Early term questions for city administrator
Lead Summary
By
Rory Ryan-hcpress@cinci.rr.com
It's been an eventful first month for the new mayor of Hillsboro. (And the month isn't even half over.)
Each new event seems to prompt a different response from a different citizen. Some insist they want to "go on the record," while others insist on anonymity.
More than one local attorney has asked about the new mayor's compliance with the Ohio Revised Code, specifically to terminate the employment of one deputy law director and appoint a different deputy law director.
As I have tried to live a moderately respectful existence, I am grateful that God did not attempt to make a lawyer of me. Moreover, being that the city council president is an attorney, as is the city's newly appointed deputy law director, one can only conclude they understand the terms set for in Ohio Revised Code Chapter 733.01-04.
For the record:
• ORC 733.01 outlines the executive power in Ohio cities. It states: "The executive power of cities shall be vested in a mayor, president of council, auditor, treasurer, director of law, director of public service, director of public safety, and such other officers and departments as are provided by Title VII [7] of the Revised Code. Such executive officers shall have exclusive right to appoint all officers, clerks, and employees in their respective departments or offices and remove or suspend any of such officers, clerks, or employees, subject to the civil service laws.
• 733.02 states: "The mayor of a city shall be elected for a term of four years, commencing on the first day of January next after his election. He shall be an elector (i.e. voter) of the city."
• 733.03 states: "The mayor shall be the chief conservator of peace within the city. He may appoint and remove the director of public service, the director of public safety, and the heads of the sub-departments of public service and public safety, and shall have such other powers and perform such other duties as are conferred and required by law."
• 733.04 states: "The director of public service, director of public safety, directors of the university, street commissioner, or any officer or member of a board, whose appointment is required by Title VII [7] of the Revised Code shall be appointed not earlier than the second Monday in January and not later than the first Monday in February.
As some of our alert readers have mentioned, in Chapter 733.03, Ohio law does not appear to give a city mayor the power to remove or appoint a deputy law director.
The same alert readers have pointed out that ORC Chapter 733.04 does not appear to give a city mayor the authority to appoint a safety and service director prior to the second Monday in January.
Ohio laws – not unlike federal laws – were, more often than not, well reasoned and well thought out prior to their enactment. Ohio's lawmakers and governors most likely had good reason to limit a mayor's ability to make employment appointments. Ohio's lawmakers and governors most likely had good reason to restrict the immediate appointment of certain positions. (If nothing else, perhaps a minor delay in such appointments would allow time for the advice and consent of city council, even if not legally mandated.)
If my own research is accurate (and by all means, do your own research, please; just go to http://codes.ohio.gov/orc/733.01), the effective date of ORC 733.01 is Nov. 1, 1977. The effective date of ORC 733.04 is Oct. 1,1953.
What this indicates is that the Ohio Legislature and Ohio citizens have been satisfied with these legal sections and have not amended them for nearly half a century and more than half a century, respectively. Simply put, the statutes are specific and logical.
Granted, certain "home rule" provisions may allow a city to make its own rules – but only so long as those local rules do not supersede state law (that's according to an Ohio Attorney General lawyer). In other words, it is conceivable that Hillsboro City Council could pass – and possibly has – a resolution that its $72,000-a-year safety/service director begins his term on Jan. 15 of each year, but could not pass a resolution that he begin his term on Jan. 1 of each year. Perhaps council also could – and possibly has – passed a resolution on other appointment and termination powers of the mayor.
Among the many questions The Highland County Press has received is this: If the mayor can fire and appoint a deputy law director, can he do the same with the deputy auditor's position, or similar positions in other city departments?
The apparent answer may very well be "Yes," as long as the respective department heads – or city taxpayers and voters – do not object.
In the aftermath of the unfortunate fire in Hillsboro on Sunday, Jan. 8, we were informed by the Hillsboro fire chief that he is under new orders not to speak with the media and that all press communications must come through the mayor's office. This information was relayed by the chief on Jan. 11, shortly after a telephone interview with the newspaper.
Later, the new city safety and service director informed us that the fire chief misunderstood the directive, and that it only applied to written news releases, saying, "The administration is going to be completely transparent. City government works with the city, and there shouldn't be any mystery. We're working for them."
Given that this newspaper and other Ohio media have, historically, enjoyed access to city department heads, be they elected or appointed, the alleged restriction seems more than a bit incredulous.
The humor of it all is that when asked specific questions about the fire, the safety and service director admitted he's "not a fire investigator" and would have to seek answers from the chief. Calls to the new mayor were not returned.
Granted, to the best of my knowledge, there's nothing in the Ohio Revised Code that requires a city administrator to grant interviews with the media. We're fine with that, too.
But as the local conduit for providing local news and information to thousands of Hillsboro residents and many more thousands in Highland County, we will always let you know that we did, in fact, try to get answers to your questions. On those occasions when we are less than successful, we'll also let you know why your public officials placed obstacles in our path.
One thing is certain: We will have access to public records.
As far as local interviews with those working under any restrictions, let me say this: I've worked with local mayors and city department managers for more than 20 years without having access restrictions imposed. It would be nice to continue that for the next four years.
And as a show of good faith, let's all be willing to chalk some of these concerns up to a new and inexperienced mayor, rather than assume otherwise. After all, it's been an eventful first month. We can afford a little on-the-job training.
