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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.
When the Mayor has reason to believe that any officer or employee of the Municipality has been guilty in the performance of his official duties of misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality, or habitual drunkenness, he shall immediately file with Council written charges against such person, setting forth in detail a statement of such alleged guilt, and, at the same time, or as soon thereafter as possible, serve or cause to be served, a true copy of such charges upon the person against whom the charges are made. Such service may be made in person or by leaving a copy of the charges at the office or the usual place of residence of such person, and due return of such service shall be made to Council as is provided for the return of service of summons in a civil action.
When so filed with Council, such charges shall be for hearing at the next regular meeting thereof, unless Council, with the consent of the accused, shall extend the time of hearing. The accused may appear in person or by counsel, examine all witnesses and answer all charges against him. The judgment or action of Council shall be final; but to remove such officer or employee so charged, the votes of five (5) members of Council shall be required.
Pending any such proceedings, such person may be suspended by a majority vote of all members of Council; but such suspension shall not be for a longer period than fifteen (15) days unless the hearing of such charges is extended with the consent of the accused, and in such event the suspension shall not exceed a period of thirty (30) days.
For the purpose of investigating charges against an officer or employee, Council may issue subpoenas or compulsory processes to compel the attendance of persons and the production of books and papers before Council, and may provide by ordinance for exercising and enforcing this provision.
In all cases in which the attendance of witnesses may be compelled for such investigation, any member of Council may administer the requisite oaths, and Council shall have the same power to compel the giving of testimony by the attending witnesses as is conferred upon courts of justice. In all such cases, witnesses shall be entitled to the same privileges, immunities and compensation as are allowed witnesses in civil cases, and the cost of all such proceedings shall be paid from the General Fund of the Municipality.
The Mayor shall be the chief conservator of the peace and shall see that all laws and ordinances are enforced within the Municipality. He shall recommend to Council such measures as he deems necessary or expedient. He shall see that all terms and conditions imposed in favor of the Municipality or its inhabitants in any franchise or contract to which the Municipality is a party are faithfully kept and performed. The Mayor shall execute on behalf of the Municipality all contracts, conveyances, evidence of indebtedness and all other instruments to which the Municipality is a party. He shall have custody of the seal of the Municipality which shall be the Mayor’s seal, and shall affix it to all the above mentioned documents requiring the same; but the absence of such seal therefrom shall not affect the validity of any such document. The Mayor shall be recognized as the official and ceremonial head of the Municipality by the Governor for military purposes, and by the Courts for the purpose of serving processes.
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