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JURCISIN v. CUYAHOGA CTY. BD. OF ELECTIONS

No. 86-1727.

35 Ohio St. 3d 137 (1988)

JURCISIN ET AL., APPELLANTS, v. CUYAHOGA COUNTY BOARD OF ELECTIONS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 10, 1988.

Attorney(s) appearing for the Case

Chattman, Garfield, Friedlander & Paul, Gerald B. Chattman, Douglas J. Paul and Richard G. Ross, for appellants Paul Jurcisin and Cleveland Police Patrolmen's Association.

Gold, Rotatori, Schwartz & Gibbons Co., L.P.A., Susan L. Gragel and Kent R. Markus, for appellants Joseph Musarra and Fraternal Order of Police.

Marilyn G. Zack, law director, Nick Tomino, Kathleen A. Martin and Barbara R. Marburger, for appellee city of Cleveland.

John T. Corrigan, prosecuting attorney, Patrick J. Murphy and Michael P. Butler, for appellee Cuyahoga County Board of Elections.

James R. Willis, for appellee Cleveland City Council.

Stephen W. Gard, urging affirmance for amicus curiae, ACLU of Cleveland Foundation, Inc.

Yvonne C. Billingsley, Theodore E. Meckler and Roy M. Kaugman, urging affirmance for amicus curiae, Coalition for a Civilian Review Board.

MOYER, C.J.

Appellants challenge the amendment to the home-rule charter of the city of Cleveland on three grounds:

1. That the ballot title and summary identifying the charter amendment question for the voters on the November 6, 1984 question and issues ballot did not properly describe the substance of the proposed amendment.

2. If implemented, the amendment would conflict with and therefore breach the collective bargaining agreements between the city...

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