Rory Ryan is publisher of The Highland County Press.[[In-content Ad]]
Each new event seems to prompt a different response from a different citizen. Some insist they want to "go on the record," while others insist on anonymity.
More than one local attorney has asked about the new mayor's compliance with the Ohio Revised Code, specifically to terminate the employment of one deputy law director and appoint a different deputy law director.
As I have tried to live a moderately respectful existence, I am grateful that God did not attempt to make a lawyer of me. Moreover, being that the city council president is an attorney, as is the city's newly appointed deputy law director, one can only conclude they understand the terms set for in Ohio Revised Code Chapter 733.01-04.
For the record:
• ORC 733.01 outlines the executive power in Ohio cities. It states: "The executive power of cities shall be vested in a mayor, president of council, auditor, treasurer, director of law, director of public service, director of public safety, and such other officers and departments as are provided by Title VII [7] of the Revised Code. Such executive officers shall have exclusive right to appoint all officers, clerks, and employees in their respective departments or offices and remove or suspend any of such officers, clerks, or employees, subject to the civil service laws.
• 733.02 states: "The mayor of a city shall be elected for a term of four years, commencing on the first day of January next after his election. He shall be an elector (i.e. voter) of the city."
• 733.03 states: "The mayor shall be the chief conservator of peace within the city. He may appoint and remove the director of public service, the director of public safety, and the heads of the sub-departments of public service and public safety, and shall have such other powers and perform such other duties as are conferred and required by law."
• 733.04 states: "The director of public service, director of public safety, directors of the university, street commissioner, or any officer or member of a board, whose appointment is required by Title VII [7] of the Revised Code shall be appointed not earlier than the second Monday in January and not later than the first Monday in February.
As some of our alert readers have mentioned, in Chapter 733.03, Ohio law does not appear to give a city mayor the power to remove or appoint a deputy law director.
The same alert readers have pointed out that ORC Chapter 733.04 does not appear to give a city mayor the authority to appoint a safety and service director prior to the second Monday in January.
Ohio laws – not unlike federal laws – were, more often than not, well reasoned and well thought out prior to their enactment. Ohio's lawmakers and governors most likely had good reason to limit a mayor's ability to make employment appointments. Ohio's lawmakers and governors most likely had good reason to restrict the immediate appointment of certain positions. (If nothing else, perhaps a minor delay in such appointments would allow time for the advice and consent of city council, even if not legally mandated.)
If my own research is accurate (and by all means, do your own research, please; just go to http://codes.ohio.gov/orc/733.01), the effective date of ORC 733.01 is Nov. 1, 1977. The effective date of ORC 733.04 is Oct. 1,1953.
What this indicates is that the Ohio Legislature and Ohio citizens have been satisfied with these legal sections and have not amended them for nearly half a century and more than half a century, respectively. Simply put, the statutes are specific and logical.
Granted, certain "home rule" provisions may allow a city to make its own rules – but only so long as those local rules do not supersede state law (that's according to an Ohio Attorney General lawyer). In other words, it is conceivable that Hillsboro City Council could pass – and possibly has – a resolution that its $72,000-a-year safety/service director begins his term on Jan. 15 of each year, but could not pass a resolution that he begin his term on Jan. 1 of each year. Perhaps council also could – and possibly has – passed a resolution on other appointment and termination powers of the mayor.
Among the many questions The Highland County Press has received is this: If the mayor can fire and appoint a deputy law director, can he do the same with the deputy auditor's position, or similar positions in other city departments?
The apparent answer may very well be "Yes," as long as the respective department heads – or city taxpayers and voters – do not object.
In the aftermath of the unfortunate fire in Hillsboro on Sunday, Jan. 8, we were informed by the Hillsboro fire chief that he is under new orders not to speak with the media and that all press communications must come through the mayor's office. This information was relayed by the chief on Jan. 11, shortly after a telephone interview with the newspaper.
Later, the new city safety and service director informed us that the fire chief misunderstood the directive, and that it only applied to written news releases, saying, "The administration is going to be completely transparent. City government works with the city, and there shouldn't be any mystery. We're working for them."
Given that this newspaper and other Ohio media have, historically, enjoyed access to city department heads, be they elected or appointed, the alleged restriction seems more than a bit incredulous.
The humor of it all is that when asked specific questions about the fire, the safety and service director admitted he's "not a fire investigator" and would have to seek answers from the chief. Calls to the new mayor were not returned.
Granted, to the best of my knowledge, there's nothing in the Ohio Revised Code that requires a city administrator to grant interviews with the media. We're fine with that, too.
But as the local conduit for providing local news and information to thousands of Hillsboro residents and many more thousands in Highland County, we will always let you know that we did, in fact, try to get answers to your questions. On those occasions when we are less than successful, we'll also let you know why your public officials placed obstacles in our path.
One thing is certain: We will have access to public records.
As far as local interviews with those working under any restrictions, let me say this: I've worked with local mayors and city department managers for more than 20 years without having access restrictions imposed. It would be nice to continue that for the next four years.
And as a show of good faith, let's all be willing to chalk some of these concerns up to a new and inexperienced mayor, rather than assume otherwise. After all, it's been an eventful first month. We can afford a little on-the-job training.
Rory Ryan is publisher of The Highland County Press.[[In-content Ad]]