Skip navigation

We need accurate ballot language this May.

There is a significant issue with the proposed ballot language for the Section 12 Charter Amendment that requires prompt action.
 
According to the City Attorney, resolutions passed by council can currently be over turned by residents through a ballot referendum.  He tells us the result of the Section 12 Charter Amendment is to take away this right from residents[1].
 
This May, it will be up to the public to decide if they want to give up this right.  However, examining the proposed ballot language we see it does not give an accurate impression of its effect.
 
Proposed ballot language:
 
“Shall Sections 12.01, 12.03, 12.04, 12.05, and 12.06 of the Charter of the City of Huber Heights be amended to remove references to resolutions from the referendum procedures.”[2]
 
 
The phrase, “remove references to resolutions” was purposely chosen to give the impression the only effect is to clean up some charter language.  The phrase obscures the fact that a yes vote will remove citizen’s ability to counter an unpopular council decision through a ballot initiative; referendum. 
 
I am asking all the candidates for Mayor and Council at Large to join me in drafting, signing and delivering a letter to the Montgomery County Board of Elections requesting the ballot language accurately convey the meaning and consequences of this proposed charter amendment. 

I am now asking residents to contact the Secretary of State and fill out their contact form.  Let the SOS you do not want deceptive language on the ballot.  
 
Below you can find my initial draft.  If you are in contact with any of the candidates, please make them aware straight forward ballot language is important to you. 
 
Draft Letter:
 
Montgomery County Board of Elections
451 W. Third Street,
Dayton, Ohio 45422-1501
 
Re:  Ballot Language for Huber Heights Section 12 Charter Amendment
 
Dear Ms. Kelly,
 
The ballot language sent to you by the Huber Heights City Council for the proposed changes to Section 12 of the Huber Heights City Charter gives the impression the only effect is to clean up some charter language.  As currently drafted it obscures the fact that a yes vote will remove our resident’s ability to counter an unpopular council decision through ballot initiative.  This letter is to ask you to disapprove the wording sent by the city and substitute language that provides the true nature of the amendment.
 
Background and Argument:
 
The Huber Heights City Attorney provided this written assessment in preparation for our Jan 23 council meeting: "While resolutions take immediate effect now, until the changes in this round of City Charter amendments are approved by the voters (if they are), resolutions will still be subject to referendum."
 
The wording of the proposed ballot language sent to your organization reads:
 
“Shall Sections 12.01, 12.03, 12.04, 12.05, and 12.06 of the Charter of the City of Huber Heights be amended to remove references to resolutions from the referendum procedures”
 
The phrase, “remove references to resolutions” gives the impression the only effect is to clean up some charter language.  The phrase obscures the fact that a yes vote will remove our resident’s ability to counter an unpopular council decision through a ballot initiative; referendum. 
 
We contend the following language provides a more accurate representation of the Amendment's implications and ask for its adoption.
 
“Shall Sections 12.01, 12.03, 12.04, 12.05, and 12.06 of the Charter of the City of Huber Heights be amended to remove the right of Huber Heights residents to overturn resolutions through the referendum process”
 
Thank you for all consideration on this matter.
 
Signed
 
 
[1] The actual quote from the City Attorney can be found on the city website at this link.  It reads, “While resolutions take immediate effect now, until the changes in this round of City Charter amendments are approved by the voters (if they are), resolutions will still be subject to referendum.”  
 
[2] The proposed ballot language is found on the last page of the ordinance council passed last meeting.  It is Titled "Proposed ballot language for Ordinance Sections 7 thru Section 11" and can be found on the city website here:


 

Rating

Unrated
Rating:
Edited