICATE Total 3,099 ILLEG ILLEGIBLE SIGNATURE & ADDR Total 89 NA NO ADDRESS Total 438 NODAT NO DATE Total 52 NR NOT REGISTERED Total 7,066 OC OTHER COUNTY Total 85 PENC PENCIL Total 3 S1G SIGNATURE NOT GENUINE Total 702 SIGNE SIGNER IS CIRCULATOR Total 9 WDIST WRONG DISTRICT Total 930 WREG WRONG REG DATE Total I TOTAL 19,550 TOTAL SIGNATURES VERIFIED: 39,994 TOTAL VALID : 20,444 TOTAL INVALID : 19,550 TOTAL BLANK LINES : 651 TOTAL INVALIDS MINUS BLANK LINES: 18,699 TOTAL CHALLENGED Total Parts Subrnit^dc 5,078 Parts Verified: 4,347 Parts Invalid: 149 Parts Not Verified: PART PETITIONS SUBMITTED, SEVERAL COPIES SUBMITTED AS ORIGINALS. 3 CIRCULATOR STATEMENT PAGES SUBMITTED WITHOUT FACE OF PETITIONS. '^Fxata-t^,rrpa[ion`Man^.get?!^>iT.S`gstee^lGChB(i2.> -,-..^._^_ >...,..';... ^ ^.. ^^^.

57 Ohio Secretary of State's Instructions to County Boards of Elections regarding Examination of State Issue Petition (Ohio Constltution Art II g 1-1g; Revised Code Chapters 3501., 3503., and 3519.) CIRCULATDRS A. Qualifications The circulator of a statewide initiatfve or referendum part petition need not be an Ohio eietlpr but must be an Ohio resident In accordance with R.C (B). No Ind(vidual who has been convicted of a felony under the laws of this state, any other state or the United States may drculate a petition. (R.C (B), (B)) To verify whether a circulator has been convicted of a felony, you may seek the assistance of your county clerk of courts. S. Circulator's Statement Each part petitlon must contain a dreulator's statement that is completed as required by law. (The circulator's statement may be identified on the part petition as the "statement of the solidtor.") The circulator's statement must indude the following information: 1. The number of signatures Witnessed by that circulator, 2. The signature of the circulator, 3. The circulator's address, and 4. The name andaddress (street name and number, city, and state; or post office box number, dty, and state; or street name and number, and zip code; or post office box number and zip code) of employer of the circulator who has employed the circulator to dreulate the part petition, but only if the circulator is being employed to circulate the petition. In the absence of inconsistencies on the circu;ator statements circulated by the same individual or a protest being filed regarding paid clrculators, the board accepts the part petition at face value. When the number of signatures on a part petition appears to differ from the number reported in the circulator's statement, the board must exarnine that part petitlon to determine the nature of the inconsistency. If the number of signatures listed in the circulator's statement as being witnessed by the dreulator is: Less than the total number of uncrossed out signatures on the part petition, reject the entirepart petition. SIGINfRS Examp/e. The dreulator's statement Indicates 20 signatures witnessed, but there are 22 signatures on the petition, none of which were crossed out before the pegtion was filed. Equal to or greater than the total number of uncrossed out signatures on the part petftion, do not reject the part petition because of the inconsistent signature numbers. fxample: The circulator's statement indicates that the drculator wftnessed 22 signatures, but there are only 20 uncrossed out signatures an the petition. A. Generally Signers of a statewide ballot issue petition must satisfy the requirements of R.C , which Is set forth below: Each signer of any initiative or referendum petltion must be a quafiried elector of the state. He shall place on such petition after his name the date of signing and the location of his voting residence, induding the street and number In whkh such voting residence is lomted *#. Each signer may also print his name so as to dearly identify his signature. ***.

58 It is acceptable fbr another person to compiete the date of signing and the locatton of the signer's voting residence on the pet'ilion, but one lndmdual may not sign for another, unless via a designation of attomey In fact, as provided for in R.C When one person signs for another, except pursuant to the att,omey In fact provision In R.C , the entire part petition must be Invalidated, because the circulator's statement Indicates on its face that the clrculator did not witness every signature, maidng the dreulator statement untrue, and it Is impossible for the board of electlons to discern which sgnature was not wltnessed, 6. Qualifications Each person who signs a pel7tion must be: 1. A qualified elector of Ohio, and 2. Registered to vote at the address provided on the petition as of the date the statewide ballot Issue part pe0tion is examined by the board. (New voter registrations or changes of name or address filed with the Secretary of State at the time of the filirig of the petltlon are endosed wlth the petilions. These registrations are effective as of the date filed with the Secretary of State, and they must be processed be/oreyou verify signatures on the petitions.) (RC (A), , and 3519,15) C. Signatures Except as provided in R.C (an elector's name signed by an attorney in fact), each signature of an elector who signs an Initiative or referendum pedtion must be an original signature of that voter and must be written in ink (RC (8), ) I Authority to Appoint an Attorney In Fact - R.C : A registered elector, who, by reason of disabiiity, Is unable to physically slgn his or her name to a petition, may authorize a qualifled individual as an attorney in fact to sign that elector's name to a petitlon, in accordance with the spedfic procedures required by Uet statute, A designatlon of "P0A" Is Insufflcient. 1. Marking valid signatures: a. If a signature is valid, please place a red check mark In the margin to the left of the signature on the petltion paper. b. If a slgnature is invalid, please indicate why it is invalid, using the appropriate code symbol contained in these instrucfions (see below). c. No one may sign a peticon more than once. Please place an Identlfying mark or insert a computer code on the elector's registration record or create a database of names of electors who signed the petltion as noted below to ensure that the eiector's signature Is not counted toward the same petidon (such as a supplemental petition) more than once. d. It may be prudent to create a database list of the petition signers (both valid and invalid signatures), creating the following fields: 1) last name 2) first name and middle inibai 3) address 4) city, viilage or township 5) date of slgnature 2. One county per part petition: Each part petition should contain signatures of electors of only one county. If any part petition contains signatures from more than one county, the Secretary of State determines the county from which the majority of signatures came, and only signatures from that county are to be verified and counted; signatures from any other county are invalid. (R.C D) When certifying the signatures, please indude the out-of-county slgnatures In the list of Invalid signatures for a petltion. Instructions for Examining State Issue Petition Papers (Dir ) Page 2 of 5

59 3. Signatare requirements: a. The signature must mabch the signature on file with the board of elecuons. A board should not Invalidate a signature because an elector signed using a derivative of his/her first name If the board can confirm the name of the elector. The elector may prtnt his or her name on the petition in addriyon to signing In cursne his or her name to the part petitlon. A printed signature alone, with no cursive signature, is vaad only if the elector's signature on fite with the board is also prlnted. (R.C , ) b. The signature must be written In ink. (R.C ; ) c. The peution must contain the loca6on of the elector's voting residence, which must: IncEude the house number and street name or RFD, and the appropriate city, village, or townshlp. A post office box does NOT quatify as an elector's residence address. Match the elector's voting residence address on file with the board when the board examines the part petition. If an elector's address given on the part petition differs from that on file with the board, then the board must invalidate the slgnature. Note: For this reason, the boards must process ail new, valid voter registrations and changes of address an existing registrations beforeverifying the signatures on the part peti6ions. The petitlon should indlcate the county In which the elector's address Is located, but an electors signature will not be Invalidated If electlon offrcials can determine the proper county from other Information provided on the petition paper. The elector's ward and precinct are not required. 4. Dates R.C (C) and require that each slgnature be followed by the date It was affixed to the petition paper. Do not invalidate a signature solely because its date is out of sequence with other signatures. 5. Illegible Signature A atgnature Is Illegible oniy If both the signature and address are unreadable, such that it is Impossible for board personnel to ched<the signature against a voter registration record. 6. Restrictions on signing the name of another person a. A person having an elector's customary power of attorney used for other purposes cannot sign the elector's name to a petltlon. However, an lndividual who has been appointed as an elector's attorneyin factunder R.C B2 may sign that electons name to the petition paper in the elector's presence and at the elector's directton. You must compare the name signed on the petition by the R.C attomey in fact to the document evidencing the attorney In fact status on file with your office. b. In each case where a person, other than a duty-authorized attorney in fact under R.C , slgns a name other than his or her own to a petition, the board must Invalidate the enure part petition. c. An elector's "non-signature information" - e.g., the elector's address, county, or the date of signing - may be added by a person other than the elector, with the elector's permission. 7. Ditto marks Ditto marks may be used to Indicate duplicate information (e.g., date, address or county). CERTIFICATIpN After board staff has examined all the parts of the statewide ballot issue petition circulated in your county, you must certlfy your findings to the Secretary of State using the endosed certtfieatbn form. After you make copies of the part petltlons marked with your notat9ons and your certification form and have determined how to document the names of the signers on the petition papers dreulated in your county, please return the original completed certificagon and part pe8tbns to the Secretary of State's office by a tradmble method: e.g., in person or by certified U.S. Mail, U.S. Post office Express Mail, UPS, or Fed EX. Please return the documents to; Insbuctions for Examining State Issue Petitlon Papers (Dir ) Page 3 of 5

60 Ohio Secretary of State Bections Division 180 E Broad St -15w Floor Columbus OH Once all part petitions and reports have been retumed by boards of elections, the Secretary of State will determine the validity and suffiderxy of the petition and provide the constitudonally and statutodly required notices to the committee for the peyitianers. If the Secretary of State determines that the petition is Insufflcient, the committee will have ten (10) addkbnal days after notification to file additlonal signatures, which if suffident on thelr face, will be forwarded to boards of elections for further signature verification. PROTESTS- R, r Who may protest Any of the following persons may protest a board of electlons' findings on the part pebdons: a.1he dreulator of any part petltion, b. l'he committee for the petidoners. c. Any elector, Procedure A protest against a board's findings must be made in wrfting and filed with the relevant board of elections, When a protest has been filed, the board must, withln drree days after the protest has been filed, bring an action In the court of common pleas for the purpose of establishing the suflldency or Insufficiency of the signatures and the verlfication. If a protest Is filed, the board should contact the county prosecutor immediately and advise the prosecutor that time Is of the essence, The findings of the court on a protest actlon should be certifled, along with all petltlon papers, to the Eledions Divislon of the Secretary of State's office as soon as posslble after the protest has been finally determined. Please notify the Elections Division immediately when a protest has been filed by faxing a copy of the protest to Melanie Poole; Elections Administration Officer, at Please keep the Secretary of State eiections attorney assigned to your county informed of the progress of the protest and/or court action. Instructions for Examining State Issue Petition Papers (Dir ) Page 4 of 5

61 CODE SYMBOLS FOR VALIDATING SIGNATURES ON PETI7IONS Each signature must be Indivlduaiy examined. If a signature Is valid, please place a red check mark at the left margin beslde it. Afterchecidng an entire part petition, please write the number of valid signers on the upper rlght side of the front page of each part petition, and please write the initials of the board employee who chedted the part petition under the number. If a signature is not valid, please indlcate the reason by using the following sets of letters or codes, or, if none apply, an explanatory notatlon: CIR Circulator signed the part petition he or she was drculating. (This Invalidates the dreuiator's signature as a signer, but not the entire part petition.) DUP "Duplication."The person has signed more than one part petition or twice on the same part petition. ILL "IAegible" applies only If both the signature and address are unreadable, so that it is Impossible to check the signature against a voter registrabon record. NA "No address."the signer is required to provide his or her complete address: house number and street name or RFD, and the apprapdate city, viilage, or townshlp. Failure to provide the name of the county of residence is not fatal ffboard offidals can determine the county from the other Information given. Ward and prednct Information is not required. ND "No Date." The petition does not indicate the date on which the signature was affixed. (However, acceptable are: month-date-year, month-date, date out of sequence with other signers' dates, ditto marks.) NG "Not Genuine."l'he signature on the petition does not appear to be the genuine signature of the person whose signature it purports to be, compared to the slgnature on fiie with the board of eiections as of the date the board diecirs the petition. NR "Not Registered." The slgner is not an elector, that is, not registered to vote. Each person who signs a petition paper must be a quaiified elector as of the date the board examines the petition. NRA "Not Registered at Address." The address provided on the petition paper Is not the address on file with the board of elections as of the data the board examines the petition. OC "Other County." The signer is a resldent of some other county. Do not cross out signature or address; instead, place code at left margin. p "Pendl." The signature was written using a pendt If the number of signatures indicated by the dreulator In the circulator's statement is Iess thanthe number of uncrossed out signatures on a part petition, the entire part petition Is Invalid. When invaiidating an entire part peiition, please indicate the reason for rejection on the front of that part petition and separate it from other part petitions that are valid. Please do not invalidate a part petition solely for the reason that it does not contain any vaiid signatures; it Is a valid part petition, but it contains zero valid signatures. Finaiiy, please fill out the certification form and forward It, with the part petitions, to the Secretary of State by personal delivery or by a method that provides for tracldng of delivery. Tnstructions for Examining State Issue Petition Papers (Dir ) Page 5 of 5

62 Toledo Free Press» Blog Archive» Schulz calls for invalidation of recall petitions Page 1 of 2 KE 1:3ACKTOz.ED0 Schulz calls for invalidation of recall petiiions Written by Toledo Free Press Staff Writers news@toledofreepress.com Dave Schulz, a former Toledo City Council candidate and citizen activist, has wr Elections calling for the irivalidation of Take Back Toledo's mayoral recall petitic Schulz sent the following to Lucas County Board of Elections and City Cl 12: "I am making an urgent appeal on behalf of Toledo and Lucas County residents action to cause the invalidation of the recently filed Mayoral recall petitions filed prevent the expenditure of an estimated $10-15,000 verifying signatures on what "The recall petitions (as downloaded from the organizer's website) do not contai statement required by ORC ). "Further, there is a possibility that the petition's statement verbatim from ORC ^ the code. "The following Ohio Supreme Court opinions are submitted to you as evidence on a recall petition or any other petition seeking an election in the State of Ohio. with the city charter and it is settled law that election laws are mandatory and req "I am also providing notice of this issue to Linda Howe, Director of the Board e Schulz provided two Web links: and this document. Schulz did not immediately return a phone call requesting comment on his e-mai Brian Schwartz of Take Back Toledo declined to comment and said Take Back'I would not be available for comment. This entry was posted on Sunday, April 12th, 2009 at 7:37 pm and is filed under 2009 Race for EXHIBIT C 4/13/2009

63 Fram:CITY COONCIL 04115/ :57 tt188 P i Date: April 15, 2009 To: Linda Howe, Director, Lucas County Board of Elections From: Gerald E.. Dendinger, Clerk of Counc!i flfc^' Subject Maycr Recall Petitions. Pursuant to the recent attention of petceived defects in the petitions submiited on April 9, 2009 for the removal of the Mayor by recall, I have consulted vrith our legal counse! Adam W. Loukx, Acting Director of Law, and with outside legal counsel Donald McTigue. Both have given the same opinion. I hereby determine that the petitions are not insufficient due to lack of Ohio R.C (J) language. P!ease notify me by April 19, 2009 if the petition has been signed by at least 25% of the electors voting at the last regular City efeotion for Mayor. I wiil make a final determination of sufficiency at that time. Thanks! EXHIBIT D

64 Date: April 20, 2009 To: Linda R. Howe, Director, Lucas County Board of Elections Mayor Carletori S. Finkbeiner From: Gerald E. Dendinger, Clerk of Council Subject: Mayor Recall Petitions Please accept the letter as certification pursuant to Section 87A of the Charter of the City of Toledo, Ohio. Attached is a copy of a letter I received on April 17, 2009 from Linda R. Howe, Director, Lucas County Board of Elections, whereby the necessary number of valid signatures are on a petition for the removal of the Mayor by recall. Hence, I find these petitions to be sufflcient. I hereby request the Lucas County Board of Elections to fix a day for holding the recall election at the next regular municipal election, November 3, erafd E. Dending Clerk of Council Received: k-0 Linda R. Howe, Director Lucas County Board of Elections 4 Date signed Received: Mayor Carleton S. Finkbeiner Date signed EXHIBIT E

65 Pro:posed Charter FOR THE City of Toledo Prepared and Proposed by The Charter Commission Election Day-Tuesday, Nov. 3, 1914 EXHIBIT F

66 TABLE OF CONTENTS. Chapter. Page I-$ow and When Charter Takes Effect-Constructi-on...:... 7 II-Pozlers of the City III-Nominations and Elections ii IV-Leb slative Powers and Duties..... : V-The Executive...' VI-Initiative, Referendun-i and Recall VII-Administrative Departments and Divisions VIII--The Civil Service Commission IX-Commission of Publici,ty and Efficiency X-Commissions of the Sinking Fund and of City Plan... 6i. XI--Assessments and Improvements :. 63 XII-Franchises..,,.-., XIII-Contracts ;:..,,. <., XIV-StiU-Divisions and Dedications

67 CHARTER OF THE CITY OF TOLEDO 31, the office of mayor. The vacancy thus created in the council shall be filled as other vacancies, and the council shall elect another president pro tempore. CHAPTER VI. THE INITIATIVE, REFERENDUM AND RECALL. The Initiative Sections "I'he Referendum Sections The Recall - - Sections General Provisions Sections 92-Ioo Ordinances May Be Initiated, SEC'rrot.* M. Ar v proposed oi-dinance may be submitted to the council by petition filed with the clerk and signed by electors of the city equal in ntunber to twenty per cent of the first choice votes cast for mayor at the preceding election. Duty Of Council When Petition Sufficient. SECTION 76. If the certificate of the clerk shows the petition to he sufficient, he shall submit the proposed ordinance to the council at its next regular meeting. The council shall at once proceed to coasider the sanie and shall take final action thereon within thirty days from the date of the submission thereof. If the council fail to adopt such proposed ordinance it shall be subrr.itted to the vate of the electors in the saine manner as for an ordinance upon which a referendum vote is demanded. Proceedings for Referendum When Council Amends. SGCTION 77. If the conncil pass. the proposed ardinance with amendment substantially changing its tenor or effect, the ordinance in its original fann shall be submitted to a vote as in the case of failure to pass in any form, provided that the proponents thereof secure and cause to be filed with the clerlc, vithin fifteen days after final action by the council, an additional petition for the adoption thereof sigried by electors of the city equal in niimber to one per cent of the first choice votes cast for mayor at the last preceding eiection; provided that no elector having signed the original petition for such ordinance shall be eligible to. sign the additional petition. If the ordinance as originally proposed is adopted by the electors, the amended ordinance as passed bv the council shall be with-

68 32 CHARTER OF THE CITY OF TOT.EDO out effect, and in any case the operation of such amended ordinance shall be suspended until a referendun-i is possible to be had. Ordinance to Repeal May be Initiated. SECTion* 78: Proposed ordinances for repealing any existing ordinance in whole or in part may be submitted tq the council as provided in the preceding sections for initiating ordinances. Cornpuasory Referendum of Certain Measures-Franchises SECTION 79. No ordinance or resolution for public improvement involving the expenditure of five hundred thoasand dollars or inore, or for the granting of a general public utility franchise shall he effective until the same shall be approved by a majority vote of the electors. A general public utility is one in which all the people of the city may have an interest. Duty of Clerk to Request Election Thereon. SECTION 80. Within five days after the passage of an ordinance or resolution within the provisions of the preceding section, the clerk or the cotmcil shall request the election authorities to call a special. election to be held not less than thirty uor more than fifty days after the passage of such ordinance or resoltttion. Referendum on Petition. SECTmx 8.t. Every ordinance passed by the council shall be subject to the referendum if at any time within thirtv days' a peti±ion signed bv electors equal in number to fifteen per cent of the first choice votes cast for mayor at the preceding election be filed with the clerk, requesting that such ordinance be stibmitted to the people for consideration. Ballots on Referendum. SECTION 82, The ballots used in voting upon any measure submitted to the electors for approval shall contain the. title and text thereof and underneath the.two propositions. "For the ordinance (resoltttion or atnendment)," and "Against the ordiuance (resolution or amendment).." Immediately at the left of each proposition there shall be a square in which by making a cross (X) the voter may vote for or against the proposition.

