The Mayor shall be the chief executive, administrative, and law enforcement officer of the Municipality. He shall be responsible for the administration of all municipal affairs of all departments and divisions of the Municipality, except Council, Clerk of Council, and Auditor, as provided by this Charter, the ordinances of the Municipality and State laws. In addition to the foregoing he shall have the following powers.
(1) When the civil service provisions as provided in Article XII of this Charter shall become effective he shall appoint and, when he deems it necessary for the good of the service, suspend or remove or otherwise discipline all municipal employees and appointive administrative officers provided for by or under this Charter, except employees and officers of the Council, Clerk of Council, Auditor, and the various boards and commissions of the Municipality other than the Park and Recreation Board, in the manner provided by the rules adopted by the Civil Service Commission pursuant to this Charter, and he may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.
(2) Until such civil service provisions shall become effective he shall appoint all municipal employees and appointive administrative officers provided for by or under this Charter, except employees and officers of the Council, Clerk of Council, Auditor and the various boards and commissions of the Municipality. Until such civil service provisions become effective municipal employees and appointed administrative officers may be suspended, removed, or otherwise disciplined in accordance with the following procedure:
(a) The Mayor, Council, Auditor or the Chairman of any board or commission, with the consent of a majority of the members of such board or commission, shall give any employee or administrative officer subject to their supervision written notice of a hearing before the Council, which notice shall specify the charges made against such employee or administrative officer.
(b) A copy of such notice shall be filed with the Clerk of Council and delivered to the person against whom such charges are made at least ten days prior to the hearing of the charges by the Council.
(c) The President of Council shall set a date for hearing said charges at a regular or special meeting of the Council, which date shall be at least ten days subsequent to the date the charges were filed with the Clerk of Council and delivered to the person against whom the charges were filed.
(d) At such hearing before Council, the official making the charges shall present evidence and testimony in support of the charges. The person charged shall be given the opportunity to appear in person or by legal counsel to present evidence and testimony, to cross examine, and to rebute the testimony of witnesses and to present written and oral agruments relative to the charges made against him. The President of Council shall have the power to administer oaths, compel the attendance of witnesses and to subpoena books, records and other instruments, to continue such hearing, and to punish persons in contempt of lawful orders of the Council as provided by ordinance of Council, as he deems in the interest of a fair hearing, or as directed by a majority vote of the members elected to the Council.
(e) The Council may, by a two-thirds vote of its membership, suspend, remove, or otherwise discipline employees and administrative officers who are found guilty of inefficiency, misfeasance, malfeasance or nonfeasance in their office or position of employment; neglect of duty; absence without leave of superior officers; insubordination or disobedience to lawful orders of superior officers, discourteous treatment of the public; failure to abide by personnel rules and regulations as provided by or under ordinances passed by the Council; misconduct while performing the duties of their office or position of employment, and such other violations of propriety and conduct as provided by ordinance of Council.
The Mayor may remove the Director of Service and Safety without cause and without following the procedures as set forth in this section of the Charter. Removal of the Solicitor as provided in Section 7.01 of this Charter shall not be subject to the provisions of this section of the Charter, nor shall the removal of the Clerk of Council or other Council employees be subject to the provisions of this section of the Charter.
(Amended 11-3-70)
(2) He shall attend all Council meetings and shall have the right to take part in discussions but may not vote.
(3) He shall see that all laws, provisions of this Charter and ordinances of the Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.
(4) He shall prepare and submit the annual budget and capital program to the Council.
(5) He shall submit to the Council and make available to the public a complete report on the administrative activities of the Municipality at the end of each fiscal year.
(6) He shall make such other reports as the Council may require concerning the operations of City departments, offices, boards, commissions and agencies subject to his direction and supervision.
(7) He shall keep the Council fully advised as to the present condition and future needs of the Municipality and make such recommendations to the Council concerning the affairs of the Municipality as he deems desirable.
(8) He shall require reports and information of subordinate officers and employees of the Municipality as he deems necessary in the orderly operation of the Municipality, or when requested to do so by the Council or any board or commission of the Municipality.
(9) He shall be the contracting officer of the Municipality and shall award and execute all contracts and agreements on behalf of the Municipality in the manner and under the procedures required by this Charter; however, when the expenditure of money for contracts and orders does not exceed one thousand dollars ($1,000.00) the Mayor may designate an administrative officer or employee to act as purchasing agent and authorize said officer or employee to award and execute said contracts and orders on behalf of the Municipality. The Mayor or any other officer or employee designated by him as purchasing agent shall not willfully cause or allow any contract or order to be split or divided into separate orders or contracts in order to avoid the requirements of this subsection or the requirements of competitive bidding as required by this Charter.
(10) He shall execute on behalf of the Municipality all contracts and agreements, except as otherwise hereinabove provided by paragraph 9 of this section, conveyances, evidences of indebtedness and other instruments to which the Municipality is a party.
(11) He shall affix to all official documents and instruments of the Municipality the Mayor's seal which shall be the seal of the Municipality, but the absence of the seal shall not affect the validity of any such document or instrument.
(12) He shall perform such other duties as are conferred or required by this Charter, by any ordinance or resolution of the Council, or by the laws of the State of Ohio.