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In case of death, resignation or removal of the Mayor, or in case the Mayor ceases to reside in the Municipality, the duties of the office of Mayor shall be discharged by the Acting Mayor to be selected in the following order of succession: Council President; if the Council President is unable to or declines to serve as Acting Mayor, then the Council members at large in descending order of longevity in service in the office of Council member at large; if all of the Council members at large are unable to or decline to serve as Acting Mayor, then Ward Council members in descending order of longevity in service in the office of Ward Council member; if all of the Ward Council members are unable to or decline to serve as Acting Mayor, then the Director of Finance; if the Director of Finance is unable to or declines to serve as Acting Mayor, then the Director of Law, provided, however, that in order for the Director of Finance or the Director of Law to serve as Acting Mayor, the Director of Finance and/or the Director of Law must be a resident of the City of Avon Lake. In the event that more than one Council member at large has the same longevity in service in the office of Council member at large, the Council member at large, of those who have the same longevity in service in the office of Council member at large, who received the largest number of votes in the most recent general election shall, if the Council President is unable to or declines to serve as Acting Mayor, serve as Acting Mayor. In the event that more than one Ward Council member has the same longevity in service in the office of Ward Council member, the Ward Council member, of those who have the same longevity in service in the office of Ward Council member, who received the largest number of votes in the most recent general election shall, if the Council President and all Council members at large are unable to or decline to serve as Acting Mayor, serve as Acting Mayor.
In the performance of the duties of Acting Mayor, the Council member or department head acting in this capacity shall not thereby cease to retain status as Council member or department head. The individual serving as Acting Mayor shall receive the salary provided for in Section 20 of this Charter, except that in no event shall the salary or benefits of the individual serving as Acting Mayor be reduced while serving in this capacity.
If the office of the Mayor becomes vacant by reason of death, resignation or removal of the Mayor, or in case the Mayor ceases to reside in the Municipality, and such vacancy occurs more than two hundred and seventy (270) days before the next regular Municipal election to be held for the office of Mayor, such vacancy shall be filled by special Municipal election. Such special election shall be held on the first Tuesday after sixty (60) days from the day on which the vacancy first occurs; however, if a previously scheduled May or November election is no less than one hundred (100) days from the day on which the vacancy first occurs, such special election shall be held in conjunction with such election. All of the provisions in this Charter applicable to nominations and elections of candidates for the office of Mayor shall apply. The person elected at such special election shall immediately assume office, shall have the same rights and responsibilities as any duly elected Mayor and shall serve the remainder of the term of the prior Mayor.
(Amended 11-2-1999; 5-6-2003)
When the Mayor is absent or inaccessible, or is unable for any cause to perform duties of the office of Mayor, the person designated by Section 15 of this Charter shall be the Acting Mayor until the Mayor resumes the office. If the Mayor does not resume the duties of the office within 60 days, then Council shall declare the office vacant and shall fill the vacancy in accordance with Section 15 of this Charter.
(Enacted 11-6-2018)
No one shall be eligible to hold the office of Mayor of the Municipality unless he shall have been a continuous resident and qualified elector thereof for at least three (3) years next prior to his election. The Mayor shall continue to be a resident of the Municipality throughout his term of office, or Council shall remove him.
The Mayor shall be a full-time employee of the Municipality as of January 1, 1992, and shall not hold any other elective or appointive public office for compensation, or other full-time employment, public or private, except that of Notary Public or member of the National Guard or Reserve Forces of the United States, or as otherwise provided in this Charter.
(Amended 11-6-1990)
The Council may remove the Mayor for gross misconduct, malfeasance, misfeasance or nonfeasance in, or for disqualification for office, or for the conviction while in office of a crime involving moral turpitude, or for the violation of his oath of office. Such removal shall not take place without the concurrence of five (5) members of Council, and until the Mayor shall have been notified in writing of the charges against him, at least ten (10) full days in advance of any hearing upon such charge, and until he or his counsel shall have been given an opportunity to be heard, present evidence and examine witnesses appearing in support of such charge.
(Amended 11-8-1988)
The Mayor shall have all the general and judicial powers granted by the general laws of the State of Ohio to Mayors of municipalities, as now are or hereafter may be enacted.
The Mayor shall attend all meetings of Council, but shall have no vote therein. He shall have the right to introduce ordinances and resolutions and to take part in the discussion of all matters coming before Council.
(Amended 11-6-1973; 11-6-2001)
The Mayor shall be the chief executive officer of the Municipality, charged with the duty and cloaked with the authority to supervise the administration of all departments and divisions of the Municipality, unless Council shall otherwise provide; except that he shall not have such powers with respect to the affairs of any department or division of the municipal administration which by this Charter is placed under the supervision and direction of a board which is chosen by popular election, nor as to an elected office holder, nor as to personnel holding office or employment in the municipal administration by virtue of being appointed thereto or employed therefor by direct and sole action of Council.
Within the limits of his authority as established in the immediately preceding Section 19 of this Charter, the Mayor shall have power to suspend for a period not to exceed thirty (30) days, without compensation during the term of suspension, any officer or employee of the Municipality (but not including elected officers, nor officers or employees appointed by the sole action of Council, nor subordinates of offices or appointees who have been appointed by the sole action of Council) whom the Mayor determines to be or to have been guilty of misfeasance, malfeasance or nonfeasance in respect to duties specifically imposed or by implication clearly enjoined upon such person in the administration of the affairs of the Municipality; and in the event of such suspension, the Mayor shall designate another suitable person to discharge the duties of the suspended person during the period of the suspension. Such suspension must be in writing with the cause for and the reason of the action clearly appearing therein, as well as the period during which the suspension shall remain in effect. Such written notice of suspension must be delivered to the suspended person in person if by reasonable diligence he can be found in the Municipality, and if he cannot be so found, the notice of suspension shall be left at the usual place of residence of the person so suspended; and a copy of said notice of suspension shall be forwarded to Council forthwith. A suspension by the Mayor shall be final unless an appeal is taken as hereinafter provided. Any person who has been suspended by the Mayor as above provided shall have the right to appeal to Council during the period of the suspension. In the event of an appeal being so taken, the decision of Council on the appeal shall be final. On hearing an appeal, if Council by a vote of not less than five (5) of its members shall overrule the suspension imposed by the Mayor, the person so suspended forthwith shall be restored to duty and shall be paid at the rate of his usual compensation for the period of the suspension; but if the suspension by the Mayor is not overruled by a vote of at least five (5) of the members of Council, the suspension shall stand as imposed by the Mayor. Nothing herein provided, however, shall prevent the Mayor from modifying his order of suspension at any time while it is in effect, nor prevent the Mayor from cancelling such suspension.
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