(a) The President of the Council is a separately elected position with a two-year term. A four year term may be authorized by a vote of the electors. He or she must be an elector of the City, and shall preside at all regular and special Council meetings, but shall have no vote, except in the case of a tie. Sec. 733.09, R.C. Under the statutory plan, the President of Council is a part of the executive branch of the City. Sec. 733.01, R.C. Vacancies in this office are filled as provided in Section 733.31(D), R.C. When the Mayor is absent from the City, or unable to perform his duties for any cause, the President of Council is the Acting Mayor and while acting as Mayor shall not serve as president of the legislative authority. Sec. 733.07, R.C. While acting as Mayor, he or she is vested with all powers and duties of the Mayor. Migliozzi v. Girard, 57 Ohio Op. 328.
(b) Under Sections 731.04 and 733.09, R.C., a President of a City Council has the power to vote on in case of any tie which includes the right to vote in the event of a tie in the election of the Clerk of Council. State ex. rel. Roberts v. Snyder, Auditor, 149 Ohio St. 333, 37 O.O. 34 (1948). The president pro tempore of a statutory plan City Council presides in the absence of the President of Council, and the president pro tempore may vote on all matters coming before Council, but he or she may not vote again in the case of a tie. 1962 O.A.G. No. 3203.
(Ord. 1999-18. Passed 5-10-99.)
(Ord. 1999-18. Passed 5-10-99.)