State ex rel. Vana v. Maple Heights City Council

561 N.E.2d 909, 54 Ohio St. 3d 91, 1990 Ohio LEXIS 1140
CourtOhio Supreme Court
DecidedOctober 10, 1990
DocketNo. 89-160
StatusPublished
Cited by43 cases

This text of 561 N.E.2d 909 (State ex rel. Vana v. Maple Heights City Council) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Vana v. Maple Heights City Council, 561 N.E.2d 909, 54 Ohio St. 3d 91, 1990 Ohio LEXIS 1140 (Ohio 1990).

Opinions

Moyer, C.J.

In the case before us, appellant Zgrabik concedes that Section 4, Article III of the Maple Heights Charter prohibits him from holding office. He contends, however, that this provision violates the Equal Protection Clauses of the Ohio and United States Constitutions because it lacks a rational basis and infringes on rights of political expression. Since Zgrabik challenges the charter classification under the Equal Protection Clauses, we must first determine the appropriate standard of review.

Legislation enacted by a municipality ordinarily is presumed to be valid and the enacting body is presumed to have acted constitutionally. Xenia v. Schmidt (1920), 101 Ohio St. 437, 130 N.E. 24. Under a traditional equal protection analysis, class distinctions in legislation are permissible if they bear some rational relationship to a legitimate governmental objective. Departures from traditional equal protection principles are permitted only when burdens upon suspect classifications or abridgments of fundamental rights are involved. Clements v. Fashing (1982), 457 U.S. 957, 963.

Zgrabik does not contend, and we do not find, that he is a member of a suspect classification which, as such, would justify a departure from the traditional equal protection principles. Additionally, the United States Supreme Court has not recognized candidacy as a fundamental right invoking a “rigorous standard of review.” Bullock v. Carter (1972), 405 U.S. 134, 142-143. For, as this court previously noted, “* * * there is no fundamental right to run for public office.” State, ex rel. Keefe, v. Eyrich (1986), 22 Ohio St. 3d 164, 165, 22 OBR 252, 489 N.E. 2d 259, 260.

Thus, since neither a suspect classification nor a fundamental right is involved, the charter restriction must be upheld “* * * if it bears a rational relationship to a legitimate governmental interest. * * * In a rational-basis analysis, we must uphold the statute unless the classification is wholly irrelevant to the achievement of the state’s purpose.” (Footnote deleted.) Menefee v. Queen City Metro (1990), 49 Ohio St. 3d 27, 29, 550 N.E. 2d 181, 183.

Applying the rational relationship test to the Maple Heights City Charter, the charter is easily able to withstand the proper standard of review. Even though it is not possible to glean from the charter itself all the reasons it was adopted, it is apparent that by prohibiting elected officers from having an interest in “the profits or emoluments of any contract, work or service for the Municipality,” the electors of the city were concerned with actual or potential conflicts of interest as well as the appearance of impropriety by city council members. The city may properly determine that it wants to avoid the appearance of impropriety caused by permitting its council members to receive a salary from two public payrolls. See Bennett v. Celebrezze (1986), 34 Ohio App. 3d 260, 518 N.E. 2d 25. It is also within the authority of the city to determine that it chooses not to have its council members receive salaries from two entities that are supported by public tax monies, State, ex rel. Platz, v. Mucci (1967), 10 Ohio St. 2d 60, 39 O.O. 2d 48, 225 N.E. 2d 238, and that permitting one person to hold two governmental positions would accumulate too much power in one person. By adopting this provision of the charter, the citizens of Maple Heights believed that [93]*93this restriction was the best method to assist members of council in avoiding potential conflicts of interest. Bennett, supra.

The discussion above belies the suggestion that there was no reasonable basis for the city to have adopted the restrictive language of its charter. There may be other methods, perhaps even better methods, for the city to achieve its stated goals; however, “[u]nder traditional equal protection principles, a classification is not deficient simply because the State could have selected another means of achieving the desired ends. * * * Neither the Equal Protection Clause nor the First Amendment authorizes this Court to review in cases such as this the manner in which a State has decided to govern itself. * * * Our view of the wisdom of a state constitutional provision may not color our task of constitutional adjudication.” Clements, supra, at 969, 972-973.

Appellant Zgrabik suggests that allowing a teacher employed outside the Maple Heights school district to serve on the council negates the Maple Heights Charter restrictions. We disagree. The city may reasonably find that the appearance of impropriety or danger of potential conflict is greater when the council member is on the payroll of both the city and the city school district. It is not unreasonable to believe that more opportunities for conflicts arise between the city and its school district than between the city and an outside school district. The provision in the Maple Heights Charter that prohibits an elected official from simultaneously holding other public office or other public employment does not violate the Equal Protection Clauses of the Ohio and United States Constitutions, and carving out an additional exception to the public employment prohibition does not serve to invalidate the charter restrictions. See Mucci and Bennett, supra.

Distinctions among various classifications for public officeholders are permissible if based upon a rational predicate. “The Equal Protection Clause allows the states considerable leeway to enact legislation that may appear to affect similarly situated people differently * * *. Classifications are set aside only if they are based solely on reasons totally unrelated to the pursuit of the State’s goals and only if no grounds can be conceived to justify them.” (Emphasis added.) Clements, supra, at 962-963.

The charter is not required to restrict all classes of impermissible public employment because it restricts some classes of impermissible public employment. It is only necessary that the classification be conspicuous, rest on reasonable grounds and affect all persons in the class equally. Xenia, supra. No ambiguity exists in the Maple Heights Charter: public officers and those in public employment, except teachers employed outside the school district, are prohibited from serving on the city council. All persons in each classification are treated equally: no public officers, no employees within the Maple Heights school district and no other public employees, except teachers employed outside the school district, may become council members.

In Clements, supra, a Texas state constitutional provision required certain officeholders to resign their posts prior to running for other elective office. In upholding the state’s right to impose certain basic qualifications upon those seeking public office, the United States Supreme Court emphasized that it was not necessary for the state to treat all officeholders similarly: “That the State did not go further in applying the automatic resignation provision to those of[94]*94ficeholders whose terms were not extended * * *, absent an invidious purpose, is not the sort of malfunctioning of the State’s lawmaking process forbidden by the Equal Protection Clause * * *. A regulation is not devoid of a rational predicate simply because it happens to be incomplete * * *.

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Cite This Page — Counsel Stack

Bluebook (online)
561 N.E.2d 909, 54 Ohio St. 3d 91, 1990 Ohio LEXIS 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-vana-v-maple-heights-city-council-ohio-1990.