(b) Qualifications. The Council members shall have been a resident and qualified elector of the Municipality prior to election and shall continue to be a resident and qualified elector of the Municipality throughout the term of office. The Council members shall not hold any other compensated office or position of employment with the Municipality nor any other compensated elected public office.
Every citizen of the United States who is of the age of 18 years or over and who has been a resident of the Municipality at least one (1) year immediately preceding the election at which the citizen offers to vote, and has been registered to vote for at least 30 days, has the qualifications of an elector.
(Amended 11-8-16; 11-2-21.)
(c) Election and Terms of Office. The term of office of members of Council is set at four (4) years, three (3) to be elected at one time and three (3) at another time, two (2) years apart. Commencing at the November, 1977, election, six (6) Council members are to be elected to take office at the first regularly scheduled Council meeting of 1978, with the candidates receiving the first, second, and third greatest number of votes serving four (4) year terms, and the three (3) candidates receiving the fourth, fifth, and sixth largest number of votes serving two (2) year terms.
(d) Compensation; Expenses. It shall be the responsibility of the Council to determine the annual salary of elected officials by ordinance. No member of Council shall benefit from any increase in salary during such member’s current term of office. Any ordinance changing the salary of members of the Council shall be adopted no later than six (6) months prior to any election of Council members. Elected officials shall receive their actual and necessary expenses incurred in the performance of their duties of office.
(e) Organization of Council. In January of each year the Council shall meet and organize. At such organization meeting, or as soon as practicable thereafter, the Council shall elect by a majority vote one (1) Council member as the President of Council and one (1) member of Council as a member of the Planning Commission, to serve for the balance of that year and until a successor shall have been elected unless the individual shall cease in the meantime to be a member of Council.
The President of Council shall have all the powers, duties, functions, obligations and rights of any member of Council and shall perform such other duties as may be imposed by Council.
(f) General Powers and Duties. All powers of the Municipality shall be vested in the Council, except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the Municipality by law.
(g) Prohibitions.
(1) Holding other office. Except where authorized by law, no Council member shall hold any other Municipal office or employment during the term for which the member was elected to the Council, and no former Council member shall hold any compensated appointive Municipal office or employment until one (1) year after the expiration of the term for which the former member was elected to the Council.
(2) Appointments and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any Municipal administrative officers or employees whom the Manager or any of the Manager’s subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees.
(3) Interference with administration. Except for the purpose of inquiries and investigations under subsection 2.02(k), the Council or its members shall deal with Municipal officers and employees who are subject to the direction and supervision of the Manager solely through the Manager and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. No member of Council shall give orders or interfere in the direction of officers or employees subordinate to the Manager.
(h) Vacancies; Forfeiture of Office; Filling of Vacancies.
(1) Vacancies. The office of a Council member shall become vacant upon the member’s death, resignation, removal from office in any manner authorized by law or forfeiture of office.
(2) Forfeiture of Office. A Council member shall forfeit office if the member (a) lacks at any time during the member’s term of office any qualifications for the office prescribed by this Charter or by law, (b) violates any express prohibition of this Charter, (c) is convicted of a crime involving moral turpitude, (d) is convicted of committing a felony, either in this state or any other state, or (e) fails to attend two (2) consecutive regular meetings without being excused by a majority vote of Council based upon the attendance rules established by Council. Failure to comply with the rules may be considered evidence of misfeasance, malfeasance, or nonfeasance.
(3) Judge of Qualifications. The Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for the forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one (1) or more newspapers of general circulation in the Municipality at least one (1) week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the Ohio courts of law. Should the accused Council Member demand a public hearing, said hearing shall be presided over by the Mayor unless the Mayor is the subject to said hearing, at which time said hearing shall be presided over by the President of Council unless both the Mayor and President of Council are subjects of the hearing, in which case the remaining members of Council shall decide by majority which Council Member shall preside over said hearing. Should the remaining members of Council not be able to decide by majority which Council Member shall preside over said hearing, the longest serving member of the remaining members of Council shall preside over said hearing. (Amended 11-6-12)
(4) Filling of vacancies. Should a vacancy in the Council occur, the Council, by a majority vote of all its remaining members shall appoint a qualified resident of the Municipality to fill the vacancy. If there is less than two (2) years remaining in the term of the vacated office, the newly appointed Council member shall retain the office of Council member until the expiration of that term. If two (2) or more years remain in the term of the vacated office, the person appointed shall serve until a person is elected to serve the remainder of the term which will take place at the next regular election following not less than sixty (60) days upon the occurrence of the vacancy. If the majority of the remaining Council members are unable to appoint a qualified resident of the Municipality to fill the vacancy after thirty (30) days, the Mayor shall be empowered to appoint a person to fill the vacancy. Notwithstanding the requirement in subsection 2.02(m)(3) that a quorum of the Council consists of four (4) members, if at any time the membership of the Council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four.
(i) Editor’s Note: Former subsection (i) was deleted by the voters on November 7, 2006.
(j) Clerk of Council. A Clerk of Council shall be appointed by the Council, and shall serve at the pleasure of the Council. The Clerk of Council shall give notice of Council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the Clerk by this Charter or by the Council.
(k) Investigations. The Council may make investigations into the affairs of the Municipality and the conduct of any Municipal department, board or commission, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars ($500.00), and if such person is an employee of the Municipality, such refusal shall be grounds for dismissal.
(l) Independent Audit. The Council may provide for an independent audit of any or all Municipal accounts. Such audits shall be made by a CPA or a firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the Municipal government or any of its officers, or by the Auditor’s office of the State of Ohio.
(m) Procedure.
(1) Meetings. The Council shall meet regularly at least once every month at such times and places as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of three (3) or more members and, whenever practicable, upon no less than twenty-four (24) hours notice to each member. All meetings shall be in compliance with the Ohio Revised Code.
(2) Rules and journal. The Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record.
(3) Voting. Voting shall be by roll call and the ayes and nays shall be recorded in the journal. Four (4) members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the preceding sentence and in subsection 2.02
(h)(4), shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council.
(4) Ordinances, resolutions and motions. Action undertaken by Council shall be by ordinance, resolution or motion. Ordinance shall be the enactments of the Council establishing permanent rules of conduct or of government. Resolutions shall be orders of the Council dealing with a specific matter of a temporary nature which expresses the policy of the Council regarding such matter and which do not establish permanent or general legislation. Motions shall be used to expedite and control the deliberations of the legislative authority in the transaction of business.
(Amended 11-6-01.)