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SECTION 77.   SAME - MISCELLANEOUS DUTIES
   In addition to the duties herein provided, the City Law Director may perform such other duties as may be requested by the Council or the Mayor, and shall perform the duties as may be required of city law directors by the general laws of the State applicable to municipalities.(Amended 11-8-11)
SECTION 77.5.   TITLE OF CITY SOLICITOR CHANGED TO DIRECTOR OF LAW
   The title of the office of City Solicitor shall be designated Director of Law and wherever the title of City Solicitor appears or is used, the title Director of Law shall be substituted therefor. (Enacted 11-6-56)
AUDITING DEPARTMENT
SECTION 78.   CITY AUDITOR - APPOINTMENT; TERM; SALARY AND DUTIES
   (A)   Commencing with the regular municipal election held in November, 2013, the City Auditor shall be elected as provided for the election of officers herein, shall assume office on the first day of January following the election, and shall serve for a term of four (4) years. The Auditor shall serve in a full time capacity, shall devote his or her entire time to the duties of the office, and shall engage in no other remunerative employment of any kind.
   (B)   In the event the office of Auditor becomes vacant, City Council shall appoint a qualified person to serve as Auditor for the remainder of the unexpired term. The Mayor may appoint a person to hold the office of Auditor as an acting officer and to perform the duties thereof between the time of the occurrence of the vacancy and the time when Council appoints the person to take the office on an interim basis, as set forth in paragraph (D) below.
   (C)   In addition to any other qualifications for elective office set forth in this Charter, no person shall be eligible to be a candidate for or to be elected or appointed to the office of City Auditor, or to serve as City Auditor after such election or appointment, unless such person:
      (1)   Is an elector of the City of Lima; and,
      (2)   Has a bachelors degree in accounting or finance from a post-secondary educational institution accredited by a recognized accrediting agency or entity and,
      (3)   Has at least 5 years experience in:
         (a)   accounting, auditing, budgeting, or financial management, in one or more positions in government, primary or secondary schools, or higher education; or,
         (b)   at least a supervisory level position in the private sector involving accounting, auditing, budgeting, or financial management;
      or,
      (4)   (1)   Is a certified public accountant; or,
      (2)   Holds a certificate as a qualified government finance officer or comparable title issued by a recognized, reputable, national or state certifying organization.
   (D)   In the event the office of City Auditor becomes vacant because of death, disability, resignation, termination of service, or any other cause, the City Council within seven business days after the date such vacancy occurs shall by majority vote appoint an interim City Auditor to serve until the City Council appoints a City Auditor to fill the unexpired term of office. Such interim City Auditor may have but shall not be required to have the qualifications for City Auditor set forth in subsection (C) above. The City Council within 90 business days after the date such vacancy occurs shall by majority vote appoint a City Auditor to serve out the unexpired term of office. No person shall be eligible to be appointed to serve out such unexpired term who does not possess the qualifications in subsection (C) above.
   (E)   The City Auditor shall serve as the chief fiscal officer and the chief accounting officer of the City and as such and shall be responsible for the approval of all statements, certifications, and representations of the official status or condition of the City’s financial records.
   (F)   The Auditor shall also be responsible for the following functions and duties:
      (1)   Develop, promulgate, and enforce rules governing the fiscal transactions of the City which reflect generally accepted accounting standards and are in accordance with this Charter, governing state and federal law and regulations applicable to charter cities, and City ordinances. Such rules shall deal with procedures for accounting functions, reports, and financial transactions, including but not limited to contracts, bids, payroll, purchasing, and debt financing but shall not deal with procedurally correct substantive decisions or actions such as budget and administrative financial priorities or policies or the selection of vendors, bond firms, or financial institutions, which shall be the responsibility of the Mayor and his authorized subordinates or of the City Council as set forth in this Charter or by ordinances enacted in accordance with this Charter.
      (2)   Require City officials, employees, and departments to provide him or her such documents, information, data, and answers to questions relating to the City's financial transactions as he or she may deem necessary.
      (3)   Prepare financial statements and reports as he or she determines appropriate, as requested by the City Council or by the Mayor, or as required by City ordinance or state and federal law and regulations applicable to charter cities.