69 GHAIiTF.R OF T$E CITY OF TOLEDO Special Referendum Elections. - SECTIOx 8g. The ordinance on which a referendum vote is demanded by petition shall be subniitted at a special election held not later than thirty davs after the clerk has certified to the election authorities that th.e petition for submission is in accordance with the requirements of this charter; but if a regular e:ection is to be helcl within six months, such ordinance shall be submitted at the regular election. Li ffect of Approving Vote.. SECTroN1,84. if a majority of the votes cast be in favor of a meastire subtnitted to referendwn, the same shall thereupon beconie adopted, as if it had been passed bv the council and apprnved by the mayor; or, in case of an amendment to this charter, it shall hecome of full force as a part thereof. Emergency Measures Subject to Referendum. SECTrox 85. An emergency measure shall be subject to referendum as other ordinaiices or resolutions. If, upon a referendum, it be not approved, it sl-iall stand repealed, but any expense incurred in accordance with the provisions thereof and before the disapproval by referendurn shall be paid under the authority fhereof as if the measure were still effective. Power of the Council to Amend or Repeal. SECTION 86 After the expiration of three months from the taking effect of any measure initiated or approved by the people on a referendum, other thar amendment to this chartet. the coi.mcil xnay a;nend or repeal the same. or any provision thereof, provided that on final passage of the amending or repealing meas.ire the concurrence of two-thirds of the members of"the council shall be necessary, and at least ten days shall intervene between the second and third meetings!hereof. Recall of Officers by Petition. SECTION 87. Any elective officer provided for in this charter shall be subject to recall by petition to be filed with the elerk of the council. In casw of an officer elected froin the city at large, the petition requesting a recall election shall be signed by electors equal in number to twenty-five per cent of the first cho^ce votes cast frnr mayor at the preceding election. If the recall petition is circt4ated against an officer elected

70 34 CIIARTER AF THE CITY OF TOLEDO frotn a ward, it shall be signed by electors equal in number to twenty-five per cent of those who voted in said ward at the:last regr4ar city election. But no recall petition shall be circulated against said officer tintil he shall have held his office for at least six nonths. Validity of Recall Petitions. SEcTCor 88. No signature to a recall petition appended thereto less than six months subsequent to the beginning of the term of the officer affected, shall be vajid.. Petitions shall be signed and authenticated as required of petitions for submitting ordinances to the council. Proceeding When Petition Sufficient. SEcz IoN 89. When a recall petition is fotmd hy the clerk to be sufficient, he shall at once notify the officer sought to be recalled. If the officer shall offer his resignation, it shall be accepted and take effect on the day offered, and the vacancy,shall be filled as elsewhere Provided in this charter. If he.shall not resign within five days after the issuance of such notice, the clerk shall request the election authorities to call a special. election to detelinine whether the people will recall such officer. Such election shall be held not less than forty nor more than sixty days after the petition has been presented to the clerk. Conduct of EElection-Candidates-Ballots. SECTION go. The officer sought to be recalled shall be deemed a candidate unless he shall have resigned, and his name shall be placed on the election ballots withoait noinination. Not more than two other candidates for the office may be nominated in 'che manner provided herein for the. nomination of elective officers; pt-ovided that a primary election for the nomination of such candidates shall be held not less than ten days before such recall election, that nominating petitions shall be filed not less than twenty days before such primary, and that persons whose natnes have been submitted for candidacy at said primarv shall file acceptance not less than fifteen days before suc.h primary. The election shall be conducted and its resultdetermined as in.the case of any other municipal election. On the ballots for such election there shall be printed, in not more than two hundred words, the reasons set forth in the petition f.or demanding the recall o'f the officer, and in not more than two hundred words, the officer's justification of.

71 CIIAETER OF TFSE CITY OF TOLEDO 35 his course in office. The person elected shall hold office for the renainrler of the terii-i, whether it be the person against whom the recall petition was filed or another. After such election has been held, the validity of the recall petitian shall not be questioned. L`mitation on Recall Elections. SECrION gi. No elective officer shall be subject to recall niore than once dt.irin2 the terni of office for which he was originally elected. Requirements.of Petition. SErrroN 92. A petition for recall, or to initiate an or= dinance, or for a re[erenduiii of an ordinance or resolutian, or of an amendment to this char:2r, need not be made on one paper, but may be the aggregate of two or inore petitio n papers. Each signer of a petition paper shall sign his name in ink or indelibl.e pencil, and shall place thereon, after his nanle, his place of residence by street and number. To each paper there shall be attached an affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the.persori whose.zlame it purports to be, and that it was Inade in the presence of the affiant. Uniformity of Petition Papers. SFCTION 98. Petition papers circulated with respect to any proposition shall be uniform in character and form. The clerk shall determine and keep on file fo rms of. blahks to be used in the several instances of petition, and all. petition papers shall conform to sech forms, respectively. What the Petition Shall Show. SECTION +3. If *he petitian is for recall, eachpetition paper shall state the nan-ie qf the officer in question and shall contain a statement, in not over two hundred words, of the reasons urged for recall. If the petition is to initiate an ordinance, or to refer an ordinance or resolution, ar for an amendment to this eharter, each petition paper shall set forth the proposed measure in fyill. Every petition, whether for recall. or other purpose., sha.ll bear the names of five electors whose names shall appear on each petition paper, and who shall there= on be designpted as the proponents of the proposition of the

72 36 CHARTER OF THE CITY OF TOLEDO petitioa, and who shall be recognized as the committee in charge thereof. Clerk to Determine Sufficiency of Petition. SECrioN 95. The clerk shall determine the sufficiency of a lietition (vit.hin ten days after the same is filed with him, and endorse his certificate thereon. When supplemental petition papers are filed, as herein provided, the clerk shall determine the sufficiency of the petition as supplemented within ten days and endorse thereon his finding. Supplementing Insufficient Petitions. SECTION 96. If the clerk certifies that a petition for recall, or to initiate an ordinance, or to amend this charter, is insufficiently signed, the same may be supplemented by the filing.with the clerk, within fifteen days, of an additional petition paper or papers, prepared, signed and authenticated as in the case ov the original petition. Effect of. Clerk's Decision. - SECTION 97. The final decision of the clerk that a petition is insufficient, shall not prejudice the filing of a new peti= tion for `.he same purpose. The finding of the c.lerk as to the sufficiency of a petition shall be a final order. Duty of Clerk When Petition Sufficient. SECTION 98. After the clerk determines that a petition is sttfficient, he shall certify the fact to the council, and, if the petition requires an election, also to the election authorities, of whom he shall request that provision for.an election be made.. Notice of Election. SECTION 99. In case of a recall or a referenduni election, not less than twenty days before the date thereof, and on the tenth day before said clate, the clerk shall cause to be published, in two t;nglish daily newspapers of general circulation. in the citv, a notice of such election. If it is a recall election, the notice shall state the name of the officer in question, shall set forth the reasons stated in the recall petition, and shall give, in not more than two hundred words, the officer's defense. If a referendum election, the notice shall set forth a true copy of the meastire as given.in the petition therefor.

73 Publication of Initiated Ordinances. SECTION roo. Initiated ordinances, if passed by the cotmcil,'shall be ptrblished as in case of measures originating in the council. Ordinances or resoiutions. or amendments to this charter, adopted upon a referendum, need not be subsequentlypublished, but a statement that they are effective as a result of the referendwn, giving the ftdl title of eacli ap proved, shall be made in the city journal. CHAPTER VII. AD]4IN]::TRATIVE DF.PARTMENTS AND DIVISIONS. Administrative Departments and Divisions. SECTION ioi. The following administrative departments and divisions thereof are herehv established by this charter: i. Department of Law. 2. Department of Finance. (a) (b) (c) (d) Division of Accounts. Division of Treasury. Division of Purchases and Supplies. Division of Assesslilents and Licenses, 3. Department nf Public Service. (a) (b) (c ) (d) Division of Engineering and Construction. Division of Streets. Division of Harbor and Bridges. Dii ision of Markc ts and Public Buildings, 4. Department rf Public Safety. (a) Division of Police. (b) Division of Fire. (c) Division of Inspection. (d) Division of Weights and Measures. Department of Public Welfare. (a) Division of Health. (b) Division of Cemeteries.. Recreation and (c) Division. of ' Plavgrounds, Amusements. (d) Division of Charities and Corrections. (e) Division of La bor. (f) Division of Parks and Boulevards,

74 T U ^ 'e kt 1 ' & NOV13+n Proposed Amendment to The Charter of the City of Toledo Toledo, Ohio, 1934

75 ^ PgOPOSAL That Certain Sections of the Charter of the City of Toledo Be Amended'to Read as Follows: Section 5. Amending Charter. Any amendment to this charter may be submitted to the electors of the city for adoption by resolution of the council, two-thirds of the members thereof concurring, and shall be submitted when a petition is filed with the clerk of the council setting forth the proposed amendment and signed by.not less than ten per cent of the electors. In either case the proposed amendment shall be voted upon at the next regular municipal election if one shall occur not less than sixty nor more than one hundred and twenty days after the passage of an ordinance therefor by the council. Otherwise, a special election shall be called and held within the time aforesaid for the consideration of such proposed amendment. It shall be the duty of the clerk to notify the election authorities of the adoption by the council of an ordinance for submission of a proposed amendment or of his determination that a sufficient petition for submission has been flled wi-th him; and he shall request the election authorities to provide for an election as aforesaid. Not less than thirty days prior to the election, the clerk shall mail a copy of the proposed amendment to the registered electors. to nominating petitions need not be appended to one paper but to each separate paper there shall be attached an afrdavit of the circulator thereof, stating that each signature thereto was made in his presence and Is the genuine signature of the person whose name it purports- to be. Each signer of a petition shall sign his name in ink or indelible pencil and, after his name shall designate his residence by street and number, or other description suflicient to identify the place, and give the date when his signature was made. If any elector signs petition for more than one candidate, his signature shall be invalid except as to the.petition first filed. Section 13. Form o^f Petition: The form of nominating petition papers shall be substantially as follows: We, the undersigned, here present...:...whose residence is... Toledo, Ohio, as a candidate for the council, to be voted for at the election to be held on the...day of November, ; and we individually certify that we are qualified to vote for candidates for the council, and that we have not signed a petition nominating any other person for the council n to be voted for at suchelec-..."..... eeo...-"., e e i III-NOMINA4IQN$,ANfl:.: 1-tamq ; $treet and Number I)ate ELECTION& ^ ', _.,..^...a.-^...:.: Section 11. Election Auth9r t4e '^.1` «^ i.:.-...,.. City Election Date. All etectipnsp>±o- ^^t^e of,q0; Lucas County, sfij vided for by this Chart'ep^ Whetkies w , 9)@Yng duly sworn, 4eposes for the choice of officera or th 'sub= aftnd'says th at he is the circul tor of mission of questions to the voters, lhis petitwn paper and that t' e sigshall be conducted by thq ;ece QtiqYi Z^na$ures appended thereto wer^ made authorities prescribed by generai. fh Yfi^s;prqsence, and are the g;e^^nuine laws; and the provisions of 'th9 gdn-" o.s{giratures of the personsthey pur- eral election laws of the state shall apply to all such elections except in the counting of -the ballots and as pnovision is otherwise made by this Charter. A regular city election for the choice of members of the council shall be held on the first Tuesday after the first Monday in November In the odd-numbered years. Section 12. Nomination by Petition -Required Signaturea-How Signed- Other Provisions. Any person eligible to the council may be placed in nomination therefor only by a petition filed in his behalf with the election authorities and signed by not less than flve hundred nor more than seven hundred electors. Signatures 2 port to be. Sign ed ^... Subscribed and sworn to befdre me this.--...day of...'-, : s Notary Pu^1ic. Section 14. Filin.g Date of Petitions -NotiBcation-Aceeptanee. All`;separate papers comprising a nominating petition shall be assembled and filed with the election authorities as one instrument at least sixty days,prior to the time of holding the regular city election. Within ten days:after the filing of a nominating petition the election authbrities shall hotify the person named therein as a.candidate whether the petition is fotind to W sati^ Anyj natiq hav if, cati elecy ancel Sei P,all bers1 a'ithi and acco ther to tion, dida dica left. fille be I M I Pt first your posit You gard chol Do 0 site If v acro v- ofitce get Se nam shali tatio Th man for of b vide quoti num serie ballo be a of th first place print Peate been ballo in ta ous conta ber so fa be co^ or m not x ward on th

76 /4^ satisfy, all the prescribed conditions. Any eligible person placed in nomination hereinbefore provided shall have his name printed on the ballots if, within five days after such notification, he shall have filed with the election authorities a written acceptance of the nomination. Section 15. No Party Embiems on Ba11ot. Ballots used in electing members of the city council shall be without party mark or designation, and shall be marked by the electors according to the instructions printed thereon under the heading "Directions to Voters," as specified in this section. Except that the names of candidates shall appear in the spaces indicated therefor and that the spaces leftfor date of the election shall be filled with such aate, the ballots shall be in form substantially as follows; MUNICIPAL ELECTION November......, 19...:. Mark Your Clioice With Numbers, Not Crosses Ward... No. of Ward Precinct... Letter of Precinct Directions to Voters Put the number 1 opposite your first choice, the number 2 opposite your second choice, the number 8 opposite your third choice and so on. You may express thus as many choices as you please without any regard to the number being elected. Do not put the same flgure opposite more than one name. If you spoil this ballot, tear it across once, return it to the.election officer in charge of the ballots and get another from him. Section 16. Rotation of Names. The names of candidates for. the council shall be vrinted on the ballots in rotation as follows: number of ballots for the counting place with a record of the council The ballots shall be printed in as `'^'lwhich they have given out' to be many series as there are candidates voted. At the central counting place for the council. The whole number IZ) the ballot boxes shall be opened and of ballots to be printed shall be di- Cn the number of ballots found therein vided by the number of series and the -,^ recorded and compared with the quotient so obtained shall be the records sent from the polling places. number of ballots printed in each The records thus compared shall be series. In printing the first series of ^ made available to the public with ballots the names of candidates shall notations explaini.ng any corrections be arranged in the alphabetical order made therein. If any discrepancy apof their surnames. After printin g the Z)" pears which can not be reconciled, it first series the first name shall be shall be shown on the records. All placed last and the next series printed, and this process shall be repeated until each name shall have been printed first in one series. The ballots so printed shall be combined in tablets to be'supplied to the various voting places. Each tablet shall contain substantially the same number of ballots from each series, and so far as practicable, the ballots shall be combined in such manner that two or more from the same series shall not be together in a tablet. The ward and precinct shall be designated on the face of the ballot. Section 17. Voting for Candidatea 113 Not Regularly Nominated. A blank space shall be left on the ballots below the printed names of the candidates. In such space an elector may write, stamp, or paste the name of any personeligible to the co uncil and vote for him by marking a number opposite his name to indicate a choice. Any person so voted for shall be considered a candidate in the counting of the ballots 3ust as If he had been regularly nominated. Section 18. Central Counting Place -Counting Force, Etc. Previous to every election of the council the election authorities shall designate a central counting place where the ballots may be brought together and counted publicly, appoint a competent person to act as director of the count, employ a sufficient staff of assistants, and make suitable arrangements for the counting of the ballots subject only to the provisions of this Charter. Section 19. Sealing the Ballot Boxes as Soon as the Polls Have Closed. The election officers in each election precinct shall open any ballot box or boxes used for ballots to be counted py them, sort out immediately any councilmanic ballots which may have been mistakenly deposited therein and deposit any such ba110ts in the counciimani0 ballot box. Thereupon they shall seal the councilmanic ballot box without opening it, placing the seal over the aperture for depositing ballots, and causing the signatures of the election officials and all watchers for councilmanic candidates present, to be placed thereon in such a way that nothing can be deposited in the box through the aperture without breaking the seal and the signatures thereon. The precinct election officials shall send such ballot box at once to the central ballots found in the ballot boxes which bear no evidence of having been improperly cast shall be accepted. Section 20. Valid and Invalid Ballots. The ballots in each ballot box shall also be examined for validity and those which are found to be Snvalid or blank shall be separated from the rest. The number of valid ballots shall be recorded. A ballot shall be held to be invalid if it does not clearly show which candidate the voter prefers to all others or if it 3 ^,^.: - ^ ^^

77 1 l contains any word, mark or other sign apparently intended to identify the voter. Every ballot not thus Invalid shall be counted according to the intent of the voter so far as that can be clearly ascertained, whether marked according to the directions printed on it or not. No ballot shall be held invalid because it is marked in ink or indelible pencil or because the names of candidates thereon for whom the voter did not mark a choice have been stricken out. A single cross on a ballot on which no figure one appears shall be considered equivalent to the figure one. If a ballot co.ntains both flgures and crosses the order of choice shown by the flgures shall be taken as the voter's intention in so far as the order is clearly indicated. If the consecutive numerical order of the flgures on a ballot is broken by the omission of one or more figures, the smallest number marked shall be -taken to indicate the voter's first choice, the next smallest his second, and so on without regard to the figure or figures omitted. Section 4d.. Rules for Determining the Results. When all councilmanic ballots have been checked for number and validity, the valid I;allots shall be examined and the results determined under the direction of the director of the count, according to the following rules: (1) The ballots shall be counted by precincts In an order of precincts determined by lotby the Board of Elections or by the director of the count immediately before the opening of the count, and shall then be numbered serially as they are drawn from the ballot box for sorting. The ballots shall flr'st be sorted to the credit of the flrst choices marked on them. (2) Each candidate shall be credited with one vote for every ballot that is sorted to him as first choice, or otherwise credited to him as hereinafter provided, and no ballot shall ever be credited to more than one candidate at the same time. (3) The quota of votes sufflcient for the election of a councilman shall be the smallest number of ballots which could be received separately by each of nine candidates but not by ten. It shall be determined by dividing the total number of valid ballots by ten and adding one to the result, disregarding fractions. (4) Whenever at any stage of the counting, the number of ballots credited to a candidate become equal to the quota, he shall be declared elected and no ballots in excess of the quota shall be credited to him except as provided in Rule (6) of this section. (5) If a candidate is elected while the ballots are being sorted according to flrst choices, any subsequent ballots which show him as flrst choice shall be credited to the second choice marked on it, or if the second choice 4 has also been elected, to the next choice marked on it for a candidate not yet elected. (6) If during the first sorting of ballots, some.ballots are found which are marked for a candidate already elected as flrst choice, but show no clear choice for any unelected candidate, such ballots shall at the end of the sorting be given to the candidate of their first choice and in their place an equal number of the last ballots sorted to that candidate whichdo show a clear choice for unelected candidates shall be taken out and resorted to unelected candidates as if they were being sorted for the flrst time. (7). When all the ballots have been thus sorted and credited to the first available choices marked on them, every candidate who has fewer than five hundred ballots to his credit shall be declared defeated. (8) All of the ballots of the candidates thus defeated shall be transferred each to the candidate indicated on it as next choice anzong the continuing candidates. A "continuing candidate" is a candidate not yet elected or defeated. Any ballot taken for transfer which does not clearly indicate any candidate as next choice among the continuing candidates shall be set aside as "exhausted." (9), When all the ballots of the candidates thus defeated have been transferred, the one candidate who is then lowest on the poll shall be declared defeated and all his ballots transferred in the same way. (10) Thereupon the candidate who is then lowest shall be declared defeated and all his ballots similarly transferred: Thus, candidates shall be declared defeated one at a time and all their ballots transferred. (11) If when a candidate is to be` declared defeated, two or more candidates are tied at the bottom of the poll that one of the tied candidates shajl be declared defeated who was credited with fewest ballots just before the last transfer of ballots. If two or more of the tied candidates were tied at that stage of the count also, the second tie shall be decided by referring similarly to the standing of the candidates Just before the last transfer of ballots before that. This principle shall be appliedsuccesslvely as many times as may be necessary, a tie shown at any stage of the count being decided by referrin g to the standing of the tied candidates )ust before the last preceding transfer of ballots. Any tie In the counting procedure not otherwise provided for in this section shall be decided by lot. In interpretin- this and other rules, the transfer of all ballots from candidates defeated together under Rule (7) and the transfer of all ballots from each candidate defeated thereafter shall each be considered a single separate transfer.

