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SECTION 5.02   DEPARTMENT OF FINANCE AND FINANCES.
A.   DIRECTOR OF FINANCE.
   The Director of Finance shall be the head of the Department of Finance and shall have knowledge of and experience in accounting, taxation, budgets and financial control. The Director of Finance shall be appointed by the Mayor and must be confirmed by a majority of the members elected and appointed to Council. (Amended November 8, 2016)
B.   DUTIES OF DIRECTOR OF FINANCE.
   The Director of Finance shall be the fiscal officer of the Municipality and shall be responsible for the collection, disbursement, and custody of all funds. He/She shall establish and maintain those records and procedures necessary to perform his/her duties.
   The Director of Finance shall perform such other functions as may be assigned by ordinance or resolution or by order of the Mayor. He/She shall perform all other duties performed by city treasurers and city auditors under the general laws of the State of Ohio.
(Amended November 7, 2006)
C.   DEPUTY AND ASSISTANT DIRECTORS OF FINANCE.
D.   TRANSFERS OF APPROPRIATIONS.
   The Director of Finance may transfer an unencumbered appropriation balance or portion thereof between general classifications of expenditures within the various accounts for which a specific fund was established by the original or revised appropriation, under limits set by ordinance.
(Amended November 7, 2006)
E.   COMPETITIVE BIDDING.
   Any purchase of or contract for supplies, materials, labor, services or equipment shall be made in accordance with the provisions of the general laws of Ohio, including those relating to competitive bidding, to the extent not inconsistent with this Charter and ordinances of the Council, provided that Council shall not have power to change the dollar amount limit provided by the laws of Ohio below which competitive bidding is not required by municipalities. Any purchase of or contract for supplies, materials, labor, services or equipment by the Municipality in accordance with procedures established in the Ohio Revised Code for cooperative purchasing by the State of Ohio shall satisfy the competitive bidding requirements of this paragraph E. No contract involving an expenditure in excess of ten thousand dollars shall be awarded without the approval of a majority vote of Council.
(Amended November 6, 2018)
F.   LIMITATION ON RATE OF TAXATION.
   The power of Council to levy taxes shall be subject to the limitation now or hereafter provided by the Constitution and the laws of Ohio, and nothing contained in this Charter shall be construed as authorizing the levy of any taxes in excess of such limitations without a vote of the people.
(Amended November 8, 1994)
SECTION 5.03   BOARD OF CONTROL.
A.   COMPOSITION AND DUTIES.
   The Mayor, President of Council, Vice-President of Council, Director of Finance and Administrative Officer shall constitute the Board of Control of the Municipality. Each member shall have a vote. The Mayor shall be the presiding officer.
B.   APPROVAL OF CONTRACTS.
   No contract involving an expenditure in excess of five thousand dollars shall be awarded without the approval of the Board of Control. (Amended November 6, 2012; May 6, 2014; November 6, 2018)
C.   INVESTMENTS.
   The Board of Control shall direct the Director of Finance on the institution of the investments of the Municipality. (Amended November 8, 2016)
SECTION 5.04   DEPARTMENT OF LAW.
A.   SOLICITOR.
   The Solicitor shall be the head of the Department of Law and shall be appointed by the Mayor with the concurrence of a majority of the members elected and appointed to Council. The Solicitor shall be an attorney-at-law, admitted to the practice of law in the State of Ohio. The Solicitor shall be the legal advisor of and attorney and counsel for the Municipality and for all officers and divisions thereof in all matters relating to their official duties, and shall, when requested, give legal opinions in writing. The Solicitor shall represent the Municipality in all suits or cases in which it may be a party and shall prosecute all offenses against the ordinances of the Municipality and such offenses against the laws of Ohio as may be required. The Solicitor shall on request of the Council prepare contracts, legislation, bonds and other instruments in writing in which the Municipality is concerned, and shall endorse on each approval of the form and corrections thereof.
   The Solicitor shall make necessary editorial corrections and changes in the form of the Charter, but such changes shall relate to matters of form only, shall in all cases be approved by resolution of Council and shall in no event affect the construction, meaning, substance or intent of the Charter as adopted and amended by the people.
   (a)   The Solicitor shall correct obvious misspellings and typographical errors.
   (b)   The Solicitor may divide the text of any section or paragraph into shorter paragraphs or subparagraphs and letter or number the same to improve clarity and ease of reference.
