The City has directed the City Attorney, Jonathan Robe to provide them a clarification of law as to City Council Member qualifications regarding a felony conviction. A more complete report will be presented at the regular Council meeting scheduled for April 28, 2025. Any specific questions the public would like Council to direct to the City Attorney regarding this matter should be submitted by 1:00PM, Monday, April 28, 2025, meeting to the Council clerk at
Nelsonville City Charter Section 4.02 sets forth the qualifications for a Member of Nelsonville City Council. A principal qualification is that a Member be a “qualified elector.” Failure to be or remain a “qualified elector” subjects a Member to a removal vote.
R.C. 2961.01(A)(1) provides that a felony conviction “under the laws of this or any other state or the United States” isn’t competent to be an elector or to hold an office of honor, trust or profit. But under R.C. 2961.01(A)(2), such incompetency to be an elector doesn’t apply to one who is “released under a non-jail community control sanction.” A person who is subject to only community control remains competent to be an elector.
R.C. 2961.02 provides that one convicted of a disqualifying offense is prohibited from serving as a public official or employee. But the disqualifying offenses are expressly limited to felony theft or a felony involving fraud, deceit or theft.
Nelsonville City Charter Section 11.08(B)(3) provides City Council may remove a Member for “conviction of a felony.” But Section 11.08(B)(3) only applies to a felony conviction occurring while someone is in office; it doesn’t apply to a felony conviction occurring prior to assuming office.