78 t g ;t n y e (12) If at any time candidates to the number to be elected have rer;eived the quota, any transfer of ballots in progress when the last quota was reached shall be coinpleted, but immediately thereafter all continuing candidates shall be declared defeated and the election shall be at an end. (13) If at any time all ballots of any defeated candidates have been transferred and it is impossibleto defeat another candidate without reducing the continuing candidates below the number still to be elected, all the continuing candidates shall be declared elected and the election shall be at an end. However, the transfer of votes of the last defeated candidale shall be completed for the purposes of record. (14) A record of the count shall be kept in such form as to show after each sorting or transfer of ballots the number therebv credited to each candidate, the number thereby found exhausted, the total for each candidate, the total found exhausted, and the total number of valid ballots found by adding the totals of all candidates and the total found exhausted. (15) Every ballot that is transferred from one candidate to another shall be stamped or marked. so that its entire course from candidate to candidate can be conveniently traced. (16) If at anv time after the first sorting of the ballots, a ballot is found to have been misplaced, It shall be transferred as part of the transfer that is in progress to that one of the continuing candidates for whom it should have been counted at the time the error was discovered; or, if no clear choice among these candidates' is indicated on ic, it shall be set asiae as exhausted; provided, however, that if the number of misplaced ballots found indicates that the list of continuing candidates may be incorrect, so much of the sorting and transferring as may be required to correct the error.shall be done over again before the count proceeds. if in correcting an error any ballots are resorted or retransferred, every ballot shall be made to take the same course that'it took in the ori ginal count unless the correction op. an error requires its taking a different course. These principles shall apply also to any.recount exceptin connection with the filling of a vacanc y which may be made after the original count has been completed. (17) Before any candidate is declared,elected, the ballots credited to him shall be examined by a board of review appointed by the election authorities, whose members shall satisfy themselves that all of the said ballots are properly credited to him and have been correctly counted. Any errors discovered by such a.board of review shall be forthwith corrected. The election authorities may at their discretion, appoint one, or more than 5 one, s.uch board of review and shall notify all the regularly nominated candidates at least five days iin advance how many such boards are to be appolnted. On each such board of review the election authorities shall include one representative nam ed bv any three or more regularly nominated candidates who request, such appointment in writing. (18) Witnessing Count. The candidates or their agents and representatives of the press, shall be afforded every facility for being present and witnessing these operations; also the public, as far as may be consistent with good order and with convenience in counting and transferring of the ballots. (19) Recesses and Keeping Ballots. The director of the count and his assistants shall proceed with reasonable expedition in the counting of the ballots, but may take recesses or adj.eurn from day to day at the discretion of the director. The Board of Elections shall make proper provision for the safe keeping of the ballots while the counting is not in progress. (20) Bfechanical Devices. The council shall have power to provide for the use of mechanical or other devices for making and sorting the ballots and tabulating the results, and to modify the form of the ballot, the directions to voters, and the details in respect to the method of counting and transferring ballots accordingly; provided, however, that no change shall be made which will alter the principles of the voting or of the counting. Section 22. Preservation of Ballots. The ballots cast at each election of the council shall be preserved by the election authorities for examination and recount in the manner provided by the General Code of Ohio for ballots in municipal elections. Section 24. Witnesses, Challengers and Inspectors. At each municipal election any six (6) or more candidates for council who shall file a written application with the election authorities at least ten (10) days before said election, shall be entitled to exercise all the rights now or hereafter granted by the election laws to a political party in regard to the appointment of witnesses, challengers and inspectors of election at the polling booths. In addition to such rights, said group of candidates shall be entitled to appoint two witnesses to the count in the central counting place. Application for the appointment of such witnesses to the count must be made in writing to the election authorities at least ten days before the election. Credentials shall be issued by the election authorities to such witnesses to the count, which shall grant such witnesses full power and authority to move anywhere within the central counting quarters, to inspect all

79 activities of the count and to exercise all rights and powers. conferred on witnesses and inspectors of election under the election laws. Section 25. Mode of Nomination and Election for Certain Offices. The mode of nomination and election for clerk of Municipal Court and any and all other elective officers (except members of council) that are or may hereafter be provided for by statute or otherwise for the purpose of carrying on the functions of the government of the City of Toledo, or duties incident thereto, shall be in the manner provided by statute for the nomination and election of judges of the Municipal Court of the City of Toledo. Section 26. The Council. Except as reserved to the people by this Charter, the legislative power of the city shall be vested in a council of rdne (9) members. Councilmen shall be eiez'ted for a term of two years commencing on the first day of January next after their election, and shall serve until their successors are elected and qualified. Vacancies in the council shall be filled by election by the council for the unexpired term. Members of council shall be elected at large as provided in this Charter. Section 28. Quaiiflcations -of Councilmen. Members of council shall have the qualifications of electors of the city and shall have been residents therein for at least three years. Councilmen shall not hold any other public office or employment except that of notary public or member of the state militia, and shall not be interested in the profits or emoluments of any contract! ^ob work or service for the mumcipa)'ity. Any member who shallicease to possess any of the qualifications herein required shall forthwith forfeit his offlce. Section 31. Salary and Attendance of Councilmen. Each member of the council assuming office January 1, 1936, and thereafter, shall receive as compensatiorn the sum of three thousand six hundred dollars per annum, payable semi-monthly. For each absence of a member from regular meetings of the council, unless authorized by a two-thirds vote of all members thereof, there shall be deducted a sum equal to two per cent of his annual salary. For each absence of a member from a council committee meeting, whether regular or called, unless authorized by a twothirds vote of all members of the council, there shall be deducted a sum equal to one per cent of his annual salary. Absence from ten consecutive regular meetings of the council, or from ten consecutive committee meetings, shall operate to vacate the seat of a member, unless such absence be authorized by the council. 6 Section 33. Offieers and Employees. The council shall choose a clerk and such other officers as are necessary who shall serve at the pleasure ois the council. The clerk and employees shall hold over until the new council is organized. Section 40. Votes Necessary to Pas Legislation. No ordinance or res lution shall be passed unless a majo ity of all the members of the counc 1concur therein; provided, howeve, that any ordinance or resolution wpich is an emergency measure shall require a vote of two-thirds of all th& members, of council, and a separate vote shall be taken upon the emergency clause. Section 43. Emergency Measures- Limitation-Definition. No ordinance or resolution shall be passed. as an emergency measure unless an emergency exists in fact, and a statement of the fact and nature thereof shall be set forth in a separate section. An emergency measure is one dealing with the Immediate preservation of the public peace, health, safety or property, and an ordinance appropriating money may be passed as an emergency measure. No measure making a grant, renewal, or extension of a franchise, or of a special privilege, or regulating rates to be charged for service by any public utility shall ever be declared an emergency measure. Section 45. City Manager9s Estimate. The fiscal year of the city shall begin on the first day.of January. On or before the fifteenth day of November of each year, the City Manager shall prepare an estimate of the ezpense of conducting the affairs of the city for the following year. The estimate shall be compiled from detailed information obtained from the various departments on uniform blanks prepared by the city auditor, andshall set forth: (a) An itemized estimate of the expense of conducting each department. (b) Comparisons of such esttmates with the corresponding items of expenditure for the last two complete flscal years, and with the expenses of the current flscal year, plus an estimate of expenditures necessary to complete the current fiscal year. (c) Reasons for proposed increases or decreases in such items of expenditures compared with the current fiscal year. (d) A separate schedule of each department showing the things necessary for the department tododuring the year, and things desirable tp do If funds permit. (e) Items of payroll increases as either additional pay to present em-.ployees or pay for more employees. (f) An estimate of the anticipated Income of the city from taxation and other sources to meet current expenses for theflscal year. i bi stl s$ n y Iid 1 p^ pli a a s11 G a jea foil vid mo tio fir S, Be as use

80 (g) A statement of the amounts to be appropriated: For interest on the city debt. For paying off any serial bonds maturing during the year. For the aggregate for the year of the Installments required to be appropriated annually during the life of all other bonds of the municipality in order to accumulate sinking funds sufficient to pay off such bonds at maturity. (h) The total amount of outstanding gross and net debt of the city, classifled as to limits on such indebtedness, with a schedule of maturities of outstanding generai bonds classifled to show those for which debt service levies are made inside and outside the limits on the tax rate. (1) Siich other information as may be required by the council. ' The total items of current expense in the budg et and appropriation ordinance shall not exceed the amount available for such purpose as provided by law. The City Manager shall submit the estimates thus prepared to the council and at least one thousand copies thereof shall be printed for distribution to citizens who may call for them; and the substance thereof shall be printed in the city journal. Section 46. Appropriation Ordinance -Hearings. Upon receipt of the City Manager's estimate, the couricil shall at once prepare an appropriation ordinance, using the City Manager's estimate as a basis. Provision shall be made for public hearings upon the appropriation ordinance before a committee of the council or before the entire council sitting as a committee of the whole. Following the public hearings, and before the -third reading for final passage, the appropriation ordinanceshail be published in the city journal with a separate schedule setting forth the items asked for in the City Manager's estimate which were refused or changed by the council, and the reasons for such change or refusal. The council shall not pass the appropriation ordinance until flfteen days after its publication, nor before the first Monday in January. Upon passage of the appropriation ordinance by the council, it shall be published in the manner provided for other ordinances. The annual appropriation ordinance and any amendment or supplement thereto shall be in the form prescribed by the General Code of Ohio, and the amounts appropriated shall be subject to the limitations therein set forth. Unless the ordinance specially provides otherwise in any instance, not more than one-half of any appropriation shall be expended, before the first day of July in the current year. Section 48. Appropriations Not To BeDivertefl. Moneys appropriated as hereinbefore provided shall not be used for.other purposes than those designated inthe appropriation ordinance without authority from the council. The City Manager and the city auditor shall supervise all departmental expenditures within the appropriations. Section 56. Presiding Officer to Sign. Any ordinance or resolution passed by the council shall be signed by the presiding officer thereof, and shall become effective in accordance with the provisions of this Charter. Section 611. In What OfYicers Vested. City Manager-SeDection-Term-Reaioval-Provision Dnri,ng Absence- No Interference-Duties and Powers. The council shall appoint a City Manager who shall be the chief executive and administrative officer of the city. He shall be appointed solely on the basis of his executive and administrative qualifications and need not, when elected, be a resident of the city or state. No member of the council shall be chosen as City Manager. The City Manager shall be appointed for anindefinite term as hereinafter provided. He shall be removable at any time at the pleasure of the council. If removed at any time after he has served six months, he may demand written charges and the right to be heard thereon at a public meeting of the council prior to the date on which his flnal removal shall take effect, but pending and during such hearing the council may suspend him from office. The action of the council in suspending or removing the City Manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for any such suspension or removal in the council. The council may designate some other officer of the city to perform the duties of the City Manager during his absence or disability. The City Manager shall receive such compensation as may be fixed by the council. Except as to the City Manager, and except for special engagements by authority of council, every officer or employee must be a resident of the City of Toledo. (a) Neither the council nor any of its committees or members shall interfere in anyway with the appointment or removal of any of the officers and employees In the administrative service. Except for the purpose of inquiry, the council and its members shall deal solely through the City Manager with that part bf the administrative service for which the City Manager Is responsible. (b) It shall be th duty of the City Manager to act as chief conservator of the peace within the city; to supervise the administration of the affairs of the city, except as otherwise speciflcally provided in this Charter; to see that the ordinances of the, city and the laws of the state are enforced; to make all appointments and removals in the adminis-

81 fi. [n I.f II I 11 trative and executive service except as otherwise provided in this Charter; to make such recommendations to the council concerning the affairs of the city as may to him seem desirable; to keep the council advised of the flnancial condition and future needs of the city; to prepare and submit to the council the annual budget estimate; to prepare and submit to the council such reports as may be required by that body and to perform such other duties as may be prescribed by this Charter or required of him by ordinance or resolution of the council. Except as otherwise provided in this Charter, all other executive and administrative powers conferred by the laws of the state upon any municipal official shall be exercised by the Citv Manager or persons designated by him. Section 66. The Mayor. At its first meeting in January following the regular municipal election, the council shall choose one of its members as presiding officer, who shall have the title of mayor. The mayor shall preside at the meetings of the council :and perform such other duties as may be prescribed by this Charter or as may be imposed by the council consistent with his office. He shall have nopower of veto. He shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving eivil process, and by the governor for military purposes. In time of public danger or emergency, he may, with the consent of the council, take command of the police, maintain order and enforce the law. All appointments to be made by the mayor shall be with the advice and consent of a majority vote of all membera of the ^council. Section 67. Salary of Mayor and Vice-Mayor. The council may by ordinance provide for a salary to be paid the mayor and vice-mayor in addition to his salary as councilman. Section 69. Removals by the City Manager. The City Manager for good.cause may remove any officer or employee appointed by him. Before a member of either the civil service commission or the commission of publicity and efficiency may be removed, the City Manager must first give such commissioner a statement of the reasons entertained for removal, and afford him time to be heard. The statement should be in writing and a copy thereof given at the same time to the commission of publicity and efficiency. In other cases, and only on the demand of the officer or employee removed, the City Manager shall certify to the commission of publicity and efficiency his reasons for removal. A removal by the City Manager shall be final, subject to the civil service provisions of this Charter. Section 70. Seats in Coizncil. The City Manager, and such other officers of the city as may be designated by vote of the council, shall be entitled to seats in the council. None of said officials shall have a. vote in the council, but the City Manager shall have the right to discuss any matter coming before the council and the other officers shall be entitled to discuss any matter before the council relating to their respective departments and offices. Section 71. Investigation by the City Manager. The City Manager may without notice cause the affairs of any department or the conduct of any officer or employee to be examined. The City Manager or any person or persons appointed by him to examine the affairs of any department or the conduct of any. officer or employee shall. have the same Power to compel the attendance of. witnesses, and the produotion of books and papers and other evidence and to cause witnesses to be punished for contempt as is conferred upon.the council. Section 73. Vice-Magor-His Duties. The council shall alao at its flrst meeting in_.january following the regular election' choose one of its members as vice-mayor. The vicemayor shallperform the duties of the mayor during his absence or disability. In the event of the death, removal or resignation of the mayor or vice-mayor the council shall choose one of its members to fill the vacancy for the unexpired term. Section 75. Ordinances May Be Initiated. Any proposed ordinance may be submitted to the counctl by petition filed with the clerk and signed by the electors of the city equal in number to twenty per cent of the total number of ballots cast for councilmen at the preceding election. Section 77. Proceedings for Referenduin When Co'uncil Amends. If the council pass the proposed ordinance with amendment substantially changing its tenor or effect, the ordinance in its original form shall be submitted to a vote as in the case of failure to pass In any form, provided that thg proponents thereof secure and cause to. be filed with' the clerk, within flfteen days after flnal action by the council, an additionai petition for the adoption thereof signed by electors of the city equal in number to at least one per cent of the total number of ballots cast for councilmen at the preceding municipal election; provided that no elector having signed the original petition for such ordinance shall be eligible to sign the additional petition, and no signatures made or petition paper signed before action by the council on the original petition shall be valid for the additional petition. If the ordinance as originally proposed is adopted by the electors the amended ordinance as passed by, the council shall be wtth- al o. t)i s9 fy in P1 el, e t Hl asl Ln cel ori is bei th ad p r ca cle for ten Ca $

82 out effect, and in any case the operation of such arnended ordinance shall be suspended until a referendum is possible to be had. Section 81, Referendum on Petition. Every ordinance passed by the council shall be subject to the referendum if at any time within thirty days a petition signed by electors equal in number to at least flfteen per cent of the total number of ballots cast for councilmen at the preceding municipal election be filed with the clerk, requesting that such ordinance be submitted to the people for consideration..section 84. Effect of APprovLng Vote. If a majority of the votes cast be in favor of a measure submitted to referendum, the same shall thereupon become adopted as if it had been passed by council; or in case. of an amendment to the Charter, It shall become of full force as a part thereof. Section 92. Requirements of Petition. A petition to initiate an ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this Charter, need not be made on one paper, but may be the aggregate of two or more petition papers. Each ' signer of a petition paper shall sign his name in Ink or indelible Pencil, and shall place thereon, after his name, his place of residence by street and number. To each paper there shall. be attached an affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the afflant. Section 94. LVhat the Petition Shall Shoiv. If the petition is to initiate an ordinance, or to refer an ordinance or resolution, or for an amendment to this Charter, each petition paper shall set forth the proposed measure in full. Every petition, whether for initiating an ordinance or other purpose, shall bear the names of five electors whose names shall appear on each petition paper and who shall thereon be designated as the proponents of the proposition of the petition, and who shall be recognized as the committee in charge thereof. Section 96. Supplementing Certain Insufficient Petitions. If the clerk certifles that a petition to initiate an ordinance, or to amend this Charter, is insufficiently signed, the same may be supplemented by the filing with the clerlc within flfteen days, of an aflditional petition paper or papers, prepared, signed and authenticated as in the case of the original Petition. Section 99. Notice of Election. In case of a referendum election, the clerk, not less than twenty days before the date thereof, and on the tenth, day before said date, shall causq to be published in. the city journal, a notice of such election. The notice shall set forth a true copy of the measure as given in the petition or resolution. Section 102. Change In Divisions. The council may change, abolish, combine and rearrange the departments and divisions of the city gov-. erninent and combine and distribute the functions and duties thereof upon the written request of the City Manager. Section 104. Directors of Departments-Powers and Duties. A director of each department shall be appointed by the City Manager to serve during the pleasure of the City Manager. Each director shall have the supervision and control of his department, under and subject to the direction of the City Manager. He shall have power to prescribe rules and regulations not inconsistent with this Charter, for the conduct of the officers and employees of his department; for the distribution and performance of its business; and for the custody and preservation of the books, records, papers and property under Its control. Subject to the approval of the City Manager, the directors jointly shall establish and maintain regulations for the co-ordination of the work of, and co-operation In the service of, the several departments and divisions, to the end that efficiency and economy may be secured. There shall be a commissioner or chief in charge of each division who shall be appointed, d may be removed, by the City Yanager. The work of the several.iepartments shall be distributed among such divisions thereof as are established by charter or by ordinance. Section 10& Advisory Boards: With the approval of the City Manager, the director of a department may appoint a board composed of not fewer than three citizens qualified to act in an advisory capacity to the commissioner. of any division under his supervision. The members of any such board shall, serve without compensation and their duty shall be to consult and advise with the commissioner, but not to direct his conduct of the division. Any recommendations of such board shall be in writing and shall become a part of the records of the department, and a copy thereof shall be filed with the commission of publicity and efficiency. Public meetings of such board may be called by the commissioner for the consideration of the affairs of the division. The commissioner of the division shall be chairmari of such meetings. Section 107. Reports by Directors of Departments. Annually on such date as may be fixed by the council, the director of each department shall render to the City Manager a full report of the transactions of his department for the year, and at the 1 ^; 4 `:s ^ `-1

83 same time forward a copy thereof to the commission of publicity and efficiency, and at any time shall furnish to the council or City Manager such information relating to any departments as either may require. Section 120. Duties of Finance Director. The director of flnance shall supervise the general financial policy of the city. Except as to the duties Imposed by this Charter upon the city auditor, he shall supervise and control the various divisions of his department and perform such other duties as the council may by ordinance require. Section 121. Proposed Bond Issue- Duty of Director. When an issue of municipal bonds is proposed, before the same may be authorized, the city auditor shall prepare and furnish to the City Manager, to the council and to the commission of publicity and efficiency, a statement showing the condition of the city's bonded indebtedness, if any, of the class of the proposed issue, and payable out of the same resources, including amounts and times of maturity of such outstanding bonds, and the state of the Present resources out of which they are payable. If the proposed bond issue is for local improvements, the statement shall show the amount of bonded indebtedness for local improvements, then outstanding, any portion of which is to be paid as the city's share thereof. Section 122. Repo rt on Bonded Indebtedness. On or before the first day of January of each year, the city auditor shall report in detail to the City Manager, to the council and to the commission of publicity and efficiency, the state, character, amount and distribution of the bonded indebtedness of the city, including that for local improveinent. Section 125. Accounting System to Be Maintained. The city auditor shall be appointed by the mayor and shall be subject to removal at any time by a majority vote of council. He shall hold office until his successor is appointed and qualifled. The city auditor shall be the chief fiscal offlcer of the city as defined by the laws of Ohio, and shall perform the duties imposed by the General Code of Ohio on city auditors. He shall install and maintain accounting procedure in conformity with the preceding section and the laws of Ohio and shall prescribe the method of keeping accounts by all departments. He shall appoint his own subordi= nates. He shall require that daily reports be made to him by each department, showing the receipt of all moneys by each department and disposition thereof. He shall keep an account of all appropriations made by the council and all expenditures made or contracted to be made under such appropriations. He shall prepare and submit to the City Manager such in- 10 formation as shall be required by the City Manager for the preparation of the annual budget and such other information as he may require from time to time. Within sixty days from the close of each fiscal year, the, city auditor shall prepare an audit of the city for such fiscal year, and copies thereof shall be flled with the clerk of council and the commission of.^ publicity and efficiency. Section 126. Examination of Accounts of Officers. Upon the death resignation, removal or expiration oi the term of any offider, the city auditor shall examine the accounts of such officer, and if such officer be found indebted to the city, the city auditor shall immediately give notice thereof to the mayor and the director of law, and the latter shall proceed to collect such indebtedness. Section 127. When to Issue Warrants. No warrant for the payment of any claim shall be issued by the city auditor until such claim shall have been approved by the directof, of the department for which the indebtedness was incurred. Each director of a department and his surety shall be liableto the city for all loss or damage sustained by the city by reason of the negligent or corrupt approval of any claim against the city in his department. Whenever any claim shall be presented to the city auditor, he shall have power to require. evidence that such claim is in conformity with law and ordinance. For that purpose he may summon before him any officer, agent or employee of any department or any other person and examine iiim upon oath or affirmation relative thereto, which oath or affirmation he may administer. If the city auditor shall draw a warrant for any claim contrary to law or ordinance, he and his sureties shall be individually liable for the amount thereof. Section 128. ApproPriation Neeessary toexpenditurea. No money shall be drawn from the treasury of the city, nor shall any obl igation Por the expenditure of money be incurred, except pursuant to appropriations made by the council ir^ the manner provided by this Charter and the Genera.i.Code of Ohio. Section 130. Duties of City Treasurer. Except as otherwise provided in this Charter, the city treasurer shall, under the supervision of the director of fl nance, collect, receive, and disburse all public money of the city upon warrant issued by the city auditor. He shall also receive and disburse all public money coming into his hands as city treasurer, in pursuanceof such regulations as may be prescribed by the authorities having lawful control over such funds. Section 145. Suspension of Chief of Police or Fire Division. The City Manager shall have the exclusive right to suspend the chief of the di- ( con cu1 Of sio ma the ten som serv Suc ado sion shal seve Se a po fl.ed point servi corn

