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The Planning Commission shall conduct studies, surveys and prepare plans, reports and maps relative to the overall planning of the growth, development, redevelopment, rehabilitation, and renewal of the Municipality, and may make such recommendations relative thereto to the Council as it feels are in the best interest of the Municipality. The Planning Commission shall continuously review and report to the Council its recommendations concerning the Municipality’s capital improvement programs, subdivision, platting and zoning ordinances and regulations. The Planning Commission shall cooperate with other governmental or private planning agencies to secure the maximum benefit to the Municipality of the work, studies, surveys and reports of such other planning agencies. Other powers and duties of the Planning Commission shall include those established by this Charter and by the Council by ordinance, but until such ordinances shall be passed, it shall possess such other powers and duties as are provided by the general laws of Ohio, to the extent that such general laws do not conflict with the provisions of this Charter.
When city status is attained, if permitted by the laws of Ohio, Council may determine by ordinance whether or not to establish City civil service or any alternative personnel plan for employee appointments and promotions which may then be lawfully established by a charter municipality. If City civil service is established, there is hereby created and established a Civil Service Commission, which shall consist of three (3) members appointed by a majority vote of the Council for terms of six (6) years, provided that the members of the Commission first appointed under this Charter shall be as follows: one (1) member shall be appointed for a term of two (2) years, one (1) member shall be appointed for a term of four (4) years, and one (1) member shall be appointed for a term of six (6) years. Thereafter, each member shall be appointed for a six (6)-year term and shall continue in office until his successor is appointed. Not more than two (2) members shall be of the same political party.
(Amended Nov. 5, 1996)
All compensated positions in the service of the Municipality shall be in the classified service and shall be appointed pursuant to competitive examinations, except the following, which shall comprise the unclassified service of the Municipality:
1. Member of Council, including the Mayor.
2. The Clerk of Council and other employees of the Council.
3. The Manager.
4. The Director of Finance.
5. The Municipal Attorney and his assistants and special legal counsel.
6. The Safety and Service Directors and any Assistant Safety and Service Directors.
7. All heads of other Departments and heads of Divisions within Departments, including the Divisions of Police and Fire.
8. Professional engineers employed by the Municipality.
9. Members of boards and commissions established by this Charter or by ordinance of Council.
10. Volunteer members of the Division of Fire, members of the auxiliary police unit within the Division of Police, and part-time employees of the Divisions of Police and Fire.
11. The secretary of each board and commission established by this Charter or by ordinance, provided that if such secretary holds other employment within the classified service of this Municipality, this section shall not exempt such person from the requirement of competitive examination to hold such employment.
12. Persons of exceptional professional or scientific qualifications engaged as consultants.
13. Unskilled laborers as defined and authorized by the Civil Service Commission.
14. Temporary employees who are not employed for more than ninety (90) continuous days or for more than ninety (90) days in one (1) year.
15. One (1) personal secretary to the Manager, one (1) personal secretary to the Municipal Attorney, and one (1) deputy or clerk to the Director of Finance, the Safety Director, and the Service Director, provided, however, that it shall be necessary for such positions to have been created by the Council.
The Civil Service Commission shall appoint and remove, subject to the civil service provisions of this Charter, all employees of the Commission.
The provisions of the laws of the State of Ohio regarding selection, promotion, demotion, discipline, and removal of employees within the classified service of the Municipality as provided by Section 9.04 of this Charter, shall be applicable under this Charter unless such provisions conflict with the provisions of this Charter, and provided that the Civil Service Commission shall have the power to adopt rules and regulations concerning the selection, promotion, demotion, discipline, and removal of employees within the classified service of the Municipality, which rules and regulations may modify, supplement, or supersede the laws of the State of Ohio, and in the case of conflict shall prevail over the laws of the State of Ohio.
The Civil Service Commission shall appoint and remove, subject to the Civil Service provisions of this Charter, all employees of the Commission.
An employee holding a municipal position at the time this Charter takes effect shall not be subject to any tests as a condition of continuance in the same position, but in all other respects shall be subject to the personnel system provided for by this Charter.
