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To be eligible to be a member of Council a person must be a qualified elector at the time of such person’s election or appointment. Such person must be a resident of the City of Avon for at least one (1) year immediately prior to the time of her or his election or appointment. In addition to the foregoing requirements, no person shall be eligible to be elected a member of Council from a particular ward unless such person shall have been continuously a resident and qualified elector of such particular ward for one (1) year immediately prior to such person's election or appointment. In the event that boundaries of wards are changed, the one (1) year residency requirement within a ward shall be waived if the candidate for office continues to reside in the same residence.
No person shall serve as a member of Council unless during such person's term of office the Council member shall continue to be a resident and qualified elector of the Municipality of Avon, Ohio, and if elected or appointed from a ward, shall be and continue to be a resident of such ward. A Council member shall not hold any other Municipal office or Municipal employment in this Municipality except as otherwise provided in this Charter. A Council member shall forfeit the office of a Council member or President of Council in the event such person is called to full-time military service for a period exceeding sixty-one (61) consecutive days. A Council member 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. Any member who shall cease to possess any of the qualifications herein required shall forthwith forfeit the office, and any such contract in which any member is or may become interested may be declared void by Council.
(Amended 11-2-71; 11-7-95; 11-6-01)
(a) Separate Office. The Council President shall be a member of Council at large. Beginning in the year 2010 and for every term thereafter, the Council President shall be elected by a majority of the members of the legislative authority at the organizational meeting held the first business day following January 1, in the year following the election of Council members at large.
(b) Duties. The President of Council shall preside at all regular and special meetings of Council and shall have a vote therein except that the President of Council shall be last to be polled. The Council President shall perform such duties as presiding officer as may be imposed by the Council.
(c) Vacancy in Office. In the case of a vacancy, the President of Council shall be elected by Council from among its members and the one so elected shall serve for the unexpired term of such President of Council.
(Amended 11-2-71; 11-7-95; 11-3-98; 11-6-07)
The Council shall be the judge of the election and qualifications of its own members. Council may, by a vote of two-thirds (2/3) of the membership of the legislative authority, expel or remove any member for disqualification of office, or for violation of such member's oath of office, or for the conviction of a felony or other crime involving moral turpitude, or for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three (3) consecutive regular meetings. Prior to any such action by Council, the accused member shall be notified in writing of the charge against such member at least fifteen (15) days in advance of any hearing upon such charge, and such member, and such member's counsel, shall be given an opportunity to be heard, present evidence or examine, under oath, any witness in support of such charge.
(Amended 11-7-95)
Whenever any office of a Council member becomes vacant, the vacancy shall be filled by a qualified person for the unexpired term by majority vote of the remaining members of the legislative authority. Said vacancy shall be filled from ward or at large according to vacancy. If the vacancy is not so filled within thirty (30) days, the Mayor shall fill it by appointment.
(Amended 11-7-95)
Should the Council fail to concur within sixty (60) days, with any appointment made by the Mayor and requiring legislative concurrence in this Charter, then the majority of the membership of the legislative authority (Council) shall make such appointment. The sixty (60) day period within which the Mayor must announce an appointment and receive concurrence from Council begins to run at the time a vacancy occurs for any appointed position including original appointments.
The Mayor will have but one sixty (60) day period to make such appointment. This section shall not be interpreted to allow the Mayor more than a total of sixty (60) days to make an appointment to the vacant office and to obtain concurrence of the legislative authority.
(Amended 11-7-89; 11-7-95)
The Council shall have the power to fix its own compensation and that of each employee of the Municipality, including officers and members of any board or commission of the Municipality, whether elected, appointed or chosen, and to establish bond for the faithful discharge of the duties of the office. The premium of any bond required by the Council shall be paid by the Municipality. The compensation of all elected officials shall be fixed at least thirty (30) days prior to the filing date of nominating petitions for the terms beginning on the next succeeding first day of January, and shall not thereafter be changed in any respect during any such term or any part thereof. The Council may authorize any officer of the Municipality to make such travel as the Council deems to be in the public interest, and may provide that the expense of such travel be paid by the Municipality.
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