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The powers and duties of the City Manager shall be:
(a) To see that the laws and ordinances be enforced;
(b) Except as herein provided, to appoint and remove all heads of departments, and all subordinate officers and employees of the City; all appointments to be upon merit and fitness alone;
(c) To exercise control over all departments and divisions created herein or that hereafter may be created by the Council;
(d) To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise be faithfully kept and performed; and upon knowledge of any violation thereof to call the same to the attention of the City Solicitor, who is hereby required to take such steps as are necessary to enforce the same;
(e) To attend all meetings of the Council, with the right to take part in the discussion but having no vote;
(f) To recommend to the Council for adoption such measures as he may deem necessary or expedient;
(g) To act as Budget Commissioner and to keep the Council fully advised as to the financial condition and needs of the City; and
(h) To perform such other duties as may be prescribed by this Charter or be required of him by ordinance or resolution of the Council.
Excepting the departments of City Solicitor, City Auditor, City Treasurer, and Board of Health, the City Manager shall be the acting head of each and every department or division of the City until otherwise provided by the Council; but with the consent and approval of the Council, he may appoint a deputy or chief clerk to represent him in any department or division of which he is acting head. No member of the Council shall interfere with the conduct of any department or division, or order any service or report therefrom except at the express order of Council.
(Amended 5-7-46)
The City Solicitor shall be an attorney-at-law admitted to practice in the State of Ohio and be an elector of the City, and shall be a qualified elector therein prior to his election, and shall have such assistants of like qualifications as the Council may authorize. The City Solicitor shall be the legal adviser of and attorney and counsel for the Municipality, and for all officers and departments thereof in matters relating to their official duties. He shall prepare all contracts, bonds, and other instruments in writing in which the Municipality is concerned, and shall endorse on each his approval of the form and correctness thereof; and no such contract with the City shall take effect until his approval is endorsed thereon. He and his assistants shall be the prosecuting attorney of the Municipal Court, and he shall perform such other duties as the Council shall require.
The City Solicitor shall be nominated and elected by the legal voters of the City at the regular municipal election for a term of 4 years; and, except as hereinafter set forth, shall serve until his successor is elected and qualified. He, the City Solicitor, shall be nominated and elected in the same manner as is provided in Section 42 of the present Charter of the City of Ashtabula for the elective officers of the City and shall be nominated in the same manner as is provided for nomination of candidates for councilman-at-large.
The City Solicitor shall not be removed from office during his elective term, except in manner provided by the general laws of Ohio, applicable to cities of the State. The City Solicitor when elected and before entering upon his duties shall give bond to the City of Ashtabula in the sum of $1,500, the said bond to provide for the faithful performance of his duties as City Solicitor and to be approved by the City Council. The office of City Solicitor is hereby declared to be an elective office.
During temporary or permanent vacancies in the office of City Solicitor, a successor with the same qualifications as required of candidates for City Solicitor of the City, shall be appointed by the City Council in the manner provided in the within Section 27 for filling temporary and permanent vacancies in the office of City Manager and until a successor in the same manner shall be elected and has qualified.
(Amended 5-3-94)
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