After the Mayor of East Cleveland was recalled by the voters, an attempt was made to appoint new members of City Council on December 29, 2016. In a legal opinion issued on January 3. 2017, the law director declared the appointments illegal.
The City of East Cleveland
BRANDON L. KING, MAYOR
LEGAL OPINION – LEGALITY OF THURSDAY, DECEMBER 29, 2016
CITY COUNCIL MEETING
January 3, 2017
To:
East Cleveland City Council
From: Willa Hemmons, Law Director
Re:
Legal Opinion on Legality of Thursday, December 29, 2016, City Council Meeting
BACKGROUND
Mayor Gary A. Norton, Jr. and City Council President Thomas J. Wheeler, were
recalled, as certified on Monday, December 19, 2016, by the Cuyahoga Board of
Elections. The certification was based upon the results of the City of East
Cleveland Special Election held Tuesday, December 6, 2016. Due to those
election result certifications, then City Council Vice President Brandon L.
King was sworn in as Mayor of the City of East Cleveland on December 20, 2016
as provided by East Cleveland City Charter Section 114. At a Special Council
Meeting on, December 29, 2016, the Agenda, in part, read: Dismiss Community
For Executive Session; City Council Candidate Interviews; Reconvene Meeting
During that alleged ‘reconvened’ meeting, Councilor Nathaniel Martin and Councilor
Barbara J. Thomas attempted to: 1) appoint two individuals to fill Council
vacancies; then, 2) ‘call’ an unannounced, nonposted (See Ohio R.C. §121.22)
‘Organizational Meeting’ at which he proceeded to be ‘elected’ Council
President and Councilor Thomas, ‘elected’ Vice-President by themselves and the
two new ‘appointees,’ Kelvin Earby and Devin Branch; and, immediately that
evening; 3) fire the City Council Clerk, Dr. Khadijah Guy, and hire former City
Council Clerk, Ms. Tracy Udrija-Peters. All of the above actions are unlawful
inasmuch as the December 29, 2016 meeting was illegal.
Thus, each of the actions deriving therefrom are ineffective; and, therefore the
above “appointees” cannot be recognized as such for the reasons set forth below:
SECTION 102. ORGANIZATION OF COUNCIL
…In the absence of both the President and Vice President of the Council, the
senior most member of Council shall be chairperson of the meeting provided a
quorum is present. At the December 29, 2016, Councilor Martin only served as
Chair not as President of Council; and, as shown below, there were only two
Councilors present as Councilor Joie N. Graham, left..
SECTION 111.01 PRESIDENT AND VICE PRESIDENT OF COUNCIL; ANNUAL ELECTION
AND ORGANIZATIONAL MEETING
The election of a President and Vice President of the Council and conduct of
the organization meeting required by Charter or ordinance shall be in accordance
with the following provisions:
14340 Euclid Avenue East Cleveland, Ohio 44112 Law Dept.: Phone (216) 681-2169
Website: eastcleveland.org
Fax (216) 681-2199
