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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.)
The Director of Finance shall be the fiscal officer of the Municipality. The Director of Finance shall:
(a) 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,
(b) Advise the Manager and the Council concerning the financial condition of the Municipality,
(c) Examine all payrolls, bills and other claims against the Municipality and shall issue no warrants unless the claim is in proper form, correctly computed, duly approved and that an appropriation has been made therefor,
(d) Collect all money due and payable to the Municipality and shall be the custodian of all public money of the Municipality and shall disburse the same as may be required by law or ordinance,
(e) Render statements to and receive payments from the customers of the utilities operated by the Municipality,
(f) Administer and collect all taxes levied by the Municipality, except those taxes where the laws of the State of Ohio require a County or State official to administer and collect the tax. However, this section shall not be construed to prevent the Council from entering into or authorizing contracts with other Municipal corporations, the State of Ohio or its political subdivisions, or private persons, firms or corporations, for the rendering of statements to and receipt of payments from customers of utilities operated by the Municipality or for the administration and collection of taxes,
(g) Examine and audit the accounts of all other officers, employers, departments, boards and commissions,
(h) Assist the Manager in the preparation and submission of appropriation measures, estimates, budgets and other financial matters.
(i) Perform all other duties now or hereafter imposed on City Auditors and Treasurers under the laws of the State of Ohio and perform such other duties, consistent with the office of Finance Director, as may be required by this Charter by ordinance or resolution of Council, or as directed by the Manager.
The Director of Finance shall have sole authority to invest any moneys of the City in investments authorized by Section 731.56 of the Ohio Revised Code.
The Director of Finance shall prepare annual financial and other reports required by law and shall make periodic reports concerning appropriations, encumbrances and expenditures of the departments, divisions, boards and commissions as may be required by the Council or the Manager, and shall submit to the Council and the Manager, and make available to the public, a complete report on the finances of the Municipality as of the end of each fiscal year.
(Amended 11-7-78.)
The Manager shall serve as the head of the Department of Public Service, unless the Council shall, by a majority vote of its members, create the position of Service Director. If such position is created the Service Director shall be appointed by and serve at the pleasure of the Manager. The Service Director may hold any other administrative office or position of employment with the Municipality, except that of Municipal Attorney. If a separate position of Service Director is created by the Council, such separate position may be abolished by a majority vote of the members of the Council, in which event the Manager shall become the Service Director until such time as the Council shall again create such a separate position in the manner hereinbefore provided. The Service Director, or the Manager, if the separate position of Service Director has not been created, shall direct and supervise the work, administration and services provided by all divisions, offices, bureaus or agencies within the Department of Public Service.
The following divisions are established under the Department of Public Service:
(a) Division of Water and Sewer to be headed by a superintendent.
(b) Division of Streets, Cemeteries and Parks to be headed by a superintendent.
(c) Such other divisions or bureaus as may be authorized by the Council by ordinance.
One person may serve as the head of any number of divisions.
The Manager shall serve as the head of the Department of Public Safety, unless the Council shall, by a majority vote of its members, create the position of Safety Director. If such position is created, the Safety Director shall be appointed by and serve at the pleasure of the Manager. The Safety Director may hold any other administrative office or position of employment with the Municipality, except that of Municipal Attorney. If a separate position of Safety Director is created by the Council, such separate position may be abolished by a majority vote of the members of the Council, in which event the Manager shall become the Safety Director until such time as the Council shall again create such a separate position in the manner hereinbefore provided. The Safety Director, or the Manager, if the separate position of Safety Director has not been created, shall direct and supervise the work, administration and services provided for all divisions, offices, bureaus or agencies with the Department of Public Safety.
Subject to the provisions of this Charter, the Council shall provide by ordinance for the organization of the departments and divisions of the Municipality, and define the powers and functions of each organizational unit, but all departments and divisions shall be under the general supervision of the Manager.