Government
CHARTER OF THE MUNICIPALITY OF CORTLAND
TABLE OF CONTENTS
EDITOR'S NOTE: The Charter of the City of Cortland, Ohio, was adopted by the voters on November 4, 1980. Dates appearing in parenthesis following section headings indicate those sections were subsequently amended, added or repealed on the date given.
ARTICLE I NAME AND BOUNDARIES.
SECTION 3.01 LEGISLATIVE AUTHORITY.
SECTION 3.02 COMPOSITION AND TERM.
SECTION 3.04 PRESIDENT AND VICE PRESIDENT OF COUNCIL.
SECTION 3.05 CLERK OF COUNCIL.
SECTION 3.06 RULES AND JOURNAL OF COUNCIL.
SECTION 3.07 OPENING PLEDGE TO THE FLAG AND PRAYERS AT MEETINGS.
SECTION 3.08 REGULAR MEETINGS.
SECTION 3.09 SPECIAL MEETINGS.
SECTION 3.11 LEGISLATIVE PROCEDURE.
SECTION 3.13 EFFECTIVE DATE OF RESOLUTIONS AND ORDINANCES.
SECTION 3.14 COMPENSATION AND BONDS.
SECTION 3.16 REMOVAL OF ELECTIVE OFFICERS.
SECTION 3.17 DEPARTMENTS, BOARDS, AND COMMISSIONS.
SECTION 3.18 RIGHTS IN COUNCIL OF EXECUTIVE OFFICERS.
SECTION 3.19 ADMINISTRATIVE SERVICE.
SECTION 4.01 ELECTION AND TERM.
SECTION 4.04 EXECUTIVE AND ADMINISTRATIVE POWERS.
SECTION 4.05 LEGISLATIVE POWERS.
SECTION 4.07 ABSENCE AND VACANCY.
ARTICLE V DEPARTMENT OF FINANCE.
SECTION 5.01 ESTABLISHMENT OF DEPARTMENT OF FINANCE.
SECTION 5.02 DIRECTOR OF FINANCE.
SECTION 5.03 QUALIFICATIONS OF DIRECTOR OF FINANCE.
SECTION 5.04 GENERAL DUTIES OF DIRECTOR OF FINANCE.
SECTION 5.05 ACCOUNTING PROCEDURES AND BUDGETARY CONTROL.
SECTION 5.08 REMOVAL OF DIRECTOR OF FINANCE.
ARTICLE VI PLANNING, ZONING, AND BUILDING COMMISSION.
SECTION 6.01 COMPOSITION AND TERM.
SECTION 6.02 ORGANIZATION OF THE COMMISSION.
SECTION 6.03 POWERS AND DUTIES OF THE COMMISSION.
SECTION 6.04 MANDATORY REFERRAL TO PLANNING, ZONING, AND BUILDING COMMISSION.
SECTION 6.05 PUBLIC HEARING BY COUNCIL.
SECTION 6.06 ACTION BY COUNCIL.
ARTICLE VII BOARD OF ZONING AND BUILDING APPEALS.
SECTION 7.01 COMPOSITION AND TERM.
SECTION 7.04 MEETINGS AND PROCEDURE.
ARTICLE VIII DEPARTMENT OF PUBLIC SERVICE.
SECTION 8.01 ESTABLISHMENT OF DEPARTMENT OF PUBLIC SERVICE.
SECTION 8.02 APPOINTMENT OF DIRECTOR OF PUBLIC SERVICE.
SECTION 8.03 QUALIFICATIONS OF DIRECTOR OF PUBLIC SERVICE.
SECTION 8.04 GENERAL DUTIES OF DIRECTOR OF PUBLIC SERVICE.
SECTION 8.05 PURCHASING FUNCTION.
SECTION 8.06 EMPLOYEES AND ASSISTANTS.
ARTICLE IX DEPARTMENT OF PUBLIC SAFETY.
SECTION 9.01 ESTABLISHMENT OF DEPARTMENT OF PUBLIC SAFETY.
SECTION 9.02 APPOINTMENT OF DIRECTOR OF PUBLIC SAFETY.
SECTION 9.03 QUALIFICATIONS OF DIRECTOR OF PUBLIC SAFETY.
SECTION 9.04 GENERAL DUTIES OF THE DIRECTOR OF PUBLIC SAFETY.
SECTION 9.05 POLICE DEPARTMENT.
SECTION 9.07 RULES FOR GOVERNMENT OF POLICE AND FIRE DEPARTMENTS.
SECTION 9.08 REMOVAL OF THE DIRECTOR OF PUBLIC SAFETY.
SECTION 10.01 APPOINTMENT OF THE LAW DIRECTOR.
SECTION 10.02 QUALIFICATIONS FOR LAW DIRECTOR.
SECTION 10.03 GENERAL DUTIES OF LAW DIRECTOR.
SECTION 10.04 REMOVAL OF LAW DIRECTOR.
ARTICLE XI CIVIL SERVICE COMMISSION.
SECTION 11.01 ESTABLISHMENT OF CIVIL SERVICE COMMISSION.
ARTICLE XII PARKS AND RECREATION BOARD.
SECTION 12.01 COMPOSITION AND TERM.
SECTION 12.03 POWERS AND DUTIES.
ARTICLE XIII NOMINATIONS AND ELECTIONS.
SECTION 13.03 OTHER PROVISIONS.
ARTICLE XIV INITIATIVE, REFERENDUM, AND RECALL.
ARTICLE XV AMENDMENTS TO CHARTER.
SECTION 15.01 SUBMISSION TO ELECTORS.
SECTION 15.03 CHARTER REVIEW COMMISSION.
SECTION 15.05 REQUIRED CONSIDERATION BY COUNCIL.
ARTICLE XVI GENERAL PROVISIONS.
SECTION 16.01 SUBMISSION TO THE ELECTORATE.
SECTION 16.02 EFFECTIVE DATE OF CHARTER.
SECTION 16.03 EFFECT OF PARTIAL INVALIDITY.
SECTION 16.04 EFFECT OF THE CHARTER UPON EXISTING LAWS AND RIGHTS.
SECTION 16.05 INTERPRETATION OF THE CHARTER.
CHARTER OF THE MUNICIPALITY
OF
CORTLAND, OHIO
PREAMBLE
We, the people of the Municipality of Cortland, Ohio, in order to secure home rule and preserve the present character of the community, do adopt the following Charter for the government of the community.
ARTICLE I NAME AND BOUNDARIES
SECTION 1.01 NAME .
The present Municipality shall continue to be a body politic and corporate, under the name of the Municipality of Cortland.
SECTION 1.02 BOUNDARIES.
The Municipality shall have the same boundaries as now exist, with the power and authority to change its boundaries and annex other territory contiguous thereto in the manner authorized by the laws of Ohio.
ARTICLE II MUNICIPAL POWERS
SECTION 2.01 POWERS.
