IN THE SUPREME COURT OF OHIO State of Ohio City of, ex rel. Committee for the Charter Amendment for an Elected Law Director Lucian A. Dade, Chairperson, et al Relators CASE NO. 2007-1687 ORIGINAL ACTION IN MANDAMUS EXPEDITED ELECTION CASE V. City of et al Respondents RELATORS' EVIDENCE VOLUME I (AFFIDAVITS) Gerald W. Phillips (0024804) Phillips & Co., L.P.A. P.O. Box 269 461 Windward Way Avon Lake, Ohio 44012 (440) 933-9142 Fax No. (440) 930-0747 gwphi1150@yahoo.com Attorney for Relators SEP 1 4 20[l7 CLERK OF COURT SUPREME COURT OF OHIO Stephen M. O'Bryan (0009512) Counsel of Record Patrick J. Krebs (0072828) Majeed G. Makhlouf (0073853) Taft, Stettinius, & Hollister LLP 2000 Public Square Suite 3500 (216) 241-2838 Fax No. (216) 241-3707 sobryan@taftlaw.com pkrebsna,taftlaw.com nnnakhloufna,taftlaw.com Donald J. McTigue (0022849) Mark A. McGinnis (0076275) The McTigue Law Group 550 East Walnut St. Columbus, Ohio 43214 (614) 263-7000 Fax No. (614) 263-7078 mcti muelaw@rrohio.com Attorneys for Respondents
The Relators who hereby submit the attached Relators Evidence Volume I in the herein original action. Respectfully Submitted; Gerald W. Phillips (0024804) Phillips & Co. L.P.A. P.O. Box 269 Avon Lake, Ohio 44012 (440) 933-9142 Attomey for Relators Proof of Service A copy of the Relators Evidence Volume I has been personally served upon Stephen M. O'Bryan, Taft, Stettinius, & Hollister LLP, Attorney for Respondent, 200 Public Square, Suite 3500, Cleveland, Ohio 44 1 1 4-23 02 pursuant to Ohio Supreme Court Rule 1, 3 (A) this 24`h day of September 2007. Gerald W. Phillips (0024804) Attorney for Relators
IN THE SUPREME COURT OF OHIO State of Ohio City of, ex rel. CASE NO. 2007-1687 Committee for the Charter Amendment for ) ORIGINAL ACTION IN an Elected Law Director ) MANDAMUS Lucian A. Dade, Chairperson, et al AFFIDAVIT IN SUPPORT OF Relators ) VERIFIED COMPLAINT IN MANDAMUS AND APPLICATION V. ) FOR PEREMPTORY WRIT OF MANDAMUS AND/OR City of et al ) ALTERNATIVE WRIT OF MANDAMUS Respondents (EXPEDITED ELECTION CASE) I, Gerald W. Phillips, being first duly sworn, based upon my own personal information and knowledge, depose and state as follows: 1. That I am Counsel for the Relators in the herein action; 2. That I have prepared, drafted, filed, reviewed and checked the Charter Amendment Petitions in the herein action; 3. That I have inspected public records and documents in the possession of the Respondents, and the Board of Elections pertaining to, related to, and associated with the Charter Amendment Petitions; 4. That I did attend the special city council meeting on September 6, 2007 held by the City of for the Charter Amendment Petitions;
5. That I am competent to testify as to all matters stated and contained in the Verified Complaint for Mandamus including the attached Exhibits A through 0 and this Affidavit; 6. That I have read and reviewed the Verified Complaint in Mandamus including attached Exhibits A through 0 and the facts contained therein, and based upon my own personal knowledge and information the facts statements and claims contained in the Verified Complaint for Mandamus are true and correct; 7. That I have read and reviewed the Verified Complaint in Mandamus including the attached Exhibits A through 0 and the facts contained therein, and based upon my own personal knowledge and information the Exhibits A through 0 are true accurate and correct copies of the originals; 8. That the Relator the Committee for the Charter Amendment for an Elected Law Director, is the duly authorized committee designated for the Charter Amendment Petitions (hereinafter referred to as the "Committee"); 9. That the Relator, the Committee, is composed of the following taxpayers, residents, and members: Relators, Lucian A. Dade, Chairperson, Karen Dade, and Eric Hansen; 10. That the Relator Lucian A. Dade is also commonly known in the residential and business community as Alex Dade; 11. That the Relator Eric Hansen also owns a personal residential dwelling at 600 Bradley Rd., Ohio 44140, in addition to his residence at 30401Ednil Dr.,, Ohio 44140;
12. That the Respondent Joan T. Kemper is the Clerk of Council for the City of (hereinafter referred to as "Clerk"); 13. That the Respondent City of is a charter municipality in the State of Ohio (hereinafter referred to as the "City"); 14. That the Respondent City of 's legislative authority or body is its City Council, composed of seven members, Brian C. Cruse its President, Paul A. Koomar, Donald L Zimmerman, Mark E. Barbour, James R. Scott, Scott A. Pohlkamp, and Michael A. Young (hereinafter referred to as "City Council"); 15. That on August 29, 2007 the Committee filed with the Clerk, forty six (46) Part Petitions containing 907 signatures for an amendment to the City Charter of the City of, Proposed Charter Amendment: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ("Charter Amendment Petitions") as one (I) instrument, a true and accurate copy of the receipt for the Charter Amendment Petitions is attached hereto and made a part hereof as Exhibit A; 16. That on August 29, 2007 the Committee by and through its Counsel filed with the Clerk a memorandum of law stating the number of signatures needed for the Charter Amendment Petitions, the constitutional duty to "forthwith" submit the Charter Amendment Petitions to the electorate at the November 6, 2007 General Election, that time was of the essence, and case law and authority to assist the Respondents in the performance of their constitutional duty with respect to the Charter Amendment Petitions to "forthwith" submit them to the electorate at the November 6, 2007 General Election, a
true and accurate copy of the memorandum of law is attached hereto and made a part hereof as Exhibit B; 17. That on August 29, 2007 the Respondent City Council by its President Brian C.. Cruse wrote a cover letter to the Cuyahoga County Board of Elections ("Board of Elections") which was delivered to the Board of Elections with the Charter Amendment Petitions on August 30, 2007, a true and accurate copy of the letter is attached hereto and made a part hereof as Exhibit C("Submission Letter"); 18. That on August 30, 2007 the Clerk delivered the Charter Amendment Petitions and the Submission Letter to the Board of Elections, a true and accurate copy of the receipt for these documents is attached hereto and made a part hereof as Exhibit D; 19. That on August 30, 2007 and August 31, 2007 the Board of Elections checked and verified the signatures on the Charter Amendment Petitions and determined that there' were 825 valid signatures of duly registered voters in the City of on the Charter Amendment Petitions and that 677 valid signatures were needed for the Charter Amendment Petitions, a true and accurate copy of the Board of Elections Signature Verification Statement is attached hereto and made a part hereof as Exhibit E; 20. That on August 31, 2007 the Board of Elections informed the Respondents that the Board of Elections had finished its verification of signatures on the Charter Amendment Petitions and that the Board of Elections Signature Verification Statement and Charter Amendment Petitions were available for pick up, and the Clerk did pick up the Board of Elections Signature Verification Statement and Charter Amendment Petitions on August 31, 2007 as is evidenced by Exhibit D;
21. That upon receipt of the Board of Elections Signature Verification Statement and Charter Amendment Petitions on August 31, 2007 the Respondent City Council by its President Brian C. Cruse contested the signature requirement of 677 and asked the Board of Elections to provide him with the number of registered voters in the City of, and the Board of Elections responded and provided the Respondent City Council President Brian C. Cruse with a response, and a true and accurate copy of the response is attached hereto and made a part hereof as Exhibit F; 22. That the Respondents in response to the Relators filing of the Charter Amendment Petitions and the signature verification by the Board of Elections scheduled a special council meeting for September 6, 2007 at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections, but they did not send or give the Relators Counsel any written notice of the special council meeting; 23. That the Respondents did not inform or notify the Relators that they were challenging and contesting the signature requirement for the Charter Amendment Petitions or their validity or sufficiency; 24. That the Relators after extensive research and investigation discovered that the Respondents were challenging and contesting the signature requirement for the Charter Amendment Petitions, and they immediately prepared and submitted a letter informing the Respondents of their clear error of law and demanding and requesting the performance of their mandatory duty enjoined by law to submit the Charter Amendment Petitions to the electorate at the November 6, 2007 General Election, a true and accurate
copy of their letter is attached hereto and made a part hereof as Exhibit G, ("Taxpayers Demand Letter"); 25. That the Relators provided the Clerk with copies of the Taxpayers Demand Letter for herself and for all members of Respondent City Council, and a true and accurate copy of the letter providing these copies is attached hereto and made a part hereof as Exhibit H; 26. That the Respondent City's Law Director Gary A. Ebert retained the services of outside counsel Stephen M. O'Bryan from the law firm of Taft, Stettinius & Hollister to respond and advise Respondent City Council with respect to the Charter Amendment Petitions and the Taxpayers Demand Letter; 27. That on September 6, 2007, the Respondent City Council held its special city council meeting at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections; 28. That the Respondents prepared an agenda for the special council meeting for September 6, 2007 which included a proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions which was distributed to the public and to the Relators for the first time at the special council meeting, a true and accurate copy of the agenda including the proposed ordinance is attached hereto and made a part hereof as Exhibit I; 29. That at the September 6, 2007 special city council meeting the outside counsel of the Respondents Stephen M. O'Bryan retained by the Respondent City's Law Director Gary A. Ebert rejected the Relators Taxpayers Demand Letter;
30. That at the September 6, 2007 special city council meeting, the proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions, Ordinance No. 07-83 was defeated by a vote of two (2) yeas, four (nays) and one (1) absent member after considering the advice consultation and opinions of the outside counsel of the Respondents Stephen O'Bryan retained by the Respondent City's Law Director Gary A. Ebert, a true and accurate copy of Ordinance No. 07-83 and the vote upon Ordinance No. 07-83 is attached hereto and made a part hereof as Exhibit J; 31. That the Respondent informed the Board of Elections of the vote on Ordinance No. 07-83 on September 7, 2007, a true and accurate copy of the transmittal and receipt is attached hereto and made a part hereof as Exhibit K; 32. That the Respondents determination of the number of valid signatures needed for the Charter Amendment Petitions 1,444 is based upon the City Charter, Section 13.5, a true and accurate copy of this section is attached hereto and made a part hereof as Exhibit L; 33. That pursuant to law the correct number of valid signature needed for the Charter Amendment Petitions is 677, 10% of the voters who voted in the last municipal election which would be November 8, 2005 (10% x 6,768), Ohio Constitution Article XVIII, 14, State ex rel Huebner v W. Jefferson Village Council (1996) 75 OS 3rd 381, 384; 34. That the Charter Amendment Petitions are valid and sufficient since they have 825 valid signatures on them;
35. That the Charter Amendment Petitions contain only one subject as evidenced by the title for the Charter Amendment Petitions: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter; 36. That pursuant to law any alterations corrections or additions to the Charter Amendment Petitions were made to them prior to the filing of the Charter Amendment Petitions with the Clerk; 37. That pursuant to law the Committee corrected a typographical error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Typographical Error") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A, a true and accurate copy of the Typographical Error is evidenced by a true and accurate copy of one of the part petitions, Part Petition No.1, Exhibit M; 38. That Pursuant to law the Committee made two (2) changes on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade, his commonly used name in the business and residential community, to his legal name Lucian A. Dade, and to change the address of Eric Hansen from his residence address of 600 Bradley Rd., Ohio 44140 to his present residence address of 30401 Ednil Dr., Ohio 44140 prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007
("Committee Change") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A; 39. That the four (4) part petitions with the Committee Change contained 73 gross signatures, and 67 valid signatures, true and accurate copies of the four (4) part petitions, Part Petition No. 12, 13, 23, and 24, are attached hereto and made a part hereof as Exhibit N-1 thru N-4; 40. That the four (4) part petitions with the Committee Change, Exhibit N-1 thru N-4, had page numbers on them, all of the rest of the part petitions did not have page numbers on them, therefore the Respondent determined that there were not uniform; 41. That on August 29, 2007 pursuant to law the Committee filed with the Clerk the Charter Amendment Petitions as one (1) instrument, as evidenced by Exhibit A; 42. That the substantive content and form of the Charter Amendment Petitions were all uniform and identical as evidenced by Exhibit M and Exhibits N-1 thru N-4, when the Charter Amendment Petitions were filed with the Clerk on August 29, 2007 as evidenced by Exhibit A; 43. That there was no fraud or misrepresentation in the circulation of the Charter Amendment Petitions; 44. That there will be a nominal cost to the City of to submit the Charter Amendment Petitions to the electors at the November 6, 2007 General Election since elections will already be held in the City of. A cost of a special municipal election other than at the November 6, 2007 General Election will result in substantial additional cost and expense to the City of ;
45. That the last day to submit the Charter Amendment Petitions to the Board of Elections in order to be placed on the November 6, 2007 General Election is September 7, 2007; 46. That on August 29, 2007 I personally on behalf of the Committee filed with the Clerk, forty six (46) Part Petitions containing 907 signatures for an amendment to the City Charter of the City of, Proposed Charter Amendment: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ("Charter Amendment Petitions") each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, all forty-six (46) part petitions were bound together with one (1) large binder as one (1) instrument, as evidenced by Exhibit A attached to the Complaint; 47. That the circulators of the Charter Amendment Petitions received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") to be followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions prepared by me is attached hereto and made a part hereof as Exhibit P; 48. That there are four (4) wards and twenty-one (21) precincts in the City of and based upon current Cuyahoga County Board of Elections costs for personnel, equipment, supplies, and operating costs, the cost per precinct could
reasonably expect to be between $1,000 to $1,250 per precinct, totally $21,000 to $26,250 for the cost of special election; 49. That attached hereto are true and accurate copies of the receipts for the filing fee and the cash deposit for security for costs in the herein action pursuant to Ohio Supreme Court Rule XV, 2 which I personally received from the Clerk of Courts on September 10, 2007 prior to filing the herein action, marked as Exhibit U; 50. That attached hereto is a true and accurate copy of the written rejection of the Taxpayers Demand letter I received by email on September 10, 2007 confirming the rejection made at the September 6, 2007 special council meeting which I became aware of after filing the herein action, marked as Exhibit GG; 51. That on or about May 13, 2007 the decision to go forward with the circulation of the Charter Amendment Petition was made by Lucian A. Dade, Karen Dade, and Eric Hansen in a meeting with me and a committee was formed composed of those three (3) individuals as members and with Lucian A. Dade as chairperson also known as the spokesperson; 52. That attached hereto and made a part hereof are true and accurate copies of the current provisions of the City Charter for Section 4.2, Section 4.3 and Section 11.2, marked as Exhibit V; 53. That the Relator Committee by unanimous consent made a decision to correct an error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions. This correction was made by the Relator Committee after the electors signed the Charter Amendment Petitions. The Relator Committee
directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 54. That the Relator Committee by unanimous consent made a decision to correct two (2) items on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade to Lucian A. Dade, and to change the address of Eric Hansen from 600 Bradley Rd., Ohio 44140 to 30401 Ednil Dr., Ohio 44140. This correction was made by the Relator Committee after the electors signed Part Petition No. 12, 13, 23, and 24. The Relator Conunittee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 55. That Part-petition No. 20 was corrected to add the following two (2) lines at the end of page one (1) of Part Petition No. 20, "and shall continue to be duly admitted to the practice of law in this State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her". This decision by unanimous consent of the Committee to make this correction was made by the Relator Committee after the electors signed Part Petition No. 20. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 56. That Lucian A. Dade resides at 584 Bradley Rd., Ohio 44140, Karen Dade resides at 584 Bradley Rd., Ohio 44140, and Eric Hansen
presently resides at 30401 Ednil Rd., Ohio 44140 and that Lucian A. Dade, Karen Dade, and Eric Hansen are taxpayers, electors, residents and citizens in the City of, Ohio; 57. That Lucian A. Dade, his legal name, is also well known as Alex Dade by the City of public officials, the news media, city wide, in his residential neighborhood, in the business community, and among community groups and organizations, a true and accurate copy of his business card is attached hereto as Exhibit W; 58. That the petition form for the Charter Amendment Petition was prepared by me and transmitted both electronically and physically to Lucian A. Dade chairperson for the Committee on or about May 23, 2007; 59. That attached hereto and made a part hereof is a true and accurate copy of the Cuyahoga Board of Elections analysis, petition by petition of the signatures on the Charter Amendment Petition arriving at its total of 825 valid signatures with a comparison of the Board of Elections Petition No. as compared to the Committee's Petition No., Exhibit AA; 60. That attached hereto is a true copy of the council meeting minutes for the special council meeting held on September 6, 2007 which I attended, Exhibit BB; 61. That a majority of City Council members for the City of including Council President Brian C. Cruse, opposed the Charter Amendment Petition as is evidenced by their opposition to adding a provision in the non-partisan primary election charter amendment to provide for the office of an elected law director, which was indicated by the passage of the non-partisan election charter amendment without
such a provision, a true and accurate copy of the ordinance placing the non-partisan primary election charter amendment on the ballot, Exhibit II is attached hereto and made a part hereof; 62. That Pursuant to law the correct number of valid signature needed for the Charter Amendment Petitions is 677, 10% of the voters who voted in the last municipal election which would be November 8, 2005 (10% x 6,768), Ohio Constitution Article XVIII, 14, State ex rel Huebner v W. Jefferson Village Council ( 1996) 75 OS 3`d 381, 3 84 as is evidenced by true and accurate copies of the Board of Elections records attached hereto and made a part hereof, Exhibit C-1, C-2, and C-3; 63. That I have been involved in about approximately fifty (50)referendum, initiative, and charter amendment petition drives, the validation rate herein 90.9%, 825 valid signatures out of a possible 907 is the highest obtained on all of these other petitions drives; 64. That on August 29, 2007, an individual named Tim Maloney residing at 225 Westwinds #34, Avon Lake, Ohio 44012 identifying himself, left a message on the answering machine of Lucian A. Dade, stating that it was a shame that the Committee failed to get enough valid signatures since it did not obtained 10% of the registered electors in the City of, 907 signatures is insufficient, and that if he paid their attorney Gerald W. Phillips for legal services in the preparation and circulation of the Charter Amendment Petition the Committee wasted their money and should get its money back which I listened to. Tim Maloney has significant ties with the City of Bay Village, Mayor Deborah Sutherland being her former campaign manager, and contributing $1,000 to her campaign and Brian C. Cruse contributing $2,500 to his recent
Council President campaign as is evidenced by true and accurate copies of the campaign contribution reports Exhibits DD-1, and DD-2; 65. That the Board of Elections as the insistence of Respondent City Council President Brian C. Cruse, revised the number of required signatures needed to meet the requirement of the City Charter Section 13.5 but such revision is not a final determination of the number of signatures required, as is evidence by Exhibits C, E, F, EE-1, EE-2; 66. That as a result of the contesting of the signature requirement for the Charter Amendment Petition, the special council meeting notice for September 6, 2007 was changed to provide for an executive session meeting prior to the conducting of any business at the special council meeting, a true and accurate copy of the original notice of the special council meeting without any executive session is attached hereto and made a part hereof as Exhibit FF; 67. That the City of has not passed an ordinance or resolution retaining outside counsel with respect to the Charter Amendment Petitions; 68. That I did have telephone calls and conversations with Joan Kemper and the Board of Elections Sharon Kane on August 31, 2007 who both informed me that the charter amendment petitions were checked, there were 825 valid signatures on the Charter Amendment Petition in excess of the 677 required number of signatures;
Gerald W. Phillips SWORN TO AND SUBSCRIBED to before me a notary public this 23RD day of September 2007. Notary Public s ^..:-- - ^ a. ^. ^^r'9^' Iqf^^^,.JN O s _ A1MNMKPHLLPB InwM ranmadib My CoaMrONon EOas On: 30 l1lrn/. -zoo9
State of Ohio Cuyahoga County Affidavit I, Lucian A. Dade, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That the Relator the Committee for the Charter Amendment for an Elected Law Director, is the duly authorized committee designated for the Charter Amendment Petitions (hereinafter referred to as the "Committee"); 2) That the Relator, the Committee, is composed of the following taxpayers, residents, and members: Relators, Lucian A. Dade, Chairperson, Karen Dade, and Eric Hansen; 3) That the Relator Lucian A. Dade is also commonly known in the residential and business community as Alex Dade; 4) That the Relator Eric Hansen also owns a personal residential dwelling at 600 Bradley Rd., Ohio 44140, in addition to his residence at 30401Ednil Dr.,, Ohio 44140; 5) That the Respondent Joan T. Kemper is the Clerk of Council for the City of (hereinafter referred to as "Clerk"); 6) That the Respondent City of is a charter municipality in the State of Ohio (hereinafter referred to as the "City"); 7) That the Respondent City of 's legislative authority or body is its City Council, composed of seven members, Brian C. Cruse its President, Paul A. Koomar, Donald L Zimmerman, Mark E. Barbour, James R. Scott, Scott A. Pohlkamp, and Michael A. Young (hereinafter referred to as "City Council");
8) That on August 30, 2007 and August 31, 2007 the Board of Elections checked and verified the signatures on the Charter Amendment Petitions and determined that there were 825 valid signatures of duly registered voters in the City of on the Charter Amendment Petitions and that 677 valid signatures were needed for the Charter Amendment Petitions, a true and accurate copy of the Board of Elections Signature Verification Statement is attached hereto and made a part hereof as Exhibit E; 9) That the Respondents in response to the Relators filing of the Charter Amendment Petitions and the signature verification by the Board of Elections scheduled a special council meeting for September 6, 2007 at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections, but they did not send or give the Relators Counsel any written notice of the special council meeting; 10) That the Respondents did not inform or notify the Relators that they were challenging and contesting the signature requirement for the Charter Amendment Petitions or their validity or sufficiency; 11) That on September 6, 2007, the Respondent City Council held its special city council meeting at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections; 12) That the Respondents prepared an agenda for the special council meeting for September 6, 2007 which included a proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions which was distributed to the public and to the Relators for the first time at the special council
meeting, a true and accurate copy of the agenda including the proposed ordinance is attached hereto and made a part hereof as Exhibit I; 13) That at the September 6, 2007 special city council meeting the outside counsel of the Respondents Stephen M. O'Bryan retained by the Respondent City's Law Director Gary A. Ebert rejected the Relators Taxpayers Demand Letter; 14) That at the September 6, 2007 special city council meeting, the proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions, Ordinance No. 07-83 was defeated by a vote of two (2) yeas, four (nays) and one (1) absent member after considering the advice consultation and opinions of the outside counsel of the Respondents Stephen O'Bryan retained by the Respondent City's Law Director Gary A. Ebert, a true and accurate copy of Ordinance No. 07-83 and the vote upon Ordinance No. 07-83 is attached hereto and made a part hereof as Exhibit J; 15) That the Respondents determination of the number of valid signatures needed for the Charter Amendment Petitions 1,444 is based upon the City Charter, Section 13.5, a true and accurate copy of this section is attached hereto and made a part hereof as Exhibit L; 16) That pursuant to law the correct number of valid signature needed for the Charter Amendment Petitions is 677, 10% of the voters who voted in the last municipal election which would be November 8, 2005 (10% x 6,768), Ohio Constitution Article XVIII, 14, State ex rel Huebner v W. Jefferson Village Council (1996) 75 OS 3d 381, 384;
17) That the Charter Amendment Petitions are valid and sufficient since they have 825 valid signatures on them; 18) That the Charter Amendment Petitions contain only one subject as evidenced by the title for the Charter Amendment Petitions: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter; 19) That pursuant to law any alterations corrections or additions to the Charter Amendment Petitions were made to them prior to the filing of the Charter Amendment Petitions with the Clerk; 20) That pursuant to law the Committee corrected a typographical error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions prior to filing the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Typographical Error") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A, a true and accurate copy of the Typographical Error is evidenced by a true and accurate copy of one of the part petitions, Part Petition No. l, Exhibit M; 21) That pursuant to law the Committee made two (2) changes on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change my name Alex Dade, my commonly used name in the business and residential community, to my legal name Lucian A. Dade, and to change the address of Eric Hansen from his residence address of 600 Bradley Rd., Ohio
44140 to his present residence address of 30401 Ednil Dr., Ohio 44140 prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Committee Change") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A; 22) That the four (4) part petitions with the Committee Change, Exhibit N-1 thru N-4, had page numbers on them, all of the rest of the part petitions did not have page numbers on them, therefore the Respondent determined that there were not uniform; 23) That the substantive content and form of the Charter Amendment Petitions were all uniform and identical as evidenced by Exhibit M and Exhibits N-1 thru N-4, when the Charter Amendment Petitions were filed with the Clerk on August 29, 2007 as evidenced by Exhibit A; 24) That there was no fraud or misrepresentation in the circulation of the Charter Amendment Petitions; 25) That there will be a nominal cost to the City of to submit the Charter Amendment Petitions to the electors at the November 6, 2007 General Election since elections will already be held in the City of. A cost of a special municipal election other than at the November 6, 2007 General Election will result in substantial additional cost and expense to the City of ; 26) That the last day to submit the Charter Amendment Petitions to the Board of Elections in order to be placed on the November 6, 2007 General Election is September 7, 2007; 27) That the circulators of the Charter Amendment Petitions received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules
and Instructions") to be followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions prepared by the Relators' Attorney is attached hereto and made a part hereof as Exhibit P and which I followed in the circulation of my Part Petition No. 5 and 53, true and accurate copies of these Part Petition No. 5 and 53 are attached hereto and made a part hereof as Exhibit X-1 and X-2; 28) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue, and this procedure was to be followed by all circulators; 29) That on or about May 13, 2007 the decision to go forward with the circulation of the Charter Amendment Petition was made by me, Karen Dade, and Eric Hansen in a meeting with our Counsel Gerald W. Phillips and a committee was formed composed of those three (3) individuals as members and with me as chairperson also known as the spokesperson; 30) That the Relator Committee by unanimous consent made a decision to correct an error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions. This correction was made by the Relator Committee after the electors signed the Charter Amendment Petitions. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was
made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 31) That the Relator Committee by unanimous consent made a decision to correct two (2) items on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the my name of Alex Dade to Lucian A. Dade, and to change the address of Eric Hansen from 600 Bradley Rd., Ohio 44140 to 30401 Ednil Dr., Ohio 44140. This correction was made by the Relator Committee after the electors signed Part Petition No. 12, 13, 23, and 24. The Relator Committee directed our attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 32) That Part-petition No. 20 was corrected to add the following two (2) lines at the end of page one (1) of Part Petition No. 20, "and shall continue to be duly admitted to the practice of law in this State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her". This decision by unanimous consent of the Committee to make this correction was made by the Relator Committee after the electors signed Part Petition No. 20. The Relator Committee directed our attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 33) That I reside at 584 Bradley Rd., Ohio 44140, and that I am a taxpayer, elector, resident and citizen in the City of, Ohio;
34) That my legal name is Lucian A. Dade, and I am also well known as Alex Dade by the City of public officials, the news media, city wide, in my residential neighborhood, in the business community, and among community groups and organizations, a true and accurate copy of my business card is attached hereto as Exhibit W; 35) That Eric Hansen has presently two (2) residences the residential property located at 600 Bradley Rd., Ohio 44140 which is currently under remodeling, and his present residence located at 30401 Ednil Rd., Ohio, the residence located at 600 Bradley Rd., Ohio is commonly known by the City of public officials, the news media, city wide, in my residential neighborhood, in the business community, and among community groups and organizations, where he actually resided and received mail in the past; 36) That I and my wife Karen Dade did sign a Charter Amendment Petition but it was one of the twelve petitions which were printed and given out but not returned as evidenced by the gaps in the Part Petition Numbers; 37) That the petition form for the Charter Amendment Petition was prepared by Gerald W. Phillips who transmitted it both electronically and physically to me chairperson for the Committee on or about May 23, 2007; 38) That attached hereto is a true copy of the council meeting minutes for the special council meeting held on September 6, 2007 which I attended, Exhibit BB; 39) That a majority of City Council member for the City of including Council President Brian C. Cruse, opposed the Charter Amendment Petition as is evidenced by their opposition to adding a provision in the non-partisan primary
election charter amendment to provide for the office of an elected law director, which was indicated in meetings before City Council that I attended and the passage of the nonpartisan election charter amendment without such a provision, a true and accurate copy of the ordinance placing the non-partisan primary election charter amendment on the ballot, Exhibit II is attached hereto and made a part hereof; 40) That on August 29, 2007, an individual named Tim Maloney residing at 225 Westwinds #34, Avon Lake, Ohio 44012 identifying himself, left a message on the answering machine at my residence, stating that it was a shame that the Committee failed to get enough valid signatures since it did not obtained 10% of the registered electors in the City of, 907 signatures is insufficient, and that if I paid our attorney Gerald W. Phillips for legal services in the preparation and circulation of the Charter Amendment Petition the Committee wasted their money and should get its money back which I listened to. Tim Maloney has significant ties with the City of, Mayor Deborah Sutherland being her former campaign manager, and contributing $1,000 to her campaign and Brian C. Cruse contributing $2,500 to his recent Council President campaign as is evidenced by true and accurate copies of the campaign contribution reports Exhibits D-1, and D-2; 41) That as a result of the contesting of the signature requirement for the Charter Amendment Petition, the special council meeting notice for September 6, 2007 was changed to provide for an executive session meeting prior to the conducting of any business at the special council meeting, a true and accurate copy of the original notice of the special council meeting without any executive session is attached hereto and made a part hereof as Exhibit FF;
42) That each of the forty six (46) Part Petitions containing 907 signatures consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition;
Sworn to and subscribed to before me a notary public this',^w day of September 2007. Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, Karen Dade, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That the Relator the Committee for the Charter Amendment for an Elected Law Director, is the duly authorized committee designated for the Charter Amendment Petitions (hereinafter referred to as the "Committee"); 2) That the Relator, the Committee, is composed of the following taxpayers, residents, and members: Relators, Lucian A. Dade, Chairperson, Karen Dade, and Eric Hansen; 3) That the Relator Lucian A. Dade is also commonly known in the residential and business community as Alex Dade; 4) That the Relator Eric Hansen also owns a personal residential dwelling at 600 Bradley Rd., Ohio 44140, in addition to his residence at 30401Edni1 Dr.,, Ohio 44140; 5) That the Respondent Joan T. Kemper is the Clerk of Council for the City of (hereinafter referred to as "Clerk"); 6) That the Respondent City of is a charter municipality in the State of Ohio (hereinafter referred to as the "City"); 7) That the Respondent City of 's legislative authority or body is its City Council, composed of seven members, Brian C. Cruse its President, Paul A. Koomar, Donald L Zimmerman, Mark E. Barbour, James R. Scott, Scott A. Pohlkamp, and Michael A. Young (hereinafter referred to as "City Council");
8) That on August 29, 2007 the Committee filed with the Clerk, forty six (46) Part Petitions containing 907 signatures for an amendment to the City Charter of the City of, Proposed Charter Amendment: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ("Charter Amendment Petitions") as one (1) instrument, a true and accurate copy of the receipt for the Charter Amendment Petitions is attached hereto and made a part hereof as Exhibit A; 9) That on August 29, 2007 the Committee by and through its Counsel filed with the Clerk a memorandum of law stating the number of signatures needed for the Charter Amendment Petitions, the constitutional duty to "forthwith" submit the Charter Amendment Petitions to the electorate at the November 6, 2007 General Election, that time was of the essence, and case law and authority to assist the Respondents in the performance of their constitutional duty with respect to the Charter Amendment Petitions to "forthwith" submit them to the electorate at the November 6, 2007 General Election, a true and accurate copy of the memorandum of law is attached hereto and made a part hereof as Exhibit B; 10) That the Respondents in response to the Relators filing of the Charter Amendment Petitions and the signature verification by the Board of Elections scheduled a special council meeting for September 6, 2007 at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections, but they did not send or give the Relators Counsel any written notice of the special council meeting;
11) That the Respondents did not inform or notify the Relators that they were challenging and contesting the signature requirement for the Charter Amendment Petitions or their validity or sufficiency; 12) That on September 6, 2007, the Respondent City Council held its special city council meeting at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections; 13) That the Respondents prepared an agenda for the special council meeting for September 6, 2007 which included a proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions which was distributed to the public and to the Relators for the first time at the special council meeting, a true and accurate copy of the agenda including the proposed ordinance is attached hereto and made a part hereof as Exhibit I; 14) That at the September 6, 2007 special city council meeting the outside counsel of the Respondents Stephen M. O'Bryan retained by the Respondent City's Law Director Gary A. Ebert rejected the Relators Taxpayers Demand Letter; 15) That at the September 6, 2007 special city council meeting, the proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions, Ordinance No. 07-83 was defeated by a vote of two (2) yeas, four (nays) and one (1) absent member after considering the advice consultation and opinions of the outside counsel of the Respondents Stephen O'Bryan retained by the Respondent City's Law Director Gary A. Ebert, a true and accurate copy of Ordinance No. 07-83 and the vote upon Ordinance No. 07-83 is attached hereto and made a part hereof as Exhibit J;
16) That the Respondents determination of the number of valid signatures needed for the Charter Amendment Petitions 1,444 is based upon the City Charter, Section 13.5, a true and accurate copy of this section is attached hereto and made a part hereof as Exhibit L; 17) That the Charter Amendment Petitions are valid and sufficient since they have 825 valid signatures on them; 18) That the Charter Amendment Petitions contain only one subject as evidenced by the title for the Charter Amendment Petitions: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter; 19) That pursuant to law any alterations corrections or additions to the Charter Amendment Petitions were made to them prior to the filing of the Charter Amendment Petitions with the Clerk; 20) That pursuant to law the Committee corrected a typographical error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions prior to filing the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Typographical Error") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A, a true and accurate copy of the Typographical Error is evidenced by a true and accurate copy of one of the part petitions, Part Petition No.1, Exhibit M;
21) That pursuant to law the Committee made two (2) clerical changes on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade, his commonly used name in the business and residential community, to his legal name Lucian A. Dade, and to change the address of Eric Hansen from his residence address of 600 Bradley Rd. Bay Village, Ohio 44140 to his present residence address of 30401 Ednil Dr., Ohio 44140 prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Committee Change") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A; 22) That the four (4) part petitions with the Committee Change, Exhibit N-1 thru N-4, had page numbers on them, all of the rest of the part petitions did not have page numbers on them, therefore the Respondent determined that there were not uniform; 23) That on August 29, 2007 pursuant to law the Committee filed with the Clerk the Charter Amendment Petitions as one (1) instrument, as evidenced by Exhibit A; 24) That the substantive content and form of the Charter Amendment Petitions were all uniform and identical as evidenced by Exhibit M and Exhibits N-1 thru N-4, when the Charter Amendment Petitions were filed with the Clerk on August 29, 2007 as evidenced by Exhibit A; 25) That there was no fraud or misrepresentation in the circulation of the Charter Amendment Petitions; 26) That there will be a nominal cost to the City of to submit the Charter Amendment Petitions to the electors at the November 6, 2007 General Election since elections will already be held in the City of. A cost of a special
municipal election other than at the November 6, 2007 General Election will result in substantial additional cost and expense to the City of ; 27) That the last day to submit the Charter Amendment Petitions to the Board of Elections in order to be placed on the November 6, 2007 General Election is September 7, 2007; 28) That on August 29, 2007 I personally witnessed Gerald W. Phillips attorney for the Committee on behalf of the Committee personally filed with the Clerk, forty six (46) Part Petitions containing 907 signatures for an amendment to the City Charter of the City of, Proposed Charter Amendment: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ("Charter Amendment Petitions") each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, all forty-six (46) part petitions were bound together with one (1) large binder as one (1) instrument, as evidenced by Exhibit A attached to the Complaint; 29) That the circulators of the Charter Amendment Petitions received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") to be followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions prepared by the Relators' Attorney is attached hereto and made a part hereof as Exhibit P and which I followed in the circulation of my Part Petition No. 4 and 52, and true and accurate copies of such Part Petition No. 4 and 52 are attached hereto and made a part hereof as Exhibit Y-1 and Y-2;
30) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue, and this procedure was to be followed by all circulators; 31) That Thomas S. Phillips inadvertently signed his own Part Petition No. 14, and he crossed out his signature on the petition and corrected the total number of signatures and initialed the total prior to signing the circulator statement in my presence; 32) That on or about May 13, 2007 the decision to go forward with the circulation of the Charter Amendment Petition was made by Lucian A. Dade, me, and Eric Hansen in a meeting with our attorney and a committee was formed composed of those three (3) individuals as members and with Lucian A. Dade as chairperson also known as the spokesperson; 33) That the Relator Committee by unanimous consent made a decision to correct an error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions. This correction was made by the Relator Committee after the electors signed the Charter Amendment Petitions. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007;
34) That the Relator Committee by unanimous consent made a decision to correct two (2) items on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade to Lucian A. Dade, and to change the address of Eric Hansen from 600 Bradley Rd., Ohio 44140 to 30401 Ednil Dr., Ohio 44140. This correction was made by the Relator Committee after the electors signed Part Petition No. 12, 13, 23, and 24. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 35) That Part-petition No. 20 was corrected to add the following two (2) lines at the end of page one (1) of Part Petition No. 20, "and shall continue to be duly admitted to the practice of law in this State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her". This decision by unanimous consent of the Committee to make this correction was made by the Relator Committee after the electors signed Part Petition No. 20. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 36) That I reside at 584 Bradley Rd., Ohio 44140, and that I am a taxpayer, elector, resident and citizen in the City of, Ohio; 37) That Lucian A. Dade, his legal name, is also well known as Alex Dade by the City of public officials, the news media, city wide, in his residential neighborhood, in the business community, and among community groups and
