SECTION 3.02 . QUALIFICATIONS. FORFEITURE OF OFFICE.

   (a)   All members of the Council shall be electors of the City under the laws of Ohio at the time of filing for office and during their terms of office. Members of Council elected from wards shall be electors of the ward from which they seek election at the time of filing for office and during their terms of office.

   (b)   Except as permitted under this Charter, members of the Council shall not hold any other office or employment with the City during their tenure on the Council, nor may members of the Council hold any employment in the classified service of the City for a period of one year after tenure on the Council.

   (c)   The Council shall remove a member of the Council and declare his office to be vacant upon finding the accused member guilty of any of the causes by a four-fifths vote of the members of Council, excluding the accused member:

      (1)   Failure to comply with divisions (a) or (b) of this section.

      (2)   Conviction of a felony, involving moral turpitude.

   (d)   The Council may remove a member of the Council and declare his office to be vacant upon finding the accused member guilty of any of the following causes by a four-fifths vote of the members of the Council, excluding the accused member:

      (1)   Willful or repeated violation of the provisions of this Charter.

      (2)   Failure to attend three consecutive regular meetings of the Council without being excused by the Council. Council may excuse absences of its members at any time, whether before or after the absence.

      (3)   Misfeasance, malfeasance and nonfeasance in office.

   (e)   The Council shall notify any accused member of the charges against him by serving a copy of the charges and a notice of the date, time and place of the hearing on the charges on him personally or by leaving such copy and notice at his last known place of residence in the City. At the hearing the member of the Council making the charges against the accused member and the accused member may appear in person or by attorney and may examine witnesses. The Mayor shall issue subpoenas for witnesses or other evidence upon the request of the member of Council making the charges and the accused member. Charges against a member of the Council may be made under this section only by another member of the Council, it being the intention of this Charter that the Council shall be the sole judge of the election and qualifications of its members.

SECTION 3.03 . COMPENSATION.

   The compensation of members of Council and the Board of Public Affairs shall be twenty-five dollars per meeting attended, but not to exceed thirty-six meetings in each calendar year. The compensation of the members of Council and the Board of Public Affairs may be increased or decreased by ordinance or resolution, but an increase in such compensation shall not become effective until January 1 of the year following the next regular municipal election that occurs at least six months after the passage of the ordinance or resolution increasing the compensation.

SECTION 3.04 . COUNCIL PRESIDENT.

   At the first meeting in January of each year the Council shall immediately proceed to elect a President from their own number, who shall serve for a term of one year and until his successor is elected and qualified. The President of Council shall preside at all meetings of the Council and shall have such other powers and duties as are provided in this Charter or by ordinance, resolution, or rule adopted by the Council. When the Mayor is absent from the City or unable for any cause to perform his duties the President of the Council shall become acting Mayor and shall have the same powers and limitations and perform the same duties as the Mayor. The President of Council may vote on all matters before the Council regardless of whether he is acting as the Mayor.

SECTION 3.05 . LEGISLATIVE POWERS.

   All legislative powers of the City shall be vested in the Council. The Council shall have all powers granted to legislative authorities or municipalities by the Constitution and laws of Ohio. The Council shall have such other powers, duties and functions as provided by or under this Charter.

SECTION 3.06 . VACANCIES IN COUNCIL.

   The office of a member of the Council shall become vacant upon his death, resignation or removal from office. A vacancy in the Council shall be filled for the remainder of the unexpired term at the next regular municipal election following not less than 60 days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council shall fail to fill the vacancy for the interim period as provided herein above within thirty days following the occurrence of the vacancy, its power to fill the vacancy shall lapse and the Mayor shall fill the vacancy during the interim period of appointment.

SECTION 3.07 . INVESTIGATING.

   The Mayor and the Council may make investigations into the affairs of the City and the conduct of any department, board, commission, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence.

SECTION 3.08 . AUDIT.

   The Council may provide for an independent annual audit of City accounts, which audit may be in addition to any audit required under the general laws.

SECTION 3.09 . MEETINGS.

   The Council shall meet regularly twice in every month at such times and places as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of three or more members upon no less than twelve hours notice to each member, unless such notice is waived by all members of the Council not receiving notice. The call of a special meeting shall set forth the subjects that are to be considered at the special meeting and no other subjects may be considered. All meetings shall be public; however, the Council may recess for the purpose of discussing in a closed or executive session:

      (1)   To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual; unless the public employees, official, licensee or regulated individual requests a public hearing;

      (2)   To consider the purchase of property for public purposes or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public;

      (3)    To confer with the City attorney concerning disputes involving the City of Bryan that are subject to pending or imminent court action;

      (4)   To prepare for, conduct, review negotiations or bargaining sessions with public employees concerning their compensation or other terms or conditions of their employment;

      (5)   To discuss matters required to be kept confidential by federal laws or rules or state statutes;

      (6)   To discuss specialized details of security arrangements where disclosure of the matter discussed might reveal information which could be used for the purpose of committing or avoiding prosecution or a violation of the law;

   In addition, any other changes that would broaden or narrow the number of instances in which a public body could meet in executive session under Section 121.22 of the Ohio Revised Code commonly called the "Sunshine Law" or any future legislation by the State of Ohio in regards to executive sessions, shall be incorporated by reference in this Charter provision. Before any subject matter for consideration is discussed in executive session, the Council shall express the general subject matter for consideration in a motion calling for such consideration and the final action shall be taken in public meeting thereon.

(Passed by voters 5-8-84.)