(a) For purposes of this Section 149.03, the following terms shall have the meanings ascribed herein.
(1) "Department Head" shall mean any of the following: Police Chief, Fire Chief, Building Commissioner, Service Director, Recreation Director, Economic Development Director, Fiscal Officer, Clerk-Treasurer, Solicitor, and any other director or head of a municipal department.
(2) "Employee" shall mean any full-time employee, part-time employee, independent contractor, appointed official, Department Head, clerk of court, magistrate, prosecutor, or elected official, including the Mayor and any member of Council.
(3) "Promptly" shall mean with relative speed, but in no case more than seven (7) days.
(4) "Village Property" shall mean: Any physical, tangible, electronic or digital property of the Village, including, but not limited to, equipment, gear, machinery, any badge or identification, vehicle, keys, key-fob, access cards, body cameras, turnout gear, tools, computer hardware and software, public records as defined in Ohio Revised Code Section 149.43, Village confidential information, documents and files in any format, including any physical form or any electronic, digital, audio, or other medium, online account information, passwords, social media accounts, bank accounts and/or other banking information, subscriptions, email accounts and addresses, Village cell phones including information and/or data stored thereon, and the like, or any other tangible or electronic or digital property identified by the Village.
(b) Upon termination of employment or separation, termination or removal from elected office, an Employee shall be obligated to promptly return Village Property to the Village.
(c) Compliance with subsection (b) hereof shall be accomplished as follows. An Employee shall return Village Property to the Employee's Department Head or direct report, except as otherwise set forth in this subsection (c). Any Department Head shall return Village Property to the Mayor. The Mayor and/or any member of Council shall return Village Property to the Fiscal Officer.
(d) Violation of the obligation set forth in subsection (b) hereof shall be a fourth degree misdemeanor, unless, in the judgment of the Village prosecutor, such offense rises to the level of a violation of Codified Ordinance Section 545.05
entitled "Petty Theft" or Codified Ordinance Section 545.08
entitled "Unauthorized Use of Property," in which case, in the Village prosecutor's discretion, the violator may be charged under one or both of those sections.
(Ord. 2022-44. Passed 6-7-22.)