For the purpose of carrying on the administrative functions of the Municipality, the following departments are hereby established: Department of Law, Department of Finance, Department of Public Service and Department of Safety. The work of the departments of the Municipality shall be distributed among such divisions as provided in this Charter and as provided by ordinance. The Council may create new departments and divisions and combine, change and abolish any department or division in the manner and subject to the limitations as provided in Section 3.08(f) of this Charter.
The Municipal Attorney shall be the head of the Department of Law, shall be appointed by a majority vote of the Council, and shall serve at the pleasure of the Council and may be removed by a majority vote of the Council. The Municipal Attorney must be admitted to the practice of law in the State of Ohio and shall be a resident of the Municipality unless residence outside the Municipality is approved by a majority vote of the members of the Council.
The Municipal Attorney shall be the legal adviser, attorney, and counsel for the Municipality, and for all offices, departments, divisions, bureaus, boards, commissions and bodies of the Municipality in connection with municipal affairs; and subject to the direction of the Council, shall represent the Municipality in all proceedings in Court or before any administrative board or body. The Municipal attorney shall:
(a) Perform such other duties consistent with the office, as may be required by this Charter, by ordinance or resolution of the Council, or by the laws of the State of Ohio.
(b) Act as the prosecuting attorney on behalf of the Municipality and shall prosecute cases brought before Courts of competent jurisdiction.
(c) Be responsible for the preparation of all contracts and other writings in which the Municipality is concerned and shall endorse on each an approval as to the form thereof.
(d) Defend all actions against the City, and officials and employees of the Municipality arising out of the performance of their duties.
(e) When requested by a member of Council, including the Mayor, the Manager, the Chairman of any Board or Commission, or the head of any department or division, give a written opinion on the question or request made concerning the affairs of the Municipality, or advice on any matter contained in such request.
The Council may provide for such assistants and special counsel to the Municipal Attorney as shall be deemed advisable. All assistants shall be responsible to the Municipal Attorney, and when authorized by the Municipal Attorney, may exercise all or any part of the powers and duties granted to the Municipal Attorney under this section. Special counsel may be selected by the Council and such special counsel may perform those powers and functions as authorized by and in the manner provided by the Council.
The Manager shall serve as the Director of Finance, unless the Council shall, by a majority vote of its members, create the separate office of Director of Finance. If such separate office is created by the Council, the Director of Finance shall be appointed by the Manager, with the approval of Council and shall serve at the pleasure of Council.
The Director of Finance may hold any other administrative office or position of employment with the Municipality, except that of Municipal Attorney.
The Finance Director shall be the head of the Department of Finance, and shall be qualified by training or experience to discharge the duties as the head of the Department of Finance in a capable manner.
The Manager may designate an officer or employee of the Municipality, who, during the absence or disability of, or during a vacancy in the office of the Director of Finance, shall exercise the powers and discharge the duties and functions of the Director of Finance under the title of Acting Finance Director. Such designation may be revoked by the Manager at any time.
(Amended 11-8-83.)
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