84 vision of police or flre, for incompetence, gross neglect of duty, gross inimorality, habitual drunkenness, failure to obey orders given by the proper authority, or for any just or reasonable cause. If either of such chiefs be so suspended, the City Manager shall forthwith certify the fact, together with the cause of sixch suspension tothe civil service commission. Within flve days from the recefpt of such notice, the commission shall pr.oceed to, hear such charges and render judgment whether the puspenslagu te^nlnat;e andi the officer be restored.'to ddty, ortwhe,ther he ^e dismissed from the service. The judg- ment of the, commission shall be,.a fipalaorkder..,. ; 4 ' Sec onn 1'71. Clixssi6es.t^o1Pbf-'Bervtce. The civil service of the city is hereby divided into the unclassified (not subject to the examination herein provided) and the classified service. (1), The unclassified service shall include: (a) Officers elected by the people. (b) The City Manager. (c) The city auditor. (d) Directors of departments and heads of divisions. (e) Members of boards or cominissions. (f) The secretary to the mayor, the secretary to the City Manager, and secretary for each departmant, and one for each board or commission, (^) The legal assistants to the director of law. such appointing power the names and addresses of the three candidates standing highest on the eligible list for the class or grade to which such position belofngs. The appointing power shall appoint to such position one of the three persons thus certified. When the eligible list contains fewer than three names, the appointing power may appoint from such names as shall be certifled'. If there is no eligible list for such position, or when the eligible list has been exhausted, and until a new list can be created, names may becertified 1'rom e,ligible 1i^ts most nearly_appropriate e$tified="'from an eligible 1istY more than three times to the same or similar position may be omitted from future certiflcations; butcertification for a temporary appointment shall not be counted as one of such certificates. Section 178. Political Activities. No person in the administrative service shall directly or indirectly solicit or receive, or be In any manner concerned In solicitihg or receiving any assessment, subscription or contribution for any political party or political purpose whatsoever. No person shall orally, or by letter,solicit, or be in any manner concerned in soliciting, any assessment, subscription, or contribution for any political party from any person holding a position in the classifled service. Any violation of this section shall operate to forfeit the office or position held by the per- son violating the same and shall (i) Ordinary The clerk unskilled op the eouncil. labor.render any such person ineligible to any municipal office or position for (2) The elassifled geyvzcq sha31; +^ r^tecj o^ clne year, comprise all positions nct+spei^cal^ty., included by this Charter.'in thb 13h-;,, ^Seet^iop SOO:: Board of Revision of classified service and shall be divided easl^e(gsments. The board of revision into a competitive and n3fi-;cbfnp'ef'i-. of assessmppts shall consist of the tive class. ; << ; it3t:m^,n^.@^eiq i' the director of law, the (a) The competitive cla^3s+shall ^n,. irector.o,,,tinance, the director of clude all positions and employments ^iz'blic* 'service, and the vice-mayor. for which it is practicable fo (jeybr-.the Ci^ya Manager shall be president mine merit and fitness of a^plic^n^s:. oj' ;t$g. pqa.rd, and the director of by competitive tests. ' finarnee shall be the secretary there- (b) The non-eompetitive class s'hall 'of. ' It 'skfall meet weekly at a Liine consist of all positions requiring pe- and place provided by its rules, and culiar and exceptional qualifications shall hear all claims and objections of a scientific, managerial, professional, or educational character, as may be determined by the rules of the commission. (e) Council may by ordinance extend the classifled service to include some portions of the unclassifled service as determined by this section. Such ordinance, however,, unless adopted by the civil service commission as part of its Code of Rules, shall require the affirmative vote of seven (7) members of the council. Section 173. Appointments. When a position in the competitive classified service is to be filled, the appointing power shall notify the civil service commission of the fact. The commijssion shall thereupon certify to 11 as to the character of all improve ments to be paid for in part or in whole by special assessments the necessity therefor, and the equiiy of the assessment as provided in the assessment report. A majority of those constituting the board of revision of assessments shall have power to determine all complaints and objections submitted. As to each improvement, the board shall, after such heartng, a.mend, equalize, and. adjust the assessment report, and shall report to the council its 8,ndings as to the necessity for the improvements, and any amendment it directs In the assessments. Section 22,5. Alterations or Modiflcations in Contract. When in the

85 L. W. DAVIS CLERK OF COUNCIL 317 Safety Bldg. Toledo, Ohio 972 ( / v TOLEDO l OHIQ prosecution of any workor improvement under contract, it becomes necessary to make alterations or modifications in such contract, such Section 237. For the purpo alteratxons or modifications shall be nominating and electing officer made only upon the wrxtten order of all purposes connected therewit the City Manager.. No such order for the purpose of exercising shall be effective until the price to be preliminary legislative powers paid for the work and material, or city council as are herein pr. both, under the altered or modifled these amendments to sundry se. contract, shall have been agreed upon of the Charter shall takeeffe in writing and signed by the ^on- the first day of January, tractor and the City Manager In be- other purposes such amendment _ half of the city. take effect on the first day of Section 228. Certl^,pa;t ìo.'u' :b'y;xcsi'tj* tir Anditor. No contract wha^l ;bs' rmrent shallsbe con n cuted or order involving the e'x'p^srndit" oe S s,a_, a^e manner as U. ture of money shall be mad, 1 amen ments were not adopted. there is attached ther t'^; e` t i ess.= t ^.u^xpicil 4ua"1axg the year 1935 ma e o, cer, ke' ^.. 9u9 of the city auditor that bh'g a..,... klmount. required to meet the say-n'e kras beerl lawfully appropriated for. stxcl}., pl}rpose and is in the treasur;^ oxo iax tlne process of collection to the,'cni3it d,f an appropriate fund free ^frorn o.ny previous incumbrance as prescribed by the General Code of Ohio; and all expenditures of money shall be subject to the provisions thereof. The term contract as used herein shall be construed as exclusive of cuirent payrolls of regular employees and officers. Section 228. Contracts and Purchases in Excess of Five Hmndred Dollars: No contract shall be executed or purchase made involving an expenditure of five hundred dollars or more unless the same shall have been first authorized by the council. Every such contract shall be in writing and shall be executed in behalf of the City of Toledo by the City Manager. In case of such a purchase no bid shall be accepted without the written approval of the City Manager.. 12 no.pe op:era'tiv"ort axid^af.t'e Ja flrst, 1986, for the purpose of lirsg-opt tjae provisions of thig C. 37xy officer or em;ployee,!,who la;g sltip'}^ o?x.,j.anu^ry,1, 1936', t "to ^e illlei^^ ^Sy' api?ax^ nt b City Manager, shall ho o er un auccessor is appointed and qu and, except as to appointment removals, the newly-elected shall perform the duties of City ager until he is appointed as pr in the foregoing amendments Charter. REPEALS Section 238. That the foll original sections of the chart and the same are hereby repea 11, 12, 13, 14, 16, 16, 17, 18, 19, 22, 24; 25, 26, 28, 31, 33, 40, 46, 48, 56,.61, 66, 67, 68, 69, 7 90, 91 92' 94, , 99, , 107, 120, 121, 122, 125, , 130, 146, 171, 173,,178, , 228, and 236.

86 2'ublished by THE COMMISSION OF PUBLICITY AND EFFICIENCY 320 SAFETY BUILDING EXHIBIT H

87 Chapter Page I-How and When Charter Takes Effect, Construction of... 3 I I-Powers of City _... 5 I I I-Nominations and Elections IV-Legislative Powers and Duties V-The Executive : : 21 V I-Initiative and Referendum VII-Administrative Departments and Divisions V I I I-Civil Service Commission IX-Commission of Publicity and Efficiency, X-Sinking Fund and City Plan Commissions..._ XhAs^es'S'meiltd apd Improvements ;,.,, XIT 'FranCh`ises... u.:.::..:..:' _. 49 XTIl=Co ztra2ts XIV-$wb-}livi; ocis.'as d Dedications Index,.. ;. ; -...._ _ At the NovemUer, 1934, electiom, the following sectiona were amended: 5, 11, 12,. 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,. 24, 25, 26, 26, 31, 33, 40, 43, 4S, 46, 48, 56; 61, 66y 167, 69, 70, 71, 73; 75y. 77, 81, 84, 92, 94, 96, 99, 102, 104, 106, 107, 120, 121, 122, 125, 126, 127, 128,,130, 145, 171, 173, 178, 200, 225; 226, and 228; and the following sections were repealed: 68, 72, 74, 87, 88, 89, 90, 91, 105, and 236.

88 CHARTER OF THE CITY OF TOL$DO 23 entitled to seats in the council. None of said officials shall have a vote. in the council, but the city manager shall have the right to discuss ahy; matter coming before the council and the other officers shall be entitled to discuss any matter before the council relating to their respective departments and offices. Sec. 71. Investigation by the City Manager. The city manager may without notice cause the affairs of any department or the conduct of any officer or employee to be examined. The city managdr or any person or persons appointed by him to examine the affairs of any department or the conduct of any officer or employe shall have the same power to compel the attendance of witnesses, and the production of books and papers and_'other evidence and to cause witnesses to be punished for contempt as is conferred upon the council. Sec. 73. Vice-Mayor-His Duties. The council shall also at its first meeting in January following the regular election choose one of its meinbers as vice-mayor. The vice-mayor shall perform the duties of, the mayor during his absence or disability. In the event of the death, removal or resignation of the mayor or vice-mayor the council shall choose one of its members to fill the vacancy for the unexpired term. CHAPTER VI.-THE INITIATIVE AND REFERENDUM Sec. 75. Ordinances May Be Initiated. Any proposed ordinance may be submitted to the council by petition filed with the clerk anrs" signed by electors of the city equal in number to twenty per cent of the total number of ballots cast for councilmen at the preceding election. Sec. 76. Duty of Council When Petition Sufficient. If the certificate of the clerk shows the petition to be sufficient, he shall submit the proposed ordinance to the council at its next regular meeting. The council shall at once proceed to consider the same and shall take final action thereon, within thirty days from the date of the submission thereof. If the council fail to adopt such proposed ordinance it shall be submitted to the vote of the electors in the same manner as for an ordinance upon which a referendum vote is demanded. Sec. 77. Proceedings for Referendum When Council Amends, If the council pass the proposed ordinance with amendment substantially changing its tenor or effect, the ordinance in its original form shall be submitted to a vote as in the case of failure to pass in any form, provided that the proponents thereof secure and cause to be filed with the clerk, 'within fifteen days after final action by the council, an additional petition for the adoption thereof signed by electors of the city equal in number to at least one per cent of the total number of ballots cast for councilmen at the preceding municipal election; provided that no elector having signed the original petition for such ordinance shall be eligible to sign the additional petition, and no signatures made or petition paper signed before action by the council on the original petition shall be valid for the additional petition. If the ordi-

89 H 24 CHARTER OF THE CITY of TOLEDO 9 91 nance as originally proposed is adopted by the electors, the amended ordinance as passed by the council shall be without effect, and in any case the operation of such amended ordinance shall be suspended until a referendum is possible to be had. Sec. 78. Ordinance to Repeal May Be Initiated. Proposed ordinances for repealing any existing brdinance in whole or in part may be submitted to the council as provided in the preceding sections for initiating ordnances. Sec. 74. Compulsory Referendum of Certain Measures-Franchises. No ordinance. or resolution for public improvement involving the expenditure of five hundred thousand dollars or more, or for the granting of a general public utility franchise, shall be effective until the same shall be approved by a majority vote of the electors. A general public utility is one in which all the people of the city may have an interest. Sec. 80. Duty of Clerk to Request Election Thereon, Within five days after the passage of an ordinance or resolution within the provisions of the preceding section, the clerk of the council shall request the election authorities to call a special election to be held not less than thirty nor more than fifty days after the passage of such ordinance or resolution. Sec. 81. Referendum on Petition. Every ordinance passed by the council shall be subject to the referendum if at any time within thirty days a petition signed by electors equal in number to at least fifteen per cent of the total number of ballots cast for councilmen at the preceding municipal election be filed with the clerk, requesting that such ordinance be submitted to the people for consideration. Sec. 82. Ballata on Referendum. The ballots used in voting upon any measure submitted to the electors for approval shall contain the title and subject thereof, which may be stated in the title, and underneath the two propositions, "For the ordinance (resolution or amendment)," and "Against the ordinance (resolution or amendment)." Immediately at the left of each proposition there shall be a square in which by making a cross (X) the voter may vote for or against the proposition. (As amended Nov. 4, 1919.) Sec. 83. Special Referendum Elections. The ordinance on which a referendum vote is demanded by petition shall be submitted at a special election held not later than thirty days after the clerk has certified to the election authorities that the petition for submission is in accordance with the requirements. of this ch'arter; but if a regular election is to be held within six months, such ordinance shall be submitted at the regular election, unless the council dirccts that an earlier and special election be held. Sec. 84. Effect of Approving Vote. If a majority of the votes cast be in favor of a measure submitted to referendurim, the same shall thereupon become adopted as if it had been passed by council; or in case of an amendment to the charter, it shall become of full force as a part thereof. Sec. 85. Emergency Measures Subject to Referendum. An emergency measure shall be subject to referendum as other ordinances

90 CHARTER OF THE CITY OF TOLEDO 25 or resolntions. If, upon a referendum, it be not approved, it shall stand repealed, but any expense incurred in accordance with the provisions thereof and before the disapproval by referendum shall be,paid under the authority thereof as if the measure were still effective. Until repealed upon referendum it shall continue effective. Sec. 86. Power of the Council to Amend or Repeal. After the people have legislated for themselves, either by initiating legislation or passing favorably or unfavorably upon legislation referred to them by any body, their action is final and shall not be subject to amendment or repeal, without a general vote of the people of Toledo on same. (As amended Nov. 2, 1915.) Sec. 92. Requirements of Petition. A petition to initiate ain ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this charter, need not be made on one paper, but may be the aggregate of two or more petition papers. Each signer of a petition paper shall sign his name in ink or indelible pencil; and shall place thereon, after his name, his place of residence by street and number. To each paper there shall be attached an affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant.. Sec. 93. Uniformity of Petition Papers. Petition papers circulated with respect to any proposition shall be nniform in character and form. The clerk shall determine and keep on file forms of blanks to be used in the several instances of petition, and all petition papers shall conform to such forms, respectively. Sec: 94. What tlne Petition Shall S11aw. If the petition is to initiate an ordinance, or to refer an ordinance or resolution, or for an amendment to this charter, each petition paper shall set forth the proposed measure in full. Every petition, whether for initiating an ordinance or other purpose, shall bear the names of five electors whose names shall appear'on each petition paper, and who shall thereon be designated as the proponents of the proposition of the petition, and who shall be recognized as the committee in charge thereof. Sec. 95. Clerk to Determine Sufficiency of Petition. The clerlc shall determine the sufficiency of a petition within ten days after the same is filed with him, and endorse his certificate thereon. When supplemental petition papers are filed, as herein provided, the clerk shall determine the sufficiency of the petition as supplemented within ten days and endorse thereon his finding. Sec. 96. Supplementing Certain Insufficient Petitions. If the clerk certifies that a petition to initiate an ordinance, or to amend this charter, is insufficiently signed, the same may be supplemented by the filing with the celrk within fifteen days, of an additional petition paper or papers, prepared, signed and authenticated as in the case of the original petition, Sec. 97. Effect of Clerk's Decision. The final decision of the clerk that a petition is insufficient shall not prejudice the filing of a new petition for the same purpose. The finding of the clerk as to the sufficiency of a petition shall be a final order.

91 26 CHARTER OF THE CITY OF TOLEDO Sec. 98. Duty of Clerk When Petition Sufficient.. After the clerk determines that a petition is sufficient, he shall certify the fact to the council, and; if the petition requires an election, also to the election authorities, of whom he shall request that provision for an election be made. Sec. 99. Notice of Election. In case of a referendum election, the clerk, not less than twenty days before the date thereof, and on the tenth day before said date, shall cause to be published in the city journal, a notice of such election. The notice shall set forth a true copy of the measure as given in the petition or resolution. Sec Publication of Initiated Ordinances. Initiated ordinances, if passed by the council, shall be published as in case of measures originating in the council. Ordinances or resolutions, or amendments to this charter, adopted upon a referendum need not be subsequently published, but a statement that they are effective as a result of the referendum, giving the full title of each approved, shall be made in the city journal. CHAPTER VII.-ADMINISTRATIVE DEPARTMENTS AND DIVISIONS. Sec Administrative Departments and Divisions. The following adrninistrative departments and divisions tbereof are hereby established: 1. Department of Law. 2. Department of Finance. (a) Division of Accounts. (b) Division of Treasury. (c) Division of Purchases and Supplies. (d) Division of Assessments and Licenses. 3. Department of Public Service. (a) (b) (c) (^.,. Division of Engineering and Construction. Division of Streets. Division of Harbor and Bridges. Division of Markets and Public Buildings. 4. Department of Public Safety. (a) Division of Police. ( b) Division of Fire. ( c) Division of Inspection. (d) Division of Weights and Measures. 5.. Department of Public Welfare. (a) Division of Health. (b) Division of Cemeteries. (c) Division of. Playgrounds, Recreation and Amusements. (d) Division of Charities and Corrections. (e) Division of Labor. (f) Division of Parks and Boulevards.

92 ! ^opos:e ^ ^men 4 o. Be Voted. Upon -At The Rea:i.ar M-.acipal Electi xi. TQ Be Held. Tn The CBty Of Toledo, OW Tuesday, N veniber 3, 1959 Notiee To Registered Eleeto^ Of Said tl2nna^ag^eal Election Is Hereby Given In Caamiyataance With SeoYion Of The C3aart+er Of The Cityr f Todedo, (Iwo;, Issued by Carl F. Diefenbach,. Clerk of the Ci2y Council EXHIBIT I

