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2025-03-04View on CivicClerk ↗
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Charter Review Agenda 3/4/2025Charter Review Agenda Packet 3/4/2025Charter Review Commission Minutes 3-4-2025
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CHARTER REVIEW COMMISSION 

                                      March 4, 2025 

IN ATTENDANCE: Daniel Langshaw, Barbara Rocha, Robert McCain, Michael Sinclair, Frank 
Chestney, John Acevedo, Jacob Altman, Denise Arnaud, Tom Fenske, Law Director Dennis Nevar, 
Mayor Ron Falconi, Charter Review Commission Secretary Laura Timura 

The meeting convened at 6:30 p.m. 

DISCUSSION ITEMS: 

   (a) Approval of the February 11, 2025 Meeting Minutes 

Mr. Altman moved to approve the Charter Review Commission minutes dated February 11, 2025, as 
written, seconded by Mrs. Rocha. Vote - 9 ayes, 0 nays. 

   (b) Article II Form of Government and Powers Review 

Mr. Langshaw opened the discussion pertaining to the form of government. Mr. Chestney disclosed that 
he has lived in the City for 21 years and he does not like the City Manager form of government. He felt 
the Mayor should run the City. He added that residents should be able to vote for who is running the City 
and it should not be up to City Council. 

Mr. Fenske informed that without the City Manager form of government, anyone can get elected to the 
position. Mr. Fenske would rather have Council select a qualified person for the role. 

Mr. Altman also expressed concerns about the only requirement to run for Mayor would be to be a 
registered voter. He felt that the current form of government allows for the professionalization of the 
position and a degree of certainty that Council is selecting qualified people to do the work. Mrs. Rocha 
noted that residents still need to be careful who they pick for Council as they select the City Manager. 
Mr. Langshaw supported the City Manager form of government noting that the City would want a level of 
professionalism and expertise. 

Mr. Langshaw explained the procedure for the Charter Review Commission would be to review the 
Charter, formulate a proposal, vote, and send recommendations to Council. Mr. Chestney noted that 
Council would not vote to remove their power to pick the City Manager. Mr. Langshaw voiced that the 
Commission has the responsibility to do what they think is best. 

There was a brief discussion regarding past City Managers. Mrs. Rocha stated that a change to a Mayor 
form of government could always be placed on the ballot. 

Mayor Falconi contributed that he believes in 2003 it was on the ballot to have a Mayor form of 
government and it failed miserably. He relayed his support of a City Manager form of government. 

Mrs. Rocha indicated that many newer residents are in favor of a Mayor form of government and have 
expressed that such a government would result in more restaurants, businesses, and parades. 
Mr. Nevar pointed out that a change to the form of government would shape the view of every article in 
the Charter. The Commission would need to decide if they are looking to make this change, before they 
move forward in reviewing the Charter. 

Mr. Langshaw recommended the Commission take a vote for clarity that everyone is in favor of moving 
forward with the City Manager form of government. 

Mr. Langshaw moved to keep the current City Manager/Council form of government as stated in Section 
2.01 with no changes, Mr. Fenske seconded the motion. Vote - 8 ayes, I nay (Mr. Chestney). 

Mr. Altman pointed out that Mentor has a City Manager form of government and they are a successful 
city with lots of shopping and restaurants. 

Mr. Nevar suggested to the chairman that a motion only be made to make a change to the Charter. 

   (c) Article III City Council Review 

Mr. Langshaw referred to Section 3.09 b. and stated that it did not make sense to elect a Mayor and not 
give he or she a vote in the selection of a City Manager or Clerk of Council. He proposed adding " Except 
for !he appointment, smpension, or remowt! ofthe  City Manager and the appointment ofthe  Clerk of 
Council. the Mayor shall have a vole in such matters before the Council. " Mr. Langshaw disclosed that it 
was not logical for someone who is elected at large and trusted by the people to not have a say regarding 
an important position in the municipality (City Manager) as well as the Clerk of Council who is an 
assistant to the Mayor. He added that if there was a tie vote, the vote would be defeated according to 
Robert's Rules of Order. Since we are a Charter city, we are not subject to the Ohio Revised Code. 

Mrs. Rocha asked if the City Manager selects the Clerk of Council. Mr. Langshaw clarified that Council 
selected the clerk and he wanted to give the Mayor a vote as well. 

Mr. Nevar relayed that while the City has the right to have a Charter, the Charter cannot be in conflict 
with the laws of the State of Ohio. The general laws of the Ohio Revised Code prohibit the Mayor from 
having a vote for the City Manager and Clerk of Council, in the City Manager/Council form of 
government. He suggested this discussion be tabled until the next meeting to allow the Law Department 
time to circulate a memorandum specifically addressing the law in the State of Ohio on this matter. 

Mr. Chestney asked why the Mayor does not have a vote. Mr. Nevar noted that there were references to 
specific Ohio Revised Code revisions in a memo from the prior Law Director. He expressed that the 
reason the City has a City Manager/Council form of government, was due to the fact that Ohio law 
permits it. Mr. Nevar explained that Brunswick is a Charter city and has certain Home Rule rights, but 
still must abide by certain laws of the State of Ohio. Mr. Langshaw asked if the City has sought an 
additional opinion from the Ohio Attorney General or the County Prosecutor. Mr. Nevar answered not to 
his knowledge. Mr. Nevar restated that the Law Department would put together a memorandum for the 
next meeting specifically detailing its position. He announced that the Commission would still have the 
right to make whatever recommendations it wanted to City Council. The recommendation would be 
provided to the Commission and City Council. 

