§12.02   EFFECT OF CHARTER ON EXISTING OFFICES.

   (A)   The persons elected to the offices of members of Council at the November 1979 municipal election shall serve as the members of Council under this Charter with the powers, duties and functions as provided in this Charter.

   (B)   The person elected as the Mayor at the November 1979 municipal election shall serve as the Mayor under this Charter with the powers, duties and functions as provided in this Charter.

   (C)   Subsection (C) hereof was repealed pursuant to a special election held on June 8, 1982.

   (D)   The offices of member of Council, the Mayor and the City Auditor existing under the general statutory plan of government for the City are hereby abolished effective as of January 1, 1980. On and after the effective date of this Charter, January 1, 1980, the offices of member of Council and Mayor shall exist as provided for in this Charter. The office of City Auditor shall exist until the last day of November, 1983 and shall be abolished effective as of December 1, 1983. (6-8-82)

   (E)   Any other provisions of this Charter notwithstanding:

(1)   The terms of office of the Mayor and members of Council elected at the November, 1995 regular municipal election shall end on the last day of December, 1997.

(2)   The four members of Council elected from wards or districts of the City shall be elected to two year terms of office at the November, 1997 regular municipal election and commencing with the November, 1999 regular municipal election and thereafter shall be elected to four year terms of office at the regular November municipal election every fourth year.

(3)   The Mayor and members of Council elected from the City at large shall be elected to four year terms of office commencing with the November, 1997 regular municipal election and thereafter shall be elected to four year terms of office at the regular November municipal election every fourth year.

(4)   A person who was elected to the office of Mayor or member of Council at the November, 1995 or November, 1997 regular municipal election may continue to be elected to consecutive terms for the same office as Mayor or member of Council for additional two or four year terms so long as the total consecutive years of such terms in the same office do not exceed eight if the person's most recent term would end at eight consecutive years or ten if the person's most recent term would end at ten consecutive years. A person who was elected to the office of Mayor or member of Council at the November, 1995 regular municipal election may also continue to be elected to additional consecutive terms as the Mayor or a member of Council in combination, provided that using January 1, 1998 as the beginning date, the additional consecutive years of such terms do not exceed eight if the person's most recent term would end at eight consecutive years or ten if the person's most recent term would end at ten consecutive years, and provided further that no person may at any time be elected to terms exceeding eight or ten consecutive years to the same office as Mayor or member of Council as stated above. For purposes of this section, member of Council includes both City at large and ward or district members of Council. The December, 1997 extension of the terms of office of the Mayor and members of Council shall not be included in the calculation of the eight or ten consecutive year period, whichever is applicable under this section, but shall not constitute an interruption of such applicable consecutive year period.
(Amended 11-5-96)

   (F)   The person who holds the office of Treasurer under the general statutory plan of government for the City on the effective date of this Charter shall continue in office until the last day of December, 1981, and shall continue to exercise the powers, duties and functions of a city treasurer under the general laws of Ohio applicable to the general statutory plan of government for cities in Ohio during such period. If the office of Treasurer of the City shall become vacant, for any reason, during such period, the office of Treasurer shall be abolished upon a declaration of the vacancy by a vote of a majority of the members of the Council. In any event, the office of Treasurer shall be and is hereby abolished effective December 31, 1981. While such Treasurer's office remains in effect for the period commencing on the effective date of this Charter and ending on the last day of December, 1981, unless sooner terminated by a vacancy, the Director of Finance shall not exercise the powers, duties and functions of the office of Treasurer. Upon the abolition of the office of Treasurer, as provided in this Division, the Director of Finance shall exercise the powers, duties and functions of the Treasurer as provided by Division (C) of Section 7.02 of this Charter.

   (G)    The offices of President of the legislative authority and City Director of Law existing under the general statutory plan of government for the City are hereby abolished effective as of January 1, 1980.

   (H)    The offices of Director of Public Service and Director of Public Safety, or any combined office of Director of Public Service and Safety, existing under the general statutory plan of government for the City are hereby abolished effective as of January 1, 1980; provided the person holding the statutory office of Director of Public Service immediately prior to the effective date of this Charter is hereby designated to serve as the Acting City Manager under this Charter until the Council shall appoint a City Manager or an Acting City Manager as provided in Sections 6.01(A) or 6.04(A) of this Charter.

