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Board nixes petition to recall councilor

July 31, 2014

On July 23, Waynesfield Village Council held an emergency meeting to address the abolishment of the position of village administrator and return to having a locally elected board of public affairs.

The second reading of the proposed ordinance ended in a tie, with council members Bill Motter, Dick Hardin and Sharon Ewing voting in favor of the change and Glen Valenti, Vickie Zimmerman and Rich Libby voting to retain the village administrator position.

In the meantime, Waynesfield resident Barb Earl, a supporter of keeping Village Administrator Fred Rowe, circulated a petition to ask for a recall of Motter’s position on council, which resulted in 54 signatures.

A special meeting was held Wednesday by the Auglaize County Board of Elections to go over that petition and make a decision on whether a recall is an option.

Present at the meeting was Auglaize County Prosecuting Attorney Ed Pierce, on hand to help define the steps to be taken in association with the petition and its validity.

According to Pierce the petition was filed in pursuance of Section 705.92 of the Ohio Revised Code, which calls for the procedure for removal of elected officer by recall.

“It is pretty clear, as a matter of fact it is absolutely clear from the decision of the Ohio Supreme Court that Section 705.92 of the revised code has no application and is not a valid procedure for conducting a recall vote on a village official under these circumstances,” Pierce said. “705.92 is found under Section 705 of the revised code and specifically these sections are applicable to municipalities that have formed an alternate form of government like a charter village or charter municipality.”

For the full story, see the Thursday, July 31 edition of the Wapakoneta Daily News.
 

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