State Ex Rel. Committee for Charter Amendment Petition to Limit Use of Photo-Monitoring Devices v. City of Maple Heights
140 Ohio St. 3d 334
Ohio2014Background
- Relators seek mandamus to compel Maple Heights to place charter amendment on the November 4, 2014 ballot after petition certification.
- Petition certified August 18, 2014; constitutional deadline to pass ordinance was September 5, 2014.
- City council gave first reading September 3, 2014 and referred to a committee but has not scheduled a vote.
- Council argued compliance with charter provisions and potential need for review time; Constitution imposes a mandatory “forthwith” duty.
- Relators seek security-for-costs determination; court waives security and awards attorney fees.
- Court grants writ ordering immediate action to place amendment on ballot; security waived and attorney fees awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether council failed to act forthwith to place the amendment on the ballot | Maple Heights acted late after certification | Council complied with charter review steps | Writ granted; failure to act forthwith established |
| Whether the constitutional deadline required immediate action despite review steps | Forthwith duty requires immediate action | Some review permissible under charter and statute | Writ granted; deadline effectively enforced |
| Whether the three-reading requirement of R.C. 731.17 applies or can be waived | Three readings required; timely action needed | Three-reading requirement may be waived by three-fourths vote | Waiver applicable; not controlling to delay action |
| Whether security for costs should be required and how calculated | Taxpayer action status may permit attorney-fee recovery | Security for costs is prerequisite to taxpayer action | Security waived; attorney fees awarded to relators |
Key Cases Cited
- State ex rel. Jurcisin v. Cotner, 10 Ohio St.3d 171 (Ohio 1984) (mandamus to compel action when timing is critical)
- State ex rel. Commt. for Charter Amendment Petition v. Avon, 81 Ohio St.3d 590 (Ohio 1998) (forthwith duty to act; review of sufficiency lacking delay unacceptable)
- State ex rel. Commt. for the Charter Amendment, City Trash Collection v. Westlake, 97 Ohio St.3d 100 (Ohio 2002) (mandamus when council delays without justification)
- State ex rel. Waters v. Spaeth, 131 Ohio St.3d 55 (Ohio 2012) (establishing standard for mandamus relief; gatekeeping for remedies)