organizations, a true and accurate copy of his business card is attached hereto as Exhibit W; 38) That Eric Hansen has presently two (2) residences the residential property located at 600 Bradley Rd., Ohio 44140 which is currently under remodeling, and his present residence located at 30401 Ednil Rd., Ohio, the residence located at 600 Bradley Rd., Ohio is commonly known by the City of public officials, the news media, city wide, in my residential neighborhood, in the business community, and among community groups and organizations, where he actually resided and received mail in the past; 39) That I and my husband Lucian A. Dade did sign a Charter Amendment Petition but it was one of the twelve petitions which were printed and given out but not returned as evidenced by the gaps in the Part Petition Numbers; 40) That the petition form for the Charter Amendment Petition was prepared by our attorney and transmitted both electronically and physically to Lucian A. Dade chairperson for the Committee on or about May 23, 2007; 41) That attached hereto is a true copy of the council meeting minutes for the special council meeting held on September 6, 2007 which I attended, Exhibit BB; 42) That a majority of City Council member for the City of including Council President Brian C. Cruse, opposed the Charter Amendment Petition as is evidenced by their opposition to adding a provision in the non-partisan primary election charter amendment to provide for the office of an elected law director, which was indicated in meetings before City Council that I attended and the passage of the nonpartisan election charter amendment without such a provision, a true and accurate copy of
the ordinance placing the non-partisan primary election charter amendment on the ballot, Exhibit II is attached hereto and made a part hereof; 43) That on August 29, 2007, an individual named Tim Maloney residing at 225 Westwinds #34, Avon Lake, Ohio 44012 identifying himself, left a message on the answering machine at my residence, stating that it was a shame that the Committee failed to get enough valid signatures since it did not obtained 10% of the registered electors in the City of, 907 signatures is insufficient, and that if we paid our attorney Gerald W. Phillips for legal services in the preparation and circulation of the Charter Amendment Petition the Committee wasted their money and should get its money back which I listened to. Tim Maloney has significant ties with the City of, Mayor Deborah Sutherland being her former campaign manager, and contributing $1,000 to her campaign and Brian C. Cruse contributing $2,500 to his recent Council President campaign as is evidenced by true and accurate copies of the campaign contribution reports Exhibits D-1, and D-2; 44) That as a result of the contesting of the signature requirement for the Charter Amendment Petition, the special council meeting notice for September 6, 2007 was changed to provide for an executive session meeting prior to the conducting of any business at the special council meeting, a true and accurate copy of the original notice of the special council meeting without any executive session is attached hereto and made a part hereof as Exhibit FF;
Sworn to and subscribed to before me a notary public this 23Wday of September 2007. p ^wmr1ai^^e^i.. ^.l ^.a^eaa%u^'"^^" Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County ) ) ) Affidavit I, Eric Hansen, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That the Relator the Committee for the Charter Amendment for an Elected Law Director, is the duly authorized committee designated for the Charter Amendment Petitions (hereinafter referred to as the "Committee"); 2) That the Relator, the Committee, is composed of the following taxpayers, residents, and members: Relators, Lucian A. Dade, Chairperson, Karen Dade, and Eric Hansen; 3) That the Relator Lucian A. Dade is also commonly known in the residential and business community as Alex Dade; 4) That the Relator Eric Hansen also owns a personal residential dwelling at 600 Bradley Rd., Ohio 44140, in addition to his residence at 30401Ednil Dr.,, Ohio 44140; 5) That the Respondent Joan T. Kemper is the Clerk of Council for the City of (hereinafter referred to as "Clerk"); 6) That the Respondent City of is a charter municipality in the State of Ohio (hereinafter referred to as the "City"); 7) That the Respondent City of 's legislative authority or body is its City Council, composed of seven members, Brian C. Cruse its President, Paul A. Koomar, Donald L Zimmerman, Mark E. Barbour, James R. Scott, Scott A. Pohlkamp, and Michael A. Young (hereinafter referred to as "City Council");
8) That the Respondents in response to the Relators filing of the Charter Amendment Petitions and the signature verification by the Board of Elections scheduled a special council meeting for September 6, 2007 at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections, but they did not send or give the Relators Counsel any written notice of the special council meeting; 9) That the Respondents did not inform or notify the Relators that they were challenging and contesting the signature requirement for the Charter Amendment Petitions or their validity or sufficiency; 10) That on September 6, 2007, the Respondent City Council held its special city council meeting at 6:30 P.M. to consider the Charter Amendment Petitions and their validity and sufficiency and certification and submission to the Board of Elections; 11) That the Respondents prepared an agenda for the special council meeting for September 6, 2007 which included a proposed ordinance to submit to the electorate a proposed charter amendment identical to the Charter Amendment Petitions which was distributed to the public and to the Relators for the first time at the special council meeting, a true and accurate copy of the agenda including the proposed ordinance is attached hereto and made a part hereof as Exhibit I; 12) That at the September 6, 2007 special city council meeting the outside counsel of the Respondents Stephen M. O'Bryan retained by the Respondent City's Law Director Gary A. Ebert rejected the Relators Taxpayers Demand Letter; 13) That at the September 6, 2007 special city council meeting, the proposed ordinance to submit to the electorate a proposed charter amendment identical to the
Charter Amendment Petitions, Ordinance No. 07-83 was defeated by a vote of two (2) yeas, four (nays) and one (1) absent member after considering the advice consultation and opinions of the outside counsel of the Respondents Stephen O'Bryan retained by the Respondent City's Law Director Gary A. Ebert, a true and accurate copy of Ordinance No. 07-83 and the vote upon Ordinance No. 07-83 is attached hereto and made a part hereof as Exhibit J; 14) That the Respondents determination of the number of valid signatures needed for the Charter Amendment Petitions 1,444 is based upon the City Charter, Section 13.5, a true and accurate copy of this section is attached hereto and made a part hereof as Exhibit L; 15) That the Charter Amendment Petitions are valid and sufficient since they have 825 valid signatures on them; 16) That the Charter Amendment Petitions contain only one subject as evidenced by the title for the Charter Amendment Petitions: A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter ; 17) That pursuant to law any alterations corrections or additions to the Charter Amendment Petitions were made to them prior to the filing of the Charter Amendment Petitions with the Clerk; 18) That pursuant to law the Committee corrected a typographical error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter
Amendment Petitions prior to filing the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Typographical Error") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A, a true and accurate copy of the Typographical Error is evidenced by a true and accurate copy of one of the part petitions, Part Petition No.1, Exhibit M; 19) That pursuant to law the Committee made two (2) changes on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade, his commonly used name in the business and residential community, to his legal name Lucian A. Dade, and to change my address from my residence address of 600 Bradley Rd., Ohio 44140 to my present residence address of 30401 Ednil Dr., Ohio 44140 prior to the filing of the Charter Amendment Petitions with the Clerk on August 29, 2007 ("Committee Change") as evidenced by the receipt for the Charter Amendment Petitions, Exhibit A; 20) That the four (4) part petitions with the Committee Change, Exhibit N-1 thru N-4, had page numbers on them, all of the rest of the part petitions did not have page numbers on them, therefore the Respondent determined that there were not uniform; 21) That the substantive content and form of the Charter Amendment Petitions were all uniform and identical as evidenced by Exhibit M and Exhibits N-1 thru N-4, when the Charter Amendment Petitions were filed with the Clerk on August 29, 2007 as evidenced by Exhibit A; 22) That there was no fraud or misrepresentation in the circulation of the Charter Amendment Petitions;
23) That there will be a nominal cost to the City of to submit the Charter Amendment Petitions to the electors at the November 6, 2007 General Election since elections will already be held in the City of. A cost of a special municipal election other than at the November 6, 2007 General Election will result in substantial additional cost and expense to the City of ; 24) That the last day to submit the Charter Amendment Petitions to the Board of Elections in order to be placed on the November 6, 2007 General Election is September 7, 2007; 25) That the circulators of the Charter Amendment Petitions received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") to be followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions prepared by the Relators' Attorney is attached hereto and made a part hereof as Exhibit P and which I followed in the circulation of my Part Petition No. 8 and true and accurate copies of such Part Petition No. 8 is attached hereto and made a part hereof as Exhibit Z; 26) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue, and this procedure was to be followed by all circulators; 27) That on or about May 13, 2007 the decision to go forward with the circulation of the Charter Amendment Petition was made by Lucian A. Dade, Karen
Dade, and me in a meeting with our attorney and a committee was formed composed of those three (3) individuals as members and with Lucian A. Dade as chairperson also known as the spokesperson; 28) That the Relator Committee by unanimous consent made a decision to correct an error on the Charter Amendment Petitions in Section 4.2 of the proposed Charter Amendment by replacing the word "filing" with the correct word "filling" on all of the Charter Amendment Petitions. This correction was made by the Relator Committee after the electors signed the Charter Amendment Petitions. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 29) That the Relator Committee by unanimous consent made a decision to correct two (2) items on four (4) part petitions of the Charter Amendment Petitions, Part Petition No. 12, 13, 23, and 24, for the Committee members, to change the name of Alex Dade to Lucian A. Dade, and to change my address from 600 Bradley Rd., Ohio 44140 to 30401 Ednil Dr., Ohio 44140. This correction was made by the Relator Committee after the electors signed Part Petition No. 12, 13, 23, and 24. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 30) That Part-petition No. 20 was corrected to add the following two (2) lines at the end of page one (1) of Part Petition No. 20, "and shall continue to be duly admitted to the practice of law in this State of Ohio during the term of his or her office. He or she
shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her". This decision by unanimous consent of the Committee to make this correction was made by the Relator Committee after the electors signed Part Petition No. 20. The Relator Committee directed their attorney Gerald W. Phillips to physically make the correction which was made prior to the filing of the Charter Amendment Petition with the Respondent Clerk of Council on August 29, 2007; 31) That I presently reside at 30401 Ednil Dr., Ohio 44140, and that I am a taxpayer, elector, resident and citizen in the City of, Ohio; 32) That Lucian A. Dade, his legal name, is also well known as Alex Dade by the City of public officials, the news media, city wide, in his residential neighborhood, in the business community, and among community groups and organizations, a true and accurate copy of his business card is attached hereto as Exhibit W; 33) That I have presently two (2) residences the residential property located at 600 Bradley Rd., Ohio 44140 is currently under remodeling, and my present residence located at 30401 Ednil Rd., Ohio, the residence located at 600 Bradley Rd., Ohio is commonly known by the City of public officials, the news media, city wide, in my residential neighborhood, in the business community, and among community groups and organizations, where I have actually resided and received mail at in the past; 34) That both Karen Dade and Lucian A. Dade did sign a Charter Amendment Petition but it was one of the twelve petitions which were printed and given out but not returned as evidenced by the gaps in the Part Petition Numbers;
35) That the petition form for the Charter Amendment Petition was prepared by our attorney and transmitted both electronically and physically to Lucian A. Dade chairperson for the Committee on or about May 23, 2007; 36) That attached hereto is a true copy of the council meeting minutes for the special council meeting held on September 6, 2007 which I attended, Exhibit BB; 37) That a majority of City Council member for the City of including Council President Brian C. Cruse, opposed the Charter Amendment Petition as is evidenced by their opposition to adding a provision in the non-partisan primary election charter amendment to provide for the office of an elected law director, which was indicated in meetings before City Council that I attended and the passage of the nonpartisan election charter amendment without such a provision, a true and accurate copy of the ordinance placing the non-partisan primary election charter amendment on the ballot, Exhibit II is attached hereto and made a part hereof; 38) That on August 29, 2007, an individual named Tim Maloney residing at 225 Westwinds #34, Avon Lake, Ohio 44012 identifying himself, left a message on the answering machine of Lucian A. Dade, stating that it was a shame that the Committee failed to get enough valid signatures since it did not obtained 10% of the registered electors in the City of, 907 signatures is insufficient, and that if we paid our attorney Gerald W. Phillips for legal services in the preparation and circulation of the Charter Amendment Petition the Committee wasted their money and should get its money back which I listened to. Tim Maloney has significant ties with the City of Bay Village, Mayor Deborah Sutherland being her former campaign manager, and contributing $1,000 to her campaign and Brian C. Cruse contributing $2,500 to his recent
Council President campaign as is evidenced by true and accurate copies of the campaign contribution reports Exhibits D-1, and D-2; 39) That as a result of the contesting of the signature requirement for the Charter Amendment Petition, the special council meeting notice for September 6, 2007 was changed to provide for an executive session meeting prior to the conducting of any business at the special council meeting, a true and accurate copy of the original notice of the special council meeting without any executive session is attached hereto and made a part hereof as Exhibit FF; 40) That each of the forty six (46) Part Petitions containing 907 signatures consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition;
Eric Hansen 11 Sworn to and subscribed to before me a notary public this ^ day of September 2007. Notary Public Attorney at Law, i ORC 147.03., "^;qte QFO`^^^. ^rmmw^n
State of Ohio Cuyahoga County Affidavit I, Thomas S. Phillips, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: I) That I reside at 29101 Edgewood Rd., Ohio and 1 am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 14 of the Charter Amendment Petition and each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, a true and accurate copy of the Part Petition No. 14 is attached hereto and made a part hereof as Exhibit S; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That I received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") which I followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions is attached hereto and made a part hereof as Exhibit P; 6) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue; 7) That I did sign the circulator statement at the end of each part petition after all of information in the statement was completed and all of the statements contained therein are true and correct; 8) That I inadvertently signed my own Part Petition No. 14, and I cross out my signature on the petition and corrected the total number of signatures and initialed the total prior to signing the circulator statement in the presence of Karen Dade a member of the Committee;
Sworn to and subscribed to before me a notary public this S'4 day of September 2007. Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, Julie L. Kestler, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 28518 Osborn Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 9, 23, and 50 of the Charter Amendment Petition and each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one ( 1) part petition, true and accurate copies of each of these Part Petition No. 9, 23, and 50 are attached hereto and made a part hereof as Exhibits T-l, T-2, and T-3; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That none of signers of the Charter Amendment Petition on Petition No. 23 were mislead or deceived by correcting the name of Alex Dade to Lucian A. Dade and the address of Eric Hansen from 600 Bradley Rd., Ohio to 30401 Ednil Dr. Bay Village, Ohio; 6) That I received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") which I followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions is attached hereto and made a part hereof as Exhibit P; 7) That I separately presented the Charter Amendment Petition to any potential signer of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue; 8) That I did sign the circulator statement at the end of each part petition after all of information in the statement was completed and all of the statements contained therein are true and correct; 9) That I did sign my husband's Part Petition No. 10 on line 20;
nr^cwiw Ce 10) That I inadvertently signed my own Part Petition No. 9 and I then"preeeded to cross out my signature on Part Petition No. 91ine 15, after the information in the circulator statement was corrected to reflect the fact that it was my petition and there was one less signature on it I signed the circulator statement to Part Petition No. 9; 11) That I and my husband Harry Kestler kept our part petitions separate and distinct, and we only circulated our own part petitions; Juli L. Kestler V-U'^^^ Sworn to and subscribed to before me a notary public this Lpday of September 2007..`^ +ovnms ``^O ^ E 3.., L V I Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, Harry Kestler, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 28518 Osborn Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 10 and 51 of the Charter Amendment Petition and each part petition consisted of two (2) pages with three (3) sides of printed material the first page bad printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, true and accurate copies of each of these Part Petition No. 10 and 51 are attached hereto and made a part hereof as Exhibit Q-1 and Q-2; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That I received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") which I followed in the circulation of the Charter Amendment Petitions, and a true and accurate copy of the Rules and Instructions is attached hereto and made a part hereof as Exhibit P; 6) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue; 7) That I did sign the circulator statement at the end of each part petition after all of information in the statement was completed and all of the statements contained therein are true and correct; 8) That my wife Julie L. Kestler did sign my Part Petition No. 10 on line 20;?,^C.^(x'p 9) That my wife inadvertently signed her own Part Petition No. 9 and she then preeede4 to cross out her signature on Part Petition No. 9 line 15, after the information in the circulator statement was corrected to reflect the fact that it was her petition and there was one less signature on it she signed the circulator statement to Part Petition No. 9;
10) That I and my wife Julie L. Kestler kept our part petitions separate and distinct, and we only circulated our own part petitions; estle Sworn to and subscribed to before me a notary public this Z^M, day of September 2007. ``attout^fal ap^^^i^ `\A Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, Marlene Medley, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 347 Bassett Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 19 of the Charter Amendment Petition and each part petition consisted of two (2) pages with three (3) sides of printed material the first page had printed material on the front and back and each part petition were affixed together and stapled together as one (1) part petition, a true and accurate copy of the Part Petition No. 19 is attached hereto and made a part hereof as Exhibit R; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That I received training and instructions regarding the Rules and Instructions for Circulating a Petition ("Rules and Instructions") which I followed in the circulation of the Charter Amendment Petition, and a true and accurate copy of the Rules and Instructions is attached hereto and made a part hereof as Exhibit P; 6) That I separately presented the Charter Amendment Petition to any potential signers of the Charter Amendment Petition explaining to them the question and issue presented in the title of the Charter Amendment and that the purpose of the Charter Amendment Petition was to place the question and issue on the ballot to give the electors in the City of the right to vote on the question and issue; 7) That I did sign the circulator statement at the end of each part petition after all of information in the statement was completed and all of the statements contained therein are true and correct;
I ^ ^^ )-( jlci Marlene Medley Sworn to and subscribed to before me a notary public this EfOday of September 2007. tnllund ;it1al "s ^^^' Notary Public Eq,^ Attorney at Law ; No Expiration Date ORC 147.03 ^^^i.^
State of Ohio Cuyahoga County Affidavit I, Virginia A. Haessly, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 30902 Nantucket Row, Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 15 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this kg% day of September 2007. Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, George E. Halter, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 30924 Nantucket Row, Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 7, 24, 27, and 49 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That none of signers of the Charter Amendment Petition on Petition No. 24 were mislead or deceived by the correction of the Committee Clerical Error correcting the name of Alex Dade to Lucian A. Dade and the address of Eric Hansen from 600 Bradley Rd., Ohio to 30401 Ednil Dr., Ohio; George E. Halter Sworn to and subscribed to before me a notary public this I6'M day of September 2007. ^^PRIAI^qs^i^^^,p^ Notary Public Attorney at Law ^al ^.v No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, Nancy J. Patton Brown, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 25824 Wolf Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 3 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this O^ day of September 2007. o"^p^u^fal, rrn^^/*i ^t `'.,. ^4^ = Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, Virginia L. Peterson, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 29125 Foote Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 43 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this la day of September 2007. ``^O^ 0Il fi31al S", ^ptr ^^ Notary Public Attorney at Law No Expiration Date ORC 147.03 ^^Zl^^^i^O^FO \\.
State of Ohio Cuyahoga County Affidavit I, Rob Grady, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 605 Wellfleet Dr., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 6 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Rob Grady Sworn to and subscribed to before me a notary public this 101 day of September 2007. Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, John D. Flowers, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 29617 Wolf Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 38, 39, 40, 44, and 45 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typ'ographi al error on the Charter Amendment Petition in Section 4.2, correcting "filing^with ^fiing"; Sworn to and subscribed to before me a notary public this fca day of September 2007. ^^^op\u6{{ac rln,^0. Z/k^ Notary Public Attorney at Law No Expiration Date ORC 147.03 ---^-^^` / 1 1 7 111 1 11 111N\ttt
State of Ohio Cuyahoga County Affidavit I, Claire E. Kranz Banasiak, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 3.1400 Nantucket Row, Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 1 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this l 1^ day of September 2007. ^^^^? I I A I, t^s ^.^. A ^Cw Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, Jerrie B. Barnett, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 316 Bayview Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 2 and 26 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; Sworn to and subscribed to before me a notary public this %,^ day of September 2007. \`, ``\ ^^^`^,/'l^ ` /c3^a44-1 ^- Notary Public Attorney at Law No Expiration Date ORC 147.03 ""i q^it I1lto
State of Ohio Cuyahoga County Affidavit I, Barbara Gallo, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 31165 Huntington Woods Pkwy., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 25 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; a4u,t-j Barbara Gallo Sworn to and subscribed to before me a notary public this kg-'^ day of September 2007. Notary Public Attorney at Law No Expiration Date ORC 147.03
State of Ohio Cuyahoga County Affidavit I, Nancy L. Trainer, being first duly sworn, based upon my own personal knowledge and information, depose and state the following: 1) That I reside at 29133 Osbom Rd., Ohio and I am an elector in the City of ; 2) That I was a circulator of the petition for a Charter Amendment for an Elected Law Director in the City of, Ohio ("Charter Amendment Petition"); 3) That I circulated Part Petition No. 11, 12, 13, 29, 30, 31, 36, 37, 47, 55, 56, and 58 of the Charter Amendment Petition; 4) That none of signers of the Charter Amendment Petition for which I circulated were mislead or deceived by the correction of the typographical error on the Charter Amendment Petition in Section 4.2, correcting "filing" with "filling"; 5) That none of signers of the Charter Amendment Petition on Petition No. 12 and 13 were mislead or deceived by the correction of the Committee Clerical Error correcting the name of Alex Dade to Lucian A. Dade and the address of Eric Hansen from 600 Bradley Rd., Ohio to 30401 Ednil Dr., Ohio Nancy L. T iner Sworn to and subscribed to before me a notary public this J:9A day of September 2007. Notary Public Attorney at Law No Expiration Date ORC 147.03
IN THE SUPREME COURT OF OHIO State of Ohio ) CASE NO. 2007-1687 City of, ex rel. ) ) Committee for the Charter Amendment for ) ORIGINAL ACTION IN an Elected Law Director ) MANDAMUS Lucian A. Dade, Chairperson, et al ) Relators EXPEDITED ELECTION CASE V. City of et al Respondents RELATORS' EVIDENCE VOLUME II (AFFIDAVITS-EXHIBITS A-Q) Gerald W. Phillips (0024804) Phillips & Co., L.P.A. P.O. Box 269 461 Windward Way Avon Lake, Ohio 44012 (440) 933-9142 Fax No. (440) 930-0747 gwphi1150@yahoo.com Attomey for Relators Stephen M. O'Bryan (0009512) Counsel of Record Patrick J. Krebs (0072828) Majeed G. Makhlouf (0073853) Taft, Stettinius, & Hollister LLP 2000 Public Square Suite 3500 (216) 241-2838 Fax No. (216) 241-3707 sobryannae,taftlaw.com pkrebsktaftlaw.com nunakhlouf@taftlaw.com Donald J. McTigue (0022849) Mark A. McGinnis (0076275) The McTigue Law Group 550 East Walnut St. Columbus, Ohio 43214 (614) 263-7000 Fax No. (614) 263-7078 mctiguelaw,rrohio.com SEP 2 4 'Ld(17 CLERK OF COURT SUPREME COURT OF OHIO Attorneys for Respondents
The Relators who hereby submit the attached Relators Evidence Volume II in the herein original action. Respectfully Submitted; Gerald W. Phillips (0024804) Phillips & Co. L.P.A. P.O. Box 269 Avon Lake, Ohio 44012 (440) 933-9142 Attorney for Relators Proof of Service A copy of the Relators Evidence Volume II has been personally served upon Stephen M. O'Bryan, Taft, Stettinius, & Hollister LLP, Attorney for Respondent, 200 Public Square, Suite 3500, Cleveland, Ohio 44114-2302 pursuant to Ohio Supreme Court Rule 1, 3 (A) this 24`h day of September 2007. Gerald W. Phillips (0024804) Attorney for Relators
Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio 44012 (440) 933-9142 FAX (440) 930-0747 August 29, 2007 Joan Kemper Clerk of Council City of 350 Dover Center Rd., Ohio 44140 Re: Proposed Charter Amendment, Elected Law Director Dear Ms. Kemper: Please be advised that I represent the Committee for the Proposed Charter Amendment for an Elected Law Director. Enclosed herewith are forty-six (46) part petitions containing 907 signatures for the Proposed Charter Amendment. Please acknowledge receipt by signing below. Sincerely yours, ^^' ^^^5 4j 3^ l_.t.^'f^el C-lJ^V/^. Gerald W. Phillips Acknowledgement and Receipt of 46 part petitions containing 907 signatures for the Proposed Charter Amendment for an Elected Law Director. Clerk of Council-Joan Kemper EXHIBIT
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Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio 44012 (440) 933-9142 FAX (440) 930-0747 August 29, 2007 Joan Kemper Clerk of Council City of 350 Dover Center Rd., Ohio 44140 Dear Clerk of Council Re: Proposed Charter Amendment, Elected Law Director EXIiIBIT Today, I on behalf of the Committee for the Proposed Charter Amendment for an Elected Law Director filed with you, forty-six (46) part petitions containing 907 signatures for the Proposed Charter Amendment. Pursuant to the Ohio Constitution Article XVIII, 14 the number of valid signatures needed for the Proposed Charter Amendment is 10% of the voters who voted in the last municipal election which would be November 8, 2005. State ex rel Huebner v W. Jefferson Village Council (1996) 75 OS 3rd 381, 384. This number is 677 valid signatures (6,768 x 10%). Accordingly, since the Charter Amendment Petitions has sufficient valid signatures on its face, 907 signatures, the City Council of should immediately forthwith submit the Charter Amendment Petitions to the Cuyahoga County Board of Elections for a determination of the number of valid signatures on the Charter Amendment Petitions. The deadline for the validation of the Charter Amendment Petitions and submission and certification of the Charter Amendment Petitions to the Cuyahoga County Board of Elections for the November 6, 2007 General Election, is 60 days before such election September 7, 2007. Time is of the essence. The term forthwith has been defined by the Ohio Supreme Court to mean immediately, including calling special meetings of council. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3`d 590, 592. Time is of the essence. City Council must proceed with the necessary city council meeting including a special council meeting to fulfill its constitutional duty on or before September 7, 2007 to pass the necessary legislation and submit the proposed charter amendment to the Cuyahoga County Board of Elections to be placed on the November 6, 2007 General Election Ballot. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3rd 590, 592, State ex rel Jurcisin v. Cotner (1984) 10 OS 3`d 171, 173, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3rd 100. Therefore, you as Clerk of Council for the City of should immediately forthwith submit the Charter Amendment Petitions to the Cuyahoga County
Board of Elections for a determination of the number of valid signatures on the Charter Amendment Petitions. Upon receipt of the certification of the number of valid signatures on the Charter Amendment Petitions from the Cuyahoga County Board of Elections, if the number of valid signatures on the Charter Amendment Petitions is 677 or greater a city council meeting should be immediately called including a special council meeting in order to timely submit the Charter Amendment for the November 6, 2007 General Election. The deadline for submission of the Charter Amendment to the Cuyahoga County Board of Elections is September 7, 2007. The failure of City Council to fulfill its constitutional duty will result in the unnecessary expense of a special election and legal action. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3rd 590, 592, State ex rel Jurcisin v. Cotner (1984) 10 OS 3rd 171, 173, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. As Clerk of Council the Charter Amendment Petitions should remain in your personal possession control and custody other than upon your delivery of the Charter Amendment Petitions to the Cuyahoga County Board of Elections and their return to you. Thank you for your prompt attention towards this matter. Sincerely yours, Gerald W. Phillips
www.ritvnihavvillnan rn. 0"Titu of EFCu VitiaoP 350 DOVER CENTER ROAD BAY VILLAGE, OH7O44140-2299 OFFICE OF THE COUNCIL Brian C. Cruse President of Council Mark E. Barbour Council-at-large Jalnes E. Scott Council-at-large Donald L. Zimmerman Ward I Paul A. Koomer Vice President of Council Ward 2 ScottA. Pohlkamp Ward 3 Michael A. Young Ward 4 Cuyahoga County Board of Elections 2925 Euclid Avenue Cleveland, Ohio 44115 Dear Sir/Madam: RE: Petition Submission Regarding Potential Charter Amendment For, Ohio Phone: 440-899-3406 Au ^ st r Fax: 29 2007 440-871-5751 Joan T. Kemper Clerk of Council Enclosed with this letter are petitions that have been submitted to the City Council regarding a potential charter amendment. We are asking for your review to determine if these petitions comply with our Charter Section 13.5 regarding amendment to the Charter (copy attached). Further, we ask for your determination as to the technical sufficiency of the petitions and the number of valid signatures obtained per the requirements of the Ohio Revised Code. Your guidance in this matter is greatly appreciated. Very truly yours, EXHIBIT Brian C. Cruse President of Council Q- BCC/mpz Enclosure Mi`s30'fl7 Fl-, 2:29 0J.",
SECTION 13.5 AMENDMENTS. The Council may, by vote of at least two thirds (2/3) of the total number of Councilmen provided for by this Charter, submit to the electors of the Municipality amendments to this Charter, and upon petitions signed by ten per cent (10%) of the registered electors of this Municipality setting forth any proposed amendment, such proposed amendment shall be so submitted by the Council. The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the Council shall determine the manner for such submission. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent amendments on the same subject are submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter, subject however to the provisions of Article X, Section 10.3. (Ord. 62-158; approved by voters 11-6-62.)
Cuyahoga County Board of Elections Phone: 216.443.3298 Candidate & Voter Services Division 2925 Euclid Avenue Second Floor Cleveland, OH 44115 Receipt of Petition for Signature Verification Date: Name: f- 3 o- z o o'7 ----k i+ J j, A^- PoliticalSubdivision: `L/9 yz^ Type of Petition: Daytime telephone number of contact person: y`fo -8? y- 3yo(o or q^a-op 7/- zzoo Description of petition: `p--li A/U^ umber of part petitions received: q 0 Number of Signatures Required: Received from signature: Received by BOE Staff signature: EXHIBIT id Petitions Returned to Petitioner Signature of person receiving petitions: Date: o?ed ^ RUG34' oi" QM 2:; 7 CNJS
CUYAHOGA COUNTY BOARD OF ELECTIONS Jeff Hastings Inajo Davis Chappell Robert S. Frost Eben O. (Sandy) McNair, IV Jane M. Platten Pat McDonald Chairman Member Member Member Director Deputy Director SIGNATURE VERIFICATION STATEMENT August 31, 2007 1, Pat McDonald, Information Services Administrator of the Cuyahoga County Board of Elections, hereby certify that on August 30, 2007 we received an Initiative Petition identified as "Proposed Charter Amendment for an Elected Law Director". A total of 46 part petitions were submitted for review containing approximately 907 signatures. I attest that 825 signatures were found valid in that those signers are duly registered voters residing in the City of Bay Village, Ohio. il2,r YVl C4a"i Pat McDonald, Deputy Director EXHIBIT IF- 2925 Euclid Avenue Cleveland, Ohio 441 1 5-249 7 (216) 443-3200 www.boe.cuyahogacounty.us Ohio Relay Service 711 BOE-3604 0. 106
Petition Statistics 8/30/2007 4:59:42PM CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE Petitlon ID: 3976 R802.01 Total Sigs Required 677 Total Sigs Submitted 907 Total Lines Verfied 916 Total Challenged BLANK 4 - BLANK LINE Total 10 DUP DUPLICATE Total 10 ILL 8-ILLEGIBLE Total 12 NA 5 - NO ADDRESS Total 1 NG 2 - NOT GENUINE (SIGNATURE) Total 7 NR 1 - NOT REGISTERED Total 41 NRA 3- NOT REGISTERED AT Total 9 WD WRONG DISTRICT Total 1 TOTAL 91 Total Valid : 825 I BLANK DUP ILL NA NG NR NRA WD Total 08/30/2007 825 10 10 12 1 7 41 9 1 916 Total 825 10 10 12 1 7 41 9 1 916
CUYAHOGA COUNTY BOARD OF ELECTIONS leff Hastings Inajo Davis Chappell Robert S. Frost Eben 0. (Sandy) McNair, IV Jane M. Platten Pat McDonald Chairman Member Member Member Director Deputy Director Augnst 31, 2007 Mr. Brian C. Cruse, President of Council City of 350 Dover Center Road, OH 44140 Dear Mr. Cruse, Per your request and based on the infonnation you provided from the Charter of the City of an Initiative Petition must be signed by ten per cent (10%) of the registered electors of the municipality is as follows: The City of, as of August 2, 2007, had 14,440 registered voters. Ten percent (10%) of 14,400 equals 1,444. Therefore, Initiative Petitions require 1,444 valid registered elector signatures. Please contact me if I may be of further assistance. Brent E. Lawler, Assistant Manager Campaign Finance and Petitions Candidate & Voter Services Division Phone: 216.443.6509 Email: bebel@cuyahogacounty.us cc: file b a EXHIBIT v- 2925 Euclid Avenue Cleveland, Ohio 44115-2497 (216) 443-3200 www.boe.cuyahogacounty.us Ohio Relay Service 711 90E-1eD1 0 _ 10
Cuyahoga County Board of Elections Voter Control Report Counts as of: 8/212007 Page I of 74 Print Date: 8/}/2007 I A 127 IIB 446 78 769 B 166 109 400 94 769 C 146 85 378 t00 709 D 154 128 399 67 747 E 151 88 437 107 783 2 744 528 2,059 446 3,777 A t56 136 379 91 762 B 160 89 395 83 727 C 152 99 329 84 664 D 133 89 390 105 717 E 157 89 394 87 727 3 4 758 502 1,887 450 3,597 A 123 133 294 73 623 B 129 110 337 50 626 C 115 126 394 69 704 D 114 120 306 73 613 E 114 145 363 81 703 595 634 1,694 346 3,269
Gary Ebert Law Director City of 350 Dover Center Rd., Ohio 44140 Dear Mr. Ebert: Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio 44012 (440) 933-9142 FAX (440) 930-0747 September 6, 2007 Re: Taxpayers' Demand- Proposed Charter Amendment Elected Law Director EXHIBIT C- It is the well settled and established law that the number of valid signatures needed for the Proposed Charter Amendment is 10% of the voters who voted in the last municipal election which would be November 8, 2005. State ex rel Huebner v. W. Jefferson Village Council (1996) 75 OS 3d 381, 384, Ohio Constitution Article XVIII, 14. This number is 677 valid signatures (6,768 x 10%). The Cuyahoga County Board of Elections has determined that there are 825 valid signatures on the Charter Amendment Petition. Accordingly, the Charter Amendment Petition has sufficient valid signatures and is valid. It is also the well settled and established law that when charter amendment provisions of a charter conflicts with the constitutional charter amendment provisions, the Constitution prevails because the "the paramount authority must prevail over the subordinate authority", State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100, 32, State ex rel Hinchliffe v. Gibbons (1927) 116 OS 390, 395, State ex rel Semik v. Cuyahoga Cty. Bd. of Elections (1993) 67 OS 3`d 334, 335-336, State ex rel Huebner v. W. Jefferson Village Council (1996) 75 OS 3`d 381, 383-384. Thus, to the extent that the City Charter provision, Section 13.5 could be construed to require a different number of valid signatures, the Ohio Constitution Article 18, 14 would prevail, 10% of the voters who voted in the last municipal election. Furthermore, the City Charter provision, Section 13.5 even specifically recognizes that "the paramount authority must prevail over the subordinate authority", when it expressly provides that "The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the Council shall determine the manner of such submission". I have attached copies of the Ohio Constitution Article 18, 14 and the City Charter Section 13.5 to this letter to assist you in ascertaining this clear well settled and established law. Accordingly, the Charter Amendment Petition for an Elected Law Director, is valid and there is mandatory duty enjoined by law for the City Council of to
"forthwith" submit such Charter Amendment to the electors. The deadline for the submission and certification of the Charter Amendment Petition to the Cuyahoga County Board of Elections for the November 6, 2007 General Election, is 60 days before such election September 7, 2007. Thus, the City Council must at its special council today, Thursday September 6, 2007 pass the necessary legislation to submit and certified the Charter Amendment Petition and deliver such legislation to the Cuyahoga County Board of Elections prior to 4:30 P.M. on September 7, 2007. The failure to pass the necessary legislation and to deliver such legislation to Cuyahoga County Board of Elections would clearly constitute a failure to perform a mandatory duty enjoined by law. The term foruhwith has been defined by the Ohio Supreme Court to mean immediately, including calling special meetings of council. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3`d 590, 592. State ex rel Jurcisin v. Cotner (1984) 10 OS 3rd 171, 173, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. The Mayor's approval and veto is clearly inapplicable to the special constitutional procedure for a charter amendment. Billington v. Cotner (1971) 25 OS 2d 140, 147. Time is of the essence. It is come to my attention and to the attention of my clients, the Comniittee for the Proposed Charter Amendment for an Elected Law Director, and its members Lucian Dade, Karen Dade, and Eric Hansen, that you have failed to recognize the above well established and settled law and to advise the City Council of their mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors. Even, the Council President, Brian Cruse also an attorney has ignored this well settled and established law. Accordingly, on behalf of my clients a taxpayers' demand is being placed upon you to advise the City Council of their mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors, and that upon their failure to perform this mandatory duty enjoined by law you will bring the necessary legal action to compel them to perform this mandatory duty enjoined by law, and to bring such necessary legal action to compel them to perform this mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors. Your failure to so advise the City Council or to bring such legal action will be deemed a rejection of this taxpayers' demand. I trust that your personal attitude towards this Charter Amendment and the political motives of some members and your supporters on Council will not cause you and City Council to ignore this mandatory duty enjoined by law. I have previously advised the City Council of this mandatory duty enjoined by law by letter dated August 29, 2007. The failure of City Council to fulfill its constitutional duty will result in the unnecessary expense of a special election and legal action. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3`a 590, State ex rel Jurcisin v. Cotner (1984) 10 OS 3rd 171, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. Sincerely yours, Gerald W. Phillips
SECTION 13.5 AMENDMENTS. The Council may, by vote of at least two thirds (2/3) of the total number of Councihnen provided for by thls Charter, submit to the electors of the Municipality amendments to this Charter, and upon petitions signed by ten per cent (10%) of the registered electors of this Municipality setting forth any proposed amendment, such proposed amendment shall be so submitted by the Council. The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the ' Council shall determine the manner for such submission. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent amendments on the same subject are submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter, subject however to the provisions of Article X, Section 10.3. (Ord. 62-158; approved by voters 11-6-62.) CONSTITUTION OF OHIO 14 (Elections.I All elections and submissions of questions provided for in this article shall be conducted by the election authorities prescribed by general law. The percentage of electors required to sign any petition provided for herein shall be based upon the total vote cast at the last preceding general municipal election. (Adopted September 3, 1912.)
Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio 44012 (440) 933-9142 FAX (440) 930-0747 September 6, 2007 Joan Kemper Clerk of Council City of 350 Dover Center Rd., Ohio 44140 Re: Proposed Charter Amendment, Elected Law Director Dear Clerk of Council Enclosed herewith are eight (8) copies of a Taxpayers' Demand letter for the Proposed Charter Amendment for an Elected Director which has been filed with the Law Director. One copy is for your files the other seven (7) copies are for each council member. Please distribute a copy to each council member prior to tonight's special council meeting. Please contact me if you should have any questions. Sincerely yours, Gerald W. Phillips EXHIBIT ^4
Phillips & Co. L.P.A. Attorneys & Counsellors at Law P.O. Box 269 Avon Lake, Ohio 44012 (440) 933-9142 FAX (440) 930-0747 September 6, 2007 Gary Ebert Law Director City of 3 50 Dover Center Rd., Ohio 44140 Re: Taxpayers' Demand- Proposed Charter Amendment Elected Law Director Dear Mr. Ebert: It is the well settled and established law that the number of valid signatures needed for the Proposed Charter Amendment is 10% of the voters who voted in the last municipal election which would be November 8, 2005. State ex rel Huebner v. W. Jefferson Village Council (1996) 75 OS 3rd 381, 384, Ohio Constitution Article XVIII, 14. This number is 677 valid signatures (6,768 x 10%). The Cuyahoga County Board of Elections has determined that there are 825 valid signatures on the Charter Amendment Petition. Accordingly, the Charter Amendment Petition has sufficient valid signatures and is valid. It is also the well settled and established law that when charter amendment provisions of a charter conflicts with the constitutional charter amendment provisions, the Constitution prevails because the "the paramount authority must prevail over the subordinate authority", State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100, 32, State ex rel Hinchliffe v. Gibbons (1927) 116 OS 390, 395, State ex rel Semik v. Cuyahoga Cty. Bd of Elections (1993) 67 OS 3`d 334, 335-336, State ex rel Huebner v. W. Jefferson Village Council (1996) 75 OS 3`d 381, 383-384. Thus, to the extent that the City Charter provision, Section 13.5 could be construed to require a different number of valid signatures, the Ohio Constitution Article 18, 14 would prevail, 10% of the v^oters who voted in the last municipal election. Furthermore, the City Charter provision, Section 13.5 even specifically recognizes that "the paramount authority must prevail over the subordinate authority", when it expressly provides that "The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the Council shall determine the manner of such submission". I have attached copies of the Ohio Constitution Article 18, 14 and the City Charter Section 13.5 to this letter to assist you in ascertaining this clear well settled and established law. Accordingly, the Charter Amendment Petition for an Elected Law Director, is valid and there is mandatory duty enjoined by law for the City Council of to
"forthwith" submit such Charter Amendment to the electors. The deadline for the submission and certification of the Charter Amendment Petition to the Cuyahoga County Board of Elections for the November 6, 2007 General Election, is 60 days before such election September 7, 2007. Thus, the City Council must at its special council today, Thursday September 6, 2007 pass the necessary legislation to submit and certified the Charter Amendment Petition and deliver such legislation to the Cuyahoga County Board of Elections prior to 4:30 P.M. on September 7, 2007. The failure to pass the necessary legislation and to deliver such legislation to Cuyahoga County Board of Elections would clearly constitute a failure to perform a mandatory duty enjoined by law. The term forthwith has been defined by the Ohio Supreme Court to mean immediately, including calling special meetings of council. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3'd 590, 592. State ex rel Jurcisin v. Cotner (1984) 10 OS 3rd 171, 173, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. The Mayor's approval and veto is clearly inapplicable to the special constitutional procedure for a charter amendment. Billington v. Cotner (1971) 25 OS 2"d 140, 147. Time is of the essence. It is come to my attention and to the attention of my clients, the Committee for the Proposed Charter Amendment for an Elected Law Director, and its members Lucian Dade, Karen Dade, and Eric Hansen, that you have failed to recognize the above well established and settled law and to advise the City Council of their mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors. Even, the Council President, Brian Cruse also an attorney has ignored this well settled and established law. Accordingly, on behalf of my clients a taxpayers' demand is being placed upon you to advise the City Council of their mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors, and that upon their failure to perform this mandatory duty enjoined by law you will bring the necessary legal action to compel them to perform this mandatory duty enjoined by law, and to bring such necessary legal action to compel them to perform this mandatory duty enjoined by law to "forthwith" submit the Charter Amendment to the electors. Your failure to so advise the City Council or to bring such legal action will be deemed a rejection of this taxpayers' demand. I trust that your personal attitude towards this Charter Amendment and the political motives of some members and your supporters on Council will not cause you and City Council to ignore this mandatory duty enjoined by law. I have previously advised the City Council of this mandatory duty enjoined by law by letter dated August 29, 2007. The failure of City Council to fulfill its constitutional duty will result in the unnecessary expense of a special election and legal action. State ex rel Commt. For Charter Amendment Petition v. Avon (1998) 81 OS 3a 590, State ex rel Jurcisin v. Cotner (1984) 10 OS 3`d 171, State ex rel Commt. For the Charter Amendment, City Trash Collection v. Westlake (2002) 97 OS 3`d 100. Sincerely yours, Gerald W. Phillips Z/1*1L
SECTION 13.5 AMENDMENTS. The Council may, by vote of at least two thirds (2/3) of the total number of Councilmen provided for by this Charter, submit to the electors of the Municipality amendments to this Charter, and upon petitions signed by ten per cent (10%) of the registered electors of this Municipality setting forth any proposed amendment, such proposed amendment shall be so submitted by the Council. The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the ' Council shall determine the manner for such submission. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent amendments on the same subject are submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter, subject however to the provisions of Article X, Section 10.3. (Ord. 62-158; approved by voters 11-6-62.) CONSTITUTION OF OHIO 14 [Etecflons.] AU elections and submissions of questions provided for in this zrticle shall be conducted by the election authorities prescribed by general law. The percentage of electors required to sign any petition provided for herein shall be based upon the total vote cast at the last preceding general municipal election. (Adopted September 3, 1912.)
(Ili#ig.af ^arz^ Piffage 350 DOVER CENTER ROAD BAY VILLAGE. OHIO 44140-2299 Phonc: 440/871-2200 FAX: 440/871-5751 Revised TO ALL MEMBERS OF COUNCIL AND THE MAYOR: A Special Meeting of the City Council will be held on Thursday, September 6, 2007 at 6:30 p.m. in the Council Chambers of City Hall, 350 Dover Center Road, to take action on the items listed below: 1. Pledge of Allegiance *Koomar* 2. Roll Call 3. Miscellaneous/Announcements 4. Motion to convene to Executive Session-Litigation*Koomar* 5. Ordinance concerning a Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter*Koomar* 6. Adjournment Brian C. Cruse President of Council Charter Reference 2.11 EXHIBIT
References: Procedure Charter Article II - THE COUNCIL Section 2.13 - Section 2.14 - C.O. 111.10 - Effective Date Council Rules for Legislation Roll call on suspension of Charter Rules: Every ordinance or resolution shall be read on three different days unless two-thirds (2/3) of the total number of Council members provided for in this Charter dispense with the rules. Roll call on suspension of Council Rules: No ordinance or resolution shall be passed unless a written copy thereof is before the Council...at least 24 hours before any meeting of Council at which action...is contemplated. Roll call on inclusion of the emergency clause: All ordinances and resolutions shall become effective forty (40) days after their passage by Council unless a later effective date is set forth or an earlier date is established. Resolutions to initiate any public improvement shall become effective immediately upon their passage and approval by the Mayor. It is required that two-thirds (2/3) of the total number of Council members provided for by this Charter vote affirmatively to enact with the emergency provisions. This clause allows legislation to become effective immediately upon passage and approval by the Mayor.
ORDINANCE NO. INTRODUCED BY: AN ORDINANCE TO PROVIDE FOR AN ELECTION ON THE ADOPTION OF AN AMENDMENT TO PROVIDE FOR THE ELECTION OF A DIRECTOR OF LAW BY THE ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, AND 11.2 OF THE BAY VILLAGE CITY CIIARTER AND DECLARING AN EMERGENCY. BE IT ORDAINED by the Council of the City of, Ohio: SECTION 1. That the question of the adoption of the following proposed Charter Amendment be submitted to a vote of the qualified electors of the City of at the general election to be held on the 6th day of November, 2007, at the regular places of voting in said City between the hours as provided by law: SECTION 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilmen provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, subnut to Council, as if an original appointment, the names of all department heads. Should a majority of the total number of Councilmen provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. SECTION 4.3 The Director of Law A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of Januaiy 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January
Ordinance No. 2 following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and heor she shall not hold any other elective or appointive public office for compensation. He or she shall be pernutted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D) Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E) Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilmen provided in his Charter nor until the Director of Law shall have been notified in writing of the charge against. him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge.
Ordinance No. 3 SECTION 11.2 NOMINATION Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered volers of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. SECTION 2. That the ballot for said election shall, at the top thereof, be entitled, "Proposed Amendment to City Charter Ballot." Below the title shall be listed the full text of the proposed Charter Amendment. Thereunder shall be printed, "A Majority Vote is Necessary for Adoption." The question to be submitted on the ballot shall be in the following words: "Shall the proposed amendment of the Charter of the City of TO PROVIDE FOR THE ELECTION OF THE DIRECTOR OF LAW BY THE ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, AND 11.2 OF THE BAY VILLAGE CITY CHARTER be adopted?" To the bottom of said wording, in boxes with appropriate places for marking, shall appear the words, "Yes" and "No", where each voter shall indicate their choice. SECTION 3. That the Clerk of Council is hereby directed to either publish the full text of the proposed Charter amendment in a newspaper of general circulation within the municipal corporation once a week for two consecutive weeks at least fifteen days prior to the election, or mail a copy of the proposed Charter amendment to each elector whose name appears upon the registration books of the last regular election held in said City at least 30 days before the date of such election.
Ordinance No. 4 SECTION 4. That the City pay the cost of printing and mailing copies of said proposed Charter Amendment or publishing said notice and the cost thereof is hereby appropriated from the Clerk of Council-Other Account (100.112.54900). SECTION 5. That the Clerk of Council is hereby directed to certify a copy of this ordinance to the Board of Elections of Cuyahoga County. SECTION 6. That this Council finds and deterniines that all formal actions of this Council concerning and relating to the passage of this ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and of any conunittees that resulted in those formal actions were in meetings open to the public in compliance with law. SECTION 7. That this ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare, and for the further reason that it is immediately necessary to place said proposed amendment on the ballot so the electors may decide the question proposed, wherefore this ordinance shall be in full force and take effect immediately upon its passage and approval by the Mayor. PASSED: PRESIDENT OF COUNCIL CLERK OF COUNCIL APPROVED: MAYOR 9/5/07 jk
v v uni r1llnu[ 94U D!I )!)I vv L I U r. L OItDINP.NCENO. 07-83 DeEeated 9-6-07 INTRODUCEDBY:Koomar Four (4) Nays; xtoo ( 2j Yeas oad Counail Member Abeent AN ORDINANCE TO PROVIDE FOR AN ELECTION ON THE ADOPTION OF AN AMENDMENT TO PROVIDE FOR THE ELECTION OF A DIRECTOR OF LAW BY THE ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 43, AND 11.2 OF TM BAY VILLAGE CITY CHARTER AND DECLARING AN EMERGENCY. BE IT ORI)AIN'ED by the Council of the City of, Ohio: SEC'I'I N 1. That the question of the adoption of the following proposed Charter Amendment be submitted to a vote of the quallfxed electors of the City of at the general election to be held on the 6th day of November, 2007, at the regular places of voting in said City between the hours as provided by law: SECTION 4.2 Directors of Departments The head of each department sha11 be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shali be effective except with the concurrence of a majority of the total number of Councihnen provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assurued office, submit to Council, as if an original appointment, the names of all department heads. Should a majority of the total number of Councilmen provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved sha11 become vacant at the expiration of said thirty (30) days, and such persons shail be automatiaally diseharged from safd position. The Director of Law shall be duly admitted to the praetice of law in the State of Ohio. SECTION 4.3 The Director of Law A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law sltall be elected for a tenn of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shail be for a three (3) year term commencing the first day of January 2009. T7te ittitial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter fnr elections and nominations for elective offices. He or she shall assume office on the first day of Januaiy EXHIBIT :JY^r''^.^ ^5^ek ^. i `^i^ t^,^3
,. V V, u.v nlyl 1, r vr chr villagt 440 811 5/51 N0. 210 P. 3 Ordinance No. 07-83 2 following his or her election, and serve until his or her successor is elected and qualified, B) Duties: The Director of Law ahall serve the Mayor, the administrative ofecers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and sh'ail represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. Ha or she shatl be permitted to maintain a separate law practice or business notwithstanding his or her position as Direotor of Law. C) Qualifications: The Director of Law shalt have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified oleotor of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary doration not exceeding six (6) months by a two-tbirds (2/3) vote of the totat member of Council provided for in this Charter. He or she shalt be duly admitted to the practice of the law in the State of Ohio and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her clection to public office. D) Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E) Removal: The Council may remove the Dircotor of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in o8ioe of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such renwvat shall not take place without the caz<ourrence of two-thirds (2/3) of the total number of Councihnea provided in his Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine vvitnesses appearing in support of such charge. :s'=n'07'07 Ar, 9:11 CVS
, v vvnili ^,, vr anr villrgt 44U ^/l h/hl NU. 210 N. 4 Ordinance No. 07-83 3 SECTION 11.2 NOMINATION Any qualified person may be placed in nomin.ation for any elective office oreated by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal eleotion in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate fnr Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Bach signer of a petition shall sign his name and after his name shall designate his residence. A regastered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that of3ice at the election for which the petition is filed. S CTION 2_ That the ballot for said electlon shall, at the top thereof, be entitled, "Proposed Amendment to City Charter Ballot." Below the title shall be listed the fu(1 text of the proposed Charter Amendment. Thereunder shatl be printed, "A Majority Vote is Necessary for Adoption." The question to be submitted on the batlot sha11 be in the foaowing words: "ShaB the proposed amendment of the Charter of the City of Bay V1IIage TO 1'ROVIDE FOR THE ELECTION OF THE DIRECTOR OF LAW BY TIM ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DII2ECTOR OF LAW BY AMENDING SECTIONS 4.2,4.3, ANb 11.2 OF THE BAY VILLAGE CITY CHARTER be adopted?" To the bottom of said wording, in boxes with appropriate places for marking, shali appear the words, "Yes" and "No", where each voter shall indicate their choice. SECTION 3. That the Clerk of Council is hereby directed to either publish the full text of the proposed Charter amendment in a newspaper of general circulation within the municipal corporation once a week for two conscoutive weeks at least fifteen days prior to the election, or maii a copy of the proposed Charter amendment to each elector whose name appears upon the registration books of the last regalar election held in said City at least 30 days before the date of such election. gsei'0`?'gi7 AM 23. CE^65
1 Lvv v vvnlyl Vi i vr nnr vfllaut 44U tl/l 7/71 NU LIU Y. h OrdiuanceNo. 07-83 4 ECTI N. That the City pay the cost of printing and mailing copies of said proposed Charter Amendment or publishing said notioe and the cost thereof is hereby appropriated from the Clerk of Council-Other Account (100.112.54900). SECTTON S. That the Clerk of Council is hereby directed to certify a copy of this ordinance to the Board of EIections of Cuyahoga County. SRCTION 6. That this Council finds and determines that aa formal actions of this Council conceivin,g and relating to the passage of this ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with law. SECTION 7. That tliis ordinance is hereby declared to be an emergency measarre immediately necessary for the preservation of the public peace, health, safety and welfare, and for the further reason that it is immediately necessaty to place said proposed amendment on the ballot so the electors may decide the question proposed, wherefore this ordinance shall be in fitll force and take effect immediately upon its passage and approval by the Mayor. PASSED: Defeated; September 6, 2007 Four (Nays)MeaArs.Darbou>:, Cruse, Koomar, Pohlkamp Two (Yeas) Mr. Scott,?ir. Young?ir. 2i+mexman abseut PRESIDENT OF COUNCIL CLERK OF COUNCIL APPROVED: MAYOR 9/5/07 jk Cturk orthb Council of tite Ct of 8ay Village, plilb, Ijcrtlby c6rtify the fqrcgoing To pe a trde arpy ot Or[linanoc No. o;j- ^.^^peed by the 0^iunc+'il of the Resoldtion No. ^CityofBsftillage,20-eZ, andnowon K4ir3n the office of the Clerk cf Councit. Clerk ofcpyncit SEPO7107 AV, 5:$1 C^15
CUYAHOGA COUNTY BOARD OF ELECTIONS Jeff Hastings Inajo Davis Chappell Robert S. Frost Eben O. (Sandy) McNair, IV Jane M. Platten Pat McDonald Chairman Member Member Member Director Deputy Director Date received: September 7, 2007 Receipt Filing Entity (Contact name, title, name, address, city, zip code, phone number) Joan T. Kemper, Clerk of Council City of 350 Dover Center Road, OH 44140 Document Received: Fax: certified copy of City of Ordinance NO. 07-83 to provide for an election of Director of Law and advising the legislation was defeated. Received by Board of Elections staff member: Brent E. Lawler EXHIBIT 2925 Euclid Avenue Cleveland, Ohio 44115-2497 (216) 443-3200 www.boe.cuyahogacounty.us Ohio Relay Service 711 ' 9(^F-JPItl n^ +m
i.. v V 1 V, V 1 111II ^i v unr villhvl 44U Of I 7191 19U. Z I U Y. I ^ttv orf i'mal^ MUtUai^.^ 350 pover CENT$R ROAD BAY YII,LAOB, OH14 44140-2299 OFFICE OF THP COUNCiL BNidn C. Cruse President of Coonci! MaNtB, Barboar Council-at large James E. ScaB Council-at-largo Danald L. 2Fmn+ermaa Ward 1 Pard A. Soomer rvice Presldent of Council Word 2 ScottA. Polalkamp Ward 3 Michael A. Yowtg Ward 4 Mr. Brent Lawler, Assistant Manager Candidate & Voter Services Division Cuyahoga County Board of Elections 2925 Euclid Avenue Cleveland, OH 44115 Dear Mr, Lawler:. September 7, 2007 Please find enclosed certified copy of City of Ordinance No. 07-83 to provide for an election of a Director of Law by the electorate, and to provide for the Office of the Director of Law by amending Sections 4.2, 4.3, an.d 112 of the City Charter and Declaring an Emergency. The ordinance was defeated by a vote of four (4) nays and two (2) yeas at a special meeting of Council held September 6, 2007. Phane:440 899-3406 Fax;440 871 5751 Joan T. X'emper Clork of Council Very trnly yours,!&ffiac^ ti3. Jo an T. Kemper Clerk of Council En.closures VIA Fax (216) 443 6466 www.oi tyofpayvitlage.com
. I.LVVI u.u ny ^, i r ur nnr villrgt 44U S/I 7l7I NU LlU Y. 2 ORbIN'ANCENO. 07-83 DaPeated 9-6-07 INTRODUCED BY; Koomar Four (4) Nays; 'itoo (2j Yeas Ortd Counc 7. Member Absent AN ORDINANCE TO PROVIDE FOR AN ELECTION ON THE ADOPTION OF AN AMENDMENT TO PROVIDE FOR THE ELECTION OF A DIRECTOR OF LAW 13Y.TI3E ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF TIIE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, AND 11.2 OF THE BAY VILLAGE CITY CHARTER AND DECLARING AN EMERGENCY. BE IT ORDAINED by the Council of the City of, Ohio: SECTION 1. That the question of the adoptlon of the following proposed Chsrter Amendment be subniitted to a vote of the qualified electors of the City of at the general election to be held on the 6th day of November, 2007, at the regular places of voting in said City between the hours as provided by law: SECTION 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a deparpnent shall be effective except with the concurrence of a majority of the total number of Councilmen provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office ofthe Mayor ahall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment, the names of all department heads. Should a majority of the total number of Councihnen provided for in this Charter fail to approve any or atl of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of aaid thirty (30) days, and such persons shail be automatloally discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. SECTION 4.3 The Director of Law A) Elective Office: The Director of Law shaii be an elective office commencing wlth the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commenaing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume offica on the first day of January ;007'0:" ar: `q. 1.'i C'.ES
V.cvv hiv I i,iir vt tshy YILLHGt 44U S/1 h/h1 Nu. Z1U P. 3 Ordinance No. 07-83 2 following his or her election, and serve until his or her successor is elected and qualifled, B) Duties: The Director of Law shall serve the Mayor, the administrative officers, a,nd departments, Council, officers and boards of the Municipality as legal counsel and attomey and sltall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perfortu ail other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Couneil or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appoint3ve public office for compensation. He or she shall be permitted to mainfain a separate law practice or business notwithstanding his or her position as Duector of Law. C) Qualif'taations: The Director of Law shall have been for at least three (3) years immediately prior to his or her cleetion both a resident of the. Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requiremen.t may be waived in an emergency of temporary daration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly adrnitted to the practice of the law ln ttie State, of Qhio and " continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least thm (3) years prior to his or her election to public offiqe. I)) Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E) Removal: The Counoil may remove the Diteotor of Law for gross miseonduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilmen provided in his Charter nor until the bfreator of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. al=p07' 17 oti 9^1 1- CVS
. atr. i. Yuu c:uonv MY Uh eay Vl LLAGE 440 811 5751 N0.210 P. 4 OrdinanceNo. 07-83 3 SECTION 11.2 NOMINATION Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective offiae other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Counciltnau at Large), signed by tbe registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shail designate his residence. A registered voter may sign as many nominating petitions fnr different candidates for a particular elective ofrice as there are elective positions to be filled in that office at the election for which the petition is filed. SECTION 2. That the ballot for said election shall, at the top thereof, be entitled, "Proposed Amendment to City Charter Ballot." Below the title shall be listed the full text of the proposed Charter Amendment. Thereunder shall be printed, "A Majority Vote is Necessary for Adoption." The question to be submitted on the ballot shall be in the fvllowing words: " Shall the proposed amendment of the Charter of the City of Bay ViIlage TO I'ItOVIDE FOR THE ELECTION OF THE DIRECTOR OF LAW BY TIIE ELECTORATE, AND TO PRO'VIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, ANI)11.2 OF THE BAY VILLAGE CITY CHARTER be adopted7" To the bottom of said wording, in boxes with appropriate places for marking, shall appear the words, "Yes" and "No", whexe each voter shall indicate their choice. SECTION 3. That the Clerk of Council is hereby directed to either publish the full text of the proposed Charter amendment in a newspaper of general ciroulation within the municipal corporation once a wock for two conseoutive weeks at least fifteen days prior to the election, or mail a copy of the proposed Charter amendment to each elector whose name appears upon the registration books of the last regular electton held in said City at least 30 days before the date of such election. 5EPO7507 W, 9:11 COS
, aer. 1.iuul tl,ubam CITY OF BAY V[LLAGE 440 871 5751 N0.210 P. 5 Ordinance No. 07-83 4 a SECTION A. That the City pay tbe cost of printing and mailing copies Qf said proposed Charter Amendment or pubiishing said notice and the cost thereof is hereby appropriated from the Clerk of Council-Other Account (100,112,54900), SECTION 5. That the Clerk of Council is hereby directed to certify a copy of this ordinance to the Board of Elections of Cuyahoga County. SECTION 6. That this Council fmds and detennines that aa formal actions of this Council concernirig and relating to the passage of this ordinanoe were taken in an open meeting of this Council, and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with law. SECTION 7, That this ordinance is hereby declared to bo an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare, and for the farther reason that it is immediately necessary to place said proposed amendmont on the ballot so the electors may decide the question proposed, wherefore this ordinance shall be in full force and take effect immediately upon its passage and approval by the Mayor. PASSED: Defeated: September 6, 2007 Four (Nays)MesArs.xarbour, Cruse, Koomar, Pohlkamp Two (Yeas) Mr. Scott, Mr. Young Mz. Ztmmerman absent PRESIDENT OF COUNCIL CLERK OF COUNCIL APPROVED: MAYOR 9/5/07 jk i. ^ AIZZ, Ciork of the Council af the Cit d8ay Villagc, Ohtb, ncreby cfxtify the fqrcgoing 1o pe a trde Wpy of'o.r<linana: No. d7f,$^pted by the^puncil of the Resoldrion No F^-r 'Citynf$ay`VfIlage li`16 2q^andnowon fdaiq the otrce of the ^terk of Coun Clork of Cugncft seia07'07 F+tt 9:11 CvS
SECTION 13.5 AMENDMENTS. The Council may, by vote of at least two thirds (2/3) of the total number of Councilmen provided for by this Charter, submit to the electors of the Municipality amendments to this Charter, and upon petitions signed by ten per cent (10%) of the registered electors of this Municipality setting forth any proposed amendment, such proposed amendment shall be so submitted by the Council. The submission of any proposed amendment to the electors shall be governed by the requirements of the Constitution of Ohio, and, to such extent as said Constitution shall fail to provide therefor, the Council shall determine the manner for such submission. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent amendments on the same subject are submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter, subject however to the provisions of Article X, Section 10.3. (Ord. 62-158; approved by voters 11-6-62.) I EXHIBIT
PE1'1'1'lUN FOR SUBMISSION ur' YKUPOSLll ^ AMENDMENT TO CHARTER ^2^iv-i; P^3^i.9^ 1vOTICE Whoever knowin gly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative aa}(hority of thecity of, Ohio: We, the undersigned electors of the City of, Ohio, respectfuily petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for subniission to the electors of the City of, the following proposed amendrnent to the Charter of to-wit: Aw.psed Charter Amendment A Proposed Chg. ror AmeR#j4uent to pl^ovide for the election of the Director of Law by the el'torate, w to prq,y^le for the office of the Director of Law by ameptling Seetto:lus 4.2, 44, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the tiffice of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a tenn of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year tenn commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections 4Ud nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the adtninistrative officers, and departments, Council, officers and boards of the Municipality as legal couii:^l and attptney and shall represent the Municipality in all proceedings in court or before any administrative body. I^ 0j she s.jtall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayot. WB (ir she Aall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unles^ btherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director nf La:w 6hall.be.an employee of the Municipality, and he or she shall not hold any other elective or appointive public <sf&e for compensation. He or she shall be permitted to maintain a separate law practice or, business notwithstanding his or her position as Director of Law. C) Qualincations: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Muriicipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly adnutted to the practice of the law in the State of Ohio i m EXHIBIT
and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public ofeice. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without liniitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby desigaate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signa[ure riaea in Ink or Indelible Pencil Place of Residence Date Bay V illage ^ ^ p 7 Y^C^ a 6 C f^] I 07 3. ^ L)R ; S ^^. BayVillage g ^^ O 4. 10O 3l/^^ ^(/c {^^ 5. 6. '], 8. 9.
10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Circulator Statement I4^^L declare under penalty of election falsification: that I am a resident of the State of Ohio and I resi e at the address appearing below my signature; that I am the circulator of the forgoing petition containing signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE ^,, ^/OCi /?d ccj (Stree[ end Number) 1 (C^ty Zip Code)
PETITION FOR SUBMISSION OF PROPOSED 12 AMENDMENT TO CHARTER N {1'H a"'d: 4NiY^jx Atr kc3awjn ^Iv signs tiii7b t'c4ilion r42e1: e tlr^tn 1iIlc.e, cit7[f,^' a F.1.'sYmc r3tlsef at7an ^i.s 1ne p'1, or iigns ke 11z-1A tfrr :^ es; s; ti oter, is liai`ir to prosccutitirr. To the Clerk of City Council, the legislative authority of the City of Bay VilIage, Ohio: We, the undersigned electors ofthe City of, Ohio, respectfully petition the legislative authority, :he City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2,43, and 11.2 of Bay Vil(age City Charter Section 4.2 Directors of Departments The head of each deparfinent shall be a director appointed by the Mayor and who shall serve at the pleasnre of the Mayor, except for the Director of Law who shall ba elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councihnan provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all deparhnent heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law.' A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term I of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. 13) llnties: i ne llirector ot Law shall serve the Mayor, the adnllrnstrauve othcers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attomey before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter ^ imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by I this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her I office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective I or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or ^ business notwithstanding his or her position as Director of Law. ^ C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of I Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio i I E3(HIBIT ^ N ^1
anz shall continue to be duly admitted to the practice of law in the State of Ohio during the tern-t of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Cowicil may remove the Director of Law for gross misconduct, malfeasance, nrisfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Slgnature naen in Ink or lndelible Pencil Place of Residence Street and Number Date 1 1. 05- _2i7 0`7 12. ^ ^(p)- 00 ^ 1" Mn C)y- ^ p7 3 - J AJ ff-/'/c S 3o b 4. ''^^ 0' 3o 0 5. pj- 6. )^X. Bay Viflage 7. ' C^ 3,1 0 8. ^ ^ ^U! ^^ G?3/ D ^ le 9 3 ( f/^yjc(^!o j L^S^Village ^ y 3 (^ ^ 2 `^^
10. 11. ^ ^^-'G^ 12. P dc.. 13. D j J C 14. 3 15. Q) 3( o^ 1 ; / ^(^ j Q^ 1 (0 18. a/g L/U p 19 5 20. 'L 5 ^,i n jz 'e-k 3058( 17A1.6rslZ L4,-JE BayVillage S 3( 0- j22. J S^ 61'7 23. 5^7 "^ 51C^c lez? Bay vitlage 7 24. Bay village 5 3 ^ J 7 25. Circulator Statement i, ^. Yl G l- C/P2, declare under penalty of election falsification: that I am a resident of the State of Ohio and reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing _Q,^l signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attomey in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE A LrA%c-c^ rz (Signature ofcirculator) 29133 JS&s,r^ (Street and Number) 3^Gs w azqc /)17 ( and Zip Code) 3
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER /3 1()lit I!4Ewel-er' lceaowin ^Ircit;ns this 1'etiritrn anore thsrn ua:c c. ^iv;rin :e name other thai:r his uititi, ra siarn^,,a iieii n^,^ le^.ei woter, i^:!iatt^e to prosecoiioo. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of Bay ViIlage City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, subniit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the fust day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified_ B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be pemiitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qua.lifieations: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXNIBIT N L
and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her orlice. He or slre shall have practice law in the State of Ohio continuously for at least three (3) years prior to his oi- her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a conunittee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signalure ritten in Ink or Indelible Pencil Place of Residence Strce[ and Number Date 1. ^Z. 376.,r^ (^ g U 2 ^/[qgfc^ ^^ r ^ ^ Q 3. IC W fyl^(o L ^, >j l 0 / 4.^ 3!1 ( PI ^ (n10lc /^ n ry^ Bay village O Jj OS' G^ 5 pt '^a r ^ ^ 7 6. G ^ ^ '] 8. g, liay Village 2 6^^
10. 11. 12. 13. 14. 15. 16. 17-18. 19. 20. 21. 22. 23. 24. 25. Circulator Statement I, / Vaf)G j L!!"C-tl ^led^declare under penalty of election falsification: that I am a resident of the State of Oht 'o and I si(le at the address appearing below my signature; that I am the circulator of the forgoing petition containing ((-,) signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE ^ 7,3trGu*^ (Signature ofcirculntor) r2`l13^ fi.'-sbov'// (s(reet and umber) 1 ily and Zip Code) 3 ^-1
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER 2-3 )<rrs-acra 4ar 11,lc'141 kyiillvkr4r1v ^lr11s this ElCI1r1Uf1 [il(lcc illkel9 IfAC4'.S! 'ti,ti a 7T8!%il' 42tbE'r fhtlgd lyft u1ci3..in elgir^^ s4 ^l^ b yst ^ ier, r4liuiijr lo ps osccuiinn. fl,il To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 43, and 11.2 of City Charter Section 4.2 Directors of Deparlments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councibvan provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councihnan provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons sball be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and quali ed. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio I I EXHIBIT w J 2
and's.ball continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her o413ce. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take placa without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without liniitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a conunittee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Slgnature 'ritten in Ink or Indelible Pencil Place of Residence Sireet and Number Date 1. ^ ^. s!l^t7! ^x3icjv,^pc7^g" ^ 2.,) 3. ^^ ^Y 0 _,2 4. ^ Z$ 0 S 6. (^SOS bs^c7/t 3^ 1^(/^ BayVillage r..... 7.J1 J 3 1 ^;<luwor,sp c,!/e^^ 8. L l/^.^^^1! ^ i..^ ^ 9. /n
10. LL `i CJ ^ 7 1 1. ^ ^ 3$ I ^ - r{ P/1 ^- y- 12. 13. v2 C^ BaY Village 14. ^^^i/{ t.' 15. 2!9-7 16. y" ^ Q 6^kl3Z9-C4-- 2,r 0 17. 5 ^.c>_m-, `S L uco't ti 19. 20. 21. 22. 23. 24. 25. Circulator Statement i, JU t I.Q, L. CQSAt Q'(, declare under penalty of election falsification: that I am a resident of the State of Ohio and I res'de at the address appearing below my signature; that I am the circulator of the forgoing petition containing signatures; that I witnessed the affxing of every signature; that all signers were to the best of my knowledge and belief qualified to siga; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.3 82 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF TI3E FIFTH DEGREE (Signa(ureoTCirculator) (S[reet and Number) Wl 1^A^^,^ (^id ^(-t<<-lc^ ^ (Cflv anl a Code) 3 2.'^
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER \4111( d'. OV- /^lv^yt i`1 114 rrl C1 4<d1uH ialf 1F`i^,3)s Rh15 Pe^it1[1P) [;T(!S"c CI731n u,3r(-. +il;i3d ;^ 7FaCFnoAhc^- tfl:ln ^ai1 utitifi. ui'?i^f^5.<fic^1 EI^-;. ai..ti ti^ltr, 1. Ii^^l:fe tu N'esict-u ii[1i. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meefing of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4_3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term cotnmencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attomey before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law sball be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of'the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio I EXHII3IT N-LV
and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may reniove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature diiiaijn Ink or Indelible Pencil Place of Residence Street and Number Date Mo. Da // Vi e O 2 k ^Qqq7y ^^ _ BayViliage b6 QL/ _111^' 3. ^9y fz. 4 ^ 3a ^h G f /^(y 6. I'-^}Le) g6^ 7. Sj 11 D / 26 dq 0"7 g 9. ^ Ala'dt'l C&- Vk).^ru 2 ^ oq b"r / 6b lp^- 07 2 2^-
lo. p,/- 13. 14. 15. 16. u { ^5 v^.^' l p 1-7 ^ y U ay Village 17. :Jl ^ci4 MLA'r i 4t l[k l/ K -OHy Village rrr ^ 8 18. 1/32 N,<JlvTL1C^^ ^c^ ^ j 19 ^ ^ G 7 2 21 p A ^ay Village (o cq 22. ' ^ac 2(90 ^ ^ j L O n ^ l 1 D^ BayVillage ^ S 0-7 1 23. ^ ^^ Cb U /" ^a2^t tj^ `a-)`' ^ S U 24. ^v ej' 25. ^ '51 0-11 Circulator Statement I, r, (4cr 14 @ R, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 2!;:- signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE Signatdre of Circulator) (Street end Number) (C ^ -P ty and Zip Code) 3 24
Art. XVIII, 8 Art. XVIII, 9 $ [Submission of question of election of charter commission; approval.] The legislative authority of any city or village may by a two-thirds vote of its members, and upon petition of ten per centum of the electors shall forthwith, provide by ordinance for tho submission to the electors, of the question, "Shall a commission be chosen to frame a charter." The ordinance providing for the submission of such question shail require that it be submitted to the electors at the next regular municipal election if one shall occur not less than sixty nor more than one hundred and twenty days after its passage; otherwise it shall provide for the submission of the question at a special election to be called and held within the time aforesaid. The ballot containing such question shall bear no par ty designation, and provision shall be made thereon for the election from the municipality at large of fifteen electors who shall constitute a commission to frame a charter; provided that a majority of the electors voting on such question shall have voted in the affirmative. Any charter so framed shall be submitted to the electors of the municipality at an election to be held at a time fixed by the charter commission and within one year from the date of its election, provision for which shall be made by the legislative authority of the municipality in so far as not prescribed by general law, Not less than thirty days prior to such election the clerk of the municipality shall mail a copy of the proposed charter to each elector whose name appears upon the poll or registration books of the last regular or general election held therein. If such proposed charter is approved by a majority of the electors voting thereon it shall become the charter of such municipality at the time fixed therein. (Adopted September 3, 1912.) 9[Amendments to charter; submission; approval.] Amendments to any charter framed and adopted as herein provided may be submitted to the electors of a municipality by a two-thirds vote of the legislative authority thereof, and, upon petitions signed by ten per centum of the electors of the municipality setting forth any such proposed amendment, shall be submitted by such legislative authority. The submission of proposed amendments to the electors s}iall be governed by the requirements of section 8 as to the submission of the question of choosing a charter commrnission; and copies of proposed amendments may be mailed to the electors as hereinbefore provided for copies of a proposed charter, or pursuant to laws passed by the general assembly, notice of proposed amendments may be given by newspaper advertising. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of the charter of the municipality. A copy of said charter or any amendment thereto shall be certified to the secretary of state, within thirty days after adoption by a referendum vote. (Amended January 1, 1971.) EXHIBIT
IN THE SUPREME COURT OF OHIO State of Ohio ) CASE NO. 2007-1687 City of, ex rel. ) ) Committee for the Charter Amendment for ) ORIGINAL ACTION IN an Elected Law Director ) MANDAMUS Lucian A. Dade, Chairperson, et al ) Relators EXPEDITED ELECTION CASE V. City of et al Respondents RELATORS' EVIDENCE VOLUME III (AFFIDAVITS-EXHIBITS P-11) Gerald W. Phillips (0024804) Phillips & Co., L.P.A. P.O. Box 269 461 Windward Way Avon Lake, Ohio 44012 (440) 933-9142 Fax No. (440) 930-0747 gwphi1150@yahoo.com Attorney for Relators srp l 4 10V CLERK OF COURT SUPREME COURT OF OHIO Stephen M. O'Bryan (0009512) Counsel of Record Patrick J. Krebs (0072828) Majeed G. Makhlouf (0073853) Taft, Stettinius, & Hollister LLP 2000 Public Square Suite 3500 (216) 241-2838 Fax No. (216) 241-3707 sobryanntaftlaw.com pkrebs@taftlaw.com mmakhlouf a,taftlaw.com Donald J. McTigue (0022849) Mark A. McGinnis (0076275) The McTigue Law Group 550 East Walnut St. Columbus, Ohio 43214 (614) 263-7000 Fax No. (614) 263-7078 meti,,zuelaw@rrohio.com Attorneys for Respondents
The Relators who hereby submit the attached Relators Evidence Volume III in the herein original action. Respectfully Submitted; Gerald W. Phillips (0024804) Phillips & Co. L.P.A.. P.O. Box 269 Avon Lake, Ohio 44012 (440) 933-9142 Attorney for Relators Proof of Service A copy of the Relators Evidence Volume III has been personally served upon Stephen M. O'Bryan, Taft, Stettinius, & Hollister LLP, Attorney for Respondent, 200 Public Square, Suite 3500, Cleveland, Ohio 44114-2302 pursuantto Ohio Supreme Court Rule 1, 3 (A) this 24'' day of September 2007. Gerald W. Phillips (0024804) Attorney for Relators
RULES AND INSTRUCTIONS FOR CIRCULATING A PETITION 1_ The signer must be a registered voter in the city of. Verify this before you allow people to sign. You can register a person and then have them sign the petition by using a voter registration card. 2. You must watch each signature written on the petition_ The signer must be in your presence when he or she signs. 3. Do not let anyone sign the petition for someone else. Each person must sign his or her own signature. A spouse cannot sign for the other spouse. There is one exception having to do with Powers of Attorney, but it's too complicated - don't do it. 4. The signer should use his or her legal name as it appears on his or her voter registration card. They should not use Mr. or Mrs. A new voter registration card must be filled out to record a name change. 5. The petition must have signatures in the signature block, not printed names. In case a signer's signature is not very legible, the signer may print his or her name and place both his or her signature and printed name on the same line of the petition in the signature block. 6. The signer should complete the petition. The signer must place their signature on the petition, and print the address information. If the signer has just moved, then he or she should fill out a new voter registration card to register the change of address with the Board of Elections. The registered voter's current address must agree with the Board of Elections records to be a valid signature. Have the signer put the date in the space provided. 7. Only one circulator per petition form. The petition foms is personal to the circulator. A circulator cannot give his or her petition foffn to someone else to obtain signatures. For instance, a husband and wife both soliciting signatures must each have their own form. B. A circulator cannot sign his or her own petition, but a circulator can sign another person's petition. 9. All signatures must be in ink. 10. Signatures may be crossed off on the petition if made in error. 11. A person may only sign on the petition form once. 12. Ditto marks may be used for the address and date. 13. All voter registration cards for newly registered voters or for name and address changes should be kept by the circulator and turned in with the petition. 14. Make sure the petition is complete when turning it in. The circulator statement at the end must be filled out once you are finished circulating the petition and you're ready to tum in your petition. Do this when you come to turn the petition in so we can watch you sign and check the completeness and accuracy of the circulator statement_ 15. If you have questions, call Karen at (440) 871-7705 or Alex at (216) 701-4853.