   (c)   The Solicitor may renumber the sections and rearrange their order to provide:
      (1)   More coherent grouping of sections related in subject matter, and
      (2)   Continuous, consecutive numbers of sections.
   (d)    Upon the adoption of any Charter amendment that creates or abolishes an office or offices or changes the powers or duties of any officer or agency of the Municipality, the Solicitor shall make necessary correlative changes in existing sections that refer to such offices, officers or agencies by deleting therefrom, as the case may be, the name of the office abolished or the title of the officer or agency no longer having such powers or duties and inserting therein, as the case may be, the name of the office created or the title of the officer or agency then having such powers or duties.
   The Solicitor shall perform such other duties as the Mayor or Council may impose consistent with the office.
   At such times that an assistant and/or special counsel to the Solicitor is deemed necessary by the Mayor, Council shall provide for their services. The Solicitor and any assistants or special counsel need not reside in the Municipality.
(Amended November 8, 2016)
SECTION 5.05   DEPARTMENT OF PUBLIC SAFETY.
A.   DIRECTOR OF PUBLIC SAFETY.
   The Mayor shall appoint a Director of Public Safety who must be confirmed by a majority of the members elected and appointed to Council. The Administrative Officer shall be the Director of Public Safety until such time as Council shall by ordinance provide for some other person as Director of Public Safety. The Department of Public Safety shall include, but need not be limited to, a Police Division and a Fire and Emergency Medical Services Division. The Department of Public Safety shall be organized by ordinance of Council.
B.   DUTIES OF THE DIRECTOR OF PUBLIC SAFETY.
   The Director of Public Safety shall be responsible for the enforcement of all police, fire and emergency medical services and all health, safety and sanitary requirements that may be prescribed by resolutions and ordinances of the Municipality or by laws of the State of Ohio. The Director of Public Safety shall have all the powers and duties connected with and incident to the appointment, regulation and government of the Department of Public Safety, and the removal and discipline of the officers and employees thereof, as are now or may hereafter be conferred upon the Director of Public Safety of a city by the general laws of the State of Ohio as supplemented by legislation of Council to the extent they are not inconsistent with this Charter.
C.   POLICE DIVISION.
   The Police Division shall consist of a Chief of Police and such other officers, patrolmen and personnel as Council shall provide by ordinance.
   The Chief of Police shall be responsible for the issuance of all licensing in the Municipality pertaining to peddlers, going out of business sales, fire sales, bankrupt sales, organization solicitation or other activities authorized by Council.
   The Police Division shall be responsible for all traffic controls. This shall include the normal duties of traffic law enforcement, surveys of traffic density within the Municipality for recommendations to Council and/or the State of Ohio for the installation of traffic lights or traffic signs, and other controls deemed necessary by Council.
D.   FIRE AND EMERGENCY MEDICAL SERVICES DIVISION.
   The Fire and Emergency Medical Services Division shall consist of the Fire Chief and such other officers, fire-fighters and personnel as Council shall provide by ordinance.
(Amended November 8, 1994)
SECTION 5.06   DEPARTMENT OF PUBLIC SERVICE.
A.   DIRECTOR OF PUBLIC SERVICE.
   The Administrative Officer shall be the Director of Public Service until such time as Council shall by ordinance provide for some other person as Director of Public Service.
   The Mayor shall appoint a Director of Public Service who must be confirmed by a majority of the members elected and appointed to Council.
B.   DUTIES OF THE DIRECTOR OF PUBLIC SERVICE.
   The Director of Public Service shall have the responsibility for construction, improvement and maintenance of Municipally-owned utilities, public works, buildings, grounds, cemeteries, parks, roads, streets and all other public places of the Municipality, and for the collection and disposal of wastes. The Director of Public Service shall have charge of, and shall supervise the maintenance of, all Municipal property and equipment, and the storage of all materials and supplies. The Director of Public Service shall be responsible for the issuance of all building and zoning permits, supervise the administration and enforcement of the zoning and building ordinances, and perform such other duties as Council may require. The Director of Public Service shall have all the powers and duties connected with and incidental to the appointment, regulation and government of the Department of Public Service, and the removal and discipline of the officers and employees thereof, as are now or may hereafter be conferred upon the Director of Public Service of a city by the general laws of the State of Ohio as supplemented by legislation of Council to the extent they are not inconsistent with this Charter.
