CHAPTER VI CLERK OF COUNCIL

SECTION 29. APPOINTMENT AND TERM.

   The Clerk of Council shall be appointed by Council. He shall serve for a term not longer than the term of the Council which appoints him.

(Amended 11-6-1973)

SECTION 30. VACANCY.

   When a vacancy occurs in the office of Clerk of Council, the vacancy shall be filled by an appointment made by a majority of Council.

(Amended 11-6-1973)

SECTION 31. QUALIFICATIONS.

   The Clerk of Council shall be a resident of the Municipality at the time of his appointment and shall continue to be a resident throughout his term of office or Council shall remove him.

(Amended 11-6-1973)

Editor’s note:

   The Ohio Supreme Court decided in Lima v. State, 122 Ohio St. 3d 155 (June 2009), that R.C. § 9.481 prevents municipalities from requiring its employees to reside in the municipality, other than as provided in R.C. § 9.481(B)(2)(b).

SECTION 32. REMOVAL.

   The Council may remove the Clerk of Council, 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. Such removal shall not take place without the concurrence of five (5) of the members of Council, nor until the Clerk of Council 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 11-6-1973; 11-8-2005)