   (I)    The Planning Commission existing under the general statutory plan of government for the City shall be abolished upon the appointment of citizen members of the Planning Commission, created by this Charter, by the Council pursuant to Division (A)(4) of Section 8.01 of this Charter. Until the Planning Commission under the statutory plan of government is so abolished, it shall exercise the powers, duties and functions conferred by this Charter upon the Planning Commission created by Division (A) of Section 8.01 of this Charter. Upon the abolition of the planning commission under the statutory plan of government, the terms of office of its members shall terminate.

   (J)   Any Board of Zoning Appeals existing under the general statutory plan of government for the City shall be abolished upon the appointment of citizen members of the Board of Zoning Appeals, created by this Charter, by the Council pursuant to Division (A)(3) of Section 8.02 of this Charter. Until any Board of Zoning Appeals under the statutory plan of government is so abolished, it shall exercise the powers, duties and functions conferred by this Charter upon the Board of Zoning Appeals created by Division (A) of Section 8.02 of this Charter. Upon the abolition of any Board of Zoning Appeals under the statutory plan of government, the terms of office of its members shall terminate.

   (K)    Any Board of Building Appeals existing under the general statutory plan of government for the City shall be abolished upon the appointment of members of the Board of Building Appeals, created by this Charter, by the City Manager and the confirmation of a majority of such appointments by the Council, pursuant to Division (A) of Section 8.03 of this Charter. Until any Board of Building Appeals under the statutory plan of government is so abolished, it shall exercise the powers, duties and functions conferred by this Charter upon the Board of Building Appeals created by Division (A) of Section 8.03 of this Charter. Upon the abolition of any Board of Building Appeals under the statutory plan of government, the terms of office of its members shall terminate.

   (L)    The Civil Service Commission existing under the general statutory plan of government for the City shall be abolished upon the appointment of the members of the Civil Service Commission, created by this Charter, by the Council pursuant to Division (A) of Section 8.04 of this Charter. Until the Civil Service Commission under the statutory plan of government is so abolished, it shall exercise the powers, duties and functions conferred by this Charter upon the Civil Service Commission created by Division (A) of Section 8.04 of this Charter. Upon the abolition of the Civil Service Commission under the statutory plan of government, the terms of office of its members shall terminate.

   (M)    Any board or commission established pursuant to Chapter 755 of the Revised Code of Ohio existing under the general statutory plan of government for the City shall be abolished upon the appointment of citizen members of the Parks and Recreation Board, created by this Charter, by the Council pursuant to Division (A)(1) of Section 8.05 of this Charter. Until any such board or commission under the statutory plan of government is so abolished, it shall exercise the powers, duties and functions conferred by this Charmer upon the Parks and Recreation Board created by Division (A) of Section 8.05 of this Charter. Upon the abolition of any such board or commission under the statutory plan of government, the terms of office of its members shall terminate.

   (N)    Any other board or commission, not mentioned in Division (I), (J), (K), (L) or (M) of this section, existing under the general statutory plan of government for the City, shall continue in existence with its existing powers, duties and functions under the laws of Ohio and/or the ordinances and resolutions of the City until it shall be changed or abolished pursuant to Section 8.07 of this Charter.

   (O)    Except as otherwise provided by this Charter, all person holding office at the time this Charter takes effect shall continue in office and in the performance of their duties until other provisions have been made in accordance with this Charter for the performance or discontinuance of the duties of the office. When that provision shall have been made, the term of any officer shall expire and the office shall be abolished. The powers conferred and the duties imposed upon any officer, body, commission, board, department or division of the City under the laws of Ohio or under any Municipal ordinance, resolution or contract in force at the time this Charter takes effect, if the office, body, commission, board, department or division is abolished by this Charter, shall be thereafter exercised and discharged by those upon whom are imposed corresponding functions, powers and duties by this Charter or by any ordinance or resolution of Council thereafter enacted. (6-8-82; 11-5-96)