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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)
(A) Office of Clerk-Treasurer.
(1) (a) The Legislative Authority may, by ordinance or resolution passed by at least a majority vote, combine the duties of the Clerk and the Treasurer into one office, to be known as the Clerk-Treasurer. The combination shall be effective on January 1 following the next regular municipal election at which the Clerk is to be elected, provided that a Clerk-Treasurer shall be elected at such election pursuant to this section and shall be elected for a term of four years, commencing on the first day of April following his or her election. Between the first day of January and the first day of April following such an election, the Clerk shall perform the duties of Clerk-Treasurer. Council shall file certification of the action with the Board of Elections not less than 120 days before the day of the next municipal primary election at which the Clerk is to be elected, provided that in villages under 2,000 population in which no petition for a primary election was filed pursuant to R.C. § 3513.01, or in villages in which no primary is held pursuant to R.C. § 3513.02, the action shall be certified to the Board of Elections not less than 120 days before the next general election at which the Clerk is to be elected.
(b) At the succeeding regular municipal election and thereafter, the Clerk-Treasurer shall be elected for a term of four years, commencing on the first day of April following the Clerk-Treasurer’s election. The Clerk- Treasurer shall be an elector of the municipality.
(2) In addition to the circumstances described in division (A)(1) of this section, when a vacancy exists in the office of Treasurer or Clerk, the Legislative Authority may, by ordinance or resolution passed by at least a majority vote, combine the duties of the Clerk and the Treasurer into one office, to be known as the Clerk-Treasurer. The combination shall be effective on the effective date of the ordinance or resolution combining the duties of the offices of Clerk and Treasurer. At the next regular municipal election at which the Clerk would have been elected and each four years thereafter, the Clerk-Treasurer shall be elected for a term of four years, commencing on the first day of April following the Clerk-Treasurer’s election. The Clerk-Treasurer shall be an elector of the municipality.
(3) The Clerk-Treasurer shall perform the duties provided by law for the Clerk and the Treasurer. All laws pertaining to the Clerk and to the Treasurer shall be construed to apply to the Clerk-Treasurer, provided that the initial compensation for the office of Clerk-Treasurer shall be established by the Legislative Authority and that action shall not be subject to R.C. § 731.13 relating to the time when the compensation of elected officials shall be fixed and pertaining to changes in compensation of officials during the term of office.
(4) If and when the municipality has a Clerk- Treasurer, the Legislative Authority may separate the offices by ordinance or resolution passed by at least a majority vote. The action to separate the offices may be taken in either of the following circumstances:
(a) When a vacancy exists in the office of Clerk-Treasurer, in which case the separation shall be effective upon the effective date of the ordinance or resolution.
(b) When the action of the Legislative Authority is certified to and filed with the Board of Elections not less than 120 days before the day of the next primary election at which the Clerk and Treasurer are to be elected, provided that in villages under 2,000 population in which no petition for a primary election was filed pursuant to R.C. § 3513.01, or in villages in which no primary is held pursuant to R.C. § 3513.02, the action shall be certified to the Board of Elections not less than 120 days before the next general election at which the Clerk and Treasurer are to be elected.
(R.C. § 733.261) (Rev. 2011)
(B) Office of Fiscal Officer.
(1) (a) In lieu of having the elected office of Clerk and the office of Treasurer, or the combined elected office of Clerk-Treasurer, the municipality may combine the duties of the Clerk and Treasurer into one appointed office, to be known as the Fiscal Officer. To make this change, the Legislative Authority shall pass, by a two-thirds vote, an ordinance or resolution proposing to make the change effective on the first day of January following the next regular municipal election at which the Clerk or Clerk- Treasurer is to be elected.
(b) So that no election for the office of Clerk or Clerk-Treasurer is held after the passage of the ordinance or resolution, the Legislative Authority shall file a certified copy of the ordinance or resolution with the Board of Elections not less than 120 days before the day of the next succeeding municipal primary election at which candidates for the office of Clerk or Clerk-Treasurer are to be nominated, or, in villages with a population of under 2,000 in which no petition for a primary election is filed under R.C. § 3513.01 or in villages in which no primary is held under R.C. § 3513.02, not less than 120 days before the next succeeding regular municipal election at which the Clerk or Clerk-Treasurer is to be elected.
(2) In addition to the circumstances described in division (B)(1) of this section, when a vacancy exists in the office of Clerk or Clerk-Treasurer, the Legislative Authority may pass, by a two-thirds vote, an ordinance or resolution to combine the duties of the Clerk and the Treasurer into the appointed office of Fiscal Officer. That change shall take effect on the effective date of the ordinance or resolution.
(3) A Fiscal Officer appointed under this section shall perform the duties provided by law for the Clerk and Treasurer and any other duties consistent with the nature of the office that are provided for by municipal ordinance.
