Middletown Forum : Split among Council http://www.middletownusa.com/forum/ This is an XML content feed of; Middletown Forum : City Council : Split among Council Mon, 05 Oct 2026 15:20:52 +0000 Fri, 21 May 2010 07:16:50 +0000 http://blogs.law.harvard.edu/tech/rss Web Wiz Forums 10.12 360 www.middletownusa.com/forum/RSS_post_feed.asp?TID=2982 Middletown Forum http://middletownusa.com/images/blog-logo.jpg http://www.middletownusa.com/forum/ Split among Council : Pac, There are two types of... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19030&title=split-among-council#19030 Author: Mike_Presta
Subject: 2982
Posted: May 21 2010 at 7:16am

Pac,

There are two types of “regular elections” according to the Ohio Revised Code. These two are:

“Regular municipal elections,” which are held on the first Tuesday after the first Monday in November in each odd-numbered year.

“Regular state elections,” which are held on the first Tuesday after the first Monday in November in each even-numbered year.

I guess that a case could be made that since the Charter mentions “regular municipal election” in one case, that was the intent in each case.

I think that one could also make a case that since the Charter was specific in the case of the mayor, but not in the case of the other council members, that is exactly what they meant: the next “regular election” as opposed to the next “primary election” or “special election” (which are also defined terms in the ORC.)

I could cite a few reasons why the latter makes more sense if you’d like, but what you or I think is really a moot point.

We all know that Landen and the boys will interpret the law to suit their desires regardless of what you or I think, or what the law actually says.

]]> Fri, 21 May 2010 07:16:50 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19030&title=split-among-council#19030 Split among Council : Pac, I understand your point. However,... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19019&title=split-among-council#19019 Author: Mike_Presta
Subject: 2982
Posted: May 20 2010 at 3:10pm

Pac,
I understand your point.
However, why did they then make the distinction between next "regular election" in the case of vacancies other than Mayor, and next "regular municipal election" in the case of vacancy of the Mayor's seat?
 
Just a mistake??? Possibly, yet we are supposed to be governed by what laws say, rather than what we think they mean, are we not.
 
Example:  "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
 
How did we ever twist these words to mean what some people think they mean today?
]]> Thu, 20 May 2010 15:10:59 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19019&title=split-among-council#19019 Split among Council : Mike this is exactly what it says... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19009&title=split-among-council#19009 Author: Pacman
Subject: 2982
Posted: May 20 2010 at 7:49am

Mike this is exactly what it says on page 5, anyone care to define a "regular municipal election" other than what it says in the first line?:
 
"SECTION 3. ELECTION.

In the general election to be held in 2007, and every four (4) years thereafter, two (2) City Council members and the Mayor shall be chosen “at large”. The mayoral seat shall be elected separately from the two (2) at large seats, and a candidate for Mayor must file and run as a candidate for Mayor. In the general election to be held in 1993, and every four years thereafter, four (4) City Council members shall be chosen “by ward”. City Council members chosen “by ward” shall be electors residing in the ward from which they are chosen. All City Council members shall be chosen for a term of four (4) years, except as provided in the next paragraph of this section.

Vacancies in the City Council, other than the Mayor, shall be filled by the City Council for the remainder of the unexpired term. If the term of such City Council member whose place becomes vacant does not expire on the first day of January following the next regular municipal election, then such person chosen by the City Council shall serve only until such regular election, at which time a City Council member shall be elected to fill the remainder of the unexpired term. All vacancies in the position of City Council members chosen “by ward” shall be filled by the remaining City Council members with an elector who would be qualified to be chosen as a City Council member from the ward represented by the vacated seat.

When the office of Mayor becomes vacant, the Vice-Mayor shall become the Mayor and hold such office until his successor is elected, unless the Vice-Mayor declines to accept such position. If the Vice-Mayor declines to become Mayor, another City Council member would be appointed to become Mayor upon the concurrence of that member and three other members of City Council. If no City Council member is willing or able to be appointed as Mayor, City Council shall select a qualified elector of the City to fill the unexpired term of the Mayor. If the term of the vacant mayoral seat does not expire on the first day of January following the next regular municipal election, then the person filling the vacant mayoral seat, whether it be the Vice-Mayor, a member of City Council, or a qualified elector appointed by City Council, shall serve only until such next regular municipal election, at which time a qualified elector shall be elected to fill the remainder of the expired term.

If the Vice-Mayor or a member of City Council accepts appointment to the vacant mayoral seat, that council member would relinquish their seat as a council member, and their vacant seat would be filled in accordance with the terms of this Article II, Section 3.

When a vacancy occurs as the result of a recall election, such vacancy shall be filled in the manner provided for such cases.

(Amended 11-6-1990; 11-7-2000; 11-8-2005)"

]]> Thu, 20 May 2010 07:49:20 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19009&title=split-among-council#19009 Split among Council : Also, someone challenged my post... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19006&title=split-among-council#19006 Author: Dead man walkin'
Subject: 2982
Posted: May 20 2010 at 5:18am

Also, someone challenged my post on the Journal about the CVB receiving city tax money. whoever it was was wrong and did not read the ORC section he sited closely enough.
 
