ADAMS TWP — The leader of a group that got 485 residents to agree that the township should decrease the number of township supervisors from five to three wants the county to decide on the constitutionality of the referendum that would make that change.

Charles Clark said the supervisors do not listen to citizens who come to meetings with concerns, which was his reason for spearheading the door-to-door petition campaign for the referendum.

Right now the referendum for the change is not on the Nov. 4 ballot because the Butler County Commissioners, who also serve as the county election board, tabled a vote on the matter Wednesday.

Clark on Aug. 5 submitted the petition to the county elections bureau so the county election board could vote on whether to place the referendum on the ballot.

He talked Monday with the Butler Eagle about his group’s collection of 485 signatures on the petition. However, he did not say he already had on Friday sent a handwritten letter to Shari Brewer, elections bureau director, questioning the legality of the petition.

He wrote about a similar referendum in Center Township in 2012 that was struck down by a county judge as unconstitutional.

“If you believe that the ballot initiative is unconstitutional, then I personally understand that this initiative will not proceed and that you will not place the question on the ballot,” Clark wrote.

On Wednesday, the county commissioners tabled a vote on whether to place the referendum on the ballot because Brewer said the petition had been withdrawn.

Clark on Wednesday said, “(That) isn’t entirely true.”

He explained he doesn’t want to waste taxpayer money placing a referendum on the ballot that has been deemed unconstitutional in court.

The 2012 Center Township referendum, which asked voters if they were in favor of switching from five to three supervisors was voted on and passed. But county Judge Michael Yeager in January 2013 ruled that referendum was unconstitutional because it eliminated supervisor posts before their terms were finished.

Clark said he only found out about the Center Township situation after he had submitted the Adams petition to Brewer.

Clark’s stance on the petition now is the county should decide before the Nov. 4 election whether such referendums are unconstitutional.

“The onus is on the (county) board of elections and the county solicitor to decide if they will place the referendum on the ballot,” Clark said.

“The constitutionality question, in my opinion, was not resolved in Center as the law remains unamended on the books.”

Clark said the letter he sent the bureau of elections on Friday “obligates the county to decide in advance if they are going to support the will of the people and allow a meaningful vote of no confidence.”

Brewer diverted questions regarding whether the Adams referendum would appear on the November ballot or whether it could legally be withdrawn to county solicitor Mike English. English was not available on Wednesday.

“We’re waiting to see what legal council decides,” Brewer said.