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SECTION 5.02 QUALIFICATIONS.
   The Manager shall be appointed solely on the basis of executive and administrative qualifications, and need not be a resident of the Municipality at the time of his appointment, but shall become a resident of the Municipality within six (6) months after appointment unless residence outside the Municipality is approved by a majority vote of the members of Council. No one elected or appointed as a member of Council may be appointed as manager until two (2) years after such member has terminated his membership on the Council. The Manager shall abide by the Code of Ethics of the International City Managers Association, or any successor entity, and shall refrain from participation in the election of the members of Council and from all partisan political activities which would impair the professional administration of the duties of the Manager.
(Amended 11-7-78.)
SECTION 5.03 POWERS AND DUTIES OF THE MANAGER.
   The Manager shall be the chief executive, administrative, and law enforcement officer of the Municipality and shall be responsible to the Council for the administration of all municipal affairs placed in the charge of the Manager by or under this Charter, the ordinances of the Municipality and state laws. The Manager shall have the following powers and duties including the powers to:
   (a)    Appoint and, when deemed necessary for the good of the service, suspend or remove or otherwise discipline all municipal employees and appointive administrative officers, except as provided for, by, or under this Charter, in the manner provided by the rules adopted by the Civil Service Commission pursuant to this Charter. The Manager may authorize any administrative officer who is subject to the direction and supervision of the Manager to exercise these powers with respect to subordinates in that officer's department, office or agency. The Manager shall not have the power or authority to appoint or remove, suspend, or discipline the Municipal Attorney and/or assistants or any member of any board or commission established under this Charter.
   (b)    Direct and supervise the administration of all departments, offices and agencies of the Municipality, except as otherwise provided by this Charter.
   (c)   Attend all Council meetings and shall have the right to take part in discussion but may not vote.
   (d)   Insure that all laws, provisions of this Charter and ordinances and resolutions of the Council, subject to enforcement by the Manager or by officers subject to the direction and supervision of the Manager, are faithfully executed.
   (e)    Prepare and submit the annual budget and capital program to the Council.
   (f)   Submit to Council and make available to the public a complete report on the finances and administrative activities of the Municipality as of the end of each fiscal year.
   (g)   Make such other reports as the Council may require concerning the operations of municipal departments, offices, boards, commissions and agencies subject to the direction and supervision of the Manager.
   (h)   Keep the Council fully advised as to the financial condition and future operating and capital needs of the Municipality and make such recommendations to the Council concerning the affairs of the Municipality as deemed desirable by the Manager.
   (i)   Require reports and information of subordinate officers and employees of the Municipality as deemed necessary by the Manager in the orderly operation of the Municipality, or when requested to do so by the Council or any board or commission of the Municipality.
   (j)   Act as the contracting officer of the Municipality and award and execute contracts and agreements on behalf of the Municipality in the manner and under the procedures required by Section 10.04 of this Charter.
   (k)   Execute, on behalf of the Municipality, all contracts and agreements, except as otherwise hereinafter provided by Section 10.04 of this Charter regarding the designation of a purchasing agent, conveyances, evidences of indebtedness and other instruments to which the Municipality is a party.
   (l)   Affix to official documents and instruments of the Municipality the Manager's Seal which shall be the seal of the Municipality, but the absence of the seal shall not affect the validity of any such document or instrument.
   (m)   Perform such other duties and have such other powers as are conferred or required by this Charter, by any ordinance or resolution of the Council, or by the laws of the State of Ohio. (Amended 11-6-73.)
SECTION 5.04 COUNCIL-MANAGER RELATIONS.
   Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any administrative officers or employees whom the Manager or any of the subordinates of the Manager are empowered to appoint, unless otherwise provided by this Charter, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees. Except for the purpose of inquiries and investigations, the Council or its members shall deal with officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately, except that the Council may require of the Municipal Attorney and Director of Finance such reports, information, and opinions as Council shall determine. This section shall not be construed as limiting the power of Council to remove or suspend the Manager in connection with the appointment, promotion, disciplining or removal of officers and employees of the Municipality by the Manager.
SECTION 5.05 ACTING MANAGER.
   The Manager may designate, by letter filed with the Clerk of Council, any qualified administrative officer of the Municipality to perform the powers, duties and functions of the office of Manager during temporary absence from the Municipality or during disability. Such designation shall not be effective until the Council has approved it by a majority vote of the members of the Council, and the Council may revoke such designation by a majority vote of the members thereto. If such designation has not been made and the Manager is absent from the Municipality or unable to perform the duties or the office of Manager or to make such designation, the Council may, by motion, appoint any qualified administrative officer of the Municipality to perform the powers, duties and functions of the Manager until the Manager shall return to the Municipality or the disability ceases. The Acting Manager so designated shall exercise all powers, duties and functions of the Manager during the temporary absence from the Municipality or disability of the Manager.
   In the event of a vacancy in the office of Manager, the Council may designate a person as Acting Manager, who shall exercise all powers, duties and functions of the Manager until a Manager is appointed.
SECTION 5.06 MANAGER MAY ACT AS DEPARTMENT HEAD.
   The Manager shall serve as the Director of Finance and the head of the Departments of Public Service and Public Safety until separate positions are created as provided by Section 6.04, Section 6.06 and Section 6.07 and the Manager may act as head of any other department or division of the government, except that the Manager shall not act as Municipal Attorney, nor shall the Manager act as the Chief of the Division of Police, or Chief of the Division of Fire. The Manager may designate one person to serve as head of one or more departments or divisions; except that the Municipal Attorney shall not serve or act as head of any other department or division.
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