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Except as reserved to the people in this Charter, the legislative power of the Municipality shall be vested in a Council of seven (7) members, four (4) of whom shall be elected by the respective wards, and three (3) of whom shall be elected at large.
The Mayor shall be entitled to a seat in the Council and shall attend all meetings of Council. The Mayor shall have the right to introduce ordinances, resolutions and motions, and shall have the right to participate in the discussion of all matters coming before Council, but the Mayor shall have no vote in Council and shall not preside at Council meetings.
Members of Council for each of the City's wards shall be elected at the regular Municipal election in the year 2013 for a term of four (4) years and every fourth year thereafter to a term of four (4) years. Members of Council at-large shall be elected for a term of two (2) years at the regular Municipal election in the year 2013. At the regular Municipal election in the year 2015, the at-large members of Council shall be elected for a term of four (4) years and every fourth year thereafter for a term of four (4) years.
In order to maintain substantially equal population in each of the wards on a continuous basis, Council shall consider reapportioning the City's wards after a decennial United States Census.
In addition to any powers, duties or obligations as set forth in this Charter, Council shall have such further powers, duties or obligations as are set forth in the general laws and the Constitution of the State of Ohio to the extent not in conflict with this Charter, and in the event that there is such a conflict then those granted, allowed or imposed by this Charter shall prevail.
(Amended 11-7-95; 11-6-12; 11-8-22)
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.
(a) Regular Meetings. Council shall meet at the Council Chambers of the Municipality for the purpose of organization on the first business day following January 1 in even-numbered years. Thereafter, Council shall meet at such times as may be prescribed by its rules, regulations, ordinances 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 Council may, at its discretion, dispense with one of its regular meetings. All meetings of Council, whether regular or special, shall be open to the public.
(b) Special Meetings. Special meetings of the Council may be called in accordance with, and as provided for, by the rules, regulations or by-laws adopted by the Council. In the absence of such provisions, special meetings may be called by a vote of the Council taken at any regular or special meeting thereof, or shall be called by the Clerk of Council upon the written request of the Mayor or President of Council, or three (3) members of Council. Any such request shall state the time, place and date thereof, and the subject or subjects to be considered at the meeting, and no other subject or subjects shall be considered. Notice in writing of such special meeting called at the request of the Mayor, President of Council, or three (3) members of Council, shall be given to each member of Council and the Mayor, by serving on each of them personally or by leaving a copy thereof at the member's or the Mayor's usual place of residence, not less than twenty-four (24) hours preceding the date and hour of such meeting. Service of such notice may be waived in writing. The members of Council shall be held to have waived such notice by their attendance at the special meeting.
(Amended 11-2-76; 11-7-95)
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