By Gary Ogle
gogle@wbcowqel.com
The Bucyrus City Council meeting took on the air of partisan politics Tuesday evening when Law Director Rob Ratliff was challenged regarding his decision not to enforce the city ordinance governing campaign signs.
County Democrat Party Chairperson Maggie Barth, also a member of the Crawford County Board of Elections, questioned not only Ratliff’s decision not to enforce the law, but the timing and manner for the notification of that decision. Questioning why Ratliff chose not to enforce the law which prohibits signs more than 45 days prior to an election, Barth also said Ratliff’s decision to send a letter to the Board of Elections and a Republican candidate’s request for that letter within hours of it being sent, “smacks of the law director using his office as a political tool.”
Barth made eight points in her comments during the visitors’ session to address the council members. The main ones were why wasn’t that letter posted publicly on the city’s Web site or at the least distributed through local media; what inquiries to the law director’s office were made and by whom; and can the law director legally choose which ordinances he will enforce.
Ratliff said based on current First Amendment decisions, it was his opinion the law was unconstitutional and unenforceable and that he was using his prosecutorial discretion in the best interests of the city.
His letter to the Board of Elections also asked that office to advise all candidates and committees of his decision. Ratliff noted in the letter that included only the 45-day prohibition. All other aspects of the ordinance, notably limitations on size, placement and illumination, will continue to be enforced.
Barth found it particularly disturbing that local Republican candidates were prepared and ready to act on Ratliff’s decision in conjunction with the opening of the county fair. Signs for some Republican candidates have already been posted in Bucyrus.
Ratliff said he had no discussions regarding his enforcement decision with any candidate. The law director said he chose to send the letter to the Board of Elections because it was his belief that was the quickest and most effective way to get the information to candidates.
Barth also questioned whether City Council members had the opportunity to preview Ratliff’s letter. Ratliff said that letter had been emailed to council members as early as last Thursday. City Council President Sis Love confirmed she had received the letter, but members Wanda Sharrock, John Walker and Steve Pifer said they had not.
Ratliff indicated he was going to address council members that evening regarding his decision.
Walker took particular exception to the law director acting on his own.
“We sit down as a council and make decisions. Don’t do it yourself. It’s not fair,” Walker said. “Ms. Barth is right when she says it doesn’t look appropriate.”
The issue was brought before City Council last April by attorney Michael Bear, a Republican, who basically said the law as written was unenforceable in the current election practices of early voting; and also because of First Amendment prohibitions on free speech.
Bear also made presentations to Crestline and Galion councils about similar laws in those communities. Galion has already made a change in its law. The Bucyrus City Council Platting Committee is considering the issue, which Love, a Republican, noted.
Sharrock, a Democrat, said, “I think we’re a little late getting to this issue.”
Sharrock also said, “I think we do have an issue in that the fair is here and the Platting Committee hasn’t taken action.”
Barth said after the meeting that she had spoken to Ratliff during the break and his decision not to enforce the law will stand. In response, Barth said she will instruct her party’s candidates to go ahead and place their campaign signs.
Council did take limited legislative action. Members passed items as an emergency for minor appropriations within the police department budget; banning traffic in the area of the Bratwurst Festival and posting detours of state routes within the city during the festival.
Mayor Jeff Reser recognized Dr. Don Wenner and Mary Lee Minor in his report and encouraged residents to make sure their properties are cleaned up during the festival. Service/Safety Director Jeff Wagner said the city would spray for mosquitoes as long as temperatures were favorable enough to be effective.
City Council’s Health and Safety Committee will meet Thursday at 7 p.m. followed by the Finance Committee at 7:30 and the Service Committee at 8. The Platting Committee will meet at 5 p.m. on Friday.