PETITION FOR SUBMISSION OF PROPOSED /a AMENDMENT TO CHARTER /-/, /zr'-s rzc-fc NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term conunencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the tenns and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT GN^ I
and slsa.ll continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councihnan (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature Place of Residence Street and Number Date Mo. Day Year 7 I^ ^7 2. Lt ^ c ^ do? d ^rl. ^^ ^ A ` (^ S^U / LWt CJ i 5 07 4 0(^,1 ^ 5. 6. l^a ^ t,1 ^' t._- ^4 f ' 7 ti. 8. 72l ti '?...7^. ` 1 7? i:. 3,,/^ ) ` A!G^ t^ Pay Village 7 I 3 LZ 0 7 9 _- WM '.-, ja D /.^s ^/fa" Bay Y Village 1U
' 10. F ^ rti ^(, ^^1\ 1 1^hCO^h ^^0 Bay ViBage 0( 1 L,e^ _j/ry il fd bi 12. ^ ^ ^ ( I ^ZLc S SE-^ ^ Ic^c. 7 13. 14. 7-7 ZCj 07 15 -Z ZS'IO/i 0rBdCAl PP a-f 6. Z.^ ay Village -Z 0'7 17. 9 17 18. BayVillage 19. M G^L^^r/3 /` / ^ / bn&/d'z /vk 20 21. 22. 23. 24. 25. BayVillage Bay Vitlage Circulator Statement I, 6e,! declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE alure of Circulator) t,',) U^^^, (StreetandNumber) O)f yv,yu ^ty and-zip Code) LU
PETITION FOR SUBMISSION OF PROPOSED 14, AMENDMENT TO CHARTER -:97 NO?fYCE Whoever?znowingly signs this Petiteon more than once, signs a name other thaas his own, or signs when not a legal vnter, is liab7^ to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the offce of the Director of Law by amending Sections 4.2,4.3, and 11.2 of Bay ViIIage City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an dl"ection to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her elecrion, and serve until his or her successor is elected and quali,fied.... B) Duties: The Director of Law shal] serve the Mayor, the administrafive officers, and departrnents, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT ^^
and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opporhmity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nontination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Sigaatur e Place of Residence Street sad Number Date Mo. Day Year Q$.7a 2. 6S)6111 1 ^j Zy Q^ 3. BayVillage 4. da_ ^nyine-& e-z17?g0o0i9 BayVillage 25 07 am ^. ^ ZS ^ 6. 1,Ap Co Bayvillage azs ^ rd M:-/'h1e. 1Li V^ Bay VIllage g 8 ^^ (}(ktgsan^zv ^ 9., ^ ^^s z^^4 Lrvco^^ ^ BayVSllage W^ ZS d7 a^ ^ (7vr,^ S A5 671 ^J^
10. O.Z47 kouq/,y0ca2.r^ &^ i7 ^ 2r- 07 12. c ^1 2-1 $-30 (,!X- ^" p7 13. a'a70 7 1C^)1-C.4eF^oc4eeVBayVillage 14. f 2t(^ (^ 2G [ E^^c J 1. ' zm w, p^ ^ Z 07 BayVillage 18. Z(3 tp o^^ ^ BayVillage g Z5 6^ 0 7 2 / 21. 22. 23. 24. 25. Circulator Statement I, /^^ t^3ly )k-s^(^i^, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 2 C) signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attomey in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE 81
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER NOTICE l^ /4-rg7) /3 c-ly Whoever knowin gly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so subnutted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perfonn such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT 1 ^
and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councihnan (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality_ Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective offrce as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Siguature r^` / Place of nesidenee 1nkalpdCll`IePencin^L^l / StreetandNumher Date D 1, ^ Za 2. f=- ( Z 3, I (Q 20 4. 2c^ (.0 2-o 5. 6. 7, 8. 9, H
10. (Y,- 26 (1)7 I 1. 7 / 3`f 7/3 b 13. ^ ti3 ^ ^ ^ ^ ^f 7 ^^^L,l^ ^^ 15. '^ `-lq LE d Q^t_^ 16. lv ^l O ^ 17. o- ^ 18. \ ' a ^57 i77 19. ^ ' '"^3 ' /P ^ ^J : ^ BayVillage 20. 21. ^0 07 22. ^ Z98o Q ^oo^e {^^ 23. I ZL.^/ ;^Yfb Villa e BaY g U 24. ^%0 lp ^ 0 25. aq ^ Circulator Statement I, WkVe 0-k L' V lf2 AsC t,l, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the addre s appearing below my signature; that I am the circulator of the forgoing petition containing Go signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signamre of Circulator) (StrcctandNumber) bufte---cl - end Zip Code) irl
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER NOTICE I4 ^hr,^ips Whoever knowingly signs thispetitiun mure than-ovee; signx a name-other th^an his ewn; or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years inunediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EJ(H^a^T s j
arid shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opporhuuty to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councihnan at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature Wtten in Ink or Indelible Pencil Place of Residence Date 1. 2. ^ ^^ 1C C 7 3 07 3. tt <<Col* 7 3 U7 4, 7 3 G, 5 ^ ^251^3 r^ r4(.'/c^( g %..! Qr 6. Vv, ^ 7. 6i '^.i C_.. Bay VIllage 9 i'+
10. Bay Villa e J=i ^ii^^ l:, g t /3 C%7 /^ 3 ' 11. -'e3c-cct t6zj GC ^-tc E1'J'/G' j /^soiz= ^^^ /3 c?7 12. ^ X3 ^ /Gcra b /1 ^.. ^,. --- 14. 15. 16. ^^/(^C ^- ^ ^r`^ jbfi^hc^lszrr' 1^ ^' ^ ^J!/^^5 ^^C) 1 ^ ) 7 18. 1 20. b l o 2 yl( &4 7 ls!o 22. 7 67 3. 24. J 2CoQ S^^ ^^ ^ p^ 25. Circulator Statement I! t I cs^ i 3k S^, ^1 ^ It^ tfo5, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing Z ' tures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belie lified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE \L 2L ^C 't (Signature of Circulator) Zr'1 1 U 1 t;^ t LZL. l-y`- i.1 aflap ( t and Number) n-r 4414^) (City and Zip Code) 14
PETITION FOR SUBMISSION OF PROPOSED G}' AMENDMENT TO CHARTER J NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councibnan provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so subniitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year tenn commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions ofthis Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separats law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her tenn of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT ^ ^^^
and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to lus or her "election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross niisconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councihnan at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; 3igaatare ritten in Ink or Indelible Pencil Place of Residence Date Da Y 1. C/^Vl_c du'" 4^ l ^^" - ^j 7^ I^ 2 re ^^ cj ^ O CD 2. BayVillage 7 Cf U 3. ^ 4. 199-^^ 07 5. /< 4 6. 3I.^^ ag^[^ci ^j 7 0 ii (^DG^t^ 3 d^^^ /2 a v 4^ 7. 8. /JSL,Q(v-- -7 ^0 C ( 9. 7 G'i
10. 6 11. 12. ^ 13.' ^ 3 a 14 ^^ ' ^^^s L ^G ^t ^ -^76) CJ 15 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Circulator Statement I, /,^e, declare under penalty of election falsification: that I am a resident of the State of Ohio anc^ I resid t the address appearing below my signature; that I am the circulator of the forgoing pe6tion containing signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and elief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signature of Circufator) t a5^x^ri1 ^1, (Street and Number) Z(,3, n,'`l^ee..,o;d'-^ ^1^1D (City and Z' Code
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER Z3 )2-r-sn-ofz '% i)t)(l:: ^flr.c"t c7 `indtiwir rlf '+ic!ns t'hif l. 'eqiti7r[1 iylqrl: ll3m11 ^1ncC. 4i ^ i.^ a tlikrnt' othur tltar h fh ultti o3' kl}^tl'. +u ft+'h ilfl! t<.;ai titlrt'r', iti lia^ll' {C1 1)!'01t't'lt[E0R1. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2,4.3, and 11.2 of Bay V'illage City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said fust rneeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of ofhce upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the fust day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the Stats unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio I EXIIIBIT
. and s.11al1 continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her oifice. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take plac without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or exaniine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voter: of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilmai (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44140; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature (Written in Ink or Indelible Pencil) Place of Residence - - - Date...,.....,.a 2. r-^ 4 07 / 3-61a O'^2 4. zno^j asb S 6. ^M ^I^ISa C ^^ bs JL^ 7. J^ L iuwono ;L>-+J 8. 9, 4 4 ^- 2 /Zi)
10. -'^.. ^j G a.:;"j 1 l. f 3 g ^ a r^c { ^ 12. % ^^ ^ ^J ^^ ^ ^ YC ^ 13. ^f ^J^tGUrt^ T7 5^ U1J/^ ^^ /C^. 14. Bay Vilfage f-) ^.^ 15. 7^ 16. r' 17. - '^ 7 7 v/ BayVillage S- - J 19. 20. 21. 22. 23. 24. 25 Circulator Statement I, ^U ^ l Q L ^ P j^ t Q C declare under penalty of election falsification: that I am a resident of the State of Ohio and I res'de at the address appearing below my signature; that I am the circulator of the forgoing petition containing signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMIVIITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signature of Circulator) Z^^ s t 3 C^ ^6^frrt ^^. (Street and Number) 3 2.-^
PETITION FOR SUBMISSION OF PROPOSED J AMENDMENT TO CHARTER 'VOT-^.rr; Wboever knowingly signs this Petition more than once, signs a r^ame other than his own, or suguis when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Secfions 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the personfilling the next succeeding term of the office of the Mayor shall at the fnst meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automaticaily discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the fust day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio
and`shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petifions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at (he election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature ritten in Ink or Indelible Pencil Place of Residence Date 1 ^C^^ - ^^ ^ 3iI3`1 ^, 9 z Qa ^y 25 2. ^ C 1 9 bs u)' O ZS 3; ^ ^ ZS' U) 4.^ ^\^C Z$3^^ d^^t2t^^^ ayvillage ZS ljyt 5, 67 ( L[I (J ^ 1 ^. ^ ^ 2-rj () 7 ZZ). O (//!^71 0_2 8, ay Village d 3 9, J/S Z 'e $ ZS 61 _t^
0 &4YL'^ ayvilla S ` -y^^^ BayVillage ^' 12. Bay t age 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Circulator Statement I, '(-es t4r, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing \1 signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attomey in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signature of Circulator) 0S6(Yl 'Q,A. (Street and Number) 60 ^
The Supreme Court of Ohio Offrtt of Y4e QIlzrk RECEIVED OF 1' h' Co. ^ L. P A. kl-100-00 N2 960 ONE HUNDRED DOLLARS, Deposit for Costs. ^ ^ G-12 e ^c re_^. ^r^.+^ }f ce ^or i-(^ ^ G^^^^1,'4M2n dlma.r^^ ^ f c,^ ^ (^c_{' t A^t+-cJ CASE No. (5?.- {(9^-7 [^ VS. ak ^7C.-r /` t^c G 2{ 0.^ Zon7 FILED 3-40Y9-- By DEPUTY EXHIBIT The Supreme Court of Ohio Office of the Clerk 3 $40.00 N2 27709 RECEIVED OF ^ k i i 1 ^ )- (^o. < L.P.A. FORTY DOLLARS, New Case Filing Fee. ^+0"fc. of 0 Ko ex ref. Corvw^tiee CASE No. 0-7- ftco ^ Por {i.^ Ck-r{-c.r A Menj,,,eri -^or a..cfecf^d (_o`.u^ Uc'eci-*or VS. 1 O G FILED 20 -Oi By L^^ U ^ ^ ^ DEPUTY
SECTION 4.2 DIRECTORS OF DEPARTMENTS. The head of each department shall be a director, appointed by the Mayor, and who shall serve at the pleasure of the Mayor. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilmen provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor, shall, at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilmen provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. (Ord. 82-67; approved by voters 11-2-82.) SECTION 4.3 DUTIES OF THE DIRECTOR OF LAW. The Director of Law, or his representative, shall serve the Mayor, the administrative officers and departments, Council, officers and boards of the Municipality as legal counsel and attorney, and shall represent the Municipality in all proceedings in court or before any administrative body. He shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council, and perform such other duties as the Council or the Mayor may impose upon him consistent with his office. (Ord. 62-158; approved by voters 11-6-62.) SECTION 11.2 NOMINATION. Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: (a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward. (b) A petition or petitions, in the case of a candidate for any elective office other than ward Councilman (including, without limitation, a candidate for Mayor, for President of Council, or for Councilman at large) signed by the registered voters of the Municipality in a number not less than three per cent (3 %) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. (Ord. 73-13; approved by voters 5-8-73.) EXHIBIT I \1
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ETITION FOR SUBMISSION OF PROPOSEI; ^ AMENDMENT TO CHARTER NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effec6ve except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Cbarter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attomey before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be perniitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio b
arrd shall continue to be duly admitted to the practice of law in the State of Ohio during the tenn of his or her office. -He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for F^p'sident of Council, or for Councihnan at Large), signed by the registered voters of the Municipality in a number not iess thanahree per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Edni] Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature 'ritlen in Ink or Indelible Pencil Place of Residence Date,!-[ ^ 2. C " i / u, 3 C(^ 0 LtiIJ ^. ^^e ( 0 ^ 30 07 3. 30^ O r^ e fcr-^ l- BayVillage l4 /yu ^^ 4. 21 C C' 5^ a'l -ad fo gl,lsse (I 12d lt zl^ 07 6. 11M21 ^f ^^ C? 7 v ^, ^"\ 2-470^ (A/. 0 a,(44-l f.^^ ay Village ^ 8, 9..S ^ 6 ^ ^ ^ ^ ^ v ^
61^, 11. ^ ^,^ 3 7(^ 5 ^ 2-7 ^ G 12. ^^ 0 ZtJ,V cu^v / 13 ^ t ^=3 14. ^ a9 (a 1-7 W11 w 5, 4 (opfj ^ ^h '7 6-^ 16. 7,060) (^i ^rl d r 1 O^.L [^-. 7 /y p^ 17. ^ 18. -7 19. ^ l p ^670 3 ^^ L ^ 7 f^ 20. C j^ ^/ ^O O 7 2 L'(. ^Bay Villa 7 22. 7 1i cf 7 23. 24 25. Circulator Statement I declare under penalty of election falsification: that I am a resident of the State of Olno and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 7-2- signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (Signature of Circulator) t5-&"(- Lt'--" 1,90 (Street and Num r) `^
PETITION FOR SUBMISSION OF PROPOSED A.4diPc- AMENDMENT TO CHARTER S 3 NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his osvn, or signs when not a legal vote&, is Yiable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councihnan provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio `EHI J IIBIT /` _7_
and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her oftice. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross niisconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a conunittee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Sigaature Piace of Residence Streei and Number Date Mo. Dav Year 1 rko 2. ^ JE 2,` 0 3. S L^ 1^ ^ 7 O Q 7 4 BayViIlage 5. ' ^ 23" o^e^} ^^ 1 ^ ^ 6 br "-" ^ g G 7. 617 lgty1kr 8. 9. Ba y Villa g e /^6/l d>t^ L o7 BayVidage ^ s b R^
30 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. i. Circulator Statement I, L^(^lf^j3 ^i ^ZYZIF^ declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 1,C_ signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (City dzipcode) 57-^
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER 1^i9/J67 NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending S'ections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and whp, shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a^ead of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councihnan provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shal'1 act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXNIBIT i ^ 4
and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or ber office. `He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compe,nsation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councihnan provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councihnan, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Sigaaarre (Written in Ink or Indelible Peacil Place of Residence Street and Nomber Date Mo. Day Year 1. q ^4-2. - ^ 206 8/ oi9-r/j C',Ct, ' 7 d, 3. 3 0 7 d 5 ^,^` Fd^'e Bay ViIlage 07 4, 02 3 fj(pftr o 5. 6, t^j sd'l 3` t{^^ BayVillage 2-z 0^> 7. 30^jd,9117rd1,4d /11Z BayVillage 7?U 8. 3 O6 Z S' /7'S lt rx f+,"ay Village ^ t-6 9 (?4,>-DLE`y Z^ - 7 c'^
L2 ^^Cl. ko a ik K cp ^1 iz w^ -F) rb lt^ ay Village 306 ^ Q C^^ BayVillage c G"1 7 6^ U 17 12^^ /2-0hu414Z - ^5^ZRI'JIIMJU211 7 13. 70 03 ^'; QV4i7 Bay viuage 7 ^v Cl 14. (n.?:loo _ (7via o-7 15. 7 17. ( it ^ rt ^r 18. ^q(3 &^av-o BayVillage ^ 0 19. ^ 20. ^(j 1 S ^ 2-6 o 1 21. / C^O^OI ll1//a^izc CiJ. Gu'QPayVillage 22. 23. 24. zs_ ^ &-,'C g a O r 4 0 ^ ^K ZI, b7 8 a4, o-7 "Saao a Circulator Statement I, A^ e-n J. d e,) declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing A 3 signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE Sz (Signature ut^ator) (Street and mber) ( ty and Zip Code)
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER s Z NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the oflice of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attorney and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXHIBIT *Y-L
and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her oftice. He or she shall have practiced law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote east at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition she-'? s;gn his name and after his name shall designate his residence. A registered voter may sign as many nominatin3`pu4itious for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Sigaature kittea in Ink or Indefible Peacii Place of Residence Street and Number Date Day Y 1 24 1) IJQ BayVillage (:j 77 0? 2 3 BayVillage 8 z) 4. lel)(d ^ ^ oz ^ D7 ^.^^ri^. NAn/ n/ p. ry 5 J'o y0/ EaN/e- ZJYi/ve D / 07 6. 7. 8. 9. CQ F-
10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Bay ViIlage 22. 23. 24. 25. Circulator Statement I, n J. J cz d ej, declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing r' signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUH,TY OF A FELONY OF THE FIFTH DEGREE (Signature of C'vculator) S ^ ^ ^' ^x ^ ( e,^ ^ ^(, (Street and N mber) ^ (C end Zip Code) a-
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER NOTICE Whoever knowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the offrce of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person filling the next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councilman provided for in this Charter fail to approve any or all of the names so submitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly adn-iitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office commencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attorney before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio EXIiIBIT -7-
and'shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. 'He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her election to public office. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross niisconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nominafion for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in such ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councihnan (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councilman at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd:,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature ritten in Ink or Indelible Pencil Place of Residence Street and Number Mo Date Day Year 7 D^ f 0`7 2. ^ O 6 3`' v.^ oj 7 ^ d7 4. Z 321 6. GU i^gloz^ _ Z^3Z ) Gcu1c{er: C e^ r-7 o7 7. 07 8. ^L ^ ^U^ /^ 3^. ^ -^L t7 9. ilta' d^, 2 G zl S7 /SA^N ^C /Cp^ BayVillage 7 2-1 o'7
10: ZY 6 11. 7 21^ o 117 12. 30 qiq t-u/ti 1) Q 13. b^^^ LFiG^^ l{j3c 7 2-2o e-' i 14.! 15. ^. 16. ^ ^. X 17. 18. 53 (q ^^ (' 19. -3 (i a R U^?5 20. 3pbZ,^ BayVillage g a,!s 21..22. 23. 24. 25. Circulator Statement declare under penalty of election falsification: that I am a resident of the State of Ohio and I reside at the address appearing below my signature; that I am the circulator of the forgoing petition containing 2 / signatures; that I witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to Section 3501.382 of the Revised Code. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE (SignarureofCirculator) _ r ' 5o VDi.^iDN/L D17/vG (Street and Number) &, /1"_eV'X x O.y yv (City and Zip Code) 8
Petition Signer Details Run Date : 8 /3 012 0 0 7 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION # SIG NO NAME ADDRESS CtTYISTATElZIP PARTY CHALLCHALLCODE VOTERI6 SCOTT,JAMES R 318 PLYMOUTH DR BAY VILLAGE, OH 44140 REP 23733 2 DELLASANTINA, JOYCE M 26817 E OVIATT RD BAY VILLAGE, OH 44140 DEM 1966244 3 MILLER, CLARE G 418 HURST DR BAY VILLAGE, OH 44140 24134 4 BANASIAK, MICKEY D 31400 NANTUCKET ROW BAY VILLAGE, OH 44140 1823512 10 1 MACMILLAN, JESSICA L 196 BRADLEY RD BAY VILLAGE, OH 44140 DEM 1884775 10 2 BECK,LAURELM 28207 KNICKERBOCKER RD BAY VILLAGE, OH 44140 1730608 10 3 THEOBALD,SUZANNA R 560 MARVIS DR BAY VILLAGE, OH 44140 DEM 521897 10 4 OBRIEN, TIMOTHY E 31312 ROBERTA DR BAY VILLAGE, OH 44140 939360 10 5 OBRIEN, SUSAN A 31312 ROBERTA DR BAY VILLAGE, OH 44140 DEM 938610 10 6 PICCIRILLI, BARBARA G 335 RYE GATE DR BAY VILLAGE, OH 44140 20428 10 7 PALAMARA,PAULJ 31343 ROBERTA DR BAY VILLAGE, OH 44140 NOPTY 2171217 10 8 MEEHAN, EILEEN M 398 GLEN PARK DR BAY VILLAGE, OH 44140 DEM 368553 10 9 CHAMBERLAIN, DAVID R 30008 ASHTON LN BAY VILLAGE, OH 44140 17601 10 10 COFFIN, TONJA M 29111 LINCOLN RD BAY VILLAGE, OH 44140 944648 10 11 MACMILLAN II, THOMAS L 196 BRADLEY RD BAY VILLAGE, OH 44140 OEM 1884776 10 12 CORBITi, MARGARET M 26711 RUSSELL RD BAY VILLAGE, OH 44140 14498 10 13 LESH, LISA A 28515 OSBORN RD BAY VILLAGE, OH 44140 NOPTY 2118506 10 14 LESH, BENJAMIN H 28515 OSBORN RD BAY VILLAGE, OH 44140 952629 10 15 SMITH, JOHN D 28619 OSBORN RD BAY VILLAGE, OH 44140 1952741 10 16 KEPPLER,DEBORAH K 28314 KNICKERBOCKERRD BAY VILLAGE, OH 44140 19364 10 17 KEPPLER JR, PAUL F 28314 KNICKERBOCKER RD BAY VILLAGE, OH 44140 19365 10 18 GRADY, ROBIN C 605 WELLFLEET DR BAY VILLAGE, OH 44140 12539 10 19 GORIE, MAUREEN F 27923 LINCOLN RD BAY VILLAGE, OH 44140 DEM 18163 10 20 KESTLER, JULIE L 28518 OSBORN RD BAY VILLAGE, OH 44140 DEM 885556 11 1 PELTZ, BETTY M 403 KENILWORTH RD BAY VILLAGE, OH 44140 DEM 15966 11 2 SPENCE JR, DONALD A 406 KENILWORTH RD BAY VILLAGE, OH 44140 16024 11 3 BOLES,RUTH 400 KENILWORTH RD BAY VILLAGE, OH 44140 REP 15678 11 4 REHOR. DANIEL F 28907 NORTHFIELD RD BAY VILLAGE, OH 44140 REP febb^ 1724552 11 5 ORMSBY,THOMAS H 27828 OSBORN RD BAY VILLAGE, OH 44140 REP 15556 11 6 HAYMOND,MARYD 31152 ROBERTA DR BAY VILLAGE, OH 44140 REP m 862590 11 7 GALLO, NICK F 26945 LAKE RD BAY VILLAGE, OH 44140 ^ x 65830 11 8 GALLO,KATHLEEN C 26945 LAKE RD BAY VILLAGE, OH 44140 1594508 11 9 MEDER,KATHLEEN K 23812 KNICKERBOCKER RD BAY VILLAGE, OH 44140 REP ^ 862549 11 10 PAGANELLI,CHERYL 435 ELMWOOD RD BAY VILLAGE, OH 44140 DEM 1 748220 11 11 ARKO, DENNIS M 26700 BRUCE RD BAY VILLAGE, OH 44140 DEM 57637 11 12 ARKO, ANNEMARIE E 26700 BRUCE RD BAY VILLAGE, OH 44140 DEM 57636 11 13 ALTIERI, MATT T 537 CAHOON RD BAY VILLAGE, OH 44140 18877 11 14 FINKBEINER, ADRIENNE B 27843 W OAKLAND RD BAY VILLAGE, OH 44140 NOPTY 2170386 11 15 ALTIERI, BONNIE S 537 CAHOON RD BAY VILLAGE, OH 44140 18876 11 16 FINKBEINER, JOHN A 27843 W OAKLAND RD BAY VILLAGE, OH 44140 NOPTY 2168510 11 17 STANTON, THOMAS E 29001 OSBORN RD BAY VILLAGE, OH 44140 605956 11 18 WOHLEBER, JOAN M 28934 OSBORN RD BAY VILLAGE, OH 44140 DEM 451670
Petition Signer Details Run Date : 8f3012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE 11 19 (NR), ILL 0 11 20 WOODBURN,ANDREW W 29214 OSBORN RD BAY VILLAGE, OH 44140 REP 1986014 11 21 HAPPEL, BRIAN K 29222 OSBORN RD BAY VILLAGE, OH 44140 REP 19730 11 22 DILLON, RICHARD C 29305 OSBORN RD BAY VILLAGE, OH 44140 REP 19674 11 23 HOLIAN, MARY K 29291 OSBORN RD BAY VILLAGE, OH 44140 DEM 1851032 11 24 GRUBER, MARY L 30427 WOLF RD BAY VILLAGE, OH 44140 REP 24783 12 DOWNS, DEBORAH J 614 CAHOON RD BAY VILLAGE, OH 44140 NOPTY 2236722 12 2 PFAHL, CHARISE L 362 OAKMOOR RD BAY VILLAGE, OH 44140 DEM 14279 12 3 (NR), ILL 0 12 4 LUNDBLAD,MARYANN 370 BATES DR BAY VILLAGE, OH 44140 DEM 24109 12 5 SOMRAK,NOREEN H 377 ROBERTS RUN BAY VILLAGE, OH 44140 REP 305954 12 6 LYSLE, BRIAN K 30620 WILLOWAY LN BAY VILLAGE, OH 44140 24846 12 7 WHEELER, DENISE E 28929 OSBORN RD BAY VILLAGE, OH 44140 1786596 12 8 BAUER,PAUL W 28705 W OVIATT RD BAY VILLAGE, OH 44140 DEM 14433 12 9 HUGHES.PAULF 30327 PROVINCETOWN LN BAY VILLAGE, OH 44140 DEM 515912 12 10 WHEELER, WARD L 28929 OSBORN RD BAY VILLAGE, OH 44140 NOPTY 2129694 12 11 HILL, CAROL M 29017 OSBORN RD BAY VILLAGE, OH 44140 REP 19751 12 12 FISCO, ROBERT J 443 OAKMOOR RD BAY VILLAGE, OH 44140 14547 12 13 STEINER, VIRGINIA M 26521 OSBORN RD BAY VILLAGE, OH 44140 17963 12 14 BRAJDIC, TIMOTHY A 361 RYE GATE DR BAY VILLAGE, OH 44140 1007155 12 15 KOZIKOWSKI, SHARON B 28614 OSBORN RD BAY VILLAGE, OH 44140 NOPTY 2221196 12 16 KOZIKOWSKI, CRAIG A 28614 OSBORN RD BAY VILLAGE, OH 44140 NOPTY 2221193 12 17 EVANS, KARYN ANN 28929 NORTHFIELD RD BAY VILLAGE, OH 44140 DEM 474682 12 18 PETKASH, ROBERT P 574 RED OAK LN BAY VILLAGE, OH 44140 REP 474683 12 19 (NR) NR 0 12 20 (NR) ILL 0 12 21 DVORAK, MICHAEL W 30581 TIMBER LN BAY VILLAGE, OH 44140 530898 12 22 BARNEWALL JR, JAMES M 442 UPLAND RD BAY VILLAGE, OH 44140 REP 1675711 12 23 MCCAFFERTY, LINDA S 25248 LAKE RD BAY VILLAGE, OH 44140 DEM 24526 12 24 DAHLHAUSEN,ANNA K 429 CANTERBURY RD BAY VILLAGE, OH 44140 94739 13 POST, CHARLES E 564 FORESTVIEW RD 231 BAY VILLAGE, OH 44140 OEM 736141 13 2 PRUDENCE, GREGORY A 27909 ABERDEEN RD BAY VILLAGE, OH 44140 18358 13 3 MCHENRY,KARIM 27896 OSBORN RD BAY VILLAGE, OH 44140 1820917 13 4 FINK, RICHARD P 30102 WOLF RD BAY VILLAGE, OH 44140 REP 18955 13 5 SROKA,ROBERTA 488 DOVER CENTER RD BAY VILLAGE, OH 44140 REP 18418 13 6 (C) JAKIEL, MATTHEW M 248 SADDLER RD BAY VILLAGE, OH 44140 951854 14 (NR), BLANK 0 14 2 PHILLIPS, MARGARET A 29101 EDGEWOOD RD BAY VILLAGE, OH 44140 18736 14 3 BECHT JR, ROBERT P 400 COLUMBIA RD BAY VILLAGE, OH 44140 REP 13962 14 4 BECHT, NANCY M 400 COLUMBIA RD BAY VILLAGE, OH 44140 REP 13961 14 5 (NR), NR 0 14 6 KRASKA, DENISE M 29113 EDGEWOOD RD BAY VILLAGE, OH 44140 NOPTY 2154319
Petition Signer Details Run Date : 8/30/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE RW 14 7 SCOTT,JOHN P 29120 EDGEWOOD RD BAY VILLAGE, OH 44140 890711 14 6 WEBER, M BRIDGET 29126 EDGEWOOD RD BAY VILLAGE, OH 44140 REP 1678769 14 9 HORVATH,CHERYLL 29120 FOOTE RD BAY VILLAGE, OH 44140 20233 14 10 EGAN, WILLIAM J 29109 FOOTE RD BAY VILLAGE, OH 44140 DEM 20135 14 11 EGAN,SHARON A 29109 FOOTE RD BAY VILLAGE, OH 44140 DEM 20134 14 12 MYSTIC, THERESA M 29105 FOOTE RD BAY VILLAGE. OH 44140 537319 14 13 BOWDITCH, DAVID E 29017 WESTWOOD RD BAY VILLAGE, OH 44140 NOPTY 2130094 14 14 (NR), NR 0 14 15 CRATES, CAROLINE L 29020 WESTWOOD RD BAY VILLAGE, OH 44140 20090 14 16 MOLENAR, MEREDITH A 29103 WESTWOOD RD BAY VILLAGE, OH 44140 DEM 1904479 14 17 CRATES III, WILBURT S 29020 WESTWOOD RD BAY VILLAGE, OH 44140 20094 14 18 BLACKBURN,JAMES R 29010 EDGEWOOD RD BAY VILLAGE, OH 44140 REP 18529 14 19 BLACKBURN, DIANNE L 29010 EDGEWOOD RD BAY VILLAGE, OH 44140 REP 18528 14 20 BATTERSHELL, JILL E 421 LONGBEACH PKY BAY VILLAGE, OH 44140 18518 14 21 BATTERSHELL, PHILLIP D 421 LONGBEACH PKY BAY VILLAGE, OH 44140 REP 18519 14 22 MALLETT, MARY S 28906 WESTWOOD RD BAY VILLAGE, OH 44140 DEM 20314 14 23 GIELOW, VIRGINIA P 260 SADDLER RD BAY VILLAGE, OH 44140 DEM 1995121 14 24 (NR), NR 0 15 1 CHUPA-PEDERSEN, DARCY T 30894 NANTUCKET ROW BAY VILLAGE, OH 44140 24715 15 2 PEDERSEN,PETER E 30894 NANTUCKET ROW BAY VILLAGE, OH 44140 24183 15 3 KRUMBINE, KEITH A 30898 NANTUCKET ROW 1304 BAY VILLAGE, OH 44140 1851796 15 4 KRUMBINE, ALANE J 30898 NANTUCKET ROW BAY VILLAGE, OH 44140 NOPTY 2164435 15 5 SLIFE, ANNMARIE 632 WALMAR DR BAY VILLAGE, OH 44140 1760015 15 6 SLIFE, ELIZABETH M 632 WALMAR DR BAY VILLAGE, OH 44140 2050129 15 7 POLLACK, JUDY C 409 BATES DR BAY VILLAGE, OH 44140 24193 15 8 SLIFE, RICHARD M 632 WALMAR DR BAY VILLAGE, OH 44140 1732168 15 9 MAJEWSKI, TIMOTHY D 305 BASSETT RD BAY VILLAGE, OH 44140 NOPTY 2251401 15 10 HOLZHEIMER, MATTHEW E 30902 NANTUCKET ROW BAY VILLAGE, OH 44140 1986013 15 11 DONOFRIO, DEBORAH M 31408 BEXLEY DR BAY VILLAGE, OH 44140 23433 15 12 (NR), NR 0 15 13 ADAMS,SCOTTJ 206 BRADLEY RD BAY VILLAGE, OH 44140 DEM 940543 15 14 ADAMS,KAREN 0 206 BRADLEY RD BAY VILLAGE, OH 44140 19591 15 15 SANSON, DAVID 31008 WALKER RD BAY VILLAGE, OH 44140 1023347 15 16 LASKOWSKI, DANIEL M 30907 NANTUCKET ROW BAY VILLAGE, OH 44140 DEM 352290 15 17 (NR), NR 0 15 18 NILGES, MARY J 31408 BEXLEY DR BAY VILLAGE, OH 44140 NR 945951 15 19 OCAMPO, KAREN T 28203 WOLF RD BAY VILLAGE, OH 44140 REP 1014174 15 20 DETERLING, MICHAEL A 30892 NANTUCKET ROW SAY VILLAGE, OH 44140 REP 1610702 15 21 VOGEL JR. JOHN DAVID 30901 NANTUCKET ROW BAY VILLAGE, OH 44140 1592336 15 22 VOGEL,JOHN D 30901 NANTUCKET ROW BAY VILLAGE, OH 44140 DEM 23280 16 1 KOSTERII,CARLJ 29721 FOOTE RD BAY VILLAGE, OH 44140 REP 1733466 16 2 MCLAUGHLIN, THOMAS J 29711 FOOTE RD BAY VILLAGE, OH 44140 DEM 20896 QDataInformationManagementSystems, Inc. 1962-2007 i--. R802. 03...: ^-- Page 3 of 22.
