Finding the summary put out by the city of these charter changes is pretty easy- although it’s not in HTML format- just a PDF:
http://cityofdayton.org/cco/Documents/November2014CharterSummary.pdf [1]
The summary makes it all seem nice and easy.
The current Dayton Charter is here: http://www.daytonohio.gov/cco/Documents/DaytonCityCharter.pdf [2] but not accessible to me at this time (luckily I already had a copy of the charter).
However, the ballot language is a mangled mess- and not easily available. Several people have contacted me already to ask “what is this all about.” I attended one of the meetings of the committee [3], which was handpicked by the powers that be- to be as non-representative of the citizens of Dayton as possible. Looking around the room, you’d think the unions run the city (they still think they do- hand in hand with the politicos).
If you go here: http://www.voterfind.com/montgomeryoh/ballotlist.aspx [4] the BOE will let you look at a sample ballot in advance.
The language is overly verbose- and not accessible to copy and paste easily into this site. Issue by issue- here is the synopsis.
Issue 13 should be voted for. It changes the requirements for number of signatures required to propose changes or overturn votes by the city commission to a reasonable number. The existing charter language depended on a percentage of registered voters- which had zero connection to the numbers of existing voters- setting the bar too high to be attainable.
Once issue 13 is passed, we, the voters, may be able to change the requirements for recalling commissioners or the required numbers of signatures on obsolete petitions- something this committee refused to address.
Issue 14 should be voted for. The Dayton budget and compensation rules are arcane and obtuse. Not that a ton of progress is being made in the way we spend and track our money (we had an employee in the law department stealing considerable sums despite our current rules).
Issue 15 should be voted for. The current charter has a bunch of really antiquated rules- that need to go. This issue takes care of that.
Issue 16 is the one where we should really look twice.
Currently section 2 of the Charter is short and sweet:
Sec. 2. [Enumeration of Powers.] The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the city shall have, and may exercise, all other powers which, under the constitution and laws of Ohio, it would be competent for this Charter specifically to enumerate.
They want to change it to:
Sec. 2 Powers of the CityThe city shall have all powers of local self-government possible for a city to have under the constitution and laws of the state of Ohio as fully and completely as though they were specifically enumerated in this Charter.A. The powers of the city under this Charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power granted in this article.B. The city may participate by contract or otherwise with any governmental entity of this state or any other state or states of the United States in the performance of any activity which one or more such entities has the authority to undertake.C. All powers of the city shall be vested in the Commission, except as otherwise provided by law or this Charter, and the Commission shall provide for the exercise thereof and the performance of all duties and obligations imposed on the city by law.D. The City Manager shall be the chief executive officer of the city, responsible to the Commission for the management of all city affairs placed in the manager’s charge by law or this Charter.E. The Commission may elect to operate under state municipal law in lieu of the provisions of this Charter or §171 thereof pertaining to limitations on the manner, form, or uses of taxes, fees, assessments, and other revenue sources. However, any such measure shall clearly state this intent, may not be passed by emergency legislation and shall require four votes for passage.
Issue 16: Powers of the City
Dayton is referred to as the first city to adopt the City Manager form of government. The 1914 Charter was new ground and the writers tried to ensure Dayton would have broad powers to serve its citizens. But they could not have guessed what might happen 80, 90, or 100 years later and now Dayton is hampered by that 1914 language. Today, the Ohio General Assembly is making changes in how cities operate and Dayton needs to have all the powers that other cities and villages are given.
This does not change the way the City of Dayton operates. We will still have a City Manager form of government and the members of the Commission will still be elected in the same way and represent the entire city. This is designed to ensure that Dayton has the maximum flexibility to respond to a changing environment.
Dayton has to fight hard to attract businesses, residents and amenities; we can’t afford to have one hand tied behind our back by archaic language. With the serious conversations being held about the State changing municipal income taxes, Dayton has to be able to respond immediately to potentially devastating changes in the law. This Charter change provides us with the same flexibility every other city has. (Section 2)
While the specific text of the charter does matter, the character of those charged with following that charter is of greater importance. It is well nigh impossible to place words on a page that somebody, somewhere, somehow can’t weasel around, over or under. Oversight of Dayton’s elected officials and hired administration is very lax, and relying on same the behave honorably and in the public interest is a pipe dream.
It doesn’t matter what you vote on the Charter amendments. As Dave C. observed, they’ll weasel around them anyway. After all, who has legal standing to complain? Even the committee that studied them admitted they are regularly ignored. Just like the Charter requirement that Civil Service Board members be electors of the City of Dayton. Just Google the longtime Board President, or check the Montgomery County court records, and see what residence you find. Trotwood. Nobody cares.
In City if Dayton, I don’t think the citizens trust the city government very much.
An underlying mistrust of government is a hallowed American tradition. But at some point, the governed have to trust and fund some form of government enough to provide the basics – police and fire, roads, health and safety, etc.
Dayton’s elected officials and hired administration do not have the trust of Dayton’s citizens. I think they have earned that mistrust in myriad ways, and that prosperity will continue to elude Dayton until the city government consistently behaves in a more trustworthy fashion.
I agree with David on NO for Issue 16. Part E of the proposed language appears to allow the Commission to ignore charter rules in favor of state law whenever it wants. The city charter should be more binding than that.
…whattayamean we don’t trust government Dave C? Why we have every confidence that government will do the unnecessary at the worst possible time creating the greatest societal upheaval at the greatest public expense. For example, when the greatest scourge since the dark ages knocks on América’s door President Ebola puts out the welcome mat. And if that ain’ t trust the Old Bandito doesn’t know what is…
I disagree with the assertion that the charter language does not matter. Yes, politicians will try to find a convenient way around the law–but the law is still the law, and if they go too far, citizens will need to have some means of enforcement.
Agreed, the text does matter…somewhat.
The problem is that it’s relatively easy for elected officials to ignore or violate the charter, and it’s pretty inconvenient for anybody outside of the “club” to call them on the carpet. Historically, newspapers have been charged with this responsibility, but counting on the DDN to do anything remotely resembling journalism is just silly.
As a practical matter, City of Dayton elected officials and paid administrators can probably dance around the charter all they want, as long as it’s not too terribly egregious.
BTW, this blog is one of the very few examples of investigative journalism we have here in Dayton, Ohio.
Thank your for the explanation/commentary on these issues, especially on #16. What caught my eye were “The powers…shall be construed liberally in favor of the city, and the specific mention of particular powers shall not be construed as limiting …the general power granted…” and the section about electing operate under state muni law in lieu of the charter when the mood strikes them. They operate that way as it is…why give them a clear path?
It is SO brazen, the way the Charter is disregarded. The Civil Service Board President has just (Oct. 31) filed a new case in Mont. Co. Common Pleas Court listing his home address as Trotwood!