The Municipality shall have all the powers, general or special, governmental or proprietary, that may now or hereafter lawfully be possessed or exercised by municipal corporations under the Constitution and general laws of the State of Ohio. The powers of this Municipality shall be exercised in the manner prescribed in this Charter, or, to the extent that the manner is not prescribed herein, in such manner as the Council may determine. The powers of the Municipality may also be exercised, except as a contrary intent or implication appears in this Charter or in the enactments of the Council, in such manner as may now or hereafter be provided by the general laws of the State of Ohio.
ARTICLE III COUNCIL
SECTION 3.01 LEGISLATIVE AUTHORITY.
Except as otherwise provided in this Charter, all legislative powers of the Municipality under this Charter, together with all such powers conferred upon municipalities by the Constitution and laws of Ohio, shall be vested in the Council.
SECTION 3.02 COMPOSITION AND TERM .
Council shall be composed of seven (7) members. All Council members shall be elected at large to serve for a term of four (4) years. (Amended Nov. 8, 2011)
SECTION 3.03 QUALIFICATIONS.
Each Councilman shall have been a resident and qualified elector of the Municipality for at least two (2) years prior to the date of his election or appointment and shall continue to be a resident and qualified elector of the Municipality during his term of office. The period of residence hereby required shall include the period of residence in any territory which has been
annexed to the Municipality.
A Councilman shall hold no other elective public office. He shall not be otherwise employed by the Municipality nor shall he hold any other office in this Municipality except as provided in this Charter.
SECTION 3.04 PRESIDENT AND VICE PRESIDENT OF COUNCIL.
At 7:00 p.m. on the second day of January of each even numbered year (or if such date be a Saturday or Sunday, then the following business day), Council shall meet in Council Chambers for the purpose of organization. At such organization meeting Council shall by a majority vote elect from its membership a President and a Vice President of Council, each to serve a term of two years except the President and Vice President elected January 2, 1981 shall serve one year only. The Mayor, or a person appointed by the Mayor, shall preside as temporary chairman, and only until the President of Council is elected as the first item of business.
The President of Council or in his absence the Vice President of Council, shall preside at all meetings of Council.
The President and Vice President of Council, neither by virtue of holding such office nor in performing the duties of Acting Mayor as provided in this Charter shall be deprived of their powers and rights, or be relieved of any of their duties or obligations as Members of Council.
(Amended November 2, 2010)
SECTION 3.05 CLERK OF COUNCIL.
Council shall appoint a Clerk of Council (who may be the Finance Director) who shall serve at the pleasure of Council. The Clerk of Council shall attend all meetings of Council. The Clerk of Council shall keep an accurate and complete journal of all proceedings of Council, authenticate by his signature, and have custody of all laws, ordinances, and resolutions of Council, have custody of all official documents, reports, papers, communications, and files of Council, and perform such other duties as Council shall require.
At the beginning of the year Council shall appoint, for the entire year, a Clerk Pro Tempore to perform all of the duties of the office in the event that the Clerk is absent or disabled. (Amended Nov. 8, 2011)
SECTION 3.06 RULES AND JOURNAL OF COUNCIL.
Council shall adopt its own rules, regulations or by-laws, and shall keep a complete journal of all of its proceedings which shall be open for public inspection at all reasonable times. The voting upon any ordinance or resolution or motion shall be by roll call, and the vote of each Councilman shall be recorded upon the journal.
SECTION 3.07 OPENING PLEDGE TO THE FLAG AND PRAYERS AT MEETINGS.
In recognition of our American heritage, and of our dependence upon almighty God for guidance, each regular and special meeting of Council shall be opened by the Pledge of Allegiance to the Flag, and an opening prayer, or by the observance of one (1) minute of silent prayer. Either the Pledge or the prayer or both shall be led by the Mayor, a member of Council, or by a guest of Council.
SECTION 3.08 REGULAR MEETINGS .
At 7:00 p.m. on January 2 of each even numbered year (or if such date be a Saturday or Sunday, then the following business day), and on January 2, 1981, Council shall convene for the purpose of inducting each newly elected member thereof, and for the purpose of organizing the Council committees and the election of the Council officers hereinbefore provided.
Thereafter, Council shall meet at such times as may be prescribed by its rules, regulations, by-laws, or by resolution or ordinance, except that it shall hold regular meetings at least twice during each calendar month, except that Council may by Resolution omit one meeting during the months of July and/or August of each year.
All regular meetings of Council shall be held at the Council Chambers and all meetings of Council shall be open to the public. Any resident of Cortland shall be entitled to speak at such meetings of the Council. Such right shall not be unreasonably abridged by any rules and regulations which Council may adopt. An executive session may be held to consider certain items as permitted by Ohio laws. No official action may be taken in executive session. (Amended November 6, 1990) (Amended November 2, 2010)
SECTION 3.09 SPECIAL MEETINGS.
Special meetings of Council may be called as provided by its rules, regulations, by-laws, or by resolution or ordinance. In the absence of any such provisions, special meetings may be called by the Clerk of Council upon the written request of the Mayor, or the President of Council, or any three members of Council, and written notice of any such meeting shall be served personally upon each Councilman and the Mayor or left at his usual place of residence at least twenty-four (24) hours prior to such meeting. Service of notice of any special meeting shall be deemed conclusively to have been waived by the Mayor or by any Councilman who shall be present at such meeting. All special meetings of Council shall be held at the Council Chambers and shall be open to the public, except an executive session may be held to consider certain items as permitted by Ohio laws. No official action may be taken in executive session. Council shall adopt a resolution or ordinance providing for reasonable public notice of all special meetings as required by Ohio law.
SECTION 3.10 QUORUM.
A simple majority of Council shall constitute a quorum to transact business, but a lesser number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by resolution or ordinance.
In the absence of a contrary statute, provision of this Charter, ordinance or rule of Council, the majority of a quorum has the power to act for the entire Council. However, the affirmative vote of a majority of all members elected to Council is required for the passage of an ordinance.
SECTION 3.11 LEGISLATIVE PROCEDURE .
All legislative action of Council shall be by resolution or ordinance introduced in written or printed form, each and all of which shall contain no more than one subject, which subject shall be clearly expressed in its title.
As a general rule, legislation which is of a temporary character shall be a resolution; legislation of a general nature or legislation which establishes a permanent rule of government requires enactment of an ordinance.
No resolution or ordinance shall be revised or amended unless the resolution or ordinance superseding it contains the entire resolution or ordinance, so revised or amended, or the sections so revised or amended, and, having been revised, amended, the original resolution or ordinance, or section or sections, shall be considered to be repealed.
An affirmative vote of at least a simple majority of Council shall be required for the enactment of every resolution or ordinance, unless a larger number be required by the provisions of this Charter.
Every resolution or ordinance pertaining to (1) legislation of a general or permanent nature; (2) legislation granting a franchise; (3) legislation creating a right; (4) legislation involving the expenditure of money; (5) legislation levying a tax; (6) legislation for the purchase, lease, sale or transfer of property; shall be fully and distinctly read at three (3) different, regular Council meetings unless Council votes to suspend this rule. Such suspension of the rule shall require the affirmative vote of at least two-thirds (2/3) of Council.
If this rule is suspended in accordance with the foregoing provisions, then the resolution or ordinance shall be fully and distinctly read at least once before passage.
