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(a) The Board of Public Affairs shall consist of five members to be elected from the City at large for overlapping terms of four years. Members of the Board shall be electors of the City. Persons serving as members of the Board at the time this revised Charter becomes effective shall continue in office for their existing term of office and until their successors are elected or appointed as provided under the revised Charter. The Mayor shall be an ex-officio member of the Board of Public Affairs, entitled to attend all meetings of the Board and to participate in the discussions and deliberations of the Board, but shall have no vote on the Board.
(Amended 11-4-97.)
(b) The Board of Public Affairs shall have the control and supervision over the operations and personnel of the electric and water utilities, including paying and setting the wage of each of its personnel, and such other functions and duties assigned to it by the Council, subject to the provisions of Section 6.10 of this Charter.
(c) No public utility facility, used for the provision of a utility service, shall be sold, without the approval of such sale, by a majority vote of the electors of the City.
(d) The Board of Public Affairs shall submit its itemized budget requests to the Mayor for inclusion in the proposed budget submitted to the Council for its consideration. Once the Council has appropriated funds for the use of the Board of Public Affairs, the Board need not secure further approval for its expenditures by the Council so long as the funds are expended for the purposes appropriated; provided that the Council shall retain the power to increase, reduce and transfer appropriations made for the use and purposes of the Board, with the approval of the Board.
(e) The Board of Public Affairs shall appoint a Director of Utilities of the electric and water utilities. He shall serve at the pleasure of the Board which pays him, sets his wage, and the term of his office. He shall act as the executive head of the electric and water utilities and shall perform such other functions and duties as directed by the Board.
(f) The office of a member of the Board shall become vacant upon his death, resignation or removal from office. A vacancy in the Board shall be filled for the remainder of the unexpired term at the next regular municipal election following not less than sixty (60) days upon the occurrence of the vacancy, but the Board 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 Board shall fail to fill the vacancy of 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.
(g) The Board may remove a member of the Board and declare his office to be vacant upon finding the accused member guilty of any of the following causes by a two-thirds vote of the members of the Board, excluding the accused member:
(1) Willful or repeated violation of the provision of this Charter.
(2) Failure to attend three consecutive regular meetings of the Board without being excused by the Board. Board may excuse absences of its members at any time, whether before or after the absence.
(3) Misfeasance, malfeasance and nonfeasance in office.
(4) Failure of a member to resign when he no longer maintains his main residency within the municipal limits of the City of Bryan.
(Passed by voters 5-8-84.)
(a) The City of Bryan may provide for the services of a Board of Health by one of two options:
(1) A Board of Health established by the Mayor and Council; or
(2) Under contract with a third party.
(b) When services of the Board of Health are provided under Article VII, Section 7.03(a)(1), the Mayor and Council shall comply with the following:
(1) The Board of Health shall be composed of five electors of the City appointed by the Mayor subject to the confirmation of the Council by a majority vote of its members. Two members shall be doctors of medicine. All members shall serve without compensation. Members of the Board of Health shall be appointed for overlapping terms of five years each and shall be appointed in a manner resulting in the expiration of the term of office of one member each year.
(2) The Board shall elect one of its members as President, who shall preside in the absence of the Mayor, and another member as Secretary.
(3) A Health Commissioner shall be appointed for such time and in such manner and paid such compensation as may be prescribed by the Mayor with the approval of Council by a majority vote of its members.
(4) The Board of Health shall have such powers and perform such duties as may be prescribed by the ordinances and resolutions passed by the Council and by the laws of the State of Ohio.
(5) The Board of Health shall exist at the pleasure of the Mayor and Council and may be terminated and/or disbanded by the Mayor subject to the approval of Council by a majority vote of its membership.
(c) When services of the Board of Health are provided under Article VII, Section 7.03(a)(2), the Mayor, with approval of Council by a majority vote of its membership, may contract for the services of the Board of Health at any time. At the expiration of the contract, the Mayor may renew the contract with approval of the Council by a majority vote of its membership, or appoint a new board pursuant to Article VII, Section 7.03(b).
(Amended 11-4-97.)
(a) There is hereby created a Planning Commission consisting of the Mayor, Street Commissioner, City Engineer and four citizen members who shall be electors of the City and shall be appointed by a majority vote of the members of the Council for terms of six years each. The three citizen members of the City Planning Commission under the prior Charter shall continue as members of the Planning Commission under this revised Charter until the expiration of their terms of office. The fourth citizen member shall be appointed for a term of office that will assure that the term of two members shall exire every second year. No citizen member shall serve more than two consecutive terms.
(Amended 11-4-97.)
(Amended 11-4-97.)
(b) The powers, duties, and functions of the Planning Commission, and limitations thereon, shall be prescribed by ordinance or resolution, but until such ordinance or resolution shall be passed it shall have those powers, duties and functions conferred on City Planning Commissions by the general laws, as are not in conflict with this Charter.
The Council, by a majority vote of its members, may create and establish and combine, merge or abolish such other boards and Commissions by ordinance or resolution. The number of members, qualifications, term of office, and powers, duties and functions of such other boards and commissions shall be provided by ordinance or resolution, but such ordinance or resolution shall not conflict with any of the provisions of this Charter.
(a) At the first meeting in each year, each board or commission established by this Charter or by ordinance or resolution of Council shall organize by electing a chairman and secretary, except as otherwise provided in this Charter. The chairman shall be a member of the board or commission and the secretary, except in the case of the Board of Health and Board of Public Affairs, may be elected from within or without the membership of such board or commission. The secretary shall keep an accurate and complete record of the proceedings of such board or commission. Each member shall be an elector of the City.
(b) A majority of each of the Boards and Commissions hereinabove referred to shall constitute a quorum for meetings and a majority vote of the members of such board or commission shall be necessary to take any action and for the passage of motions. Rules providing for the number and manner of calling regular and special meetings, and to provide for the conduct and government of meetings of each such board or commission, may be adopted by a majority vote of the members of each such board or commission; however, such rules shall not conflict with the provisions of this Charter or any ordinance or resolution passed by the Council.
(c) Unless otherwise provided for by this Charter, a vacancy during the term of any member of a board or commission created by this Charter or by ordinance of the Council shall be filled for the unexpired term in the manner authorized for an original appointment.
(a) The Council shall remove a member of any board or commission 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:
(1) Failure to be or remain an elector of the City during the term, or violation of any other qualification for holding such office.
(2) Holding other office or employment with the City during his term of office, unless otherwise required or permitted by this Charter.
(3) Conviction of a felony, involving moral turpitude.
(b) The Council may remove a member of any board or commission 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:
(1) Willful or repeated violation of the provisions of this Charter.
(2) Failure to attend three consecutive regular meetings of the board or commission of which he is a member without being excused by such board or commission. Each board and commission may excuse absences of its members at any time, whether before or after the absence.
(3) Misfeasance, malfeasance, and nonfeasance in office.
(c) 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 any board or commission may be made under this section only by a member of Council, it being the intention of this Charter that the Council shall be the sole judge of the election and qualifications of the members of all boards and commissions.