There shall be a Director of Finance who shall be head of the Department of Finance. The City Auditor, elected at the 1971 general Municipal election, and the City Treasurer, elected at the 1973 general Municipal election, shall carry out their duties as provided by general law until the expiration of their respective terms of office, at which times these offices shall be abolished.
At the general Municipal election to be held in 1975 and every fourth (4th) year thereafter, the Director of Finance shall be elected for a term of four (4) years. His term shall commence and he shall assume office on the first day of January next following his election. He may be a candidate to succeed himself.
As of January 1, 1978 there shall also be an assistant Director of Finance who shall be appointed by and shall serve at the pleasure of the Director of Finance. He shall carry out all duties prescribed to him by the Director of Finance and shall be responsible for the operation of the Department of Finance in the absence of the Director of Finance. This shall be an unclassified position.
(a) Qualifications. The Director of Finance shall have been a qualified elector and a resident of this City for at least one (1) year immediately prior to the last date on which his declaration of candidacy or nominating petition may be filed, and shall continue to be a qualified elector and resident therein during his term. During his said term of office, he shall not hold any other public office except that of notary public or member of the State Militia or reserve Corps of the Armed Forces of the United States.
The Director of Finance shall further have the following minimum qualifications: He shall be a person who has had at least two years experience in corporate, business, municipal, county, state or federal finance in a management level.
The provisions of Section 11.02 of this Charter shall prevail with regard to the presently employed Director of Finance, and said officer’s rights and privileges shall be preserved.
(b) Removal. Council may remove the Director of Finance from office for gross misconduct, or malfeasance, misfeasance or nonfeasance in or disqualification for office, or for conviction while in office for a crime involving moral turpitude, or if adjudicated legally incompetent, or for a violation of his oath of office or persistent failure to perform the duties of his office; provided, however, that such removal shall not take place without the affirmative vote of two-thirds (2/3) of the entire Council; nor until the accused Director of Finance shall have been notified in writing of the charge or charges against him at least fifteen (15) days in advance of a public hearing upon such charge or charges and he or his 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.
(c) Powers and Duties. The Director of Finance shall be the head of the Department of Finance and fiscal officer of the Municipality. He shall keep the financial records of the Municipality, exhibiting accurate statements of all moneys received and expended, of all property owned by the Municipality and of all taxes and assessments. He shall be the custodian of all public money of the Municipality, shah keep and preserve such money in the place or places authorized by ordinance, and shall disburse the same as may be required by law or ordinance. He shall not allow the amount set aside for any appropriation to be overdrawn or drawn for any other purpose. He shall examine and audit the accounts of all other officers, employees and departments. He shall require evidence that the amount of any claim presented to him is due. He shall be responsible for the preparation and submission of appropriation measures and shall assist the Mayor and Council in the preparation of estimates, budgets and other financial matters and at all times keep the Mayor and Council fully advised as to the financial condition and needs of the Municipality. He shall perform all other duties that may now or hereafter be imposed upon city auditors or treasurers under the general laws of the State of Ohio, unless otherwise provided by this Charter or by ordinance of Council, and shall perform such other duties, consistent with his office, as may be required by this Charter, by ordinance of Council, or as directed by the Mayor.
(d) Vacancy. In the event the office of the Director of Finance shall become vacant for any cause or reason, the Mayor, with the approval of a majority of Council, shall choose his successor to serve his unexpired term, or until the beginning of the term of a successor duly elected as provided in subsection (e) of this section.
(e) Election of Successor in the Event of Vacancy. In the event the office of Director of Finance shall become vacant, a successor for the unexpired term shall be elected as Director of Finance at a special election to be held on the day of the next general Municipal election, provided that: (1) such election shall occur more than two (2) years prior to the expiration of the unexpired term and (2) the vacancy shall have occurred more than one hundred twenty (120) days prior to such election. A successor who has become Director of Finance pursuant to this section may be a candidate to succeed himself. In all other instances in which the office of Director of Finance shall become vacant the provisions of subsection (d) of this section shall apply.
(Nov. 3, 1981; Nov. 1, 1995; Nov. 2, 2010)