The Planning Commission shall consist of five (5) persons appointed by the Mayor- President of Council with the advice and consent of the Council. The terms of the members of the Planning Commission shall be five (5) years; except that the term of one of the members of the first Planning Commission appointed pursuant to this Charter shall be for one (1) year; one for two (2) years; one for three (3) years; one for four (4) years; and one for five (5) years; and thereafter, each member shall be appointed for a term of five (5) years, and shall continue in office until his successor is appointed.
The Manager and a member of the Council designated by the Mayor-President of Council as Council representative to the Planning Commission, shall serve as non-voting members of the Commission in an advisory capacity, and shall attend all meetings of the Commission. The Council representative to the Planning Commission shall be designated as such by the Mayor-President of Council at the organizational meeting of the Council in each year, and shall serve in such capacity until the next organizational meeting of the Council, or his term of office expires, whichever first occurs.
The Planning Commission shall conduct studies, surveys and prepare plans, reports and maps relative to the overall planning of the growth, development, redevelopment, rehabilitation, and renewal of the Municipality; and may make such recommendations relative thereto to the Council as it feels are in the best interest of the Municipality. The Planning Commission shall continuously review and report to the Council its recommendations concerning the Municipality's capital improvement programs, subdivision, platting and zoning ordinances and regulations. The Planning Commission shall cooperate with other governmental planning agencies to secure the maximum benefit to the Municipality of the work, studies, surveys and reports of such other planning agencies. Other powers and duties of the Planning Commission shall include those established by this Charter and by the Council by ordinance; but unless and until such ordinances shall be passed, it shall possess such other powers and duties as are provided by the general laws of Ohio, to the extent that such general laws do not conflict with the provisions of the Charter.
The Council shall act as the Civil Service Commission unless and until the Council shall, by a majority vote of all of its members, create a separate Civil Service Commission.
In the event of the creation of a separate Civil Service Commission by the Council, the Commission shall consist of three (3) persons appointed by the Mayor-President of Council with the advice and consent of the Council. The terms of the members of the Civil Service Commission shall be three (3) years; except that the term of one of the members of the first Civil Service Commission separately established by the Council shall be for one (1) year; one for two (2) years; and one for three (3) years; and thereafter, each member shall be appointed for a term of three (3) years and shall continue in office until his successor is appointed.
The Classified Service of the Municipality shall consist of all full-time Police and Fire personnel, and such other employees of the Municipality as may be so designated by ordinance; and only members of the Classified Service shall be governed by the Civil Service provisions of this Charter. All other municipal employees shall constitute the Unclassified Service of the Municipality.
The Civil Service Commission shall provide by rule for the ascertainment of merit and fitness as the criteria for appointment to and promotion in the Classified Service of the Municipality in compliance with Article XV, Section 10 of the Constitution of the State of Ohio; and for appeals from actions of transfer, reduction, and removal of members of the Classified Service.
All employees of the Municipality at the effective date of this Charter who thereby become members of the Classified Service shall not be subject to competitive examination as a condition of continuance in their same positions; but, in all other respects, they shall be subject to the Civil Service provisions of this Charter.
The Park and Recreation Board shall consist of six (6) qualified electors of the Municipality, two (2) of whom shall be appointed by the Board of Education of the school district embracing all or the majority of the Municipality; three (3) of whom shall be appointed by the Mayor-President of Council with the advice and consent of the Council; and one (1) of whom shall be appointed by the Manager. Members of the Park and Recreation Board shall be appointed to a term of three (3) years each; except for the members of the first Park and Recreation Board appointed pursuant to this Charter; one of whom shall be appointed by the Board of Education for one (1) year; one of whom shall be appointed by the Manager for two (2) years; one of whom shall be appointed by the Mayor-President of Council with the advice and consent of the Council for three (3) years; one of whom shall be appointed by the Mayor-President of Council with the advice and consent of the Council for three (3) years; one of whom shall be appointed by the Board of Education for three (3) years; and one of whom shall be appointed by the Mayor-President of Council with the advice and consent of the Council for three (3) years; and thereafter, each member shall be appointed by the appointing authority which appointed the member whose term is expiring, for a term of three (3) years and shall continue in office until his successor is appointed. In the event that the Board of Education or the Manager shall fail, refuse, or neglect to exercise the power of appointment conferred on them by this section within sixty (60) days after the effective date of this Charter or within sixty (60) days after the creation of a vacancy which it is the responsibility of either of them to fill pursuant to Section 7.10 of this Charter; then, in such event, the appointment shall be made or the vacancy filled by the Mayor-President of Council with the advice and consent of the Council. (Amended 11-5-19)
The Park and Recreation Board shall control, supervise, operate and manage all parks, playgrounds, play fields, gymnasiums, swimming pools, indoor recreation centers and other public recreational facilities of the Municipality; and shall equip and operate such facilities; shall employ such play leaders, recreation directors, supervisors and other officers and employees and at such rate of compensation as shall be determined by the Council and in accordance with the general employment policies of the Municipality; and shall have the expenditure of all monies appropriated by the Council for the purchase, acquisition, improvement, operation, equipment and enjoyment of the several park and recreational facilities of the Municipality in accordance with the general expenditure and policies of the Municipality and provided that no liability shall be incurred or expenditures made unless the funds therefore have been received in the Municipal Treasury to the credit of the park and recreation funds and are not appropriated for any other purpose.
