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The Law Director shall be appointed by Council. The Law Director must be an attorney at law admitted to practice in the State of Ohio. The Law Director's compensation shall be established by ordinance or contract. The Law Director shall be the legal counsel for the Municipality and for all officials and departments thereof; and shall, when requested, give legal opinions in writing. The Law Director shall represent the Municipality in all litigations to which it may be a party and shall perform such other duties as may be assigned by Council and the Manager as well as those imposed by this Charter. The Law Director shall upon request prepare all contracts, bonds, and other instruments in writing in which the Municipality is concerned. Council shall have the right to select additional legal counsel.
The Clerk of Council shall be appointed by Council. Council shall establish the salary of the Clerk of Council by Ordinance. The Clerk of Council may hold other office or position of employment in the Municipality. The Clerk of Council shall have those powers, duties, and functions as are provided in this Charter, by the Rules of Council, or by ordinance or resolution. Included in the duties of the Clerk of Council shall be the maintenance of a record of proceedings of the Council and a record of all ordinances and resolutions adopted by the Council. The Clerk of Council shall give notice of regular and special meetings of the Council to its members and to the public as may be provided by this Charter, by the Rules of Council, or by ordinance or resolution. The Manager may appoint any person as an Acting Clerk of Council to serve in the event of a vacancy in the office or of temporary absence or disability of the Clerk of Council.
The Clerk of Courts shall be appointed by the Manager with the approval of the Mayor. Council shall establish the salary of the Clerk of Courts by Ordinance. The Clerk of Courts may hold other office or position of employment in the Municipality. The Clerk shall perform all clerical duties related to the Mayor's Court, collection and receipt of fines and costs assessed by the court, keeping of records related thereto, and other clerical duties as assigned. The Manager may appoint any person as an Acting Clerk of Courts to serve in the event of a vacancy in the office or of temporary absence or disability of the Clerk of Courts.
There shall be a Department of Finance, the head of which shall be the Finance Director. The Finance Director shall be appointed by the Manager, subject to the approval of the majority of the members of Council.
A. In such case where there is a vacancy in the office of the Finance Director, the Manager shall occupy the position until such time as someone is appointed to fill such vacancy, but will receive no additional compensation.
B. The Finance Director shall be appointed by the Manager considering all relevant factors, including education and experience in the field of accounting, taxation, budgeting, and finance.
C. The Finance Director shall be the chief fiscal officer of the Municipality. The Finance Director shall have authority over and shall be required to keep the financial records of the Municipality, exhibiting accurate statements of all monies received, expended, and encumbered, of all property owned by the Municipality and of all taxes and assessments. The Finance Director shall advise the Manager concerning the financial condition of the Municipality and shall examine all payrolls, bills, and other claims against the Municipality and shall issue no warrant unless the Finance Director finds that the claim is in proper form, correctly computed, duly approved, and that an appropriation has been made thereof. The Finance Director shall collect all monies due and payable to the Municipality and shall be the custodian of all public money of the Municipality and shall disburse the same as may be required by law or ordinance. The Finance Director shall examine and audit the accounts of all other officers, employees, departments, boards, and commissions, and shall assist the Manager in the preparation and submission of appropriation measures, estimates, budgets, and other financial matters. The Finance Director shall perform all other duties now or hereafter imposed on Auditors, Treasurers, and Tax Commissioners under the laws of the State of Ohio. The Finance Director shall also perform such other duties consistent with his or her office as may be required by this Charter, by State statutes, by Ordinance or Resolution of Council, or as directed by the Manager.
In each fiscal year, which shall be the calendar year from January 1 through December 31, the Manager and the Finance Director shall prepare and submit to the Council a budget for the following fiscal year. The budget shall be submitted to the Council by September 1 or (forty-five) 45 days prior to the submission date to the County Budget Commission, whichever is earliest. It shall include an estimate of all expenditures which will be necessary for the operation of the Municipality during the following fiscal year and an estimate of all revenue which will be received for that period. The Council shall approve or amend the budget as submitted, and shall adopt same, by Resolution, after a public hearing of which at least ten (10) days notice is given in a manner prescribed for the publication of Ordinances. Council shall submit the adopted budget to the County Budget Commission on or before the date established by the County Budget Commission. The budget shall be in the form prescribed by the Office of Inspection and Supervision of Public Offices of the State of Ohio, except to the extent that modification is required by any provision of this Charter, and all proceedings regarding the adoption of an annual budget, not specifically provided for in this section shall be in accordance with the provisions of the Ohio Revised Code.
(Amended 11-5-13.)
An annual appropriations ordinance shall be prepared by the Manager and the Finance Director of the Municipality, in the form prescribed by the general law, based upon the revised budget as approved by the Hamilton County Budget Commission and the official certificate of estimated resources or amendments thereof as issued by the County Auditor. The proposed appropriations ordinance shall be submitted to the Council as soon as practicable after the issuance of such certification of estimated resources. On or about the first day of each year, the Council shall pass an appropriations ordinance based upon such proposed appropriations ordinance submitted by the Manager and the Finance Director, amended or revised as it sees fit. If it desires to postpone the passage of the annual appropriations ordinance until an amended certificate is received from the County Auditor, based on the actual balances, Council may pass a temporary appropriations ordinance for meeting the ordinary expenses of the Municipality until not later than the first day of April of the current year, and the appropriations made therein shall be chargeable to appropriations in the annual appropriations ordinance for that fiscal year when passed. For the purpose of meeting the actual requirements of the Municipality as they appear as the fiscal year progresses, Council may pass such supplemental appropriations ordinances as it deems necessary, adjusting the appropriations between the various appropriation funds. The total amount appropriated for any fiscal year shall not exceed the total balances carried over from the previous fiscal year plus the estimated revenue for the current fiscal year, as both of such sums appear upon the latest issued certificate of resources.
No amending or supplemental appropriations ordinance shall be required to be published.
Such ordinances shall be effective immediately.
A. The Manager shall be the contracting officer of the Municipality, and shall execute all contracts and agreements on behalf of the Municipality in the manner and under the procedures provided by this Charter.
B. When the expenditure of funds for the purchase of supplies, equipment, or materials, or to provide labor for any work to be performed under a contract for a public improvement, exceeds 80% of the amount specified by the laws of the State of Ohio for which such purchases or work may be accomplished without advertisement and competitive bidding, such expenditure shall require advertisement and competitive bidding.
C. Compensations of persons and employees; contracts with persons, firms, or corporations for service requiring specialized or professional skill, knowledge, or training; expenditures for and contracts for insurance; and expenditures required because of a real and present emergency, when authorized by an ordinance adopted by the affirmative vote of at least a majority of all the members of Council, may be awarded and executed without the necessity of advertisement and competitive bidding.
D. Modifications and changes to contracts awarded under competitive bidding, which modifications and changes increase the total expenditure by an amount which would itself require advertisement and competitive bidding under this Charter hereof, shall first be authorized by an ordinance enacted by the Council; however, advertisement and competitive bidding shall not be required.
E. No contract or order shall be willfully split or divided into separate contracts or orders solely in order to avoid the requirement of advertisement and competitive bidding as provided by Subsection B. hereof.
(Amended 11-5-13.)
The Manager shall act as Purchasing Agent for the Municipality. Council may provide by ordinance a procedure for the making of emergency purchases by officers and employees of the Municipality other than the Purchasing Agent. The Director of Finance shall issue checks for payment.
The Manager may designate an administrative officer or employee of the Municipality to act as Purchasing Agent to award and execute such contracts, orders, and agreements on behalf of the Municipality as the Manager is authorized to award and execute pursuant to the provisions of Subsection B. hereof.
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