This Ohio town had multiple officials in same roles. Now, its charter could be wiped out

NELSONVILLE, Ohio (WCMH) – A southeastern Ohio city is clashing with its citizens over the proper way to abolish its current system of government, raising questions around citizens' ability to determine how they are governed.

For the second time in 10 years, Nelsonville's city charter is under fire. On Monday, City Council unanimously passed an ordinance to send a citizen-led petition to abolish the city's charter to the Athens County Board of Elections, in compliance with a court order to do so. But the case is still in appeals, and the initiative is not yet on the ballot.

Nelsonville's government under the charter has had a tumultuous few years. Lawsuits and resignations have plagued the local government. Since last November’s election, 10 councilmembers and two city attorneys have served, often simultaneously. In March, one particularly puzzling meeting saw nine councilmembers, two council presidents and two city attorneys, all asserting themselves as legitimate.

On July 1, a judge determined two councilmembers’ claims to be illegitimate, leaving seven councilmembers as the proper number under the charter. The city website does not specify this, however, and still lists nine possible councilmembers. Board President Gregg Clement confirmed to NBC4 there are seven current members of the council. He did not respond to a request to specify who those people were.

Currently, City Manager Tom Cangemi has been on paid administrative leave since July 29 after allegations of misconduct. Nearly two months later, the investigation -- handled by an outside firm -- remains ongoing, and NBC4 is still waiting on relevant public record requests. Police Chief Devon Tolliver is serving as both chief and interim city manager. As these upheavals in management arose in just one year, some citizens said they have grown weary of the current system.

The Ohio Constitution gives cities and towns the right to establish charters to create local laws. And just as they are able to establish charters, they also have the right to abolish them. The Ohio Supreme Court has ruled charters can be repealed through an election. But Nelsonville Legal Director Jonathan Robe said the process for how to do so has not been made clear.

According to the city charter, citizens are allowed to propose ordinances and resolutions, which can either be implemented by the council or through an election. A citizen-led petition was filed in June, bearing 180 signatures and requesting the city return to the form of government it had before the charter’s establishment in 1995.

Those who filed the petition expected councilmembers to vote to send it to the county board of elections on July 8. However, Council argued the petition's legality, and the issue has since gone to court. A judge sided with citizens and ordered Nelsonville to send the measure to ballot, a decision that was upheld as the city appeals. That appeal now awaits a ruling.

Robe said that the city believes the charter must be abolished through procedures set at the state level, not through the charter. He said if the charter could be dissolved through an ordinance or resolution, it would open a host of concerns about unchecked power, as councilmembers could alter the government themselves. And if the vote were successful, opponents would be able to challenge the outcome.

But Daniel Klos, the attorney representing the citizens behind the initiative, said the charter does not lay out any relevant restrictions toward citizen-led initiatives. He said the charter is "fairly clear" about how citizens can make changes.

This issue has been raised before. In 2015, Nelsonville citizens -- some of whom are also behind the current petition -- attempted to pass an initiative to abolish the charter but were unsuccessful. A 2015 memorandum from then-city attorney Garry Hunter said the charter could not be abolished through city-determined procedures.

“[The charter section regarding citizen petition rights] pertains to initiative, referendum and recall petitions other than the abolishment of a charter,” Hunter wrote. “The creation and abolishment of a city charter is authorized and regulated by the Ohio Constitution.” 

Klos argues they are operating under the charter's procedures. He also questioned why anyone would be opposed to sending the issue to the ballot.

“I think it’s very important in our form of a republican democracy that people get to choose,” Klos said. “Nelsonville relators [citizens involved] in this case would like the people to decide how they are governed.”

Robe said the city does not deny the right to abolish a charter but said it cannot ignore the legal questions that have been raised.

“The city deserves certainty and the voters deserve certainty,” Robe said.

Robe said he would guess an appellate decision would come in mid-October but added he would not be surprised if final judgment ended up with the Ohio Supreme Court, whose representatives said they could not comment on pending litigation. NBC4 also reached out to representatives for Ohio Attorney General Dave Yost for legal clarity but did not receive an immediate response.

"I am not sure about anything in this case, but I am sure that the Supreme Court will not have time to hear this before November,” Robe said.

Robe also said the city had concerns about adding it to the ballot so late, especially as overseas ballots were sent out last week. According to the Athens County Board of Elections, 1,458 Nelsonville residents voted in the last presidential election, and just two voters used overseas ballots.

If the initiative went to vote, passed and remained unchallenged, Nelsonville would return to its form of government before 1995, which included an elected mayor. According to the initiative, the change would be implemented Jan. 1, 2026.