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(A) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
POLITICAL SUBDIVISION. The same meaning as in R.C. § 2743.01.
VOLUNTEER. A person who is not paid for service or who is employed on less than a permanent full-time basis.
(B) Except as otherwise provided in division (C) of this section, no political subdivision shall require any of its employees, as a condition of employment, to reside in any specific area of the state.
(C) (1) Division (B) of this section does not apply to a volunteer.
(2) To ensure adequate response times by certain employees of political subdivisions to emergencies or disasters while ensuring that those employees generally are free to reside throughout the state, the electors of any political subdivision may file an initiative petition to submit a local law to the electorate, or the legislative authority may adopt an ordinance or resolution, that requires any individual employed by that political subdivision, as a condition of employment, to reside either in the county where the political subdivision is located or in any adjacent county in this state. For purposes of this section, an initiative petition shall be filed and considered as provided in R.C. §§ 731.28 and 731.31, except that the Fiscal Officer of the political subdivision shall take the actions prescribed for the Auditor or Fiscal Officer if the political subdivision has no Auditor or Fiscal Officer, and except that references to a municipal corporation shall be considered to be references to the applicable political subdivision.
(D) Except as otherwise provided in division (C), employees of political subdivisions of this state have the right to reside any place they desire.
(R.C. § 9.481)
(A) All compensation due village employees and elected officials shall be paid only by way of direct deposit.
(B) All village employees and elected officials must timely submit required documentation to the Fiscal Officer prior to their first day of employment or term.
(C) Any current village employee or current elected official who fails to timely submit the required documentation to the Fiscal Officer shall be subject to progressive discipline for cause, up to and including removal, as per O.A.C. § 123:1-35-05. Failure to comply with this section by any current or future village employee or elected official shall cause disciplinary actions in accordance with R.C. § 124.34. The same code applies to all future village employees and future elected officials who fail to timely submit required documentation prior to their first day of employment or term.
(Ord. 2023-3, passed 11-27-2023)
VILLAGE OFFICERS
(A) Term; qualifications; powers. The Mayor shall be elected for a term of four years commencing on the first day of January next after his or her election. He or she shall be an elector of the municipality and shall have resided in the municipality for at least one year immediately preceding his or her election. He or she shall be the chief conservator of the peace within the municipality and shall have the powers and duties provided by law. He or she shall be the President of the Council and shall preside at all regular and special meetings thereof, but shall have no vote except in case of a tie.
(R.C. § 733.24)
(B) Vacancy. When the Mayor is absent from the municipality or is unable for any cause to perform his or her duties, the President Pro Tempore of the Council shall be acting Mayor. In case of the death, resignation, or removal of the Mayor, the President Pro Tempore shall become the Mayor and shall hold office until his or her successor is elected and qualified. The successor shall be elected to the office for the unexpired term at the first regular municipal election that occurs more than 40 days after the vacancy has occurred, except that when the unexpired term ends within one year immediately following the date of the election, an election to fill the unexpired term shall not be held, and the President of the Council shall hold the office for the unexpired term.
(R.C. § 733.25)
(C) General duties. The Mayor shall perform all the duties prescribed by the bylaws and ordinances of the municipality. He or she shall see that all ordinances, bylaws, and resolutions of the Council are faithfully obeyed and enforced. He or she shall sign all commissions, licenses, and permits granted by the Council, or authorized by Title VII of the Ohio Revised Code, and such other instruments as by law or ordinance require his or her certificate.
(R.C. § 733.30)
(D) Communications to Council. The Mayor shall communicate to the Council from time to time a statement of the finances of the municipality and other information relating thereto, and the general condition of the affairs of the municipality as he or she deems proper, or as is required by the Council.
(R.C. § 733.32)
(E) Protest against excess of expenditures. If, in the opinion of the Mayor, an expenditure authorized by the Council exceeds the revenues of the municipality for the current year, he or she shall protest against the expenditure and enter the protest, and the reason therefor, on the journal of the Council.
(R.C. § 733.33)
(F) Supervision of conduct of officers. The Mayor shall supervise the conduct of all the officers of the municipality, inquire into and examine the grounds of all reasonable complaints against any officers, and cause their violations or neglect of duty to be punished promptly or reported to the proper authority for correction.
(R.C. § 733.34)
(G) Charges against delinquent officers. The Mayor shall have general supervision over each department and the officers provided for in Title VII of the Ohio Revised Code. When the Mayor has reason to believe that the head of a department or an officer has been guilty, in the performance of his or her official duty, of bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality, or habitual drunkenness, he or she shall immediately file with the Council, except when the removal of the head of the department or officer is otherwise provided for, written charges against the person, setting forth in detail a statement of alleged guilt, and, at the same time, or as soon thereafter as possible, serve a true copy of the charges upon the person against whom they are made. Service may be made on the person or by leaving a copy of the charges at the office of the person. Return thereof shall be made to the Council, as is provided for the return of the service of summons in a civil action.
