A Manager shall be appointed by the Council. A majority vote of the members of the Council shall be required for the appointment of the Manager. The Council may remove the Manager from office in accordance with the following procedures:
a. If the Manager has served less than six (6) months, he may be removed by a vote of five (5) members of Council voting for his dismissal, without the benefit of the provisions of subsections b., c., and d. of this section.
b. If the Manager has served six (6) months or more the Council shall adopt by a majority vote of its members a preliminary resolution which must state the reasons 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of the resolution shall be delivered promptly to the Manager, and said resolution may go into immediate effect and need not be published.
c. Within five (5) days after a copy of the resolution is delivered to the Manager, he may file with the Clerk of Council a written request for a public hearing. This hearing shall be held at a regular or special Council meeting not earlier than fifteen (15) days or later than thirty (30) days after the request is filed. The date of the public hearing shall be set by the President of Council. The Manager may file with the Clerk of Council a written reply to the reasons for removal contained in the preliminary resolutions, not later than five (5) days before the hearing.
d. The Council may adopt a final resolution of removal, which may be made effective immediately, by a majority vote of its members at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the Manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one (1).
e. The Manager shall continue to receive his salary until the effective date of a final resolution of removal. The decision of the Council to suspend or remove the Manager shall be in the sole discretion of the Council and shall not be subject to review by any court.
f. If the Manager is suspended from duty under subsection a. or b., the Council shall appoint by vote of a majority of the members thereof an administrative officer who shall serve as Acting Manager until the Manager is restored to duty, or until Council shall appoint another person as Acting Manager, or until another person is appointed Manager in accordance with this Charter. The Acting Manager so appointed shall exercise all powers, duties and functions of the Manager under this Charter.
The Council shall fix the compensation of the Manager.
The Manager shall be appointed solely on the basis of his executive and administrative qualifications, and need not be a resident of the Municipality at the time of his appointment, but shall become a resident of the Municipality within six (6) months after his appointment unless residence outside the Municipality is approved by a majority vote of the members of the Council. No one elected or appointed as a member of Council may be appointed as Manager until two (2) years after such member has terminated his membership on the Council.
The Manager may designate, by letter filed with the Clerk of Council, any qualified administrative officer of the Municipality to perform his powers, duties and functions during his temporary absence from the Municipality or during his disability. Such designation shall not be effective until the Council has approved it by a majority vote of the members of the Council, and the Council may revoke such designation by a majority vote of the members thereto. If such designation has not been made and the Manager is absent from the Municipality, or unable to perform his duties or to make such designation, the Council may, by motion, appoint any qualified administrative officer of the Municipality to perform the powers, duties and functions of the Manager until he shall return to the Municipality or the disability ceases. The Acting Manager so designated shall exercise all powers, duties and functions of the Manager during the temporary absence from the Municipality or disability of the Manager.
In the event of a vacancy in the office of Manager, the Council may designate a person as Acting Manager, who shall exercise all powers, duties and functions of the Manager until a Manager is appointed.
The Manager shall be the chief executive, administrative, and law enforcement officer of the Municipality. He shall be responsible to the Council for the administration of all Municipal affairs placed in his charge by or under this Charter, the ordinances of the Municipality and State laws. He shall have the following powers and duties:
1. He shall appoint and, when he deems it necessary for the good of the service, suspend or remove or otherwise discipline all Municipal employees and appointive administrative officers, except as provided for by or under this Charter, in the manner provided by the rules adopted by the Civil Service Commission, when city status is attained, pursuant to this Charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency. He shall not have the power or authority to appoint or remove, suspend or discipline the Director of Law or any member of any board or commission established under this Charter.
2. He shall direct and supervise the administration of all departments, offices and agencies of the Municipality, except as otherwise provided by this Charter.
3. He shall attend all Council meetings and shall have the right to take part in discussion, but may not vote.
4. He shall see that all laws, provisions of this Charter and ordinances and resolutions of the Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.
5. He shall prepare and submit the annual budget and capital program to the Council.
6. He shall submit to Council and make available to the public a complete report on the finances and administrative activities of the Municipality as of the end of each fiscal year.
7. He shall make such other reports as the Council may require concerning the operations of Municipal departments, offices, boards, commissions and agencies subject to his direction and supervision.
8. He shall keep the Council fully advised as to the financial condition and future operating and capital needs of the Municipality and make such recommendations to the Council concerning the affairs of the Municipality as he deems desirable.
9. He shall require reports and information of subordinate officers and employees of the Municipality as he deems necessary in the orderly operation of the Municipality, or when requested to do so by the Council or any board or commission of the Municipality.
10. He shall be the contracting officer of the Municipality and shall award and execute contracts and agreements on behalf of the Municipality in the manner and under the procedures required by Section 12.04 of this Charter.
11. He shall execute on behalf of the Municipality all contracts and agreements, except as otherwise hereinafter provided by Section 12.04 of this Charter, regarding the designation of a purchasing agent, conveyances, evidences of indebtedness and other instruments to which the Municipality is a part.
12. He shall affix to official documents and instruments of the Municipality the Manager’s Seal, which shall be the seal of the Municipality, but the absence of the seal shall not affect the validity of any such document or instrument.
13. He shall perform such other duties and have such other powers as are conferred or required by this Charter, by any ordinance or resolution of the Council, or by the laws of the State of Ohio.
Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any administrative officers or employees whom the Manager or any of his subordinates are empowered to appoint, unless otherwise provided by this Charter, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees. Except for the purpose of inquiries and investigations, the Council or its members shall deal with officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately, except that Council may require of the Municipal Attorney and Director of Finance such reports, information, and opinions as Council shall determine. This section shall not be construed as limiting the power of Council to remove or suspend the Manager because of his practices in connection with the appointment, promotion, disciplining or removal of officers and employees of the Municipality.
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