Beginning with the regular Municipal election in the year 2007, the Director of Law shall be elected for a term of four (4) years, and every fourth year thereafter. Beginning with the regular Municipal election in 1987, and every regular Municipal election thereafter, the newly elected Director of Law shall take the oath of office and assume the duties of said office on December 10th, or within five (5) days after the Board of Elections has certified the Director of Law's election, whichever comes later.
To be eligible to serve as Director of Law, he or she must be a person that has been duly admitted to the practice of law in the State of Ohio and before the federal bar, and is actively engaged therein for a period of five (5), years or more immediately prior to that person's election, including a minimum of two (2) years of experience in the field of municipal law. No person shall be eligible to be Director of Law unless that person shall have been continuously a resident and qualified elector of the City for at least three years immediately prior to his election or appointment, and no person shall serve as the Director of Law unless during the Director of Law's term of office the Director of Law shall continue to be a resident and qualified elector of the City. He, or she, must not be a person (1) who is prohibited from holding public office under the laws of the State Ohio; (2) who has, at any time, been determined to be guilty of misconduct in a public office in any jurisdiction under Sections 3.07 et seq. or Sections 733.72 et seq. of the Ohio Revised Code (or any successor provisions); (3) who has, during his or her term in a public office or within the five (5) years preceding his or her assumption of the office, been convicted of (or plead guilty to) a crime involving moral turpitude, including, but not limited to, the crimes of theft in office, dereliction of duty, having an unlawful interest in a public contract, soliciting or receiving improper compensation or bribery or a crime involving a breach of a fiduciary duty, violation of a position of trust, or disclosure of confidential information in any jurisdiction; (4) who has been removed from office under Section III -12 or Section IV-7 of this Charter; or (5) who, directly or indirectly solicits, contracts for, receives or is interested in the profits or emoluments of any contract, job, work or service with the City. A person eligible to serve as Director of Law, must not simultaneously hold any other municipal office or municipal employment in the City of Seven Hills, except as otherwise provided in this Charter.
A person eligible for the position as Director of Law shall not have a family member holding an elected office for the City of Seven Hills nor having a family member nominated for and/or appointed to an elected office in the City of Seven Hills. For this section, "family" is consanguinity or affinity of the second degree which includes spouse, parents, children, siblings, grandparents, and grandchildren.
Any Director of Law who shall cease to possess any of the qualifications herein required to be eligible to serve as Director of Law shall forthwith forfeit his or her office.
The Director of Law shall act as legal counsel and in such capacity serve the Mayor, Council, administrative officers, departments, and the commissions and boards of the City. As the legal counsel and attorney, he, or she, shall represent the City in all proceedings in court or before any administrative body and in such other matters and controversies as he, or she, is by resolution or ordinance directed to prosecute. The Law Director or an Assistant Director of Law shall acts as prosecuting attorney for the City, and shall perform all other duties now or hereafter imposed upon the Director of Law by the General Law of Ohio unless otherwise provided by ordinance of the Council and shall perform such other duties as may be required by this Charter and/or as Council or the Mayor may impose upon him consistent with this office. The Director of Law and/or the Director of Law's Assistant shall attend all meetings of Council. The Director of Law shall be empowered to designate such assistants as shall be authorized by, and approved by Council. In the absence of the Director of Law for any reason, any Assistant Director of Law shall perform all the duties herein imposed upon the Director of Law.
City Council, at any time, may authorize, by resolution, the Director of Law to make such non-material changes to the Charter outside of the amendment process that are brought to its attention. Such changes shall only be for the purpose of correcting typographical, spelling, grammatical, syntax and other errors, as well as to enhance readability, achieve gender neutrality, and provide consistency within the charter language whenever amendments are adopted. Such changes require the further approval of Council by resolution before going into effect.
In the event that the office of the Director of Law becomes vacant, a successor to fill the unexpired term shall be appointed by the Mayor, subject to the approval by the majority of the members elected to Council.
The Council may by a vote of five (5) of its members remove the Director of Law for gross misconduct, malfeasance, nonfeasance, misfeasance in or disqualification for office; for violation of his or her oath of office, or for the conviction while in office of a crime involving moral turpitude. Prior to any action by Council, the Director of Law shall be notified in writing of such charge or charges against him or her at least fifteen (15) days in advance of any hearing upon such charge. The Law Director and his counsel shall be given an opportunity to be heard, present evidence, and examine any witness under oath appearing in support of such charge or charges.
The Law Director may appoint assistants necessary for the proper functioning of the Law Department.
(Amended 11-6-18.)