(4) (a) A Fiscal Officer shall be appointed by the Mayor, but that appointment does not become effective until it is approved by a majority vote of the Legislative Authority. The Fiscal Officer need not be an elector of the village or reside in the village at the time of appointment; however, the Fiscal Officer shall become a resident of the village within six months after the appointment takes effect, unless an ordinance is passed approving the Fiscal Officer’s residence outside of the village.
(b) The Fiscal Officer may be removed without cause either by the Mayor with the consent of a majority of the members of the Legislative Authority or by a three-fourths vote of the Legislative Authority with or without the consent of the Mayor.
(5) (a) The Legislative Authority of a village that has a Fiscal Officer may abolish that appointed office and return to an elected office of Clerk-Treasurer by passing an ordinance or resolution by a two-thirds vote.
(b) If a vacancy exists in the office of Fiscal Officer when this ordinance or resolution is passed, the abolition shall take effect on the effective date of the ordinance or resolution, and the Mayor shall appoint a Clerk-Treasurer to serve until the first day of April following the next regular municipal election at which a Clerk-Treasurer can be elected. So an election can be held, the Legislative Authority shall file a certified copy of the ordinance or resolution with the Board of Elections not less than 120 days before the day of the next succeeding municipal primary election.
(c) If a vacancy does not exist in the office of Fiscal Officer when the abolishing ordinance or resolution is passed, the Legislative Authority shall certify a copy of the ordinance or resolution to the Board of Elections not less than 120 days before the day of the next succeeding municipal primary election.
(d) The person elected at the next regular municipal election as Clerk-Treasurer under the circumstances described in this division shall serve a four- year term commencing on the first day of April following that election.
(R.C. § 733.262) (Rev. 2011)
Statutory reference:
Continuing education programs for fiscal officer, see R.C. § 733.81
TREASURER
The Treasurer shall be elected for a term of four years, commencing on January 1 next after his or her election. He or she shall be an elector of the municipality.
(R.C. § 733.42)
Cross-reference:
Vacancies, filling of, see § 30.07(D)
Statutory reference:
Continuing education programs for Treasurers, see R.C. §§ 135.22 and 733.81
(A) The Treasurer shall keep an accurate account of:
(1) All moneys received by him or her, showing the amount thereof, the time received, from whom, and on what account received;
(2) All disbursements made by him or her, showing the amount thereof, the time made, to whom, and on what account paid.
(B) He or she shall so arrange his or her books so that the amount received and paid on account of separate Funds, or specified appropriations, shall be exhibited in separate accounts. In addition to the ordinary duties of the Treasurer, he or she shall have such powers and perform such duties as are required by any ordinance of the municipality, not inconsistent with Title VII of the Ohio Revised Code, and not incompatible with the nature of the office.
(R.C. § 733.43)
(A) The Treasurer shall demand and receive from the County Treasurer taxes levied and assessments made and certified to the County Auditor by the Legislative Authority, and placed on the tax list by the Auditor for collection, moneys from persons authorized to collect or required to pay them, accruing to the municipality from any judgments, fines, penalties, forfeitures, licenses, and costs taxed in Mayor’s Court, and debts due the municipality. These funds shall be disbursed by the Treasurer and County Auditor on the order of any person authorized by law or ordinance to issue orders therefor.
(B) The Treasurer of a village that does not have a charter form of government shall not disburse any funds except upon an order signed by at least one member of the Legislative Authority or the Village Clerk and countersigned by the Treasurer. The Clerk-Treasurer or fiscal officer of a village that does not have a charter form of government shall not disburse any funds except upon an order signed by at least one member of the Legislative Authority and countersigned by the Clerk-Treasurer or village fiscal officer.
(R.C. § 733.44) (Rev. 2018)
The Treasurer shall settle and account with the Legislative Authority, quarterly, and at any other time which it by resolution or ordinance requires. At the first regular meeting of the Legislative Authority in January of each year, the Treasurer shall report to it the condition of the finances of the municipality, the amount received by the Treasurer, the sources of the receipts, the disbursements made by him or her, and on what account, during the year preceding. This account shall exhibit the balance due on each fund which has come into the Treasurer’s hands during the year.
(R.C. § 733.45)
(A) The Treasurer shall receive and disburse all funds of the municipality and such other funds as arise in or belong to any department or part of the municipality, except as provided in division (B) of this section.
(B) The Treasurer of a village that does not have a charter form of government shall not disburse any funds except upon an order signed by at least one member of the Legislative Authority or the Village Clerk and countersigned by the Treasurer. The Clerk-Treasurer or fiscal officer of a village that does not have a charter form of government shall not disburse any funds except upon an order signed by at least one member of the Legislative Authority and countersigned by the Clerk-Treasurer or village fiscal officer.
(R.C. § 733.46) (Rev. 2018)
The Treasurer, at the expiration of his or her term of office, or on his or her resignation or removal, shall deliver to his or her successor, all moneys, books, papers, and other property in his or her possession as Treasurer. In the case of the death or incapacity of the Treasurer, his or her legal representatives shall, in like manner, deliver the money and property which were in the Treasurer’s hands to the person entitled thereto.
(R.C. § 733.47)
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