(A) Appointment, powers, term and removal. The Legislative Authority may establish the position of Administrator by ordinance. The Administrator established under this section shall have those powers provided by division (B) of this section. The Administrator shall be appointed by the Mayor, but shall not take office unless his or her appointment has been approved by a majority vote of the members elected to the Legislative Authority. The Administrator need not be an elector or reside in the municipality at the time of his or her appointment; however, he or she shall become a resident of the municipality within six months after his or her appointment by the Mayor and confirmation by the Legislative Authority, unless his or her residence outside the municipality is approved by ordinance. The Administrator shall not be an elected official of the municipality at the time of his or her appointment or during his or her tenure in office. The Administrator shall serve at the pleasure of the Mayor and Legislative Authority and may be removed without cause by the Mayor with the consent of a majority of the members elected to the Legislative Authority, or he or she may be removed without cause by the affirmative vote of three-fourths of the members elected to the Legislative Authority, without the consent of the Mayor. The Legislative Authority may abolish the position of Administrator by ordinance.
(R.C. § 735.271)
(B) Abolishment and re-establishment of Board of Public Affairs.
(1) Upon the establishment of the position of Administrator, his or her appointment by the Mayor and confirmation by the Legislative Authority, as provided by division (A) of this section, the Board of Trustees of Public Affairs, if such a Board has been created in accordance with R.C. § 735.28, shall be abolished and the term of office of members of the Board shall terminate. All contracts entered into by the Board and rules and regulations promulgated and other action taken by the Board shall continue in effect until they have terminated of their own accord or until they have been modified, changed, revised, amended or repealed in the manner provided by law.
(2) If the Legislative Authority abolishes the position of Administrator, as provided by division (A) of this section, a Board of Trustees of Public Affairs shall be established by operation of law and the Mayor shall appoint three members of this Board, subject to the confirmation of the Legislative Authority, who shall serve until the successors of the appointed members have been elected at the next regular election of municipal officers held in the municipality occurring more than 100 days after the appointment of such members by the Mayor, as provided by R.C. § 735.28. The Board shall have those powers and duties provided by R.C. §§ 735.28 and 735.29 and as otherwise provided by law.
(R.C. § 735.272) (Rev. 2002)
(C) Powers and duties of the Administrator.
(1) The Administrator shall manage, conduct, and control the water works, electric light plants, artificial or natural gas plants, or other similar public utilities, furnish supplies of water, electricity, or gas, and collect all water, electric and gas rents.
(2) The Administrator may make such bylaws and regulations as it deems necessary for the safe, economical, and efficient management and protection of the works, plants, and public utilities. These bylaws and regulations, when not repugnant to municipal ordinances and resolutions or to the Ohio Constitution, shall have the same validity of ordinances.
(3) The rates for service and charges for municipally owned utilities shall be determined by the Legislative Authority.
(4) The Administrator shall have the same powers or perform the same duties as are provided in R.C. §§ 743.05 through 743.07, 743.10, 743.11, 743.18, and 743.24, and all the powers and duties relating to water works in any such sections shall extend to and include electric light, power, gas plants, and other similar public utilities.
(5) The Administrator shall supervise the improvement and repair of streets, avenues, alleys, lands, lanes, squares, landings, market houses, bridges, viaducts, sidewalks, sewers, drains, ditches, culverts, streams, and water courses as well as lighting, sprinkling, and cleaning of all streets, alleys, and public buildings and places.
(6) The Administrator shall appoint officers, employees, agents, clerks, and assistants, provided the positions are first authorized by the Legislative Authority, but the appointments shall be subject to approval by the Mayor. Such appointments and the Mayor’s approval shall be in writing, and shall be filed with the Clerk.
(7) The Administrator shall be under the general supervision and control of the Mayor, and shall have such other powers and duties as are prescribed by ordinance or by law and which are not inconsistent herewith. The Administrator shall perform all duties and shall have all powers of Boards of Public Affairs and Street Commissioners as prescribed by law, except as otherwise provided by R.C. §§ 735.271 and 735.272.
(R.C. § 735.273)
Cross-reference:
Administrator, contracting and central purchasing, see § 32.025(B)