Skip to main content
To inspire an alternative mixed-use vision for the UMCH property, for the enjoyment and well-being of all, now and in perpetuity.

Our city government’s false statements on Issue 38

| PCPW Co-chairs | , ,

Below, a message from the Issue 38 campaign, shared with permission. We felt it was crucial to get this out in light of the false claims from our city government and attacks from the usual corners during this election season. Please share this widely.

Today, we sent a formal letter to the City of Worthington’s Law Director regarding the City’s false statements about Issue 38. We have asked that the City promptly cease and desist the spreading of misinformation, and issue a clear statement of retraction and clarification. The letter included a legal opinion from renowned election law firm McTigue & Colombo.

Click here to read the legal opinion addressing the false statements our city government has been making (at taxpayer expense) about Issue 38.

McTigue & Colombo’s founder, Don McTigue, has been referred to as “the gold standard” in election law by a federal judge, and collectively, McTigue & Colombo have served as counsel of record in over 150 Ohio Supreme Court cases, over 500 Ohio Elections Commission matters and as legal counsel to more than 40 statewide ballot issue campaigns.

In other words, these folks know their stuff.

That is exactly why last spring, Our City Our Vote chose McTigue & Colombo to write the charter amendment language that is now known as Issue 38.

You may have heard the false statements from our city government, made by the chair of the Charter Review Commission, that Issue 38 is overly broad, and would expand the types of Council actions that can be submitted to referendum because of the inclusion of the phrase “any ordinance or other measure.”

These false statements have appeared in the taxpayer-funded Village Talks newsletter, on the city’s official Facebook page, and in a Worthington Spotlight piece written by the chair of the Charter Review Commission, and have been repeated by leadership of the Worthington Area Chamber of Commerce and Building Worthington’s Future.

Here’s the truth:

Referendums regarding “any ordinance or other measure” is already the law of the City of Worthington. The phrase is used in Ohio Revised Code 731.29 for municipal referendums and in countless municipal charters across Ohio, including Worthington’s.

The phrase has a distinct legal meaning that is clear and unambiguous to anyone who is familiar with referendums. The “any ordinance or other measure” language does not change what types of actions are subject to referendum. That is determined by Ohio law, and a city charter cannot override it.

What the language does do is ensure that City Council can’t use semantics to circumvent the voters’ right of referendum (more on this below).

There are types of Council actions that are, under Ohio law, subject to referendum. Council can potentially pass such legislation but call it something other than an “ordinance.” Without the language that was wisely included in the Issue 38 charter amendment, Council could have a loophole to sidestep the voters’ right of referendum.

Our city government appears to be taking advantage of the fact that most people are not aware of the distinct legal meaning of the phrase in question. Instead of educating the voters about this,  the city government is, as the legal opinion diplomatically points out, “promoting an alternate and unsupported interpretation of ‘other measure.’”  They are applying the everyday-language meaning of the phrase “or other measure,” instead of the distinct legal meaning—and hoping voters won’t know the difference.

Again, the purpose of this language is to prevent Council from trying to use semantics to circumvent the voters’ right of referendum.

The need for such language in our charter is in fact being demonstrated by the fact that the city government is currently using semantics to mislead Worthington voters.

Many Worthington residents trust our city government to make factually correct statements. With early voting underway, the city’s false claims have likely already impacted some voters’ choices at the polls.

However, there is still time for our City government, and others who have repeated the false claims, to do the right thing. Our City Our Vote has asked that the City cease and desist the spreading of misinformation, and issue a statement of retraction and clarification. We would hope that others who have repeated the false claims would do the same. To fail to do so is to perpetuate ongoing disservice to the public.

In the meantime, there are some things you can do to help:

 

All Categories