(R.C. § 733.35)
(H) Hearing of charges; action of Council. Charges filed with Council under division (G) of this section shall be heard at the next regular meeting thereof, unless Council extends the time for the hearing, which shall be done only on the application of the accused. The accused may appear in person and by counsel, examine all witnesses, and answer all charges against him or her. The judgment or action of Council shall be final, but to remove the officer, the votes of two-thirds of all members elected thereto shall be required.
(R.C. § 733.36)
(I) Suspension of accused pending hearing. Pending any proceedings under divisions (G) and (H) of this section, an accused person may be suspended by a majority vote of all members elected to Council, but the suspension shall not be for a longer period than 15 days, unless the hearing of the charges is extended upon the application of the accused, in which event the suspension shall not exceed 30 days.
(R.C. § 733.37)
(J) Power of Council as to process. For the purpose of investigating charges filed pursuant to division (G) of this section against the head of any department or officer, Council may issue subpoenas or compulsory process to compel the attendance of persons and the production of books and papers before it, and Council may provide by ordinance for exercising and enforcing this section.
(R.C. § 733.38)
(K) Oaths; compulsory testimony; costs. In all cases in which the attendance of witnesses may be compelled for an investigation under division (J) of this section, any member of Council may administer the requisite oaths, and Council has the same power to compel the giving of testimony by attending witnesses as is conferred upon courts. In all such cases, witnesses shall be entitled to the same privileges and immunities as are allowed witnesses in civil cases. Witnesses shall be paid the same fees and mileage provided for under R.C. § 1901.26, and the costs of all the proceedings shall be payable from the General Fund of the municipality.
(R.C. § 733.39)
(L) Disposition of fines and other moneys.
(1) Except as otherwise provided in R.C. § 4511.193, all fines, forfeitures, and costs in ordinance cases and all fees that are collected by the Mayor, that in any manner come into the Mayor’s hands, or that are due the Mayor or other officer of the municipality, any other fees and expenses that have been advanced out of the treasury of the municipality, and all money received by the Mayor for the use of the municipality shall be paid by the Mayor into the treasury of the municipality on the first Monday of each month. At the first regular meeting of the legislative authority each month, the Mayor shall submit a full statement of all money received, from whom and for what purposes received, and when paid into the treasury. Except as otherwise provided by R.C. § 307.515 or 4511.19, all fines and forfeitures collected by the Mayor in state cases, together with all fees and expenses collected that have been advanced out of the county treasury, shall be paid by the Mayor to the county treasury on the first business day of each month. Except as otherwise provided by R.C. § 307.515 or 4511.19, the Mayor shall pay all court costs and fees collected by the Mayor in state cases into the municipal treasury on the first business day of each month.
(2) This section does not apply to fines collected by the Mayor’s Court for violations of R.C. § 4513.263(B), or any substantially equivalent municipal ordinance, all of which shall be forwarded to the Treasurer of State as provided in R.C. § 4513.263(E).
(R.C. § 733.40)
(M) Annual report to Council. At the first regular meeting in January of each year, and at other times as the Mayor deems expedient, he or she shall report to the Council concerning the affairs of the municipality, and recommend such measures as seem proper to him or her.
(R.C. § 733.41)
(A) Appointment; removal; abolishment of position.
(1) In accordance with R.C. § 735.271, there is hereby created the position of Village Administrator for the village.
(2) The Village Administrator shall have those powers, duties, and functions as provided by the laws of the state, as set forth in the Ohio Revised Code, as set forth in R.C. § 735.273.
(3) The Village Administrator’s term of service and appointment shall all be as set forth in R.C. § 735.271.
(Prior Code, § 234.01)
(B) Abolishment and re-establishment of Board of Trustees of Public Affairs.
(1) Upon the establishment of the position of Village Administrator, his or her appointment by the Mayor and confirmation by Council, as provided by division (A) above, the Board of Trustees of Public Affairs, if such a Board has been created, shall be abolished and the term of office of members of the Board shall terminate. All contracts entered into by the Board and rules and regulations promulgated and other action taken by the Board shall continue in effect until they have terminated of their own accord or until they have been modified, changed, revised, amended, or repealed in the manner provided by law.
(2) If Council abolishes the position of Village Administrator, as provided by division (A) above, a Board of Trustees of Public Affairs shall be established by operation of law and the Mayor shall appoint three members of the Board, subject to the confirmation of Council, who shall serve until the successors of the appointed members have been elected at the next regular election of municipal officers held in the municipality occurring more than 100 days after the appointment of such members by the Mayor. The Board shall have those powers and duties as otherwise provided by law.
(R.C. § 735.272)
(C) Powers and duties of Village Administrator.
(1) The Administrator shall manage, conduct, and control the water works, electric light plants, artificial or natural gas plants, or other similar public utilities, furnish supplies of water, electricity, or gas, and collect all water, electric, and gas rents.
(2) The Administrator may make such bylaws and regulations as it deems necessary for the safe, economical and efficient management and protection of the works, plants, and public utilities. Such bylaws and regulations, when not repugnant to municipal ordinances and resolutions or to the Ohio Constitution, shall have the same validity of ordinances.
(3) The rates for service and charges for municipally owned utilities shall be determined by the Council.
