County coroner protests change of government vote proposal

Lorain County Coroner Dr. Stephen Evans has filed a protest against a possible countywide vote on changing Lorain County’s form of government.

Evans filed his protest on Aug. 2 at the Lorain County Elections Board. That date was the deadline for voters to file their formal protests on the issue.

The board will send the protest to Ohio Secretary of State Jon Husted’s Office for a determination,

said Paul Adams, director of the Lorain County Elections Board.

The coroner’s protest is the latest move in a series of actions about a possible ballot issue on a new charter form of government for Lorain County.

On July 31, Husted notified the county Elections Board that he voted in favor of allowing a countywide vote on the issue. Husted broke a 2-2 tie vote of county board.

In his written protest of Aug. 2, Evans cited three legal reasons to oppose Husted’s ruling. Evans argued legal flaws in the charter and the petition and a violation of the Ohio Constitution in the proposed charter for a new form of government.

There could be a vote to correct that violation by amending the charter, but that timing also is flawed, Evans said. Voters would consider the amendment in November 2018, pushing the election for new county commissioners to November 2019 to take office in 2020, he said.

The charter would eliminate the offices of coroner, treasurer, clerk of courts, engineer and recorder on Jan. 1, 2019, leaving those offices

vacant for more than a year, Evans said. The duties of those offices could not be performed, he said.

“Therefore, the charter violates the constitutional mandate that it must form a functional government,” Evans said.

Just as important, the proposal attacks the integrity of the coroner’s office, Evans said.

“In the proposal is a proposal to get rid of the coroner’s office. Obviously, I’m not in favor of it,” Evans said, noting the plan eliminates the power of citizens to vote for the coroner.

“I just don’t think that’s right,” he said. “The coroner should be elected.”

The Lorain County charter government would replace the county coroner with a medical examiner who would be appointed by the new seven-member board of county commissioners.

The medical examiner would be a licensed physician and would have powers “established by ordinance that are not inconsistent with those provided by general law for county coroners,” according to the draft county charter.

However, the medical examiner would be beholden to a group of politicians, not the entire population that elected a coroner, Evans said.

The office of county coroner

is rooted in almost 1,000 years of history, dating back to medieval England, he said.

American law historically is rooted in English law and while the duties of the coroner have evolved, the coroner remains the highest legal authority at the scene of an investigation of the death of a person, Evans explained.

In the county charter movement, it appears voters could be misled to believe they will have more of a voice in county government, Evans said. However, that is not the case when citizens no longer get to vote for certain positions in county government, he said.

“It’s taking away people’s right to vote and I just don’t think they should be taking away the people’s right to vote,” Evans said.

Opponents of the change of government petitions have alleged the movement is a way for Lorain County Republicans to gain power in county government.

Husted, a Republican, sided with county Elections Board member Marilyn Jacobcik and Helen Hurst, both Republicans, to break the tie vote. Board members Thomas Smith and Anthony Giardini, both Democrats, voted against having a countywide vote on the issue.

Evans also is a Republican, according to Election Board records.