J.D. Tomlinson – Lorain County Prosecutor

Dave Yost – Ohio Attorney General

We, the undersigned voters of Lorain, respectfully request that you render a legal opinion on the eligibility of recently elected City of Lorain Charter Commissioners. 

After voter approval of Issue 25 in November 2020, Lorain has the opportunity to outline a charter for the city.  However, questions remain on the eligibility of some elected Commissioners based on the Attorney General’s Compatibility of Public Offices or Positions Index and the Ohio Revised Code:

https://www.ohioattorneygeneral.gov/Files/Government-Entities/Compatibility-of-Public-Offices-or-Positions-Index.aspx

We are concerned about conflict of interest issues with currently elected city officials and city employees and the ability of these individuals to effectively represent the wishes of voters rather than their own personal interests.  For example:would the mayor support a city manager, with specific experience and educational background, and a ceremonial mayor?

·    For example would the treasurer and auditor support replacement of those two positions with a Finance Director, with specific experience and educational background?

We would specifically like a legal opinion on the eligibility of the following commissioners:

Joel Arredondo – President of City Council

Jack Bradley – Mayor

Ted Kalo – Clerk of Courts

Terri Soto – Treasurer

Karen Shawver – Auditor

Rick Soto - Chief of Staff, Safety Service Department

Mallory Santiago - Prosecutor

In a Commission meeting on February 16, 2021, Dennis Flores, a Charter Commissioner, brought up the issue of eligibility.  Garry Hunter, an attorney hired by the Commission responded that the Board of Elections had certified all Commissioners and it was too late to do anything.  It appears the issue of eligibility is not resolved through the Board of Elections but either the County Prosecutor’s Office or the Ohio Attorney General.  Ideally, the issue of eligibility should have been decided before any individual decided to run for a seat on the Commission.  Since that did not happen, and since there continues to be confusion on the eligibility of Commissioners, we would appreciate a legal ruling on all issues mentioned here. 

Thank you,

The undersigned Lorain voters