The Mayor shall have been a qualified elector and a resident in this Municipality for at least two (2) years immediately prior to the date of the Mayor's election, and shall continue to be a qualified elector and resident therein during the Mayor's term. The Mayor shall not serve on continuous active military service in excess of sixty-one (61) days, either State or National, nor shall the Mayor hold any other elected public office or Municipal employment in this Municipality, except that of notary public or member of the State Militia, National Guard or Reserve Corps of the United States. The Mayor shall not, directly or indirectly, solicit, contract for, receive or be interested in any profit or emolument from, or on account of, any contract, job, work or service with, or for, the Municipality. The Mayor shall be a full-time employee of the Municipality as of January 1, 1998.
(Amended 11-2-76; 11-7-95)
If at any time the Mayor shall cease to possess any of the aforesaid qualifications of office, or shall be convicted of a felony or other crime involving moral turpitude, it shall be the duty of Council to declare the office of Mayor vacant, and upon such declaration the office of Mayor shall automatically and immediately become vacant. Such declaration by Council shall be made only after public hearing upon the charge or charges brought, and provided further, that the Mayor shall have been notified in writing of the charge or charges against the Mayor at least fifteen (15) days in advance of such hearings, and provided further, that the Mayor or the Mayor's counsel shall have been given an opportunity to be heard, present evidence and examine under oath, all witnesses appearing in support of such charge or charges. To be effective, such declaration of vacancy in the office of Mayor must receive the affirmative vote of two-thirds (2/3) of the membership of the legislative authority.
(Amended 11-7-95)
If the office of the Mayor becomes vacant by reason of non-election, death, resignation, recall, removal from office, removal of residence from the City, or from any other cause whatsoever, 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 the 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 the 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.
During the existence of such a vacancy in the office of the Mayor, the duties of the office of the Mayor shall be discharged by the head of one of the departments provided for in this Charter under the title of Acting Mayor. The order of succession to the office of the Mayor in the event the office becomes vacant is as follows: Director of Finance, Director of Public Service, Director of Public Safety, Director of Law; provided, however, that such person is a resident of the City of Avon. No Director appointed by an Acting Mayor may serve as Acting Mayor. In the event no Director is willing or able to serve as Acting Mayor, Council shall appoint the Acting Mayor by majority vote.
If the Mayor, or the person performing the duties of Mayor under the title of Acting Mayor, is temporarily absent from the City, or becomes temporarily disabled from any cause, the Mayor's duties shall be performed during such absence or disability by the head of one of the departments identified above, in the order stated above, under the restriction stated above, under the title of Acting Mayor.
(Amended 11-3-98.)
(a) Executive Powers. The Mayor shall be the chief executive officer of the Municipality. The Mayor shall supervise the administration of the Municipality's affairs and shall exercise control over all departments and divisions. The Mayor shall be the chief conservator of the peace within the Municipality and shall cause all laws and ordinances to be enforced. The Mayor shall be responsible for the preparation and submission of the annual estimate of receipts and expenditures, and of appropriation measures, and shall at all times keep the Council fully advised as to the financial condition and needs of the Municipality. The Mayor shall cause 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, to be faithfully kept and performed.
Except as may otherwise be provided by this Charter or the laws of the State of Ohio, the Mayor shall have the power to appoint, promote, transfer, reduce or remove any officer or employee of the Municipality except (a) those required by this Charter to be elected, and (b) those whose terms of office may be fixed by this Charter.
The Mayor shall execute on behalf of the Municipality all contracts, conveyances, evidences of indebtedness, and all other instruments to which the Municipality is a part, unless otherwise directed by Council. The Mayor shall have custody of the Seal of the Municipality and may affix it to all of said instruments, but the absence of the Seal shall not affect the validity of any such instrument. 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 civil processes.
(b) Legislative Powers. An ordinance or resolution passed as emergency legislation without a dissenting vote of Council shall not be subject to veto of the Mayor, and it shall be the Mayor's duty to forthwith authenticate it by signature, but if the Mayor fails to do so, it shall become effective immediately.
Every ordinance passed or resolution adopted by the Council shall be attested by the Clerk of Council and promptly presented to the Mayor. If the Mayor approves such ordinance or resolution, the Mayor shall sign it within ten (10) days after its passage or adoption by the Council, but if the Mayor does not approve it, the Mayor shall return it to the Council with the Mayor's written objections within said ten (10) days by delivery to said Clerk, which objection shall be entered in full on the journal of the Council. The Mayor may approve or disapprove the whole or any part or item of an ordinance or resolution appropriating money, but otherwise the Mayor's approval or disapproval shall be addressed to the entire ordinance or resolution. If the Mayor does not sign or veto an ordinance or resolution after its passage or adoption within said ten (10) day period, it shall take effect in the same manner as if the Mayor had signed it. When the Mayor has disapproved an ordinance or resolution or any part or item thereof, as herein provided, the Council shall, not later than the next regular meeting, proceed to reconsider it, and if, upon reconsideration, the ordinance or resolution or part or item thereof is approved by a vote of two-thirds (2/3) of the membership of the legislative authority, it shall then take effect as if it had received the signature of the Mayor. In all such cases, the vote shall be taken by yeas and nays and entered upon the journal.
(c) Judicial Powers. The Mayor shall have all the judicial powers granted generally by the laws of Ohio to mayors of municipalities unless, until and to the extent that other lawful provisions shall be made for the exercise of all or any such powers.
(Amended 11-7-95)