An officer or employee of the Municipality who has a substantial financial interest, whether direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the Municipality, or in the sale of any land, material, supplies or services to the Municipality, or to a contractor supplying the Municipality, shall make such interest known in a writing filed with the Clerk of Council and shall refrain from voting upon or otherwise participating in his capacity as Municipal officer or employee in the making of such sale or in the making or performance of such contract.
Any officer or employee of the Municipality who willfully conceals such a substantial financial interest or willfully violates the requirements of this section shall be guilty of malfeasance in the officer's or employee's office or position and shall forfeit such office or position upon the conviction thereof by an affirmative vote of five (5) of the members of the Council. The accused officer or employee shall be notified in writing of the charge against that individual 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 officer or employee 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 officer or employee and shall have the power to administer oaths. Upon the required vote to remove such officer or employee that officer or employee shall forfeit the office or the position of employment held and such office or position shall become vacant and shall be filled in the manner provided by this Charter. Any person removed from office or employment under this section shall not be eligible to become a candidate for or hold any office in or employment with the Municipality for a period of five (5) years after removal. A member of Council accused of malfeasance under this section shall not vote upon the question of that member's removal, and the vote required for removal of such member shall be two-thirds (2/3) of the remaining members of the Council.
In the event an administrative officer or employee of the Municipality is prevented from participating in any sale or contract by this section and this Charter or the ordinances of the Municipality require action by the person holding the position to effect such sale or contract, or the performance thereof, the Council, by motion, may designate another officer or employee of the Municipality to act in the individual's place in order to effect such sale or contract, or the performance thereof.
Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the Municipality shall render the contract or sale of voidable by the Council.
It is intended by this Charter Commission and the electors of the Municipality, by their approval of this Charter, that this Charter shall be the only limitation upon the financial interest of officers and employees of the Municipality in contracts with and expenditures by the Municipality, and that the general laws of the State of Ohio, whether pertaining to removal from and forfeiture of office, criminal offenses, or other related matters, shall not be applicable to officers and employees of the Municipality.
(Amended 11-6-01.)