The Council shall have and possess:
(a) All of the legislative powers of the Municipality as are now or hereafter may be granted by the Constitution of Ohio to legislative bodies of municipalities, and such other powers as may be granted by this Charter and as are now or may hereafter be granted by applicable laws to Boards of Control, Municipal Tax Commissions, Boards of Trustees of Public Affairs, or any other municipal commission, board, or body now or hereafter created, except as otherwise provided by law or this Charter.
(b) The power to create offices and departments of the Municipality as herein provided, and such additional offices and departments as the Council by ordinance or resolution finds to be necessary, and the power to fix the duties, bonds, and compensation for all department officers and officials.
(c) The power, by motion, to approve and confirm or to disapprove and reject all appointments made by the Mayor to fill such offices and departments created under this Charter, or created by action of Council.
(d) The power to fix the number of employees in the various departments of the Municipality and to fix the rate of their compensation.
(e) The power to provide for and to determine, by ordinance or resolution, the following matters:
(1) The amount of money that may be expended pursuant to contracts without formal advertising and bidding, and the various purposes and reasons for and circumstances under which contractual expenditures shall not be subject to advertising and bidding, including but not limited to:
(i) Professional service contracts;
(ii) Contracts for the expenditure of money in the time of emergency as defined by the Council;
(iii) The purchase of new or used equipment at auctions or where the Municipality submits written bids to the vendor;
(iv) Joint purchasing pursuant to agreements with other governmental units, whether state, local, or federal;
(v) Sole source contracts or contracts where the Council determines that formal competitive bidding is not practical or is not in the best interests of the Municipality;
(vi) The selection of construction managers; and
(vii) Other circumstances as provided by ordinance and resolution.
(2) The procedures and methods to be followed with respect to contracting and purchasing on behalf of the Municipality, including the power to determine the method of and procedure for making, awarding, advertising, modifying, and enforcing contracts with the Municipality, and the method, procedure, time, and manner of payment thereunder; and
(3) The matter of whether contracts shall be awarded pursuant to separate trades or whether a general contractor or some other method of contracting shall be utilized, which matter shall be determined by the Council either by a general ordinance or resolution or by specific action with respect to particular projects taken by ordinance or resolution; and
(4) The power to establish, by ordinance, procedures and policies for execution of amendments to contracts already authorized by Council, through ordinance.
(f) The power to expel or remove any member of Council or the Mayor for:
(1) Gross misconduct, misfeasance, malfeasance, or nonfeasance in office;
(2) Disqualification from holding office;
(3) Conviction while in office of any felony;
(4) Conviction while in office of any misdemeanor involving theft or fraud;
(5) Conviction while in office of any misdemeanor involving any offense against justice or public administration;
(6) Conviction while in office of any misdemeanor offense involving moral turpitude;
(7) Violation of the oath of office;
(8) Persistent failure to abide by the rules of Council; or
(9) Absence without justifiable excuse for three (3) consecutive regular meetings of Council.
(10) Any such expulsion or removal shall not take place except on concurrence of five (5) of the members of Council nor until the accused officer shall have been notified in writing of the charge at least ten (10) days in advance of any hearing upon such charge, and until the member or the member's counsel shall have been given the opportunity to appear before Council and be heard, present evidence, and examine witnesses appearing in support of the charge.
(11) As used in this section, "moral turpitude" means a requisite lack of social conscience and depravity beyond any established criminal intent.
(Amended 11-8-05.)