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Administrative Powers of the City.
The Mayor.
Section 24. The executive and administrative powers of the City of Shelby, except as herein otherwise provided for, shall be vested in a mayor, who shall be a resident elector of the city. The mayor shall be elected for a term of four years commencing with the 1998 term, assume office on the first day of January, following their election, and serve until a successor is elected and qualified.
The Mayor shall not hold any other public office or public employment, except that of notary public or member of the State militia, and shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality.
(Amended 11-5-1996; 11-5-2024)
Section 25. The salary of the mayor shall be fixed by the council and it shall not be increased or diminished during the term for which he was chosen nor at any other time except in an odd-numbered year. The salary of the mayor first elected under this charter shall be fixed by the outgoing council, and shall not be more than $1200.00 and not less than $1000.00 per annum.
Section 26. If the mayor dies, resigns or removes his residence from the city during the term of his office he shall be succeeded in office until the first day of January following the next regular municipal election, by one of the officers provided for in this charter. The order of succession in such cases shall be as follows: director of law; director of finance and public record; councilmember at large; and members of council from the wards in order based upon their total service upon council. At the next regular municipal election following the death, resignation or removal of the mayor from the city, a mayor shall be elected for a term of four years. If the mayor be temporarily absent from the city, or become temporarily disabled from any cause, his duties shall be performed during such absence or disability by the head of one of the aforesaid departments in the above order under the title of acting mayor.
(Amended 11-5-2002; 5-3-2011)
Section 27. The mayor shall be the chief executive officer of the city and the chief conservator of the peace therein, and, besides his powers and duties as president of the council, and his powers and duties as director of public safety, and director of public service as hereinafter prescribed, it shall be his duty to see that the laws of the State of Ohio and the ordinances of the city are faithfully obeyed and enforced within the city, and to appoint all officers and employees of the city whose election or appointment is not otherwise expressly provided for by law, by this charter, or by ordinance, and he shall have such other powers and duties, not in conflict with the provisions of this charter, as are provided by law for mayors of cities.
“And all appointments made by the mayor to be confirmed by Council; and the Chief of Police shall be responsible for his acts of misconduct to the mayor, and the patrolmen shall be responsible for their acts of misconduct to the Chief of Police.”
Section 28. The mayor shall be ex-officio the director of public safety and the director of public service and as such shall exercise all powers and perform all duties as have heretofore been delegated to and conferred upon the director of public safety and the director of public service by the laws of the State of Ohio.
Section 29. It shall be the duty of the mayor to recommend to the council for adoption such measures as he may deem necessary or expedient; to keep the council advised of the financial condition and future needs of the city; to prepare and submit to the council such reports as may be required by that body, and to exercise such powers and perform such duties as are conferred or required by this charter or by the laws of the State.
Section 30. Should the director of law or the director of finance and public record die, resign, or be disqualified for any cause from performing the duties of their respective offices during the term for which they were elected, the mayor shall fill said vacancy so created by appointment for the unexpired terms, subject to the confirmation of the Council.
Director of Law.
Section 31. The director of law shall be an attorney-at-law admitted to practice in the State of Ohio. The Director of Law shall be elected for a term of four years (a two-year term commencing in 1998, and a four- year term commencing with the year 2000), assume office on the first day of January, following their election, and serve until a successor is elected and qualified. The Director of Law shall be the legal adviser of and attorney and counsel for the city, and for all officers and departments thereof in matters relating to their official duties. The Director shall prepare all contracts, bonds and other instruments in writing in which the city is concerned and shall endorse on each the Director’s approval of the form and correctness thereof.
(Amended 11-5-1996; 11-5-2024)
Section 32. The director of law shall be the prosecuting attorney of the police court.* He may designate such manner of assistant prosecutors as the council by ordinance may authorize. He shall prosecute all cases brought before such court and perform the same duties so far as they are applicable thereto, as are required of the prosecuting attorney of the county.
