Marysville’s recently formed ad hoc committee to discuss council rules has started discussion on a section that would allow the body to expel one of its members.
At the conclusion of Thursday’s meeting, Law Director Tim Aslaner introduced a seventh section, titled Expulsion, to the Rules of Council document. The section, “establishes the grounds and process for the expulsion of a councilmember from office.”
According to the proposed rule, a councilmember may be expelled if they: have pleaded guilty or no contest to or been convicted of a felony while in office; have pleaded guilty or no contest to or been convicted of any crime involving dereliction of duties while in office; failed to attend three consecutive regular meetings of council without being excused by council; lack, or are found to have lacked at any time, any eligibility requirement prescribed by the City of Marysville Charter; or for “gross misconduct, misfeasance, malfeasance, nonfeasance, conviction in office of a crime of moral turpitude.”
Aslaner said the rule was, “not necessarily written in response to anything that has happened.”
“Really?” responded council and ad hoc committee member Deb Groat, who openly laughed at Aslaner’s comment.
In December, council president Henk Berbee reprimanded council member Aaron Carpenter for social media posts calling for the President to declare martial law and order a national revote. A pair of residents spoke at the council meeting this month asking the body to remove Carpenter after he attended a rally in Washington D.C. that turned into a deadly riot at the Capitol.
The law director did acknowledge that in recent months officials have been approached about how council can remove a member.
Human Resources Director Brian Dostanko echoed that the rule “isn’t reactive” and “isn’t written in response to anything,” though he also said that through recent events and conversations, “some light has been shed here.”
Officials said the Ohio Constitution and the Ohio Revised Code give councils the authority to expel a member. They said that many councils do have a process in place for removal.
Aslaner said the rule is, “a hodge-podge from other jurisdictions” noting that several city officials have already reviewed it.
Councilman Alan Seymour said the rule, “should have been on the books 20 years ago.”
Aslaner said this rule is easier to enforce than a code of conduct. He said a code of conduct has few remedies for someone who breaks it.
“How is that member going to be disciplined? That is going to be the challenge,” he said about a code of conduct that would not be part of the council’s official rules.
Groat asked if the city’s existing code of conduct for employees governs the conduct of council members. Aslaner said that while the city pays council members, they are elected and the code does not apply to them. He said they answer to the voters, not city administration or leadership.
Groat said that’s where her concern comes in. She said a council member is, “hired by the public and the public has the right to fire that councilman.”
She said there are recalls and future elections in place to help voters who feel an official no longer represents them.
“Expulsion of an elected official should only be done by the electorate,” Groat said. “I will never vote for a Section 7. If the electorate won’t do it, it is arrogance for me to think I have the right to judge someone else’s’ behavior.”
Aslaner urged committee members to “take this with you and take a look at it.” He said members should be ready to discuss the section at the next committee meeting at 10 a.m. Thursday.
The committee was created at a recent council meeting to review the written rules of council. The ad hoc committee wants to have recommendations for the full council by the first meeting in February.