Former Councilman Sues North Canton Over Raises for Elected Officials

Former North Canton City Councilman Chuck Osborne filed a lawsuit Monday in an attempt to block recent legislation passed by Council that allows for city officials to receive raises. 

Under the approved July 8 "emergency" legislation, Council's seven members and the mayor would receive wage increases in December following the Nov. 5 General Election.

In the lawsuit, Osborne points to the manner in which the legislation was approved, and contends the emergency passage was an ill-conceived move. 

For reference, Council may read a proposed ordinance three times before it's voted on, but more often, it approves legislation under emergency measures if it has good reason. 

Emergency measures require only one reading, and since Council needed to approve the raises by July 8 for the increased salaries to kick in by December, it used its emergency powers to expedite the process. 

The lawsuit calls into question Council's timing on passing the raises since it "stripped" a resident's ability to referendum the salary decision, said Osborne.

Under non-emergency circumstances, residents have 30 days after a given piece of legislation's third reading to collect signatures and put forth a referendum, leaving the decision to pass or reject the raises to local voters instead of elected officials. 

Osborne called Council's use of its emergency powers "a flagrant abuse" and said the lawsuit is intended to nullify the raise ordinance. 

If Osborne wins the legal skirmish, Council would miss its chance to raise salaries in 2013, and would have to wait until 2015, after the next election cycle, to approve wage increases. 

Council president Jon Snyder, Ward 4, told Patch Tuesday that he "respects the rights of citizens to use referendum, to use different initiatives, to use the courts to their best interest" but noted he couldn't comment on the matter further since he hadn't yet read Osborne's complaint.

Snyder said the city has 28 days to review and respond to the lawsuit. 

Under the approved wage increase ordinance, the council president would receive a 42 percent raise, boosting the existing salary from $5,700 to $8,100 a year, and the six council members’ salaries would increase 50 percent from $4,800 to $7,200 a year.

The raises would cost the city an extra $19,200 per year. 

North Canton's elected officials haven't received pay increases since 2002.

Editor's note: North Canton Law Director Tim Fox is on vacation and couldn't immediately be reached for comment.