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CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 69 Salary of Mayor
   The salary of the Mayor shall be fixed by Council in an amount per annum payable in twelve equal monthly installments.
(Effective October 20, 1953)
§ 70 Mayor’s Appointing Power
   The Mayor shall have power to appoint and remove directors of all departments and officers and members of commissions not included within regular departments. Officers appointed by the Mayor shall serve until removed by him or until their successors are appointed and have qualified.
(Effective November 9, 1931)
§ 71 General Powers and Duties of Mayor
   It shall be the duty of the Mayor to act as chief conservator of the peace within the City; to supervise the administration of the affairs of the City; to see that all ordinances of the City are enforced; to recommend to the Council for adoption such measures as he may deem necessary or expedient; to keep the Council advised of the financial condition and future needs of the City; to prepare and submit to the Council such reports as may be required by that body, and to exercise such powers and perform such duties as are conferred or required by this Charter or by the laws of the State.
(Effective November 9, 1931)
§ 72 Mayor’s Right in Council
   The Mayor and the directors of all departments established by the Charter, or that may hereafter be established by ordinance, shall be entitled to seats in the Council. Neither the Mayor nor the director of any department shall have a vote in the Council, but the Mayor shall have the right to introduce ordinances and to take part in the discussion of all matters coming before the Council; and the directors of departments shall be entitled to take part in all discussions in the Council relating to their respective departments. The Council by ordinance or resolution may authorize other City officials to have seats in Council.
(Effective November 9, 1931)
§ 73 Vacancy in Office of Mayor; Acting Mayor
   If the office of Mayor is vacant by reason of non- election, death, resignation, removal from office in any way except by recall election, removal of residence from the City, or from any other cause whatsoever, and such vacancy occurs more than one year before the next regular municipal election to be held for the office of Mayor, such vacancy shall be filled by special municipal elections. The aforesaid special municipal elections shall be held on the first Tuesday after sixty days from the day on which the vacancy first occurs, at which time the nonpartisan primary election shall be held, and on the fifth Tuesday following the said nonpartisan 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 Mayor at regular municipal elections shall apply to the said special municipal elections. The person so elected as Mayor at the said special municipal elections shall assume the office immediately upon his election and qualification and shall serve until his successor is elected and qualified. During the existence of such vacancy in the office of Mayor, pending the time the said vacancy is filled by special municipal elections, the duties of the office of Mayor shall be discharged by the head of one of the departments provided for in this Charter under the title of Acting Mayor; provided, however, that if the vacancy occurs at a time when special municipal elections are not authorized in this section, then the said head of one of the departments shall succeed to the office of the Mayor and be Mayor until his successor is elected and qualified. In either of the above cases the order of succession as Acting Mayor or as Mayor shall be as follows: Director of Law, Director of Finance and Director of Public Utilities.
   If the Mayor, or the person performing the duties of Mayor under the title Acting Mayor be temporarily absent from the City, or becomes temporarily disabled from any cause, his duties shall be performed during such absence or disability by the head of one of the aforesaid departments in the above order, and under the title of Acting Mayor.
(Effective November 4, 1980)
§ 74 Residency Requirements; Officers and Employees
   (a)   Except as in this Charter otherwise provided or except as otherwise provided by a majority vote of the Council of the City of Cleveland, every temporary or regular officer or employee of the City of Cleveland, including members of all City boards and commissions established by the Charter or the ordinances of Cleveland, whether in the classified or unclassified service of the City of Cleveland, appointed after the effective date of this amendment, shall, at the time of his appointment, or within six months thereafter, be or become a bona fide resident of the City of Cleveland, and shall remain as such during his term of office or while employed by the City of Cleveland.
   (b)   No person shall, in any way, falsify or misstate verbally or in writing any application, paper, document or form, which relates to his employment with the City, that he is a resident of the City of Cleveland, when in fact he is not a bona fide resident of the City of Cleveland. Any officer or employee of the City of Cleveland who is found to have supplied or furnished such false or misleading information concerning his true residence or who fails to become a resident as herein required, or who, being a resident or having become a resident of the City, subsequently establishes a residence outside of the City, shall, after hearing, according to law, be discharged from service with the City.
   (c)   A person who is a bona fide resident of the City of Cleveland for at least one year and desires to take an entrance level civil service examination, as determined by the Civil Service Commission, at the time of filing his or her application for examination, shall, if a passing grade is attained, as determined by the civil service bulletin for such examination, have added to his or her raw score ten (10) points.
   Notwithstanding anything in this Charter to the contrary, every veteran who has served in the United States Armed Forces for a period of 180 consecutive days, if he has received an honorable discharge or separation or a general discharge under honorable conditions, shall receive an additional five (5) points added to his raw score. The Civil Service Commission may grant additional veterans preference points for servicemen having a service-connected disability not to exceed ten (10) points.
   (d)   The provisions of this section shall not apply to any officer or employee on the payroll of the City of Cleveland on the effective date of this section.
(Effective November 29, 1982; division (c) amended by the electors November 2, 1999)
§ 74-1 Residency Preference Points for Promotional Examinations
   A person who is a bona fide resident of the City of Cleveland for at least one year from the date of filing of an application for a promotional civil service examination, who receives a passing grade on that promotional examination, shall have added to his or her raw score five (5) points.
(Effective March 6, 2012)
§ 75 City Record
   The City shall publish weekly a City Record which shall contain the transactions and proceedings of the Council, the legal advertising of the City and such other information relating to the affairs of the City as shall be determined by ordinance. The City Record shall be published, distributed and sold in such manner and on such terms as the Council may determine. No unofficial advertisements shall be published in the City Record.
(Effective November 9, 1931)
§ 76 City Planning Commission
   There shall be a City Planning Commission composed of seven (7) members. One shall be a member of the Council of the City of Cleveland chosen by each Council to serve during the term of such Council, and six members shall be appointed by the Mayor, with the approval of Council, and may be removed by the Mayor. Two alternate members shall be appointed by the Mayor, with the approval of Council, and may be removed by the Mayor. The alternate members may serve in place of a non-Council member of the City Planning Commission who is unable to act or is self-disqualified because of personal interest, and shall then have all the powers of the member and shall receive compensation for services as determined by the Council. In the event of the absence of the one Council member of the City Planning Commission, the Council President may appoint another Council member to serve as a member pro tempore for purposes of that City Planning Commission meeting. The term of the members, other than Council members, shall be six (6) years, except that of the initial appointments of the non-alternate members, the terms of two members shall be two (2) years, and the terms of two members shall be four (4) years. Vacancies in the Commission shall be filled in the same manner for the unexpired term. The Chairman of the Commission shall be appointed annually by the Mayor from the members and may be removed as Chairman at the Mayor’s pleasure.
(Effective November 3, 2009)
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