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Avon Lake, Ohio Code of Ordinances
Avon Lake, OH Municipal Utilities Regulations
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SECTION 45. NUMBER AND TERM.
   The administrative authority over municipally owned utilities shall be vested in a Board of five (5) members elected at large. The term of office of a member of the Board shall be four (4) years. At the Municipal election in the calendar year of 1951 five (5) members shall be elected to the Board; the three (3) who receive the highest number of votes shall be elected for a term of four (4) years, and the two (2) who receive the next highest number of votes shall be elected for a term of two (2) years. Thereafter, members shall be elected for a term of four (4) years to fill vacancies caused by the expiration of terms of members of the Board as they may occur.
SECTION 46. QUALIFICATIONS.
   No person shall be a member of the Board of Municipal Utilities unless he shall have been a resident of and a qualified elector of the Municipality continuously for two (2) years immediately prior to his election or appointment. No person shall serve as a member of the Board unless he shall continue to be a resident of the Municipality throughout his term of office. No member of the Board shall hold any other public office with the Municipality or employment with the Municipality. No member of the Board shall be interested in the profits or emoluments of any contract, job, work or service for which the moneys of the Municipality are being expended.
   Any member of the Board who shall cease to possess, or violates any of the qualifications herein enumerated shall forfeit his office; but failure of any member of the Board to maintain said qualifications shall not render void or ineffective any action of the Board in which such member has participated.
(Amended 6-8-76)
SECTION 47. REMOVAL.
   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.
SECTION 48. VACANCIES.
   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.
SECTION 49. MEETINGS AND ORGANIZATION.
   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 bv 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 3-2-04; 8-7-12)
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