City Charter amendments on the Cleveland ballot November 4, 2008

(The actual ballot language of each issue according to the Cuyahoga County Board of Elections is reproduced below. Only the bullets and list structure have been added.)

Issue 35: Shall various sections of the Charter of the City of Cleveland related to the City’s election process be amended or repealed

  • to recognize that City elections are held every four years;
  • to hold the primary election prior to a regular municipal election on the second Tuesday in September and the eighth Tuesday prior to other municipal elections;
  • to eliminate the circulator’s affidavit and otherwise conform candidacy and nominating petition papers and initiative petition forms to state law;
  • to fix the filing deadline at no later than four p.m. on the seventy-fifth day prior to the primary election day;
  • to eliminate acceptance of candidacy;
  • to provide for ballot forms and write-in spaces as prescribed by state law;
  • to eliminate the requirement that Council determine election devices and balloting by armed forces;
  • to require that Council provide campaign contribution limitations, penalties and an appeal process for violating the limitations, and eliminate the remaining campaign finance provisions in the Charter;
  • to provide a process to fill vacancies in the Council when more than two years exists before the next regular municipal election and to place this election on a general election day if one occurs not less than 160 days nor more than one year after the vacancy occurs or otherwise at a special election with the primary to occur on the first Tuesday after 100 days from the vacancy;
  • to fix the filing deadline for initiative petition papers by no later than 4:00 p.m. on a regular business day of the Council Clerk;
  • and to fix the election on an initiated ordinance at not less than 60 days after certification of the petition signatures by the Clerk?

Issue 36: Shall Sections 115-1 and 115-2 of the Charter of the City of Cleveland be amended to authorize

  • the appointment of two additional members to the Police Review Board with terms commencing on August 8, 2009, and
  • the appointment of civilian investigators to the Office of Professional Standards?

Issue 37: Shall Sections 108 and 167 of the Charter of the City of Cleveland be amended to provide

  • that contracts in excess of $50,000 must be authorized by ordinance of Council;
  • that the Council may increase this amount by a two-thirds affirmative vote;
  • that competitive bidding is not required for cooperative purchase agreements with other government agencies and when the Council so authorizes for purposes that the state authorizes for other cities;
  • and that public improvements may be made by combining the design professional contract with the public improvement contract and be awarded on the basis of the best proposal?

Issue 38: Shall various sections of the Charter of the City of Cleveland related to civil service be amended to

  • (1) allow appeals of employees to the Civil Service Commission from suspensions of more than 3 days and authorize the Commission to set the appeal for hearing within 30 days;
  • (2) provide that the unclassified service shall include assistant directors of departments, executive and special assistants to the Mayor, temporary employees for a period not to exceed 90 days, seasonal employees for a period not to exceed 180, and students enrolled in any recognized educational institution;
  • (3) provide that the non-competitive class shall include all positions requiring specialized training, or skills requiring certifications or licensure, and qualifications of a scientific, business, managerial, professional or educational character, as determined by the Commission and that fitness or applicants in the non-competitive class shall be based on the applicant’s knowledge, skills and abilities relative to the qualifications for the position;
  • (4) rename the ordinary unskilled labor class as the general labor class that includes semi-skilled and unskilled labor positions for which it is impractical to give competitive tests and that vacancies in the general labor class shall be filled from the registration list containing qualified applicants provided to the appointing authority by the Commission;
  • (5) provide that in the absence of an eligible list, any position in the competitive service may be filled temporarily, without test, for a period not to exceed one year; and
  • (6) grandfather employees hired in their current position on or before August 6, 2008, who have served for 90 consecutive days without test, who meet the qualifications for their position, and who have a satisfactory employment record as regular employees in their position without test, provided that any grandfathered employee is not eligible to apply for any other position in the classified service without test and compliance with all other applicable civil service laws and rules?

Issue 39: Shall Sections 25 and 25-1 of the Charter of the City of Cleveland be amended to provide

  • that, by April 1, 2009, the Council shall redivide the City into wards based on the City’s population as of February 15, 2009 as determined by estimated population figures compiled by the U.S. Census Bureau or other reliable source as determined by the Council;
  • that the number of wards shall be an odd number between a maximum of 25 wards and a minimum of 11 wards using the table contained in the Charter that reflects a ratio of one ward for every 25,000 people based on the estimated population figure;
  • that if the Council does not act by that date, the Mayor shall redivide the City into wards within 7 days thereafter;
  • that, in the future after each decennial Federal census, the Council shall reapportion the City into wards in the same manner to determine the number of wards based on the census figures, provided that if reapportionment occurs in any year when the City conducts a regular Municipal election and the determination of the Census figures occurs less than 120 days before the filing of nominating petitions, then the reapportionment of wards shall be effective for the next regular Municipal election in four years and subsequent elections;
  • and that the Council shall act within 60 days of the determination of the census figures and if the Council does not act by that date, the Mayor shall have 15 business days to reapportion the City into wards?

Issue 40: Shall Sections 36, 59 and 64 of the Charter of the City of Cleveland be amended to provide

  • that legislation shall be in effect from and after thirty days following passage,
  • a referendum petition may be filed within the thirty-day period, and no referendum may be brought on ordinances passed as emergency measures for the immediate preservation of the public peace, property, health, or safety
  • and providing for the refinancing of bonds, notes or other securities of the City?