Galion elections civil suit now up to the judge

By Gary Ogle
gogle@wbcowqel.com

Galion citizens and one very key citizen from Hardin County have a lot to think about in regards to the future city leadership in Galion in the coming days. Galion citizens will be voting on city officers in the November General Election and visiting Judge David Faulkner will render a decision on a civil suit challenging the election that abolished the city’s charter.

Faulkner heard testimony Tuesday during a bench trial in the civil suit brought against the city by Robert Bean, David Dayne and Hal Osborne. Attorneys Grant Garverick and Richard Hottenroth represented the plaintiffs.

Garverick called the election of November 2012 invalid and illegal because of its excessive and confusing ballot and petition language and the terms of office.

“The election of November 2012 should be declared invalid by the court,” Garverick said in his opening statements. Garverick declared the Ohio Revised Code requires the election of municipal officers in November of odd-numbered years and claimed that May’s election this year set illegal terms because of their seven-month length. Garverick also said the language on both the circulated petitions that put the issue on the ballot and on the ballot itself in November of 2012 was misleading and illegal.

Galion attorney Harry Welsh countered in his opening remarks with the lack of specific language in both the Ohio Constitution and the Ohio Revised Code as it applies to transitioning from a charter form of government to a statutory one. Welsh also said that the city of Galion had no control over the May 2013 elections because that was set by the Crawford County Board of elections.

During witness testimony Garverick focused strongly on wording and legal opinions. County Prosecutor Matt Crall was called first to the stand and was there the longest.

Crall, who was still the Bucyrus City Law Director in December of 2012 but had been elected to the county prosecutor’s post in November, detailed how he had been asked by outgoing County Prosecutor Stan Flegm to advise the Crawford County Board of Elections on challenges to the charter abolishment referendum and how to proceed.

Under direct examination by Garverick, Crall first denied he had called the situation “unconstitutional.” But after listening to a recording of a December 2012 meeting with the County Board of Elections, Crall conceded he used the word “unconstitutional” in describing the charter amendment which called for its abolishment.

Crall said in determining the course of action that called for seven-month terms for offices that went to a vote in May with full terms of office on the ballot this November, it was his belief that it was the best way to ensure the will of the people be done. That, he said, was the overriding factor in going forward.

Crall did concede that in his opinion the petition and ballot language were excessive in their verbiage and could be difficult to fathom.

Richard Swain testified as to letters he wrote prior to the election to both the county Board of Elections and the Secretary of State with concerns about the ballot language. Swain was invited to speak at a public meeting of the Board of Elections. He said he never received a response from the Secretary of State.

“The way it was done was improper because it wasn’t done in accordance with our city charter,” Richard Swain testified. Swain was a member of the Galion Charter Commission which wrote the charter.

Under cross examination from Welsh, Swain said he didn’t challenge the original petitions because he wasn’t aware he could.

Robert Cerar was called to testify and said from the stand the ballot language was confusing. Under cross examination from Welsh Cerar said he went to the polls thinking he was voting on a charter amendment and when he got there found he was voting on abolishing the charter.

“Abolishment and amendment are two different things in my mind,” Cerar said. Cerar said he was also concerned about the 4-year-7-month term length spelled out in the ballot language.

Cerar also criticized Law Director Roberta Wade who was a member of the city council at the time.

“My councilwoman was not keeping her oath of office,” Cerar said. “She was openly campaigning to abolish the charter. I asked for her resignation.”

All three plaintiffs were called to the stand. Dayne said the ballot language was “disconcerting” and claimed it was in direct conflict with Ohio law. He also said he was not aware of the ability to contest an election.

Osborne and Bean also testified that the language was confusing. Under cross examination all three plaintiffs said they knew they were voting on whether or not to abolish the charter.

Welsh’s witnesses included current City Council Clerk Julie Bell, former Charter Commission member Jo Swain and Board of Elections Director Ruth Leuthold. Both Bell and Leuthold brought past records which were introduced into evidence. Swain’s testimony detailed how the Galion charter was developed.

Under cross examination by Garverick, Leuthold explained that the Board of Elections and the Secretary of State do not rule on ballot language, only on the correctness of the forms.

Both attorneys waived closing arguments. No timetable has been established for a ruling in the case by Faulkner.