In a unique vote on Dec. 29, Athens City Council approved the controversial retirement center project with only three members voting. Because the Ohio Ethics Commission had discouraged three members from voting a few days earlier, an incomplete council was forced to vote on an issue of significant local importance. The justification used to halt the votes of three council members is questionable, and the reasoning behind the decision too vague. In the end, it deprived officials from voting on an important matter and, though not legally binding, could set a troublesome precedent for future votes.
Weeks ago, the Ethics Commission issued an advisory opinion to prevent Dale Tampke, D-at large (who is no longer on council but was at the time of the vote), Nancy Bain, D-3rd Ward and Paul Wiehl, D-2nd Ward, from voting on, deliberating on or even discussing the Stimson Avenue retirement center project. The objectivity of the council members is considered compromised by their employment with Ohio University. Because OU owns the land on which the retirement center will be located, the Ethics Commission determined the university will benefit from the project and any council members under its employment would feel pressured to vote in a biased manner. However, these fears are largely irrational and, if allowed to reign unchecked, could unnecessarily hamper the proceedings of City Council for many votes to come.
The recommendations of the Ethics Commission are not legally binding, but can serve as evidence in court. Despite assurances to the contrary, however, the decision to comply with the advisory opinion in this case does set a precedent. In the unique landscape that is Athens, the city and OU are interdependent. The retirement center issue has resulted in a divide being drawn between the university and its home city, but given the nature of college towns it is impossible to fully separate the goals of each.
The interests of Athens and OU have been interwoven for such a long time that it is difficult to imagine why the Ethics Commission did not take this into account when making its recommendation. One need only examine the specifics of this issue to see how irrational the commission's logic is. Firstly, it is unclear why the retirement center project will be so beneficial to OU. The university will lease its expensively appraised land for a sum of $1 annually. Clearly, this is not a lucrative enterprise for OU, but essentially a gift to Athens.
The second mistake is that the opinion makes no distinction among the proximity of voters to the university. Two of the three disqualified voters, Bain and Wiehl, had shown that they might provide the most strenuous opposition to the project. The concerns of the advisory opinion and its supporters are not consistent with the reality of this divisive issue.
The gravest mistake a decision such as this makes is implicitly ignoring the relationship between a city and a university in a college town like Athens. OU is Athens' largest employer, as well as the source of its intellectual lifeblood. Absent the university, the city would be void of some of its defining characteristics. To adopt an approach within local government that seems to dismiss this inevitable interdependence and forces an unwarranted wedge between the interests of OU and Athens would be a monumental mistake. Although their goals sometimes differ, the aspirations of both are so closely linked that on one side usually equates with a benefit on the other. This threatens to further drive a wedge between those on both sides of the town-gown culture.
Meanwhile, City Council will only suffer if this precedent holds. If potential candidates know they will be barred from voting on OU-related issues, there is a good chance it will dissuade them from pursuing election at all or stop voters from supporting them. The culture of Athens City Council should focus exclusively on providing the best leadership possible for the city. Alienating worthwhile candidates with OU ties undermines this goal and threatens any vision of a more prosperous Athens. Ironically, the city and university are currently working on Athens' Comprehensive Plan, which seeks to prepare Athens for 2010 and would theoretically have large benefits for both OU and Athens. Considerations like these are paramount when choosing to deny council members the right to vote.
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OU-Athens interaction steers politics