93 ^.. d, tha,t; tixefr; 1 r :.:inlunibenk^-#kall bex^tned reoa)led'and renvoved^ fibm. 28 Ua11ee nut^sf d nm]orly or w,e. reg,p,.creu eieuwra. enail '`vote, Nb' 1t0^'61)adi rom!afii in office. ' ^or inay......^..... affaipa, af_any d@par'linent or gec, 90, Disqualificatho+. for Offtce No qer on who Pr, e0.supyoy'ecs to.be, examined has been. removed: from an elaomve offloa by, a recall n,_, or pegaqne: appointed. by hdtn election ory 3ho has resigned from suoh an ofhce after oi:^any depiirtnlen2 orthe,oonduct 4recall petltion directed; to hlm hasbean filed, efiall be. ^- $ ttasdaym'e ^Qf <.. W tie69e eridth'e Praducllon Ci^ty within two yeara a^fher his removal or resignation, lse arit^ papera,,a^l ptl}ee: $vndeeice:endto pauae sfter a recall p^tlenhaa been f%iled '... Sec. 108::Change in Diviaione. The Coimcll may ohenge;abolish; combine; and rearxange the departmenta ^Pre demtproteyiipmreh1s ""'*--' enddivisidn. Duties of, the TheCity goverament attdcombhre anfl mmrosl haji^,^firs5 me'atiii^g }n Decei'n,berfo1 aistribute the iunottons aad du:ties blfereof ubon thswrit efna.:the`"sapudareleoidon..chaose one of,itsmembera - ten reoues ^t o5he P Admindstrati ye Direcbor F1'eeident'AS'G; Tempora. 'i'ne Yrcwaenrt. rro 'iempare gec,.104, Dicectors of DepartmearRa-Powers. and If 8rryslde. over Counc^jl' 4or orpaiitaaa3e tai purfoaes efw Dyttes A direotor of each dapartnsovt, elceept the Delae ^b ence od iqib Vice,jv3 ^ yoy.;.sn 1Aie everih of.the pprt.ment p4 Law, ahall be appointed by the Adzninistra-' Yemo l:el.br xesign^a4ioix ^'the Praatd?nd Pib ' f' em- yve Director tv.4th the approva] of the Mayor, to aerve e rpuno41 s"na.'11,ej3oosa'bno " o8 xts' snemben'e.uo f1ll during the pleaaure ud the Adaninistrakive Director, Each fpr k kieiy ;,,. rieitp{ re director d e? n - shaave.e superson ll h thvii an oontr dolf hi os - departmeat, under and subject to the direcrtioa of the - Sd'c 87 : -Recali o f 1vFeyor P1u1 ( ytli: er Elective Offfeera. : i1n nerson.1)o Sdg, a]1 & 1ee Va A, o e y' whether AdinfPsistrative DireMor.He shall have power'to pre- =-^Pi ' ' ih ` ti fpf f tl+ Cit Ce' eert'b6 rulea and regu1akione oohsietent with thi% aharter, 'Liy eleciflaii;:_euccee^iin, oat BYV}loinhlusYtt'to flll-a vaeancy, s o td zv a i e r oeficb a8 d ieoa7s eseotion for tkm conduct of the oflicers and employ'esoof hi de- 'khl ll b' b e t Y' iov' 1 P l i l- ' e^3 fl rtment; for the diatribution and:performance of it busi-...:iv. ^6he' ris'triner Pssvlded, in^: tnis.. chapper.. ^ _ ness, an d th for ustod ae m d reservatlon c y of p 1tr, o e b ok,a PtioceYlvlre;... ' recorda, papers and property under ite oontrol, A repai{. of en{,ncumlient fsf an eleattveoffice g^ubjerot. te bhe approval of the Admtnistrative Direc- Prittlatqd A1Pon.,,petitfon elgµed by;%registered tor, the itirector4 lointly shedl establish anad md9nta4n Tlio pe#yidn,'ti19a]i GonUatr};,signaturei ^ eqi?a1 in rcgulatsoms for the coordination of the work of end cocenk op. the hiataoast ' opera,tion in 'tfla. serviee of; the sevenal departments axm Qo.'aE at t}vet'ue3' ]eǹ fivs Pgrr,. office; of Meyoi'..^t t51e laet preoeding., mayoralty divlsions, 50, tlne end thar efficiency and oconomy may 'a fii'ay Whoijl 15 ie diietrle4l 'charge of eacb dvlsioa who eh'all be appoirited, and may '- a " " be removed, by 'the Administrative Director' wibh the (t?,1 Eaakt, e7ector. slgning a r eoa11 p? tl^i' en eh a11 fldd apbroval of the MayUT'. ^'`'Eb" h111., $i$na'tit2e' hi"8 YCSj1l\.'lYce,, stating tq1e war d a'nd pre-.....:oindi'snd::4lte. il&te of"egigning.signatures ox[ aroeall The work of the several departments shall be dis- ;p'eidti n maybe on sep iete sheeta but eaah }J+.eet sha11 tributed among such divisiona thereof as are established `l?aye ^itfsend0'rl' to it tha affidavif of same pereon; not by charter er by ordinance. %»epggsarl)'j` dr' igne pfy,yhe eution that to^ tlre best of a ta.:; dga',. a^belief thpe epsarts Whose '.. Ser, 100, Advistiry Boards. TheMayor may appoint ^eigne^vres aear ori 4he airoe5^are regi'steredeleoe3xs of a hoar co'xrlposed:of not fewer than thtec etttienaaualitifo Cit9lo; ol tt+e dist,riet,;aa'khe oade maybe,that.they fied tu a:ct in a.ia advisory capacity to the Cqmmkasiorier of ^;aigtl^rl<yfitia':n111 kttom dge efthe;'corutents of the.petation any diviston d un hi er ssupe rva' son i -'Nti _e meinb ers ^o. any Ueaidie4icea:;ara c6rre4tly gluen,..., suahob d ar hall s sm ve wdthout com,penaatian, and their tteoorrsiueafoner, ` x ^. : duty. shell be Ym mnault and advvsewith 15ie ffioaid`ghah f(a+iiihe' 3t to mendatiens of such boardshall ba in writingand shall fd:au4{i'ei$9v1-'humbetof appareatl.vbscomd a part mf' the records ofthe depsrement; and a hg'^'daard rea71.complete its ex''ami- - cepy thereof eh's11 bb filed with 'the Commfee+od-:of'^ PuboM1UwSMhLr+fffte'ef?'days end aha'il there- licity and E4ficiency. ' Public meetings of auohboard )nay rfyetitidn 1d;:vah^ or rejeee ft i4 itivslid: bece)jed by'the oonnpisaton for the consider2tion ofthe d havinjurlediotton ovexelec- affairs'of the divisfon. The commissioner of the-diviston +g a t^te : -ti-r OjtY.lv, ps: accepted'a recsll petition.iorfping,. bball be ahafrman of such.meetinge,... n o4 the Board sha)1notsfy tlse Lncumbent. gee teroorte 13Y Directors of Denertmenta in^ tllie petitdon ^ tlvti that e' the tition h, ae heen filed. Annually da euch date as may be 41xed by tke -' COUncll, ^ ' f ' sd'e' hb cn the^ ' pefnoui fl nmbent - may tne resign director' of 'each departn:emt ahall render to ihe Ad- ;p Dtiecor t au flltf repor o th erascos ttiatlnf o '{eord c theredpott -^ ^,y^ative tti'e recall ' ' prdceeding hfs department for theyearnd a at the adme time iorward h d to th 0ommlasion of PublY itia.... ereo s. c nd Fifi- ^:'.RsogII Electfon _ - a eopy t I ' ciency znd at any time shall furnish to Councilor; the [ ', I3'f )}e^'inc^ainbant 8+vainat whom 8 recgllpetition ' Administrative Direotor such. Snformation relatmg to:^any,.ls dty^ted doei not xeaien frost+ him o4plca wi h1a tei?r3:3.ye dp>irtmcmta.as eitpen may require.. '.. ^ey}ar notice isf the ftling, of auch petitlon sball hava' been, " gfye^ ta hs '!pe aaaxa:ha.^itrg. juriadtetieri^.eves. eleetbona sec: ila. shetl Aaviae officers. rhe cozaou. Mayor,,-. i?c'che C`jta9 s1tau arran.ge a-reeall elegtion If a regular or th?.drrectpi of g,ny ddpartinant, or a_ny officer,anmay re- "Aper3al"pledYiih"is to be held np$' iess fl+an"tliirty days 9ui^e t7ie.opinfon of the.di'rector of T,aW, upon y que - '.nar '' rttiari ty ' da m a after -*' ime e ten nse da1rebtiva ex tian y ' - bf ' law nvnlvin theirese'etiveowers'oydtities. igr.p p -^^igyr6t1, The^ >scall qpss4i,on 9ha7d beplaced before the elac- gec.121. Propoeed ond Tasue-Duty. of Diseetar. 4.oragt!^aucr.+ay leeton,., Othazuiee,a epecial recall'elee-.'tyy.enen iasue ofmunicin i bonda18dyopoeed, befom the. d ^ f o r. a d a he P A f, ^ &, J 1 er. than thi^t,- y d ao s..'.e^e maybe eufihorizad, the City'AudStor'sh_11nr5pare tx ter tyten nssyc^.y".day after $j"ie^teh'da3 a...havsex- apdf^ msh'to t.he'ad'nizlatra Uve Director, to tle:^cbilncii 3'^he^:ina7mbentagafn9t wfio'ui the reeall petition and ta the Commission of Publicity and Efficieacy, a ir2eted in2y reeign at a.ny t5nie prior to the recall ^ etatemexit ehowing the eondition o4 the City's bondedm- ehail not be held. debtednerr, if any, of the class of the propoeed issue, ar^l ion andi Y.heYeuaon trieelechaii ) 2) h e'' oll' owing4u -el'iln sh++11 be presented to eeeh PaYable out o4 the ame reaources, including ainounts an8 eleetor in Yec n election -"(name 5h^, of of4leer) be timee' of maturlty of such outster^ng boniys, and ths' x Eca e pn e - nemov a ff+ce of (name of offiea)4"stzta om of the rorazant _. resources o out of whscr' _ ttey,. e1e^, ll d-d d 'f+ ^ ^ kh the. e bbenes(r v E:. 0. ^ 3iLa11 apueer a9 to very ofsicer whose p3yable. ' If thepropoaed bond ishba Se 4or 1oC21 imbro"ve- i'ecaflil4 4ti,bAvoted upon and;utovlsions)ia11 be made max!ts, t11e statetp,nt 5he1 how the amount Of lio_idti3 o 10 AI ^i nnrova nlenta en th ou ^tqtn dtag, h 6r^ Ch5 electbr to vote "Y s' or "NO"" qn the queaton. indkbtc^,neae. r c _ a y d e. a the CitY 's ehate therec Y, (8) Tt aaoajeritvof thet rbgi terefleleotol e who vote Pbrfibn ofwllldh:>b to ba pai 11 ^5e qgin r}eao atrcall aee elctiion sba]] votk yay'. the '.. Sac 122 Sepbrt oa Baaded,. Indebtcdnnam. Cbtiyothe- -

94 ior 4llet flraf da ; o3 Jknuary of each year, t1ra Cltp.4ud(tor rh911;xanor in="datah: fo thee4dmtntatraf ve ITi= eofor to ^ite'6`ot1nr31 dndao fhd Cominlsatan of' PublieltY stld Etficienel! tlte ata,te,.:charapter, arnount and iil5trlhu-!hpn tf the.ponifad, ivdebtedneae o4the City, including. tlta'k Sor local^dmprovcmenl9.. ' -. Sec 145.Suape'nsionof'Chiefof Pollceor Fire D} v6tan,. Th@E. dniihimtrative Director, withthe approval of the Mayor, shall have the exclusive rigfit to suspend the ahied of the divisions of police or fire, for InGompetency, geose neglect of duty, groes immorallty habitual drunkennesarfailure to obey ordere given by t^e proper autl}ority, ar for anyjust or reasonable cause. If either of such chieta be so suaponnded, the Admin3strative Dire(Stor shall forthwith certify the fact, together withthe cauee of such suspension, to the civil service comtnission. Withdn five days fronl the recelpt of auch notice, the cbnttnieafon shall proceed to hear such ohargea end render judgment whether the euspenalon terminaree aad the afficer. be restored to duty, or wheilher he be distmssed from the 3ervioe. The lttdgment of the rommisaion abadl be a final ordar, $ec, 171. Claoeifiaation of Serviee. The ctvll aervica of the elty is hereby dlvded Into the unclasefed (not subject to the exexnnatlo'n hm'ein provided) nd the classi-, fied nervice (1) The imelaesi{ied serviee sha11 lncludei (a) officere elected by bha people,,. (b) The Admhuistrative Director. (c) Diraetors of departments and heads of divisions. (d) Mambers of boards or. oommisstons. (e) The secretary to 10te Mayor, the eecretary to the AdmlMatratlve Director, and secretary for each depa: tment, and one for each board ox commission. (1) Tha legad assistants iw the Dh ector of Law. (g) The Clprk M the Omtncil, ('b) Ordiner,7 rmskilled labor. (2) The claseffied eerviee shall eumpriae a11 pqsitlone riot speoltyoafly fncluded by thit charter in the unciaesiflad aerviae and ehall he divided Into competitive and non-competitive Glase. (a) The oompetitivo classahall mclude all posibons eted employmenya for whlch it is practfeable to determine merih and fitnese of applioan4a for oompetitive tests. (b). The nnn-oompotltfve, class shall oonslst of all positlona requirmg. pecultar snd excepfional qualifications of a eeietirotlfic, znanagerlal, professional or educational eharaoter, aa may be iletermined by the rulea of the colmniirioa, (c) S.^ouneil may by ordinanee ext0.nd iilte ola[eifled e rvlce to ihclude eome portions ol the unelassitiep eervloe as determtned by t'hia eeotlon, Cuch ardinance, liowever, tutle-es adopeed by the civil aervlce aommisaion as part of tta 4"ode of Aulea, eha11 reaujre the affirmative vote of seven: (7) meriibers of the 200. BoaSd of Revlaion of Aeseaainente, The Soard ef revisi.on of asaeeaments 9h9ll coneiat of tha AdmSvtstpattve Dineotor, the Direetor of Law, the Dqrectex aq P'ingnee, the Director et Public Beervic», and the Vice- Mayor, Tbe ; Adminietrative Director ehatl be President of the board and the Director of Finance ahal be Becretary tt:ceat. It ahall xneet weekly end at the time and glaea apecified by its rulea and ahall hear pj claims and obj eehgna, as to the charaoter of a11 i+nprovementa to ba -pai^` for is parrt or in whole by snecia-l eaaeas_mants, tha n 45alty t8erefor, e.nd the equity of ^ tha eaeaeement as p_+nvlded in the assessment report. A majority ofthcaa' eratptituting tha board of reviaion of aseeaensente e.hall have pbwertodetet7ttine;al Gotpg7 nd t±tp ob1 4 - ^,4^ suhmttted, A"s to each tmproverltbxt^' '(91ei,boaTd 6 's; after wch hearing amend equallz and "pc^7'use tl}e aaae^ ment report and ahall report to the 4'GUilcil i{+s fi> r#i$gk as to the nece8sity for the,linprovedne}yri and an7-eil4end, ment it dlroete, in the-asseeamen4sa 8ec, 225. Alteratione nr IrlodtficsL^hna in Cantjacte ' When, fn the proseeution of alfy Work?, o} imp;oyempnt under contract, it becotdes;^ngceasaf,y'2qtmake^ir<rietto$a or modifleations in s4ch cant.ract anch 8lterations 4r.'lilpdi ficatione shall be made only upon th^^-wrttten ord'^g` of the AdriunietrativeDirector: Itlo aueff,;:nrder ahail. ^ie d fecttve until the price t.oli pai. + qt, t7re worg and; tpa, terial, or both, under the- altered or-iitodiflcd;eo:.+lir8ct',- xhall havebeen agreed upon m vkituig;and slgn,ed-ljy tlre contractor and the Adminiatrattve Director ln behaie of :; the City. See. 228, Contrecte and Purchaaea 1n Ezceee L;2, No contract shaii be gxecu&d br pti;ah9ge made involving en expendltura oy "^ , ox.more' unlese the same shall Nave been 8rst' `authorlae^.:h'y,,""t)xp,.; Council. Every sucb cuhtrart ehall -fie' 1n 14riting^' aroh eha11 be exacuted.1n behalf of the L"tty -of. Taledd: 1iy t_he' -: Administrative Director.. In aaee'af'.euch s^..purghase no bid shall beaccepted without the.wrltten approvel 1 Adminietrative Director. Sec. 23'7. Effeetive Date of Amendments, Thbt for the purpose of nqmiriating and electittg officeis and' a1f matters connected therewith, this ainen'dment ahall:" take, effect upon its adoption by the electorafa. Fbr all' other purp oses, it shall become effectlva on'd camber 1 p F, ^Q61 All sections of this Charter nat amend'ed or repea'led ity the above amendment a)}al1 remain ln ful! foree arlil"ef(ece. SECTION S. That the.following'gzlstinq aecti'at,^a,pf ; this Charter as the same have h retofore beenamen}ie`d prior to the adoption of the amandment are heretijf'repealed: S ections 1 1, 12, ^r " r Z1^ 22 " , d8, 52,.53, , 66, 67, 89, ; 1q2, 1n4, 107, 112, 121;.122; 125, 145, 171, 300; 226 and 32& ' ^ SECTION 4. '1'hat for Lne pnrpnse ot eleg,bingy a{sd rnominating officers and all matters connectcd thernwjth ' this amendment shalltake effeot onlis adoptlan-,b'}t+ ^.11e, electorate. For all other purpoaesrtshail beomeffaetive an Decemb r 1, SECTION S. The Clerk of Council ia hereby dq1cte to certify to the Board of E1BMAona o7 Lucas Coun C y ';fjy" the enaotment of this ordinang.for -the submiee[yirr^ o the aforeasid amendment at an clectlbp: ^ t b,^ae} $i ' time hereinabave mentioned and tke aetd Clar^ ia ^' to request the said Board 9 - to 11 pxoi the spbmitting of the queabon qf adqpting seid Axj ment at said election and a7ao to mall a 4opyq^tatlla.il aforesaid amendment te each electqr wtlase neme,ep`$eara-: upon the poll or regiatraeion booka:of the Bosvd ^i;f.lectiona of Luesa County, Ohio, not leaa than thirty..(3li1:dayi prior to eaid elec8i.on, SECTION 6, Thad, the ardinancs la herepy dec'^9rad' to bs an emergency meaeure any'eha11 L`ake effe'ipt,axyd, b m farce from and after lta paaaege. 1 ` he reasojt.y; qr, -; tary in order to comply wltli tha^:-;provisiona'"`of the:; Charter of thr City ot Toledo In placthie i@au@,8eford.", 4he electorateai eafd, bity tor the Novenlbar 8;'^ d859';i ragular elactio ri Vote on emergeney clause, Yeaea;naye 0 - Passed September 1;. 1959, asan emergency iness^^ y eaa P. na9s 0.., M83^or":. "':

95 Page 1 of 7 CHARTER OF THE CITY OF TOLEDO, OHIO CHAPTER VI. INITIATIVE, REFERENDUM AND RECALL Toledo Municipal Code CHAPTER VI. INITIATIVE, REFERENDUM AND RECALL Section 75. Ordinances may be initiated. Any proposed ordinance may be submitted to the Council by petition filed with the Clerk and signed by electors of the City equal in number to twelve percent (12%) of the total number of votes cast for all candidates for Mayor at the most recent general municipal election at which the Mayor was elected. (Amended by electors ) Section 76. Duty of Council when petition sufficient. If the certificate of the Clerk shows the petition to be sufficient, the Clerk shall submit the proposed ordinance to the Council at its next regular meeting. The Council shall at once proceed to consider the same and shall take final action thereon, within thirty days from the date of the submission thereof. If the Council fails to adopt such proposed ordinance it shall be submitted to the vote of the electors in the same manner as for an ordinance upon which a referendum vote is demanded. (Amended by electors ) Section 77. Proceedings for referendum when Council amends. If the Council passes the proposed ordinance with amendment substantially changing its tenor or effect, the ordinance in its original form shall be submitted to a vote as in the case of failure to pass in any form, provided that the proponents thereof secure and cause to be filed with the Clerk, within fifteen days after final action by the Council, an additional petition for the adoption thereof signed by electors of the City equal in number to at least one percent of the total number of ballots cast for Members of Council at the preceding municipal election; provided that no elector having signed the original petition or for such ordinance shall be eligible to sign the additional petition, and no signatures made or petition paper signed before action by the Council on the original petition shall be valid for the additional petition. If the ordinance as originally proposed is adopted by the electors, the amended ordinance as passed by the Council, shall be without effect, and in any case the operation of such amended ordinance shall be suspended until a referendum is possible to be had. (Amended by electors ) Section 78. Ordinance to repeal may be initiated. Proposed ordinances for repealing any existing ordinance in whole or in part may be submitted to the EXHIBIT J 04/27/2009 `

96 Page 2 of 7 Council as provided in the preceding sections for initiating ordinances. Section 79. Compulsory referendum of certain measures - franchises. No ordinance or resolution for a public improvement requiring or authorizing the expenditure of more than fifteen percent (15%) of the average gross annual current operating expenditures by the City for the five (5) fiscal years inunediately preceding, or for the granting of a general public utility franchise, shall be effective until the same shall be approved by a majority vote of the electors voting thereon; provided, however, no convention center, exhibit hall, sports arena, or municipal theater, other than a sports arena located in the City's Marina District, being the area bounded by the Maumee River, Interstate Highway 280, Front Street and Main Street, shall be constructed, acquired, or leased unless the ordinance or resolution authorizing construction bidding, acquisition, or leasing shall have been approved by a majority vote of the electors voting thereon, whether or not such ordinance or resolution requires or authorizes the expenditure of more or less than fifteen percent (15%) of the average gross annual current operating expenditures by the City for the five (5) fiscal years immediately preceding. A general public utility is one in which all the people of the City may have an interest. (Amended by electors ) Section 80. Duty of Clerk to request election thereon. Within five days after the passage of an ordinance or resolution within the provisions of the preceding section, the Clerk of the Council shall request the election authorities to call a special election to be held not less than thirty nor more than fifty days after the passage of such ordinance or resolution. Section 81. Referendum on Petition. Every ordinance shall be subject to the referendum if at any time within thirty (30)days after its adoption a petition signed by electors of the City equal in number to at least twelve percent (12%) of the total number of votes cast for all candidates for Mayor at the most recent general election at which the Mayor was elected be filed with the Clerk requesting that such ordinance be submitted to the people for consideration. (Amended by electors ) Section 82. Ballots on referendum. The ballots used in voting upon any measure submitted to the electors for approval shall contain the title and subject thereof, which may be stated in the title, and underneath the two propositions, "For the ordinance (resolution or amendment)" and "Against the ordinance (resolution or amendment)." Immediately at the left of each proposition there shall be a square in which by making a cross (X) the voter may vote for or against the proposition. (Amended by electors ) amlegal. cominxtjgateway.dlllohio/toledo/charterofthecityoftoledoohio/chapt... 04/27/2009

97 Page 3 of 7 Section 83. Elections on.referendum and Initiative Petitions. Elections as to initiative and referendum petitions shall be held at the next regular general or primary election occurring not less than seventy-five (75) days after the Clerk certifies the issue to the election authorities. (Amended by electors ) Section 84. Effect of approving vote. If a majority of the votes cast be in favor of a measure submitted to referendum, the same shall thereupon become adopted as if it had been passed by Council; or in case of an amendment to the Charter, it shall become of full force as a part thereof. Section 85. Emergency measures subject to referendum. An emergency measure shall be subject to a referendum as other ordinances or resolutions. If, upon a referendum, it be not approved, it shall stand repealed, but any expense incurred in accordance with the provisions thereof and before the disapproval by referendum shall be paid under the authority thereof as if the measure were still effective. Until repealed upon referendum it shall continue effective. Section 86. Power of the Council to amend or repeal. After the people have legislated for themselves, either by initiating legislation or passing favorably or unfavorably upon legislation referred to them by any body, their action is final and shall not be subject to amendment or repeal, without a general vote of the people of Toledo on same. (Amended by electors ) Section 87. Recall of officer by petition. (Repealed by electors ) Section 87A. Removal of Officer by Recall Petition. Any elected officer provided for in this Charter may be removed from office by the electors by the following procedure: A petition for the recall of the elected officer containing a statement in not more than two hundred (200) words of the grounds for the recall may be circulated once in any calendar year within a circulation period not to exceed ninety (90) days, and may be filed with the Clerk of Council. Such petition to be sufficient shall be signed by at least that number of electors which equals twenty-five 04/27/2009