There is hereby created and established a Park, Recreation and Cemetery Board, which shall consist of six (6) members as hereinafter provided. Two (2) members shall be members of the Board of Education or members appointed by such Board of Education; two (2) shall be appointed by the Manager; and two (2) members shall be appointed by a majority vote of the Council. Members of the Park, Recreation and Cemetery Board shall be appointed for a term of five (5) years each, provided that the first persons appointed pursuant to this section shall be appointed as follows: the two (2) members to be appointed by the Manager shall be appointed for two (2)-year terms; the two (2) members to be appointed by the Board of Education shall be appointed for three (3)-year terms; and the two (2) members to be appointed by the Council shall be appointed for four (4)-year terms. Thereafter, each member shall be appointed for a five (5)-year term and shall continue in his office until his successor is appointed. If the Board of Education shall fail to appoint the members as hereinabove provided within sixty (60) days after the effective date of this Section, or within sixty (60) days after any vacancy shall occur for which said Board of Education is to make the appointment, or if it is finally determined by any court that said Board of Education does not have the power under the laws of the State of Ohio to make such appointment, then and in those events the Council shall make the appointment of such members.
The Park, Recreation and Cemetery Board shall make such recommendations and reports to the Manager, Council, Planning Commission and other officers, departments, divisions and boards, and commissions as it deems advisable regarding the acquisition, development, maintenance, repair, and operation of parks, playgrounds, recreational and cemetery facilities and programs of the Municipality. The Board may cooperate with organized groups concerned with recreation programs and may stimulate citizen interest in the care and preservation of parks and historical and scenic sites. The Board may act as trustee for any property, asset, or funds donated to the Municipality for park, recreational or cemetery purposes, provided the donor designates or provides for the designation of the Board as such trustee. In such an event the Board shall have all those powers and duties necessary to carry out the purposes of the trust. The Board may recommend the amount of any fees or charges for the use of park, recreational and cemetery facilities; however, the Council shall fix all such fees or charges. Subject to the provisions of ordinances passed by the Council, the Board shall exercise supervision and control over the planting and care of trees, plants, and shrubs in the parks, parkways, recreation grounds, streets, boulevards, sidewalks and cemeteries of the Municipality. The Board shall exercise such additional powers and duties as provided by Council by ordinance. In the exercise of its powers and duties, the Board shall request of the Manager such manpower, work, supplies and equipment as it deems necessary, and the Manager, subject to the provisions of this Charter concerning purchasing and personnel, shall provide such manpower, work, supplies and equipment as has been authorized by the Council through appropriation to such Board, and to the extent that such manpower, supplies and equipment shall be available for such purposes, considering the overall needs of the Municipality.
During the month of January, 1976, or as soon thereafter as possible, and each five (5) years thereafter, the Mayor shall appoint five (5) electors of the Municipality as members of a Charter Review Commission. Such appointments shall be subject to confirmation by a majority vote of the Council. If the Council fails to vote upon the confirmation of any person appointed to such commission within thirty (30) days after the name of any such person is filed with the Clerk of Council by the Mayor, such person shall be deemed confirmed by operation of law. No member of the Charter Review Commission may hold office or employment with the Municipality, and all members of such Commission shall serve without compensation; however, such Commission may hire such temporary employees and retain special counsel and other consultants as it may deem necessary. The Council shall appropriate all money necessary to pay the expenses of the Commission, including the compensation of such employees, counsel, and consultants. All meetings of the Commission shall be open to the public. The Commission shall review the Charter of the Municipality and shall recommend, within six (6) months after the confirmation of the last of the members thereof to be confirmed, such alterations, revisions and amendments, if any, to the Charter, as in its judgment are desirable. Such recommendations shall be directed to the Council. After consideration of the recommendations of the Charter Review Commission, the Council may submit all, any, or none of such proposed alterations, revisions or amendments to the electors of the Municipality in the manner provided by Article XVIII, Section 9, of the Constitution of Ohio. The terms of the members of the Commission shall terminate at the end of such six (6)-month period in which the Commission is required to report its recommendations to the Council.
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