SECTION 68. MAYOR’S APPOINTING POWER; APPOINTING AUTHORITY DEFINED

   The Mayor shall be the appointing authority of the City for all classified and unclassified positions except in those departments where the Charter provides for the election of the head of said department, in which case the department head shall be the appointing authority for all classified and unclassified positions in his department.

   Except as may be otherwise specifically provided elsewhere in this Charter, the Mayor shall also have the power to appoint and remove all other appointive officers and all members of commissions not included within regular departments. Such officers and members of commissions appointed by the Mayor shall serve until removed by him or until their successors are appointed and have qualified.

(Amended 11-2-65)

SECTION 69. GENERAL POWER AND DUTIES OF MAYOR

   It shall be the duty of the Mayor to act as chief conservator of the peace within the City; to supervise the administration of the affairs of the City; to see that all ordinances of the City are enforced; to recommend to the Council for adoption such measures as he may deem necessary or expedient; to keep the Council advised of the financial condition and future needs of the City; to prepare and submit to the Council such reports as may be required by that body, and to exercise such powers and perform such duties as are confronted or required by this Charter or by the law of the State.

SECTION 70. MAYOR’S RIGHT IN COUNCIL

   The Mayor and the directors of all departments established by the Charter, or that may hereafter be established by ordinance, shall be entitled to seats in the Council. Neither the Mayor nor the director of any department shall have a vote in the Council, but the Mayor shall have the right to introduce ordinances and to take part in the discussion of all matters coming before the Council; and the directors of departments shall be entitled to take part in all discussions in the Council relating to their respective departments. The Council by ordinance or resolution may authorize other City officials to have seats in Council.

SECTION 71. VACANCY IN OFFICE OF MAYOR; ACTING MAYOR

   If at any time the office of Mayor is vacant by reason of non-election, death, resignation, removal from office in any way except by recall election, removal of residence from the City, or from any other cause whatsoever, such vacancy shall be filled by the President of Council for the unexpired term, provided however, that in the event that a written declination of his right to assume said office be presented to the Council by the President of Council within thirty (30) days after the occurrence of the vacancy or in the event that the President of Council does not qualify for the office of Mayor within said thirty (30) days period, the Council may thereupon appoint a Mayor to serve for the balance of the unexpired term.

   When the Mayor is absent from the City, or is unable for any cause to perform his duties the President of Council shall be the Acting Mayor.

   Council may make an appointment of an Acting Mayor whenever such need arises. Such Acting Mayor whether an incumbent of the office of President of Council or any other person, shall be entitled to receive compensation, as determined by ordinance of Council, for such duties which shall be in addition to any other compensation which he may be entitled to receive as a Municipal official. (Amended 11-6-62)

SECTION 72. QUALIFICATIONS OF EMPLOYEES AND OFFICERS

   (A)   No restriction is placed upon the residency of any employee or officer of the City, any provision of this Charter to the contrary notwithstanding, except as the Council may otherwise specifically provide by ordinance; provided that all elected officers of the City of Lima shall be residents and electors of the City for at least six (6) months before the last date on which nominating petitions can be filed in accordance with this Charter, and they shall maintain such residency and qualification as an elector at all times thereafter and during their terms of office. Any elected official who fails to maintain residency and qualification as an elector during their term of office shall forfeit the office.

   (B)   The residency and elector requirement for elected officers shall not apply to any person who is appointed to fill a vacancy in an elected office, for a period not to exceed six months from the date of appointment.

   (C)   All employees of the City of Lima, whether residents of the City or not, shall pay Municipal Income tax to the City, as a condition of their employment, irrespective of their place of residence.

   (D)   No person elected or appointed to any elective office of the City shall, during the incumbency in the office to which the person has been elected or appointed, be appointed to any other office under the City. (Amended 11-5-74; 5-7-13)

DEPARTMENT OF LAW

SECTION 73. CITY LAW DIRECTOR - QUALIFICATIONS AND GENERAL DUTIES

   The City Law Director shall be an elector of the City and shall be an attorney-at-law, admitted to practice in the State of Ohio. The City Law Director shall be the legal adviser to, and attorney and counsel for, the Municipality and all its officers and employees in matters relating to their official duties. The City Law Director shall prepare all contracts, bonds, ordinances, and other documents in writing in which the City is a party and shall endorse on each his or her approval of the form and correctness thereof; and no such contracts, bonds, ordinances, or other documents with the City shall take effect until the Law Director’s approval is endorsed thereon.(Amended 11-8-11)