In an early article that I had written entitled, “Ohio Local Government Structures.” I made a couple of statements at the very end of that article, which I don’t want my readers to be confused about on how I feel about the Charter form of government.
I stated; “That the Charter form of government is killing our city!” And, I stated; “A change in the form of our city’s government is desperately needed!” What I should have further explained that in my view, some major changes within the Charter should be made by our elected councilmen or by the citizens by the “Power to Initiate Ordinances” which is Section 14 of our Charter.
I sincerely believe that the Charter form of government is the best form of government for the citizens of Portsmouth, Ohio. I will attempt to clarify my logic as to why I have arrived to this conclusion.
In municipal government you have basically three types or forms of government. They are: General Statutory Law of Government, Optional Statutory Law of Government and Charter Law of Government.
General Statutory Law of Government is permitted by ORC Chapters 731 and 733. Under this form of government the executive and legislative bodies are set up as follows.
General Statutory Law of Government
Ø Executive offices of mayor, president of council, auditor, treasurer and city solicitor are elected positions. {Charter forms of government do not elect president of council or treasurer.}
Ø Legislative offices holders are from 7 to 17 people, depending on population are also elected. {Charter forms of government have councilman.}
Ø Municipal mayors, who are the chief executive officers, may appoint or remove the various department heads, such as police chief or public service director, appropriate to the municipality. {Charter forms of government allow the mayor to perform the same task and are considered the chief executive officer as well.}
Ø President of Council presides at council meetings, but has no vote except in the case of a tie. {Charter forms of government allow the President of Council to preside at council meetings but, allow them to have a vote every time. Or at least ours allows it.}
Ø Auditor keeps books of the municipality and makes certain that sufficient appropriated funds are available before vouchers are issued. {Charter forms of government do the same.}
Ø Treasurer receives and disburses all funds, and must keep an accurate account of them. {Charter forms of government do not have to have this office.}
Ø City Solicitor prepares all contracts and other documents for the city, and provides legal counsel for city offices. {Charter forms of government conduct in the same manner.}
Optional Statutory Law of Government is permitted by ORC Chapter 705. Under this form of government the executive and legislative bodies are set up as follows. There are three plans for Optional Statutory Law of Government. All may be adopted by the voters.
Commission Plan
Ø The only elected officers are three to five commissioners, who hold both legislative and administrative authority.
Ø They elect one of their bodies as chair.
Ø The commissioners appoint the offices of treasurer, auditor, clerk and solicitor.
City Manager Plan
Ø A council of five, seven or nine is elected as the legislative authority.
Ø The council then appoints a city manager who is chief administrative officer.
Ø The council then appoints the offices of treasurer, auditor, clerk and solicitor.
Federal Plan
Ø The office of mayor is elected and then holds executive authority.
Ø Five to fifteen council members are elected and then hold legislative authority.
Ø Council then appoints the offices of treasurer, auditor, clerk and solicitor.
Optional Statutory Law of Government is not commonly used, primarily because the Charter form of government is made available by the Ohio Constitution.
Charter
With the Charter form of government, the municipality may develop any form of government that its voters approve. The Charter form of government allows the municipality to “fine-tune” its form of government, instead of adopting one of the prescribed plans. The Charter has been used extensively in Ohio to enhance the home rule authority of municipalities.
Charter governments allow a local community to create its own constitution about the style and responsibilities of its local government. The Municipal Research & Services Center of Washington says a charter government allows a community to use a form of government different to that laid down by state law. In matters outside of local issues state and federal law still applies.
Responsibilities
When using a charter government a local community has the opportunity to define the roles and responsibilities of local officials to meet the area's specific needs. The Municipal Research & Services Center of Washington says that when specific roles and responsibilities of local government officials are not specifically laid down by the charter government, the role laid down by state law applies.
There are a couple sections in our Charter that are of great importance to us as citizens. These sections grant the citizens the opportunity to change any part of our government or the elected officials as we see necessary. We as the citizens should feel obligated and compelled to make the changes in our Charter and our elected officials as often as needed.
The single biggest problem with this city is that we can’t get along about anything! For instance, we have more schools in our county than probably any other county in the state of Ohio. Churches! I can stand at the top of the steeple of one church an throw a stone in any direction and hit the steeple of another church. We are so divisive over what schools to send your children to and what denomination of church to bring your children up in.
Folks, the bluebloods of this town, the old money and heavy hitters have caused this turmoil among the citizens of this city. Diversions orchestrated to occupy the minds and body, while the real damage is done by cloak and dagger!
David Brin an American science-fiction writer born in the middle of the last century said; ““It is said that power corrupts, but actually it's more true that power attracts the corruptible. The sane are usually attracted by other things than power.”
I have heard people shout and talk about we need to scrap the Charter! We need to go back to the City Manager style of government. No, we don’t people! We need to make the changes to the Charter! We need to make the old money and heavy hitters understand that the citizens are in charge! We need to replace the elected officials who won’t or refuse to do the will of the people or who want to become career politicians! Politicians should want to serve their people and city, not make a living at it! Term limits are the great equalizer! And, if an elected official sneaks by or turns corrupt while in office. Recall him! But, you can’t do any of that!
Above is a diagram of the Organizational Chart of our current Charter form of government.