SECTION 3.12 PUBLIC NOTICE .
Council shall by ordinance establish the method of giving public notice of the enactment of its ordinances and the adoption of its resolutions and of any other of its acts or proceedings which it deems proper to publish, provided that notice shall be given the public in advance of any meeting at which legislation is to be considered, and provided, however, that until such method is so provided for, such public notice shall be given in the manner provided by the laws of Ohio.
SECTION 3.13 EFFECTIVE DATE OF RESOLUTIONS AND ORDINANCES .
Each resolution and ordinance providing for the appropriation of money, or for an annual tax levy, or for improvements petitioned for by the owners of a majority of the front footage of property to be benefitted and specially assessed therefore, and any emergency resolution or ordinance necessary for the immediate preservation of public peace, health, or safety, shall take effect, unless a later date be specified therein, upon its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be, but subject to the referendum as provided by Section 14.02, Referendum, of this Charter.
No other resolution or ordinance shall become effective until thirty (30) days after its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be.
All resolutions and ordinances legally in effect, at the time of adoption of this Charter, shall remain in effect until such time as it is repealed or amended in the manner provided herein except when in conflict with this Charter .
Council shall, at the earliest possible time, enact an up-to-date Code of Ordinances. Such Code of Ordinances shall be compiled and published, including an appropriate index, in book form for use by officials of the Municipality and for others at a fee approximating the printing costs. A master book of ordinances and resolutions shall be maintained by the Clerk of Council who shall be responsible for entering changes as they occur. Council shall provide revised editions of the Code of Ordinances at regular intervals not to exceed ten (10) years.
Each emergency resolution and ordinance shall contain a statement of the necessity for such emergency action, and its enactment shall require the affirmative vote of at least two-thirds (2/3) of Council.
No action of Council authorizing the surrender or joint exercise of any of its powers, or in granting any franchise, or in the enactment, amendment, or repeal of any zoning or building resolution or ordinance, shall be enacted as an emergency measure.
SECTION 3.14 COMPENSATION AND BONDS .
Council shall fix the compensation of the Mayor, Members of Council, and each officer and employee, or member of any board or commission, of the Municipality, whether elected or appointed, except as specifically provided otherwise in this Charter.
Not less than one hundred twenty (120) days immediately preceding the date of the next municipal election, the compensation of the Mayor and each Member of Council shall be fixed for the next term, and shall not thereafter be changed with respect to such term.
The compensation of every other employee, and member of any board or commission, of the Municipality, as fixed by Council, may at any time be changed by resolution or ordinance at the discretion of Council.
Council may authorize the payment or reimbursement of expenses, incurred by any officer or employee, or member of any board or commission, of the Municipality, for traveling or other expenses incidental to the authorized furtherance of the interests of the Municipality.
The Mayor, Director of Finance, and such other officials or employees, or members of boards or commissions as Council may by resolution or ordinance require, shall give bond in such amount and with such surety as may be approved by Council. The premium on such bonds shall be paid by the Municipality.
SECTION 3.15 VACANCIES .
Whenever the office of a Councilman shall become vacant for any reason, the vacancy shall be filled by majority vote of all the remaining members of Council.
A vacancy in the office of President of Council shall be filled by the Vice President becoming President of Council, and the office of Vice President shall be filled by a Councilman elected by a majority vote of the remaining Members of Council. In the event Council should fail to fill a vacancy in the office of Councilman, or in the office of Vice President of Council, within thirty (30) days from the date such vacancy occurs, then the powers of Council to do so shall lapse and the Mayor shall fill it by appointment.
The person elected or appointed to fill a vacancy shall have the qualifications for the particular office specified in Section 3.03, Qualifications, of this Charter, and shall hold office for the unexpired term, and until his successor is elected and qualified.
SECTION 3.16 REMOVAL OF ELECTIVE OFFICERS.
The office of an elective officer of the Municipality shall be declared vacant by resolution of Council upon determination that the elective officer:
A. Does not possess, or has ceased to possess, the qualifications of office; or
B. Has failed to take the required oath or to give any bond required of him within twenty days (20) after notification of his appointment of election, or obligation to give a new or additional bond; or
C. While in office has been convicted of a felony or crime involving moral turpitude; or
D. Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance or nonfeasance in office; or
E. Has been adjudicated legally incompetent; or
F. Has violated his oath of office.
G. Has not met the attendance requirements. The Clerk of Council shall maintain records of attendance for each council member. At the first regular meeting in January, April, July and October of each year, the clerk shall place a Resolution on the Council agenda calling for a public meeting to discuss the removal of any council member who did not attend four of the six regularly scheduled meetings for the preceding three months. Or, if at any time a council member misses three meetings in succession, the clerk shall also place a Resolution on the Council agenda calling for a public meeting to discuss the removal of said council member. The member considered in the Resolution shall have the opportunity to present to Council the reasons for the absences. Consideration shall be given to such absences as it relates to illness and military service.
Council shall be the sole judge of the election and qualifications of its own members. In addition to the grounds for removal provided above, Council may remove any of its members for persistent failure to abide by the rules of Council.
The decision of Council to remove an elective officer shall be made only upon the affirmative vote of three-fourths (3/4) of the Members of Council entitled to vote on such question after public hearing upon the charge or charges brought; and provided further, that the accused officer shall have been notified in writing of the charge or charges against him at least fifteen (15) days in advance of such public hearing; and provided further, that he or his counsel shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges. The hearing may, if a majority of a quorum of the council approves of such by motion, be held in executive session consistent with Ohio Law. An accused Member of Council shall not vote on the question of his removal. The decision of Council after compliance with this section shall be final. Upon the removal of such officer, the vacancy thereby occurring in such office shall be filled in the manner provided by this Charter, and the officer so removed shall not be eligible for appointment to fill such vacancy
(Amended November 2, 2010)
SECTION 3.17 DEPARTMENTS, BOARDS, AND COMMISSIONS.
Council may establish additional departments, boards, and commissions as the needs of the Municipality may require, and, except for those established herein, may abolish or combine departments, boards, and commissions in any manner as it deems necessary. Where organizations, powers, and duties of departments, boards, and commissions are not expressly provided herein, they shall be as provided by resolution or ordinance of Council.
SECTION 3.18 RIGHTS IN COUNCIL OF EXECUTIVE OFFICERS.
The Mayor, executive officers, and the directors of all departments established by this Charter or that hereafter may be established by ordinance, shall be entitled to seats in the Council. Neither the Mayor, executive officers nor the directors of any department shall have a vote in Council, but the Mayor and executive officers shall have the right to recommend legislation and take part in the discussion of all matters coming before the Council. The directors of departments shall be entitled to take part only in those discussions in Council that relate to their respective departments.
SECTION 3.19 ADMINISTRATIVE SERVICE.
The Council and its members shall deal solely through the Mayor in respect to any part of the administrative service for which the Mayor is responsible.
ARTICLE IV MAYOR
SECTION 4.01 ELECTION AND TERM.