98 Page 4 of 7 percent (25%) of the electors voting at the last regular City election for that office. Within ten (10) days after the day on which such petition shall have been filed, the Clerk shall determine whether or not it meets the requirements hereof. If the Clerk shall find the petition insufficient, the Clerk shall promptly certify the particulars in which the petition is defective, deliver a copy of the certificate to the person who filed the petition, and make a record of such delivery. Such person shall be allowed a period of twenty (20) days after the day on which such delivery was made in which to make the petition sufficient. If the Clerk shall find the petition sufficient, the Clerk shall promptly so certify to the election authorities, shall deliver a copy of such certificate to the officer whose removal is sought, and shall make a record of such delivery. If such officer shall not resign within five (5) days after the day on which such delivery shall have been made, the election authorities shall thereupon fix a day for holding the recall election at the next regular municipal election held not less than sixty (60) days after the expiration of the period of five days last mentioned. No petition to recall shall be filed within one (1) year after an officer takes office. (Added by electors ) Section 87B. Ballots. The ballots at such recall election shall conform to the following requirements: With respect to each person whose removal is sought, the question shall be submitted: Shall (name of person) be removed from the office of (title of office) by recall. Immediately following each such question there shall be printed on the ballots the two propositions in the order here set forth: For the recall of (name of person); Against the recall of (name of person). (Added by electors ) Section 87C. Filling of Vacancies Created by Recall. In any such recall election, if a majority of the votes cast on the question of removal of any officer is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon the certification of the official results of that election and the vacancy caused by such recall shall be filled in the manner provided in this Charter for filling vacancies in such office. The officer removed by such recall election shall not be eligible for appointment to the vacancy created thereby. (Added by electors ) Section 87D. Term Limitations. (a) No person shall serve more than twelve (12) consecutive years on the Council and shall not be placed on the ballot for election for any term if service for the full term would constitute a violation hereof; except that the two (2) year term served by district Council members during 2002 and 2003 in order to commence "staggered terms" will not count against the permitted total of twelve (12) consecutive years or be considered an "interruption" for purposes of determining the twelve (12) consecutive years a person has served. For purposes of this section no distinction shall be made between an at-large or district Council member except for the district Council members serving two years terms during 2002 and A Council member who has completed service of twelve (12) consecutive years may be elected or appointed to City Council if such term or partial term for which the aml eaal. com/nxt/ atewav. dll/ohio/toledo%harterofthecitvoftoledoohio/chant... 04/27/2009

99 Page 5 of 7 Council member is elected or appointed shall commence no earlier than one year from the date on which such Council member completed his or her twelve (12) consecutive years of service on City Council. (b) No person shall serve more than two (2) consecutive four (4) year terms as Mayor; provided, however, that service in the position of Mayor pursuant to appointment or succession to that office, or service on the Council pursuant to appointment to the position of Mayor, shall not be credited toward any term limitation. (Amended by electors ; ) Section 88. Validity of recall petitions. (Repealed by electors ) Section 89. Proceeding when petition sufficient. (Repealed by electors ) Section 90. Conduct of election - candidates - ballots. (Repealed by electors ) Section 91. Limitation on recall elections. (Repealed by electors ) Section 92. Requirements of petition. A petition to initiate an ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this charter, need not be made on one paper, but may be the aggregate of two or more petition papers. Each signer of a petition paper shall sign his or her name in ink or indelible pencil, and shall place thereon, after his or her name, his or her place of residence by street and number. To each paper there shall be attached an affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. (Amended by electors ) Section 93. Uniformity of petition papers. Petition papers circulated with respect to any proposition shall be uniform in character and form. The Clerk shall determine and keep on file forms of blanks to be used in the several instances of petition, and all petition papers shall conform to such forms, respectively. http;// 04/27/2009

100 Page 6 of 7 Section 94. What the petition shall show. If the petition is to initiate an ordinance, or to refer an ordinance or resolution, or for an amendment to this Charter, each petition paper shall set forth the proposed measure in full. Every petition, whether for initiating an ordinance or other purpose, shall bear the names of five electors whose names shall appear on each petition paper, and who shall thereon be designated as the proponents of the proposition of the petition, and who shall be recognized as the committee in charge thereof. Section 95. Clerk to determine sufficiency of petition. The Clerk shall determine the sufficiency of a petition within ten days after the same is filed with him or her, and endorse his or her certificate thereon. When supplemental petition papers are filed, as herein provided, the Clerk shall determine the sufficiency of the petition as supplemented within ten days and endorse thereon his or her finding. (Amended by electors ) Section 96. Supplementing certain insufficient petitions. If the Clerk certifies that a petition to initiate an ordinance, or to amend this Charter, is insufficiently signed, the same may be supplemented by the filing with the Clerk within fifteen days, of an additional petition paper or papers, prepared, signed and authenticated as in the case of the original petition. Section 97. Effect of Clerk's decision. The final decision of the Clerk that a petition is insufficient shall not prejudice the filing of a new petition for the same purpose. The finding of the Clerk as to the sufficiency of a petition shall be a final order. Section 98. Duty of Clerk when petition sufficient. After the Clerk determines that a petition is sufficient, the Clerk shall certify the fact to the Council, and, if the petition requires an election, also to the election authorities, of whom the Clerk shall request that provision for an election be made. (Amended by electors ) Section 99. Notice of election. In case of a referendum election, the Clerk, not less than twenty days before the date thereof, and on the tenth day before said date, shall cause to be published in the City Journal a notice of such election. The notice shall set forth a true copy of the measure as given in the petition or resolution. amlegal.com/nxt/gateway. dll/ohio/toledolcharterofthecityoftoledoohio/chapt... 04/27/2009

101 V o RYS Vorys, Sater, Seymour and Pease rap Legal Counsel 52 East Gay St. P0 Box 1008 Columbus, OH Founded1909 John J. Kulewicz Direct Dial (614) Facsimile (614) Jjkulewicz vorys.com April 20, 2009 Gerald E. Dendinger Clerk of Council City of Toledo Suite 2120 One Government Center Toledo, Ohio Dear Mr. Dendinger: Re: TBT Recall Petitions On behalf of Mayor Carty Fiiikbeiner, I urge you to reject as insufficient the petitions tendered by the group known as Take Back Toledo in connection with their recall campaign. In the course of its expedited review, the Lucas County Board of Elections already has invalidated 18,899 of the petition signatures. Over the weekend, we had an opportunity for a more detailed examination of the petitions and signatures that survived review by the Board of Elections. As explained below, our examination has identified numerous additional false affidavits, undocumented signatures, invalid dates, puzzling inconsistencies, signatures procured by unregistered circulators and other serious failures to comply with the Toledo Charter and the Ohio Revised Code. Our review thus far has turned up compelling evidence that over 2,500 additional signatures are invalid. The appendices to this letter document specific petitions, circulators and alleged signatures in question. These are only the most egregious examples. Further review would, no doubt, establish additional evidence of the widespread flaws that disqualify the TBT petitions as a basis for subjecting the will of the people, established by the 2005 mayoral election, to overtuming by recall. With the legally-required exclusion of those signatures, the record before you does not contain proof of enough valid signatures to meet the minimum threshold set by the Toledo Charter. Hence there is no basis on which to certify the TBT petitions as sufficient. Nor is there any reason for confidence in the signatures collected by TBT that the Lucas County Columbus I Washington I Cleveland I Cincinnati I Alexandria I Alu on I Houston EXHIBIT K

102 VO RYS Legal Caunsel April 20, 2009 Page 2 Board of Elections has not reviewed. Our preliminary review of those petitions has revealed that they are beset with at least as many serious errors and flaws as the petitions on which the Board has reported back to you. This letter and its appendices set forth a summary of the particular defects that our preliminary review has established with respect to the petitions on which the Board has reported back. Mayor Finkbeiner does not mean for the itemization of these defects to serve in any respect as a criticism of the Lucas County Board of Elections, which necessarily operated under severe time constraints. The defects themselves are fatal to the TBT petition drive, however. The Mayor accordingly offers the following list in an effort to assist you in certifying under Section 87A of the Toledo Charter the particular insufficiencies of the TBT petitions: (Tab 1); (1) The affidavits signed by certain circulators are plagued with irregularities (2) There are numerous apparent false signatures (Tab 2); (3) There are patent invalidities in many signature dates (Tab 3); (4) On certain petitions, signature dates appear to have been changed to predate the circulator affidavit (i.e., the date by which the circulator has represented that he or she had collected all of the signatures) (Tab 4); (5) Signature verifiability is an issue (Tab 5); (6) Numerous signatures lack the required date necessary to establish their authenticity and timeliness (Tab 6); (7) There are irregularities as to the stated number of signatures on certain petitions (Tab 7); (8) Many petition affidavits lack the proper notarization necessary to safeguard against false circulator statements in the absence of the state-mandated electionfalsification waming (Tab 8); (9) Certain petitions bear signatures that show unequivocally that they were signed after the date of the circulator affidavit (Tab 9); (10) Certain other petition signatures appears to have been back-dated to match the date of the circulator affidavit (Tab 10) (11) There are numerous tabulation errors as to the number of purportedly valid signatures on certain petitions (Tab 11);

103 V O RYS Legal Counsel Apri120, 2009 Page 4 Because the "Requirements of petition" provisions of Section 92 of the Toledo Charter no longer apply to recalls, state law applies and specifies the form of recall petitions. Section 11 of the Toledo Charter provides that "the general laws of the State shall apply to all.,. elections except as provision is otherwise made by this Charter." Section 10 also refers to State law as a proper source for guidance: "Powers proper to be exercised and not specially enumerated herein, shall be exercised and enforced in the manner prescribed by this Charter; or, when not prescribed herein, in such manner as shall be provided by ordinance or resolution of the Council, or by statute." State law mandates the bold-face election-falsification warning. The absence of that warning from the TBT petitions is a further compelling ground for their invalidity. (Indeed, because Section 92 does not apply to recall petitions, TBT likewise lacks a basis for submitting its petitions on more than one paper, i.e., by means of part petitions.) In State ex rel. Citizens for a Better Beachwood v. Cuyahoga Cty. Bd. of Elections, 62 Ohio St.2d 167, 168 (1991), the Supreme Court considered provisions of the Cleveland City Charter that concerued referendum procedure but also expressed the intent to incorporate State law, absent "contrary intent" found in the Charter or municipal ordinances. In the absence of a directly contrary provision speaking to an issue, the Court found that the Board of Elections properly imported a statutory requirement and rejected an offending petition. Id. at 170. In order to give effect to Section 11 of the Toledo Charter, which demonstrates an intent to incorporate state law, R.C (J) invalidates the TBT recall petition. See State ex rel. Fite v. Aeh, 80 Ohio St.3d 1, 4(1997). Furthermore, because TBT did not receive its recall petition from "a board of elections," the provisions of Ohio Revised Code Section (L) do not excuse its failure to comply with the legal requirements for recall petitions. Moreover, even advice from elections officials would not abrogate the responsibility of TBT "to investigate, learn, or know the law governing the election process" and comply with that law. State ex rel. Sturgill v. Lorain Cty. Bd. ofelections, 164 Ohio App.3d 272, 276 (9th Dist. 2005) (candidate had no right to rely on an official's statement of the requisite number of signatures); State ex rel. Rust v. Lucas Cty. Bd. of Elections, 100 Ohio St.3d 214, 215 (2003) (candidate's contention that the Board of Elections misled him was irrelevant). We respectfully reserve the right to establish and document further insufficiencies in the TBT petitions. Set forth in this letter and its appendices are examples of particular defects. They are not meant to be exhaustive or to preclude further analysis in the event of additional proceedings with respect to the petitions. By the same token, the April 15 decision tentatively approving the form of the petitions, in which you specifically reserved the right to make a final determination after receiving the report of the Board of Elections, does not prevent a later contrary determination.

104 V O RYS Legal Counsel April 20, 2009 Page 5 The shortcomings in the TBT petitions render them insufficient to comply with the requirements that the people of Toledo have established in Section 87A of the Toledo Charter for removal of a duly-elected public official. To allow a recall to proceed on the basis of these petitions would be unlawful and unjust. For these reasons, the proper course of action is to reject the TBT petitions for their failure to comply with the Toledo Charter and Ohio Revised Code. On behalf of Mayor Finkbeiner, I thank you for your consideration. Sincerely yours, JJK/cgw Hon. Carty Finkbeiner Adam Loukx, Acting Law Director Donald J. McTigue Jolin J. Kulewicz, 04120/2009 Comn,bus1oBZtsa1

105 1 2 A B C D E Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator Invalid affidavit of petition circulator (also petition Circulator also signed petition as petitioner) Apparent false signature 9, Apparent false signature Apparent false signature 2, Apparent false signature Apparent false signalure 9, Invalid signature date Invalid signature date 6, Dates changed to predate affidavit Dates changed to predate affidavit Signature unverifiable No signature date No signature date No signature date No signature date /19/2009-COLUM BUS v1

106 A B C D E No signature date No signature date No signature date No slgnature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date No signature date Signature not dated Invalid affidavit: # of signatures Invalid affidavit: # of signatures Improperly notarized Improperly notarized Improperly notarized Improperl notarized Improperly notarized Improperly notarized Improperly notarized Improperly notarized 4 86 Signature date after affidavit date (also invalid date, #10) Signature date after affidavit date, # Signature date after affidavit date, # Signature date after affidavit date, # Signature date after affidavit date, # Signature date after affidavit date, # Signature date postdates affidavit, # Signature date postdates affidavit, # Signature date postdates affidavit. # Signature date postdates affidavit, # Signature date postdates affidavit, # Signature date postdates affidavit. # Signature date postdates affidavit, # Signature date postdates affidavit. # Signature date postdates affidavit, # Signature date postdates affidavit, # Signature date postdates affidavit, # Signature date postdates affidavit, # Signature date postdates affidavit, # Signature date postdates affidavit, # Signature date postdates affidavit. #5 3 4/1 9/2009-C 0 L U M B U S v 1

107 A B C D E Signature date postdates affidavit, # Signature date postdates affidavit, #10 9 Signature date postdates affidavit, #8-9 (also invalid date) Signature date postdates affidavit, # Signature date postdates affdavit, # Signature date postdates affidavit Signature date postdates affidavit, # Signature date postdates affidavit, # Signature date postdates affidavit, # Si nature date postdates affidavit Signature date after affidavit 1, Signature date after affidavit Signature date after affidavit 2, Signature date after affidavit Date changed to comply with affdavit date Date chan ed to match affidavit, # Date changed tc match affidavit, # Tabulation error Tabulation error Tabulation error Tabulation error Tabulation error Tabulation error Circulator also signed petition as petitioner Circulator also signed petition as petitioner Circulator also signed petition as petitioner Circulator also signed petition as etitioner Circulator also signed petition as petitioner Circulator also signed petition as petitioner (also invalid affidavit of petition circulator) Circulator signed petition (also no signature date) Invalid petition: too many signatures (#8 has two signors) 4 Invalid petition: too many signatures (#3 has two signors) Address from another city Address from another cit Address from another city Address from another city Address from another city Address from another city Address from another city Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualifled Circulator (Aerni, Jonathan) Disqualifled Circulator (Aerni, Jonathan) Dis ualifled Circulator (Aerni, Jonathan) 0 4/ COLUM BUS v 1

108 A B C D E Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni. Jonathan) Disqualified Circulator (Aerni. Jonathan) Disqualified Circulator (Aerni. Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualifled Circulator (Aerni. Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Clrculator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni. Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Dis ualified Circulator (Aerni, Jonathan) Disqualified Circutator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni. Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Aerni, Jonathan) Disqualified Circulator (Azzarelli, Nicklas) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Dis ualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Clrculator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) 2 4/1 9/2009-C O L U M B U S v 1

109 A B C D E Disqualified Circulator (Bacon, Amanda) Disqualified Circutator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Dlsqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualifed Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Dis ualified Circulator (Bacon, Amanda) Disqualified irculator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualifed Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bacon, Amanda) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) 8 4/1 9/2009-COLUM BUS v 1

110 A B C D E Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Dis ualified Circulator (Bak, Ryan) Disqualifled Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, R an) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator. (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Bak, Ryan) Disqualified Circulator (Breen, Sean) Disqualified Circulator Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator Breen, Sean Disqualified Circulator (Breen, Sean Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Breen, Sean) Disqualified Circulator (Byrd, Tony) Disqualified Circulator (Byrd, Tony) Disqualified Circulator (Byrd, Tony) Disqualified Circulator B rd, Tony) Disqualified Circulator (Byrd, Tony) Disqualified Circulator (Byrd, Tony) Disqualified Circulator (Byrd, Tony) Disqualified Circulator (Byrd, Tony) Disqualified Circulator (Byrd, Ton ) Disqualified Circulator (B rd, Tony) Disqualified Circulator B rd, Ton 7 4/1 9/2009-C C LU M B U S v 1

111 A B C D E Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualifed Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualifed Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Crcufor i la (Escobar, Jose) Disqualified C irculalor (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Escobar, Jose) Disqualified Circulator (Fairchild, Marla) Disqualified Circulator (Fairchild, Marla) B Disqualifed Circulator (Habeggen, Donald) Disqualified Circulator (Habeggen, Donald) Disqualified Circulator (Habeggen, Donald) Disquaiified Circulator (Harrington, Theresa) Disqualified Circulator (Hicks, Samuel) Disqualifed Circulator (Hicks, Samuel) Disqualifed Circulator (Hicks, Samuel) Disqualified Circulator (Hicks, Samuel) Disqualified Circulator (Hicks, Samuep Disqualified Circulator (Hicks, Samuel) Disqualifed Circulator (Hicks, Samuel) Disqualifed Circulator (Hugg, Eug( ne) Disqualified Circulator (Hug, Eugene) 2 4I19/2009-COLUMB US v1

112 A B C D E Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eu ene) Disqualified Circulator (Hug, Eugene) Disqualified Circuiator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Dlsqualifed Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator (Hugg, Eugene) Disqualified Circulator(Leasure,Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator(Leasure,Jeffre ) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffre ) Disqualified Circulator(Leasure,Jaffrey) Disqualified Circulator(Leasure,Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disquallfied Circulator (Leasure, Jeffre ) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualffied Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator(Leasure,Jeffrey) Dis ualified Circulator (Leasure, Jeffrey) Disquallfied Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator Leasure,Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator(Leasure,Jeffrey) Disqualified Circulator(Leasure,Jeffrey) 5 4/ 19/200 9-C O L U M B U S v 1

113 A B G D Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator(Leasure,Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator(Leasure,Jeffrey) Disqualified Circulator (Leasure, Jeffrey) Disqualified Circulator (Levandowski, Aaron) Disqualified Circulator (Levandowski, Aaron) Disqualified Circulator (Levandowski, Aaron) Disqualified Circulator (Levandowski, Aaron) Disqualified Circulator (Levandowski, Aaron) Disqualified Circulator (Levandowski, Aaron) Disqualified Circulator (Levandowski, Aaron) Disqualified Circulator (Levandowski, Aaron Disqualified Circulator (Levandowski, Aaron) Disqualified Circulator (Ludlow, Kelly) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualifled Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Dlsqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karrl) 7 U Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualifed Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Luce, Karri) Disqualified Circulator (Petraney, Tracy) 8 E 4/ 19/2009-C O LU M B U v 1

114 A B C D E Disqualified Circulator (Sprung, Stacey) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) DisqualiHed Clrculator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Dis ualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Dis ualifed Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Clrculator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (VVhite, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualifed Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualifed Circulator (White, Michael) Disqualifled Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (Whita, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) 1 4/19/2009-COLUMB U S v1

115 A B C D E Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualifed Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Clrculator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Dlsqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (White, Michael) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (VViIlis, Mark) Disqualified Circulator (VViIlis, Mark) Disqualified Circulator (Willis, Mark) Dis ualified Circulator (Willis, Mark) Disqualifled Circulator (VViIlis, Mark) Disqualified Circulator (Willis, Mark) 3 4/19/2009-COLUMBUS vl

116 A B C D E Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Wllis, Mark Disqualified Circulator (VViIlis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (W llis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (W llis, Mark) Disqualified Circulator (Willis, Mark) Dlsqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Clrculator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Wllis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualifled Circulator Willis, Mark) Disqualified Circulator (1Mllis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Wllis, Mark) Disqualified Circulator ^Ilis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Willis, Mark) Disqualified Circulator (Wllis, Mark) /19/2009-COLUM BUS v 1

117 rn x Q' ^

118 CITY OF TOLEDO, OHIO SAMPLE RECALL PETITION We, the undersigned registered voters in the City of Toledo hereby petition for the recall of who holds the office of In the City of Toledo. The grounds for recall are as follows. The undersigned electors hereby designate the following duly qualified electors of the City of Toledo, who are also signers of this petition, as the proponents of this petition and as the Committee in charge thereof, who by their signatures of acceptance do hereby accept such designation; Acceptance Signatures and (prlnt name and addresses) SIGNER'S OATH "I swear (or affirm) that I know the contents and purpose of this petition and that I signed the petition only once and of my own free will:" Whoever knowingly signed this petition more than once, signs a name other than his own, or signs when not a legal voter is liable to prosecution. All information must be filled in by the person(s) signing the petition unless disabllity prevents the person(s) from doing so. All information on this petition Is subject to public inspection. DATE SIGNATURE NAME ADDRESS WARD PRECINCT

