CHAPTER 5 - THE COUNCIL

The legislative powers of the City, except as reserved to the people by this Charter, shall be vested in a Council, each member of which shall be elected from a separate ward. Members of Council shall be elected for a term of four years and shall serve until their successors are chosen and have qualified.

If at any time, the office of a member is vacant by reason of non-election, death, resignation, removal of residence from the ward represented or from any other cause whatsoever, except when the vacancy is caused by a recall petition, the vacancy shall be filled by the Council for the unexpired term; provided, however, that if the vacancy occurs at any time which is more than two years before the next regular Municipal election, the person selected by the Council to fill the vacancy shall hold office until the person’s successor is elected at special municipal elections to be held in accordance with this section and is qualified. If a general election is to be in the City held upon a date not less than 160 days nor more than one year after the occurrence of the vacancy, the special municipal election shall be held at the general election and a special primary election to nominate candidates for the vacancy shall be held on the eighth Tuesday prior to the general election. Otherwise, the aforesaid special municipal elections shall be held on the first Tuesday after one hundred days from the day on which the vacancy first occurs, at which time the primary election shall be held, and on the eighth Tuesday following the primary election, at which time the final special municipal election shall be held, and all the provisions in this Charter contained as to nomination and election of candidates for member of Council at regular Municipal elections shall apply to the special municipal elections. The person so elected shall hold office for the unexpired portion of the term in which the vacancy in the office of member of Council occurred and until the person’s successor is elected and qualified and shall assume office immediately upon election and qualification.

(Effective November 4, 2008)

§ 25 Dividing the City into Wards

The Council not later than April 1, 2009, shall redivide the City into wards based on the City’s population as of February 15, 2009 as determined by estimated population figures compiled by the U.S. Census Bureau or other reliable source as determined by the Council as of that date. The number of wards shall be an odd number between a maximum of 25 wards and a minimum of 11 wards using the following table that reflects a ratio of one ward for every 25,000 people based on the estimated population figures:

If the City’s population is:	The City shall be divided into the following number of wards:
More than 575,000	25
575,000 or less but more than 525,000	23
525,000 or less but more than 475,000	21
475,000 or less but more than 425,000	19
425,000 or less but more than 375,000	17
375,000 or less but more than 325,000	15
325,000 or less but more than 275,000	13
275,000 or less	11

The wards so formed shall be as nearly equal in population as may be fair and equitable, composed of contiguous and compact territory, and bounded by natural boundaries or street lines. When any territory is annexed to the City the Council shall by ordinances declare it a part of the adjacent ward or wards.

If the Council fails or neglects to redivide the City into wards by April 1, 2009, the Mayor shall within 7 days thereafter submit to Council the plan for redividing the City into wards using the above table to determine the number of wards, which division plan of the Mayor shall become effective until the next decennial Federal census when the wards shall be reapportioned as provided in Section 25-1.

The members of Council to be elected under the terms herein shall be elected at the regular Municipal election on November 3, 2009, in accordance with the provisions of Chapter 3 of the Charter of the City of Cleveland. The division of the City into wards existing at the time of the adoption of this amendment shall continue until changed as provided herein.

(Effective November 4, 2008)

§ 25-1 Reapportionment of Wards

Commencing with the Federal census decennially taken in the closest proximity to January 1, 2010, and following each subsequent Federal decennial census, the Council no later than April 1 prior to the next regular municipal election shall reapportion the wards of the City, provided however that if the proclamation by the Secretary of State stating the population of cities in Ohio as determined by any such Federal census occurs in any year when the City conducts a regular Municipal election and the proclamation of the Secretary of State occurs less than 120 days before the date for filing nominating petitions for the election under Charter Section 8, the reapportionment of wards under this section shall be effective by no later than April 1 prior to the next regular Municipal election four years thereafter and for all subsequent elections for City offices until the next decennial Federal census. The number of wards shall be an odd number between a maximum of 25 wards and a minimum of 11 wards using the following table that reflects a ratio of one ward for every 25,000 people based on the estimated population figure contained in the proclamation of the Secretary of State:

If the City’s population is:	The City shall be divided into the following number of wards:
More than 575,000	25
575,000 or less but more than 525,000	23
525,000 or less but more than 475,000	21
475,000 or less but more than 425,000	19
425,000 or less but more than 375,000	17
375,000 or less but more than 325,000	15
325,000 or less but more than 275,000	13
275,000 or less	11

The wards so formed shall be as nearly equal in population as may be, composed of contiguous and compact territory, and bound by natural boundaries and street lines.

If the Council fails to reapportion the wards by the dates herein provided, the Mayor shall within fifteen business days thereafter submit to Council a plan for the reapportionment of the wards. The Council shall within ten business days after receiving the Mayor’s plan, reapportion the wards as herein provided. If the Council does not reapportion the wards within this latter ten business day period, the reapportionment plan of the Mayor shall become effective until the next decennial Federal census when the wards shall be reapportioned as herein provided.

(Effective May 4, 2010)

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