The Mayor shall be elected at a regular municipal election for a term of four (4) years, which term shall commence and the Mayor shall assume office on January 2, (or if such date falls on Saturday or Sunday, then on the following business day) next following his election, and shall hold office until his successor is elected and qualified. He may be a candidate to succeed himself. The person holding the Office of Mayor on the effective date of this Charter shall complete the term to which he was elected. Thereafter, the office shall be filled as provided in this Charter. (Amended November 2, 2010)
SECTION 4.02 QUALIFICATIONS.
The Mayor shall have been for at least two (2) years prior to the date of his election, and during his term of office shall be, a continuous resident and qualified elector of the Municipality, or territory annexed thereto. The Mayor shall hold no other elective public office. He shall not be otherwise employed by, nor shall he hold any other office in the Municipality except as Director of Public Safety until Council provides otherwise. He may be a member of the Ohio National Guard or the Reserve Corps of the United States of America.
SECTION 4.03 JUDICIAL POWERS.
The Mayor shall have all the judicial powers which are conferred upon Mayors by the laws of Ohio.
SECTION 4.04 EXECUTIVE AND ADMINISTRATIVE POWERS.
The Mayor shall:
A. Be the official and ceremonial head of the Municipality.
B. Be the Chief Executive Officer of the Municipality. He shall supervise the administration of all departments and divisions thereof except Council and Clerk of Council.
C. Be the chief conservator of the peace within the Municipality and shall see that all laws, resolutions, and ordinances are enforced therein.
D. Prepare the budget annually and submit it to Council and be responsible for its administration after adoption. As a part of the budget message, with relation to the proposed expenditures for capital improvements stated in the budget, the Mayor shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefore by appropriations in the budget, and the respective amounts, if any, proposed to be raised therefore by the issuance of securities during the fiscal year covered by the budget.
E. Unless otherwise provided by ordinance, execute on behalf of the Municipality all authorized contracts, conveyances, evidences of indebtedness, and all other such instruments to which the Municipality is a party, and shall, where required, attach thereto the Official Seal of his office, which shall be the Seal of the Municipality but the absence of the seal shall not affect the validity of any such instrument.
F. Except as otherwise provided in this Charter, appoint and remove all directors of departments and all subordinate officers and employees in the departments, provided that there shall be compliance with the Civil Service provisions of this Charter.
G. Prepare and submit to the Council as of the end of the fiscal year, a complete report on the finances and administrative activities of the Municipality for the preceding year.
H. Keep the Council advised of the financial condition of the Municipality.
I. Perform such other duties as may be prescribed by this Charter or required of him by the Council.
SECTION 4.05 LEGISLATIVE POWERS.
The Mayor shall be present at all Council meetings; be given voice in the deliberations of Council, but he shall have no vote.
The heads of the departments shall be given the opportunity to participate in the deliberations of Council on legislation pertaining to their departments but shall have no vote.
The Mayor shall have the right to recommend legislation to Council.
SECTION 4.06 VETO POWERS.
Each resolution or ordinance adopted by Council shall be attested by the Clerk of Council who shall promptly present it to the Mayor for his approval or disapproval.
The Mayor may approve or disapprove the whole, or any part of, any resolution or ordinance appropriating money, but otherwise his approval or disapproval shall be addressed to the entire resolution or ordinance.
If the Mayor approves such legislation, he shall sign it and file it with the Clerk of Council. If the Mayor disapproves such legislation, or any item of such legislation appropriating money, he shall file it, together with objections in writing with the Clerk of Council. His objections shall be entered in full on the Journal of Council.
Unless the resolution or ordinance is filed with the Clerk of Council with the Mayor's written notice of disapproval within seven (7) days after presentation to the Mayor, it shall take effect as though the Mayor had signed it.
Upon the Mayor's disapproval, as provided herein, the Council may, but not later than its next regular meeting, reconsider the legislation, and if, upon such reconsideration, the legislation is approved by two thirds (2/3) or more Members of Council, it shall take effect notwithstanding the disapproval of the Mayor .
SECTION 4.07 ABSENCE AND VACANCY.
A. Absence. When the Mayor is absent from the Municipality, or for any other reason is unable to perform the duties of Mayor, the President of Council shall become Acting Mayor, and while so acting shall have and exercise all of the powers of Mayor, but shall not thereby cease to be the President of Council. In the event the President of Council is absent from the Municipality, or for any reason is unable to perform the duties of Acting Mayor, the Vice President of Council shall become the Acting Mayor, and while so acting shall have all the powers and duties of Mayor, but shall not thereby cease to Vice President of Council.
B. Vacancy. In the event of the death, resignation, recall, or removal of the Mayor, Council shall elect one of its members to fill the vacancy in the office of Mayor until such time as a successor is elected and qualified to complete the unexpired term or to commence a new term of office. The member of Council elected to fill such vacancy shall not thereby forfeit his Council Office but Council shall appoint an Acting Councilman, who shall possess the qualifications provided herein for Members of Council, to assume the Member's councilmanic duties and privileges while the Member is serving in the office of Mayor. If the vacancy occurs during the first year or more than one hundred eighty (180) days prior to the regular municipal election in the second year of the Mayor's term, then a Mayor shall be elected in the next regular municipal election in the manner prescribed in this Charter, to serve the last two years of the four year term, beginning January 2nd (or the following business day if January 2nd falls on Saturday or Sunday) of the third year of the regular term. (Amended November 2, 2010)
ARTICLE V DEPARTMENT OF FINANCE
SECTION 5.01 ESTABLISHMENT OF DEPARTMENT OF FINANCE.
A Department of Finance is hereby established and Council shall provide by ordinance for the organization thereof.
SECTION 5.02 DIRECTOR OF FINANCE.
The Director of Finance shall be the head of the Department of Finance. He shall be appointed by the Mayor with confirmation by a majority of Council. He may also be appointed Clerk of Council, and perform such other duties as required by Council and the Mayor. (Amended Nov. 8, 2011)
SECTION 5.03 QUALIFICATIONS OF DIRECTOR OF FINANCE.
The Director of Finance shall have knowledge of municipal accounting, taxation, budgets, and financial control.
SECTION 5.04 GENERAL DUTIES OF DIRECTOR OF FINANCE.
The Director of Finance shall have charge of the administration of fiscal affairs of the Municipality and the jurisdiction in such matters shall extend over all departments, commissions, boards, and over all officers and employees of the Municipality. He shall serve as financial advisor to the commissions of the Municipality. He shall have authority and responsibility to examine and audit the accounts of all officers, employees, boards, and commissions of the Municipality. He shall have such other duties and powers as are given by law to the City Auditor and City Treasurer of a city which are not inconsistent with the provisions of this Charter. He shall assist the Mayor in the preparation of estimates, budgets, and appropriations; report to Council monthly or more often as required by Council concerning the financial affairs of the Municipality. He shall perform such other duties as the Mayor or Council may impose, consistent with the office of Director of Finance.
SECTION 5.05 ACCOUNTING PROCEDURES AND BUDGETARY CONTROL.