      (4)   Issue warrants for all payments of City obligations.
      (5)   Maintain the accounting records of the City.
      (6)   Administer and manage the City's payroll process, including but not limited to preparing and issuing payroll checks, provided, however, that the City Council may by ordinance transfer all or some payroll functions to a department of City government under the authority and direction of the Mayor.
      (7)   Provide training to City officials, employees, and departments concerning financial transaction rules, regulations, procedures, laws, and accounting practices.
      (8)   Prohibit the execution of all financial transactions whose procedures he or she determines violate generally accepted accounting practices, the provisions of this Charter, governing state and federal law and regulations applicable to charter cities, or City ordinances, provided, however, that he or she may not prohibit procedurally correct substantive decisions or actions such as budget and administrative financial priorities or policies or the selection of vendors, bond firms, or financial institutions, which shall be the responsibility of the Mayor and his authorized subordinates or of the City Council as set forth in this Charter or by ordinances enacted in accordance with this Charter.
      (9)   Advise the Mayor and his authorized subordinates and the City Council concerning debt financing, including but not limited to technical requirements, sound finance policy, and the selection of bond firms or financial institutions, and certify that all required debt financing procedures and requirements have been complied with before any debt financing agreement may be executed by the City.
      (10)   Prepare and certify to the County Auditor both annual and amended estimates of funds available for expenditure.
      (11)   Certify that the funds required for an order or contract have been lawfully appropriated and are in the Treasury or in the process of collection to the credit of an appropriate fund free from any previous encumbrances before any such order or contract may be executed by the City.
      (12)   Administer and manage the City's purchasing process, provided, however, that so long as all purchasing and bid regulations have been complied with, City departments under the direction of the Mayor shall decide what items are to be purchased and what vendors are to be chosen, and provided further that the City Council may by ordinance transfer all or some purchasing functions to a department of City government under the authority and direction of the Mayor.
      (13)   Certify that all bids are in accordance with proper bid procedures before the City may award a bid and may, in order to carry out this requirement, be present or have a designee present at all bid openings.
      (14)   Provide revenue estimates to the Mayor and City Council.
      (15)   Perform such other duties as may be prescribed by City ordinance so long as such duties are not prohibited by this Charter and do not violate state or federal law or regulations applicable to Charter cities.
      (16)   Appoint such Deputy Auditors as may be authorized by ordinance, who shall perform such duties as required by the Auditor. The Auditor may designate one or more of such Deputies to perform the duties of Auditor in the event of the temporary absence of the Auditor.
   (G)   Except for the administration of the Auditor’s office or department, and except to ensure compliance with appropriate fiscal, accounting or auditing standards, procedures, regulations, or laws, the Auditor may advise but shall not have any authority over Mayoral or Council policy decisions in the administration or implementation of the city budget. (Amended 11-6-62; 5-7-13)
SECTION 79.   CITY TREASURER - APPOINTMENT; TERM; SALARY; DUTIES GENERALLY
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on November 2, 2010.
SECTION 80.   SAME - PREPARATION AND SUBMISSION OF MONTHLY FINANCIAL STATEMENT TO COUNCIL
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on November 2, 2010.
SECTION 81.   CITY CONTRACTS - PURCHASES OR SALES
   Council may authorize the mayor to enter into contract for the purchase or provision of goods, services, real property, or personal property for the City under terms and conditions as authorized by Council. The Mayor shall approve all vouchers for the payment of the same.
   The Mayor shall also conduct all sales of real or personal property which the Council may authorize to be sold as having become unnecessary or unfit for the City's use.
   All purchases and sales shall conform to such regulations as the Council may from time to time prescribe. Where purchases or sales are made on joint account of separate departments, the Mayor shall apportion the charge or credit to each department.(Amended 11-2-10)
MISCELLANEOUS ADMINISTRATIVE PROVISIONS
SECTION 82.   TRUSTEES OF THE SINKING FUND
   EDITOR'S NOTE: The provisions of this section were repealed by the electors on May 4, 2010.
