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The Municipal Attorney shall be the head of the Department of Law. He shall be appointed by a majority vote of the Council, and shall serve at the pleasure of the Council and may be removed by a majority vote of the Council. The Municipal Attorney must be admitted to the practice of law in the State of Ohio and shall be a resident of the Municipality, unless residence outside the Municipality is approved by a majority vote of the members of the Council.
The Municipal Attorney shall be the legal advisor, attorney, and counsel for the Municipality, and for all offices, departments, divisions, bureaus, boards, commissions and bodies of the Municipality in connection with Municipal affairs; and subject to the direction of the Council, shall represent the Municipality in all such other duties consistent with his office, as may be required by this Charter, by ordinance or resolution of the Council, or by the laws of the State of Ohio. The Municipal Attorney shall be the prosecuting attorney on behalf of the Municipality and shall prosecute cases brought before Courts of competent jurisdiction. He shall be responsible for the preparation of all contracts and other writings in which the Municipality is concerned and shall endorse on each his approval as to the form thereof. Upon the authorization of the Council, he shall defend all actions against officials and employees of the Municipality in either their official or individual capacities. When requested by a member of Council, including the Mayor, the Manager, the chairman of any board or commission, or the head of any department or division, he shall give his written opinion on the question or request made, or his advice on any matter contained in such request.
The Council may provide for such assistants and special counsel to the Municipal Attorney as shall be deemed advisable. All assistants shall be responsible to the Municipal Attorney, and when authorized by him, may exercise all or any part of the powers and duties granted to the Municipal Attorney under this section. Special counsel may be selected by the Council or the Municipal Attorney, as determined by the Council; and such special counsel may perform those powers and functions as authorized by and in the manner provided by the Council.
The Manager shall serve as the Director of Finance unless the Council shall, by a majority vote of its members, create the separate office of Director of Finance. If such separate office is created by the Council, the Director of Finance shall be appointed by the Manager, with the approval of Council, and he shall serve at the pleasure of Council.
He may hold any other administrative office or position of employment with the Municipality, except he shall not act as Municipal Attorney.
If such office is created, the Finance Director shall be the head of the Department of Finance. He shall be qualified by training or experience to discharge the duties as the head of the Department of Finance in a capable manner.
The Manager may designate an officer or employee of the Municipality who, during the absence or disability of, or during a vacancy in the office of, the Director of Finance, shall exercise the powers and discharge the duties and functions of the Director of Finance under the title of Acting Finance Director. Such designation may be revoked by the Manager at any time.
The Director of Finance shall be the fiscal officer of the Municipality. He shall keep the financial records of the Municipality, exhibiting accurate statements of all moneys received and expended, of all property owned by the Municipality and of all taxes and assessments. He shall advise the Manager and the Council concerning the financial condition of the Municipality, and shall examine all payrolls, bills and other claims against the Municipality and shall issue no warrants unless he finds that the claim is in proper form, correctly computed, duly approved and that an appropriation has been made therefor. He shall collect all money due and payable to the Municipality and shall be the custodian of all public money of the Municipality and shall disburse the same as may be required by law or ordinance. He shall render statements to and receive payments from the customers of the utilities operated by the Municipality, and shall administer and collect all taxes levied by the Municipality, except those taxes where the laws of the State of Ohio require a County or State official to administer and collect the tax. This section shall not be construed to prevent the Council from entering into or authorizing contracts with other municipal corporations, the State of Ohio or its political subdivisions, or private persons, firms or corporations, for the rendering of statements to and receipt of payments from customers of utilities operated by the Municipality or for the administration and collection of taxes. He shall examine and audit the accounts of all other officers, employers, departments, boards and commissions, and shall assist the Manager in the preparation and submission of appropriation measures, estimates, budgets and other financial matters. He shall have sole authority to invest any moneys of the City in investments authorized by Chapter 135 and Section 731.56 of the Ohio Revised Code, or such investments authorized by Council. He shall perform all other duties now or hereafter imposed on city auditors and treasurers under the laws of the State of Ohio and shall perform such other duties, consistent with his office, as may be required by this Charter, by ordinance or resolution of Council or as directed by the Manager.
The Director of Finance shall prepare annual financial and other reports required by law and shall make periodic reports concerning appropriations, encumbrances and expenditures of the departments, divisions, boards and commissions as may be required by the Council or the Manager. He shall submit to the Council or the Manager, and make available to the public, a complete report on the finances of the Municipality as of the end of each fiscal year.
The Manager shall serve as the head of the Department of Public Service, unless the Council shall, by a majority vote of its members, create the position of Service Director. If such position is created the Service Director shall be appointed by and serve at the pleasure of the Manager. The Service Director may hold any other administrative office or position of employment with the Municipality, except he shall not act as the Municipal Attorney. If a separate position of Service Director is created by the Council, such separate position may be abolished by a majority vote of the members of the Council, in which event the Manager shall become the Service Director until such time as the Council shall again create such a separate position in the manner hereinbefore provided. The Service Director, or the Manager if the separate position of Service Director has not been created, shall direct and supervise the work, administration and services provided by all divisions, offices, bureaus or agencies within the Department of Public Service.
The following divisions are established under the Department of Public Service:
a. Division of Water and Sewer to be headed by a superintendent.
b. Division of Streets, Cemeteries and Parks to be headed by a superintendent.
c. Such other divisions or bureaus as may be authorized by the Council by ordinance.
One person may serve as the head of any number of divisions.
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