That article and its comments has been deleted by the journal.
 
Once the bed tax is collected and paid to the city, it belongs to the people until legally distributed.  I repeat my challenge to that idiot to site the ordinance where the Middletown Convention and Visitors Board was Legally created, where its members were rightfully appointed and their salaries set and authorized to be paid with public funds.
 
If no one can site these ordinances, then obviously it is a scam perpetrated upon the people of Middletown and shows the corruption within this city and county. 
 
Private citizens cannot just decide that they are going to form a CVB and leech off of public money. Of course it happens in other areas of this city, so what else is new?
]]> Thu, 20 May 2010 05:18:00 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19006&title=split-among-council#19006 Split among Council : swohio75 wrote:Mike Guyler?... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19005&title=split-among-council#19005 Author: Dead man walkin'
Subject: 2982
Posted: May 20 2010 at 5:05am

Originally posted by swohio75 swohio75 wrote:

Mike Guyler?  Seriously?  Just look at the Pierson/Guyler/GM fiasco.   Seemed a little shady to me.
Yes, seriously, Mike Guyler, although I know that he (and some of the others I mentioned) are not in Ward 1. I was trying to give examples of people with character and integrty and who would stand on principal and who are not owned by others as most in this town are.
 
The fiasco you mention may have occured, but it was not due to Mike's actions.  Get your facts straight.  If anything, he was a victim.
]]> Thu, 20 May 2010 05:05:57 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19005&title=split-among-council#19005 Split among Council : Spider, The only good thing... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19003&title=split-among-council#19003 Author: Mike_Presta
Subject: 2982
Posted: May 19 2010 at 6:33pm

Spider,
The only good thing about how the land swap deal was resolved was that the taxpayers ended up getting hosed for $5,000 less.  Just putting the properties into escrow for a few weeks didn't really change a thing.
 
Someone with a similar, legitimate business was sent packing to Monroe for no reason other than personal preferences of a city employee.  Then a friend of City Hall made a handsome profit in a short time thanks to inside information.  Certainly, with all of the empty buildings in this city, MidTown Custom Cabinets (with the help of our crack ED department) could have found another suitable location.
 
Net result???
Middletown lost one new business.  Middletonians wasted $40,000.
Yet, everyone at City Hall is so excited about a relocated convenience store (UDF).
Go figure.
]]> Wed, 19 May 2010 18:33:14 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19003&title=split-among-council#19003 Split among Council : Pac, I think Dead Man may be... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19001&title=split-among-council#19001 Author: Mike_Presta
Subject: 2982
Posted: May 19 2010 at 6:09pm

Pac,

I think Dead Man may be right. Consider the wording in the two successive paragraphs in the Charter that deal with filling vacancies on council, one dealing with “Vacancies in the City Council, other than the Mayor…” and the next dealing with “When the office of Mayor becomes vacant…”:

Appointees to fill seats “other than the Mayor” shall serve only until the next “regular election”, while an appointee to fill the seat vacated by the sitting member chosen by council to serve as Mayor shall serve only until a new Mayor is elected at the next “regular municipal election”.

There is a “regular election” every year in November, while there is a “regular municipal election” only in odd numbered years. It seems to me that the key words are “other than the mayor”!!!

Then again, what do I know?  I am only reading exactly what it says.  I am sure that others will want to go with what they think it means.]]> Wed, 19 May 2010 18:09:59 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19001&title=split-among-council#19001 Split among Council : Been a little quiet since Mr.... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19000&title=split-among-council#19000 Author: jag123
Subject: 2982
Posted: May 19 2010 at 4:40pm

Been a little quiet since Mr. Armbruster's death, but I am ready to engage again. I watched last night's meeting, still can't believe what city leadership has become. I also was interested in the Planning Commission vote on the East End. Only 1 "no" vote? I may have expected 2 or 3. Jagster]]> Wed, 19 May 2010 16:40:40 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=19000&title=split-among-council#19000 Split among Council : Well welcome back Jag123, been... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=18998&title=split-among-council#18998 Author: randy
Subject: 2982
Posted: May 19 2010 at 10:55am

Well welcome back Jag123, been a while since we heard from you. ]]> Wed, 19 May 2010 10:55:12 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=18998&title=split-among-council#18998 Split among Council : Hell, the vote could have been... http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=18997&title=split-among-council#18997 Author: jag123
Subject: 2982
Posted: May 19 2010 at 10:31am

Hell, the vote could have been 2,2,2 or 3,2,1 who knows. Jeff Michel is in the 3rd Ward. Having 4 votes to confirm someone may be impossible.]]> Wed, 19 May 2010 10:31:15 +0000 http://www.middletownusa.com/forum/forum_posts.asp?TID=2982&PID=18997&title=split-among-council#18997