(a) Council may fine a Councilperson for the following conduct:
(1) Any unauthorized absence from a regular meeting of Council. Absence is defined as not being physically present at any time during the meeting. Absence may be authorized by the affirmative vote of three (3) of the remaining members of Council.
(2) Disorderly conduct at any meeting of Council. Disorderly conduct, as used herein, is defined in Ohio R.C. 2917.12.
(3) Improper use of the Official Seal of the Village. "Improper use" refers to applying the Village seal to any letter, newsletter or other document that is published (for example, distributed) by the Councilperson which describes any item or issue that is not in furtherance of the government of the Village or related to any aspect of the operations or issues related to the government activities of the Village or its constituents.
(4) If found in violation of the rule on attendance, a Councilperson may be subject to a fine of two percent (2%) of his/her annual salary if recommended by four (4) of the remaining members of Council.
(b) Any member of Council may, by motion to the Council President made at the meeting for which the conduct complained of occurs, place before Council the issue: "Is the Councilperson's failure to appear an unauthorized absence from this meeting of Council?" or alternatively, "Is the action of the Councilperson disorderly?" or alternatively, "Is the Councilperson's use of the Official Seal of the Village a violation of this rule?"
(c) If the motion is approved by no less than four (4) of the members of Council remaining, the President of Council shall require to be deducted a sum equal to two percent (2%) of the annual salary of the absent Councilperson, per Article IX, Section 3 of the Charter. Each act is a separate offense and is subject to separate fines. Notice of the motion, findings of Council and the fine, if any, shall be reduced to writing and served by regular mail upon said Councilperson with copy being provided to the Mayor, Clerk, Finance Director and Law Director.
(d) The Councilperson being fined may request a hearing before Council. The request for hearing before Council shall be in writing and shall be filed with the Clerk no later than 5:00 p.m. of the fifth (5th) day after mailing the "Notice of Action of Council." The request for hearing shall specify whether the hearing before Council shall be public or private. Council shall hold said hearing at the next regular meeting of Council and shall make a determination as soon thereafter as practical. Any decision by Council shall be final.
(e) The resignation of a member of Council, shall be in writing with an effective date clearly stated, and shall take effect when the same has been accepted by a vote of the majority of the members of Council, exclusive of the person tendering his or her resignation, and thereafter the office shall be deemed vacant as of the date said resignation is accepted by Council action. The vacant Council position shall be filled in accordance with Article III (e) of the Village Charter. and the procedures set forth in Paragraph (f) below.
(f) As soon as practical following an affirmative vote of Council accepting the resignation of a member of Council, the Clerk of Council shall take the following action:
(1) Post a notice of vacancy including a deadline for submitting applications no later than two (2) weeks following publishing of the notice;
(2) Send copy of the notice to all residences in the Village;
(3) Application forms shall be available to any qualified resident of the Village;
(4) Applications shall be submitted no later than two (2) weeks after publication of the notice;
(5) Council shall review the applications and select the three (3) most qualified candidates for interviews;
(6) Council shall schedule the interviews to be completed within seven (7) days;
(7) Council shall meet within thirty (30) days of the date of acceptance of the resignation to make a final choice to fill the vacancy.
(g) The resigning Council member and any Council member leaving office must return all Village-issued items (i.e. Village Hall keys, Council badge) to the Council President on the last scheduled Council meeting.
(Ord. 2020-69. Passed 9-16-20.)