(4) The Administrator shall have the same powers or perform the same duties as are provided in R.C. §§ 743.05 to 743.07, 743.10, 743.11, 743.18, and 743.24, and all the powers and duties relating to water works in any such sections shall extend to and include electric light, power, gas plants, and other similar public utilities.
(5) The Administrator shall supervise the improvement and repair of streets, avenues, alleys, lands, lanes, squares, landings, market houses, bridges, viaducts, sidewalks, sewers, drains, ditches, culverts, streams, and watercourses as well as lighting, sprinkling, and cleaning of all streets, alleys, and public buildings and places.
(6) The Administrator shall appoint officers, employees, agents, clerks, and assistants, provided the positions are first authorized by the Council, but the appointments shall be subject to approval by the Mayor. The appointments and the Mayor’s approval shall be in writing, and shall be filed with the Fiscal Officer.
(7) The Administrator shall be under the general supervision and control of the Mayor, and shall have such other powers and duties as are prescribed by ordinance or by law and which are not inconsistent herewith. The Administrator shall perform all duties and shall have all powers of Boards of Public Affairs and Street Commissioners as prescribed by law, except as otherwise provided by divisions (A) and (B) above.
(R.C. § 735.273)
(D) Designee for training. The Village Administrator is hereby appointed the designee for the Mayor and Council members of the village to obtain the required three hours training required by House Bill 9 (Ohio’s Open Record Law).
(Prior Code, § 234.03(h))
(E) Authority to reside outside village. The Village Administrator is hereby authorized to live outside of the corporate limits of the village until such time as the Council otherwise provides.
(Prior Code, § 234.04)
(Ord. 78-3, passed 6-26-1978; Ord. 78-5, passed 6-26-1978; Ord. 2007-7, passed 11-27-2007)
Statutory reference:
Village Administrator, see R.C. § 735.271
(A) (1) Except as provided in division (A)(2) of this section, when it considers it necessary, the legislative authority may provide legal counsel for the municipality, or for any department or official of the municipality, for a period not to exceed two years and shall provide compensation for the legal counsel.
(2) (a) A petition may be filed with the Fiscal Officer, signed by registered electors residing in the municipality equal in number to not less than 10% of the total vote cast for all candidates for Governor in the municipality at the most recent general election at which a Governor was elected, requesting that the question be placed before the electors whether, instead of the legislative authority appointing legal counsel for the municipality or for any department or official of the municipality, the Mayor shall appoint an attorney or law firm as the legal counsel with the advice and consent of the legislative authority. Within two weeks after receipt of the petition, the Fiscal Officer shall certify it to the Board of Elections, which shall determine its sufficiency and validity. The petition shall be certified to the Board of Elections not less than 90 days prior to the election at which the question is to be voted upon.
(b) At the election, if a majority of the electors of the municipality approves the question, then effective immediately when the Mayor considers it necessary, the Mayor shall appoint, with the advice and consent of the legislative authority, an attorney or law firm as legal counsel for the municipality, or for any department or official of the municipality, for a period not to exceed two years. The appointment of legal counsel under this division shall be pursuant to a contract approved by the Mayor and a majority vote of the legislative authority. The contract shall provide for the compensation and other terms of the engagement of the legal counsel, and the legislative authority shall provide that compensation for the legal counsel.
(3) When acting under this section, the legislative authority acts in its administrative capacity.
(R.C. § 733.48)
(B) The Village Solicitor shall be appointed by the Mayor, approved by Village Council, and shall serve until his or her successor is duly appointed and approved. The Solicitor shall be an employee of the village and shall receive the gross amount of $75,00 per year. The Solicitor’s salary shall include his or her services for all calls, written correspondence and letters, opinions, whether written or verbal, and personnel opinions, with respect to members of Village Council, the Mayor, and employees of the village. In addition, the Solicitor shall be paid on an hourly basis at the rate of $75 per hour for all matters concerning litigation in courts or public agencies, or claims that may lead to formal action before an agency or court of law. The entire amount due the Public Employee’s Retirement System of Ohio shall be payable by the Solicitor and shall be deducted from his or her monthly pay for PERS coverage. The Solicitor shall not be eligible for vacation accrual or sick time, but shall be eligible for the village medical insurance plan. In the event the Solicitor chooses to participate in the village medical insurance plan, he or she shall be responsible for the entire cost thereof and the premium shall be deducted from his or her salary as aforesaid. Compensation shall be paid from the General Fund in the same manner as all other employees of the village.
(Prior Code, § 236.02)
(Ord. 97-4, passed 12-22-1997; Ord. 2023-4, passed 11-27-2023)
(A) In accordance with R.C. § 733.262, there is hereby created the position of Village Fiscal Officer. The salary of the Village Fiscal Officer shall be an amount to be set by the Council from time to time, payable in monthly installments. This amount may be modified in the future by the annual village pay ordinance.
(B) The Village Fiscal Officer shall have those powers, duties, and functions as provided for by the general laws of the state.
(C) The Village Fiscal Officer shall hold office in lieu of the village having an elected Village Clerk from this date forward.
(Prior Code, § 241.01) (Ord. 2003-1, passed 3-10-2003)
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