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a. Activities Prohibited.
1. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of race, age, color, sex, sexual identification or orientation, religious opinions or affiliations, national origin or ancestry, disability, genetic information, citizenship, or veteran status.
2. No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.
3. No person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion.
4. No person who holds any compensated appointive or elective City position shall solicit or receive any contribution to the campaign funds of any political party or any candidate for public office, from any employee of the City.
b. Penalties. Any person who by himself or with others willfully violates any of the provisions of paragraphs (1) through (3) shall be guilty of a misdemeanor and shall be subject to such penalties as provided by ordinance of Council.
Any person convicted under this section shall be ineligible for a period of five years thereafter to hold any office or position with the City, and, if an officer or employee of the City, shall immediately forfeit his office or position.
(Amended 11-8-22)
In January 1970, and in January of each tenth year thereafter, the Council shall appoint five qualified electors of the City holding no other office, appointment or employment in the government of the City, as members of a Charter Review Commission. Such Commission shall review the Charter of the City and within one year after such appointment, recommend to Council such alterations, revisions, and amendments, if any, to this Charter, as in its judgment are desirable. After consideration of the recommendations of the Charter Review Commission the Council may submit all or any of such proposed alterations, revisions, or amendments to this Charter in the manner provided by Article XVIII, Section 9, of the Constitution of Ohio. The members appointed to the Charter Review Commission shall serve without compensation. Meetings of the Charter Review Commission shall be open to the public.
In addition to the causes contained in Sec. 3.02 of this Charter, the Council may remove any member of Council for gross misconduct, malfeasance, misfeasance or nonfeasance in office, judicial declaration of incompetency, willful violation of this Charter or persistent and willful failure to abide by the rules of the Council; provided that such removal shall not take place without the affirmative vote of three-fourths of the remaining members of Council, nor until the accused member shall have been notified in writing of the charge against him and given an opportunity to be heard in person or by legal counsel. Such hearing shall be open to the public. The Council and the accused member shall have the power to subpoena witnesses and the production of evidence. The Clerk of Council shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused member, and shall have the power to administer oaths. An accused member of Council shall not vote on the question of his removal.
The Council may remove the Mayor, City Law Director, City Finance Director, or any other electee officer of the City for gross misconduct, malfeasance, misfeasance, or nonfeasance in office, final conviction of a felony involving moral turpitude, judicial declaration of incompetency, or willful violation of this Charter; provided that such removal shall not take place without the affirmative vote of three- fourths of the members of Council, nor until the accused official shall have been notified in writing of the charge against him and given an opportunity to be heard in person or by legal counsel. Such hearing shall be open to the public. The Council and the accused official shall have the power to subpoena witnesses and the production of evidence. The Clerk of Council shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused official, and shall have the power to administer oaths.
Upon the required vote to remove a member of Council, the Mayor, City Law Director, City Finance Director, or any other elected official as provided by this section of this Charter, such member, Mayor, City Law Director, City Finance Director, or other elected official shall forfeit his office and such office shall become vacant and shall be filled in the manner provided by this Charter. Any person removed from office under this section of this Charter shall not be eligible to become a candidate for or hold any elective office of the City for a period of five years after his removal.
(Amended 5-8-01; 11-6-12)
The Council may remove any member of the Planning Commission, Board of Zoning Appeals, Park and Recreation Board, and Civil Service Commission for gross misconduct, malfeasance, misfeasance, or nonfeasance in office, final conviction of a felony involving moral turpitude, judicial declaration of incompetency, or willful violation of this Charter; provided that such removal shall not take place without the affirmative vote of three-fourths of the members of Council, nor until the accused official shall have been notified in writing of the charge against him and given an opportunity to be heard in person or by legal counsel. Such hearing shall be open to the public. The Council and the accused official shall have the power to subpoena witnesses and the production of evidence. The Clerk of Council shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused official, and shall have the power to administer oaths.
Upon the required vote to remove a member of the Planning Commission, Board of Zoning Appeals, Park and Recreation Board and Civil Service Commission, as provided by this section of this Charter, such member shall forfeit his office and such office shall become vacant and shall be filled in the manner provided by the Charter. Any person removed from office under this section of this Charter shall not be eligible to hold any office of the City for a period of five years after his removal.
The laws of the State of Ohio relative to the retirement of officers and employees of the City shall be applicable under this Charter and the retirement of officers and employees of the City shall be governed by the laws of the State of Ohio, except that the Council may provide by ordinance such mandatory retirement ages as it deems in the best interest of the City.
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