Petition Signer Details Run Date : 8/80/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE "f SECTION # SIG NO NAME ADDRESS CITY 1 STATE 1 ZIP PARTY CHAL N =CHAL6CODE ` :, VOTER ID 16 3 CONWAY, KATHERINE N 29627 FOOTE RD BAY VILLAGE, OH 44140 728491 16 4 KRAUSER, STEPHEN R 29617 FOOTE RD BAY VILLAGE, OH 44140 1629312 16 5 (NR) BLANK 0 16 6 (NR) BLANK 0 16 7 (NR) BLANK 0 16 8 (NR) BLANK 0 16 9 (NR) BLANK 0 16 10 (NR) NR 0 16 11 CLEARY, JENNIFER M 29410 WOLF RD BAY VILLAGE, OH 44140 REP 12074 16 12 MEDLEY, THOMAS N 347 BASSETT RD BAY VILLAGE, OH 44140 DEM 20899 16 13 (NR), NR 0 16 14 TASHJIAN, LOIS D 339 BASSETT RD BAY VILLAGE, OH 44140 20996 16 15 HEINE, JEAN M 344 BASSETT RD BAY VILLAGE, OH 44140 20779 16 16 BLANCHARD,ROGER H 351 BASSETT RD BAY VILLAGE, OH 44140 DEM 20630 16 17 BLANCHARD,IRENEF 351 BASSETT RD BAY VILLAGE, OH 44140 DEM 20629 16 18 SOOY, KARL W 357 BASSETT RD BAY VILLAGE, OH 44140 1973161 16 19 COLWELL, JOHN D 29808 FOOTE RD BAY VILLAGE, OH 44140 REP 20669 16 20 COLWELL, WYNETTA A 29808 FOOTE RD BAY VILLAGE, OH 44140 DEM 20670 16 21 BERGMANN,HELEN E 29813 FOOTE RD BAY VILLAGE, OH 44140 DEM 20619 16 22 (NR), NR 0 16 23 DOUGAN,CAROLA 29809 FOOTE RD BAY VILLAGE, OH 44140 DEM 20689 16 24 DIESING, SUSAN L 29804 FOOTE RD BAY VILLAGE, OH 44140 900707 16 25 QUILLIN, CAROL 29714 FOOTE RD BAY VILLAGE, OH 44140 REP 20944 17 1 NYE JR, PHILLIP M 28412 KNICKERBOCKER RD BAY VILLAGE, OH 44140 940494 17 2 NYE,STACEY L 28412 KNICKERBOCKER RD BAY VILLAGE, OH 44140 13220 17 3 ADAMS,BETTYL 28109 OSBORN RD BAY VILLAGE, OH 44140 OEM 19588 17 4 ADAMS,JOHN Q 28109 OSBORN RD BAY VILLAGE, OH 44140 OEM 19590 17 5 SANDERSON,BARBARAJ 28505 OSBORN RD BAY VILLAGE, OH 44140 REP NG 887517 17 6 SANDERSON, WILLIAM A 28505 OSBORN RD BAY VILLAGE, OH 44140 REP 887514 17 7 STEVENS, KEITH P 531 ELMWOOD RD BAY VILLAGE, OH 44140 16040 17 8 KORTE, ELAINE B 31146 LAKE RD BAY VILLAGE, OH 44140 469268 17 9 WEBSTER,JEANNE M 30500 MAPLE DR BAY VILLAGE, OH 44140 REP 537007 17 10 KANDRA, KATHERINE E 569 KENILWORTH RD BAY VILLAGE, OH 44140 REP NG 1830557 17 11 TORRE,TERRANCEJ 23814 BRUCE RD BAY VILLAGE, OH 44140 2000366 17 12 CERNEA JR. JOHN G 29321 OSBORN RD BAY VILLAGE, OH 44140 OEM 19639 17 13 DELANEY, CARRIE 25253 WOLF RO BAY VILLAGE, OH 44140 NOPTY 2078866 17 14 LAUGHLIN, KAY E 26758 RUSSELL RD BAY VILLAGE, OH 44140 REP 16325 17 17 15 16 LAUGHLIN, GERALD L MILLER, ANN 26758 RUSSELL RD 28510 OSBORN RD BAY VILLAGE, OH 44140 BAY VILLAGE, OH 44140 REP 16323 1584809 17 17 MCMAHON,CARLG 28616 LINCOLN RD BAY VILLAGE, OH 44140 DEM 19853 17 18 MCMAHON, KAREN S 28616 LINCOLN RD BAY VILLAGE, OH 44140 DEM 19854 18 1 MUNN, RODERICK W 28902 WOLF RD BAY VILLAGE, OH 44140 REP 18714
Petition Signer Details Run Date : 813012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE 18 2 HALTER, CAROLE A 30924 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 22973 18 3 KUNZE,TODDL 30912 NANTUCKET ROW BAY VILLAGE, OH 44140 NOPTY 2177008 18 4 KUNZE,KELLY C 30912 NANTUCKET ROW BAY VILLAGE, OH 44140 NOPTY 2177002 18 5 JASTER, CAROLYN J 31016 NANTUCKET ROW BAY VILLAGE, OH 44140 NOPTY 1648032 18 6 CARROLL,MARK W 31030 NANTUCKET ROW BAY VILLAGE, OH 44140 DEM 2168748 18 7 SCREW VALA, FARROKH N 31110 NANTUCKET ROW BAY VILLAGE, OH 44140 DEM 23208 18 8 SCREWVALA, ELLEN J 31110 NANTUCKET ROW BAY VILLAGE, OH 44140 OEM 23206 18 9 ANNABLE, PHYLLIS L 31103 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 22794 18 10 KETfERER,MARYC 31204 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 22630 18 11 KET7ERER,JEFFREY T 31204 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 732122 18 12 HARRIS, SANDRA L 31224 NANTUCKET ROW BAY VILLAGE, OH 44140 1604119 18 13 FINLEY, DAWNA M 31223 NANTUCKET ROW BAY VILLAGE, OH 44140 OEM 612962 18 14 WILK JR. WILLIAM J 31229 NANTUCKET ROW BAY VILLAGE, OH 44140 DEM 23310 18 15 BIESTERFELDT, EVELYN M 31029 NANTUCKET ROW BAY VILLAGE, OH 44140 DEM 22814 18 16 RINI, CHARLES A 31017 NANTUCKET ROW BAY VILLAGE, OH 44140 NG 23184 18 17 CARSON,BARBARA W 31004 NANTUCKET ROW BAY VILLAGE, OH 44140 725596 18 18 SKULTETY, KEITH 31432 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 23221 18 19 SKULTETY,RAELYN H 31432 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 23222 18 20 CORRIGAN, PETER J 31005 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 22875 18 21 CORRIGAN, LILA L 31005 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 22874 18 22 RUSSELL, MATHEW H 260 PLYMOUTH DR BAY VILLAGE, OH 44140 REP 729820 18 23 RUSSELL,AMYA 260 PLYMOUTH DR BAY VILLAGE, OH 44140 1683336 18 24 TEUTSCH, WILLIAM H 31110 WALKER RD BAY VILLAGE, OH 44140 REP 23784 18 25 TEUTSCH, ELEANOR L 31110 WALKER RD BAY VILLAGE, OH 44140 REP 23783 19 1 BERRY SR, THOMAS E 289 BAYVIEW RD BAY VILLAGE, OH 44140 20623 19 2 BERRY JR, THOMAS E 289 BAYVIEW RD BAY VILLAGE, OH 44140 20624 19 3 JOYCE, BRIAN W 292 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 895537 19 4 JOYCE,KAREN B 292 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 990714 19 5 SCHLASS,LANA M 291 BAYVIEW RD BAY VILLAGE, OH 44140 2060816 19 6 HELDT,FRANK A 29608 OSBORN RD BAY VILLAGE, OH 44140 REP 19749 19 7 HELDT, MARJORIE F 29608 OSBORN RD BAY VILLAGE, OH 44140 REP 19750 19 8 VIANCOURT, RAYMOND T 309 BAYVIEW RD BAY VILLAGE, OH 44140 OEM 21016 19 9 ROHLKE, LEE A 312BAYVIEW RD BAY VILLAGE, OH 44140 674946 19 10 BARNETT,KIMBERLEY LYNN 625 COLUMBIA RD 2 BAY VILLAGE, OH 44140 1650813 19 11 MCCOMB, MARGUERfT E 320 BAYVIEW RD BAY VILLAGE, OH 44140 REP 20892 19 12 CASSIDY, FREDERICK T 30005 LAKE RD BAY VILLAGE, OH 44140 OEM 20658 19 13 CASSIDY, DONNA J 30005 LAKE RD BAY VILLAGE, OH 44140 DEM 20657 19 14 TOBER, DOUGLAS L 258 BAYVIEW RD BAY VILLAGE, OH 44140 REP 1602205 19 15 MCHUGH, JULIE A 284 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 2034328 19 16 MC HUGH,SEAN DESMOND 284 BAYVIEW RD BAY VILLAGE, OH 44140 NOPTY 2143440 19 17 (NR), NRA 0 19 18 LAMARCHE, PATRICIA J 308 BAYVIEW RD BAY VILLAGE, OH 44140 398162
Petition Signer Details Run Date : 813012007 CHARTER AMMENDMENT SEC 115 BAY VILLAGE SECTION# SIG.NONAME ADDRESS CITY / STATE 1 ZIP PARTY CHALLCHALLCODE VOTERID 19 19 LAMARCHE,JAMES C 308 BAYVIEW RD BAY VILLAGE, OH 44140 398331 19 20 STEARNS, BARBARA A 319 BAYVIEW RD BAY VILLAGE, OH 44140 REP 20883 19 21 STEARNS, RICHARD P 319 BAWIEW RD BAY VILLAGE, OH 44140 REP 1050201 19 22 LAVOIE, FRANCIS J 31400 NARRAGANSETTLN BAY VILLAGE, OH 44140 23057 19 23 ROHLKE,LEANNE E 312 BAWIEW RD BAY VILLAGE, OH 44140 674945 19 24 PENTON, NANCY 0 26708 NORMANDY RD BAY VILLAGE, OH 44140 REP 17370 19 25 PENTON,STEVEN R 26708 NORMANDY RD BAY VILLAGE, OH 44140 REP 17371 2 1 PETERSON,JOHN D 29125 FOOTE RD BAY VILLAGE, OH 44140 REP 20423 2 2 PETERSON, VIRGINIA L 29125 FOOTE RD RAY VILLAGE, OH 44140 REP 20426 2 3 PETERSON, CHRISTINE A 29400 GOULDERS GRN BAY VILLAGE, OH 44140 DEM 17876 2 4 JONES-VERDIER, JANET M 31308 FAIRWIN DR BAY VILLAGE, OH 44140 DEM 24062 2 5 PRICE, SALLY I 455 KENILWORTH RD BAY VILLAGE, OH 44140 DEM 15973 2 6 PHILLIPS III, THOMAS S 29101 EDGEWOOD RD BAY VILLAGE, OH 44140 18737 2 7 EAKIN, JUDSON P 440 BRADLEY RD BAY VILLAGE, OH 44140 2050856 2 8 EAKIN, ERIC J 440 BRADLEY RD BAY VILLAGE, OH 44140 DEM 23445 2 9 EAKIN, CYNTHIA A 440 BRADLEY RD BAY VILLAGE, OH 44140 DEM 23444 2 10 VIANCOURT, RITA A 309 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 21017 2 11 MISHAGA, ANN 309 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 1611051 2 12 RIESS, JOHN A 304 BAYVIEW RD BAY VILLAGE, OH 44140 15228 2 13 ADAMS, MICHAEL S 26735 JEFFERSON CT BAY VILLAGE, OH 44140 NOPTY 2230536 2 14 TAYLOR,MARKL 300 BAYVIEW RD BAY VILLAGE, OH 44140 REP 1999471 2 15 WHITMER, ALLAN D 305 BAYVIEW RD BAY VILLAGE, OH 44140 21037 2 16 LENNON, ELIZABETH A 324 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 1767589 2 17 LENNON,DONALD P 324 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 20851 2 18 LENNON, JENNIFER M 324 BAYVIEW RD BAY VILLAGE, OH 44140 NOPTY 2209531 2 19 SCHABITZER, MACKLIN W 29924 WINSOR DR BAY VILLAGE, OH 44140 20963 2 20 SCHABITZER, CONSTANCE E 29924 WINSOR DR BAY VILLAGE, OH 44140 DEM 20962 2 21 MCGUIRE, MARJORIE A 30006 WINSOR DR BAY VILLAGE, OH 44140 REP 1046432 2 22 RAY, BRIAN E 345 BAYVIEW RD BAY VILLAGE, OH 44140 2046679 2 23 (NR), NG 0 2 24 ALLAN, MARY K 351 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 436387 2 25 PIERCE, JANET G 325 BAYVIEW RD BAY VILLAGE, OH 44140 REP 894559 20 1 FUCHS,STEVEN M 562 HUMISTON DR BAY VILLAGE, OH 44140 REP 857543 20 2 SOBCZAK, KATHLEEN J 26715 RUSSELL RD BAY VILLAGE, OH 44140 DEM 16514 20 3 BARKER,MARYJ 26526 MIDLAND RD BAY VILLAGE, OH 44140 16602 20 4 (C) SCAZAVELLI, CHARLES L 30918 NAN'fUCKET ROW BAY VILLAGE, OH 44140 1021150 20 5 VOGEL, ARLINE A 30901 NANTUCKET ROW BAY VILLAGE, OH 44140 DEM 23277 20 6 TONEGATO, KELLY C 25035 LAKE RD BAY VILLAGE, OH 44140 DEM 529118 20 7 BRAGG, GLORIA A 31302 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 22828 20 8 (C) SCAZAVELLI, CHARLES L 30918 NANTUCKET ROW BAY VILLAGE, OH 44140 DUP 1021150 20 9 KEEFE, CYNTHIA L 486 PARKSIDE DR BAY VILLAGE, OH 44140 1001102 20 10 (NR), NRA 0 w
Petition Signer Details Run Date : 8/3012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE aw 20 11 MILLS, ELIZABETH R 28108 KNICKERBOCKER RD BAY VILLAGE, OH 44140 DEM 862791 20 12 KINKELAAR, LAURI J 545 MARVIS DR BAY VILLAGE, OH 44140 DEM 18231 20 13 PETTY,GRETCHEN A 493 PARKSIDE DR BAY VILLAGE, OH 44140 14766 20 14 HASS, CHRISTOPHER A 24209 RUSSELL RD BAY VILLAGE, OH 44140 13056 20 15 MILLER, NANCY B 31101 NARRAGANSETT LN BAY VILLAGE, OH 44140 1040957 20 16 MILLER II, VERNON R 31101 NARRAGANSETT LN BAY VILLAGE, OH 44140 1040958 20 17 ROEHL,SUE F 31429 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 23190 20 18 ROEHL,CHARLES T 31429 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 23187 20 19 (NR), NRA 0 20 20 FIRESTONE,SCOTT W 582 HUNTMERE DR BAY VILLAGE, OH 44140 DEM 14540 20 21 KILBANE, KEVIN J 520 PARKSIDE DR BAY VILLAGE, OH 44140 512925 20 22 ADAMS, CATHERINE C 460 DOVER CENTER RD BAY VILLAGE, OH 44140 NOPTY 2158045 20 23 MASSAD, MARGO B 518 CAHOON RD BAY VILLAGE, OH 44140 857066 20 24 (NR), ILL 0 20 25 ZERBE,SUSAN K 551 BRADLEY RD BAY VILLAGE, OH 44140 24943 21 1 0 HARE, BETH ANN 27918 REXFORD RD BAY VILLAGE, OH 44140 DEM 605733 21 2 LARSON, KARIN S 29657 LINCOLN RD BAY VILLAGE, OH 44140 1621015 21 3 POLAK, MARTIN 29657 LINCOLN RD BAY VILLAGE, OH 44140 1958108 21 4 RICE. MICHELE D 30923 HUNTINGTON WOODS PKY BAY VILLAGE, OH 44140 NOPTY 2246685 21 5 GUNDLACH, JACQUALINE S 31030 HUNTINGTON WO6DS PKY BAY VILLAGE, OH 44140 24437 21 6 DUPREY, CHRISTOPHER J 565 HUMISTON DR BAY VILLAGE, OH 44140 NOPTY 2139403 21 7 FUCHS, LORI J 562 HUMISTON DR BAY VILLAGE, OH 44140 1032274 21 8 KOLENICH, JEFFREY J 23001 LAKE RD BAY VILLAGE, OH 44140 712420 21 9 NOSAN, ANTHONY L 480 HUMISTON DR BAY VILLAGE, OH 44140 NOPTY 2206595 21 10 STINARD, CRAIG A 506 HUMISTON DR BAY VILLAGE, OH 44140 1812019 21 11 MEANEY, SEAN F 530 HUMISTON DR BAY VILLAGE, OH 44140 DEM 12224 21 12 BALAZS, KENNETH D 536 HUMISTON DR BAY VILLAGE, OH 44140 DEM 536157 21 13 CHARVAT,STAR 542 HUMISTON DR BAY VILLAGE, OH 44140 12067 21 14 FOERSTNER,CRAIG S 550 HUMISTON DR BAY VILLAGE, OH 44140 879318 21 15 FOERSTNER, CHERYL A 550 HUMISTON DR BAY VILLAGE, OH 44140 1752726 16 NORRIS, DOUGLAS A 510 HUMISTON DR BAY VILLAGE, OH 44140 21 21 17 NORRIS, JONI H 510 HUMISTON DR BAY VILLAGE, OH 44140 21 18 SAXTON,JODYI 603 HUMISTON DR BAY VILLAGE, OH 44140 REP 549149 21 19 RYBAR, ALICE J 625 HUMISTON DR BAY VILLAGE, OH 44140 DEM 12271 21 20 WALSH,MARY G 604 HUMISTON DR BAY VILLAGE, OH 44140 123490 21 21 NYERGES JR, THEODORE J 580 HUMISTON DR BAY VILLAGE, OH 44140 REP 12248 21 22 MEANEY,RACHELA 530 HUMISTON DR BAY VILLAGE, OH 44140 12223 21 23 FURST, ERIC C 527 HUMISTON DR BAY VILLAGE, OH 44140 518430 21 24 FURST,BARBARA C 527 HUMISTON DR BAY VILLAGE, OH 44140 512817 21 25 HASENFLUE, GLENOLA 516 HUMISTON DR SAY VILLAGE, OH 44140 REP 12141 22 1 LEMPKE,ROBERT 31107 ROXBURY PARK DR BAY VILLAGE, OH 44140 DEM 1894343 22 2 ARTH,THOMASE 368 LAKE PARK DR BAY VILLAGE, OH 44140 1796823 12245 12246
Petition Signer Details Run Date : 8/30/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE ftf SECTiON # SIG NO NAME ADDRESS CITY! STATE / ZIP PARTY CHALL C HALLCODE. ^. VOTER ID. 22 3 CAMPBELL, THOMAS F 28131 LINCOLN RD BAY VILLAGE, OH 44140 19252 22 4 ALTIERI, LUKE R 28204 W OVIATT RD BAY VILLAGE, OH 44140 19215 22 5 ALTIERI, KERI L 28204 W OVIATi RD BAY VILLAGE, OH 44140 19214 22 6 TRACI, GAIL E 416 BRADLEY RD BAY VILLAGE, OH 44140 886422 22 7 MCGRANAHAN, JOHN S 634 REVERE DR BAY VILLAGE, OH 44140 DEM NRA 19421 22 8 MCGRANAHAN,RUBY 634 REVERE DR BAY VILLAGE, OH 44140 NRA 19422 22 9 ROUBAL, THOMAS A 29248 COWLES DR BAY VILLAGE, OH 44140 REP 20467 22 10 MCCARTHY, WILLIAM P 28014 LINCOLN RD BAY VILLAGE, OH 44140 1651340 22 11 SHEPARD, MARK A 576 WELSHIRE DR BAY VILLAGE, OH 44140 21456 22 12 SHEPARD, PAMELA A 576 WELSHIRE DR BAY VILLAGE, OH 44140 21457 22 13 SNYDER, JUDITH L 29433 W OAKLAND RD BAY VILLAGE, OH 44140 14836 22 14 DORSEY, PATRICK T 511 WILDBROOKDR BAY VILLAGE, OH 44140 890820 22 15 NOTARBERARDINO, MARK G 30628 WILLOWAY LN BAY VILLAGE, OH 44140 REP 1728308 22 16 WOOS, MICHAEL T 31637 LAKE RD BAY VILLAGE, OH 44140 DEM 24660 22 17 SNYDER, CURTIS J 29433 W OAKLAND RD BAY VILLAGE, OH 44140 14835 22 18 MILLIGAN, JENNIFER A 28809 W OAKLAND RD BAY VILLAGE, OH 44140 1627415 22 19 MILLIGAN, RICHARD S 28809 W OAKLAND RD BAY VILLAGE, OH 44140 966578 22 20 GRISNIK, STANLEY P 30210 MEADOW LANE DR BAY VILLAGE, OH 44140 894659 22 21 GRISNIK, AGNES 30210 MEADOW LANE DR BAY VILLAGE, OH 44140 945891 22 22 Ml1TCH. JILL M 31416 MANCHESTER LN BAY VILLAGE, OH 44140 831583 22 23 HIGGINS. JEAN M 27863 ABERDEEN RD BAY VILLAGE, OH 44140 REP 18187 22 24 DIDONNA, KELLY MARIE 27906 LINCOLN RD BAY VILLAGE, OH 44140 1955168 22 25 HANNA,ROBERTA 564 WOODLANE DR BAY VILLAGE, OH 44140 REP NRA 1023234 22 26 (NR), NRA 0 22 27 DEYONG, DENNIS H 561 MARVIS DR BAY VILLAGE, OH 44140 992185 23 1 DOTSON,SONYA A 625 WESLEY DR BEREA, OH 44017 DEM WD 50765 23 2 STERLE, KIMBERLEE M 457 BASSETT RD BAY VILLAGE, OH 44140 DEM 1769284 23 3 BREITENBACH, LINDA D 572 SANDALWOOD DR BAY VILLAGE, OH 44140 12043 23 4 BREITENBACH, DAVID J 572 SANDALWOOD DR BAY VILLAGE, OH 44140 12042 23 5 MULL, ERIC P 30600 WOLF RD BAY VILLAGE, OH 44140 1047109 23 6 ACKLIN, KATHLEEN A 425 BRADLEY RD BAY VILLAGE, OH 44140 22364 23 7 ACKLIN, ROBERT G 425 BRADLEY RD BAY VILLAGE, OH 44140 DEM 22365 23 8 WALBORN,BEVERLYJ 25700 WOLF RD BAY VILLAGE, OH 44140 REP 14379 23 9 WALBORN, JAMES F 25700 WOLF RD BAY VILLAGE, OH 44140 REP 14380 23 10 GREENE, DENISE M 330 HUNTMERE DR BAY VILLAGE, OH 44140 DEM 14110 23 11 (NR), ILL 0 23 12 (NR), NR 0 23 13 BLACK,JOHN A 30675 CAMBRIDGE DR BAY VILLAGE, Oli 44140 DEM 17092 23 14 BLACK,NANCY S 30675 CAMBRIDGE DR BAY VILLAGE, OH 44140 DEM 23 15 CRAIG, BARBARA F 332 KENMORE DR BAY VILLAGE, OH 44140 DEM 23 16 (NR), ILL 0 23 17 STACEY, NICOLE NOEL 210 BRADLEY RD BAY VILLAGE, OH 44140 NOPTY 2253341 17094 21612
Petition Signer Details Run Date : 8/30/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE MW 23 23 18 19 STACEY,LEE M MILLER, CLEDITH L 210 BRADLEY RD 28003 WOLF RD BAY VILLAGE, OH 44140 BAY VILLAGE, OH 44140 NOPTY REP 2186374 1929611 23 20 MILLER, BECKY S 28003 WOLF RD BAY VILLAGE, OH 44140 1929609 23 21 SARTSCHEV, JULIE B 31407 DRAKE DR BAY VILLAGE, OH 44140 NOPTY 2148548 23 22 SYLVESTER,LAURA D 405 WALMAR DR BAY VILLAGE, OH 44140 DUP 385988 23 23 (NR), NR 0 23 24 ALLINGTON, MARY L 27869 OSBORN RD BAY VILLAGE, OH 44140 DEM 15335 23 25 ALLINGTON, ROBERT D 27869 OSBORN RD BAY VILLAGE, OH 44140 DEM 15336 23 26 ENDERS, GAIL R 28925 LAKE RD BAY VILLAGE, OH 44140 1941923 24 1 BEREI, CHRISTOPHER M 26723 HENRY RD BAY VILLAGE, OH 44140 DEM 1044659 24 2 ANDERSON, DANIEL J 470 JUNEWAY DR BAY VILLAGE, OH 44140 REP 358934 24 3 JACOB-MOSIER, GAYATRY 617 ELMWOOD RD BAY VILLAGE, OH 44140 1691475 24 4 STIFFLER. MARY A 611 DEBBINGTON DR BAY VILLAGE, OH 44140 21484 24 5 DAILEY, MATTHEW A 548 JUNEWAY DR BAY VILLAGE, OH 44140 REP 1640939 24 6 MCPHILLIPS, JAMES C 27125 BRUCE RD BAY VILLAGE, OH 44140 REP 18296 24 7 HULL, JOHN C 28309 LINCOLN RD BAY VILLAGE, OH 44140 12584 24 8 DAVENPORT, JENNIFER A 361 LONGBEACH PKY BAY VILLAGE, OH 44140 1746264 24 9 (NR), NR 0 24 10 HULL, MARY JANE P 28309 LINCOLN RD BAY VILLAGE, OH 44140 527836 24 11 DAVENPORT, DAVID SEAN 361 LONGBEACH PKY BAY VILLAGE, OH 44140 925638 24 12 ALLEN, BETH P 30109 EDNIL DR BAY VILLAGE, OH 44140 REP 1628250 24 13 ALLEN, JAMES R 30109 EDNIL DR BAY VILLAGE, OH 44140 1742348 24 14 WILLIAMSON, CAROL LOUISE 30529 EDNIL DR BAY VILLAGE, OH 44140 DEM 1677648 24 15 (P) JENNINGS, JASON HEATH 410 PARKSIDE DR BAY VILLAGE, OH 44140 NOPTY 2236491 24 16 (P) BEALL, KAREN S 30965 CLINTON DR BAY VILLAGE, OH 44140 NOPTY 2182968 24 17 KLEIN, DAVID B 30009 WOLF RD BAY VILLAGE, OH 44140 DEM 356788 24 18 MACASKILL, MARILEE J 577 DEBBINGTON DR BAY VILLAGE, OH 44140 536673 24 19 MACASKILL, DAVID T 577 DEBBINGTON DR BAY VILLAGE, OH 44140 975771 24 20 ORR,THOMAS M 29210 BUCHANAN DR BAY VILLAGE, OH 44140 REP 512551 24 21 HASTINGS, JAMES W 28405 W OAKLAND RD BAY VILLAGE, OH 44140 18634 24 22 CLARY,JANET M 181 PLYMOUTH DR BAY VILLAGE, OH 44140 REP NA 23400 24 23 GRUBER,MAXWELLJ 30614 MANHASSET DR BAY VILLAGE, OH 44140 DEM 864403 24 24 (NR), NR 0 24 25 STERLE,GEORGE H 457 BASSETT RD BAY VILLAGE, OH 44140 DEM 734089 25 1 MORRILL, CHRISTY L 534 ELMWOOD RD BAY VILLAGE, OH 44140 1833387 25 2 RAYBURN,KATHRYNT 815 OAKMOOR RD BAY VILLAGE, OH 44140 NOPTY 2220119 25 3 (NR), NR 0 25 4 SHEEHAN, WILLIAM M 29116 WESTWOOD RD BAY VILLAGE, OH 44140 1904680 25 5 ANTON,JULIANNA 456 PELLETi DR BAY VILLAGE, OH 44140 NOPTY 2099352 25 6 BROWN, JILL F 28814 W OAKLAND RD BAY VILLAGE, OH 44140 DEM 18539 25 7 JOHNSON,SHARON C 26915 NORMANDY RD BAY VILLAGE, OH 44140 1968850 25 8 JOHNSON, SHELLY L 561 BAYFAIR DR BAY VILLAGE, OH 44140 REP 986284
Petition Signer Details Run Date : 8130/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE lw SECTION # SIG NO NAME ADDRESS CITYlSTATElZIP PARTY CHALL..eCHALL CODE -:VOTERID, 25 9 (NR), NR 0 25 10 MARQUEZ, JENNIFER K 28116 KNICKERBOCKER RD BAY VILLAGE, OH 44140 REP 1779030 25 11 LAMB, LAINA L 604 REVERE DR BAY VILLAGE, OH 44140 NOPTY 2207827 25 12 NORTZ, PATRICK E 601 MILLARD DR BAY VILLAGE, OH 44140 DEM 1936593 25 13 BENIARD, LISA A 603 OAKMOOR RD BAY VILLAGE, OH 44140 523722 25 14 TOTH, DAVID A 601 DWIGHT DR BAY VILLAGE, OH 44140 NG 686199 25 15 (NR) NR 0 25 16 (NR) NR 0 25 17 MARQUEZ,LEONARDJ 28116 KNICKERBOCKER RD BAY VILLAGE, OH 44140 REP 1779028 25 18 (NR) NR 0 25 19 (NR) NR 0 25 20 JOHNSON, JAMES A 561 BAYFAIR DR BAY VILLAGE, OH 44140 DEM 925515 25 21 TEPPER, BRUCE L 27825 KNICKERBOCKER RD BAY VILLAGE, OH 44140 DEM 372047 25 22 SULLIVAN, KATHRYN K 27104 MIDLAND RD BAY VILLAGE, OH 44140 NOPTY 2211843 26 1 HANSON,DOLORES G 31319 FAIRWIN DR BAY VILLAGE, OH 44140 REP 24025 26 2 HANSON, MELANIE A 31319 FAIRWIN DR BAY VILLAGE, OH 44140 REP 1966558 26 3 WOLPERT, JEAN R 312 PLYMOUTH DR BAY VILLAGE, OH 44140 DEM 23832 26 4 MANZO,BERNADETTE G 24828 LAKE RD BAY VILLAGE, OH 44140 13707 26 5 CLEMENTE, BARBARA A 598 REVERE DR BAY VILLAGE, OH 44140 DEM 19264 26 6 LIESKE, JOHN C 29211 LINCOLN RD BAY VILLAGE, OH 44140 REP 2187592 26 7 LIESKE, JOEL A 29211 LINCOLN RD BAY VILLAGE, OH 44140 REP 21326 27 27 1 2 STANG, RANDY N KERVER,DEBRA L 31115 WOLF RD 28013 OSBORN RD BAY VILLAGE, OH 44140 BAY VILLAGE, OH 44140 REP 14355 15476 27 3 NASMAN,COLLEEN M 23928 KNICKERBOCKER!RD BAY VILLAGE, OH 44140 DEM 812081 27 4 NASMAN, MATTHEW W 23928 KNICKERBOCKER!RD BAY VILLAGE, OH 44140 OEM 1600818 27 5 FLOWERS, NANCY K 29617 WOLF RD BAY VILLAGE, OH 44140 20151 27 6 WINZIG,KATHLEEN 0 31183 ROBERTA DR BAY VILLAGE, OH 44140 REP 22346 27 7 FLOWERS, JOHN D 29617 WOLF RD BAY VILLAGE, OH 44140 DUP 1594548 27 8 WINZIG, SCOTT C 31183 ROBERTA DR BAY VILLAGE, OH 44140 NOPTY 2168106 27 9 RUDDEN, BIRGIT M 31401 CARLTON DR BAY VILLAGE, OH 44140 REP 1866448 27 10 RUDDEN,DONALD 31401 CARLTON DR BAY VILLAGE, OH 44140 1866446 27 11 WARD, CHRISTINE L 28602 W OVIATT RD BAY VILLAGE, OH 44140 1668678 27 12 WOODBURN,GRETCHEN B 29214 OSBORN RD BAY VILLAGE, OH 44140 19999 27 13 WOODBURN, BETH S 29214 OSBORN RD BAY VILLAGE, OH 44140 REP 19997 27 14 PAINTER, PATRICK PAUL 578 BASSETT RD BAY VILLAGE, OH 44140 NOPTY 2223946 27 15, SALUPPO, ILONA M 578 BASSETT RD BAY VILLAGE, OH 44140 19138 27 16 DEEMER, JULIE ANN 23917 KNICKERBOCKER RD BAY VILLAGE, OH 44140 1866998 27 17 MCNAMARA, BONNIE M 26823 RUSSELL RD BAY VILLAGE, OH 44140 DEM 17323 27 18 MCNAMARA, MICHAEL P 26823 RUSSELL RD BAY VILLAGE, OH 44140 DEM 17324 27 19 MCNAMARA JR, MICHAEL P 423 WALMAR DR BAY VILLAGE, OH 44140 1813609 27 20 KOLODGY,CHERYLL 27037 LAKE RD BAY VILLAGE, OH 44140 NG 925724 27 21 BILLOCK, LANEA M 322 HUNTMERE DR BAY VILLAGE, OH 44140 1715226
Petition Signer Details Run Date : 813012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE. SECTION # SIG NO^' NAME ADDRESS CITY I STATE I ZIP ^. PARTV CHALL.;. CHALLCODE. VOTERID._ 27 22 MACK, LISA A 24701 LAKE RD BAY VILLAGE, OH 44140 2065526 27 23 MACK, JONATHANJ 24701 LAKE RD BAY VILLAGE, OH 44140 1885383 27 24 PETRYK,ANDREW K 31183 HUNTINGTON WOODS PKY BAY VILLAGE, OH 44140 605157 27 25 WEISS, KATHLEEN GOLDEN 31001 HUNTINGTON WOODS PKY BAY VILLAGE, OH 44140 DEM 1055288 28 1 HALL, NANCY J 355 PINEWOOD DR BAY VILLAGE, OH 44140 REP 20193 28 2 NARDI, NICHOLAS A 26723 BRUCE RD BAY VILLAGE, OH 44140 REP 16403 28 3 CROSSLAND, MARGARET J 456 OAKMOOR RD BAY VILLAGE, OH 44140 DEM 14502 28 4 CROSSLAND,VON W 456 OAKMOOR RD BAY VILLAGE, OH 44140 DEM 14504 28 5 SCHEUFLER, JANICE M 29215 OSBORN RD BAY VILLAGE, OH 44140 16952 28 6 SCHEUFLER, DAVID E 29215 OSBORN RD BAY VILLAGE, OH 44140 DEM 16951 28 7 MCGRATH, TIM K 29074 LINCOLN RD BAY VILLAGE, OH 44140 NOPTY 2230651 28 8 FIORELLA, MICHELLE M 27907 LINCOLN RD BAY VILLAGE, OH 44140 2001000 28 9 FORTIN, RIE S 29111 BUCHANAN DR BAY VILLAGE, OH 44140 DEM 1652895 28 10 MAUDE,CHERYLL 300 SADDLER RD BAY VILLAGE, OH 44140 DEM 470798 28 11 MCGRATH,SUSANNE W 29074 LINCOLN RD BAY VILLAGE, OH 44140 NOPTY 2186140 28 12 JOHNSON,JOANNE 412 FORESTVIEW RD BAY VILLAGE, OH 44140 REP 13637 28 13 VON DUHN,MARKJ 29503 LAKE RD BAY VILLAGE, OH 44140 16558 28 14 KEATING, PATRICE M 28523 WOLF RD BAY VILLAGE, OH 44140 REP 13100 28 15 HEILMAN, CAROL A 26607 WOLF RD BAY VILLAGE, OH 44140 17240 28 16 ADLER, ELIZABETH R 29223 COWLES DR BAY VILLAGE, OH 44140 REP 21064 28 17 ( NR), BLAN K 0 28 18 LEUSCH,ROBERTJ 28924 LAKE RD BAY VILLAGE, OH 44140 359225 28 19 MILETI, MICHEAL S 449 ELMWOOD RD BAY VILLAGE, OH 44140 NOPTY 2111971 28 20 RUNGE,DOROTHYJ 27100 KNICKERBOCKER:RD 214 BAY VILLAGE, OH 44140 NOPTY NRA 2092344 28 21 JESTY, DOROTHY L 27100 KNICKERBOCKERRD 819 BAY VILLAGE, OH 44140 REP 852828 28 22 FRANK, RITA 27100 KNICKERBOCKER RD 823 BAY VILLAGE, OH 44140 DEM 1700113 28 23 HEARN,BETTYS 27100 KNICKERBOCKER RD 319 BAY VILLAGE, OH 44140 13060 28 24 HOLLENBACH, HAZEL L 27100 KNICKERBOCKER RD BAY VILLAGE, OH 44140 DEM 17716 28 25 CIJTHBERT,CLARA 27100 KNICKERBOCKER RD 816 BAY VILLAGE, OH 44140 REP 2007804 28 26 CUTBERT SR, THOMAS R 27100 KNICKERBOCKER RD 816 BAY VILLAGE, OH 44140 REP 2007809 29 1 (NR), BLANK 0 29 2 SACCANY, DAVID J 28203 W OAKLAND RD BAY VILLAGE, OH 44140 18762 29 3 SACCANY,SCOTTD 29621 WOLF RD BAY VILLAGE, OH 44140 1966466 29 4 KYLE, WILLIAM P 29629 WOLF RD BAY VILLAGE, OH 44140 DEM 920353 29 5 KYLE,NOREEN M 29629 WOLF RD BAY VILLAGE, OH 44140 REP 917922 29 6 SUMMERS, JAMES W 29751 WOLF RD BAY VILLAGE, OH 44140 20538 29 7 JEWETT,MARYELLEN 29700 WOLF RD SAY VILLAGE, OH 44140 DEM 20266 29 8 CROOK, WILMA R 29626 WOLF RD BAY VILLAGE, OH 44140 REP 20098 29 9 ZWEIFEL, EVELYN J 29600 WOLF RD BAY VILLAGE, OH 44140 REP 673958 29 10 TEPAS,JOHN A 29601 WOLF RD BAY VILLAGE, OH 44140 20548 29 11 TEPAS, PATRICIA 0 29601 WOLF RD BAY VILLAGE, OH 44140 REP 20551 29 12 BAKER, JAMES D 28334 W OAKLAND RD BAY VILLAGE, OH 44140 DEM 18508
Petition Signer Details Run Date : 8130/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE mv 29 13 BAKER,KAREN M 28334 W OAKLAND RD BAY VILLAGE, OH 44140 REP 18510 29 14 VONDRUSKA,DONALDJ 29318 OSBORN RD BAY VILLAGE, OH 44140 DEM 19981 29 15 VONDRUSKA,ANN M 29318 OSBORN RD BAY VILLAGE, OH 44140 DEM 19980 29 16 WAGNER,MARKT 29401 OSBORN RD BAY VILLAGE, OH 44140 1603994 29 17 EATON,THOMAS R 29409 OSBORN RD BAY VILLAGE, OH 44140 REP 19682 29 18 ESSI, MARKS 26738 JEFFERSON CT BAY VILLAGE, OH 44140 13019 29 19 ODONOGHUE,CAROLYN B 27008 WOLF RD BAY VILLAGE, OH 44140 17363 29 20 JEW ETT, JAMES 0 29700 WOLF RD BAY VILLAGE, OH 44140 DEM 20265 29 21 (NR), ILL 0 29 22 MANTEY, PHILIP M 29807 WOLF RD BAY VILLAGE, OH 44140 20326 29 23 CULLEN, LINDA E 538 BASSETT RD BAY VILLAGE, OH 44140 1745576 3 1 LEYEN, ELIZABETH A 26523 NORMANDY RD BAY VILLAGE, OH 44140 1678546 3 2 CARIGLIO, TERRENCE L 31447 LAKE RD BAY VILLAGE, OH 44140 DEM 1045186 3 3 BARTOLOTTA, ROBIN M 31447 LAKE RD BAY VILLAGE, OH 44140 DEM 24323 3 4 BARTOLOTTA, DORA M 31436 LAKE RD BAY VILLAGE, OH 44140 24322 3 5 SCHREIBMAN, LAWRENCE S 26527 NORMANDY RD BAY VILLAGE, OH 44140 DEM 16957 3 6 WISHNER, DORIS C 399 OAK CLIFF DR BAY VILLAGE, OH 44140 REP 314762 3 7 BENZLE, ERIC B 29005 WAYSIDE LN BAY VILLAGE, OH 44140 18521 3 8 DILLON, BRENDA L 24209 LAKE RD BAY VILLAGE, OH 44140 DEM 1898785 3 9 KOEHLER, VALERIE L 24307 BRUCE RD BAY VILLAGE, OH 44140 999009 3 10 VICKROY, THOMAS BEAU 318 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 603458 3 11 VICKROY, STACY SUZANNE 318 BAYVIEW RD BAY VILLAGE, OH 44140 OEM 641441 3 12 WILLIAMSON, WILL F 331 BAYVIEW RD BAY VILLAGE, OH 44140 NOPTY 2170235 3 13 LLOYD, ADRIENNE K 331 BAYVIEW RD BAY VILLAGE, OH 44140 DEM 2169229 3 14 KEANE,THOMAS W 342 BAYVIEW RD BAY VILLAGE, OH 44140 REP 736377 3 15 (NR), NR 0 3 16 KEANE, KIMBERLY A 342 BAYVIEW RD BAY VILLAGE, OH 44140 855175 3 17 (NR), NR 0 3 18 GLASMIRE,JOHN R 600 CANTERBURY RD BAY VILLAGE, OH 44140 16722 3 19 GLASMIRE, RUTH M 600 CANTERBURY RD BAY VILLAGE, OH 44140 16723 3 20 KAUKER,JANET E 232 PLYMOUTH DR BAY VILLAGE, OH 44140 894307 3 21 KAUKER,THOMAS A 232 PLYMOUTH DR BAY VILLAGE, OH 44140 19021 30 1 RADISEK, BETH A 29611 WOLF RD BAY VILLAGE, OH 44140 738942 30 2 STALMAN, LEONORA T 29517 WOLF RD BAY VILLAGE, OH 44140 NOPTY 2155563 30 3 STALMAN,ALFRED 29517 WOLF RD BAY VILLAGE, OH 44140 20517 30 4 (NR), ILL 0 30 5 RAMI, CAROLINE J 29215 WOLF RD BAY VILLAGE, OH 44140 641102 30 6 MCNALLY, JOHN D 29308 WOLF RD BAY VILLAGE, OH 44140 519543 30 7 MCNALLY, BRIAN JOHN 29308 WOLF RD BAY VILLAGE, OH 44140 NOPTY 2214087 30 8 CLEARY, MARC F 29410 WOLF RD BAY VILLAGE, OH 44140 1990707 30 9 (NR), ILL 0 30 10 CHAMBERS,CHERYLJ 29500 WOLF RD BAY VILLAGE, OH 44140 REP 20077
Petition Signer Details Run Date ; 8/30/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE ^. SECTION # SIG NO. ^ NAME ADDRESS CITY f STATE / ZIP PARTY CHALL CHALL CODE.;(VOTER ID 30 11 ELLIS, MICHELLE L 29516 WOLF RD BAY VILLAGE, OH 44140 DEM DUP 1972296 30 12 ERNST, CATHERINE M 29522 WOLF RD BAY VILLAGE, OH 44140 20138 30 13 ARNOLD, WILLIAM G 29807 W OAKLAND RD BAY VILLAGE, OH 44140 REP 18046 30 14 ARMADA, PHILIP C 507 BASSETT RD BAY VILLAGE, OH 44140 REP 19603 30 15 HAMILTON;MARGARET 0 29801 W OAKLAND RD BAY VILLAGE, OH 44140 REP 20194 30 16 HILLE, LINNEA T 29428 W OAKLAND RD BAY VILLAGE, OH 44140 470665 30 17 ALLEN,JOHN L 29507 W OAKLAND RD BAY VILLAGE, OH 44140 DEM 20007 30 18 LANNING, COLLEEN 29511 W OAKLAND RD BAY VILLAGE, OH 44140 DEM 20299 30 19 LANNING, ROBERT A 29511 W OAKLAND RD BAY VILLAGE, OH 44140 DEM 20300 30 20 SPREMULLI, KAREN L 29603 W OAKLAND RD BAY VILLAGE, OH 44140 20516 30 21 ELLIOTT,JEFFREY D 29614 W OAKLAND RD BAY VILLAGE, OH 44140 1739992 30 22 ELLIOTT, BETH E 29614 W OAKLAND RD BAY VILLAGE, OH 44140 1938366 30 23 ROBISON, KEVIN S 29709 W OAKLAND RD BAY VILLAGE, OH 44140 20450 30 24 NOCK,ANN S 29501 WOLF RD BAY VILLAGE, OH 44140 DEM 1991515 30 25 RADISEK, ALBIN 29611 WOLF RD BAY VILLAGE, OH 44140 REP 738941 31 i SVANCARA, JILLA 29600 WOLF RD BAY VILLAGE, OH 44140 1809284 31 2 PETRAS JR, STEPHEN J 29622 WOLF RD BAY VILLAGE, OH 44140 REP 20427 31 3 OWAD, DAVID L 30603 MAPLE DR BAY VILLAGE, OH 44140 13231 31 4 SVANCARA, CLINTON E 29600 WOLF RD BAY VILLAGE, OH 44140 NOPTY 2167847 31 5 PERSANYI, STEPHANIE F 29528 WOLF RD BAY VILLAGE, OH 44140 884944 31 6 TOMCZAK,RONALD 29528 WOLF RD BAY VILLAGE, OH 44140 1815787 31 7 FULTON, JOHN E 29314 WOLF RD BAY VILLAGE, OH 44140 DEM 20154 31 8 KACZAY, SUSAN L 29320 WOLF RD BAY VILLAGE, OH 44140 DEM 15468 31 9 MORALES, MIGUEL E 29101 WOLF RD BAY VILLAGE, OH 44140 20376 31 10 CONROY, BETH E 29018 WOLF RD BAY VILLAGE, OH 44140 DEM 15640 31 11 ROOT, WILLIAM G 29201 WOLF RD BAY VILLAGE, OH 44140 DEM 20455 31 12 CONROY, DAVID E 29018 WOLF RD BAY VILLAGE, OH 44140 REP 403693 31 13 GEISE, RANDY R 29120 WOLF RD BAY VILLAGE, OH 44140 REP 1719620 31 14 PICCOLOMINI III, VINCENT JOSEPH 29014 WOLF RD BAY VILLAGE, OH 44140 REP 2077741 31 15 HEISLMAN, RICHARD C 29205 WOLF RD BAY VILLAGE, OH 44140 REP 885688 31 16 REDDY, ROBERTA 496 BRACKEN WAY BAY VILLAGE, OH 44140 NOPTY 2072722 31 17 ANDREWS, ROBERT L 24416 WOLF RD BAY VILLAGE, OH 44140 DEM 527601 31 18 HOLLEMAN,PETER B 28310 W OVIATT RD BAY VILLAGE, OH 44140 858179 31 19 OSBORNE,JONATHAN MACK 29240 INVERNESS DR BAY VILLAGE, OH 44140 NOPTY 2085396 31 20 VESELY, KEVIN C 29225 INVERNESS DR BAY VILLAGE, OH 44140 49638 31 21 TARANTO, NICK J 29118 OSBORN RD BAY VILLAGE, OH 44140 DEM 19959 31 22 GIRGASH, JOHN F 29122 OSBORN RD BAY VILLAGE, OH 44140 19721 31 23 MILLER, THOMAS F 28510 OSBORN RD BAY VILLAGE, OH 44140 1584986 31 24 MCFARLAND, BRIAN J 28008 OSBORN RD BAY VILLAGE, OH 44140 2022520 31 25 MC FARLAND, BRIDGITA 28008 OSBORN RD BAY VILLAGE, OH 44140 23650 32 1 AYLWARD, J DANIEL 26730 JEFFERSON CT BAY VILLAGE, OH 44140 17069 32 2 AYLWARD, ELIZABETH A 26730 JEFFERSON CT BAY VILLAGE, OH 44140 DEM 17068
Petition Signer Details Run Date : 813012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION # 51G NO NAME ADDRESS CITY! STATE I ZIP PARTY CHALL: ; CH ALLCODE,: VOTER ID 32 32 3 4 WYTZKA,JOANN WYTZKA,GEORGEP 62 EAGLE CLIFF DR 62 EAGLE CLIFF DR BAY VILLAGE, OH 44140 BAY VILLAGE, OH 44140 23319 23318 32 5 BURBACH, ADELINE B 26708 KNICKERBOCKER RD BAY VILLAGE, OH 44140 REP 17581 33 1 HODGE, NEIL 571 BASSETT RD BAY VILLAGE, OH 44140 945895 33 2 SHADLER, ROBERT J 30621 WEBSTER RD 8AY VILLAGE, OH 44140 REP 24608 33 3 STIFFEY, CHERYL A 26700 KNICKERBOCKER RD BAY VILLAGE, OH 44140 NOPTY 2188577 33 4 (NR), NR 0 33 5 MYERS, KRISTIN M 572 BASSETT RD BAY VILLAGE, OH 44140 NOPTY 2172047 33 6 ALBRIGHT, RYAN F 582 BASSETT RD BAY VILLAGE, OH 44140 1017275 33 7 MCCONNON,STEFANNIE F 594 BASSETT RD BAY VILLAGE, OH 44140 NOPTY 2236513 33 8 (NR), NR 0 33 9 ALBRIGHT, MEGAN K 582 BASSETT RD BAY VILLAGE, OH 44140 NOPTY 2129638 33 10 DATKO, DAVID A 606 BASSETT RD BAY VILLAGE, OH 44140 18917 33 11 DATKO, KAREN A 606 BASSETT RD BAY VILLAGE, OH 44140 18918 33 12 FANTER, KARLA R 597 BASSETT RD BAY VILLAGE, OH 44140 DEM 331998 33 13 GRUDZIEN, DIANE L 579 BASSETT RD BAY VILLAGE, OH 44140 OEM 390585 33 14 LANG, KENNETH A 585 BASSETT RD BAY VILLAGE, OH 44140 401264 33 15 LANG, ELLEN J 585 BASSETT RD 8AY VILLAGE, OH 44140 1770812 33 16 GRUDZIEN, KAREN A 593 BASSETT RD BAY VILLAGE, OH 44140 19724 33 17 GRUDZIEN SR, MICHAEL J 593 BASSETT RD BAY VILLAGE, OH 44140 517132 33 18 HODGE,SUSAN 571 BASSETT RD BAY VILLAGE, OH 44140 945896 33 19 (NR), NR 0 33 20 DORIN, LOREEN 311 FLORENCE CT BAY VILLAGE, OH 44140 REP 1991939 33 21 MATTSON,KAREN M 31211 BEXLEY DR BAY VILLAGE, OH 44140 REP 23600 33 22 DORVILLIERS, MEGAN H 336 WALMAR DR BAY VILLAGE, OH 44140 2010775 33 23 CAREY,SUE E 367 BAR HARBOR DR BAY VILLAGE, OH 44140 REP 23905 33 24 KARIM III, ARMIN J 379 WALMAR DR BAY VILLAGE, OH 44140 REP 16801 33 25 (NR), NR 0 34 1 SURDY.KAREN M 593 REVERE DR BAY VILLAGE, OH 44140 501611 34 2 SURDY, PATRICK M 593 REVERE DR BAY VILLAGE, OH 44140 1641763 34 3 KNAPP,AMY M 29510 GOULDERS GRN BAY VILLAGE, OH 44140 1704528 34 4 KNAPP,JOSEPH M 29510 GOULDERS GRN BAY VILLAGE, OH 44140 1704506 34 5 COOPER,THOMAS A 271 BREEZEWOOD DR BAY VILLAGE, OH 44140 DUP 1734602 34 6 ELLIS, MICHELLE L 29516 WOLF RD BAY VILLAGE, OH 44140 DEM 1972296 34 7 HARTMAN, KARRI MICHELLE 559 RED OAK LN BAY VILLAGE, OH 44140 1834392 34 8 ALLEN.SCOTTFRANCIS 26720 MIDLAND RD BAY VILLAGE, OH 44140 NOPTY 2095811 34 9 ALLEN, AMY L 26720 MIDLAND RD BAY VILLAGE, OH 44140 NOPTY 2141702 15583 34 10 SCHNEIDER JR, JOHN A 28031 WOLF RD BAY VILLAGE, OH 44140 34 11 FORDYCE,GRAYSONJ 24024 RUSSELL RD BAY VILLAGE, OH 44140 NOPTY 2232866 34 12 ABBOTT, MICHAEL T 477 JUNEWAY DR BAY VILLAGE, OH 44140 NOPTY 2232860 34 13 SYLVESTER,LAURA D 405 WALMAR DR BAY VILLAGE, OH 44140 385988 34 14 FORTUNATO, WENDY A 28935 NORTHFIELD RD BAY VILLAGE, OH 44140 REP 17410 `=,Data Information ManagementSystems, Inc. 1982-2007 R802.03 ^.r,.^ Page 14of22 ".
