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The Council shall be the sole and final judge of the election and qualifications of the members of the Board of Municipal Utilities. The Council may expel or remove any member of the Board of Municipal Utilities for gross misconduct, or for malfeasance, misfeasance, or nonfeasance, in, or disqualification from holding office, or for conviction while in office of a crime involving moral turpitude, or for violation of his oath of office, or for persistent failure to abide by the rules of the Board of Municipal Utilities, or for absence from three (3) consecutive regular meetings without justifiable excuse. Such expulsion shall not take place except on concurrence of five (5) of the members elected to Council, nor until the accused member shall have been notified in writing of the charge preferred against him at least ten (10) days in advance of any hearing upon such charge, and until he or his counsel shall have been given an opportunity to appear before Council and be heard, present evidence and examine witnesses appearing in support of the charge.
Whenever the office of a member of the Board of Municipal Utilities becomes vacant, the vacancy shall be filled for the unexpired term by a majority vote of the remaining members of the Board. If the vacancy is not so filled within thirty (30) days after it shall have occurred, the Mayor shall fill the vacancy by appointment.
During the month of December following each regular municipal election, the Board of Municipal Utilities shall meet at the Utilities Office Building for the purpose of organization. Thereafter, said Board shall meet at such place as may be prescribed by its rules, regulations and by-laws; but it shall hold regular meetings at least twice during each calendar month of the year, with the exception of the months of July and August, during each of which months the Board may at its discretion dispense with one of its regular meetings. All meetings of the Board, whether regular or special, shall be open to the public. However, the Board may meet in closed executive session upon an affirmative majority roll call vote of at least three members in order to discuss and act on those matters as authorized by the general laws of the State of Ohio.
At the organization meeting the Board shall choose one of its members as the Chairman of the Board and shall choose a Clerk-Secretary of the Board who may be a member of the Board or may be an employee of the Board. In the event of the absence of the Chairman or the Clerk-Secretary of the Board at any meeting, the members of the Board present shall designate one of the attending members as acting Chairman, and shall designate a member or an employee of the Board as acting Secretary, as circumstances may require. The Board shall keep a journal of its proceedings which shall be available for the inspection of all interested persons.
(Amended 3-2-2004; 8-7-2012)
A majority of the members elected to the Board of Municipal Utilities shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by the rules and regulations of the Board.
The Board of Municipal Utilities shall manage, conduct, control and furnish service of the water works, electric light and power plant, sanitary sewerage treatment works and system, artificial or natural gas plant, or other similar public utilities when and if owned by the Municipality.
The Board may make such by-laws and regulations, and appoint or employ such personnel as it may deem necessary for the safe, economical and efficient management, operation and protection of such works, plants and public utilities. Such by-laws and regulations when not repugnant to the ordinances of the Municipality, the Constitution of the State of Ohio, and to this Charter, shall have the same validity as municipal ordinances. For the purpose of paying the expenses and of conducting and managing such works, plants and public utilities, of making necessary additions thereto, and extensions thereof, and of making necessary repairs thereon, such Board may assess and collect utility rent charges of sufficient amount and in such manner as it may deem most equitable upon all tenements and premises supplied with its utility services. When such rents or charges are not paid, such Board may certify the same over to the Auditor of Lorain County, Ohio, to be placed on the duplicate and collected as other municipal taxes, or may collect the same by action at law in the name of the Municipality.
The Board of Municipal Utilities shall have the same powers and perform the same duties as now are or may hereafter be possessed by or enjoined by law upon Boards of Trustees of Public Affairs in villages and Directors of Public Service in cities in respect to the public utilities under their direction and supervision; and all powers and duties relating to water works shall extend to and include any municipally owned public utility. The Board shall have such other powers and duties as may be prescribed by this Charter or ordinance of Council not inconsistent herewith.
Council shall determine and fix the salary of the members of the Board of Municipal Utilities on or before the first day of June each year. If Council determines to change the established salaries of the members of the Board of Municipal Utilities in respect to a term of office, such change must be made by Council on or before the first day of June, to be effective January 1st of the following year; unless the salary date is so changed, it shall remain as last fixed. The salary of a member of the Board of Municipal Utilities shall be payable in substantially equal installments fixed by ordinance of Council.
(Amended 11-3-2009)
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