(Amended 11-2-04)
During the month of January in the year 1984, and each five (5) years thereafter, the Mayor-President of Council shall appoint five (5) qualified electors of the Municipality as members of a Charter Review Commission with the advice and consent of the Council; provided, however, that in the event that the Council shall fail, neglect, or refuse to act on appointment(s) by the Mayor-President of Council to the Charter Review Commission within thirty (30) days after such name(s) are presented by the Mayor-President of Council, such persons shall be deemed to be confirmed by operation of law.
The Charter Review Commission may hire such temporary employees and retain special counsel and other consultants as it may deem necessary; and the Council shall appropriate all monies necessary to pay the expenses of the Commission, including the compensation of such employees, counsel and consultants.
The Commission shall review the Charter of the Municipality; and, within six (6) calendar months after the confirmation of the last of its members to be confirmed, shall recommend to the Council such alterations, revisions, and-or amendments to the Charter as are, in the judgment of the Commission, desirable.
The Council shall cause the recommendations of the Charter Review Commission, if any, to be published in a newspaper determined by the Council to be of general circulation within the Municipality on the same day of the week for two (2) successive weeks; and the Council shall hold a public hearing on the recommendations within ten (10) days after the last date of publication of the recommendations. The publication of the recommendations of the Commission shall also give notice of the time and place of the public hearing.
After the public hearing, and upon consideration of the recommendations of the Commission, the Council may submit any, all, or none of such recommendations to the electors of the Municipality in the manner provided by Article XVIII, Section 9 of the Constitution of the State of Ohio pursuant to Section 11.03 of this Charter.
The terms of the members of the Charter Review Commission shall terminate upon the submission of its recommendations to the Council.
With the exception of the Civil Service Commission members of all boards and commissions of the Municipality, whether established by this Charter or by ordinance, shall be qualified electors of the Municipality at the time of their appointment and during their respective terms of office; and may hold municipal office or employment, whether elective or appointive; nor shall they serve as members of more than one (1) such board or commission simultaneously. Members of all municipal boards and commissions shall serve without compensation; provided, however, that Council may provide for the payment of mileage and for the reimbursement of expenses incurred by such members in the performance of their duties.
A majority of all of the members of each of the municipal boards and commissions shall constitute a quorum for meetings of such boards and commissions; but, a majority vote of all of the members of each board and commission shall be necessary for the taking of any action or the passage of any measures by such boards and commissions.
All meetings of each board and commission shall comply with all rules for notification of meetings to the public and news media as may be adopted by the Council; and all meetings of any board or commission at which a majority of its members are present shall be meetings open to the public.
At the first meeting in each calendar year of municipal boards and commissions, each board or commission shall elect a chairman and secretary by a majority vote of all of the members appointed thereto. The chairman shall be a member of the respective body; but the secretary need not be a member of the board or commission and may hold other office or employment with the Municipality. The chairman shall be the presiding officer at all meetings of the board or commission; and the secretary shall keep an accurate record of the proceedings of such board or commission.
Rules providing for the number and manner of calling regular and special meetings, and to provide for the conduct and government of meetings may be adopted by a majority vote of all of the members of each municipal board and commission to the extent not inconsistent with the provisions of this Charter or of any ordinance passed by the Council.
(Amended 11-4-14)
Unless otherwise provided by this Charter, a vacancy during the term of any member of a municipal board or commission established by this Charter or by an ordinance passed by the Council, shall be filled in the manner and by the appointing authority authorized to make the original appointment, for the remainder of the unexpired term of the member whose death, resignation or removal created the vacancy.
The Council may remove a member of any board or commission established by this Charter or by ordinance, for gross misconduct, malfeasance, or nonfeasance in office, final conviction of a felony involving moral turpitude, judicial declaration of incompetency, persistent and willful failure to abide by the rules adopted by the board or commission of which he is a member, unexcused absence from three (3) consecutive Board or Commission meetings, or willful violation of this Charter; provided that such removal shall not take place without notice in writing of the charge being delivered to the accused official; and an opportunity being given the accused to be heard in person or by legal counsel. The Council and the accused official shall have the right to subpoena witnesses and to compel the production of evidence; and all subpoenas for witnesses and the production of evidence shall be issued by the Mayor-President of Council; who shall also administer oaths to witnesses. The Council may remove an accused member of a board or commission upon compliance with the foregoing requirements, by the affirmative vote of a majority of all of its members; and the decision to remove shall be in the sole discretion of the Council, and its determination shall be final and not subject to review by any Court.
Upon the removal of a member of any board or commission, such member shall forfeit his office forthwith; and such office shall become vacant, and shall be filled pursuant to Section 7.10 of this Charter. Any person removed from office pursuant to this Section shall not be eligible for any elective or appointive office of the Municipality for a period of five (5) years after his removal.
(Amended 11-5-19)