SECTION 83.   OTHER BOARDS AND DEPARTMENTS
   All other administrative departments in existence at the time of adoption of this Charter, shall continue until otherwise provided by the Council, and all administrative boards in charge of any administrative department of the City shall continue in office and their successors shall be appointed by the Mayor, excepting as other provisions are made in this Charter, or may hereafter be made by the Council.
   Excepting the officers, boards, commissions and departments specially mentioned and provided for in this Charter, the Council shall have power to establish, create, combine, or abolish offices, boards, departments or divisions when in its opinion the proper administration of the business of the City so requires.
SECTION 84.   SALARIES AND BONDS
   The Council shall fix by ordinance the compensation and benefits of all elected officials, officers, and employees of the City. The salary of elected officials shall be set in even-numbered years prior to the election and for the succeeding term of office, which shall not be changed during their term of office. Council may require any officer or employee to give bond for the faithful performance of their duty, in such an amount as it may determine, and it may provide that the premium thereof shall be paid by the City. All compensation and benefits, other than salary of elected officials, may be set and changed by Council during the term of office or employment, by ordinance. (Amended 5-3-11)
SECTION 85.   ETHICS
   (A)   Definitions. As used in this section:
      (1)   Authorize. "Authorize" means to approve, decide, direct, or vote to hire a person to an employment position.
      (2)   Employment position. "Employment Position" means any employment position, including a full-time, part-time, temporary, seasonal, or permanent position, and any paid internship or educational or training position.
      (3)   Ethics law. "Ethics Law" means any law which Ohio law places under the jurisdiction of the Ohio ethics commission to interpret or enforce.
      (4)   Family Member. "Family Member" means any of the following relatives, regardless of where they reside: (a) spouse, (b) child and step child, whether dependent or not, (c) sibling, (d) parent and step parent, (e) grandparent, (f) grand child, and (g) any other person related by blood or by marriage, who lives in the same household.
      (5)   Hire. "Hire" means to employ, appoint, or select a person for an employment position of the City.
      (6)   Supervisory Employee. "Supervisory Employee" means any employee who regularly supervises, directs, evaluates, or is otherwise in charge of subordinate employees.
   (B)   State Ethics Laws. No public official or employee of the City shall violate any ethics law of the state of Ohio. No provision of this charter or any ordinance or rule shall be construed to relieve any elected official, supervisor, or employee of the City from any requirement to comply with all provisions of state ethics laws.
   (C)   Ethics Ordinances. The City council may enact ordinances which are more restrictive but not less restrictive than state ethics laws.
   (D)   Ethics Rules. The mayor may by executive order issue ethics rules applying to employees of the City who are not elected officials. Such rules may be more restrictive but may not be less restrictive than state ethics laws or ethics ordinances of the City.
   (E)   Prohibition Against Hiring Family Members Of Elected Officials And Supervisors. Notwithstanding what may be permitted by state ethics laws, no person who is a family member of any elected official or supervisory employee of the City may be hired for any employment position by the City unless such person is employed as a classified employee in accordance with rules and procedures of general application adopted by the civil service commission. Persons who were hired in an unclassified employment position when no family member was an elected official or supervisory employee may continue in such position if any family member becomes an elected official or supervisory employee after such hiring but may not be promoted or transferred to another unclassified employment position so long as any family member remains an elected official or supervisory employee or any other family member subsequently becomes and remains an elected official or supervisory employee. Persons who were hired in any unclassified employment position before the effective date of this charter section when a family member was an elected official or supervisory employee may continue in such position after such hiring but may not be promoted or transferred to another unclassified employment position so long as any family member is or remains an elected official or supervisory employee or any other family member subsequently becomes and remains an elected official or supervisory employee.
   (F)   Prohibited Hiring Authorizations. No elected official or supervisory employee of the City shall authorize the hiring of a family member to any employment position prohibited by paragraph E of this section.
   (G)   Prohibited Hiring Participation. No elected official or supervisory employee of the City shall discuss, recommend, request, participate in, or attempt to influence the hiring of a family member to any employment position prohibited by paragraph E of this section. (Amended 5-3-11)
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