ARTICLE IV
MANAGER
SECTION 4.01 MUNICIPAL MANAGER.
   A Municipal Manager shall be appointed by the Council. This appointment shall be made after reviewing the qualifications and job description as drawn up by the Council. A majority vote of the members elected to Council shall be required for the appointment of the Municipal Manager (hereafter referred to as Manager).
SECTION 4.02 QUALIFICATIONS OF THE MANAGER.
   The Manager shall be appointed solely on the basis of executive and administrative qualifications, and need not be a resident of the Municipality at the time of appointment.
(Amended 11-5-13.)
SECTION 4.03 ACTING MANAGER.
   A.   The Manager shall designate, by letter which shall be on file at all times with the Clerk of Council, any qualified administrative officer of the Municipality to perform the powers, duties, and functions of the Manager during a temporary absence from the Municipality or during disability. Such designation shall not be effective until the Council has approved it by a majority vote of the members of Council, and the Council may revoke such designation by a majority vote of the members thereof. If the designation has not been made and the Manager is absent from the Municipality or unable to perform duties or to make such designation, the Council may, by motion, appoint any qualified administrative officer of the Municipality to perform the powers, duties, and functions of the Manager, until the return of the Manager to the Municipality or the disability ceases. The Acting Manager so designated shall exercise all powers, duties, and functions of the Manager during this temporary absence from the Municipality or disability of the Manager.
   B.   In the event of a vacancy in the office of the Manager, the Council may designate a person as Acting Manager, who shall exercise all powers, duties, and functions of the Manager until such time as a Manager is appointed.
SECTION 4.04 MAYOR AND COUNCIL RELATION TO MANAGER.
   Except as provided by this Charter, neither the Mayor, nor the Council, nor any member or committee thereof shall give orders to any employees of the Manager, either publicly or privately, unless that employee is assigned said duties, and such orders are approved, in writing, by the Manager, or noted in a job description. This provision shall not apply to the Clerk of Courts, Clerk of Council, and Law Director. Any Council member or the Mayor found in violation of this provision shall be subject to provisions of Section 8.03 of this Charter.
SECTION 4.05 POWERS AND DUTIES OF THE MANAGER.
   The Manager shall be the Chief Executive and Administrative Officer of the Municipality. The Manager shall be responsible to the Council for the administration of the Municipality. The Manager shall have the following powers and duties:
   A.   The Manager shall appoint and, when the Manager deems it necessary, suspend, remove, or otherwise discipline all municipal employees and administrative officers appointed by the Manager, except as provided by, or pursuant to, this Charter. The Manager may authorize any administrative officer who is appointed by the Manager to exercise these powers with respect to subordinates in that officer's department, office, or agency.
   B.   The Manager shall direct and supervise the administration of all departments, offices, and agencies of the Municipality, except as otherwise provided by this Charter.
   C.   The Manager shall attend all Council meetings and shall have the right to take part in discussions, but may not vote.
   D.   The Manager shall see that all laws, provisions of this Charter, and ordinances and resolutions of the Council, imposing duties on the Manager or employees subject to the Manager's direction and supervision, are faithfully executed.
   E.   The Manager shall prepare and submit to Council the annual budget and capital program.
   F.   The Manager shall submit to Council and make available to the public a complete report on the finances and administrative activities of the Municipality as of the end of each fiscal year.
   G.   The Manager shall make such other reports as the Council may require concerning the operations of municipal departments, offices, boards, commissions, and agencies subject to the Manager's direction and supervision.
   H.   The Manager shall appoint, with the approval of Council, special citizen advisory committees, and shall discharge such when, in the Manager's judgment and with Council's approval, their function has been completely served.
   I.   The Manager may serve as an ex-officio member of all boards and commissions which are authorized under this Charter or subsequently created by Council.
   J.   The Manager shall keep the Council fully advised as to the financial condition and future operating and capital needs of the Municipality and make such recommendations to the Council concerning the affairs of the Municipality as the Manager deems desirable, or as requested by Council.
   K.   The Manager shall require reports and information of subordinate officers and employees of the Municipality as the Manager deems necessary in the orderly operation of the Municipality, or when required to do so by the Council or any board or commission of the Municipality.
   L.   The Manager shall have the power to appoint, with the approval of Council, a Municipal Engineer, the Finance Director, and the Police Chief, or any other administrative officers as approved by Council.
   M.   The Manager shall be the contracting officer of the Municipality and shall award and execute contracts and agreements on behalf of the Municipality in the manner and under the procedures required by this Charter.
   N.   The Manager shall perform the duties and have the powers as conferred or required by this Charter, by any ordinance or resolution of the Council, or by the laws of the State of Ohio.
SECTION 4.06 REMOVAL OF MUNICIPAL MANAGER FROM OFFICE.
   The Council may remove the Manager from office in accordance with the following procedures:
   A.   If necessary or convenient, Council may suspend the Manager with pay pending any investigation Council might determine to be necessary.
   B.   The Council may, by majority vote of its members, regardless of whether there has been an investigation, adopt a resolution of intent which shall state the reasons for removal and may suspend the Manager from duty with or without pay for a period not to exceed thirty (30) days. A copy of the resolution shall be delivered to the Manager by the Law Director and/or Clerk of Council.
   C.   Within five (5) days after a copy of the resolution is delivered to the Manager, the Manager may file with the Clerk of Council a written request for a public hearing. This hearing shall be held at a regular or special Council meeting not earlier than ten (10) days nor later than twenty (20) days after the request is filed. The date of the public hearing shall be set by the Mayor. The only notice required shall be that notice required for a special Council meeting. The Manager may file with the Clerk of Council a written reply to the resolution of intent, not later than five (5) days before the hearing.
   D.   The Council may adopt a final resolution of removal which may be made effective immediately, by a vote of a majority of its members at any time after five (5) days from the date when a copy of the resolution of intent was delivered to the Manager, if the Manager has not requested a public hearing, or at any time after the public hearing if the Manager has requested one.
   E.   The decision of the Council to suspend or remove the Manager shall be in the sole discretion of the Council.
    F.   If the Manager is suspended from duty, the Council shall appoint, by vote of a majority of its members, an Acting Manager until the Manager is restored to duty or until Council shall appoint a person to the position of Manager as provided for under this Charter. The Acting Manager so appointed shall exercise all powers, duties, and functions of the Manager under this Charter.