(a) Election, Term of Office and Vacancy.
The Finance Director shall be elected at the regular municipal election in the year 2003, and every fourth year thereafter, for a term of four (4) years. His or her term shall commence and he or she shall assume office on the first day of January next following such election. He or she shall be bonded for the faithful performance of his or her duties before taking office. The amount of such bond shall be fixed by the Council.
In case the office of Finance Director shall become vacant the Mayor shall fill the vacancy by appointment, subject to the approval of a majority of the members elected to Council, and serve until the next general election occurring more than one hundred and twenty (120) days after such appointment. (Amended November 5, 2002; November 6, 2018.)
(b) Qualifications and General Duties.
The Finance Director shall hold a bachelors degree from an accredited college or university and have had at least five (5) years experience in accounting or finance.
The Finance Director shall be the chief fiscal officer of the City and the head of the Finance Department. He or she shall serve the Mayor and Council as financial advisor in municipal affairs. He or she shall keep an accurate account of all taxes and assessments, of all the property and debts of the City, of all receipts and disbursements of the City, and of all appropriations made by the Council. He or she shall examine and approve, if in proper form, and if an appropriation has been duly made therefor, payrolls, bills, and other claims, and prepare and sign all warrants. He or she shall perform such other duties as may be designated by the Council, not inconsistent with any provision of this Charter, and all other duties required by the laws of the State of Ohio as to city treasurers or auditors unless otherwise provided by this Charter or ordinance of the Council.
(1) Purchasing. He or she shall be the Purchasing Agent until such time as a purchasing department shall be established by the Council. On the basis of requisitions, submitted and approved by the Mayor or Council, he or she shall contract for, purchase on specifications, store and distribute, all supplies required by the City.
(2) Appropriations and reports. He or she shall be responsible for the preparation and submission of appropriation legislation and shall assist the Mayor and Council in the preparation of estimates, budgets, and other financial matters. He or she shall submit to the Mayor and Council a monthly report of all receipts and disbursements.
The foregoing reports shall be in such further sufficient detail as may be required by the Mayor or Council to show the exact financial condition of the City.
(3) Collections. He or she shall be the collector and custodian of all monies of the City, including license fees, fines, court costs and waivers. He or she shall receive and preserve such monies in such manner and form and in places as the Council shall direct. He or she shall also receive and disburse all public monies coming into his hands, pursuant to such requirements as may be requested by the authorities having lawful control over such funds.
(4) Certification. No contract, agreement of other obligation involving the expenditure of money shall be entered into by any officer of the City unless there is attached thereto a certificate of the Finance Director that the amount required to meet the same, or in the case of a continuing contract to be performed in whole, or in part, in an ensuing fiscal year, the amount required to meet the same in the fiscal year in which the contract is made, has been lawfully appropriated for such purpose and is in the treasury or in the process of collection to the credit of an appropriate fund free from any previous encumbrances.
(5) Funds subject to certification. All monies actually in the treasury to the credit of the fund from which they are to be drawn, and all monies applicable to the payment of the obligation or appropriation involved, that are anticipated to come into the treasury before the maturity of such contract, agreement or obligation, from taxes or assessments, or from sales, services, products, or from any municipal undertakings, fees, charges, accounts and bills receivable, or other credits in the process of collection, and all monies applicable to the payment of such obligation or appropriation, which are to be paid into the treasury prior to the maturity thereof, arising from the sale of lease of lands or other property, and the monies to be derived from lawfully authorized bonds or notes sold and in the process of delivery shall, for the purpose of such certificates, be deemed in the treasury and subject to such certification.
(6) Contracts. All contracts, agreements or other obligations entered into contrary to the provisions of subsections (b)(4) and (b)(5) of this Section 2 of this Article of this Charter shall be void.
(c) Miscellaneous.
(1) Attendance at Council. The Finance Director shall attend all regular meetings of the Council and he or she shall perform all other duties required by this Charter and by ordinance or resolution of Council.
(2) Budget preparation. The Mayor with the assistance of the Finance Director shall prepare and submit a budget to Council, not less than forty-five (45) days prior to the time required by law for the filing of the budget, containing an estimate of revenue and expenditures for the succeeding fiscal year. The head of each department, board, Council committee and commission shall submit to the Mayor the necessary information for such estimates. The estimates shall consist of: estimate of revenue from all sources and a comparative statement for the current year and the preceding year; estimate of expenses of each department and activity of the City and a comparative statement for the current year and the preceding year; amount of debt and schedule of maturities of outstanding bonds and notes; value of current inventory or supplies; and amount of unencumbered balance in each bond and improvement fund.
(3) Transfers of funds. The Council may transfer any part of any unencumbered balance of an appropriation of any fund allowed by law to any purpose or object for which the appropriation for the current year has proven insufficient, except that no transfer shall be made of monies raised or appropriated for the payment of any bond or note of the City.
(4) Payment. No money shall be drawn from the treasury nor shall an obligation for expenditure be incurred except in accordance with appropriations made by Council.
(5) Purchasing and contracts. The Purchasing Agent may, within the amounts and items appropriated by Council, make purchases involving expenditures not in excess of Twenty-Five Thousand Dollars ($25,000) on the basis of requests for specifications submitted by the head of the department for which the purchase is made and approved by the Mayor and Finance Director.
No purchase or contract involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000) shall be made except with the lowest and best bidder as determined by the Council after advertising for bids for a period of at least two (2) weeks in a newspaper of general circulation within the Municipality; provided, however, that the Council may make a contract for personal services or for the acquisition of real property or may enter into contracts with public utilities or other political subdivisions without advertising for bids. The Council may also make a purchase or enter into a contract involving more than Twenty-Five Thousand Dollars ($25,000) without advertising for bids if it determines and declares by a three-fifths vote that an emergency exists and sets forth the nature of the emergency in its minutes.
(Amended November 6, 2018; November 8, 2022)
(d) Clerk of Council.
The Finance Director shall not be the Clerk of Council. The Council shall provide by ordinance for a Clerk of Council and any Deputy Clerks of Council and a method of appointing the same. These persons shall perform the general duties necessary for the efficient performance of Council's duties set forth in this Article II, keep the records of Council and shall authenticate all records, documents and instruments of the Municipality on which authentication is necessary or proper.
(Approved by voters November 2, 2010.)
(Approved by voters November 2, 2010.)