If any officer, or employee of the Village or other person makes any contract, either verbal or written, or gives any order involving the expenditure of Municipal moneys without first following the procedure set forth in Sections 107.07 et seq. , or as may be required by the Ohio Revised Code, either now or hereafter, the following requirements shall apply:
(a) The Finance Director, upon discovering that such contract has been made or that such an order has been given, shall refuse to issue a warrant for the payment of any amount due thereon, and such contract or order shall be deemed to be null and void.
(b) The Finance Director shall then notify the officer, employee or other person who has made such contract or order that no warrant shall be issued for the payment of any amount due thereon. This notice shall be made in writing, shall contain a brief statement of the understood facts constituting the basis of the alleged violation, shall identify by section numbers the provision or provisions of local and State law which have been violated, and shall direct such officer, employee or other person to the applicable provisions of Section 107.07 which provide for the action necessary to obtain certification and authorization for the issuance of a warrant. Copies of such notification shall be sent to the department head over such officer, employee or other person, when applicable, and to the Mayor.
(c) The officer, employee or other person shall then prepare a standard application form requesting to appear before the Finance Committee of Council at its next regular meeting. Such request shall contain the following information:
(1) The identity and address of the person with whom or which the contract was made or the order placed;
(2) The amount of funds which would be obligated under the contract or order;
(3) The need for the goods or services which are the subject of the contract or order;
(4) A brief statement of the facts or reasons which constitute the basis for the violation of Sections 107.07 et seq;
(5) A brief statement as to whether or not the goods or services may be returned to the prospective vendor in exchange for a release from any further responsibility; and
(6) Any other matter which the officer, employee or other person believes to be germane to the circumstances of the contract or order.
(d) A copy of the request of the officer, employee or other person to appear before the Finance Committee, as set forth above, shall be sent to the Finance Director who shall advise the Committee of the status of any fund out of which an expenditure for such a contract or order would and could be made, including the then current appropriated balance in such fund, as well as the appropriated balance at the time such contract or order was made.
(e) The Committee shall then make a recommendation to Council of what action should be taken with respect to such contract or order. Where appropriate, such a recommendation shall be in the form of a proposed resolution.
(f) The Finance Director shall prepare a written certification of the required availability of funds, both as of the time that the contract or order was made and as of the time of the certification, which shall be forwarded to Council to be considered in conjunction with the recommendation of the Committee.
(Ord. 11-13. Passed 10-15-13.)