The administrative functions of the City shall be carried out by a Department of Finance, a Department of Law, a Department of Service and Safety and such divisions of these departments as may be created by ordinance after consultation with the Mayor. Divisions under each department shall be assigned by Council under its authority to pass an Administrative Code. Pending the adoption of such a Code by Council, the Mayor may establish temporary divisions by administrative order.
The department heads of Law, Finance, Service and Safety and the Mayor shall constitute the Board of Control. Their duties shall include conducting daily business, establishing policy, dealing with emergencies and other duties as defined by Council in the Administrative Code.
Each department head shall be appointed by the Mayor with the advice and consent of a majority of Council. Two or more departments may be directed by the same person, and the Administrator may serve as the director of one or more departments in addition to his or her duties as Administrator when so instructed by the Mayor. Department heads may be removed by the Mayor as provided for in this Charter. Under the Administrative Code, Council, by a majority vote, shall give each department head an initial two (2) year contract. After two (2) years, the Mayor shall review the contract of each department head annually and recommend for renewal or for termination thereof. Under this Charter, five of seven Council votes shall be required to reverse the recommendation of the Mayor. If the department head had been formerly covered under the Defiance City Civil Service System, upon removal he or she may revert to his or her former position under the Civil Service System.
The Finance Director shall perform those functions performed by the auditor and treasurer of a city under the general laws of Ohio. He or she shall have the authority to appoint lesser officials of the Department of Finance with the advice and consent of the Mayor.
He or she shall be the fiscal officer of the City, and shall be responsible for the accounting, collection and custody of funds and control over disbursements. He or she shall countersign all bonds and notes issued by the City and perform such other functions as may be assigned by ordinance or order of the Mayor.
The Finance Director shall be a full-time position. At the time of his or her appointment, he or she need not be a resident (elector) of the City, but during his or her tenure of office, he or she is encouraged to become a resident and elector of the City within six (6) months after taking office. (Amended November 5, 2024)
The Director of the Department of Law shall be known as the Law Director. He or she shall be an attorney-at-law, admitted to practice law in the State of Ohio. The Law Director shall perform such duties as may be assigned to the office of the Law Director by law, as well as those imposed by the Administrative Code. He or she shall be the appointing authority for the Department of Law, with the advice and consent of the Mayor.
Beginning January 1, 1986, the Law Director shall become a full-time position. At the time of his or her appointment, he or she need not be a resident (elector) of the City, but during his or her tenure of office, he or she is encouraged to become a resident and elector of the City within six (6) months after taking office.
The Law Director and his or her assistants may not serve as counsels to any school district, county, township or other municipality, political subdivision or local government. He or she may represent the Defiance City School District pursuant to a contract approved by such School District and the City Council, with any compensation under such contract for such services being paid into the City's treasury. (Amended November 5, 2024)
The City Administrator shall direct the Department of Service and Safety. The City Administrator shall be the appointing authority of the Department. Police and Fire Division Heads shall remain under Civil Service due to the nature of their enforcement responsibilities. At the time of his or her appointment, he or she need not be a resident (elector) of the City, but during his or her tenure of office, he or she is encouraged to become a resident and elector of the City within six (6) months after taking office.
(Amended November 8, 1994; November 5, 2024)
When a vacancy occurs in the position or office of Police Chief, Fire Chief, Assistant Police Chief or Assistant Fire Chief of the City of Defiance, Ohio, this Charter permits filling these vacancies from inside and outside the Police or Fire Divisions.
The Civil Service Commission, on the basis of merit and fitness, shall determine the qualifications of each applicant hereunder by administering such written examinations, psychological examinations and evaluations, oral assessments and examinations, and such other examinations, evaluations, and/or screening processes and procedures as said Civil Service Commission deems appropriate and practicable in determining the relative capacity and abilities of the applicants to discharge the duties and responsibilities of the position or office to which they aspire. Thereafter, on the basis of its evaluation and determination, the Civil Service Commission shall certify to the City Administrator the names of not more than three (3) applicants who are eligible to serve in the position or office which is vacant and to which they aspire whom the Civil Service Commission deems best qualified and able to perform the duties and responsibilities of said position.
The City Administrator shall select any candidate certified which, in his or her judgment, would best serve the City. The Police Chief, Fire Chief, Assistant Police Chief and Assistant Fire Chief shall be chosen on the basis of their executive, administrative, and managerial qualifications as judged by the adequacy of their training and successful experience in law enforcement and/or fire protection.
Once a Police Chief, Fire Chief, Assistant Police Chief or Assistant Fire Chief is selected, in all other respects (including the probationary period), they shall remain under Civil Service due to the nature of their enforcement responsibilities.
(Amended November 8, 1994)
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