Petition Signer Details Run Date : 6130l2007 CHARTER AMMENDMENT SEC 13.5 SAY VILLAGE "V 34 15 CAMPBELL, CHRISTINE M 462 CLAGUE RD BAY VILLAGE, OH 44140 REP 12053 34 16 HORVATH,ANTHONYJ 25052 LAKE RD BAY VILLAGE, OH 44140 DEM 1994652 34 17 (NR) ILL 0 34 18 (NR) NR 0 34 19 KAUCHECK,CARLA M 357 WALMAR DR BAY VILLAGE, OH 44140 942461 34 20 BERGER, KIMBERLY L 26501 RUSSELL RD BAY VILLAGE, OH 44140 NOPTY 2231008 34 21 (NR), NR 0 34 22 BENIARD JR, WILLIAM RAY 603 OAKMOOR RD BAY VILLAGE, OH 44140 2047100 34 23 MCCLURE,KATHLEEN 0 29308 LINCOLN RD BAY VILLAGE. OH 44140 REP 855688 34 24 MYERS,JEFFS 379 APPLE BLOSSOM LN BAY VILLAGE, OH 44140 574416 34 25 MYERS,BARBARAA 379 APPLE BLOSSOM LN BAY VILLAGE, OH 44140 574415 35 1 KIESSLING, CHRISTINE S 198 PLYMOUTH DR BAY VILLAGE, OH 44140 REP 471097 35 2 TERRY,KATHLEEN ANN 619 CAHOON RD BAY VILLAGE, OH 44140 1806967 35 4 MADDEN III, THOMAS F 28008 KNICKERBOCKER RD BAY VILLAGE, OH 44140 DEM 19395 35 5 DORVILLIERS, DANIEL C 336 WALMAR DR BAY VILLAGE, OH 44140 NOPTY 2118973 35 6 (NR), NR 0 35 7 RUPPE, BRIAN J 28620 W OVIATT RD BAY VILLAGE, OH 44140 1816175 35 8 BRYANT, FREDERICK C 31139 LAKE RD BAY VILLAGE, OH 44140 NOPTY 1029500 35 9 SLATER JR, JAMES A 393 LONGBEACH PKY BAY VILLAGE, OH 44140 DEM 992858 35 10 SLATER,MEGAN 393 LONGBEACH PKY BAY VILLAGE, OH 44140 NOPTY 2108556 35 11 MCMAHON,MICHAELG 28616 LINCOLN RD BAY VILLAGE, OH 44140 NOPTY 2254218 35 12 MCMAHON, BRIAN C 28616 N LINCOLN RD BAY VILLAGE, OH 44140 2004341 35 13 ALLAN,SEAN P 246 BRADLEY RD BAY VILLAGE, OH 44140 DEM 392828 35 14 ALLAN, STEPHENIE W 246 BRADLEY RD BAY VILLAGE, OH 44140 DEM 1009473 35 15 JENNINGS, CATHERINE M 242 BRADLEY RD BAY VILLAGE, OH 44140 DEM 16946 35 16 (NR), NR 0 35 17 CHAKIRELIS, JACQUELINE J 249 BRADLEY RD BAY VILLAGE, OH 44140 DEM 680736 35 18 (NR), NR 0 35 19 NIUZZO, FRANK P 250 BRADLEY RD BAY VILLAGE, OH 44140 REP 23129 35 20 TEMPLE, DIAN 250 BRADLEY RD BAY VILLAGE, OH 44140 REP 23128 35 21 (NR), NR 0 35 22 ENGEL, CLARENCE E 29700 W OAKLAND RD BAY VILLAGE, OH 44140 REP DUP 23450 35 23 BEESON,BRADJ 30627 WINSTON DR BAY VILLAGE, OH 44140 DEM 1767053 35 24 SHIRY, ELIZABETH R 30627 WINSTON DR BAY VILLAGE, OH 44140 1758206 35 25 KORTH, CHRISTOPHER R 30603 WINSTON DR BAY VILLAGE, OH 44140 DEM 1772420 36 1 BAIRD-BRYANT, BARBARA J 31139 LAKE RD BAY VILLAGE, OH 44140 NOPTY 2085842 36 2 MCHENRY, WILLIAM J 27896 OSBORN RD BAY VILLAGE, OH 44140 652103 36 3 ALEKSANDROVIC, MARY KAY 28009 LINCOLN RD BAY VILLAGE, OH 44140 DEM 1049445 36 4 MCCARTHY,CHERYLL ORRACH 28311 OSBORN RD BAY VILLAGE, OH 44140 NOPTY 2216870 36 5 WHITE, VALERIE 28210 KNICKERBOCKER RD BAY VILLAGE, OH 44140 1975439 36 6 LUFKIN, KATHLEEN T 28019 W OVIATT RD BAY VILLAGE, OH 44140 18828 36 7 LUFKIN, DOUGLAS A 28019 W OVIATT RD BAY VILLAGE, OH 44140 858677
Petitian Signer Details Run Date : 813012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION # SIG NO NAME DDRESS ITYlSTATElZIP ARTY HALL'. CHALLCODE OTERID ^ 36 8 WAGNER, JULIE 0 28522 KNICKERBOCKER RD BAY VILLAGE, OH 44140 DEM 953157 36 9 THIES, MICHAEL W 552 DWIGHT DR BAY VILLAGE, OH 44140 REP 21493 36 10 BROWN, DEBORAH L 26733 E OVIATT RD BAY VILLAGE, OH 44140 DEM 17567 36 11 BLAKE, PATRICIA M 28914 LINCOLN RO BAY VILLAGE, OH 44140 1847453 37 SEDLAK, PATRICIA KENNEDY 31446 LAKE RD BAY VILLAGE, OH 44140 944653 37 2 MILLER, THOMAS F 28510 OSBORN RD BAY VILLAGE, OH 44140 DUP 1584986 37 3 (NR), NR 0 37 4 BONNETT. PAMELA L 448 ELMWOOD RD BAY VILLAGE, OH 44140 DEM 15679 37 5 LEE, TIMOTHY G 29427 W OAKLAND RD BAY VILLAGE, OH 44140 REP 1928071 37 6 FRANKO, GLENN K 28319 WOLF RD BAY VILLAGE, OH 44140 20721 37 7 MARBLE, DESIREE E 28319 WOLF RD BAY VILLAGE, OH 44140 1676291 37 8 ALEKSANDROVIC, ROBERT 28009 LINCOLN RD BAY VILLAGE, OH 44140 684352 37 9 MCCARTHY, DAVID M 28311 OSBORN RD BAY VILLAGE, OH 44140 1586209 37 10 BECK. MICHAEL A 28207 KNICKERBOCKER RD BAY VILLAGE, OH 44140 1007936 37 11 SMITH, MARILYN C 28530 W OVIATT RD BAY VILLAGE, OH 44140 REP 2183684 37 12 SMITH, P MICHAEL 28530 W OVIATT RD BAY VILLAGE, OH 44140 REP 12305 37 13 BECK,LAURELM 28207 KNICKERBOCKER RD BAY VILLAGE, OH 44140 DUP 1730608 37 14 (NR), ILL 0 37 15 KALATA,JOY L 28109 WOLF RD BAY VILLAGE, OH 44140 1023308 37 16 SPINELLI, CHARLES V 28020 W OAKLAND RD BAY VILLAGE, OH 44140 1765676 37 17 SPINELLI, LISA A 28020 W OAKLAND RD BAY VILLAGE, OH 44140 1765674 37 18 KALATA,JEFFREY R 28008 W OAKLAND RD BAY VILLAGE, OH 44140 REP 15469 37 19 ARONSON, RICHARD C 28002 W OAKLAND RD BAY VILLAGE, OH 44140 OEM 858018 37 20 ARONSON,SHERRY R 28002 W OAKLAND RD BAY VILLAGE, OH 44140 858017 38 CONNELL, ERIN B 301 CANTERBURY RD BAY VILLAGE, OH 44140 DEM 894990 38 2 STANTON,MARGARETA 348 CANTERBURY RD BAY VILLAGE, OH 44140 DEM 16523 38 3 STANTON,THOMAS F 348 CANTERBURY RD BAY VILLAGE, OH 44140 DEM 16524 38 4 BAKER,NEALA 514 CAHOON RD BAY VILLAGE, OH 44140 REP 979588 38 5 KAZANAS,SARAH 31230 ROBERTA DR BAY VILLAGE, OH 44140 REP 2183693 38 6 MARTIN, JOHN T 31345 KIMERLY DR BAY VILLAGE, OH 44140 DEM 1803547 38 7 WORTHINGTON, LINDA K 617 CANTERBURY RD BAY VILLAGE, OH 44140 DEM 400129 38 8 SLANE,STEVE 0 30611 ASHTON LN BAY VILLAGE, OH 44140 DEM 123516 38 9 DEMETER, CHRISTINE A 30611 ASHTON LN BAY VILLAGE, OH 44140 1844890 38 10 KRASOVIC, EDWARD R 630 BRADLEY RD BAY VILLAGE, OH 44140 NOPTY 2181364 38 11 KRASOVIC, LUCILLE A 630 BRADLEY RD BAY VILLAGE, OH 44140 NOPTY 2181366 39 HOUPT, CLAIRE M 26915 MIDLAND RD BAY VILLAGE, OH 44140 1873194 39 2 HOUPT,JOHN M 28915 MIDLAND RD BAY VILLAGE, OH 44140 2020394 39 3 GRANT, ALISON K 487 CANTERBURY RD BAY VILLAGE, OH 44140 DEM 902431 39 4 HICKEY, ELIZABETH A 580 DEBBINGTON DR BAY VILLAGE, OH 44140 DEM 19349 39 5 HOWARTH, CHRISTINA J 30508 MAPLE DR BAY VILLAGE, OH 44140 REP 1001437 39 6 HOWARTH, BRIAN R 30508 MAPLE DR BAY VILLAGE, OH 44140 1001421 39 7 STEPHENS, KATHLEEN BRENNAN 366 ELMWOOD RD BAY VILLAGE, OH 44140 REP 994691
Petition Signer Details Run Date : 813012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION# SIGNO NAME ADDRESS CITY / STATE / ZIP : PARTY CHALLCHALLCODE VOTER ID r 39 8 BLACKIE, JANE F 29121 OSBORN RD BAY VILLAGE, OH 44140 REP 18065 39 9 BLACKIE, EMILY JANE 29121 OSBORN RD BAY VILLAGE, OH 44140 1953788 39 10 BLACKIE III, WILLIAM E 29121 OSBORN RD BAY VILLAGE, OH 44140 REP 18066 39 11 SKULLY, JUDITH L 29200 OSBORN RD BAY VILLAGE, OH 44140 19945 39 12 SKULLY, ROBERT A 29200 OSBORN RD BAY VILLAGE, OH 44140 19946 39 13 (NR), NR 0 39 14 VINICA, ROBERT N 29003 NORT?iFIELD RD BAY VILLAGE, OH 44140 REP 20577 39 15 VINICA, IRMGARD B 29003 NORTHFIELD RD BAY VILLAGE, OH 44140 REP 20576 39 16 MCCONNELL, JUDY W 25825 LAKE RD BAY VILLAGE, OH 44140 14212 39 17 SCHMID, HELEN R 29916 WOLF RD BAY VILLAGE, OH 44140 DEM 19145 39 18 SCHMID, NORM E 29916 WOLF RD BAY VILLAGE, OH 44140 REP 1752307 39 19 (NR), NR 0 39 20 KOWAL, MATTHEW S 26901 E OVIATT RD BAY VILLAGE, OH 44140 NOPTY 2246929 39 21 DEANNA,ELENA G 601 YARMOUTH LN BAY VILLAGE, OH 44140 DEM 22133 39 22 STUTTS, RUTH M 25111 BAYFAIR CT BAY VILLAGE, OH 44140 12826 4 1 CROPP, ERIC J 30677 CAMBRIDGE DR BAY VILLAGE, OH 44140 1589420 4 2 GUTTMANN,ANNAE 30681 CAMBRIDGE DR BAY VILLAGE, OH 44140 62765 4 3 GRISWOLD, FRANK S 30705 CAMBRIDGE DR BAY VILLAGE, OH 44140 DEM 855556 4 4 ALDRIDGE JR, JOHN H 293 SADDLER RD BAY VILLAGE, OH 44140 924091 4 5 BOYD,CONDAS 27896 W OAKLAND RD BAY VILLAGE, OH 44140 DEM 1032278 4 6 CARNEY, ROBERT W 562 BRADLEY RD 134Y VILLAGE, OH 44140 1732620 4 7 GOTSCH,AUDREY H 30628 ASHTON LN BAY VILLAGE, OH 44140 1732008 4 8 GOTSCH, HENRY E 30628 ASHTON LN BAY VILLAGE, OH 44140 1732102 4 9 (NR), NR 0 4 10 (NR), NR 0 4 11 BARBER,ANNET 30619 ASHTON LN BAY VILLAGE, OH 44140 REP 17525 4 12 MAYER, PATRICIA A 30673 CAMBRIDGE EAST CT BAY VILLAGE, OH 44140 DEM 22198 4 13 MARTIN, JOHN H 27003 E OVIATT RD BAY VILLAGE, OH 44140 REP 17813 4 14 MARTIN, KIMBERLY A 27003 E OVIATT RD BAY VILLAGE, OH 44140 1928182 4 15 PATTON-BROWN, NANCY J 25824 WOLF RD BAY VILLAGE, OH 44140 NOPTY 2104666 20803 4 16 JAMES,JANALEE B 28217 W OAKLAND RD BAY VILLAGE, OH 44140 4 17 JAMES,CHARLES W 28217 W OAKLAND RD BAY VILLAGE, OH 44140 20802 4 18 TRAINER, NANCY L 29133 OSBORN RD BAY VILLAGE, OH 44140 DEM 19972 4 19 BAUMGARD,MARC A 618 BRADLEY RD BAY VILLAGE, OH 44140 DEM 1702742 4 20 RIGGLEMAN JR, ROBERT E 618 BRADLEY RD BAY VILLAGE, OH 44140 761677 4 21 KOGGE,JEAN K 30701 CAMBRIDGE DR BAY VILLAGE, OH 44140 REP 22160 4 22 MULLEN, MARJORIE R 30657 CAMBRIDGE EAST CT BAY VILLAGE, OH 44140 DEM 22226 4 23 FINCH, NANCY S 30651 CAMBRIDGE CIR BAY VILLAGE, OH 44140 DEM 1938403 4 24 RICE, ROBERT J 30802 PERRY DR BAY VILLAGE, OH 44140 1797396 4 KENNEDY, KATHLEEN ANN 30802 PERRY DR BAY VILLAGE, OH 44140 DEM 25 474096 40 1 GALLO, BRIAN P 31165 HUNTINGTON WOODS PKY BAY VILLAGE, OH 44140 DEM 1998022 40 2 GALLO, PAUL E 31165 HUNTINGTON WOODS PKY BAY VILLAGE, OH 44140 DEM 18612 JL1ata Information Management Systems, Inc. 1982-2007
Petition Signer Details Run Date : 813012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE tw 40 3 NYE,KURT D 478 LAKE FOREST DR BAY VILLAGE, OH 44140 REP 19892 40 4 VOIGT, VALERIE D 26615 E OVIATT RD BAY VILLAGE, OH 44140 DEM 539889 40 5 (NR), NR 0 40 6 FEIGHAN, CHRISTOPHER R 23200 LAKE RD 56 BAY VILLAGE, OH 44140 DEM 543687 40 7 ANDERSON, LISA A 470 JUNEWAY DR BAY VILLAGE, OH 44140 1004853 40 8 GANNON, HARRIET M 562 JUNEWAY DR BAY VILLAGE, OH 44140 DEM 14091 40 9 MURNANE,M SUSAN 30509 WILLOWAY LN BAY VILLAGE, OH 44140 DEM 1599479 40 10 URSETTI, SAMUEL P 26743 HENRY RD BAY VILLAGE, OH 44140 DEM 17995 40 11 TERRY, PATRICIA A 520 GLEN PARK DR 8AY VILLAGE, OH 44140 DEM 40 12 DRISCOLL, DENNIS G 30509 WILLOWAY LN BAY VILLAGE, OH 44140 DEM 40 13 DYKE,ANN 28961 TURNBRIDGE RD BAY VILLAGE, OH 44140 DEM 18583 40 14 DYKE,JOHN T 28961 TURNBRIDGE RD BAY VILLAGE, OH 44140 DEM 18585 40 15 OBOYLE, MICHAEL J 24507 E OAKLAND RD BAY VILLAGE, OH 44140 DEM 540650 40 16 GORE, MICHAEL L 410 OAKMOOR RD BAY VILLAGE, OH 44140 DEM 14107 40 17 OMALLEY, ROBERT E 26116 WOLF RD BAY VILLAGE, OH 44140 DEM 16427 40 18 OMALLEY, NOREEN C 26116 WOLF RD BAY VILLAGE, OH 44140 DEM 16426 41 1 PETERSON,LEE M 29125 FOOTE RD BAY VILLAGE, OH 44140 20424 41 2 PETERSON,STEPHEN D 29400 GOULDERS GRN BAY VILLAGE, OH 44140 20425 41 3 BERRY,GERTRUDE 27006 OSBORN RD BAY VILLAGE, OH 44140 DEM 16622 41 4 BIRNEY, TRACY T 29124 FOOTE RD BAY VILLAGE, OH 44140 1014147 41 5 BIRNEY, GLENN S 29124 FOOTE RD BAY VILLAGE, OH 44140 NG 1013560 41 6 WEST, ALLEN S. 30408 SALEM DR BAY VILLAGE, OH 44140 REP 22752 41 7 WEST, MARTHA M. 30408 SALEM DR BAY VILLAGE, OH 44140 REP 22753 42 1 PHILLIPS III, THOMAS S 29101 EDGEWOOD RD BAY VILLAGE, OH 44140 DUP 18737 42 2 HOCHMAN, RITA HART 304 GLEN PARK DR BAY VILLAGE, OH 44140 DEM 514829 42 3 HOCHMAN,JOSEPH 304 GLEN PARK DR BAY VILLAGE, OH 44140 DEM 16268 42 4 YOUNG,SUSAN T 606 CRESTVIEW DR BAY VILLAGE, OH 44140 12357 42 5 HANSEN, ERIC M 30401 EDNIL DR BAY VILLAGE, OH 44140 NOPTY 2203866 43 i CUSIMANO, JENNIFER B 177 PLYMOUTH DR BAY VILLAGE, OH 44140 24774 43 2 MILLER, EDWARD M 25809 LAKE RD BAY VILLAGE, OH 44140 REP 14235 43 3 MCBRIDE, BRIAN A 30036 LAKE RD BAY VILLAGE, OH 44140 REP 20888 43 4 DOCKRILL, KIMBRELLI A 29011 WESTWOOD RD BAY VILLAGE, OH 44140 DEM 1952963 43 5 (NR), ILL 0 43 6 SOOY, EMALEE M 357 BASSETT RD BAY VILLAGE, OH 44140 1973952 43 7 ACCORII, LYNN A 170 PLYMOUTH DR BAY VILLAGE, OH 44140 REP 402595 43 8 WATTERSON,STEWART G 31200 KIMERLY DR BAY VILLAGE, OH 44140 DEM 518266 43 9 DYKAS, ROBERT A 24018 WOLF RD BAY VILLAGE, OH 44140 13015 43 10 SANFILIPPO, JOSEPH A 69 HUNTINGTON WOODS PKY BAY VILLAGE, OH 44140 16483 43 11 WILLIAMS, ANN M 27114 OSBORN RD BAY VILLAGE, OH 44140 17042 43 12 HUNT, SUSAN A 29507 LISAVIEW DR BAY VILLAGE, OH 44140 21269 43 13 CERNEA, EILEEN M 29321 OSBORN RD BAY VILLAGE, OH 44140 DEM 19638 43 14 MCNALLY,ANNA E 29308 WOLF RD BAY VILLAGE, OH 44140 DEM 519542 17855 1599441
Petition Signer Details Run Date : 813012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE SECTION 4 SIG NO NAME ADDRESS CfTY ( STATE f ZIP PARTY CHALLCHALLCODE s VOTER ID ^ 43 15 FOLEY, KATHLEEN A 26117 LAKE RD BAY VILLAGE, OH 44140 24067 43 16 GUSKA,CAROLEA 602 YARMOUTH LN BAY VILLAGE, OH 44140 REP 22097 43 17 GUSKA,JOHN R 602 YARMOUTH LN BAY VILLAGE, OH 44140 22098 43 18 VENTIMIGLIA, JOANN M 365 GLEN PARK DR BAY VILLAGE, OH 44140 641821 43 19 WALSH, JOHN P 26731 JEFFERSON CT BAY VILLAGE, OH 44140 REP 917792 43 20 JEFFERS, MELANIE C 26960 LAKE RD BAY VILLAGE, OH 44140 2000691 43 21 PETZ, MATTHEW D 25701 EATON WAY BAY VILLAGE, OH 44140 1956442 43 22 FISCO, SUSAN G 443 OAKMOOR RD BAY VILLAGE, OH 44140 DEM 14548 43 23 CRUDELE, ROSEMARIE J 28209 W OVIATT RD BAY VILLAGE, OH 44140 DEM 19278 43 24 MCBRIDE, BEVERLY C 28037 WOLF RD BAY VILLAGE, OH 44140 DEM 731195 43 25 MULKERN,S D 30403 WOLF RD BAY VILLAGE, OH 44140 REP 24878 44 1 WALKER, GORDON H 30500 WOLF RD BAY VILLAGE, OH 44140 REP 1610673 44 2 WALKER, CAROL A 30500 WOLF RD BAY VILLAGE, OH 44140 REP 1609968 45 1 HARKNESS,JULIANNE 340 SADDLER RD BAY VILLAGE, OH 44140 DEM 923041 45 2 CAMPBELL, KIMBERLY P 28131 LINCOLN RD BAY VILLAGE, OH 44140 19251 45 3 PRIEST, W JAMES 31656 LAKE RD BAY VILLAGE, OH 44140 REP 23165 45 4 MICHAUD, SCOT H 544 ELMWOOD RD BAY VILLAGE, OH 44140 REP 881290 45 5 PAILES, NANCY J 30540 MANHASSET DR BAY VILLAGE, OH 44140 24547 45 6 PAILES, RICHARD E 30540 MANHASSET DR BAY VILLAGE, OH 44140 855701 45 7 CROWLEY,TREACY C 29519 OSBORN RD BAY VILLAGE, OH 44140 DEM 882540 45 8 PARKS,MARGARET W 27821 KNICKERBOCKER RD BAY VILLAGE, OH 44140 1780879 45 9 FALCONE, NICK M 27853 W OAKLAND RD 8AY VILLAGE, OH 44140 NOPTY 2129793 45 10 NOVAK, LISA M 568 PARKSIDE DR BAY VILLAGE, OH 44140 15204 45 11 WILSON, JERRY W 632 BRADLEY RD BAY VILLAGE, OH 44140 REP 1851666 45 12 VOLL, LIBBY K 31111 ROXBURY PARK DR BAY VILLAGE, OH 44140 18839 45 13 VACHA, MICHELLE L 392 LAKE FOREST DR BAY VILLAGE, OH 44140 NOPTY 2108606 45 14 VACHA, MICHAEL J 392 LAKE FOREST DR BAY VILLAGE, OH 44140 1898953 45 15 RODGERS-URAM, HOLLY B 129603 FOOTE RD BAY VILLAGE, OH 44140 DEM 20952 45 16 URAM,MARKJ 29603 FOOTE RD BAY VILLAGE, OH 44140 21015 45 17 HOLLAND, KEVIN B 329 FLORENCE CT BAY VILLAGE, OH 44140 REP 14604 45 18 SAXTON,SCOT7A 603 HUMISTON DR BAY VILLAGE, OH 44140 REP 12278 45 19 HASKETT, LAURICE P 30917 WALKER RD BAY VILLAGE, OH 44140 466877 45 20 MACRAE, JENNIFER B 28928 MILLARD DR BAY VILLAGE, OH 44140 14688 45 21 HYLAND, TAMARA L 597 CANTERBURY RD BAY VILLAGE, OH 44140 15837 45 22 HYLAND, RICHARD L 597 CANTERBURY RD BAY VILLAGE, OH 44140 15836 45 23 BROADBENT,LUANN 522 JUNEWAY DR 8AY VILLAGE, OH 44140 REP 1023326 45 24 LEHMANN, KATHY L 450 LAKE FOREST DR BAY VILLAGE, OH 44140 1648221 45 25 KISH, KAREN MARIE 26524 HENRY RD BAY VILLAGE, OH 44140 1895775 46 1 PROKES,JEAN M 322 PLYMOUTH DR BAY VILLAGE, OH 44140 DEM 1043646 46 2 PROKES, RUSSELL T 322 PLYMOUTH DR BAY VILLAGE, OH 44140 23685 46 3 SOLOMON,JOHNS 30209 WOLF RD BAY VILLAGE, OH 44140 REP 19166 46 4 KASUNICK, FRED A 348 PLYMOUTH OR BAY VILLAGE, OH 44140 539665
Petition Signer Details Run Date : 8130/2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE 46 5 (NR) NRA 0 46 6 (NR) BLANK 0 46 7 COLLERAN, HOLLY 0 31216 CARLTON DR BAY VILLAGE, OH 44140 DEM 14492 46 8 LANGHENRY JR, ED F 31509 BEXLEY DR BAY VILLAGE, OH 44140 DEM 23565 46 9 BLISCIK, ANDREW 302 PLYMOUTH DR BAY VILLAGE, OH 44140 REP 1019803 46 10 WHfTE, SARA S 31302 WALKER RD BAY VILLAGE. OH 44140 I 885668 46 11 WAFFEN, NICOLE MARIE 564 EDINBOROUGH DR BAY VILLAGE, OH 44140 REP 1639279 46 12 WAFFEN,CHAD 564 EDINBOROUGH DR BAY VILLAGE, OH 44140 REP 733701 46 13 HENTERLY,KAREN 240 PLYMOUTH DR BAY VILLAGE, OH 44140 I 23501 46 14 KRANZ BANASIAK, CLAIRE E 31400 NANTUCKET ROW BAY VILLAGE, OH 44140 I 1823171 46 15 BILARDO, VINCENT J 31109 WOLF RD BAY VILLAGE, OH 44140 NOPTY 2176483 5 1 HALTER, GEORGE E 30924 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 22974 5 2 OPATRNY, MARY A 30640 TIMBER LN BAY VILLAGE, OH 44140 REP 22648 5 3 OPATRNY JR, JAMES 30640 TIMBER LN BAY VILLAGE, OH 44140 REP 22646 5 4 COOPER,THOMAS A 271 BREEZEWOOD DR BAY VILLAGE, OH 44140 I 1734602 5 5 MCKENNA,SHARONS 27106 RUSSELL RD BAY VILLAGE, OH 44140-2233 DEM 1972291 5 6 MCKENNA, MICHAEL E 27106 RUSSELL RD BAY VILLAGE, OH 44140 1 1594563 5 7 ENGEL, CLARENCE E 29700 W OAKLAND RD BAY VILLAGE, OH 44140 REP 23450 5 8 KRUEGER, DOREEN A 26913 WOLF RD BAY VILLAGE, OH 44140 1 23042 5 9 MAN8UETT0, MICHAEL F 576 BRADLEY RD BAY VILLAGE, OH 44140 I 1735035 5 10 MANSUETTO,COLLEEN M 576 BRADLEY RD BAY VILLAGE, OH 44140 I 863543 5 11 REESE, WAYNE A 376 SADDLER RD BAY VILLAGE, OH 44140 REP 22665 5 12 WOODS,MARY M 28107 W OAKLAND RD BAY VILLAGE, OH 44140 REP 18860 5 13 TADYCH, DAVID L 410 OAKMOOR RD BAY VILLAGE, OH 44140 REP 14369 5 14 FLOWERS, JOHN D 29617 WOLF RD BAY VILLAGE, OH 44140 I 1594548 5 15 YOUNG, MICHAEL A 606 CRESTVIEW DR BAY VILLAGE, OH 44140 REP 12356 5 16 MADIGAN, DAVID M 30601 CAMBRIDGE DR BAY VILLAGE, OH 44140 REP 22190 5 17 (NR), NR 0 5 18 RICH, DAVID E 30631 CAMBRIDGECIR BAY VILLAGE, OH 44140 DEM 1900708 5 19 (NR), NR 0 5 20 KUGLER,NORA C 30707 CAMBRIDGE DR BAY VILLAGE, OH 44140 I 22166 5 21 WILHELM, SUSAN L 28422 W OAKLAND RD BAY VILLAGE, OH 44140 REP 527770 5 22 WALLACE, ELIZABETH M 30219 ASHTON LN BAY VILLAGE, OH 44140 DEM 1041495 6 1 MINNICH, JOAN M 601 WELLFLEET DR BAY VILLAGE, OH 44140 I 22212 6 2 GRADY.MARYA 605 WELLFLEET DR BAY VILLAGE, OH 44140 I 12538 6 3 WILLIAMS, JAMES R 30314 PROVINCETOWN LN BAY VILLAGE, OH 44140 I 1676323 6 4 TARICSKA JR, JOSEPH K 359 BAR HARBOR DR BAY VILLAGE, OH 44140 I 14370 6 5 KESTLER, HARRY W 28518 OSBORN RD BAY VILLAGE, OH 44140 REP 885628 6 6 GRADY, EMILY A 605 WELLFLEET DR BAY VILLAGE, OH 44140 NOPTY 2254245 6 7 TARICSKA, POLLY T 359 BAR HARBOR DR BAY VILLAGE, OH 44140 I 14371 6 8 WILLIAMS, PAMELA J 30314 PROVINCETOWN LN BAY VILLAGE, OH 44140 I 1003275 6 9 BEHL,ELLEN N 30218 CHATHAM POINT DR BAY VILLAGE, OH 44140 I 13415
Petition Signer Details Run Date : 813012007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE "t SECTION # SIG NO NAME ADDRESS CITY! STATE t ZIP PARTY CHALL, CCHALLCODE VOTER ID ^ 10 ROSS, STEPHANIE R 606 WELLFLEET DR BAY VILLAGE, OH 44140 22276 11 ROSS,AMYE 606 WELLFLEET DR BAY VILLAGE, OH 44140 951736 12 NICKEL, LARRY E 614 WELLFLEET DR BAY VILLAGE, OH 44140 22238 13 PUGLIESE, NICHOLAS J 617 WELLFLEET DR BAY VILLAGE, OH 44140 DEM 1788068 14 GREALIS SR, ROBERT F 30341 PROVINCETOWN LN BAY VILLAGE, OH 44140 22087 15 GREALIS, MARCIA R 30341 PROVINCETOWN LN BAY VILLAGE, OH 44140 22085 16 VOEGELE, WILLIAM P 30340 PROVINCETOWN LN BAY VILLAGE, OH 44140 14896 17 ALLEN, MARIA M 30322 PROVINCETOWN LN BAY VILLAGE, OH 44140 REP 1657014 18 PUGLIESE, JULIE E 617 WELLFLEET DR BAY VILLAGE, OH 44140 1767055 19 ROSS,DONALR 606 WELLFLEET DR BAY VILLAGE, OH 44140 DEM 22275 20 BAIRD, SUSANNA P 30313 PROVINCETOWN LN BAY VILLAGE, OH 44140 DEM 393561 21 BAIRD, TERRY M 30313 PROVINCETOWN LN BAY VILLAGE, OH 44140 DEM 1788245 22 ALLEN, MICHAEL J 30322 PROVINCETOWN LN BAY VILLAGE, OH 44140 REP 1657011 23 FENWICK, MARK H 595 WELLFLEET DR BAY VILLAGE, OH 44140 REP 942967 24 HIGGINS, ROBERT J 30308 PROVINCETOWN LN BAY VILLAGE, OH 44140 NOPTY 2130435 1 RINI, MARTHA A 31017 NANTUCKET ROW BAY VILLAGE, OH 44140 885641 2 MEDLEY, MARLENE F 347 BASSETT RD BAY VILLAGE, OH 44140 REP 20898 3 GALLO, BARBARA D 31165 HUNTINGTON WOODS PKY BAY VILLAGE, OH 44140 DEM 18611 4 JASTER JR, MARTIN R 31016 NANTUCKET ROW BAY VILLAGE, OH 44140 DEM 977766 5 BIESTERFELDT, JOHN C 31029 NANTUCKET ROW BAY VILLAGE, OH 44140 OEM 22815 6 COCHRAN,JOAN H 31115 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 22861 7 RANALLO. PATRICIA J 31030 NANTUCKET ROW BAY VILLAGE, OH 44140 DEM 2168745 8 CARPENTER,JANET S 31018 H1+ kntington ' WOODS PKY BAY VILLAGE, OH 44140 19636 9 SLEEPER, VALERIE D 234 BRA LEY RD BAY VILLAGE, OH 44140 23751 10 (C) BARKER, APRIL S 308131A E RD BAY VILLAGE, OH 44140 NR 24316 11 SHIMKO, EILEEN D 26504 BRUCE RD BAY VILLAGE. OH 44140 REP 16504 12 SHIMKO. HARRY J 26504 BRUCE RD 8AY VILLAGE, OH 44140 REP 16505 13 SWITAJ SR, WILLIAM J 29701 W OAKLAND RD BAY VILLAGE, OH 44140 REP 20540 14 SWRAJ, LILLIAN T 29701 W OAKLAND RD BAY VILLAGE, OH 44140 REP 20539 15 OUTCALT,KATHLEEN M 30015 APPLEWOOD DR BAY VILLAGE, OH 44140 1934150 16 WENZELL, ELIZABETH A 550 GLEN PARK DR BAY VILLAGE, OH 44140 REP 18012 17 DOYLE,JEFFREYT 28400 LINCOLN RD BAY VILLAGE, OH 44140 NOPTY 2181099 18 GROSS,LORRIA 576 GLEN PARK DR BAY VILLAGE, OH 44140 17700 19 GRABER, ELLEN M 29380 LAKE RD BAY VILLAGE, OH 44140 DEM 20177 20 HAGEN, PATRICIA 31216 NANTUCKET ROW BAY VILLAGE, OH 44140 REP 21670 21 SCHEFFNER, EDMUND C 27820 REXFORD RD BAY VILLAGE, OH 44140 REP 18382 22 SCHEFFNER,JANE 27820 REXFORD RD BAY VILLAGE, OH 44140 REP 18383 23 BARTON,ROY D 24622 E OAKLAND RD BAY VILLAGE, OH 44140 REP 12388 24 DARGIS,ANTOINETTE 30234 WOLF RD BAY VILLAGE, OH 44140 18915 25 WIER, ROSEMARY A 485 GLEN PARK DR BAY VILLAGE, OH 44140 DEM 17041 1 BENINGHOF, VIRGINIA E 30683 CAMBRIDGE DR WEST BAY VILLAGE, OH 44140 OEM 532077 2 BENINGHOF, RICHARD M 30683 CAMBRIDGE DR WEST BAY VILLAGE, OH 44140 REP 532076
Petition Signer Details Run Date : 8130l2007 CHARTER AMMENDMENT SEC 13.5 BAY VILLAGE Total Signers : 916 3 PENNOCK,SCOTTM 30828 CARLTON DR BAY VILLAGE, OH 44140 DEM 607931 4 PENNOCK, MISTY R 30828 CARLTON DR BAY VILLAGE, OH 44140 OEM 1848425 5 EASTWOOD, ALICE A 29321 GOULDERS GRN BAY VILLAGE, OH 44140 933304 6 MORRISON, DOUGLAS W 29321 GOULDERS GRN BAY VILLAGE, OH 44140 OEM 1852566 7 HANSEN,ETHELL 30401 EDNIL DR BAY VILLAGE, OH 44140 REP 879744 8 HALE, SUSAN JANE 30921 BEXLEY DR BAY VILLAGE, OH 44140 NOPTY 2235858 9 HALEY,SUSAN 26957 RUSSELL RD BAY VILLAGE, OH 44140 951691 10 KMETZ, RICHARD N 28001 LINCOLN RD BAY VILLAGE, OH 44140 DEM 18238 11 MATOVIC, JAMES J 431 WALMAR DR BAY VILLAGE, OH 44140 24118 12 FOX, CYNTHIA S 30419 EDNIL DR BAY VILLAGE, OH 44140 REP 1826054 13 FOX, VICTOR B 30419 EDNIL DR BAY VILLAGE, OH 44140 REP 1860505 14 DEVETSCO,DAPHNE 30317 EDNIL OR BAY VILLAGE, OH 44140 DEM 14516 15 MARTIN, CHRISTINE A 27003 E OVIATT RD BAY VILLAGE, OH 44140 17812 16 STRUNK, JAMES C 26626 RUSSELL RD BAY VILLAGE, OH 44140 REP 16527 17 KAHL, PATRICIA A 298 CANTERBURY RD BAY VILLAGE, OH 44140 REP 16286 18 EISENBERG, JULIE CLARE 538 GLEN PARK DR BAY VILLAGE, OH 44140 NOPTY 2217911 19 WILSON, STEVEN L 302 CANTERBURY RD BAY VILLAGE, OH 44140 REP 1841658 20 KIRBY, GEORGE B 30623 WINSTON DR BAY VILLAGE, OH 44140 REP 22560 21 MCLAUGHLIN, VIORICA E 28918 WAYSIDE LN BAY VILLAGE, OH 44140 NOPTY 2225191 1 GOSKY, BERNADETTE M 608 REVERE DR BAY VILLAGE, OH 44140 REP 511943 2 DAVIS, ANNE WARD 28108 OSBORN RD BAY VILLAGE, OH 44140 REP 12090 3 DAVIS, DANIEL PAUL 28108 OSBORN RD BAY VILLAGE, OH 44140 12091 4 HART,ANNE V 28101 KNICKERBOCKER RD BAY VILLAGE, OH 44140 DEM 522002 5 BERNYS, WILLIAM E 28519 KNICKERBOCKER RD BAY VILLAGE, OH 44140 REP 1839840 6 MATTERN,DOROTHYL 28406 OSBORN RD BAY VILLAGE, OH 44140 REP 18693 7 EVANS,JULIP 28326 OSBORN RD BAY VILLAGE, OH 44140 521841 8 EVANS,SCOTTA 28326 OSBORN RD BAY VILLAGE, OH 44140 892940 9 PALOMAKI, JULIE E 28312 OSBORN RD BAY VILLAGE, OH 44140 NOPTY 2169858 10 ZVARA,JANET C 28110 W OAKLAND RD BAY VILLAGE, OH 44140 DEM 18871 11 ZVARA,EUGENE P 28110 W OAKLAND RD BAY VILLAGE, OH 44140 OEM 18870 12 ZVARA, EUGENE P 28110 W OAKLAND RD BAY VILLAGE, OH 44140 DEM DUP 18870 13 MUECKENHEIM, DAVID L 28615 W OAKLAND RD BAY VILLAGE, OH 44140 OEM 919179 14 MUECKENHEIM, JACQUELINE K 28615 W OAKLAND RD BAY VILLAGE, OH 44140 DEM 1630573 15 (NR), BLANK 0
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(ilitu uf Tsttg laitiagg 350 DOVER CENTER ROAD BAY VILLAGE, OH7O44140-2299 OFFICE OF TIIE COUNCIL Brian C. Cru.se President of Council Mark E. Barbour Council-at-large Phone:440-899-3406 Fax: 440-871-575] Joan T. Kemper Clerk of Council Jarnes E. Scott Cnuncil-at-large Dorrald L. Zimmernrmr Ward I Paul A. Koomer Vice President of Council Ward 2 Scofr A. Po/dkamp Ward 3 I, Joan T. Kemper, the undersigned, certify that the attached is a true and correct copy of the Minutes of a Special Meeting of the City Council held September 6, 2007. Mickacl A. Young Ward 4 Date: ^K - ^^? /.a 1 Jo^dn T. Kemper, Clerk o Council City of, Ohio EXHIBIT G3 www.c ityolbayvill age.com
CITY OF BAY VILLAGE Council Minutes, Special Meeting September 6, 2007 Council Chambers 6:30 p.m. Brian C. Cruse, President of Council, Presiding Present: Barbour, Cruse, Koomar, Pohlkamp, Scott, Young, Mayor Sutherland Not Present: Mr. Zimmerman Others Present: Director of Law Ebert, Service Director Sears, Community Services Director Bock, Recreation Director Enovitch, Fire Chief Sammon, Police Chief Wright President of Council Cruse called this Special Meeting of Council to order at 6:30 p.m. on Thursday, September 6, 2007, with the Pledge of Allegiance and Roll Call. MOTION by Koomar to convene to executive session to discuss litigation. Roll Call Vote: Yeas - Barbour, Cruse, Koomar, Pohlkamp, Scott, Young. Nays - None. Motion carried 6-0. AUDIENCE The following signed in: Gerald Phillips, Eric J. Eakin, Alex and Karen Dade, Jerrie Bamett, Eric M. Hansen, Mike Gore, Dave Tadych, Carolyn Steigman, Jeff Gallatin, Nancy Trainer, Gerry Schreibman, Joe and Rita Hochman, Lydia DeGeorge, Kevin Murray, Michael O'Boyle, Gerald R. Horning, R. Lambert, Sally Irwin Price Mr. Cruse stated that late in the day on August 28 a petition was delivered to the Clerk of Council requesting that a charter amendment be placed on the November 6, 2007 ballot to make the position of Law Director an elected position. On August 29, 2007, the Clerk of Council delivered those petitions to the Board of Elections with a request for them to review for the number of valid signatures in terms of voter status relative to existing Charter provision Section 13.5, and also requested that the Board review the petition for applicable legal requirements as to their sufficiency. On August 31, a response was received back from the Board of Elections that indicated the valid number of signatures to be 825 and indicated in their letter back to Mr. Cruse that based on the charter of the City of the petition must contain, by their count, 1,444 valid signatures which is based on Charter provision Section 13.5 that reads that a charter amendment petition must have signatures of 10% of the registered electors of the municipality. The Board of Elections measurement was based on that charter provision. Later in the day on August 31, it became clear that Council would be well served by having a legal opinion as to their duties and responsibilities relative to the petition. By letter to Mr. Ebert, Mr. Cruse asked Mr. Ebert's assistance in securing an independent source to help guide
Minutes of a Special Meeting of 2 City Council Held September 6, 2007 Council through the next steps, realizing that given the subject matter of the petition, to ask Mr. Ebert in his role as current Law Director to issue that opinion would be fraught with its own issues. Mr. Cruse stated that he was then put in touch with Mr. Stephen O'Bryan who currently serves as the Law Director of the Village of Bratenahl and who will address Council this evening. On Wednesday, September 5, based on discussions that Mr. Cruse had with Mr. O'Bryan, Mr. Cruse advised that he wrote to the Board of Elections again asking them to please address the technical requirements of the part petitions. Mr. Cruse explained that the individual circulated documents are known as "part petitions" and the total package of part petitions is known as the petition. The Board politely declined in response back to Mr. Cruse stating that a review of that kind should come from the city Law Director. Mr. Cruse then returned to Mr. O'Bryan to have him answer some of those questions. Mr. Cruse further advised that it is the responsibility of City Council, at this point in time, to pass judgment on whether or not Council believes as a body that the petition represents a legally valid petition in which case the charter language is mandatory that Council immediately vote to pass an ordinance to place the matter before the electorate as has been requested by the petition. If Council does not feel that the standard has been met the case law does not place a mandatory duty to put the measure on the ballot. The deadline for submission of these matters to the Board of Elections is 4:30 p.m., Friday, September 7. Mr. Cruse noted that Council has had five or six business days to educate themselves to the best of their ability to reach this point. Council has reached out for as much information as could be assimilated in that time. Law Director Ebert stated that he has been fortunate enough to serve the city for more than 20 years under four different Mayors. Mr. Ebert continued that twice during that tenure he has had to rule on charter issues concerning how issues were placed on the ballot, both conceming the election of Council people in Ward One who were elected and subsequently ruled off the position by the Supreme Court in one case and the Court of Appeals in another case. Mr. Ebert explained it is not an easy task because you are actually confronting the issue of petitions or voter approval. As Law Director, Mr. Ebert stated, he had to rule on the charter unless a court ruled otherwise. Mr. Ebert contacted Mr. Cruse stating that there is obviously a perception, if not a real conflict, in making this opinion. Mr. Ebert suggested names of various Law Directors to contact, which Mr. Cruse did concerning this matter to make a proper ruling for City Council to take into consideration with the deliberation of this issue. Joan Kemper, Clerk of Council, who the petitions were actually filed with, has always had in her possession the original petitions, other then when they were delivered to the Board of Elections. Ms. Kemper delivered the petitions to the Board of Elections and actually picked them up on the Friday before the holiday weekend. Mr. Phillips has served correspondence on Mr. Ebert as late as this afternoon, September 6, and all correspondence has been turned over to Mr. O'Bryan for a proper response since he will be making the legal opinions or legal guidance of City Council in this matter. Mr. Stephen O'Bryan addressed the Mayor, Council, and audience stating that he has been retained by the city over the last couple of days to take a look at the issues that face
