§8.05   PARKS AND RECREATION BOARD.

   (A)   There is hereby created a Parks and Recreation Board consisting of seven members to be appointed as follows:

(1)   Five members shall be electors of the City and shall be appointed for overlapping three year terms of office by a majority vote of the members of the Council, provided that the terms of no more than two of such five members shall be for the same three year period and provided further that Council shall appoint at least one elector from each ward of the City from among such five members. (Amended 11-3-98)

(2)   One member shall be appointed by a majority vote of the members of Council from among its membership to serve at the pleasure of the Council, and such member may be removed from membership on the Board, without cause, by a majority vote of the members of the Council;

(3)   One member shall be appointed by the Board of Education of the Fairfield City School District, by a majority vote of its members, to serve at the pleasure of the Board of Education, and such member may be removed from membership on the Board, without cause, by a majority vote of the members of the Board of Education. Any member of the Board of Education or officer or employee of the School District may be appointed as such member of the Parks and Recreation Board. In the event such Board of Education shall fail to appoint such member within thirty days after this Charter takes effect or a vacancy in such member's office, the Mayor shall appoint a person to serve for one year after which such Board of Education shall appoint the member.

   (B)   Except as may be otherwise provided in this article and Charter, the Parks and Recreation Board shall have the following powers, duties and functions:

(1)   To determine the programs and activities of the City regarding parks and recreation. Such programs and activities and the Department of Parks and Recreation shall be administered, operated, maintained, directed, controlled and supervised by the City Manager;

(2)   The compensation and the number of employees provided for Park and Recreation programs and activities shall be determined by the Council. Upon authorization of the City Manager, employees provided for Park and Recreation programs and activities may be utilized to perform work for the other departments, or sub-units thereof, and boards and commissions of the City;

(3)   The appointment and/or promotion of the Director and Assistant Director of the Department of Parks and Recreation by the City Manager shall be subject to the prior approval of the Parks and Recreation Board.

(4)   To recommend to the Council that the Council submit additional tax levies and bond issues to a vote of the electors to provide for current operating expenses and permanent improvements for parks and recreation purposes. This division shall not limit or expand the Council's power to levy taxes or to issue bonds for parks or recreation purposes;

(5)   To authorize expenditures of moneys and the awarding of contracts for the operation and maintenance of the City's parks and recreation programs as provided by Section 9.02 of this Charter;

(6)   When the City owns or is trustee of property or funds donated to the City for park purposes, such property or funds shall be managed and administered, on behalf of the City, by the Parks and Recreation Board in accordance with the provisions and conditions of the deed of gift, devise, bequest or other instrument making the donation or creating the trust; and the Board shall have, in addition to powers granted by this Charter and the City's ordinances and resolutions, the powers granted to boards of park trustees under Section 755.22 of the Revised Code of Ohio, as it may be amended from time to time, or any successor statute to that Section, to the extent such statutory powers are not in conflict with and are consistent with this Charter;

(7)   To adopt rules and regulations and systems of streets, boulevards, or parkways as the Board believes to be in the best interest of the efficient and orderly use and operation of the City's parks and recreation areas. Such rules and regulations shall be adopted in the same form and manner provided by this Charter for the adoption of ordinances and resolutions by the Council and shall be effective as an ordinance of the City. Copies of such rules and regulations and the proceedings of the Board relative to their adoption shall be filed with and maintained by the Clerk of Council;

(8)   Property under the control of the Board shall not be transferred, or used for any but park or recreation purposes except with the consent of the Board. The Board shall have all other powers conferred upon boards of park commissioners by general laws which are not in conflict with this Charter, but Council may modify such laws and may designate boulevards, streets and highways in the parks and parkways as part of the public street and road system of the City, and give to the City Manager supervision over the construction, repair and maintenance thereof. Such action shall be by ordinance which, unless it is approved by the Board of Park Commissioners, shall require a vote of three-fourths of the members elected to the Council;

(9)   To perform such other powers, duties and functions as conferred on the Board under this Charter or by the ordinances and resolutions of the City.

   (C)   The Director of Law shall be the legal advisor to the Board, the Director of Finance shall be the chief fiscal officer of the Board, as provided in the provisions of this Charter specifying the powers, duties and functions of the Directors of Law and Finance. The City Manager shall function as, or designate another administrative officer or employee of the City to serve as liaison and coordinator between the Board and the City's other departments or sub-units thereof, boards and commissions. (Amended 6-8-82; 11-6-84; 8-8-88; 11-2-93.)