C.   MUNICIPAL ENGINEER.
   The Mayor shall appoint, subject to confirmation by a majority of the members elected and appointed to Council, a Municipal Engineer who shall be a graduate engineer and registered professional engineer in the State of Ohio.
   The Municipal Engineer shall be required to make such engineering studies as may be required by the Department of Public Service other than those which are of such magnitude as to require, in the opinion of the Mayor and Council, the services of outside consulting engineers or professional architects. The Municipal Engineer shall be functionally responsible for the satisfactory completion of such projects as come under the Municipal Engineer's jurisdiction, but shall not have direct authority over the employees of the Department of Public Service.
(Amended November 8, 1994)
SECTION 5.07   PERSONNEL DEPARTMENT.
A.   DIRECTOR OF PERSONNEL.
   The Mayor shall appoint a Director of Personnel who must be confirmed by a majority of the members elected and appointed to Council. The Administrative Officer shall serve as the Director of Personnel until such time as Council shall by ordinance provide for some other person as Director of Personnel.
B.   GENERAL PROVISIONS.
   In the interest of establishing and maintaining a sound personnel policy so that qualified career personnel may be attracted by openings in the various Municipal departments and to assure their fair and equitable treatment after employment, there shall be a Personnel Department, whose functions shall be to:
   (a)   Establish a system of job classification and description covering all departments and personnel thereof.
   (b)   Establish and recommend to Council for adoption a salary schedule covering the established classifications, together with a system for periodic review of salaries by department heads so that satisfactory performance may be rewarded by salary increases within the established limits for the various classifications.
   (c)   Determine and recommend to Council those positions which shall be placed in the classified service of the civil service, with the intent that to the greatest possible extent positions in the Municipal government and its departments shall be free from the "spoils system" so that qualified employees may be attracted to and held in these positions.
   (d)   Serve as the employment department for the Municipality to the extent that all requests for personnel shall be handled through this department. It shall be its function to receive all applications for these positions, screen the applicants for proper qualification, and recommend to the various department heads those whom it deems qualified.
C.   PERSONAL INTEREST.
   No officer or employee of this Municipality shall directly or indirectly solicit, contract for or receive any gift, profit or emolument from or on account of any contract, job, work or service with or for the Municipality, other than his or her compensation and expenses as fixed by Council under penalties provided by the statutes of the State of Ohio.
(Amended November 8, 1994)
SECTION 5.08   DEPARTMENT OF COMMUNITY DEVELOPMENT.
A.   GENERAL PROVISIONS.
   Council shall provide by ordinance for the organization of the Department of Community Development.
B.   DIRECTOR OF COMMUNITY DEVELOPMENT.
   The Director of Community Development shall be the head of the Department of Community Development and shall be appointed by the Mayor and confirmed by a majority of the members elected and appointed to Council.
C.   DUTIES OF THE DIRECTOR OF COMMUNITY DEVELOPMENT.
   The Director of Community Development shall serve as a planning advisor and coordinator, and community promoter for the Municipality. The Director shall have the responsibility for enhancing and attracting orderly, beneficial growth within the Municipality. The Director shall confer regularly with the Mayor, the Council and the Planning Commission, and shall be an ex officio member of the Planning Commission.
SECTION 5.09   ADMINISTRATIVE DEPARTMENT REMOVALS.
   The Administrative Officer, Solicitor, Directors of Finance, Public Safety, Public Service, Personnel, and Community Development, and the Municipal Engineer, may only be removed by the Mayor with the majority of the members elected and appointed to Council in accordance with the provisions of subsections (a) through (f) in Section 9.04 of this Charter. The Solicitor, Directors of Finance, Public Safety, Public Service, Personnel, and Community Development, and the Municipal Engineer, have the right to be heard on the question of removal at a public hearing of Council, which shall be held not earlier than twenty days, nor later than thirty days, of the written request for a hearing. This request shall be made within ten days after the Mayor's decision to remove. Pending confirmation of removal by Council, and for that reason only, and for that period only, the Mayor may suspend the Administrative Officer, the Solicitor, Directors of Finance, Public Safety, Public Service, Personnel, and Community Development, and the Municipal Engineer, from office. The removal decision of Council shall be final.
(Amended November 8, 1994)
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