Minutes of a Special Meeting of 3 City Council Held September 6, 2007 Council today. Mr. O'Bryan stated that initially he found when reviewing the part petitions that the petitions have been circulated in this community since May, 2007 and we find ourselves with petitions being filed, after that long a period of time being circulated, essentially five business days before the time to act. The time to act on a petition such as this is here, and this is the reason we are having a special council meeting this evening. Mr. O'Bryan advised that initially he looked at the law to determine if a filing as late as this when there doesn't seem to be any necessity for it would have a legal effect on the deliberations. The court stated that basically if the petition is filed the day of the statutory deadline, or perhaps even before, so that the Board of Elections couldn't do its duty, they would not find there was a mandatory duty. The court advised that in addition to that they would look at each case on an individual case-by-case basis to determine whether or not these petitions were filed too late for no good reason. Mr. O'Bryan continued that he has advised Council to have this special meeting this evening because there is language in some of the cases that their duty is, nevertheless, to act forthwith and swiftly and it is important enough for the citizens here that Council carry out that duty even though there is a question about the lateness of this filing and the need to have a special Council meeting in this truncated period to carry out the mandatory duty as Councilmen. Mr. O'Bryan further stated that the city has attempted to do their duty in the time the filers of the petition have allowed. As the Council President has indicated, when we are involved in a situation like this, the face of the petitions are first reviewed. Mr. O'Bryan explained that when he first was retained he only had copies of the petitions because the originals were on file with the Board of Elections. When the originals came back from the Board of Elections and looked at Mr. O'Bryan found numerous incidents of alterations with the petitions. Mr. O'Bryan immediately suggested that the petitions be resubmitted to the Board of Elections, which Mr. Cruse did on Tuesday, September 4, to have them investigate the alterations. The Board wrote back and said that it is up to the City of to investigate. There has been very little time to do any investigation in that regard. Nonetheless, the law is clear that alterations in the petitions are a reason to determine that they are insufficient and invalid and there are numerous alterations on the petitions, by tape, and the petitions themselves are not uniform. The law makes it clear that all part petitions are to be uniform and filed together as one instrument. Numerous part petitions have page numbers on them and numerous ones do not. All of them have one word taped over and changed. Many of them have numerous taped over changes on the petitions. Given the law that that in effect invalidates the petitions is one issue tonight. In addition, these petitions suggest that there was a conunittee formed of petitioners to circulate the petitions. This committee is named in the petition itself and a statement is given to all of the voters of the City of that there was a designation of the following petitioners as a committee to be regarded a filing this petition or its circulation. The clear meaning of the word "petitioners" is that they signed the petition as a signer and Mr. O'Bryan's review of the petition indicates that they have not done that and they are not petitioners even though they represented that to every voter that signed the petition. Mr. O'Bryan stated that there has been some misrepresentation and one that affects Council's duty to act on these petitions in determining whether or not
:diinutes of a Special Meeting of 4 3ay Village City Council ;-{eld September 6, 2007 Council has a mandatory duty to submit them. Mr. O'Bryan further commented that these petitions on their face suggest that they are for the election of the Law Director and the document basically says "and to provide for the office of the Director of Law." On the substance of the petition itself, it can be seen that there are at least two, separate, distinct, charter amendments being proposed, 1) whether or not to elect a Law Director, and 2) a number of new and substantial changes in terms of the position of Law Director in this community. One that not only sets forth the term, but sets forth different qualifications than exist now, sets forth the residency requirement, sets forth the prohibition from other public employment, sets forth the removal procedure, all of which someone could be interested in electing a Law Director but certainly disagree with any or all of some of the other provisions set forth in the amendment. Both the Charter, in Section 13.5, as well as 2.13 in the Ohio Constitution indicates that a proposed amendment to the charter can be submitted by petition. Mr. O'Bryan states here that that is a one amendment per petition rule and this amendment tries to lump together at least two proposals in one petition, which Mr. O'Bryan believes violates those provisions. Mr. O'Bryan added that all of the Councilmen have a sworn duty to uphold the charter in this community, a charter that was voted in by all the citizens of the community at various times. The Charter Section of 13.5 was voted by the people in 1962 and clearly and unambiguously states that charter amendment petitions must be signed by ten percent (10%) of the registered electors of this community. That is different than what is found set forth in the statues and constitution of the state. Not only is there a charter to set forth that requirement, but the primary body that the law sets forth and even that the Supreme Courts caution that Councilmen should look to as to their duties is to the Board of Elections. Council acted exemplary in this situation by submitting this issue to the Board and the Board on two occasions has set forth to the city in clear and unambiguous terms that the minimum petition requirements for this issue is 1,444 signatures. In addition, the case law would indicate that in all instances when we can we should attempt to harmonize the provisions of the municipal charter with the constitution and even though there is some possible contrary opinion in the Westlake case, which Mr. O'Bryan believes is distinguishable from this issue, there is a way to interpret the charter in harmony with the constitution of the state to require the registered elector requirement as indicated by the Board of Elections. Mr. O'Bryan concluded by saying that the petitions raise, on a last minute and unnecessary basis, numerous questions and issues of alterations, misrepresentation, constitutional law, and numerous attempts to amend the charter on one petition that in Mr. O'Bryan's opinion he does not believe it can be said with certainty that Council has a mandatory duty to submit this issue to the November ballot. Mr. Cruse reiterated that the duty of Council tonight is to pass its judgment on whether or not the petition has met the legal requirements to be placed on the ballot, not anything to do with the subject matter of the petition itself. It is not Council's job here tonight to
Minutes of a Special Meeting of 5 City Council Held September 6, 2007 decide whether or not they agree with what is contained in the petition; it is Council's job to determine whether or not they believe that the petition meets the needed requirements for Council to have a mandatory duty to place it on the ballot. Mr. Cruse explained that the Westlake charter, prior to their particular case being decided, contained a provision that required ten percent (10%) of those voters that voted in the last election where a charter amendment was on the ballot. The court clearly stated that that language wasn't even close. That section was amended in 2003 and had language that virtually nears what is contained in the charter. Mr. Cruse asked Mr. O'Bryan the legal standard Council is charged with in assessing the petitions. Mr. O'Bryan responded that the law is clear that the election laws are to be strictly construed unless a contrary intent appears in a statute and on the issues that appear here there is no statute Mr. O'Bryan is aware of that would relieve one of strict compliance with the elections. Given the alterations and the other issues with these petitions there is no real way for Council to know, at least at this point, just how many valid signatures there are on the petitions under any requirement. Councilman Jim Scott asked Mr. O'Bryan if he can say whether or not the so-calied violations are material or not. Mr. O'Bryan responded that he believes the violations are on the face if you change a word of a charter amendment or if you change an address of a circulator, or a name, those appear to be material. In addition, when one circulates a petition that is not in conformity as one document and has all these changes it raises questions under Section 3501.8 because someone didn't take the time to have one consistent set of petitions that was circulated and signed by the people. Mr. O'Bryan added that in his thirty-five years of experience that is the requirement and is the norm and that is what is done. If these petitions had been filed in the normal course there would have been an opportunity to have a protest hearing with the Board of Elections, investigation, and time to ferret out all of these issues. Mr. Scott asked how many part petitions had a different name or address of the petitioners. Mr. O'Bryan stated that there are four part petitions that appear to be different than the other ones. They have page numbers on them and they have taped over names and addresses of the petitioners. Mr. Scott stated that if those four petitions were removed that would be a maximum of 100 signatures. Mr. O'Bryan reiterated that many of these signatures have the same circulator of one form and then circulators of the other and that could knock out all of the petitions. The fact that we have alterations of all of the petitions and given the time that we have and the investigation of what we know one cannot get into those kinds of questions. Mr. O'Bryan added that he does not think we know how many valid signatures are on these petitions. Mr. Scott stated that there are 46 part petitions and if we remove those four that leave 42 that are consistent as a set, which would still allow 725 signatures which is still more than 677. Mr. Scott stated that he is suggesting that the minimal number of signatures could still be there even with removing the so-called questionable petitions with the names and addresses of the petitioners.
Minutes of a Special Meeting of 6 City Council Held September 6, 2007 Mr. Cruse asked Mr. Scott if he is not making a presumption with that statement that our charter is invalid as it is written. Mr. Scott stated that he is not making that presumption but should we decide that ten percent of the last registered vote is the standard we would still meet that standard even if you remove the four questionable petitions. Mr. Cruse asked if this is not changing the clear language of the Charter and supplanting Council's judgment as to what the charter says. Mr. Scott stated that he understood that we want to harmonize the charter with the state constitution, which he thought has the requirement of ten percent of the last registered vote. Mr. O'Bryan responded that he appreciates what Mr. Scott is saying but he is concerned that there are serious issues raised on these petitions. There is one circulator who perhaps circulated a petition that has different addresses of a committee member on it. That address gets changed and another set of petitions is circulated with that change. Mr. O'Bryan suggested that the circulator who signed an election falsification felony statement, there is a serious question about all the petitions he circulated. Mr. O'Bryan stated that he does not know, it may be up to a court to make that decision, but he cannot jump to the conclusion to just throw out four of them. And also, there is the issue of these petitions being uniform and filed together as one instrument. Mr. O'Bryan stated that he does believe that strict compliance with the law should be required in irnportant questions and important issues like this that would effect a change in government. Councilman Young stated that in reviewing the charter he found Section 11.5, which talks about the validity of ballots and the standard to be used. The section states that "The election authorities counting the ballots shall not invalidate or reject any ballot for any technical error which does not make it impossible to determine the voter's choice there from so long as the marking the ballot complies with the general law or laws of the State of Ohio and the intention of the voter can be ascertained with reasonable certainty, and to the extent that such intent can be determined, the ballot shall be valid and shall be counted." Mr. Young stated that he does not know if that applies in this case and asked as to what standard he should look at this. He asked if he should look at any type of change invalidating something or is there some type of discretion he should use and to what degree in making that judgment. He added that he has some discretion, if not total, in trying to determine that and probably eventually a judge will also. Mr. Young stated that he is struggling in looking at this and he has not had the opportunity to physically look at the petitions that we are talking about and has not had a chance to hear from anyone who circulated them or signed them to get any feel for whether they are valid or not valid. He stated that the Ohio Constitution section that talks about having ten percent of just those in the last past municipal election was written in 1912, and we wrote our Charter section in 1962 and it is a different standard. Mr. Young stated that he is struggling why back in 1962 we would as a city do something that is not in conformity with a 50 year old state law. Does this mean we have the opportunity to do that? Those that drafted the original document certainly had some idea that we could create a different, stronger standard in comparison.
Minutes of a Special Meeting of 7 City Council Held September 6, 2007 Mr. Cruse responded that the Charter Section 11.5 referred to by Mr. Young is referring to ballots with votes and not to assessing a petition. Mr. Cruse continued that the sense he would get is that as home rule developed the state constitution granted great authority to charter communities to make their own laws and provisions and subsequent to that the courts of the state have been called upon to determine whether that exercise of home rule authority is valid in light of the state constitution. Mr. Barbour noted that it is similar to the video/cable issue. We had rules and regulations in place as to who could come into our community and operate cable system. The legislature passed a law and now the people in the State can tell who can come in or not come in and here is a mandate to provide you with these video services. Do we, as the citizens of have the right to decide what we need to present a petition, or are we forced to act in conformity with law across the State? In 1912, the Ohio Constitution was adopted. In 1962 with the knowledge that the Ohio Constitution existed, our charter was amended to read ten percent of the registered electorate. Two different tetters have been received from the Board of Elections stating that the number is 1,444. In the discharge of our oath of duty, we have a right to rely on the Board of Elections, we have a right to rely on our charter itself. Mr. Pohlkamp stated that he looks back on the primary election issue Council went through over the course of this past summer. In investigating that issue, the pros and cons and future actions, the people here in the public setting related to City Council that if they did not put it on the ballot they were going to get signatures and go above and beyond and do it anyway. At that point Mr. Pohlkamp had a chance to look at our ordinances and found that we had a requirement of 10% of the registered voters, and went with the assumption with this issue that that is what the charter amendment section says. Mr. Pohlkamp added that it is his sworn duty as an elected official to follow what the charter says on his particular issue. Mr. Barbour asked about the defects and stated that while this presumably being done in the interest of better governance, better governance would have dictated that Council could have gotten these sooner so Council could have conducted more investigation when these abnormalities were brought to Council's attention. Now the situation is that there are basically only a few business days and by the time Council can get a legal opinion there is only 24 hours to decide. Mr. Barbour asked if these abnormalities raises a concern that there might be other abnormalities if Council had more time they could look at and the people who submitted them could correct them. Mr. Scott stated that the legal advice is that the petition is not uniform and that in itself is enough to disqualify. Mr. Scott advised that he was raising the issue of the number of signatures. If ten percent of the last vote is all that is required, from a very pragmatic viewpoint, and not having enough time to conduct a full investigation, Council could suggest tossing out any signatures that have any doubt cast over them due to some irregularity. If Council did that and still had over 677 signatures that would carry a little bit of weight that at least the spirit of the requirement was met. The point of the legal
i1.linutes of a Special Meeting of 8 Mav Village City Council l-ield September 6, 2007 counsel is that the petition was not uniform because of these differences so even if you did set them aside and look at the raw numbers it still is not a uniform petition. Mr. Young advised that the members of Council also took an oath to uphold the Constitution of the State of Ohio as well as the city charter and his struggle is trying to get those two to work together. Mr. Youngp stated that if we wrote our charter in 1912 and the State had a constitutional change in 1962 it would lead him to lean in one direction compared to the other. The original framers of the charter would certainly have known what the constitution said in 1912, since it had been around for so long, and felt that you could still write that in and it would be valid. Mr. Scott stated that there is a distinction to be made between being required to pass the ordinance because the provisions have all been met. If the requirements of the charter are all met, Council must pass the ordinance. Council can still pass it anyway, if they choose to, not because it meets the requirements but for some other reason. Perhaps respecting the hard work that the residents put in to get over 900 signatures. Mr. Scott stated that he would recommend, even if Council concludes that the requirements are not met, that we still introduce the ordinance and vote on it anyway. Mr. Cruse responded that as listed on the agenda the ordinance would be introduced. Council has an obligation to take action tonight one way or another, which is why he requested that the ordinance be drafted for inclusion on tonight's agenda. The ordinance that was prepared was taken from the language that was presented in the petition as opposed to any changes or modifications based on any discussion or study. Mr. Cruse noted that he really struggles with this because he did have a chance to look through a copy of the petitions. There are friends and neighbors of Mr. Cruse who have signed the petition and he struggles to balance that with the oath of office he took to uphold the city charter and the laws of the State of Ohio. Mr. Scott stated that he believes that if this does not go forward for the ballot this year it will come back again next year through another initiative. Mr. Scott added that he thinks Council is only forestalling the inevitable by not putting it on the ballot. Electing a Law Director has become somewhat of a trend recently and this issue will probably come back in the future, have enough signatures, and meet all of the requirements. Mr. Joseph Hochman asked if it is in someone's right to have this petition rewritten and presented at the voting site to gather signatures for the next election. Mr. Hochman was advised that circulators would have to stand outside the area where everyone has to stand with the signs and election material. The Board of Elections would not allow anything inside the zone. Mr. Cruse advised that Council is not specifically voting tonight on whether or not the petition is valid. That is a decision that each Council member is making individually in deciding whether or not to vote to pass the ordinance to put the measure on the ballot.
Minutes of a Special Meeting of 9 City Council Held September 6, 2007 Gerry Schreibman asked the general population of the City of and was informed that the population is 16,087 and the number of registered voters is 14,440. Mrs. Schreibman stated that she understands we are bound by the numbers given to us by the officials at the Board of Elections but that raises the question that perhaps our charter should be looked at again in that provision. The standard that this petition is being held to is rather unrealistic. Mrs. Schreibman added that she can appreciate the quandary that Council is in as they sit here and debate this issue. Either the rolls should be cleaned or perhaps our charter needs to be looked at in 2012 in order to make that provision a little more harmonious with the Ohio Constitution. Mrs. Susan Fink stated that the Board of Elections has a field in their registered voter data called "status." Every elector is either in an active status or an inactive status and there are a tremendous number of inactive registered voters in the City of, probably 30% or closer to 40%. If we are going to change our charter, just because a person is registered does not necessarily mean that that is a good number to use. If they haven't voted for five years and the Board has not taken them off, because they will eventually roll off the rolls anyway, that penalizes any initiative. Mr. Michael O'Boyle expressed agreement with Mrs. Fink's comments stating that two years ago when he ran for office he made an issue that the rolls are very inflated in Bay Village and we have at least 3,000 people on the rolls who are either dead or who have moved out of town and have never been removed. Mr. O'Boyle said he spoke to the Board of Elections about this and they informed him that the city itself, the administration of the city, could, if they wanted, do its own investigation and find out who is living and who has moved out of the city. The rolls of our city need to be updated and changed. Mr. O'Boyle reminded all the members of Council that two years ago when they were running for office at the debate sponsored by the League of Women Voters, one of the questions that was asked by the League of Women Voters was, "Would you support submitting to the electorate an ordinance for electing a Law Director?" Mr. O'Boyle stated that he recalls that every single one of the candidates, with the exception of the Mayor who made her opposition very clear, stated they would submit this to the electorate. Mr. Young and Mr. Barbour corrected Mr. O'Boyle stating that this question was posed to mayoral candidates only. Mr. O'Boyle stated that he stands corrected. Mr. Gerald Phillips stated that he does not know if anything he is going to say is going to change Council's position but his opinion is that it is a done deal how Council is going to vote unless you elect to put it on at your own will under the alternative of two-thirds vote of Council. Mr. Phillips continued that he did have a duty to his clients to present their arguments. Basically what Mr. O'Bryan has said, substantially most of it is totally incorrect. Sections 3501, 3851 permits any alterations to the petition prior to its filing in a public office. It prohibits alterations after. You can make all the alterations you want. They were uniform when filed. The arguments about alterations, uniformity, they were filed as one instrument. Joan Kemper signed for them, I have a receipt, they were one
Minutes crf a Special Meeting of 10 Citv Council Held September 6, 2007 instrument, they were filed at one time, they were uniform. The issue of iriisrepresentations concerning that obviously Mr. O'Bryan is not familiar with the Bower vs. Medina Case, the Ohio Supreme Court Case that says any misrepresentation in the circulation of a petition does not invalidate and nullify the petitions and doesn't invalidate any of the signatures citing that any violations of Ohio Revised Code 731.36 (A) or 3599.14 (1) (a) doesn't invalidate the petitions. So, that argument doesn't exist. Alterations and the typo that was corrected doesn't apply, and doesn't apply to the committee. Mr. Scott is correct. There are four part petitions, there are 67 valid signatures on those. You subtract those from the 825 you are left with 758, more than 677. The only thing that Mr. O'Bryan said that is correct is the fact that you have a duty, regardless of when they are filed, to act on it. In the cases I indicated they were filed on the 62"d, 63rd day before and you have a duty to act on it. The other thing that Mr. O'Bryan incorrectly didn't tell you is that your authority under the law is very limited. You can only look at the petitions on its face. You can't do any investigation, that is the Morrison vs. Macedonia case and all the cases that are cited. You don't have a broad discretion, you don't have quasi-judicial authority to investigate if you wanted to. You do not have that authority. You look at the petitions on its face, you can't look at the intent; if anybody is misled, that's not your prerogative. That issue that Mr. O'Bryan indicated is wrong. Also, his so-called one charter amendment, single subject nile, first of all that only applies to ordinances, Section 731.19, in fact there is another Ohio Supreme Court Case, Cleveland vs. Rutner that basically says that you can provide as many amendment changes as you want and the single subject rule doesn't apply. So, that position that he has indicated to you is totally incorrect. As far as the number of signatures - I filed today a demand on Mr. Ebert concerning that. The Westlake case - they amended the charter in 2003 to require the same language you have. But, in 2004 and 2005 the City of Westlake was confronted with that issue of the fact that that charter provision was illegal. They put it on the ballot because they knew that that charter provision, even if they adopted it, was wrong_ If Mr. O'Bryan would have looked at the Ugert vs. West Jefferson Village Council, the same issue that is presented to you was presented in that case. Their charter said ten percent of the registered electors versus Article 18, Section 4, which says ten percent of those who voted at the last regular election. The Supreme Court rejected the city charter, and indicated that there was specific language that the paramount authority, which is the Ohio Constitution, trumps any city charter and is inapplicable. That case law clearly covers this situation. I provided this to give Council the authority in order to do the right thing. This is nothing more than a situation where you have already made up your mind, you hired an attorney to give you the opinion you want and I request right now a copy of that opinion. I asked for it this afternoon, I did not get it, and before I leave today I want a copy of that public record of an opinion by Mr. O'Bryan. The petitions are valid and you can take all that phony-baloney legal advice you got, which is incorrect, or you can follow the law. To a:nswer Mr. Young's question, in 1912 they passed the Article 18, Section 14. At that time they passed all the home rule amendments, Article 18, Section 3, Section 4, 5,6,7,8,9. At that time they provided for the amendment. They were all passed at the same time. It wasn't that we gave home rule power after they passed Article 18, Section 4; they were all done at the same time. When you really think about it, can a city,
Minutes of a Special Meeting of 11 City Council Held September 6, 2007 through their charter, amend Article 18, Section 3, 4, 5, 6, 7, 8, 9, and 14 that governs charter cities? You can only amend the Ohio Constitution by the state legislature or by putting it on the ballot. Those are the only two methods. To take the suggestion, which the Supreme Court of Ohio rejected in the Westlake case and other cases I cited, would be to give people in any municipality the ability to amend the Ohio Constitution. That's absurd. The basic principle of law is that a paramount authority's law cannot be changed by a subordinate authority. You are a lawyer, Mr. Cruse, you know that, you didn't have to get an opinion and so is Mr. Ebert. So do what you are going to do and not put it on the ballot if that's what you want, other than by your own wishes, but don't mislead and get some phony-baloney legal opinion to justify your actions. Mr. Cruse addressed Mr. Phillips stating that it is unfortunate that he chooses not to accord others the respect that is accorded to him, especially when coming out here to Bay Village. Mr. Cruse stated that he finds that unfortunate but thanked Mr. Phillips for his comments. Mr. Barbour stated that in light of Mr. Phillips' comments concerning the legal opinion that we have obtained from Mr. O'Bryan, just so the public is aware, Mr. O'Bryan is a partner in charge of the Cleveland office of Taft, Stettinius & Hollister, one of the largest firms in Ohio, is a member, past-president, vice president, and secretary of both the Ohio Municipal Attorney's Association and the Cuyahoga County Law Directors Association. He graduated from Case Law School in 1969, cum laude, has been voted one of Ohio's "Super Lawyers", a "Leading Lawyer" by Inside Business, and "One of the Best Lawyers in America." Mr. Barbour added that as an attomey, as a professional, he takes issue with Mr. Phillip's personal attack on Mr. O'Bryan. Mr. Barbour noted that he has seen Mr. Phillip's in action before and guesses that is just his modus operandi. Mr. Barbour stated that he wants the members of the public to know that this is not someone who is just selected out of the blue; it is a highly qualified attomey that rendered an opinion. Mr. Barbour added that he is sure Mr. Phillips advises his clients, since he is so interested in representing them, he has made clear that if they had they obtained in excess of 1,444 signatures and had the proper forms there would be no issue tonight at all. An audience member spoke stating that as one of the individuals circulating the petition there was overwhelming support for this issue. Of every twenty-five who signed, one or two declined. As Mr. Scott pointed out, this issue will come up again and it is something the community does support. They simply want a stronger say in their government. Kevin Murray stated that he understands all of the discussion, whether the petition is right or not, but as the person just stated it is kind of the will of the people of, registered voters, that we would like to see this happen. He stated that he does not understand why Council and the Mayor are always fighting and trying to find loopholes for what the people would like to see happen, and understands they are committed to the charter but thought they were committed to the residents too, and would do what we would like to have done.
