SALEM — City council voted to override a rare mayoral veto in its meeting Tuesday.

Mayor Cyndi Baronzzi Dickey informed council on Jan. 7 that she would veto an ordinance updating the city’s housing code which was passed in its Jan. 6 meeting. The ordinance made sweeping language changes to the code to place oversight of the housing department and any appeals or other issues concerning the housing code with the board of housing appeals rather than the board of health, which was tasked with that oversight prior.

However, Dickey said that an oversight in those language updates specified that appointments to the board and the hire of any personnel for the department would be made by the mayor with approval from city council, which Dickey said was not in accordance with Ohio Revised Code. She explained that the Ohio Revised Code specifies that with housing moved from the health department to city hall that any appointments and hires fall under the purview of the mayor without council’s authorization.

“The statutes in the state code are pretty clear on whose authority it is to do those things,” said Dickey.

City Law Director Brooke Zellers said since Dickey issued her veto within 10 days of the ordinance’s passage, council was required to consider the veto in its subsequent meeting. He also explained that as it was not a financial ordinance, the veto could not be conducted by line item, meaning that if council opted to allow the veto to stand, the entire ordinance would be struck down until it could be corrected, leaving the housing department and any appeals under the oversight of the board of health. In addition to overriding the veto with a two-third majority vote, council could also have opted to make amendments to the ordinance to correct the erroneous language. However, the amendments that would be required were set to be discussed during a meeting of the rules and ordinance committee on Wednesday.

Dickey said that there were currently no imminent hires nor appeals slated in the housing department, and with the board of health also set to hold its January meeting Wednesday, that the corrected ordinance could safely be approved by council in its Feb. 3 meeting if council did not want to overturn the veto. Zellers ultimately said that with corrections for the erroneous language already set to be discussed by committee prior to council’s next meeting, his legal recommendation was either for council to overrule the veto, or for Dickey to withdraw it with the understanding the language would be corrected by council’s next meeting to ensure “that housing is still dealt with by the board of appeals.”

Councilwoman Jayne Bricker ultimately made a motion to override the veto, seconded by Councilman Mike Weir, which council voted unanimously to approve. When asked if the language discrepancy would present a legal issue for the city, Dickey said that it should not as long as the incorrect procedure is not actually enacted prior to the correction, and she had no intention of making any hires or appointments for the department until the correction was made.

Council President Evan Newman said that while the ordinance at issue had been distributed to the members of council and discussed at the committee level, the situation was a good reminder of the importance of submitting any legislation to be discussed in a city council meeting several days in advance.

“That’s not an attack on any committee, or [Zellers] or [City Administrative Secretary Debbie Bricker], nor was it the case with this ordinance. I’m just trying to ensure we prep ourselves for any future issues,” said Newman.

Council will meet next at 7 p.m. on Feb. 3.