ARTICLE V: THE COUNCIL & MAYOR
 
5.01   NUMBER, SELECTION, TERM.
   Until enlarged by the procedures established by the general laws of the State of Ohio, the Council shall be composed of seven members, three of whom shall be elected at large and four of whom shall be elected from wards. (EDITOR'S NOTE: Council is now composed of six members elected from wards and three members
elected at large.)
   During the years 1964 and 1965, the Council shall be composed of the seven members elected to Council at the November 5, 1963, regular municipal election, or any successor appointed to fill a vacancy.
   At the regular municipal election to be held in the year 1965, four members shall be elected from wards, one from each ward, for a two-year term expiring December 31, 1967. At the regular municipal election to be held in the year 1965 and every fourth year thereafter, members elected at large shall be elected for four-year terms. At the regular municipal election to be held in the year 1967 and every fourth year thereafter, members shall be elected from wards, one from each ward, for four-year terms.
   All members of Council shall assume office on the first day of January next following their election.
 
5.02   QUALIFICATION.
   Council members shall be qualified electors of the City and shall hold no other elected or appointed public office except that of notary public, of a member of the State Militia or Reserve Corps of the Armed Forces of the United States unless call to full-time military service therein for a period exceeding thirty consecutive days, and a member of the City Board of Health by appointment made pursuant to Section 8.06 of this Charter. For purposes of this section of the Charter, the general test for determining whether a particular position is a public office shall include the following criteria: Durability of tenure, oath, bond, emoluments, and independency of the functions exercised by the appointee, and the character of the duties imposed upon him. While an oath, bond and compensation are usually elements in determining whether a position is a public office, they are not always necessary. The chief and most decisive characteristic of a public office is determined by the quality of the duties with which the appointee is invested, and by the fact that such duties are conferred upon the appointee by law. If official duties are prescribed by statute, and their performance involves the exercise of continuing, independent, political or governmental functions, then the position is a public office. No other public official elected or appointed shall be eligible except those persons employed as public school or college employees or those persons employed as a subordinate to a public official either appointed or elected. No person shall be eligible for election to the Council as a candidate from a ward if said person is not at the time of nomination and of election a resident of such ward. No person shall serve as a member of Council unless during such term of office said individual shall continue to be a resident and a qualified elector of the City, and if elected or appointed from a ward, shall be and continue to be a resident of that ward. (Amended 11-7-95)
 
5.03   REMOVAL.
   The Council shall be the judge of the election and qualifications of its own members. It may remove any member for gross misconduct, or malfeasance in or disqualification for office, or for conviction while in office for a crime involving moral turpitude, or if adjudicated legally incompetent, or for a violation of the oath of office or persistent failure to abide by the rules of Council, or absence from three consecutive regular meetings of the Council unless one or more of such absences shall have been excused by the Council; provided, however that such removal shall not take place without the affirmative vote of three-fourths of the remaining members of Council nor until the accused member shall have been notified in writing of the charge or charges against him or her at least fifteen days in advance of a public hearing upon such charge or charges and the member or member's counsel shall have been given an opportunity to be heard, present evidence, and examine, under oath, all witnesses appearing in support of such charge or charges. The accused member shall not vote on the question of removal. (Amended 11-7-95)
 
5.04   SALARIES AND BONDS.
   The Council shall have the power from time to time to fix the salaries or compensation of all officers, other than Council members, and employees and members of boards and commissions of the City, whether elected or appointed, including the Director of Law, Director of Service, Director of Safety, Civil Engineer or any directorships created through additional legislation. All salaries established prior to the effective date of this Charter shall remain in effect until changed by Council and the salary of any officer, employee or member of a board or commission whose position shall have been newly created by this Charter shall be the same as the salary for such officer, employee or member of the board or commission upon which are imposed corresponding functions, powers and duties prior to the effective date of this Charter. Council may require any officer or employee to give bond for the faithful performance of such officer's duties in an amount as it may determine and with such surety as it may approve, and may from time to time require additional bond or surety from any officer or employee, any may provide that the premium for such bond be paid by the City.
   The Council shall also have the power to fix the salaries or compensation for all its members. Every two (2) years, prior to fixing Council members salaries, a non-partisan group of citizens shall be appointed by Council to review and make recommendations on the salaries of the Council members. Salary adjustments shall not take effect until the next term of the Council members. (Amended 11-5-85.)
 
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