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(A) Generally. The Mayor shall have general supervision over each department and the officers provided for in Title VII of the Ohio Revised Code. When the Mayor has reason to believe that the head of a department or an officer has been guilty, in the performance of his or her official duty, of bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality, or habitual drunkenness, he or she shall immediately file with the Legislative Authority, except when the removal of the head of the department or officer is otherwise provided for, written charges against the person, setting forth in detail a statement of alleged guilt, and, at the same time, or as soon thereafter as possible, serve a true copy of the charges upon the person against whom they are made. Service may be made on the person or by leaving a copy of the charges at the office of the person. Return thereof shall be made to the Legislative Authority, as is provided for the return of the service of summons in a civil action.
(R.C. § 733.35)
(B) Hearing of charges; action of the Legislative Authority. Charges filed with the Legislative Authority under division (A) of this section shall be heard at the next regular meeting thereof, unless the Legislative Authority extends the time for the hearing, which shall be done only on the application of the accused. The accused may appear in person and by counsel, examine all witnesses, and answer all charges against him or her. The judgment or action of the Legislative Authority shall be final, but to remove the officer the votes of two-thirds of all members elected thereto shall be required.
(R.C. § 733.36)
(C) Suspension of accused pending hearing. Pending any proceedings under division (A) and (B) of this section, an accused person may be suspended by a majority vote of all members elected to the Legislative Authority, but the suspension shall not be for a longer period than 15 days, unless the hearing of the charges is extended upon the application of the accused, in which event the suspension shall not exceed 30 days.
(R.C. § 733.37)
(D) Power of the Legislative Authority as to process. For the purpose of investigating charges filed pursuant to division (A) of this section against the head of any department or officer, the Legislative Authority may issue subpoenas or compulsory process to compel the attendance of persons and the production of books and papers before it, and the Legislative Authority may provide by ordinance for exercising and enforcing this section.
(R.C. § 733.38)
(E) Oaths; compulsory testimony; costs. In all cases in which the attendance of witnesses may be compelled for an investigation under division (D) of this section, any member of the Legislative Authority may administer the requisite oaths, and the Legislative Authority has the same power to compel the giving of testimony by attending witnesses as is conferred upon courts. In all these cases, witnesses shall be entitled to the same privileges and immunities as are allowed witnesses in civil cases. Witnesses shall be paid the same fees and mileage provided for under R.C. § 1901.26, and the costs of all such proceedings shall be payable from the General Fund of the municipality.
(R.C. § 733.39) (Rev. 2010)
When the Mayor is absent from the municipality, or is unable for any cause to perform his or her duties, the President Pro Tempore of the Legislative Authority shall be acting Mayor. In case of the death, resignation, or removal of the Mayor, the President Pro Tempore shall become the Mayor and shall hold office until his or her successor is elected and qualified. Such successor shall be elected to the office for the unexpired term at the first regular municipal election that occurs more than 40 days after the vacancy has occurred, except that when the unexpired term ends within one year immediately following the date of the election, an election to fill the unexpired term shall not be held and the President of the Legislative Authority shall hold the office for the unexpired term.
(R.C. § 733.25)
(A) Except as otherwise provided in R.C. § 4511.193, all fines, forfeitures and costs in ordinance cases and all fees that are collected by the Mayor, that in any manner come into the Mayor’s hands, or that are due the Mayor or the Chief of Police or other officer of the municipality, any other fees and expenses that have been advanced out of the treasury of the municipality, and all money received by the Mayor for the use of the municipality shall be paid by the Mayor into the treasury of the municipality on the first Monday of each month. At the first regular meeting of the Legislative Authority each month, the Mayor shall submit a full statement of all money received, from whom and for what purposes received, and when paid into the treasury. Except as otherwise provided by R.C. § 307.515 or R.C. § 4511.19, all fines and forfeitures collected by the Mayor in state cases, together with all fees and expenses collected that have been advanced out of the county treasury, shall be paid by the Mayor to the county treasury on the first business day of each month. Except as otherwise provided by R.C. § 307.515 or R.C. § 4511.19, the Mayor shall pay all court costs and fees collected by the Mayor in state cases into the municipal treasury on the first business day of each month.
(B) This section does not apply to fines collected by the Mayor’s Court for violations of R.C. § 4513.263(B), or any substantially equivalent municipal ordinance, all of which shall be forwarded to the Treasurer of State as provided in R.C. § 4513.263(E).
(R.C. § 733.40) (Rev. 2010)
CLERK
The Clerk shall be elected for a term of four years, commencing on April 1 next after his or her election. He or she shall be an elector of the municipality.
(R.C. § 733.26)
Cross-reference:
Vacancies, filling of, see § 30.07(D)
Statutory reference:
Continuing education programs for fiscal officer, see R.C. § 733.81
(A) The Clerk shall attend all meetings of the Legislative Authority and keep a record of its proceedings and of all rules, bylaws, resolutions, and ordinances passed or adopted, which shall be subject to the inspection of all persons interested. In case of the absence of the Clerk, the Legislative Authority shall appoint one of its members to perform his or her duties.
(B) The Clerk shall attend training programs for new clerks and annual training programs of continuing education for clerks that are provided by the Auditor of State pursuant to R.C. § 117.44.
(R.C. § 733.27) (Rev. 1997)
The Clerk shall keep the books of the municipality, exhibit accurate statements of all moneys received and expended, of all the property owned by the municipality and the income derived therefrom, and of all taxes and assessments. The Legislative Authority may, by majority vote, merge the duties of the Clerk of the Board of Trustees of Public Affairs with those of the Clerk, allowing the Clerk such additional assistance and compensation in performing the additional duties as the Legislative Authority determines.
(R.C. § 733.28)
The Legislative Authority shall provide a seal for the Clerk, in the center of which shall be the name of the municipality, and around the margin “Village Clerk”, an impression of which seal shall be affixed to all transcripts, orders, certificates, or other papers requiring authentication.
(R.C. § 733.29)
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