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High Court: Carlisle councilman should be removed from office

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By Skip Weaver, Staff Writer Updated 8:03 PM Thursday, January 12, 2012

CARLISLE — The Ohio Supreme Court has overturned a decision by the village council to appoint Scott Richardson as a councilman.

In an unanimous decision announced Thursday, the state’s highest court said Terry Johnson, who former Carlisle Mayor Tim Humphries chose for the position, should have been appointed in July.

It’s now unclear if any legislation that Richardson voted on will remain intact or if new votes will have to be taken.

Richardson and Johnson were two of three people council considered to fill the unexpired term of Chad S. Johnson, who resigned his seat effective June 1, 2011. Cheryl Sweezy was the other.

A vote from the remaining six council members determined that Richardson, who received three of the votes, would be appointed to the seat. Based on the village charter, Law Director David Chicarelli concluded, according to the Court’s ruling, that to be a proper majority for appointment.

Richardson was sworn in on June 30. However, Humphries, believing that Richardson’s appointment was incorrect, appointed Terry Johnson to the seat on July 1.

Richardson refused to step down and Johnson filed his action with the Supreme Court in August.

In its ruling, the Court upheld Johnson’s claim, saying that Richardson did not receive a “majority” vote.

“In the ruling, they pointed out the charter doesn’t define the word majority and we will follow that decision,” Chicarelli said. “But if you look up the definition of majority in Black’s Law Dictionary, which is what the court used, the first definition says ‘the greater number.’

“The bottom line is this was a close call,” he added. “The Supreme Court chose a different definition and that’s what we have to follow.”

Chicarelli also said he did not think there would need to be a review of anything Richardson has voted on.

“I thought all along what we did was right and now the Supreme Court has confirmed it,” Johnson said of the nearly six-month ordeal. “It was difficult not knowing what was going on, but I knew eventually justice would be done and I’m excited to get started.”

Richardson said he was not disappointed with the ruling.

“I was asked to do a job and I stepped up and did what I thought was right,” Richardson said. “It’s a shame the way this has come out, but it’s behind us now and it’s time to move on.

“I think we got some things done in getting this city headed in the right direction and that’s what is important,” he added. “Congratulations to (Terry). I’m sure he’ll do a fine job.”

Humphries said he is happy for Johnson.

“I reaffirmed the congratulations I gave him on July 1 when I swore him in,” Humphries said. “I knew he was our council member. The charter is very clear that if a council member is not appointed within 30 days that it is the duty of the mayor to appoint someone immediately and that’s what I did.

“The charter is simple and this just solidifies what I’ve known,” he added.

Council’s next meeting is scheduled for Jan. 24.

Contact this reporter at (513) 705-2852 or Skip.Weaver@coxinc.com.

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