119 _L a 9 10 AFFIDAVIT OF PETITION CIRCULATOR State of Ohio County of Lucas I,, being duly sworn, deposes and says that he/she resides at the address appearing below his/her signature hereto: that he/she Is the circulator of the foregoing petition paper containing - signatures; that he/she witnessed the affixing of each signature, that all signers were to the best of his/her knowledge and belief qualified to sign, and that every signature is to the best of his/her knowledge and belief the signature of the person whose signature it urports to be. (Name of Circulator) signed this petition. Signed Subscribed and sworn before me this day of 200_. (Signature of Circulator)

120 CITY OF TQLEDO GERALD E. DENDINGER _ C^Tk\ Cm CLt:,kK - Ci.Ewc ov Counc:ic. f')ne (,:uvrmrm..i^1.ccnrrr,4iiile o4edo, CInSa U:S.A. a -"'."t^'e ^.._ ^^. :,p;,^^q.. t. Pcjw ;.4:ar Mr. Thomas L. Schlachter 2780 Centennial Rd. Toledo, OH F11-11i_..i 1 4:. e3,1 ' ,A?l Jr.4111 L,k,rrldl,l.l l,ll,,,,i,lti

121 m x Q ^ CJI

122 CITX OF TOLEDO, OHIO RECALL PETITION 3455 We, iha undaisigned regis4ed voters in the City of Toledo heraby peiition for the recall of Carleton S. F'inkbeiner who holds the oice of Mayor iu the City of Toledo. The grounds for recall are as foliows: Mayor Fhtkbeiner conf nets the business of the City of Toledo virtually withoat regard for tiscal respoasibility; bas sanctioned and promoted sevaral unsuccessfal real estate transactions which have unnecessarity cost, aqd wi7l eontinne (o cost, the City of Toledo mldions of dollars; refuaes to meet and/or cooperate wrdl business people interest In locating or expanding enterprises and job opportnniuea. in the Ciiy t of Toledo; has brought embarrassment and shame to the City of Toledo; has created an adversarial ^nvironment towards ci8zens, business interests, City of Toledo emplayeea, snrronndiag mrmfcipalltles and fedow elected officials; and has repeatedly circumvented spending lim.ts on his authority. The undarsigned electorslhereby designate the following duly qualified electors of the City of Toledo, who are also signers of this p' 'tion; as the proponentg of this petition and as the Conaniittee in charge he wh.o by thair signatuz^of acceptance do hereby accept such designation this^ day of A A Y Acceptance Sigaatares rnt names aud addresses) 1 19OCZ-4 7= 6 J/3y5/ c 'ea sve A3d-/cceao rf- ', c va ev_ ^re e 3 7 J/ G-ie.a wrc /s'v_ lo L a,ol! ^le D, r^ Q ocf) m yj,, Z A SIGNER'S OATH "I swear (or affirm) that the petitilon only once an more than once, signs a to prosecution. 1 n TS Srfl fu.^ B a,a D-L.0 `C mn know the contents and puipose of this petition and that I p of my own free will." Whoever knowingly signed tbis pe m ti^ e other than this own, orsigns when not a lega.t votetis All infonmarion must be fllled'p'n by the person(s) signing the potition uoless. disability preventa the person(s) from doing so. All 'vpfolmation on tbispetnion is subject to public inspection. rram DATE STREEx and NUIVBER CITY/STATE wn= MCnvCr ofvom I ) ^. :.,.- x^^ R3g ^icivo OF VO^f$R YT7R& ^NAMB Y ^ 1 C ^ ) Q^`^Z^^ O^ UAl ( QL^tn"'J. 1 ^ Q v^ I^2 '^ (^ `a^ 1 S'/2 N^`^N'^ - 7cNAT4RE as ^ ^ ^`nv! 0 1 7n1?eJf. aa.:,. Lf ti 6 I I I ^na^.l}c2^ ; rsaiau

123 NA14II+. AATE STREET and NUMBER ClTYISTATE zm&turh^^^^ 'RUM OFVOYffit c ^e 4 oq WARD PR:ECANCT ^ RUNuID 0ONVO3ffil A, ^ 0'r4e.-k ^f^^lc^ I I oq ^;'c^h ^f ^ r. '^ ^ 1 ol^u lrr Z^`16 5 bt rkty ^ ^ ^ ^n s4^^.^ ca ( ^.^^! C^ 9 ^^ l^n ogp 1! orv^or^e^ xo varme^l^c^,1^^^^ ^D A2.1/^oe9!! of ^^'^^. AF'k'IDAV]T. OF PETTITON CIRCUI.ATO12 Stabe of Ohio ^ County ofiineas`^ being duiy ^vvoru, deposes and says that he%le resides at the addreas appearing belan '^tore ho: that he/ahe is the eircnlator_ of the foregoing petitian paper containing tares; helshe wifnessed the afftang of each signature, that ail signers were to the best of bis/her [rnow ge and belief qnalified to sign, an-t s^every signature is to the best of bis/her ksowledge and belie^the signatare of the person w ose tare it pnrp" to be. na ---, - S^ o Circuator Name o,circ tor L Y ^^L^^^fl il ^VS S ^5 S^ -PRJ P.Se-e / Addkm af Circulator^ ^ City State I Zip Code, ` 3 ^^C//1 Subscribed and sp'oru before mmethis C^ ^= day of ^ Notary Public

124 m x s a rn

125 BEFORE THE BOARD OF ELECTIONS LUCAS COUNTY, OHIO IN RE: REQUEST TO SET DATE FOR ELECTION ON RECALL OF MAYOR CARLETON S. FINIKBEINER SUPPLEMENTAL MEMORANDUM OF MAYOR FINKBEINER IN SUPPORT OF HIS PROTEST Mayor Finkbeiner respectfully submits this supplemental memorandum in support of his Protest against the invalid recall petition. A. Ohio Law Requires the Board of Elections to Make an Independent Determination of the Validity of the Recall Petition. As gatekeeper of the ballot, Ohio boards of elections have an independent duty to determine the validity of issue petitions that political subdivisions certify to them. The Ohio Revised Code defines that duty as follows: "[e]ach board of elections shall... [r]eview, examine, and certify the sufficiency and validity of petitions."' Under this statutory mandate, "if a protest is made to the board as to the validity of the petitions it is incumbent on the board to examine and determine the validity of the petitions.s2 Courts have consistently emphasized that Ohio law requires the boards of election to exercise their own judgment, not defer to the judgtnent of others: [T]he county boards of election have not only the right but also the duty, to scrutinize referendum petitions to determine whether their sufficiency and validity can be certified... Decisions of the t R.C (K). 2 State ex rel Janasik v. Sarosy (1967), 12 Ohio St.2d 5, 6, 230 N.E.2d 346; see also State, ex rel. Sinay v. Sodders (1997), 80 Ohio St.3d 224, 231, 685 N.E.2d 754 ("If the General Assembly had intended to completely divest boards of elections, which are the local authorities best equipped to gauge compliance with election laws, of their authority to determine the sufficiency and validity of these petitions, it would have done so with unambiguous language.").

126 Supreme Court make it clear that the exercise of such power is quasi-judicial and that the county board of election has the power to decline to place an issue on the ballot in instances where the statutory procedures are not complied with.3 In discharging this mandatory function, election boards have the unique power "to go beyond the face of the petitions in determining validity and sufficiency, a power which neither city council nor township board of trustees are given."4 This power is distinct from, and more fundamental than, that of the Clerk of Council: [T]he power of a municipal clerk of council to ascertain the sufficiency of a referendum petition is not co-extensive with that of a board of elections under R.C (K).5 And the Supreme Court of Ohio has made clear that, in the absence of an explicit charter provision negating state law, this mandatory power is not displaced by a city charter provision that directs a municipal clerk to determine the sufficiency of a referendum petition.6 In such a situation, the Court ruled, even when the clerk has performed the function prescribed by the city charter, "R.C (K) imposes upon the board of elections the subsequent responsibility to review, examine, and certify the sufficiency and validity of the petition.... [W]e fail to see a conflict between these provisions.i7 In sum, clearly-settled Ohio law confers upon this Board an independent responsibility to determine whether the recall petition meets the applicable requirements. 3 State ex rel. Schultz v. Cuyahoga Cty. Bd ofelections (1976), 50 Ohio App.2d 1, 4, 361 N.E.2d 477 (emphasis supplied). Id. at 5. State ex rel. Watkins v. Quirk (1978), 59 Ohio App.2d 175, 392 N.E.2d 1302 (Syllabus 112). State ex rel. Kennedy v. Cuyahoga Cty. Bd. ofelections (1976), 46 Ohio St.2d 37, 39, 346 N.E.2d 283. Id. 2

127 B. Applicable Legal Standards In discharging its independent responsibility under Ohio law, this Board must require strict compliance with applicable election laws. As the Supreme Court of Ohio has held, "the settled rule is that election laws are mandatory and require strict compliance and that substantial compliance is acceptable only when an election provision expressly states that it is."8 On the laws at issue here, the Revised Code contains no such relaxation. The recall petition does not meet the strict requirements of Ohio law because: (1) it lacks the election-falsification waming required by Ohio law; and (2) the petition does not contain sufficient signatures, compiled in compliance with applicable law to meet the minimum threshold set by the Toledo Charter. 1. The petition lacks the falsification warning required by state law. Ohio law mandates inclusion of the election-falsification warning.9 The Supreme Court of Ohio recently made clear that the Court requires strict compliance with the warning provision of Ohio Rev. Code (J).10 In the watershed case of State ex rel. Vickers v. Summit County Council, the Court rejected the petitioners' contention that the statutory requirement was merely technical and that an otherwise valid petition was not rendered invalid by failing to include the warning language. In doing so, the Court adhered to the principle that: The settled rule is that election laws are mandatory and require strict compliance and that substantial compliance is acceptable only when an election provision expressly states that it is. Neither R.C (J) nor R.C expressly permits merely substantial compliance, so they require strict compliance. 8 State ex rel. Ditmars v. McSweeney, 94 Ohio St.3d 472, 476, 2002-Ohio , N.E.2d See R.C (J) (mandating inclusion of the following language: "WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE"). 10 State ex rel. Vickers v. Summit Cty. Council, 97 Ohio St.3d 204, 2002-Ohio-5583, 777 N.E.2d 830, at 32. 3

128 Relators' petition did not comply with R.C (J) and tt Further, the Court ruled that strict compliance with state law is required, even when a municipal charter prescribes election procedures. In such a situation, the Court ruled, the petition must nonetheless meet all applicable state-law requirements, as well as those of the charter: "Petitioners must comply with statutes that do not conflict with the Ohio Constitution and the city charter before the county council has a duty to submit a charter amendment to the voters."12 This required warning of the criminal consequences of election falsification is hardly an academic issue as to the recall petition. As set forth in the Protest, the Board determined that at least two of the alleged signers of the recall petition were deceased. Other reasons for invalidation included 702 signatures that were not genuine, 7,066 signatures of persons who were not registered to vote, 6,414 signatures of persons who were not registered at the listed street address, 3,099 duplicate signatures, 438 signatures with no address, 52 signatures with no date, 11 signatures with bad dates, 89 illegible signatures and addresses, 1015 signatures of persons who did not live in Toledo, and 13 signatures that were invalid for other reasons. In sum, the record is replete with evidence of precisely the kind of falsification that the falsification warrting is intended to deter. The failure of a petition to contain the election-falsification language mandated by state law cannot be excused by a claim that the petitioners relied on the petition language t t Id. (internal citadons and quotation marks omitted). 12 Id. at In determining and announcing the mandatory character of the election-falsification statute in the Vickers case, the Supreme Court clarified its 2001 decision in Stulzman v. Madison Cty. Bd. ofelections (2001), 93 Ohio St.3d 511, 757 N.E.2d 297. See Vickers, 2002-Ohio-5583, at In that case the Court had permitted the use of a village petition that contained an outdated election-fraud warning. See id. at Vickers made clear that this holding is sharply limited to its unique facts, having arisen during a time of transition from one version of Section (J) to another. See id. at In Stutzman, the Court warned that "petitioners should follow this requirement [contained in R.C (J)] in the future to avoid any invalidation of their petition." See id. at 1128 (quoting Stulzman, 93 Ohio St.3d at 518). 4

129 provided by the municipal clerk. Such an effort to avoid state law runs afoul of the "well settled" rule that the government "cannot be estopped in the assertion of its legal rights and claims because of the mistakes or omissions of... officers or servants" of its departments or political subdivisions.13 In 1903, the Supreme Court of Ohio applied this rule to reject the effort of an insurance company to block the collection of back taxes it owed to the state on the ground that it had used tax forms provided to it by the taxation department and had relied upon the forms in calculating its tax burden.14 Framing the company's contention as an estoppel claim, the Court ruled that the state's interest in enforcement of its laws cannot be barred by erroneous ministerial acts of its officers.ls And more than a century later, in 2006, the Supreme Court of Ohio confirmed the vitality and importance of this doctrine, holding that the doctrines of equitable estoppel and promissory estoppel cannot be used against a political subdivision carrying out a govetnmental function, even where private parties have relied to their detriment on advice or have expended substantial resources in response to governmental advice.16 This rule applies with special force in the context of elections and recall petitions. Therefore, courts have repeatedly placed squarely on proponents of a recall or initiative the responsibility to ascertain and comply with the law. Thus, even where the board of elections had supplied a defective form for circulator affidavits, the court could not excuse the error by German Mut. Ins. Co v. Gibson ( 1903), 14 Ohio Dec. 80, afj'd ( 1904), 70 Ohio St. 439, 72 N.E See id. Id. 16 See Hortman v. Miamisburg, 110 Ohio St.3d 194, , 2006-Ohio-4251, 852 N,E.2d 716, at 25; see also Dehlendorf& Co. v. Jefferson Twp., Franklin Cty. No. 02AP-334, 2003-Ohio-1641, 2003 WL , at 14, 68 (finding expenditures and development efforts based on advice irrelevant because "the doctrine of equitable estoppel is not applicable against a state, its agencies or political subdivisions, when those entities are engaged in a governmental function"). 5

130 tolerating "substantial compliance.s17 Likewise, officials' informal advice has also been deemed irrelevant to questions of election law compliance.l$ Simply put, the state's interest in ensuring strict compliance with election laws is plainly fundamental, and far too important for the state to be estopped from enforcing those laws by the error or omission of a governmental official. Thus, courts have consistently ruled that petitioners who enter the public electoral realm are obligated to adhere strictly to the state's settled rules governing elections and cannot excuse their failure to do so by blaming the government itself. 2. The petition does not contain sufficient signatures. The petition itself is defective, as the previous section demonstrates. But even if this threshold defect did not condemn the petition, the failure to comply with other applicable laws and standards would do so, a. Unregistered Circulators Ohio law provides that "[n]o person shall be entitled to... circulate any... recall petition, unless the person is registered as an elector[.]"19 Tab 15 to the challenge letter identifies the twenty-four circulators who did not appear to be registered. The Lucas County Board of Elections has advised counsel that twelve of the twenty-four apparently-unregistered circulators 17 State, ex rel Van De Kerkhoffv. Dowling (1991), 61 Ohio St.3d 55, 59, 572 N.E.2d 653 (fact that city officials had supplied the original noncomphant form did not estop the city from asserting absence of circulator affidavits); see also State, ex re1. Humble v. Brown (1977), 52 Ohio St.2d 9, 368 N.E.2d 294 (election board's supplying an incorrect form did not excuse the petition proponent from strict compliance). 18 See, e.g., State ex rel. Steele v. Morrissey, 103 Ohio St.3d 355, 2004-Ohio-4960, 815 N.E.2d 1107, at (per curiam) (petition supporters' reliance on forms supplied by the Board of Elections and oral advice did not salvage a defective initiative petition); State, ex rel. Shaw v. Lynch (1991), 62 Ohio St.3d 174, 176, 580 N.E.2d 1068 (per curiam) (city official could not be estopped from asserting the invalidity of referendum petitions, despite offering misleading advice); see also State ex rel. Cody v. Stahl, Cuyahoga Cty. No , 2003-Ohio-6180, 2003 WL , at 14 (holding that an official's advice that "the difference between the circulator affidavit and the circulator statement was only a minor variance which would not render the form invalid" did not save the petition from being invalidated). 19 Ohio Rev. Code (A). 6

131 are, in fact, registered (the discrepancies arising, for the most part, from difficulties in deciphering their names as they wrote them on the circulator statements). However, even recognition of all of the signatures on their part petitions (assuming that those signatures are not otherwise problematic) within the count of valid signatures officially reported by the Lucas County Board of Elections on April 17 would result in only 19,544 valid signatures -- still 209 short of the 19,753 required by the Toledo Charter. The part petitions for which the unregistered circulators were responsible are void as a matter of law. Mayor Finkbeiner recognizes that the two concurring opinions in the Sixth Circuit decision in Nader v. Blackwell, 545 F.3d 459 (6th Cir, 2008), in the context of a national presidential election, deemed the circulator registration requirement invalid as a violation of the free-speech rights of circulators. In a national election, these local interests that undergird the requirement yield to more pressing national considerations. But those cases do not control the result here because the balance of interests in a local election is markedly different.20 Indeed, the Supreme Court of the United States has stated that "`no litmus-paper test' will separate valid ballot-access provisions from invalid interactive speech restrictions" because there is "`no substitute for the hard judgments that must be made."i21 As opposed to a national election, where national interests prevail, a state has a "fundamental power to restrict participation in its own process of self-government to members of 20 All constitutional law is a balancing test. See ENCYCLOPEDtA of AMERICAN CIVIL LtBBRTIES (Paul Finkelman ed., 2006) ("In constitutional adjudication, the balancing test is the predominate mode of case resolution. The balance that must be struck is between individual freedoms and societal needs such as the need to preserve order."). 21 Buckley v. Am. Constitutional Law Found., Inc., 525 U.S. 182, 192 (1999) (quoting Storer v. Brown, 415 U.S. 724, 730 (1974)). 7

132 its own political community."22 States have an especially compelling interest in preventing fraud in the local election process. As one court explained, "[p]reservation of the political process, including prevention of the appearance of fraud and corruption among initiative-petition circulators, is an important regulatory interest."23 That interest is all the more acute when the process occurs at the most local level -- especially when it involves the potential undoing of a duly-conducted election and potential ouster of a duly-elected local official 24 In such a circumstance, a local government has an intense interest in the integrity of its own local electoral process, and the state can further that compelling interest in local integrity by enforcing a registration requirement for petition circulators at the local level. Precisely this consideration led a Michigan court of appeals to uphold Michigan's law requiring circulator residency, distinguishing recall petitions from nominating petitions and statewide issues25 In short, the Ohio statute that requires registration of circulators reflects an intense state interest in the integrity of the state's election processes, and this interest is all the more pronounced in a local election such as this, which is itself an effort to undo the results of a duly conducted election by qualified voters. There is no countervailing interest sufficient to outweigh the compelling state and local interests reflected in the state law. Thus, the Board should enforce " Initiative & Referendum Inst. v. Sec'y ofstate, No. CIV B-C, 1999 WL , at *15 (D. Me. Apr. 23, 1999) (citing Holt Civic Club v. City of Tuscaloosa, 439 U.S. 60, (1978)). 23 Initiative & Referendum Inst., 1999 WL , at *13; see also Buckley, 525 U.S. at 187 ("[T]here must be a substantial regulation of elections if they are to be fair and honest and if some sort of order, rather than chaos, is to accompany the democratic processes."). 24 See Buckeye Community Hope Found. v. City of Cuyahoga Falls, 81 Ohio St.3d 559, 569, 1998-Ohio-608, 692 N.E.2d 997 (holding that "Sections 3 and 7, Article XVIII of the Ohio Constitution confer upon municipalities the authority `to exercise all powers of local self-government"' and analogizing a city referendum to a town hall meeting). 25 See Families Against Incinerator Risk v. Haines, No , 2004 WL (Mich. Ct. App. July 29, 2004) (per curiam). 8

133 the requirement of Ohio Revised Code (A) that "[n]o person shall be entitled to... circulate any... recall petition, unless the person is registered as an elector[.]" b. Catalog of Other Grounds for Invalidation The attachment to Tab K of the Protest identifies the other specific petitions and signatures that run afoul of the other standard grounds for invalidation of petition signatures. Those grounds, which are applicable here, are set forth in the Elections Ojjtcial Manual for Ohio County Boards of Election: 1. Only electors qualified to vote on the candidacy or issue which is the subject of the petition shall sign a petition. Each signer shall be a registered elector pursuant to section of the Revised Code. 2. Signatures shall be affixed in ink. Each signer may also print the signer's name, so as to clearly identify the signer's signature. 3. Each signer shall place on the petition after the signer's name the date of signing and the location of the signer's voting residence, including the street and number if in a municipal corporation or the rural route number, post office address, or township if outside a municipal corporation. The voting address given on the petition shall be the address appearing in the registration records at the board of elections. 4. No person shall write any name other than the person's own on any petition. No person may authorize another to sign for the person except an authorized attorney in fact in accordance with R.C On each petition paper, the circulator shall indicate the number of signatures contained on it, and shall sign a statement made under penalty of election falsification that the circulator witnessed the affixing of every signature, that all signers were to the best of the circulator's knowledge and belief qualified to sign, and that every signature is to the best of the circulator's 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. 9

