LEXINGTON – Lexington village councilwoman Katie Getz resigned over the weekend, citing “unnecessary controversy” about her residency status.
The issue arose after a resident expressed concern that Getz did not live within village limits. Council had previously sought a legal opinion on the matter, which stated that Getz was in fact eligible under the village charter.
Getz lived in Lexington when she was appointed and later elected in 2021. Her family has since moved out of the village temporarily while their new home (within village limits) is being built.
Getz said her family was unable to find a temporary residence within the village, but that they still live close by and within the Lexington Local School District.
Getz also said she wouldn’t have kept her name on the ballot if it weren’t for a legal opinion, obtained by the village prior to the election, that stated she was still eligible to hold the office.
“This unnecessary controversy, which is contrary to the attached legal opinion, is diverting energy away from the good Village Council does,” she wrote.
Getz said she chose to resign so as not to be a distraction from more important matters.
“I don’t want to take time, effort and resources away from the village for something that I don’t think should be controversy,” she said.
“There are so many other good things that council can do and should have their focus on.”
Mayor Brian White and village council president Bob Jarvis both praised Getz’s service to the village, calling the circumstances surrounding her departure unfortunate.
“Katie’s done a wonderful job as councilperson for the village,” Jarvis said. “It was a shame and a tough situation there. She will be missed.”
White said Getz has always been a good community leader.
“I expect she’ll continue to do a lot of good things in our community,” he said.
During her time on council, Getz chaired the building and grounds committee and served on the public utilities and rules and personnel committees.
Jarvis said he encouraged Getz to run again in the future, when there are no doubts about her eligibility.
Getz was appointed in February 2021 to finish out the first two years of Erin Underwood’s term after the former councilwoman resigned. She successfully ran to finish out Underwood’s term that November, securing a spot on council through 2023.
Village council sought a legal opinion from local attorney Reese F. Mills prior to the election to ensure that Getz was eligible to hold the seat.
According to the opinion, issued a week before Election Day 2021, Getz and her husband had recently sold their Lexington residence and planned to vacate the home just a few days after the election. The couple had also signed a purchase agreement for two lots within the village and planned to construct a new home there in the spring of 2022.
Mills found that Getz was still eligible to serve on council because the village charter only requires that council members be qualified electors, not residents, of Lexington.
“Still being an elector, she can continue to serve as a Councilperson of the Village of Lexington,” Mills wrote.
According to Section 3.02 of the charter, members of council must be qualified electors for at least 18 months prior to taking office and during their term of office.
Mills cited the Ohio Constitution’s definition of a qualified elector and concluded that Getz will remain an elector of the village unless she fails to vote for four consecutive years.
“Even if (the charter) did require residency, (Getz) might arguably remain a resident of the Village under the reasoning of the Donahue case since living outside the Village is intended by her to only be temporary until she moves into her new home within the Village,” Mills wrote.
The Donahue case, referenced earlier in the opinion, dealt with eligibility concerns for a mayoral candidate in Lima.
This summer, the Village asked Mills to review her prior opinion based on inquiries from a resident.
In that opinion, Mills wrote that it appeared the Getz family “did not purchase any land in the Village in their name and their plans had changed.”
Getz told Richland Source that she was not allowed to speak with Mills regarding the legal opinion and that the property was purchased in 2021 in the name of her husband’s family business, Getz Builders.
“When you build, the land and house stays in the builders’ name until the end,” she explained.
Mills also wrote that “some debate may exist” regarding Getz’s elector status and that “the law as applied to the facts here is unclear.”
She noted that as of July 29, Getz had resided outside the village for more than six months, potentially calling into question her status as an elector in the village for the November 2023 election.
Mills suggested that “in order to resolve this issue,” Getz agree not to file a re-election petition in 2023 unless she has secured a residence in the village by the petition filing deadline.
“Hopefully, that agreement still permits her to serve out the remainder of her current term,” Mills wrote.
Mills also suggested council either amend its chart or pass legislation to clarify the issue of residency and council eligibility once and for all.
It isn’t the first time the issue has come up in the village.
In her first opinion, Mills stated that the Attorney Harry M. Welsh had recommended the Village charter be updated to include a residency requirement for council members in 2013.
“Based upon his knowledge of an earlier situation involving a County commissioner, it was his opinion that being an elector of Lexington and being a resident of Lexington were two separate, independent issues,” she wrote.
Who will fill Getz’s seat?
The Lexington village charter gives council 30 days to fill a vacancy. If a new councilperson is not appointed in time, the responsibility falls to the mayor.
Anyone wishing to filling Getz’s seat should write a letter to council expressing their interest in the role.
Jarvis said it would be helpful for candidates to include information about their community involvement and a resume.
Letters can be emailed to bwilson@lexingtonohio.us or dropped off at the village hall until September 9. After that, council will schedule interviews.
