The Morning Journal (Lorain, OH)
Commission votes to hire 2
Attorney to provide expertise in municipal law; stenographer to transcribe meetings; group passes on hiring consultant
A lawyer with more than 44 years’ experience in municipal law will lead discussion about forming new rules of city government in Lorain.
The Lorain City Charter Commission met Feb. 2 to hire consulting staff to assist with its deliberations on the city’s foundational document for government.
The Commission voted unanimously to hire attorney Garry Hunter of the Ohio Municipal Attorneys Association Service Corp. to offer background, legalities and possibilities for changes to governance of local government in the city.
Hunter spoke to the group via telephone and answered questions about his proposal and qualifications.
He served as the elected law director of Athens for 30 years and for Nelsonville for 25 years. Hunter is legal counsel for the Ohio Municipal League and Ohio Municipal Attorneys Association.
Hunter has published articles and has additional professional affiliations.
His services will include attending Charter Commission and Lorain City Council meetings, researching issues and working with the Commission “to design the charter that will be presented to voters.”
Hunter will charge $300, capped at $20,000. That does not include legal fees if there is litigation filed over the charter.
Taking notes
Hunter scored the highest among three firms that turned in their credentials and were graded by commission members.
Several members inquired about a proposal from Columbus-based Bricker & Eckler LLP because it appeared the firm could provide all services needed for the commission, except a stenographer to record the meetings. That would have allowed the commission to hire one law firm and a stenographer.
Instead, the commission voted 15-0 to hire Rocky River-based Fox Reporting to serve as official transcriber of the meetings. Colleen Fox, operator of Fox Reporting of Rocky River, said she has more than 33 years’ experience recording court proceedings, depositions and hearings.
Her rate is $65 an hour and $4 per transcript page.
No consultant
The commission voted 13-2 to not hire an independent consulting expert in local government.
Larry Keller, a Cleveland State University associate professor emeritus who consulted with city governments on charters, and Lorain resident Kathryn Kennedy, who made her career in banking and accounting, offered qualifications as consultants.
Commissioner Dennis Flores and Lori Olson dissented
in that vote. Olson noted Keller is an expert on Ohio government charters and the commission could get a lot of information from him.
Clerk duties
The members praised the work of Nancy Greer, clerk of Lorain City Council, and Deputy Clerk Breanna Dull for drafting meeting agendas and keeping track of the paperwork so far.
They asked if Greer and Dull would continue those duties. Greer said she preferred to wait until the commission consults with its new lawyer, and was unsure if she and Dull could commit to four meetings a month.
The Clerk of Council serves as record-keeper for the city governing board. Council has at least two meetings a month and with committee calls, generally meets at least three or four times a month.
New member
Mallory Santiago took a seat as the 15th charter commissioner.
Santiago, an assistant law director and city prosecutor for Lorain, ran for a seat last year and was the 17th highest vote getter. She fills the seat left vacant when Commissioner Tony Dimacchia, an elected city councilman-at-large, stepped down because Ohio law bars elected village or city council members from serving on a charter commission.
Santiago did not comment publicly filling the post, but noted Hunter was an expert in Ohio government law in the times she sought his advice on issues.
The commission cited a legal opinion from attorney Pat Riley.
He stated Ohio law and legal precedent promotes the rights of voters and it was clear to Lorain voters, before voting, that there would be 15 members on the commission.
Having 15 members also “serves to promote the will of the people by assuring that ‘dead-lock’ in the charter formation process is avoided, that a charter be timely framed and that the charter be presented to the electors for vote in a timely manner.”
Riley is Lorain’s elected law director, but under Ohio law, the legal opinion was not one from his office. When the commission hires its own legal counsel, that lawyer may have a different conclusion, he said.
From the public
The commission has begun receiving suggestions from the public, usually sent via email.
Ward 2 Councilman Rob McFarland asked to consider changing council terms from two years to four years.
Carrie Buckley suggested combining the city auditor’s office and treasurer’s office into one financial department.
Cathy Conley, who attended the commission’s open meeting on Jan. 26, thanked the commissioners for their commitment to the people and city of Lorain. She said she hopes the commissioners “will not feel pressure from individuals outside the commission with their own personal agenda.”
Garon Petty sent a link to an online video he posted for the commissioners.
Lay Brother Steven Gerard Sidlovsky asked for time to speak to the commission about a Life Peace Zone in the city.
Meeting online
The commissioners agreed 15-0 to meet online, at least for the near future.
Vaccines are becoming available against the novel coronavirus pandemic. Even so, Lorain County, Ohio and the United States remain in pandemic conditions, with some predictions of another wave in late March or early April, said Commissioner Jack Bradley. He is Lorain’s elected mayor and earlier in the day was part of the online meeting of the Lorain County Community Protection Team, a coronavirus work group.
The commissioners agreed public safety is paramount, and it also may be easier to meet online more frequently, instead of gathering in person.
Future meetings will be online with login information at cityoflorain.org.
The other commission members are Chairwoman Terri Soto, Vice Chairman Joel Arredondo, David Arredondo, Tim Carrion, Ted Kalo, Mary Santiago, Karen Shawver, Rick Soto, A.J. Torres, Ruben Torres and Jessie Tower.