The Director of Finance shall establish and maintain accounting procedures necessary for keeping complete financial records of assets and liabilities, receipts and disbursements, and property records of the Municipality, and each of its offices, departments, boards, and commissions. He shall keep separate accounts for the items of appropriation in the budget, each of which shall show the amount of the appropriation, and amounts paid therefrom, the unpaid obligations against it, and the unencumbered balance. Such accounting procedures and financial records shall be adequate in form and in such detail as necessary for making such statements as may be required by this Charter, by Council, or by the Bureau of Inspection and Supervision of Public Offices.
SECTION 5.06 CUSTODY OF FUNDS.
The Director of Finance shall receive and be accountable for, all funds belonging to the Municipality from whatever source derived, and deposit the same in the depository designated by Council. Money received for the Municipality by officers, employees, boards, and commissions shall be reported and turned over to the Director of Finance daily or at such intervals as he may deem expedient.
SECTION 5.07 DISBURSEMENTS .
The Director of Finance shall disburse funds only as authorized by resolution or ordinance. No obligation shall be incurred and no expenditure shall be made unless approved by the Director of Finance and certified by him that there is an unencumbered balance of appropriated and available funds. No check for the payment of any claim shall be issued until such claims shall have been approved, in writing, by the head of the department or office for whom the obligation or claim was incurred, and in the case of purchases with the further approval, in writing, of the Director of Public Service.
SECTION 5.08 REMOVAL OF DIRECTOR OF FINANCE.
The Director of Finance may be removed by the Mayor if a majority of Council approves such removal at a regularly scheduled meeting of Council. He may be removed from office by Council by a three fourths (3/4) affirmative vote of Council.
ARTICLE VI PLANNING, ZONING, AND BUILDING COMMISSION
SECTION 6.01 COMPOSITION AND TERM.
The Planning, Zoning and Building Commission shall consist of five (5) electors of the Municipality not holding other public office, all of whom shall serve without compensation for a term of five (5) years. The Mayor and Director of Public Service shall serve as Ex Officio Members without the right to vote.
The Commission Members shall be appointed by the Mayor with confirmation by a majority of Council, and that one (1) member shall be appointed annually in January.
A vacancy occurring during the term of any member of the Planning, Zoning, and Building Commission shall be filled for the unexpired term in the manner authorized for the original appointment. (Amended Nov. 8, 2011)
SECTION 6.02 ORGANIZATION OF THE COMMISSION.
The Mayor shall establish the date, time, and place for the first meeting of each year, at which the Planning, Zoning, and Building Commission shall organize under a Chairman and Vice Chairman elected from among the five (5) electors for a term of one (1) year. The Mayor shall preside until the Chairman is elected as the first order of business. The Commission shall appoint a Secretary who need not be a member of the Commission.
The Planning, Zoning, and Building Commission shall establish its own rules of operation. At its annual re-organization meeting in January, the Commission shall set its schedule of meetings for the coming year. All meetings shall be open to the public, and a record of each meeting, its resolutions, findings, and determinations shall be maintained. The Commission may cancel meetings when there is no business to be conducted. (Amended November 6, 1990) (Amended November 3, 2020)
SECTION 6.03 POWERS AND DUTIES OF THE COMMISSION.
The Planning, Zoning, and Building Commission shall have such powers and duties as are conferred upon it by the laws of Ohio concerning: the preparation of plans and maps for the future physical development and harmonious improvement of the Municipality; the plan, design, location, removal, relocation, and alteration of any public building or structure and public property; the location, widening, extension, and vacation of streets, alleys, public ways, parks, playgrounds, recreation areas, and other public places; the approval of plats for the sub-division of lands; the regulation and restriction of the location of buildings and other structures and of premises to be used for trade, industry, residence, or other specified uses; the regulation and limitation of height of buildings and other structures to be erected or altered; regulation of the bulk and location of buildings and other structures to be erected or altered, including the percentage of lot occupancy, set back building lines, and the area of yards, courts, and other open spaces; grant variances to the application of resolutions, ordinances, regulations, measures and orders of administrative officers or agencies governing zoning and building in the Municipality and such other powers and duties as may be conferred upon it by the laws of Ohio and by resolution or ordinance of Council. Before any recommendation, ordinance, measure, regulation, or amendments to, referring to or affecting zoning or other regulations controlling the use or development of land, may be passed, the Planning, Zoning and Building Commission shall hold a public hearing thereon, and shall give at least twenty (20) days notice of the time and place thereof in a newspaper of general circulation in the Municipality. (Amended November 6, 1990)
(Amended November 2, 2010)
SECTION 6.04 MANDATORY REFERRAL TO PLANNING, ZONING, AND BUILDING COMMISSION .
No resolution, ordinance, regulation, measure, or order of Council concerning a matter over which the Planning, Zoning, and Building Commission has powers and duties, as provided by Section 6.03, shall become effective unless Council shall first have submitted the same to the Planning, Zoning, and Building Commission for report and recommendation.
Any matter so referred to the Planning, Zoning, and Building Commission shall be considered and acted upon by it within sixty (60) days from the date of referral unless a longer time be authorized by Council.
If the Planning, Zoning, and Building Commission shall fail to act within the time allotted, Council may act thereon as if it had received a recommendation of approval in such matters.
SECTION 6.05 PUBLIC HEARING BY COUNCIL.
Before any ordinance, measure, regulation, or amendments thereto, referring to zoning or other regulations controlling the use or development of land, may be passed, the Council shall hold a public hearing thereon, and shall give at least twenty (20) days notice of the time and place thereof in a newspaper of general circulation in the Municipality. If the ordinance, measure, or regulations intend to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty (20) days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list or lists that may be specified by Council. The failure of delivery of such notice shall not invalidate any such ordinance, measure or regulation. (Amended November 20, 2010)
SECTION 6.06 ACTION BY COUNCIL.
When the Planning, Zoning, and Building Commission makes a recommendation to Council for a change in or addition to, any zoning ordinance or building code, Council shall study each such recommendation and take action within sixty (60) days by placing on its first reading an ordinance properly covering such recommendations. Final action by Council on such ordinance shall be taken by placing said ordinance on its third and final reading no later than sixty (60) days after its first reading.
No resolution, ordinance, regulation, measure, or order of Council which violates, differs from, or departs from the plan or recommendation submitted by the Planning, Zoning, and Building Commission, shall take effect unless enacted or approved by at least two thirds (2/3) of Council.
ARTICLE VII BOARD OF ZONING AND BUILDING APPEALS
SECTION 7.01 COMPOSITION AND TERM.
The Board of Zoning and Building Appeals shall consist of five (5) electors of the Municipality not holding other public office. The five (5) electors shall be appointed by the Mayor with confirmation by a majority of Council, and shall serve without compensation. Each regular appointment shall be for a term of five (5) years. Any vacancy occurring during the term of any Member of the Board of Zoning and Building Appeals shall be filled for the unexpired term in the manner authorized for an original appointment. (Amended Nov. 8, 2011)
SECTION 7.02 ORGANIZATION.
The Mayor shall establish the date, time and place for the first meeting of each year, at which the Board of Zoning and Building Appeals shall organize under a Chairman and Vice Chairman elected from among its members for a term of one (1) year. The Mayor shall preside until a Chairman is elected as the first order of business. The Board shall appoint a Secretary who need not be a member of the Board.
