A. Powers, Number and Terms. All the legislative powers of the City of Oberlin, except as limited by this Charter and the Constitution of Ohio, shall be vested in a Council of seven (7) members elected at large in a nonpartisan election, for a term of two (2) years. Members shall serve concurrently, beginning on the first Monday of January of the year following their election and until their successors are elected and qualified, and no member shall be elected to more than five (5) consecutive terms.
B. Qualifications. No person shall be eligible to be a member of Council unless at the time of their election or appointment they are qualified under the then existing requirements for election of council members of municipalities set forth in the Constitution and laws of the State of Ohio. No person shall continue to serve as a member of Council unless, during their term of office, they shall continue to be a resident. No member of Council shall hold any appointive office within the Municipality. No member shall be interested in the profits or emoluments of any contract, job, work or service for which monies of the Municipality are, or will be expended. A municipal employee of the City of Oberlin shall not be eligible to serve as a member of Council. An employee of the City Schools of the City of Oberlin or any other school district or educational system shall be eligible to serve as a member of Council.
(Amended May 7, 1974; Init. 11-7-78; amended Nov. 2, 2004.)
C. Removal. Council shall be the sole and final judge of the election and qualification of its members, subject however to the recall provision of this Charter. It may expel or remove any member for gross misconduct, or for misfeasance, malfeasance or nonfeasance in, or disqualification from holding office, or for conviction while in office of a crime involving moral turpitude, or for the violation of their oath of office, or for persistent failure to abide by the rules of Council, or for absence without justifiable excuse for three consecutive regular meetings of Council. Such expulsion shall not take place except on concurrence of five (5) of the members of Council, nor until the accused member shall have been notified in writing of the charge against them at least ten days in advance of any hearing upon such charge, and until they or their 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.
(Amended Nov. 8, 1994)
D. Vacancies. Whenever the office of a member of Council becomes vacant for any reason, the vacancy shall be filled for the unexpired term by a majority vote of the remaining members of Council. Each Council member appointed to fill a vacancy shall hold office for the balance of the unexpired term, or until they or their successor is elected and qualified.
E. Salaries. Council may determine and fix the salary of its members at its discretion; but the salaries of Council members shall not be increased or decreased during the elective term of office which they are serving. If Council determines to change the established salary in respect to a succeeding term of office, such change must be made by Council on or before the first day of February of the second year of the elective term then being served by Council. Unless and until the salary is so changed it shall remain as last fixed. The salaries of Council members shall be paid in equal monthly installments.
F. Meetings and Organization. During the first regular meeting in January following each regular municipal election, Council shall meet for the purpose of organization. Thereafter Council shall meet at such times as may be prescribed by its rules, regulations, ordinances, and bylaws; but it shall hold regular meetings at least twice during the calendar months of the year, with the exception of the months of July and August, during each of which months Council may at its discretion dispense with one of its regular meetings. All meetings of the Council, whether regular or special, shall be open to the public except as is otherwise authorized by State law. Meetings of Council shall be conducted in accordance with the provisions of State law or as may otherwise be prescribed by Ordinance of Council approved by at least a 5/7th majority of its members.
(Amended November 4, 2014; November 2, 2021; and March 19, 2024)
G. Police Justice. (EDITOR'S NOTE: Subparagraph G. was repealed by the voters on November 8, 1995. Former subparagraph H. was redesignated as subparagraph G.)
H. President of Council. The Council shall select one of its members to serve as the presiding officer at the time of its organization. This member will hold the title of President of Council and Mayor. In their capacity as Mayor, they will be recognized as the official head of the Municipality for all ceremonial purposes, and by the Governor for military purposes. The President of the Council will be authorized to execute legal instruments for the Municipality but will have no other administrative functions. They will have all the powers, duties, functions, obligations, and rights of any other member of Council.
At the same time a Vice-President also shall be selected by Council, and shall serve as presiding officer and/or Mayor in the absence of the person serving the combined position as President-Mayor.
(Amended Nov. 4, 2014.)