ARTICLE VI Judicial Powers

   The Mayor shall have all the judicial powers granted generally by the laws of Ohio to mayors of cities unless, until and to the extent that other lawful provisions shall be made for the exercise of all or any such powers.

(Adopted November 8, 1955)

ARTICLE VII The Council

SECTION 1. MEMBERSHIP AND ELECTION.

   The legislative powers of the City, except as limited by the Charter, shall be vested in a Council consisting of seven (7) members, one (1) elected from each of the seven (7) districts as provided for in this Charter.

(Amended February 2, 2006; Amended November 7, 2006)

SECTION 2. VACANCY.

   In the event a vacancy shall occur in Council for any reason, the vacancy shall be filled for the unexpired term with a successor from the district in which the vacancy occurred, within thirty (30) days next following the vacancy, by majority vote of the remaining district Councilpersons, with the President of Council to be entitled to vote in case of a tie. If not so filled, the power of Council to do so shall lapse and the Mayor shall choose the successor for the unexpired term within ten (10) days, from the district in which the vacancy occurred. A vacancy shall be determined to exist when an intention to resign is expressed in writing, and if no effective date is stated, it shall be the first act of relinquishment evidencing fulfillment of the intent to resign. A successor appointed to fill a vacancy of an unexpired term must meet the same qualifications of an elected member under Article III, Section 1.

(Adopted November 4, 1986; Amended November 5, 1996; Amended November 7, 2006)

SECTION 3. MEETINGS.

   At seven (7) o'clock p.m. on the first Wednesday of the new term following a regular Municipal election and certification of the newly elected officials by the Board of Elections of Cuyahoga County, or as soon as practicable thereafter if the first Wednesday is a legal holiday, the Council shall meet at the usual place of holding Council meetings, at which time the newly elected members of Council shall be officially sworn in and assume the duties of their office. Thereafter the Council shall meet at such times and places as may be prescribed by ordinance or resolution. The Mayor, President of Council, or any three (3) members thereof may call special meetings of the Council upon written notice served by electronic transmission or personally upon each member at his or her usual place of residence, at least twenty-four (24) hours previous to the time fixed for such meetings, except in cases of public emergency. Any such request for special meetings shall state the specific subjects to be considered at the meeting and no other shall be there considered.

(Adopted November 4, 1986; Amended November 2, 2010; Amended November 2, 2021)

SECTION 4. ORGANIZATION.

   The Council shall be the judge of the election and qualification of its members. A majority of all 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 shall be necessary to adopt any ordinance or resolution except that a three-quarters (3/4) vote of the members of Council shall be necessary to sell, buy, trade or exchange recreational, service, transit or safety lands and all other present and future public lands, and on the passage thereof a vote shall be taken by yeas and nays and entered upon the journal. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings. All meetings of Council and Council committees called for the purpose of transacting public business, where a majority of the members are present, shall be open to the public unless a private executive session is called pursuant to the Ohio Revised Code. Any citizen shall have access to the minutes and records of any public meeting at all reasonable times.

(Adopted November 8, 1988)

SECTION 5. PRESIDENT OF COUNCIL.

   The President of Council shall preside at all regular and special meetings of Council, but shall have no vote therefore, except in case of a tie and shall perform such duties as presiding officer as may be imposed upon him or her by the Council. If the office of President of Council becomes vacant, the President pro tem shall assume the office, perform the duties thereof and shall be relieved of the rights and duties of a district Councilperson.

   At the first meeting of the new term following a regular Municipal election, or as soon thereafter as may be, the Council shall elect one of its members Council President pro-tem, who shall assume the office of President of Council in the event said office becomes vacant, perform the duties thereof and shall be relieved of the rights and duties as a district Councilperson. The district Council office shall be declared vacant and a successor elected in accordance with the terms of this Charter.

(Adopted November 2, 1976; Amended November 2, 2010)

SECTION 6. CLERK AND OTHER OFFICERS.

   The Council shall create such positions and appoint such employees as may be necessary in the performance of its work.

(Adopted November 4, 1986)