SECTION 7.03 JURISDICTION.
The Board of Zoning and Building Appeals shall have the power to hear and decide appeals, from the application of resolutions, ordinances, regulations, measures, and orders of administrative officials or agencies governing zoning and building in the Municipality, as may be required to afford justice and avoid unreasonable hardship: subject to such reasonable standards and such other powers as may be granted to it by Council.
(Amended November 6, 1990)
SECTION 7.04 MEETINGS AND PROCEDURE.
Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. Meetings shall be open to the public and a record shall be kept showing the vote of each member on each question.
Procedure before the Board of Zoning and Building Appeals shall be in accordance with ordinance of Council or rules and regulations established by the Board not inconsistent therewith.
A written appeal may be submitted to the Board of Zoning and Building Appeals within twenty (20) days by any person adversely affected or aggrieved by a decision of the Planning, Zoning, and Building Commission or its agents.
The Board of Zoning and Building Appeals shall, not later than forty-five(45) days after the filing of such notice of appeal, hold a public hearing thereon, and shall give twenty (20) days notice of the time and place thereof in a newspaper of general circulation in the Municipality. Written notice of the hearing shall also be sent by the Board, by first class mail, at least twenty (20) days before the date of the public hearing, to the owners of property within or contiguous to or directly across the street from the area which is the subject of the appeal. Such written notices shall be mailed to the addresses of such owners appearing on the current tax duplicate of the County. The failure of delivery of such notice shall not invalidate the action of the Board of Zoning and Building Appeals. (Amended November 2, 2010)
ARTICLE VIII DEPARTMENT OF PUBLIC SERVICE
SECTION 8.01 ESTABLISHMENT OF DEPARTMENT OF PUBLIC SERVICE.
A Department of Public Service is hereby established and Council shall provide by ordinance for the organization thereof.
SECTION 8.02 APPOINTMENT OF DIRECTOR OF PUBLIC SERVICE.
The Director of Public Service shall be the head of the Department of Public Service, and shall be appointed by the Mayor with the confirmation by a majority of Council.
SECTION 8.03 QUALIFICATIONS OF DIRECTOR OF PUBLIC SERVICE.
The Director of Public Service shall have experience in, and knowledge of, accepted practices in the administration of the duties of the office as hereinafter set forth, but he shall not be required to be an engineer.
SECTION 8.04 GENERAL DUTIES OF DIRECTOR OF PUBLIC SERVICE.
The Director of Public Service shall have the responsibility for construction, improvement, and maintenance of all public works, buildings, grounds, cemeteries, parks, roads, streets, and all other public places of the Municipality, and the collection and disposal of waste. He shall have charge of, and shall supervise the maintenance of all Municipal property and equipment, and the storage of all materials and supplies. He shall be responsible for the issuance of all building and zoning permits, supervise the administration and enforcement of the zoning and building ordinances, and perform such other duties as Council may require.
SECTION 8.05 PURCHASING FUNCTION.
The Director of Public Service may be made responsible for the purchasing function for the Municipality, and all purchases shall be made only in the manner provided for by this Charter and resolution and ordinance of Council.
SECTION 8.06 EMPLOYEES AND ASSISTANTS.
The Director of Public Service, subject to appropriations by Council, may employ such assistants and employees as may from time to time be necessary for the proper discharge of his duties.
SECTION 8.07 REMOVAL.
The Director of Public Service may be removed by the Mayor if a majority of Council approves such removal at a regularly scheduled meeting of Council. He may be removed from office by Council by a three fourths (3/4) affirmative vote of Council.
ARTICLE IX DEPARTMENT OF PUBLIC SAFETY
SECTION 9.01 ESTABLISHMENT OF DEPARTMENT OF PUBLIC SAFETY.
The Council, by ordinance, may activate a Department of Public Safety and shall provide by ordinance for the organization thereof.
SECTION 9.02 APPOINTMENT OF DIRECTOR OF PUBLIC SAFETY.
The Director of Public Safety shall be the head of the Department of Public Safety and shall be appointed by the Mayor, with confirmation by a majority of Council.
SECTION 9.03 QUALIFICATIONS OF DIRECTOR OF PUBLIC SAFETY.
The Director of Public Safety, who may also be the Director of Public Service, shall have experience and knowledge of accepted practices in the administration of the duties of the office as hereinafter set forth.
SECTION 9.04 GENERAL DUTIES OF THE DIRECTOR OF PUBLIC SAFETY.
The Director of Public Safety shall, under the general supervision of the Mayor, be the head of the Police and Fire Departments and shall be responsible for the enforcement of all police, fire, health, safety, and sanitary regulations that may be prescribed by resolution and ordinance of the Municipality or the laws of Ohio.
SECTION 9.05 POLICE DEPARTMENT.
The Police Department shall consist of a Chief of Police and such other officers, patrolmen, and personnel as Council shall deem advisable. The position of Chief of Police shall hereafter be subject to the Civil Service provisions of this Charter and the Director of Public Safety shall appoint a Chief of Police in accordance with Civil Service law from those individuals eligible for such position either from within or outside the Police Department. The person holding the position of Chief of Police on the effective date of this Charter shall be deemed qualified for such position under the Civil Service provisions of this Charter.
SECTION 9.06 FIRE DEPARTMENT.
The Fire Department shall consist of a Fire Chief, and such other officers, firemen, and personnel as Council shall deem advisable. The position of Fire Chief shall hereafter be subject to the Civil Service provisions of this Charter, and the Director of Public Safety shall appoint a Fire Chief in accordance with Civil Service law from those individuals eligible for such position either from within or outside the Fire Department. (Amended Nov. 8, 2011)
SECTION 9.07 RULES FOR GOVERNMENT OF POLICE AND FIRE DEPARTMENTS.
The Director of Public Safety shall make and publish, with the approval of Council, written rules for the government of the Police and Fire Departments and the conduct and discipline of members thereof.
SECTION 9.08 REMOVAL OF THE DIRECTOR OF PUBLIC SAFETY.
The Director of Public Safety may be removed from office by the Mayor if a majority of Council approves such removal by vote at a regularly scheduled meeting of Council. He may be removed from office by Council by a three fourths (3/4) affirmative vote of the Council.
ARTICLE X DEPARTMENT OF LAW
SECTION 10.01 APPOINTMENT OF THE LAW DIRECTOR.
The Law Director shall be the head of the Department of Law, and shall be appointed by the Mayor, with the confirmation by a majority of Council.
SECTION 10.02 QUALIFICATIONS FOR LAW DIRECTOR.
The Law Director shall be an attorney at law in good standing, admitted to the practice of law in Ohio, and shall have been engaged in active law practice in Ohio for a period of five (5) years immediately prior to his appointment. Neither the Law Director nor his assistants, nor any special counsel, shall be required to reside within the Municipality of Cortland.
SECTION 10.03 GENERAL DUTIES OF LAW DIRECTOR.