Minutes of a Special Meeting of 12 City Council Held September 6, 2007 Mr. Scott stated that just to reiterate the final conclusion of the legal counsel, he concluded by saying that he could not say with certainty that Council has a clear legal obligation to bring this forward to the ballot. Mr. Scott added that not being an attorney he does not know exactly what that means but he said that he cannot say with certainty that Council has a clear legal duty to do it, which leaves open the possibility that it might meet the irequirement because it doesn't say it definitely does not meet the requirement. That was the concluding remark that was made. Mr. Scott stated that that tells him that there is at least a possibility that it does meet the requirement and the only way to establish that would be the legal proceedings in court, calling witnesses and looking at case studies, etc., which obviously we don't have time to do. There is some ambiguity in the legal opinion. Mr. Barbour addressed Mr. Murray and stated that earlier this year we had a number of meetings regarding the primary election issue. Mr. Murray seems to be saying that this particular body is not responsive to the people, I would like to remind you that that issue is going to be on the ballot this November and was passed by a unanimous vote by this Council. The sweeping generalization that we are not responsive to the will of the people may not be completely accurate. Mr. Murray responded saying that before Council made that vote he had to say something too. Mr. Cruse stated that Mr. Murray was invited to comment at a public hearing. Mr. Murray stated that again, he kind of gets that Council fights the residents a lot and wants to point out that that is his experience. Mr. Scott commented that Section 12.1 of the charter, which deals with the process of initiative, does require a ten percent of the electors vote in the last preceding election to do an initiative process. Section 13.5 says ten percent of the registered voters. There seems to be some agreement that this is not the best wording to have in there. Mr. Scott added that he wants to point out that the initiative process, that is the reason our charter says ten percent of the last vote, which Mr. Scott thinks is a much better standard. It does not say that regarding charter amendment but perhaps maybe in a few weeks rather than four or five years we might want to look at this issue of the wording of Section 13.5 and see if it might not be worth putting this on the ballot sometime down the road before the next Charter Review Commission, to change this requirement from ten percent of the registered voters to ten percent of the last vote. Mr. Koomar introduced ORDINANCE NO. 07-83 TO PROVIDE FOR THE ELECTION ON THE ADOPTION OF AN AMENDMENT TO PROVIDE FOR THE ELECTION OF A DIRECTOR OF LAW BY THE ELECTORATE, AND TO PROVIDE FOR THE OFFICE OF THE DIRECTOR OF LAW BY AMENDING SECTIONS 4.2, 4.3, AND 11.2 OF THE BAY VILLAGE CITY CHARTER, AND DECLARING AN EMERGENCY, and moved for adoption.
Minutes of a Special Meeting of 13 City Council Held September 6, 2007 There being no fin-ther discussion, Mr. Cruse calted for a vote on the motion to adopt Ordinance No. 07-83. Roll Call on Suspension of Charter Rules: Yeas - Barbour, Cruse, Koomar, Pohlkamp, Scott, Young Nays- None Roll Call on Suspension of Council Rules: Yeas - Barbour, Cruse, Koomar, Pohlkamp, Scott, Young Nays - None Roll Call on Use of the Emergency Clause: Yeas -Barbour, Cruse, Koomar, Pohlkamp, Scott, Young Nays - None Roll Call on Adoption: Yeas - Scott, Young Nays - Barbour, Cruse, Koomar, Pohlkamp Mr. Cruse announced defeat of Ordinance No. 07-83 by a vote of four nays and two yeas. Mr. Cruse thanked all for their patience and civility in this matter and announced the meeting adjourned at 8:57 p.m. ^td ^ RiLi l" Brian C. Cruse, President of Council
unicipality hartered or Non Vote Totals by Muncipality EGISTE Total Genl 2006 Votes Cast Gor 2006 Total Total Votes Votes Total Votes :t: General General General 2003 Li - 2005 2004 2002 2002 BAY VILLAGE Chartered 14296 8431 8178 6768 8904 5845i 6604. 5986 BEACHWOOD Chartered 10867 6106 5971 3899 5531 1752 4942 4056 BEDFORD Chartered 10393 4561 4448 3012 6120 2176 BEDFORD HEIGHTS Chartered 9551 4169 4091 2331 5130 2950 BENTLEYVILLE Non Chartered 862 481 470 414 508 452 BEREA Chartered 15282 7851 7609 4832 8409 4984 BRATENAHL Non Chartered 1294 812 797 694 782 544 BRECKSVILLE Chartered 11726 6948 6704 5315 7410 5220 BROADVIEW HEIGHTS Chartered 15267 8135 7889 5559 8840 601 5 M BROOK PARK Chartered 15041 7729 7494 7658 9370 3665 3602 3174 BROOKLYN Chartered 8291 4165 4018 3401 5154 720 618 534 BROOKLYN HEIGHTS Chartered 1184 742 721 797 832 4117 7361 6495 CHAGRIN FALLS Chartered 3777 2020 1965 1679 2104 954 1687 1489 CHAGRIN FALLS TOWNSHIP Non Chartered 126 68 65 50 67 6 54 50 CLEVELAND Chartered 343973 108801 105942 102283 172160 42639 94238 82311 CLEVELAND HEIGHTS Chartered 40126 19089 18690 12532 24550 14556 15972 14623 CUYAHOGA HEIGHTS Chartered 593 292 281 411 344 381 260 237 EAST CLEVELAND Chartered 18852 5229 5084 4477 9385 2830 4669 3941 EUCLID Chartered 39085 16421 15954 13870 22486 13197 13403 11880 FAIRVIEW PARK Chartered 14107 8460 8093 5314 8769 6581 6112 5383 GARFIELD HEIGHTS Chartered 20837 9365 9081 8507 12775 4596 8483 7372 GATES MILLS Chartered 2309 1319 1291 994 1399 1170 1183 1059 GLENWILLOW Chartered 554 246 237 174 219 128 172 122 HIGHLAND HEIGHTS Chartered 6721 4097 3942 2698 4418 3182 3160 2812 HIGHLAND HILLS Chartered 793 270 264 205 277 196 256 190 HUNTING VALLEY (includes Geauga Cty) Chartered 543 404 391 190 305 131 361 320 INDEPENDENCE Chartered 5853 3766 3568 3466 4117 3816 3527 3033 LAKEWOOD Chartered 43625 18986 18487 12069 25096 16684 15248 13652 LINNDALE Non Chartered 95 35 34 36 53 22 37 34 LYN D HURST Chartered 12860 7341 7097 5295 7804 5798 6054 5148 MAPLE HEIGHTS Chartered 19200 7657 7481 5756 11350 5642 7468 6659 MAYFIELD HEIGHTS Chartered 14475 6952 6711 5711 8456 4130 5494 4697 MAYFIELD VILLAGE Chartered 2884 1586 1536 924 1793 966 1222 1090 MIDDLEBURG HEIGHTS Chartered 12838 6963 6747 5210 7794 3463 6128 5393 MORELAND HILLS Chartered 3055 1 1781 1730 1171 1850 919 1428 1236 Total Votes Votes update 1/18/2007
Page 3 of 50 REGISTERED VOTERS - OLFL WD4... REGISTERED VOTERS - OLMSTED TWP REGISTERED VOTERS - ORANGE VIL REGISTERED VOTERS - PARMA.... REGISTERED VOTERS - PRMA WD1... REGISTERED VOTERS - PRMA WD2... REGISTERED VOTERS - PRMA WD3... REGISTERED VOTERS - PRMA WD4... REGISTERED VOTERS - PRMA WD5... REGISTERED VOTERS - PRMA WD6... REGISTERED VOTERS - PRMA WD7... REGISTERED VOTERS - PRMA WD8... REGISTERED VOTERS - PRMA WD9... REGISTERED VOTERS - PARMA HEIGHTS SUMMARY REPORT RUN DATE:11/29/05 08:59 PM 1,567 8,776 2,814 57,209 6,278 6,845 5,85B 5,835 6, 640 6,070 6, 837 6,738 6,108 14,883 GENERAL NOVEMBER CUYAHOGA ELECTION 8, 2005 COUNTY REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED REGISTERED VOTES PERCENT REGISTERED VOTERS - CHAGRIN FALLS EVSD. 5,215 BALLOTS CAS REGISTERED VOTERS - CLEVELAND HTS/UNIV. 47,571 BALLOTS CAS REGISTERED VOTERS - COUNTY GOVERNING B. 16, 635 BALLOTS CAS REGISTERED VO TERS - CUYAHOGA HEIGHTS L. 3,536 BALLOTS CAS REGISTERED VO TERS - EAST CLEVELAND CSD. 20, 968 BALLOTS CAS REGISTERED VOTERS - EUCLID CSD... 38, 140 BALLOTS CAS REGISTERED VO TERS - FAIRVIEW PARK CSD. 13,360 BALLOTS CAS REGISTERED VOTERS - GARFIELD HEIGHTS C. 18,339 BALLOTS CAS REGISTERED VOTERS - INDEPENDENCE LSD. 5,821 BALLOTS CAS REGISTERED VOTERS - LAKEWOOD CSD... 42,208 BALLOTS CAS REGISTERED VO TERS - MAPLE HEIGHTS CSD. 18,842 BALLOTS CAS REGISTERED VO TERS - MAYFIELD HEIGHTS C. 25,665 BALLOTS CAS REGISTERED VOTERS - NORTH OLMSTED CSD. 26, 070 BALLOTS CAS REGISTERED VOTERS - NORTH ROYALTON CSD. 26, 880 BALLOTS CAS REGISTERED VOTERS - OLMSTED FALLS CSD. 15,372 BALLOTS CAS REGISTERED VOTERS - ORANGE CSD... 12,852 BALLOTS CAS REGISTERED VOTERS - PARMA CSD.... 81,283 BALLOTS CAS REGISTERED VOTERS - RICHMOND HEIGHTS L. 7,266 BALLOTS CAS REGISTERED VOTERS - ROCKY RIVER CSD.. 17, 146 BALLOTS CAS REGISTERED VOTERS - SHAKER HEIGHTS CSD. 28, 165 BALLOTS CAS REGISTERED VOTERS - SOLON CSD.... 17, 669 BALLOTS CAS REGISTERED VO TERS - SOUTH EUCLID/LYNDH. 29,043 BALLOTS CAS REGISTERED VO TERS - STRONGSVILLE CSD. 35,297 BALLOTS CAS REGISTERED VOTERS - WARRENSVILLE HEIGH. 12, 690 BALLOTS CAS REGISTERED VO TERS - WESTLAKE CSD.., 26,332 BALLOTS CAS REGISTERED VO TERS - BEDFORD MCD... 62, 189 BALLOTS CAS EXHIBIT REGISTERED VOTERS - BEREA MCD.... 91,582 BALLOTS CAS REGISTERED VOTERS - CLEVELAND MCD 328, 169 BALLOTS CAS REGISTERED VOTERS - GARFIELD MCD. 62, 135 BALLOTS CAS REGISTERED VOTERS - LYNDHURST MCD 46,107 BALLOTS CAS REGISTERED VOTERS - PARMA MCD.... 127,321 BALLOTS CAS REGISTERED VOTERS - ROCKY RIVER MCD.. 96,898 BALLOTS CAS REGISTERED VO TERS - SHAKER HEIGHTS MCD. 50,586 BALLOTS CAS BALLOTS CAST TOTAL....... 368,443 BALLOTS CAS BALLOTS CAST ABSENTEE...... 33,671 BALLOTS CAS BALLOTS CAST BAY VILLAGE... 6,768 BALLOTS CAS BALLOTS CAST BYVL WD1... 1,535 BALLOTS CAS BALLOTS CAST BYVL WD2... 1,656 BALLOTS CAS BALLOTS CAST BYVL WD3... 1,682 BALLOTS CAS http://boe.cuyahogacounty.us/results/history/2005/110805_ge_summary.txt
Page 4 of 50 BALLOTS CAST BYVL WD4...... BALLOTS CAST BEACHWOOD...... BALLOTS CAST BEDFORD....... BALLOTS CAST BDFD WD1. BALLOTS CAST BDFD WD2...... BALLOTS CAST BDFD WD3...... BALLOTS CAST BDFD WD4...... BALLOTS CAST BDFD WD5...... BALLOTS CAST BDFD WD6...... BALLOTS CAST BEDFORD HEIGHTS.... BALLOTS CAST BDHT WD1...... BALLOTS CAST BDHT WD2...... BALLOTS CAST BDHT WD3...... BALLOTS CAST BDHT WD4...... BALLOTS CAST BENTLEYVILLE VIL.... BALLOTS CAST BEREA....... BALLOTS CAST BREA WD1. BALLOTS CAST BREA WD2...... BALLOTS CAST BREA WD3...... BALLOTS CAST BREA WD4...... BALLOTS CAST BREA WD5...... SUMMARY REPORT RUN DATE:11/29/O5 08:59 PM 1,895 3,899 3,012 589 446 418 540 547 472 2,331 552 460 731 588 414 4,832 739 1,061 1,189 840 1,003 GENERAL ELECTION NOVEMBER 8, 2005 CUYAHOGA COUNTY BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAST FRPK WD5.... BALLOTS CAST GARFIELD HEIGHTS. BALLOTS CAST GRHT WDl.... BALLOTS CAST GRHT WD2.... BALLOTS CAST GRHT WD3.... BALLOTS CAST GRHT WD4.... BALLOTS CAST GRHT WD5.... BALLOTS CAST GRHT WD6.... BALLOTS CAST GRHT WD7.... BALLOTS CAST GATES MILLS VIL BALLOTS CAST GLENWILLOW VIL BALLOTS CAST GLNW WD1.... BALLOTS CAST GLNW WD2.... BALLOTS CAST GLNW WD3.... BALLOTS CAST HIGHLAND HEIGHTS. BALLOTS CAST HIHT WD1.... BALLOTS CAST HIHT WD2.... BALLOTS CAST HIHT WD3.... BALLOTS CAST HIHT WD4.... BALLOTS CAST HIGHLAND HILLS VIL BALLOTS CAST HUNTING VALLEY VIL BALLOTS CAST INDEPENDENCE... BALLOTS CAST LAKEWOOD.... BALLOTS CAST LKWD WD1.... BALLOTS CAST LKWD WD2.... BALLOTS CAST LKWD WD3.... BALLOTS CAST LKWD WD4.... BALLOTS CAST LINNDALE.... BALLOTS CAST LYNDHURST.... BALLOTS CAST LYND WD1.... BALLOTS CAST LYND WD2.... BALLOTS CAST LYND WD3.... VOTES PERCENT 1,040 8,507 1,065 1,047 964 1,199 1,282 1,440 1,510 994 174 94 63 17 2,698 705 476 761 756 205 190 3,466 12,069 3,273 3,067 3,161 2,568 36 5,295 1,293 1,339 1,357 BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS BALLOTS CAS http://boe.cuyahogacounty.us/results/history/2005/ 110805_GE_Summary.txt
-:: ^ ^i^l 6.^^.J^^:^.:1':J..! 1 42 30-A R.C. 3517.10 Ohio CamvaiLrn. Finance Renort Prescribed by Secretary of State 02/01 Full Name of Committee Friends of Brian Cruse Full Name of Candidate Brian C. Cruse Street Address 420 Wahnar Drive City Bay Villaee Amended Report7 q Yes 0 No P^Primary July Monthly Post-PAimary August Monthly Report Electronically filed? q Yes 0 No x Registration Number, if PAC Office Sougbt, Dislrict Citv Council President State Pre-Genetal Post-General September Moothly Tennination Zip Code 44140 Bav Villa e Annual Year For cendidates only, during an elecron year: if total conhibutions and expenditures each total $500 or less during the combiaed pre- and post-periods at one elecfion, check box. No other fomns are required at a post-primary or post-geoeral prriod, if above statement applies. See R.C. 3517.I0(H) for details. EXI-IIBIT THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF Tames Geuther, Treasurer Print Name aud Title (Treasurer and Deputy Treasurer only) Contn'bution pages 6 Expenditure pages Other pages 1 Total pages Date 11
2005 Ohio Campaign Report Statement of Contributions Received Form 31A Friends of Brian Cruse Date on check First Name Last Name Address City State Zip Amount Form Deposited on 1 5/25/05 Joe Valore 31130 Planters Grove Westlake OH 44145 $450.00 Check 27-May 2 5/27/05 Tim Malone 225 Westwinds Avon Lake OH 44012 $2,500.00 Check 31-May 3 8/2/05 Don Ma 4500 W 130th Street Cleveland OH 44111 $250.00 Check 4-Au 4 8/3/05 Lawrence Ludwig 291 Ruth St OH 44140 $47.00 Check 16-Aug 5 8/3/05 Betty Moore 31341 Lake Rod OH 44140 $30.00 Check 16-Aug 6 813/05 Michelle Fay 576 Brooke Lane OH 44140 $47.00 Check 16-Aug 7 8/4/05 Kathryn Carbonari 30410 Lake Rd OH 44140 $1.00.00 Check 16-Aug 8 8/4/05 Daniel Weist 496 Bradley OH 44140 $30.00 Check 16-Aug 9 8/5/05 Pam Sehringer 30100 Lake Road OH 44140 $47.00 Check 16-Aug 10 8/5/05 Barbara Woodburn 609 Welshire OH 44140 $47.00 Check 16-Aug 11 8/5/05 Charles Cowell 31104 Narragansett OH 44140 $47.00 Check 16-Aug 12 8/5/05 Robert Spies 29033 Lincoln OH 44140 $47.00 Check 16-Aug 13 816/05 Joan Kemper 249 Bradley OH 44140 $30.00 Check 16-Au 14 8/8/05 Jennifer Kuh 28412 W Oviatt OH 44140 $47.00 Check 16-Aug 15 8/8/05 John Cavalier 415 Walmar OH 44140 $30.00 Check 16-Aug 16 8/8/05 Harold Wilder 26405 Lake Road OH 44140 $25.00 Check 16-Aug 17 8/8/05 George Macdonald 514 Glen Park Dr Ba Village OH 44140 $47.00 Check 16-Aug 18 818/05 Dana Hastings 28405 W Oakland Rd Bay Villa e OH 44140 $3D.00 Check 16-Au 19 8/8/05 Kate Dillman 26847 Russell Rd Bay Villa e OH 44140 $47.00 Check 16-Aug 20 818/05 Manuel Glynias 23528 Lake Road OH 44140 $100.00 Check 16-Aug 21 8I10/05 Ursula Cottone 555 Humiston Dr Bay Viliage OH 44140 $47.00 Check 16-Aug 22 8/12/05 Richard Taylor 26612 Jeffersone Ct. OH 44140 $30.00 Check 16-Aug 23 8/12/05 William Oatley 30700 Lake Rd Bay Villa e OH 44140 $47.00 Check 16-Aug 24 8/12/05 Richard Dunson 1993 Emerald Fairview Park OH 44126 $75.00 Check 16-Au 25 8/14/05 Elizabeth Faas 31147 Huntington Woods Parkway OH 44140 $25.00 Check 16-Aug 26 8/14/05 Ga le Absi 28111 Knickerbocker Rd Ba Village OH 44140 $47.00 Check 16-Aug 27 8117/05 Richard Walker 30960 Lake Rd OH 44140 $30.00 Check 25-Aug 28 8/20/05 Mary Jo Mahall 564 Marvis Dr OH 44140 $47.00 Check 25-Aug 29 8122/05 Debra Chelko 20506 Lake. Rd OH 44140 $47.00 Check 25-Aug 30 8/22J05 John Black 30675 Cambrid e Ct. OH 44140 $47.00 Check 29-Aug 31 8/24/05 Mary Bleisath 29223 Westlawn Dr. OH 44140 $25.00 Check -Aug 32 " 8/25/05 Cindy Brand 528 Dover Center Rd. OH 44140 $47.00 Check 29-Aug 33 8126/05 Amy Brill 31171 Huntington Woods OH 44140 $47.00 Check 29-Aug 34 8/26/05 Donald Cruse 1325 Queen Anne's Gate Westlake OH 44145 $100.00 Check 29-Au Friends of Brian Cruse Deposit 10/20/2005
Q:. 'fli4^t1 i70li 30-A R.C. 3517. 10 Full Name of Con tree C 177 70 S Ohio CamnaiQn Finance Renort ^ci (C - c^ U z^t^( ffn! Full Name of Caadidate 6E?,oA+u 4. ^^s{^^zla^^^ StmatAddress City ' v V/LL^rst3' Arreoded Report? q Yes %No Pa>Pc ery luly Moutbly Prescribed by Secretary of Smte 3/05 Post-Primary Augast Moothty Repott Hbcirunically filed? q Yes ^KNo OH'ice Sought P,c-ceae al 41 Seprember Mootbly IitA'/O12 RegisVation Number, if PAC Post-Oeaeral Temdnation q District Zip Code 5r,f/<f A ual Year Senoaooual For candidates ooly, dmiog au eiectioa year: if tatal coatnbudoaa md expenditures each total $500 or less during the combined pre- md post-periods st one election, check box. No otber fmms are requrted at a posbptinary or post-geaeml period, if above stzteanut apptiea. See R.C. 3517.10(N) fm details. EXHIBIT L THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER TIIE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION f+^wsification IS GUILTY OF A FELONY OF T FIFTH DHGREG ^ 14: n< ^/ O IS(%ei. Tr gs ^cr Cz:c. w0 A^ Pdot Name md Title (lteastua md Deputy Treasurer ouly) Sigoature Contdbutioo ^ I I Fixpendinae1c) I I Other PaBm Pages pages ^ lo- 2"I-U'S Date Total ^ry Pag- ^ D
31-A R.C.3517.10 Statement of Contributions Received Page 3 Pre.tcribed by Secretary of Siate 3/05 Nasre of Conurdnee in Full Full Name of Contdbutr ^o A n ^D ^ IE^i Z;TUT!A721T1/^^ Registration Number, if PAC A ^i^ L 'i C /I7^ /j ZE Street Address Employer/Occupadoo/Lehor Organ'vabon* Form (Cash, k etc.) tw n/vfrc4h2e (Js+ C City,EL 2^ FullNanreofCmtributor ^Tr^6L^ t.^nc-a-c 11`(^ ' Sm C) Zsp Code `1^fa^4 M D Y d! C^ 0 RegistradonNumba,ifPAC Amqunt 04io- CP40 6[^^`a Street Address loyerloccupation![zbor fimp Organ'vstioo* Form (Cash, Check etc.) cso b) I City State IZip Code ^ M D FullNameofConuibutor RegistretlonNusnber,'ffPAC ^f^i (r^/ Y Amount ^^ RL5U7-Le-^_ `4- taet Address &mployer/occupationftabor Organization* Form (Cash, Check, etc.) CK City Sta^i ZipCode M D Y Asmunt R' ^ on) 4 L( L4,F30^ o / Oa, FuRNameofContributor gistrationnumber,ifpac ao Street Address Employer/Occupatioo/labor Orgaoization" Form (Cash, Check, etc.) 2-3^ CK City Sm Zip Code M D Y Amount ) Li+rur b^ 44a1 U 5 u 0-00 o Aill Nahn of Cootributor Regutiadon Number, d'pac SneetAddresa Co,4 ILI (- rhjf: Rmplnyer/OcoupatiodlabnrOrganlzation* /AKE 2^ city State Zip Code M D Too^ - t(/esz r-fu-11 1 ';^00 = Neme of Contrlbutw egistratioo Number, if PAC WI 4 OC.QYO Streei: Address Fimployer/Occupation/Labor (hganizatlon* Fotm (Cash, Check, etc.) CK 'ty Stnte Zip Code M D Y Asrount RiH NemaofConMbutor RegutratiOnNumber,ifPAC ^^ rv StrcetAddsees p 8mployer/OccupatlonAabor Organization* Fonn (Cash, Check, etc.) / 70-0 C'e Sm TipCode M Amount City Cc ^^ G y f r^ 0 4 D Y (D -7 fl RrâName of ContrWutor RegiaCatian Nundier, if PAC Q!/k OZZr rt StreetAddreas H ployer/docupationlcabororganizatlon* Focm(Cash, g^ken:.) I F3 Uo^2 City Srnte Z'ap Cod: M D Y Asnouat ' CK WVA I L) 1 A41 qqio 0 1-7 a 96-0 ^ *Reqniredforcontributiona8omindivlduahover$100tostatewideandgenetalassemblycsadidsteaIfconaibutorisself-eoq>loyed,theoccupationandihemrsnoftlte -..--.- individual's business, if any, rather than employer should be listed. If two or more eniployees contdbute via payro0 deduetion and exceed the aggregate of $100, the labor orgsaization of which the employees are meo3ers, if any, must appear. [R.C. 3517.10(B)(4)] Page Total $
w YAHOGA COUNTY BOARD OF ELECTIONS Jeff Hastings Inajo Davis Chappell Robert S. Frost Eben O. (Sandy) McNair, IV lane M. Platten Pat McDonald Chairman Member Member Member Director Deputy Direcror September 5, 2007 Mr. Brian C. Cruse, President of Council City of 350 Dover Center Road, OH 44140 Dear Mr. Cruse, Per our conversation this date the Cuyahoga County Board of Elections only reviews initiative petitions for the validity of the signatures on each part petition. May I suggest that the City of legal counsel review the anomalies that you outlined in your letter to me dated September 5, 2007 Please contact me if I may be of further assistance. Sincerely, ^ Brent E. Lawler, Assistant Manager Campaign Finance and Petitions Candidate & Voter Services Division Phone: 216.443.6509 Email: bebelocuvahogacounty.us cc: file EXHIBIT 2925 Euclid Avenue Cleveland, Ohio 441 1 5-2 49 7 (216) 443-3200 www.boe.cuyahogacounty.us Ohio Relay Service 711
(Ci^g of Ettu Piiittge 350 DOVER CENTER ROAD BAY VfLLAGE, OHIO 44140-2299 OFFICE OF THE COUNCIL Brian C. Cruse President of Council Mark E. Barbour Council-at-large Jatne.s E. Scott Council-at-large Donald L. Zimmernran Ward I Paul A. Koomer Vice President of Council Ward 2 Scott A. Polhlkamp Ward 3 Mickae/A. Young Ward 4 Mr. Brent Lawler, Assistant Manager Campaign Finance and Petitions Candidate & Voter Services Division Cuyahoga County Board of Elections 2925 Euclid Avenue Cleveland, Ohio 44115 Re: Charter Amendment Petitions Dear Mr. Lawler: September 5, 2007 Joan Kemper, Clerk of Council, has brought to my attention as Council President that the petitions that your office reviewed contain evidence of numerous alterations. For example, Section 4.2 of all of the petitions has an alteration of the word "filing" in the fourth line. In addition, some of the petitions contain page numbers and some do not. Finally, some part petitions have alterations on the reverse side of Page No. 1 on the last two lines relating to changes of committee persons names and/or addresses. It is unclear when these alterations were made, and in some cases the same circulator seems to have circulated two different forms of the petition, i.e., one with page numbers and alterations and one without. Please investigate these alterations and advise as soon as possible. Phone:440-899-3406 Fax: 440-871-5751 Joan T. Kemper Clerk of Council I also note that from your previous letter to me you state signature requirements for this charter amendment. The city is in receipt of two different signature requirements. After you complete the above investigation, please provide us with your final determination as to the number of signatures required and your final determination as to the valid signatures that appear on valid petitions. inorely, Sl Av/ St/:; T '.l-i L(j6S0G3h Bnan C. Cruse, President of Council City of, Ohio
Petition Statistics 9/5/2007 1:02:05PM BAY VILLAGE CHARTER AMEND SEC 135 BAY VILLAGE Petition ID: 3976 R802.01 Total Sigs Required 1,444 Total Sigs Submifted 907 Total Lines Verified 916 Total Challenged BLANK 4 - BLANK LINE Total 10 DUP DUPLICATE Total 10 ILL 8-ILLEGIBLE Total 12 NA 5 - NO ADDRESS Total I NG 2 - NOT GENUINE (SIGNATURE) Total 7 NR 1 - NOT REGISTERED Total 41 NRA 3- NOT REGISTERED AT Total 9 WD WRONG DISTRICT Total 1 TOTAL 91 Total Valid : 825 BLANK DUP ILL NA NG NR NRA WD Total 08/30/2007 825 10 10 12 1 7 41 9 1 916 Total 825 10 10 12 1 7 41 9 J 1 916 1
TO ALL MEMBERS OF COUNCIL AND THE MAYOR: A Special Meeting of the City Council will be held on Thursday, September 6, 2007 at 6:30 p.m. in the Council Chambers of City Hall, 350 Dover Center Road, to take action on the items listed below: 1. Pledge of Allegiance *Koomar* 2. Roll Call 3. Miscellaneous/Announcements 4. Ordinance concerning a Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter*Koomar* 5. Adjournment Brian C. Cruse President of Council Charter Reference 2. 11 EXHIBIT
Taft/ Taft Stettinius & Iiollister LLP 200 Public Square, Suite 3500 / Cleveland, Ohio 44114-2302 / Tel: 216241.2838/ Pax: 216.241.3707 / www.taftlaw.com Cincinnati / Columbus / Cleveland / Dayton / Covington STEPHEN M. O'BRYAN 216-706-3B96 sobryanqtaftlaw.com September 10, 2007 VIA E-MAIL Gerald W. Phillips Philiips & Co. L.P.A. PO Box 269 Avon Lake, Ohio 44012 Re: Taxpayers' Demand-Proposed Charter Amendments Dear Mr. Phillips: This letter is in response to your letter to Gary Ebert, Law Director of the City of, dated September 6, 2007. In that letter you have requested that the Law Director bring suit against the City to compel it to submit the proposed charter amendments to the electors. As you know, the City has retained me to review and investigate this matter in light of the Law Director's possible interest in this issue. As you are also aware, since you attended Thursday night's special council meeting, we have reviewed your petition, the relevant law and your various letters to the City. Based upon same, it is our opinion that Council has not violated its duty and, thus, you are hereby advised that no taxpayers' action will be filed as you request. Of course, if you have any questions or comments respecting this letter, please let me hear from you. Very truly yours, Stephen M. O'Bryan Special Counsel, City of SMO/ep EXHIBIT {K0368291.1}
PETITION FOR SUBMISSION OF PROPOSED AMENDMENT TO CHARTER S" Ir NOTICE Whoever linowingly signs this Petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution. To the Clerk of City Council, the legislative authority of the City of, Ohio: We, the undersigned electors of the City of, Ohio, respectfully petition the legislative authority, the City Council of the City of, to forthwith provide by Ordinance, for submission to the electors of the City of, the following proposed amendment to the Charter of to-wit: Proposed Charter Amendment A Proposed Charter Amendment to provide for the election of the Director of Law by the electorate, and to provide for the office of the Director of Law by amending Sections 4.2, 4.3, and 11.2 of City Charter Section 4.2 Directors of Departments EXHIBIT 1 40 The head of each department shall be a director appointed by the Mayor and who shall serve at the pleasure of the Mayor, except for the Director of Law who shall be elected. No appointment as a head of a department shall be effective except with the concurrence of a majority of the total number of Councilman provided for in this Charter. Upon the expiration of the term of the office of the Mayor, due to lapse of time, the person fillingthe next succeeding term of the office of the Mayor shall at the first meeting of Council after he has assumed office, submit to Council, as if an original appointment the names of all department heads. Should a majority of the total number of Councihnan provided for in this Charter fail to approve any or all of the names so subniitted within thirty (30) days after said first meeting of Council, the positions occupied by the persons who were not so approved shall become vacant at the expiration of said thirty (30) days, and such persons shall be automatically discharged from said position. The Director of Law shall be duly admitted to the practice of law in the State of Ohio. Section 4.3 The Director of Law. A) Elective Office: The Director of Law shall be an elective office conunencing with the year 2009. The Director of Law shall be elected for a term of four (4) years, except that the first term of office upon the effective date of this provision in 2009 shall be for a three (3) year term commencing the first day of January 2009. The initial term of the Director of Law shall be filled by an election to be held at the general election to be held in 2008 pursuant to the terms and provisions of this Charter for elections and nominations for elective offices. He or she shall assume office on the first day of January following his or her election, and serve until his or her successor is elected and qualified. B) Duties: The Director of Law shall serve the Mayor, the administrative officers, and departments, Council, officers and boards of the Municipality as legal counsel and attomey and shall represent the Municipality in all proceedings in court or before any administrative body. He or she shall act as the prosecuting attomey before the Mayor or upon any appeal from the decision of the Mayor. He or she shall perform all other duties now or hereafter imposed upon solicitors in cities by the laws of the State unless otherwise provided by ordinance of the Council or by this Charter, and perform such other duties as the Council or Mayor impose upon him or her consistent with his or her office. The Director of Law shall be an employee of the Municipality, and he or she shall not hold any other elective or appointive public office for compensation. He or she shall be permitted to maintain a separate law practice or business notwithstanding his or her position as Director of Law. C) Qualifications: The Director of Law shall have been for at least three (3) years immediately prior to his or her election both a resident of the Municipality and a qualified elector thereof and shall continue as both a resident and qualified elector of the Municipality during his or her term of office. The residency requirement may be waived in an emergency of temporary duration not exceeding six (6) months by a two-thirds (2/3) vote of the total member of Council provided for in this Charter. He or she shall be duly admitted to the practice of the law in the State of Ohio and shall continue to be duly admitted to the practice of law in the State of Ohio during the term of his or her office. He or she shall have practice law in the State of Ohio continuously for at least three (3) years prior to his or her
election to public ot3ice. D. Compensation: The Director of Law shall be paid such compensation as Council by ordinance shall provide. E. Removal: The Council may remove the Director of Law for gross misconduct, malfeasance, misfeasance and nonfeasance in or disqualification for office, or for the conviction in office of a crime involving moral turpitude, or for a violation of his or her oath of office, provided however that such removal shall not take place without the concurrence of two-thirds (2/3) of the total number of Councilman provided in this Charter nor until the Director of Law shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine witnesses appearing in support of such charge. Section 11.2 Nomination Any qualified person may be placed in nomination for any elective office created by this Charter or by Council by: a) A petition or petitions, in the case of a candidate for ward Councilman, signed by the registered voters of the Municipality residing in sucli ward in a number of not less than three per cent (3%) of the vote cast at the last regular municipal election in such ward; b) A petition or petitions, in the case of any candidate for any elective office other than ward Councilman (including without limitation, a candidate for Mayor, a candidate for Director of Law, for President of Council, or for Councihnan at Large), signed by the registered voters of the Municipality in a number not less than three per cent (3%) of the vote cast at the last regular municipal election in all of the precincts comprising the Municipality. Such petition or petitions when filed must be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his name and after his name shall designate his residence. A registered voter may sign as many nominating petitions for different candidates for a particular elective office as there are elective positions to be filled in that office at the election for which the petition is filed. We hereby designate the following petitioners as a committee to be regarded as filing this petition or its circulation: Lucian A. Dade, 584 Bradley Rd.,, Ohio 44140; Eric Hansen, 30401 Ednil Dr.,, Ohio 44040; and Karen Dade, 584 Bradley Rd.,, Ohio 44140; Signature (Written in Ink or Indelible Penci Place ofresidence Street and Number Date Dav Year 1. ^ ^^ app ftws5<7f 2. -2 'z,.'y.. 0^ y-i t y`,4 Zoa] 3. S 3^'L Q ^ 7 3 pn 4. L/ f' G/K r ird ^^ 7 5 J?^ p1 6. U ^ ^ G^'.2/1^ ^. l.- ^ ^. '1, ^ ^. ^ ^.: - l. ^_ ^.. -/18ay-Vlilla ti t 7. il ^//O c^lic n /ZA 7 7 6 7 8. ^' ^^ r_. / 5-09 ^ 9. L -) 8 Q,