The State Ex Rel. Bates v. Smith
147 Ohio St. 3d 322
Ohio2016Background
- Shawn Valentine was elected Spencer Township trustee for 2014–2017 and is a member of the Ohio Army National Guard who was deployed for active military service in September 2015.
- Valentine informed fellow trustees (Michael Hood and D. Hilarion Smith) of his upcoming deployment and attended a board meeting four days before deployment; subsequent meeting minutes listed him as on “military leave.”
- At a December 30, 2015 meeting trustees adjourned without declaring an emergency; a paper notice was later posted for an “emergency meeting” scheduled for December 31, less than 24 hours’ notice.
- At the December 31 meeting Hood and Smith voted to declare Valentine’s office vacant under R.C. 503.241 (90-day absence rule) and appointed Smith to the trustee position effective January 1, 2016.
- Relator Julia Bates, Lucas County Prosecuting Attorney, filed quo warranto asserting the vacancy declaration violated R.C. 503.241’s military-service exception and that the December 31 appointment violated the Open Meetings Act’s 24-hour notice requirement; Smith did not answer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trustee on active military service can be declared vacant under R.C. 503.241 for absenteeism | Bates: R.C. 503.241 excludes active military service from the 90-day absence rule; Valentine’s office was not vacant | Smith: Office could be declared vacant due to absence exceeding 90 days (and lack of documentation) | Held: Vacancy declaration unlawful—statute expressly excepts active military service; Smith usurped title |
| Whether actions at the Dec. 31 meeting were invalid under Ohio’s Open Meetings Act (R.C. 121.22(F)) | Bates: December 31 meeting was an invalid special/emergency meeting because <24 hours’ notice was given and no emergency existed | Smith: the meeting was treated as an emergency meeting (paper notice on door) | Held: Meeting violated 24-hour notice requirement and was not justified as an emergency; actions (vacancy declaration and appointment) invalid |
Key Cases Cited
- State ex rel. Ebbing v. Ricketts, 978 N.E.2d 188 (Ohio 2012) (quo warranto is the exclusive remedy to challenge right to public office)
- State ex rel. Johnson v. Richardson, 961 N.E.2d 187 (Ohio 2012) (standards for quo warranto and relator standing)
- State ex rel. Zeigler v. Zumbar, 951 N.E.2d 405 (Ohio 2011) (requirements to obtain writ of quo warranto)