The Law Director shall prepare all contracts, bonds, and other instruments in writing in which the Municipality is concerned. He shall be the chief legal adviser of all offices, departments, commissions, boards, and agencies, and of all officers and employees of the Municipality in matters relating to their official powers and duties. He shall represent the Municipality in all legal proceedings. Further, it shall be his duty to perform all services incident to this office as may be required by statute, by this Charter, or by ordinance.
SECTION 10.04 REMOVAL OF LAW DIRECTOR.
The Law Director or any member of the Department of Law may be removed by the Mayor if a majority of Council approves such removal by two thirds (2/3) vote at a regularly scheduled meeting of Council. He may be removed from office by Council by a three fourths (3/4) affirmative vote of the members of Council.
ARTICLE XI CIVIL SERVICE COMMISSION
SECTION 11.01 ESTABLISHMENT OF CIVIL SERVICE COMMISSION.
At such time as the Municipality shall become a city, the Council shall by ordinance establish a Civil Service Commission and Civil Service System. The ordinance shall provide which employees of the Municipality shall be within the classified service and which shall be within the unclassified service, provided that regular full time members of the Police and Fire Divisions shall be in the classified service, and provided further that any person other than one serving a probationary period of employment who shall have served the Municipality in the same or a similar position in the classified service for at least ninety days preceding the effective date of the ordinance, shall retain his position without examination until discharged, reduced, promoted, or transferred in accordance with the ordinance or rules and regulations of the Civil Service Commission adopted thereunder.
The provisions of the laws of Ohio regarding selection, promotion, demotion, discipline, and removal shall be applicable except as otherwise provided by ordinance of Council adopted pursuant of this Charter.
ARTICLE XII PARKS AND RECREATION BOARD
SECTION 12.01 COMPOSITION AND TERM.
(a) The Parks and Recreation Board shall consist of five (5) electors of the Municipality not holding other public office. They shall be appointed by the Mayor, with confirmation by a majority of Council, to serve without compensation.
(b) Of the five (5) to be appointed, the first appointments made hereunder shall be for terms of one (1), two (2), three (3), four (4), and five (5) years, and thereafter successors shall be appointed for a term of five (5) years.
(c) A vacancy during the term of any member of the Parks and Recreation Board shall be filled for the unexpired term in the manner authorized for an original appointment. (Amended Nov. 8, 2011)
SECTION 12.02 ORGANIZATION.
The Mayor shall establish the date, time and place for the first meeting each year, at which the Parks and Recreation Board shall organize under a Chairman elected from among its members for a term of one (1) year. The Board shall appoint a Secretary who need not be a member of the Board.
(Amended Nov. 8, 2011)
SECTION 12.03 POWERS AND DUTIES.
(a) The Parks and Recreation Board shall have general policy making, planning and administrative power over all parks, playgrounds, play fields, gymnasiums, swimming pools, indoor recreation centers, and any other lands or buildings owned by the Municipality for recreational purposes, determination of work to be performed, and items of equipment and supplies needed, subject to the appropriations of Council, and such other powers and duties as may be conferred upon it by Council not inconsistent herewith.
(b) Labor and equipment to perform the work shall be supplied by, and shall be under the supervision of, the Director of Public Service, who shall also be responsible for the purchasing function. (Amended Nov. 8, 2011)
ARTICLE XIII NOMINATIONS AND ELECTIONS
SECTION 13.01 NOMINATIONS.
Nominations for elective offices of the Municipality shall be made by petition only, signed by not less than fifty (50) registered voters, on the standard forms for the nomination of nonpartisan candidates for such office, filed with the Board of Elections at least ninety (90) days before the day of election. There shall be no primary election for municipal offices.
SECTION 13.02 ELECTIONS.
The regular Municipal Election shall be held with the general election in the fall of odd numbered years. The Council may by resolution order a special election at any time, the purpose of which shall be set forth in the resolution. (Amended November 3, 2020)
SECTION 13.03 OTHER PROVISIONS.
The provisions of the election laws of the State of Ohio shall be followed in all matters not expressly provided otherwise in this Charter.
ARTICLE XIV INITIATIVE, REFERENDUM, AND RECALL
SECTION 14.01 INITIATIVE.
The Electors of this Municipality shall have the power to propose any ordinance or resolution, except an ordinance for the appropriation of money or an ordinance making a tax levy, and to adopt or reject the same at the polls, such power being known as the initiative. An initiated ordinance or resolution may be submitted to the Clerk of Council by petition signed by at least ten percent (10%) of the electors voting in the last general election, in which petition the petitioners shall designate a committee of the petitioners to act in their behalf. When so submitted, the Clerk of Council shall forthwith determine the sufficiency of the petition and if found sufficient, the Council shall at once have the proposed ordinance or resolution read and referred to an appropriate committee which may be a committee of the whole. A public hearing, to be conducted in such manner and preceded by such notice as the Council shall prescribe, shall be held on the proposed ordinance or resolution not later than thirty (30) days after the date on which such ordinance or resolution was submitted to the Clerk. The Council shall within forty (40) days after such ordinance or resolution is submitted, take final action thereon by enacting the proposed ordinance or resolution in the form submitted or in an amended form or by failing or refusing to pass the same. If the Council fails or refuses to pass such proposed ordinance or resolution or passes it in an amended form, the committee of the petitioners may, at their option, require that it be submitted to a vote of the electors either in the form submitted or in the amended form adopted by Council, provided that there is filed with the Clerk a supplemental petition signed by that number of additional electors which, when taken together with those who signed the original petition will total at least twenty percent (20%) of the electors voting in the last general election. Such supplemental petition shall be filed within ten (10) days after the passage by the Council of such ordinance or resolution or its repassage over the Mayor's veto, whichever is later. The date of such election may be fixed in the supplemental petition but not less than sixty (60) days from the time of filing such supplemental petition and the Council shall provide for submitting such ordinance or resolution to the vote of the electors at the date so fixed, or if not so fixed, at the next general election in any year occurring more than sixty (60) days from the filing of such supplemental petition. An initiated ordinance or resolution, receiving an affirmative majority of the votes cast thereon, shall become effective on the fifth (5th) day after the day on which the Board of Elections certifies the official vote thereon.
SECTION 14.02 REFERENDUM.
