§ 31.021  MAYOR TO FILE CHARGES AGAINST DELINQUENT OFFICERS.
   (A)   Generally. The Mayor shall have general supervision over each department and the officers provided for in Title VII of the Ohio Revised Code. When the Mayor has reason to believe that the head of a department or an officer has been guilty, in the performance of his or her official duty, of bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality, or habitual drunkenness, he or she shall immediately file with the Legislative Authority, except when the removal of the head of the department or officer is otherwise provided for, written charges against the person, setting forth in detail a statement of alleged guilt, and, at the same time, or as soon thereafter as possible, serve a true copy of the charges upon the person against whom they are made. Service may be made on the person or by leaving a copy of the charges at the office of the person. Return thereof shall be made to the Legislative Authority, as is provided for the return of the service of summons in a civil action.
(R.C. § 733.35)
   (B)   Hearing of charges; action of the Legislative Authority. Charges filed with the Legislative Authority under division (A) of this section shall be heard at the next regular meeting thereof, unless the Legislative Authority extends the time for the hearing, which shall be done only on the application of the accused. The accused may appear in person and by counsel, examine all witnesses, and answer all charges against him or her. The judgment or action of the Legislative Authority shall be final, but to remove the officer the votes of two-thirds of all members elected thereto shall be required.
(R.C. § 733.36)
   (C)   Suspension of accused pending hearing. Pending any proceedings under division (A) and (B) of this section, an accused person may be suspended by a majority vote of all members elected to the Legislative Authority, but the suspension shall not be for a longer period than 15 days, unless the hearing of the charges is extended upon the application of the accused, in which event the suspension shall not exceed 30 days.
(R.C. § 733.37)
   (D)   Power of the Legislative Authority as to process. For the purpose of investigating charges filed pursuant to division (A) of this section against the head of any department or officer, the Legislative Authority may issue subpoenas or compulsory process to compel the attendance of persons and the production of books and papers before it, and the Legislative Authority may provide by ordinance for exercising and enforcing this section.
(R.C. § 733.38)
   (E)   Oaths; compulsory testimony; costs. In all cases in which the attendance of witnesses may be compelled for an investigation under division (D) of this section, any member of the Legislative Authority may administer the requisite oaths, and the Legislative Authority has the same power to compel the giving of testimony by attending witnesses as is conferred upon courts. In all these cases, witnesses shall be entitled to the same privileges and immunities as are allowed witnesses in civil cases. Witnesses shall be paid the same fees and mileage provided for under R.C. § 1901.26, and the costs of all such proceedings shall be payable from the General Fund of the municipality.
(R.C. § 733.39) (Rev. 2010)