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Ballots used at a recall election shall conform to the following requirements: With respect to the officer whose removal is sought the question shall be submitted, "Shall (name of person) be removed from the Office of (title of office) by recall?" Immediately below such question there shall be printed on the ballots, the two following propositions, one above the other, in the following order:
"For the recall of (name of person)."
"Against the recall of (name of person)."
The election authorities shall provide a clear method or process for the electors to vote for either of such propositions. (Amended 5-7-13)
(A) If a majority of the votes cast on the question of recalling an elective officer of the City are against the recall, the officer shall continue in office for the remainder of the unexpired term, but shall remain subject to a new recall petition. If a majority of votes are for the recall of the officer, the officer shall, regardless of any defect in the recall petition, be deemed removed from office on the date the election results are certified by the election authorities.
(B) When a person is removed from office by recall, Council shall appoint a qualified person to serve for the remainder of the unexpired term of the officer recalled. The Mayor may appoint a person to hold the office of the person recalled as an acting officer and to perform the duties thereof between the occurrence of the recall and the time when the person appointed by the City Council takes the office.
(C) Any person who is recalled from an elective office of the city shall not be eligible for election or appointment to any elective office of the city for a period of one (1) year from the date of the recall election. (Amended 5-7-13)
If the elective officer in regard to whom a recall petition is submitted to the Council resigns within ten (10) days after notice thereof, the successor for the unexpired term shall be appointed as set forth in the preceding section as if a recall had been successful and the recall election shall not be held. (Amended 5-7-13)
No recall petition shall be filed against any elective officer within six (6) months after taking office or in the last year of the elective officer’s term of office. In the case of a person subjected to a recall election and not removed thereby, no subsequent recall petition may be filed until at least six (6) months after that recall election, but not in the last year of that officer’s term of office. (Amended 11-5-63; 5-7-13)
THE COUNCIL
The legislative powers of the City, except as reserved to the people by this Charter, shall be vested in a Council, one elected at large from the City who shall be the President of the Council and one from each ward.
Commencing with the Municipal election held in November, 1973, all Councilmen to be elected from a ward designated by an even number shall be elected for a term of two (2) years and shall serve until their successors are chosen and have qualified; thereafter, and beginning with the Municipal election held in November, 1975, all said Councilmen shall be elected for a term of four (4) years and shall serve until their successors are chosen and have qualified.
Commencing with the Municipal election held in November, 1973, all Councilmen to be elected from a ward designated by an odd number shall be elected for a term of four (4) years and shall serve until their successors are chosen and have qualified.
Commencing with the Municipal election held in November, 1971, the President of the Council shall be elected for a term of four (4) years and shall serve until his successor is chosen and has qualified.
If at any time, the office of a member of Council is vacant by reason of non-election, death, resignation, removal of residence from the ward or City represented or from any other cause whatsoever, except when the vacancy is caused by a recall election, such vacancy shall be filled by the Council for the unexpired term. (Amended 11-4-69)
Immediately after the proclamation by the Secretary of State stating the population of the cities of Ohio, as determined by the Federal census decennially taken, the Council shall redivide the City into wards upon the basis of one ward for each seven thousand (7,000) population or major portion thereof. Wards so formed shall be as nearly equal in population as may be composed of contiguous and compact territory, and bounded by natural boundaries or street lines. When any territory is annexed to the City the Council shall by ordinances declare it a part of the adjacent ward or wards. But if the highest vote cast in any such annexed territory at the last preceding regular election for any State, County or Municipal office exceeded two thousand (2, 000) then such annexed territory shall become and remain a separate ward or wards, entitled to elect one Councilman for each ward having a population of approximately seven thousand (7, 000) persons, until the City is next redivided into wards. If there is any territory within the City of Lima not assigned to or included in any ward, then the Council shall by ordinance declare such territory a part of the adjacent ward or wards. Persons who are incarcerated in any penal institution within the city shall not be counted as part of the population of the city for purposes of dividing the city into wards pursuant to this section. (Amended 5-7-13)
Members of Council shall hold the residency and qualifications set forth in Section 72 of this Charter. A member of Council who fails to maintain such residency and qualifications shall forfeit the office. Members of the Council shall not hold any other public office, except that of notary public, or member of the State militia or Federal military reserves, and shall not be directly or indirectly interested in the profits or emoluments of any contract, job, work or service of the Municipality. Any such contract in which any member is or may become interested, may be declared void by the Council. No member of the Council shall, except insofar as is necessary in the performance of the duties of the office, directly or indirectly interfere in the conduct of an administrative department or directly or indirectly take any part in the appointment, promotion, or dismissal of any officer or employee in the service of the City other than the officers or employees appointed by the Council. (Amended 11-6-84; 5-7-13)
The salaries of the members of the Council first elected under this Charter shall be three hundred ($300) dollars per year, except the Council President who shall receive seven hundred fifty ($750) dollars per year; provided, however, that the adoption of this amendment shall not be construed as changing the salaries of the present members of Council. Thereafter the Council may, by ordinance passed in any even numbered year, change the salary of members of the Council thereafter elected. The salary of a member of the Council shall be paid in equal monthly installments.
For each absence of a member from regular meetings of the Council, unless authorized by a two-thirds vote of all members thereof, there shall be deducted a sum equal to two percent (2%) of the annual salary of each member. Absence from ten (10) consecutive regular meetings shall operate to vacate the seat of a member unless such absence be authorized by the Council. (Amended 11-6-62)
On the first Monday in January following a regular Municipal election, unless such Monday shall fall on a legal holiday, the Council shall meet at the usual place for holding meetings and at a time established by the Council, at which time the newly-elected members of the Council shall assume the duties of their offices. Should the first Monday in January fall on a legal holiday, then such meeting shall take place on the first Tuesday after the first Monday in January following a regular Municipal election. Thereafter the Council shall meet at such times as may be prescribed by Council. The Mayor, the President of the Council, or any three (3) members thereof may call special meetings of the Council upon at least twelve (12) hours notice to each member of the Council, served in the manner prescribed by Council, unless a waiver of such notice is given in writing and filed with the Clerk of the Council. Any such notice shall state the subjects to be considered at the meeting and no other subject shall be there considered. (Amended 5-4-10)
The Council shall determine its own rules and order of business and shall keep a journal of its proceedings. It may punish or expel any member for disorderly conduct or violation of its rules. No expulsion shall take place without the concurrence of two- thirds of all the members elected nor until the delinquent member shall have been notified of the charge against him and been given an opportunity to be heard.
The Council shall choose a Clerk; and such other officers and employees of its own body as are necessary. The Clerk shall keep the records of the Council and perform such other duties as may be required by this Charter or by the Council. All such officers and employees chosen by the Council shall serve during the pleasure thereof.
The Council shall be the judge of the election and qualifications of its members. A majority of all the members elected shall be a quorum to do business, but a less number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members elected to the Council shall be necessary to adopt any ordinance or resolution. The vote upon the passage of all ordinances, and upon the adoption of such resolutions as the Council by its rules shall prescribe, shall be taken by "yeas" and "nays" and entered upon the journal.
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