The Morning Journal (Lorain, OH)
Dimacchia leaves Charter Commission
The Lorain Charter Commission has lost a member, bringing the board down to 14 in number.
Tony Dimacchia, an elected at-large Councilman for Lorain, also won a seat on the commission. On Nov. 3 he was the third highest vote-getter among the 35 candidates running for 15 seats on the commission.
On Jan. 15, Dimacchia stepped down from the post because Ohio law bars elected city council members from serving on city charter commissions.
“First, I want to thank the residents of the City of Lorain for having the confidence in me to represent the city and resident’s best interests as a member of the Charter Commission,” Dimacchia said in his letter of resignation sent Jan. 14 to Nancy Greer, clerk of Lorain City Council.
“In the November election the voters of Lorain overwhelmingly supported me to serve on the commission knowing that I would serve with integrity, honesty and transparency,” he said. “They trusted that I would be committed to work hard to establish a charter form of government that would better the city for many years to come. And for that I am extremely grateful.”
Possible replacement
Lorain Charter Commission Chairwoman Terri Soto said she will consult city Law Director Pat Riley on Jan. 19 to discuss legalities about naming a replacement for Dimacchia.
In the election last year, Councilman-at-Large Mitch Fallis was No. 16 in the voting, according to Lorain County Board of Elections. But he would be subject to the same prohibition as Dimacchia and could not hold both jobs, said Soto, who also serves as Lorain’s elected treasurer.
The 17th vote-getter was Mallory Santiago, who works as an assistant law director and city prosecutor in Riley’s office.
Stepping down
Dimacchia cited the legal opinion by Riley, who responded to a legal challenge by Avon Lake attorney Gerald Phillips.
On Jan. 13, Phillips demanded Riley “immediately bring forth the necessary legal action” to remove Dimacchia and Lorain Council President Joel Arredondo from City Council.
Both were elected to the commission.
Phillips’ demand was based “upon grounds that they cannot hold another office of public trust or public office while a councilman.”
Riley noted Ohio law and the 1971 Ohio Attorney General’s Opinion about city council members and charter commissions. He concluded “that members of Lorain City Council may occupy the position of charter commissioner or city councilman, but not both positions simultaneously.”
But the same provisions do not apply to Arredondo, Riley said.
The city council president is part of the executive branch of city government, but not part of council, which is the legislative authority of Lorain. Therefore, Arredondo may continue serving as a member of the commission, Riley said.
He declined to take legal action to remove Dimacchia or Arredondo. But Riley said he expected his legal opinion to guide their future actions.
Continuing work
Dimacchia said he believes the issue should be challenged, but it was not time for him to do that. Instead, “I believe based on his opinion it is in the city’s best interest for me to step down so that this challenge does not distract from the enormous amount of work the commission has to complete,” he said.
“I will refocus my energy and efforts on my re-election to Lorain City Council at Large so I can continue the work that needs to be done for our residents and the future of Lorain,” Dimacchia said.
Other conflicts?
Phillips worked with the group Lorain Citizens for Fair Water-Sewer Bills LLC. On Jan. 13, that group published a statement questioning whether other Lorain elected officials have a conflict of interest in drafting a city charter that could affect their jobs.
For example, Mayor Jack Bradley, Auditor Karen Shawver and Clerk of Courts Ted Kalo all are elected officials who also were elected to the Charter Commission.
Phillips stated that “although no direct statutory authority appears to exist to prohibit these other public officials from being members of the city charter commission, the common law principles of incompatible offices would apply to these public officials.”
“Lorain Citizens feel that these public officials have hijacked the Lorain City Charter Commission and will be looking out for their own ‘self interests’ and not the interests of the residents and electors of the city of Lorain,” the group said.
A statement on the group’s social media page called Dimacchia’s situation a “win and lose for everyone,” because Dimacchia speaks up for citizens, but the law is the law.