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ARTICLE VI
THE MANAGER
THE MANAGER
The Council, by a majority vote of all members of Council, shall appoint a Manager for an indefinite term and shall fix compensation. The Manager shall be appointed on the basis of executive and administrative qualifications. The Manager need not be a resident of the Municipality or the State at the time of appointment, but shall reside therein during tenure of office as Manager.
(Amended November 2, 1976)
The Manager shall be the chief executive and administrative officer of the Municipality, and shall be recognized by the courts for civil process involving the Municipality. The Manager shall be responsible to the Council for the administration of all Municipal affairs placed in the Manager's charge by or under this Charter. The Manager shall have the following powers and duties:
a. See that all laws, provisions of this Charter and acts of the Council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed.
b. Submit to the Council and make available to the public a complete report on the finances, administrative activities and an inventory of the properties of the Municipality as of the end of each fiscal year.
c. Prepare and submit the annual budget and capital program to the Council.
d. Keep the Council fully advised as to the financial condition and future needs of the Municipality and make such recommendations to the Council concerning the affairs of the Municipality as the Manager deems desirable, or as Council may require.
e. Direct and supervise the administration of all departments, offices and agencies of the Municipality except as otherwise provided by this Charter.
f. Appoint, and, when the Manager deems it necessary for the good of the service, suspend or remove any Municipal employee and appointive administrative officer, except as otherwise provided by this Charter or by personnel rules adopted pursuant to this Charter. The Manager may authorize any administrative officer who is subject to the Manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.
g. Attend all Council meetings and take part in discussion, but may not vote.
h. Make such other reports as the Council may require concerning the operations of the Municipal departments, offices and agencies subject to the Manager's direction and supervision.
i. Arrange and prepare contracts, franchises and agreements, in cooperation with the Municipal Attorney, but no such contracts, franchises or agreements shall be legal until ratified or authorized by ordinance or resolution of the Council and, with reference to public utilities, according to the provisions of Article XVIII of the Constitution of the State of Ohio.
j. Perform such other duties as are specified in this Charter or as may be required by the Council within the limits of the Charter.
(Amended November 2, 1976; November 6, 1984)
By letter filed with the Clerk of Council, the Manager shall designate a qualified Municipal administrative officer to exercise the powers and perform the duties of Manager during temporary absence or disability. If such designation has not been made, and the Manager is, in the opinion of the majority vote of Council, unable to perform the Manager's duties or to make such designation, the Council shall, by resolution, appoint any qualified administrative officer of the Municipality or from another source to perform the duties of the Manager until the Manager shall return or the Manager's disability ceases. During such absence or disability, the Council may revoke such designation at any time and appoint another officer of the Municipality to serve until the Manager shall return or the Manager's disability shall cease.
(Amended November 2, 1976; November 3, 1992)
The Council may remove the Manager from office in accordance with the following procedures:
a. The Council shall adopt by affirmative vote of a majority of all members a preliminary resolution which must state the reason for removal and may suspend the Manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the Manager. During his or her suspension, Council shall appoint an Administrator from the departments or from another source to act as Manager.
b. Within five (5) days after a copy of the resolution is delivered to the Manager, the Manager may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The Manager may file with the Council a written reply not later than five (5) days before the hearing.
c. The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of five (5) of the Councilmembers at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the Manager, if the Manager has not requested a public hearing, or at any time after the public hearing if one has been requested.
In any case of removal, the former Manager shall be paid such consideration as may be determined by the Council acting by resolution. (Amended November 2, 1976; November 3, 1992; November 7, 2017)
ARTICLE VII
ADMINISTRATIVE DEPARTMENTS
ADMINISTRATIVE DEPARTMENTS
The administrative activities of the Municipality shall be carried on by Departments of: Finance, Safety, Service, Development, and Law. This shall not preclude the ability for Council to provide such services through joint participation with other governmental agencies as provided in Section 3.04.
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