*No longer in existence-Ed.
Section 33. When required to do so by resolution of the council, the director of law shall prosecute or defend for and in behalf of the city, all complaints, suits and controversies in which the city is a party, and such other suits, matters and controversies as he shall by resolution or ordinance, be directed to prosecute or defend.
Section 34. In addition to the duties imposed upon the director of law by this charter or required of him by ordinance in accordance therewith, he shall perform the duties which are imposed upon city solicitors by the general laws of the State, beyond the competence of this charter to alter or require.
Section 35. The salary of the director of law shall be fixed by the council and it shall not be increased or diminished during the term for which he was chosen, nor at any other time except in an odd-numbered year. The salary of the director of law first elected under this charter shall be fixed by the outgoing council, and be not more than $1200.00 nor less than $1000.00 per year.
Director of Finance and Public Record.
Section 36. The director of finance and public record shall be an elector of the City of Shelby and shall be elected for a term of four years (a two-year term commencing in 1998, and a four-year term commencing with the year 2000), assume office on the first day of January following their election and serve until a successor is elected and qualified. The salary of the Director of Finance and Public Record shall be fixed by the council, and it shall not be increased or diminished during the term for which the Director was chosen, nor at any other time except in an odd-numbered year.
(Amended 11-5-1996; 11-5-2024)
Section 37. The duties of the director of finance and public record shall include the keeping and supervision of all accounts, and the custody and collection of all public moneys, rents and property belonging to or due the city; the making and collecting of special assessments; the issuance of licenses upon the order of the mayor; the collection of license fees; the control, funding and payment of the public debt of the city; and such other duties as the council may require.
Section 38. The director of finance and public record shall perform the duties of clerk of council and in addition to his other duties, shall perform all clerical duties incident to the mayor acting as ex-officio director of public safety and director of public service as is hereinbefore provided, and all other clerical duties incident to the operation of the city government and for which duties he shall receive no additional compensation.
Accounting Procedure.
Section 39. Accounting procedures shall be devised and maintained for the city adequate to record in detail all transactions affecting the acquisition, custodianship and disposition of values, including cash receipts and disbursements; and the recorded facts shall be presented periodically to officials and to the public in such summaries and analytical schedules in detailed support thereof, as shall be necessary to show the full effect of such transactions for each fiscal year upon the finances of the city and in relation to each department of the city government, including distinct summaries and schedules for each public utility or building owned or operated.
Accounts.
Section 40. The director of finance and public record shall be the chief accounting officer of the city. He shall install and maintain accounting procedures in conformity with the next preceding section of this charter, and prescribe the methods of keeping accounts by all departments and the form of report to be rendered to the department of finance and public record. He shall require that reports be made to him by each department, showing the receipts of all moneys by such department and the disposition thereof. He shall keep an account of all appropriations made by the council and all expenditures made or contracted to be made under such appropriations.
Section 41. The director of finance and public record shall, upon the death, resignation, removal or expiration of the term of any officer, examine the accounts of such officer and if such officer be found indebted to the city, he shall immediately give notice thereof to the council and the director of law, and the latter shall forthwith proceed to collect the same.
Payment of Claims.
Section 42. No warrant for the payment of any claim shall be issued by the director of finance and public record until such claim shall have been approved by the mayor, and the mayor and his sureties shall be liable to the city for all loss or damage sustained by the city by reason of the negligent or corrupt approval of any claim against the city by him. Whenever any claim shall be presented to the director of finance and public record he shall have power to require evidence that the amount claimed is justly due and that such claim is in conformity to law and ordinance. For that purpose the director of finance and public record may summon before him any officer, agent, or employee of any department, or any other person, and examine him upon oath or affirmation relative thereto, which oath or affirmation he may administer.
If the director of finance and public record shall draw a warrant for any claim contrary to law or ordinance he and his sureties shall be individually liable for the amount thereof.
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