The City Manager shall be the executive and administrative head of the municipal government. He shall be elected by the legal voters of the City at the regular municipal election for a term of 4 years and serve until his successor is elected and has qualified. He shall be an elector in the City and shall have been a qualified elector of the City prior to his election. He shall not hold other office or employment except that of a notary public. He shall not be interested in any contract work or service of the City, except in his official capacity.
He, the City Manager, shall be nominated and elected in the same manner as is now provided in Section 42 of the Charter of Ashtabula for the elective officers of the City, and shall be nominated in the same manner as is provided for the nomination of candidates for councilmen-at-large. If the City Manager be temporarily absent from the City, or becomes temporarily disabled from any cause, his duties shall be performed during such absence or disability by the President of Council, and in the temporary absence aforesaid of both the City Manager and the President of Council, the other members of the Council shall appoint one of their number to perform the duties of City Manager. When the City Manager dies during his term of office, or resigns, or is permanently disabled or unable to complete his tenure of office by any other cause, the Council shall designate some proper person with the qualifications aforesaid of a candidate for City Manager, to execute the functions of the said office until a City Manager shall have been elected at the next regular municipal election, and has qualified to begin his duties the next January 1st.
The City Manager shall be recognized as the official head of the City by the courts and for the purpose of serving civil process, by the governor for the purpose of military law, and for all ceremonial purposes. He may take command of the police and govern the City by proclamation during times of public danger or emergency, and the Council shall be the judge of what constitutes such public danger or emergency. The powers and duties of the City Manager shall be such as are conferred upon the City Manager under the present City Manager, together with such others as are conferred by the Council in pursuance of the provisions of the Charter and not in conflict with the powers conferred by these amendments.
The City Manager, elected by the electors as aforesaid, shall have veto power over any and all legislation passed by Council. When said City Manager shall have exercised his right of veto within 10 days after final passage of any ordinance by the Council, the ordinance shall not become effective. The City Manager's veto, however, may be overcome by not less than two-thirds vote of all of the 7 membership of Council, and the ordinance then made and voted for by not less than two-thirds vote of Council as aforesaid shall become effective as an ordinance of the City, and the City Manager shall have no veto after an ordinance shall have been adopted by not less than two-thirds of the 7 membership of Council.
The City Manager shall have the qualifications of an elector of the City of Ashtabula and shall have resided therein, at the time he files his nomination petition, not less than 5 years next preceding his election. His term of office shall not be interfered with by Council, and he shall hold office for the full term for which he is elected, except in case of removal under the causes as a mayor of any municipality may be removed under the Constitution and laws of the State of Ohio. The City Manager so elected by the people shall have all the powers and perform all the duties of a City Manager the same as when he is appointed by the Council under the present City Charter, together with such additional powers as are granted by these amendments. The City Manager, before entering upon his duties, shall give bond to the City of Ashtabula in the sum of $5,000, the said bond to provide for the faithful performance of his duties as City Manager and to be approved by the City Council.
The office of City Manager is hereby declared to be an elective office.
(Amended 11-2-48; 5-3-94)