134 6. If a circulator knowingly pennits an unqualified person to sign a petition paper or permits a person to write a name other than the person's own on a petition paper, that petition paper is invalid; otherwise, the signature of a person not qualified to sign shall be rejected but shall not invalidate the other valid signatures on the paper. 7. The circulator of a petition may, before filing it in a public office, strike from it any signature the circulator does not wish to present as a part of the petition. 8. Any signer of a petition or an authorized attomey in fact acting on behalf of a signer may remove the signer's signature from that petition at any time before the petition is filed in a public office by striking the signer's name from the petition; no signature may be removed after the petition is filed in any public office. 9. No alterations, corrections or additions may be made to a petition after it is filed in a public office. 10. No declaration of candidacy, nominating petition or other petition for the purpose of becoming a candidate may be withdrawn after it is filed in a public office. This does not, however, prohibit a candidate from withdrawing as a candidate as otherwide [sic] provided by law. 11. No petition presented to or filed with the Secretary of State, a board of elections, or any other public office for the purpose of the holding of an election on any question or issue may be resubmitted after it is withdrawn from a public office. 12. A question or issue petition may be withdrawn by the filing of a written notice of the withdrawal by a majority of the members of the petitioning committee with the same public office with which the petition was filed prior to the sixtieth day before the election at which the question or issue is scheduled to appear on the ballot. 13. All separate petition papers shall be filed at the same time, as one instrument. 14. If a board of elections distributes for use a petition form for a declaration of candidacy, nominating petition or any type of question or issue petition that does not satisfy the requirements of law as of the date of that distribution, the board shall not invalidate the petition on the basis that the 10

135 petition form does not satisfy the requirements of law, if the petition otherwise is valid. This applies only if the candidate received the petition from the board within 90 days of when the petition is required to be filed. Elections Official Manual for Ohio County Boards ofelection at 1-72 to CONCLUSION For these reasons and those set forth in his original Protest, Mayor Finkbeiner respectfully requests that the Board: (a) decline to set a date for the holding of a recall election; (b) reject the recall petition due to its omission of the state-required warning that election falsification is a fifth-degree felony; and (c) recognize the invalidity of the additional signatures that the proof shows to be false or otherwise invalid. Respectfully submitted, VORYS, SATER, SEYMOUR AND PEASE LLP 52 East Gay Street P.O. Box 1008 Columbus, Ohio Telephone: (614) Facsimile: (614) jjkulewicz@vorys.com ( ) LAW OFFICE OF FRITZ BYERS By 824 Spitzer Building Toledo, Ohio Telephone: (419) Facsimile: (419) tbyers@cisp.com Attorneys for Mayor Carleton S. Finkbeiner 11

136 CERTIFICATE OF SERVICE I served a copy of this supplemental memorandum by electronic mail and firstclass U.S. mail on John A. Borell, Sr., Assistant Lucas County Prosecuting Attorney and Deputy Chief, Civil Division, Suite 250, 700 Adams Street, Toledo, Ohio 43604; and Scott A. Ciolek, attorney for Take Back Toledo, Suite 820, 520 Madison Avenue, Toledo, Ohio 43604; on May a /

137 m x Q ^ V

138 Take Back Toledo Protest Hearing - June 9, 2009 (Reconvened from May 29, 2009) Patrick Kriner: Good moming. This is a continuation of the Protest Hearing before the Lucas County Board of Elections, today is Tuesday, June the 9a`, it is, by my clock 10:00 in the inorning. First and foremost, since we recessed the Protest Hearing at our last meeting, we will need a Motion from the Board to come out of recess. Gary Johnson: I'll move. Lynn Olman: Second. Patrick Kriner: I have a Motion from Gary Johnson and a second from Lynn Ohnan. I'll call the roll: Patrick Kriner: Gary Johnson? Gary Johnson: Yes. Patrick Kriner: Lynn. Olman? Lynn Olman: Yes. Patrick Kriner: Rita Clark? Rita Clark : Yes. Patrick Kriner: And I, Patrick Kriner, am a"yes". The Board is now in session on the a public Hearing on the notice of Protest for the recall petitions for Mayor Carlton Finkbeiner. I think the process as we closed the last... do I need for the record, to go through the list of (inaudible) John (Borell). Okay, um, as we left it with the recess, we gave you some additional signatures to review which would total..a.. a.. all the signatures that were reviewed on the petitions Mr. (John) Kulewicz, so um we're here to discuss those signatures today, um, any response Mr. (Scott) Ciolek, that you would have, with respect to that, again if you want to do some closing arguments and then the Board will deliberate. If that's okay. Is everyone is in agreement with that? Great. So, um, I'm just... I guess I will encourage you to try to stay focused on the additional signatures today and if there are other issues, um, our previous um portion of the Hearing that you want to reiterate, please do so but 1 think we need to... we'd like to move some things along this morning, so if you don't mind. Okay? So, there we are. I'll tuni the floor over to you, Mr. Kulewicz, with respect to the additional signatures. John Kulewicz: Thank you Mr. Chairman, members of the Board of Elections. On behalf of Mayor Finkbeiner and my co-counsel Fitz Beyers, I want to thank you for hearing us on May 29 for hearing from us again this inorning. Because of the passage of time that has

139 elapsed since May 29, let me address first the additional petitions that Ms. Howe gave us at the conclusion of the first session of this Hearing and then recap for you, the reasons this Board ought not to make an exception here for Take Back Toledo and should hold Take Back Toledo to compliance with the same standards that apply to everyone else and why the Board ought to reject this petition and decline to set a date for the recall election. Let me turn first to the supplemental petitions that we have reviewed. As the Board knows, Ms. Howe gave us a disc at the end of the first session of the meeting, with um the petitions bearing approximately 5,000 additional signatures. My colleagues and I review those and we found on those, not just the same pattem, of false signatures and otherwise invalid signatures, we found that same pattern but I mean, at even more aggravated rate. Out of the 5,000 signature that we reviewed, the Board itself found that 2,687 of those, 2,687 were invalid. My colleagues and I identified an additional 283, false or otherwise invalid signatures. We have submitted a supplemental petition that pinpoints with specificity the exact, um, signatures, the exact part petitions and lines but what you will see in those is more of the same apparent forgeries, undated signatures, otherwise unqualified or ineligible signatures by means of which Take Back Toledo is tiying to bring about this recall election. One of the main points I want to make is that on neither May 29 nor I expect today have we heard one word of specific evidence from Take Back Toledo that challenges one single signature that we have charged. There is absolutely no specific rebuttal in the evidence here. There was one witness for Take Back Toledo who said as a general matter that she was surprised that we were able to find so many additional invalid and false signatures so quickly and that she thinks that some of ours may have been ones that the Board already found. But there is absolutely no rebuttal, no specific rebuttal which is what the law and the (INAUDIBLE) require to any of the signatures we have charged. So the (INAUDIBLE) that all of these things the Board properly redeem all of those counted signatures to be false or otherwise invalid and not being capable of being counted within the...a... within the.. a.. quota for the recall election here. The other remarkable thing about that is that as we see from the one exhibit that the Take Back Toledo submitted at the Hearing was attached to its brief Take Back Toledo itself knew of the exceedingly high rate of false and invalid signatures that it was submitting to the Board. It knew that even on the very first petitions that it was reviewing, there were invalid, that the validity rate, the validity rate was only 41.52%, 42.46%, 43.93% meaning that 57, 58, 59 percent of the signatures that they were submitting to the Board were false or otherwise invalid. There was no excuse whatsoever for that. Take Back Toledo had the right under the law to cross out the signatures that it knew itself were false or otherwise invalid but yet it submitted them to this Board. And I know and I'm going to address this, with the Chairman's permission and a, a, as I continue with the closing argument here. But there is an argument that they are trying to make in terms of the equities of this situation - what should they do? But this Board should bear in mind that Take Back Toledo has opposed upon this Board the cost and taxpayer dollars and the valuable and precious resources of this Board to count, to go through those exact same signatures that Take Back Toledo itself knew were false or otherwise invalid. And what we're look at what are the real equities of this situation, on behalf of the Mayor I respectfully subnut to the Board that that's a very important equity to.. to consider here. The main point of all the thousands and thousands of false and invalid signatures that we have found here, is this is a... a real... a real practical consequences to the failure to include the warning against election fraud on that petition. This is not an academic issue, or some sort, some sort of scholarly discussion, by our count 54.1 % of these signatures knowingly submitted to this Board were false or otherwise invalid. If there were ever any case that shows why it is important to remind circulators that

140 election fraud is a fifth degree felony and why it is important to caution voters, or people who have been asked to sign a petition, that our elections process is a serious business, we need to maintain the integrity of the election process. If ever there were more and more classic cases as to why that is vital important to put on a petition, this, this case is certainly it. The evidence that we presented at the May 29 Hearing establishes why State law governs, I won't belabor that because you we kind enough to listen to us at length on that, but just in summary, as you know Section 11 of the Toledo Charter provides that in all elections under this Charter the general provisions of the State law shall govern unless a specific, unless this Charter by, makes a specific provision to the contrary. And what we have shown is the when the Charter started out in 1914 the voters included a specific provision in there for the fonn or content for the recall petitions which would displace State law but the voters took that out in Twenty-five years later, in 1959, they rejected an attempt to put that back in. In 1992, when the voters of Toledo reinstated the recall mechanism, there was no, they did not include with that a provision for the fonn or content of recall petitions other than the, the two hundred word and five member committee, but there's absolutely nothing else in there for the form or content of recall petitions by virtue of which the State law govems. It is the Board's independent duty, as we know, that we recognize, to make its own judgment as to the validity of this, these petitions. Mr. Dendinger is not, is not superior to the Board, the City clerk is not superior to the Board, Mayor Finkbeiner is not superior to the Board. The general law of the State of Ohio is what we are all here to serve and the general law of the State of Ohio provides that waming against election fraud which is not, which is not an inconspicuous or esoteric or little know fact about election law, that's the most conspicuous part of any petition and there's a reason for it. But the law of the State of Ohio provides that that was supposed to been on that petition and it was not. We presented a witness if there was any doubt as to where the City, what the City knows to be a fact here, that's resolved by the testimony that the acting Law Director presented. Adam Loukx, the acting Law Director of the City of Columbus, came before the Board he testified under oath that yes that wanvng should have been on that petition. Mr. Dendinger did not check with him evidently, but that does not excuse what Mr. Dendinger did, that does not excuse letting this petition out and that does not relieve the Take Back Toledo group from its independent to comply with the provision of State law. Take Back Toledo, it appears they are making an argument to this Board, that you should make an exception for them, you should not apply to them the same law and the same standard that applies to every other person in the City of Toledo, every other person in the State of Ohio in similar circumstances. You should make an exception for them because, a, because of the fact this is the petition that the clerk gave them. Let's step back for one second and look at that. That is either a legal argument they are making or it is an equitable argument. If it's a legal argument they are making what they are telling you is that Section 93 of the Toledo Charter provides that the clerk shall issue a petition for them and the petitioner shall use that form, but that legal argument does not go anywhere for thein because nothing in Section 93 says that there is nothing more or less important than any other provision in that Charter. Section 92 addresses the form and content of petitions but does not include recall petitions by virtue of which State law prevails and Section 11 of the Charter says the general provision of the State of Ohio govern. Nothing in Section 93 says not withstanding anything else in this Charter, the clerk can issue a petition in whatever form he wants and that petition shall be the law. The, the Charter does not say the clerk makes up the law here, what the Charter said, what the Charter says is that the general laws of the State of Ohio prevail unless there is a specific provision to the contrary. And

141 there is no provision to the contrary. Nothing in that Charter says that Mr. Dendinger, sys that the clerk of the council, is the law here. That appears to be the legal position that Take Back Toledo is.. a... espousing in front of this Board - saying in essence that Section 93 prevails over Section 92. As a matter of law, that cannot be the fact, there is no logical basis for that proposition. And then Take Back Toledo is making an effort that may be an equitable argument - is it oiily fair that we be able to go forward with this petition, shouldn't you make an exception for us because of this petition? But this is where, this is where, a stitch in time is going to save nine. We all know that there is a... appears to be a growth in recall petitions, recall efforts, not only in the State of Ohio but around the country, so the Board is going to be setting an extraordinarily important precedent here. What do we do in a situation like this? Do we make people get it right from the start, or do we indulge one exception after another? One exception after another which is what...what... going down the road here. If we indulge this exception, then are we also going to indulge in exception for truth or false election statements? Are we also going to indulge exceptions in campaign finance laws? Are we also going to indulge exceptions for Take Back Toledo on election day irregularities? As a matter of equity there should be no exceptions, the Toledo Charter sets forth fair principles to which everyone is expected to.. a.. a..confonn and there is no reason for an exception on the part of Take Back Toledo. Then they make an argument Mr. Ciolek said, told the Board, "Well the fact is there are several thousand people who signed this petition" and evidently because it might make right, therefore you should yield to the 19,000 people who signed this petition. But the 19,000 people who signed the petition, with all respect to them, are no more or less important then the 33,000 people, who in 1934, voted to take the form and content of recall petitions out of the Charter. They are no more or less important than the 49,000 people in 1959, who rejected an attempt to put back in the Charter a provision with respect to form or content of recall petitions. They are no more important than the 132 members of the General Assernbly and the Governor who enacted into law, the present form in Section J in there, which provides you must include the elections fraud warning in there and they are no more important then the seven members of the Supreme Court of Ohio, who have said in every case that has come before the Supreme Court, with these same facts, at least since 1994, every case that they have had, when they put these in our supplemental brief, says it's regrettable when this happens, when an election official inakes a inistake or gives wrong advice, but regrettable or not, it's not an equitable matter, it's a matter of law. For us to have an elections system in Ohio that going to work right, we cannot start to make exceptions like this especially in the case of the elections fraud warning: That is not, not a suggestion, it is not a recommendation, it's not something we can put in when we want and not put in when we don't want. It is a requirement in strict compliance required by the Ohio Revised Code. In the Supreme Court this had come up time and time again since 1990, on at least five occasions. There were, in our brief, in Supreme Court each time has told the people, has told the petitioners look, we all have to conform to the same law here, and it's the law that prevails not what the local... not in the State by a local elections official regrettable as that is. That does not excuse anybody from compliance with the obligations of the law. So, if what Take Back Toledo is espousing as a legal argument, to why Mr. Dendinger, why the clerk of council ought to be the law here, that does not prevail because the clerk of council is not the law, the law is the law and respectfully submit that, this Board is the Board that must... has the obligation to enforce the law. If we make a departure from the law here on legal grounds, we are opening the door to all sorts of in-egularities, exceptions and improprieties in the elections process. There is no equitable argument because the Supreme Court of Ohio has made clear that as regrettable as it

142 may be, if.. if there has been a mistake in the first instance that does not constitute a ground for an exception to compliance with the law. We're all expected to comply with the law regardless of who we are and there is no need for an exception here on the part of Take Back Toledo. Finally.. let me just conclude by saying that as we all know, the Board is going to be setting an important precedent by its decision here today. That precedent will respectfully submit, submits should be that you are trying to undo the results of a scrupulously conducted election in which the majority of the voters have elected a person to office for a term of years, if that's what you are trying to do, you must just as scrupulously observe the requirements of the law. The law here required a specific nuinber of proper signatures, which, proper signatures which it did not provide and more importantly, the overriding point is the law required that there be a warning of elections fraud on these petitions. The absence of that has led to serious and substantial problems here, over 24,000 false and invalid signatures by our count, there are on these petitions. If we open the door for that precedent here especially in the contexts of a recall election where there has been a scrupulously conducted election in The voters elected soineone to office for a prescribed term of years with the expectation that that person would stay in office for the prescribed term of years, if you're going, if you want to try to undo the result of that election you are expected to be just as scrupulous as the election authorities who conducted it in the first place. On behalf, it would not be fair to everyone else in the State of Ohio who is expected to rigorously comply with election law, to make an exception here for Take Back Toledo. It would not be fair to the petitioners and every case that has come before the Supreme Court, every identical case that has come before the Supreme Court since 1990 and the Supreme Court has said, the law is the law and the law has to govern these petitions. It would not be fair to them to make an exception to Take Back Toledo, it would not be fair to Mayor Finkbeiner to make an exception for Take Back Toledo and ultimately for all of us in the State of Ohio it would not be fair to make an exception that ultimately could lead to a serious erosion in the integrity of our elections process. On behalf of Mayor Finkbeiner, thank you very much for your consideration. Patrick Kriner: Thank you. Um, at this time a rebuttal Mr. Ciolek? Scott Ciolek: Thank you Mr. Chairman. Take Back Toledo is not asking for an exception to (INAUDIBLE) in this case. They're asking for the Board to simply apply the law that applies in this situation. The Finkbeiner attorneys are making appeals to public policies and making overtures to taxpayer dollars and they are doing this because the law sirnply is not on their side. From a case called Wilson versus the City of Pickerington, we know that a Municipal Charter takes precedent over the Ohio Revised Code as related to referenda. We know that a referendum is a question put to the voters just like a recall. In fact, a recall is a subset of a referenda. In the argument that Section 93 does not apply to recall petitions, or that somehow the City Charter does not speak to the form and content of recall petitions is absurd given the text of Section 93, wliich I would just like to read onetime. Section 93, Uniformity of Petition Papers - Petition papers circulated with respect to any proposition, any proposition, shall be uniform in character and fonn. The clerk shall determine and keep on file forms of blanks to be used, not might to be used, to be used in the several instances of petition, and all petition papers shall conform to such forms respectfully. The clear meaning of Section 93 is that the clerk of council has the authority and the duty to maintain forms for all the different petitions drives that could take place in the City of Toledo. He has done this, the recall effort has gone to the clerk of council, has gotten the petitions, they have filled them out to the best of their ability. There is no

143 exception here. In every petition drive there are going to be petitions that are invalid. As far as the accusation that Toledo, that Take Back Toledo should have scratched out these petitions, they were under the iinpression that they, that it was an improper thing to do. They had worked with the Board of Elections, the results that the Take Back Toledo verification process yielded was really close to the results of the verification process used by the Board of Election. And as far as the idea that this election falsification notification in the Ohio Revised Code is in its absence is responsible for the, the um, verification rates, I think that is also absurd. The, the election falsification notification required by Ohio Revised Code for cities that do not have Charter provisions like Toledo has, says that if you are guilty election fraud, you are guilty of a fifth degree a felony. Um Toledo has opted to have a higher standard, and, and their standard they have you sign an affidavit that says that you're swearing to the authenticity of the signature and the penalty for perjury, which is what happens when you lie on an affidavit, is a third degree felony which is a much higher standard than a fifth degree felony, um reported by the Ohio Revised Code elections falsification notification. And as far as Take Back Toledo's response to the, the objections to the individual signatures on the petitions. Take Back Toledo's position is that they used the procedures given to them by the Board of Elections and the results that were generated by the Board of Elections, Take Back Toledo is willing to stand behind. And, and that is all we have to say. Thank you very much. Patrick Kriner: Thank you. Did you want to respond Mr. Kulewicz? John Kulewicz: Yea, just a brief moment of rebuttal Mr. Chairman. First of all, we absolutely agree which now appears to be the position of Take Back Toledo, this Board should simply apply the law and the law here is as we have said the general law of the State of Ohio prevails because there is no specific provision in the Toledo Charter to the contrary. The Wilson versus Pickerington case I've looked at and I'm sure and perhaps Mr. Borell has as well. What you will see in there is that, that the court allowed a defective petition in that case to go forward because the Pickerington Charter said the, the general laws of the State of Ohio shall apply to referenda, general law of the State of Ohio shall apply to initiatives but there was a third section, recalls are not a subset of referenda or initiatives, they are an entirely different, entirely different sort of election. There's a third section in the Toledo Charter which did not say anything about the appa, appli, applicability of the general laws of the State of Ohio and therefore the courts said, by definition then, if Pickerington wants to have its own laws. Here we have a case where the Toledo Charter specifically said in all elections, the general laws prevail unless we make a specific provision to the contrary and there is no contrary provision here. The other... the point that they should be allowed to go forward on this because it is the petition that the clerk issued, that ultimately boils down here is the great, great danger in that. Could the clerk put anything in that petition that he wanted to? Would, would we let the clerk get away with putting anything in that petition that he wanted to? At some point the clerk has to observe the law and put into that petition what the law requires. If we let... the clerk is not above the law, nobody is above the law. If we accept that petition, their position that they should be entitled to do whatever the clerk says to do on that petition that means that the clerk is immune from judgment and if you have any doubt about that, we know, we specifically advised the Board in our protest that under the law we filed, there is also an administrative appeal that we have filed from that decision of the court. And that administrative appeal which is pending in the Common Pleas Court, I want you, to make sure you know what the clerk has told the court there. The clerk has moved to dismiss