Mr. Langshaw moved to table the discussion on Article III, Section 3.09, seconded by Mrs. Rocha. 
Vote - 9 ayes, 0 nays. 
Mr. Nevar noted that revisions were proposed by the Clerk of Council to Sections 3.15 b., 3.15 d., and 
3.18 b. He summarized that the revisions involved reduction of.posting and distributing paper copies. 
The proposed revisions to Section 3.15 b. allows for electronic copies of legislation to be distributed to 
Council and the Mayor. Mr. Altman asked ifthe copy filed in the office of the clerk, is an electronic copy. 
Mr. Nevar answered that a paper copy is still kept in Clerk's Office. Mr. Nevar referenced Section 3.15 d. 
and noted that legislation had been passed by Council limiting where paper copies are posted and the 
recommendation would be to remove posting a paper copy at the library from the Charter language. Paper 
copies would still be posted at City Hall and on the City's website. Mr. Altman inquired if it doesn't need 
to be at the library, why would it need to remain at City Hall. Mr. Nevar clarified that when people enter 
City Hall, they could find paper copies if necessary. Mr. Langshaw explained that this was pretty 
standard. 

Mr. Nevar then explained that in Section 3 .18 b., it refers to the actual code and provisions. Paper copies 
would still be made available in the Medina County Law Library and the Brunswick Public Library. 
These are code books that we would like to maintain. The changes were mainly to clean up the language. 

Mr. Langshaw suggested the changes all be adopted at the end of the Commission. Ms. Arnaud infonned 
that the Commission generally makes the changes as they go along unless something needs to be tabled. 
Mr. Nevar noted that if things are voted as they move along that would put that section behind and allow 
the Commission to move along. 

Proposed Revisions 

3.15 b. Procedure 

 An ordinance or resolution may be introduced by any member ofCouncil,  or by the Mayor, at any regular or 
special meeting ofthe  Council. it shall first be submitted to the Law Director for review and drafting in legal form 
before presentation to Council. Upon presentation ofany  ordinance or resolution, the Clerk ofCouncil  shall 
distribute an electronic copy to each Council member and to the Mayor, and shall file a ~·ettHntl>'·h!-t• m»'Hht!1t ef 
~copy in the office ofthe  Clerk ofCouncil.  As soon as practicable after adoption ofany  ordinance or 
resolution, the Clerk shall have it published together with a notice ofits  adoption. Except as otherwise provided in 
this Charter, no ordinance or resolution shall be adopted unless read once during each ofthree  Council meetings 
on different dates. 

3.15 d "Publish" Defined 

Each ordinance and resolution shall be posted .<n .'-.W!fol·l-8;1·.'flg leealhms as soon as practicable+- af ~ B1 NffNll'rtW 
Cify Mir.tflJ', Brunswick City Hall~ and on the City's Official Website, ~ny{;.<.W:!" ,'-fJ~'6:li<?n tltt$fg1181ed 8y Cm.we# 
fe" #·w p~~,;p,~ er p11h/.i~Nt:#'I 8fs11CJ tH'tiifM~.~ . 

3.18 b. Codification 

The Council shall provide that the general codification ofall  City ordinances and resolutions, having the force and 
effect oflaw,  shall be kept current, and any additions shall be published promptly rH bermd er /96$e kdffen,.,, 
together with this Charter, and any amendments thereto, and such codes oftechnical  regulations as the Council may 
specify. This compilation shall be known and cited officially as the Brunswick City Code. Copies ofthe  Code shali 
be fiwwislted--u.~ Ci(}' offo:e/65, placed in the Medina County law library, Brunswick Public Library, made available 
at the City's official website, and such other public places as Council deems advisable, and made available for 
purchase by the public at a reasonable price fixed by Council. The Council ofthe  City ofBrunswick  shall 
appropriate sufficient fimds each year in order to maintain the Code in a proper and up-to-date manner. 
 Mr. Altman moved to revise Sections 3. l5 b., 3.15 d., and 3.18 b. as proposed by the administration, 
 seconded by Mr. McCain. Vote-9 ayes, 0 nays. 

    (d) Article IV City Manager Review 

 After reviewing the handout with changes proposed by Mr. Langshaw, Mr. Altman suggested that the 
 discussion be tabled to wait for further information from the Law Department. Mr. Altman moved to table 
 the discussion of Section 4.01, seconded by Mrs. Rocha. Vote - 9 ayes, 0 nays. 

 The Commission found no other changes to Article IV and moved on to general discussion. 

 GENERAL DISCUSSION: 

 Mr. Langshaw announced that Sections 5-11 of the Charter are yet to be reviewed. This would be less 
 than 8 articles and he suggested that 3 articles be reviewed at each meeting. He set a target date of May 6 
 to complete review of the Charter. Ms. Arnaud suggested Sections 5-8 be reviewed at the next meeting 
 and mentioned that Section 8 is a short section. Mr. Nevar noted that while Section 8 is short, it may 
 require the most discussion. Mr. Langshaw proposed the next two meeting dates be March 18 and April l 
 at 6:30 p.m. 

 Mr. Nevar added that at the conclusion of the Commission's review the Law Department would put 
 together a final document for the Commission to review and vote upon. He also verified that everyone's 
 emails were correct. 

 ADJOURNMENT: 

 Mr. Fenske moved to adjourn, seconded by Mr. Acevedo. Vote - 9 ayes, 0 nays. 

 Being no further business, the meeting adjourned at 7: 17 pm. 

 Respectfully submitted, 


 Laura Timura 
 Charter Review Commission Secretary 
~~ 
 Daniel Langshaw 
 Chairman 

  March   18,  2025 
 Adopted