The electors of this Municipality shall have the power to approve or reject at the polls any ordinance or resolution passed by Council, except as hereinafter provided. Within thirty (30) days after the passage by Council of such ordinance or resolution or its repassage over the Mayor's veto, whichever is later, a petition signed by at least ten percent (10%) of the electors voting in the last general election may be filed with the Clerk of Council, requesting that such ordinance or resolution be either repealed or submitted to a vote of the electors. If said petition is signed by twenty percent (20%) or more of the electors voting in the last general election the date of the election may be fixed therein, not less than ninety (90) days from the time of filing thereof. When such petition is filed, the Clerk shall first ascertain the sufficiency of the petition, and if found sufficient, the Council shall thereupon, within thirty (30) days of the filing of such petition, reconsider such ordinance or resolution. If upon such reconsideration the ordinance or resolution is not repealed, the Council shall provide for submitting it to a vote of the electors on the date so fixed, or if not so fixed, at the first general election in any year occurring more than ninety (90) days from the filing of such petition. No such ordinance or resolution shall go into effect until approved by a majority of those voting thereon, in which event such ordinance or resolution shall go into effect on the fifth (5th) day after the day on which the Board of Elections certifies the official vote thereon. When the Council by general law or under provisions of general ordinance is required to pass more than one (1) ordinance or resolution necessary to make and pay for any public improvement, the referendum provision shall apply only to the first (1st) ordinance or resolution required to be passed and not to any subsequent ordinance or resolution relating thereto, including, in the case of improvements to be financed in whole or in part by special assessments, any ordinance providing for the issuance of notes or bonds therefore, and in the case of any award of notes or bonds after public advertising for bids, the ordinance or resolution providing for the award of such notes or bonds. In addition, ordinances providing for an annual tax levy or for improvements petitioned for by the owners of a majority of the foot frontage of the property benefitted and to be specially assessed therefore, and appropriation ordinances limited to the subject of appropriations shall not be subject to referendum, but, except as herein provided, all other ordinances and resolutions necessary for the immediate preservation of the public peace, health, or safety, including emergency ordinances and resolutions shall go into effect at the time indicated therein. If when submitted to a vote of the electors, an emergency measure be not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder; but such measure shall be deemed sufficient authority for payment, in accordance therewith, of any expense incurred previous to the referendum vote thereon.
Ordinances or resolutions submitted to Council by initiative petition and passed by Council either with or without change, but not submitted to a vote of the electors shall be subject to referendum in the same manner as other ordinances or resolutions.
SECTION 14.03 RECALL.
The electors of this Municipality shall have the power to remove from office by a recall election, any elected officer of the Municipality. If an elected officer shall have served six (6) months of his term, a petition demanding his removal and signed by at least twenty percent (20%) of the electors of the Municipality, voting in the last general election, may be filed with the Clerk of Council, who shall note thereon the name and address of the person filing the petition and the date of such filing, and deliver to such person a receipt therefore and attach a copy thereof to said petition. Such petition may be circulated in separate parts, but the separate parts shall be bound together and filed as one instrument. Each part shall contain the name and office of the person whose removal is sought and a written statement of the grounds for the removal.
Within ten (10) days after the day on which such petition has been filed, the Clerk shall determine whether or not it meets the requirements thereof. If the Clerk shall find the petition insufficient, he shall promptly certify the particulars in which the petition is defective, deliver a copy of this certificate to the person who filed the petition, and make a record of such delivery. Such person shall be allowed a period of twenty (20) days after the day on which such delivery was made in which to make the petition sufficient. If the Clerk shall find the petition sufficient, he shall promptly so certify to the Council, shall deliver a copy of such certificate to the officer whose removal is sought, and shall make a record of such delivery. If such officer shall not resign within five (5) days after the day on which such delivery shall have been made, the Council shall thereupon fix a day for holding a recall election, not less than sixty (60) days nor more than seventy-five (75) days after the date of such delivery. At such recall election, this question shall be placed upon the ballot: "Shall (naming the officer) be allowed to continue as (naming the office) ?", with the provision on the ballot for voting affirmatively or negatively, and in the event a majority of the vote is negative such officer shall be considered as removed, his office shall be deemed vacant, and such vacancy shall be filled as provided in this Charter. The officer removed by such recall election shall not be eligible for appointment to the vacancy created thereby.
ARTICLE XV AMENDMENTS TO CHARTER
SECTION 15.01 SUBMISSION TO ELECTORS.
The Council may, by affirmative vote of five (5) or more of its members, submit to the electors any proposed amendment or amendments to this Charter; or upon petition signed by not
less than ten percent (10%) of the electors of the Municipality setting forth any proposed amendment or amendments to this Charter, the Council shall forthwith submit such proposed amendment or amendments to the electors in accordance, in each instance, with the provisions of the Constitution of the State of Ohio.
SECTION 15.02 ADOPTION.
If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter; except if two or more inconsistent proposed amendments on the same subject be submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of the Charter.
SECTION 15.03 CHARTER REVIEW COMMISSION.
(a) In January, 1990, and each ten (10) years thereafter, the Mayor, shall, with confirmation by a majority of Council, appoint a commission of seven (7) qualified electors of the Municipality, holding no other public office or employment in this Municipality, as members of a Charter Review Commission, to serve until their duties as provided herein are completed. The members shall serve without compensation.
(b) The Mayor shall, as soon as practical, establish the date, time and place for the first meeting, at which the Charter Review Commission shall organize under a Chairman and Vice Chairman elected from among its members. The Mayor shall preside until a chairman is elected as the first order of business. The Commission shall appoint a Secretary who need not be a member of the commission. (Amended November 6, 1990)
SECTION 15.04 DUTIES.
The Charter Review Commission shall, in meetings open to the public, review the Municipal Charter, and, no later than July 1st, following its appointment, recommend to Council such amendments, if any, to this Charter as in its judgment are conducive to the public interest.
(Amended November 6, 1990) (Amended November 2, 2010)
SECTION 15.05 REQUIRED CONSIDERATION BY COUNCIL.
Council shall, no later than the second council meeting in July of the same year, act upon any such proposed amendments to this Charter in accordance, in each instance, with the provisions of the Constitution of Ohio. (Amended November 2, 2010)
ARTICLE XVI GENERAL PROVISIONS
SECTION 16.01 SUBMISSION TO THE ELECTORATE.
This Charter shall be submitted to the electorate of the Municipality at the general election, November 4, 1980.
SECTION 16.02 EFFECTIVE DATE OF CHARTER.
This Charter shall be in effect, if approved by the electors, on and after the second (2nd) day of January, 1981.
SECTION 16.03 EFFECT OF PARTIAL INVALIDITY.
The determination that any part of this Charter is invalid shall not invalidate or impair the force or effect of any other part hereof except to the extent that such other part is wholly dependent for its operation upon the part declared invalid.
SECTION 16.04 EFFECT OF THE CHARTER UPON EXISTING LAWS AND RIGHTS.
The adoption of this Charter shall not affect any pre-existing rights of the Municipality, nor any rights or liability or pending suit or prosecution, either on behalf of or against the Municipality, or any officer thereof, nor any franchise granted by the Municipality, nor pending proceedings for the authorization of public improvements or the levy of assessments therefore. Except as a contrary intent appears herein, all acts of the Council of the Municipality shall continue in effect until lawfully amended or repealed.
SECTION 16.05 INTERPRETATION OF THE CHARTER.
The Article and Section headings herein have been inserted for convenient reference and are not intended to define, or limit the scope of, or otherwise affect, any provision of this Charter.
Except as otherwise expressly provided in this Charter, or as the context otherwise requires, the masculine term or pronoun includes the feminine, the singular term includes the plural and the plural term includes the singular.
The time within or by which any act or thing is required by any of the provisions of this Charter to be done shall be computed by excluding the first and including the last day, except that when the last day falls on Sunday or a legal holiday, then the act or thing may be done on the next business day which is not a Sunday or a legal holiday. (Amended November 2, 2010)