ARTICLE VIII NOMINATIONS AND ELECTIONS

SECTION 1. PROCEDURES.

   Nominations for elective offices of the City shall be made only by petition. Petitions for ward Councilperson shall be signed by not less than three percent of the number voting in said ward at the last preceding general election, and petitions for City offices-at-large shall be signed by not less than three percent of the number voting in the City at the last preceding general election. The name of each elector signing a nomination petition must appear on the registration books of the last preceding general election and the electors who sign a nominating petition for a ward Councilperson must reside in the ward of the nominee whose petition he signs. Each nominating petition shall be accompanied by the written acceptance of the nominee. Nominating petitions shall be filed with the election authorities not later than 90 days before the date set for the primary election and no nomination for any such office shall be of any effect unless made as required of this Section 1. In the event that more than two persons are nominated, as provided herein, for the office of Mayor or for the office of ward Councilperson, then a primary election shall be held on the second Tuesday in September next preceding the general election for the purpose of selecting two candidates for each such office. The two candidates for each such office shall be the two candidates receiving the highest number of votes cast in the primary election. The ballot used in both the primary election and the general election shall be without party mark or designation. The names of all candidates for any City office shall be placed upon the same ballot and shall be rotated in the manner provided by the laws of Ohio. Except as otherwise provided in this Charter, the laws of Ohio shall govern the nomination and election of the elective officers of this City.

(Approved by voters 11-7-1972; 11-8-2005; 11-4-2008; 11-6-2012)

SECTION 2. QUALIFICATION OF OFFICERS.

   (a)   With the exception of the office of Mayor, for whom qualifications are set forth in Article V, Section 2 , each elective officer of the City shall be a resident of the City of Solon for 18 consecutive months immediately prior to the date of his election and shall be a qualified elector of his ward as of the date of his election and, during the term of his office, shall continue to be a resident of that ward and a qualified elector. He shall hold no other elected public office, except that of Notary Public or member of the State Militia or Reserve Corps of the United States, and he shall not hold public employment with the City of Solon.

   (b)   No officer of the City, elective or otherwise, shall have any financial interest in any contract with or expenditure of money by the City other than his fixed compensation and expenses for traveling. Any officer of the City who fails to comply with the requirements or qualifications of this section shall forfeit his office forthwith.

(Approved by voters 11-8-1988; 11-7-2000)

ARTICLE IX REFERENDUM, INITIATIVE AND RECALL

SECTION 1. INITIATIVE AND REFERENDUM.

   (a)   The electors of this Municipality shall have the power to approve or reject at the polls any ordinance, resolution, or other action passed or adopted by the Council, whether legislative or administrative in nature, except as hereinafter provided.

      (1)   Within 40 days after the final passage by Council or approval by the Mayor, whichever is later, of an ordinance, resolution or other action, whether styled an emergency or not, a petition, signed by at least that number of electors which equals 10% of the electors voting at the last preceding general Municipal election, may be filed with the Clerk of Council, requesting that such ordinance, resolution or other action, whether legislative or administrative in nature, be either repealed or submitted to a vote of the electors. If said petition is signed by that number of electors which equals 20% or more of such electors, the date of the election may be fixed therein, which shall be not less than 90 days from the time of filing thereof. When said petition is filed, the Clerk shall first ascertain the sufficiency of the petition and, if found sufficient, the Council shall thereupon, within 30 days of the filing of such petition, reconsider such ordinance, resolution or other action. If, upon such reconsideration, the ordinance, resolution or other action is not repealed, the Council shall submit it to a vote of the electors on the date fixed in the petition or, if no date be so fixed, at the first general election in any year occurring more than 90 days after the filing of such petition. No such ordinance, resolution or other action shall go into effect until approved by a majority of those voting thereon.

      (2)   Ordinances and resolutions providing for a tax levy or for improvements petitioned for by the owners of a majority of the front footage of the property benefited and to be specially assessed therefor, and appropriation ordinances and resolutions, limited to the subject of appropriations, shall not be subject to referendum. Further, whenever the Council is required to pass more than one ordinance, resolution or other action to complete the financing and assessment of the cost of any public improvement previously finally approved, only the first resolution, ordinance or other action relating to said financing and assessment shall be subject to referendum, and any subsequent resolution, ordinance or other action relating to the financing and assessment of the cost of said public improvement, as previously finally approved, shall not be subject to referendum.

      (3)   If, when submitted to a vote of the electors, an emergency ordinance, resolution or other action be not approved by a majority of those voting thereon, it shall be considered repealed as regards any action, future or past, and any prior action shall be considered void and a nullity, except that such ordinance, resolution or other action shall be deemed sufficient authority for payment, in accordance with the ordinance, resolution or other action, of any costs or expenses actually incurred previous to the referendum vote thereon, but not for any “in futuro” costs or expenses allegedly incurred or obligated with respect thereto.

      (4)   Any Ordinance adopted to certify an initiative to the Board of Elections to be considered by the electors shall not be subject to referendum.

   (b)   The reasons for, necessity for, facts supporting the reasons for and/or necessity for, and/or the bonafides of any emergency ordinance, resolution or other action of Council shall be subject to judicial review.

   (c)   Each contract, consent agreement, compact or other means by which the City of Solon cooperates with, is or becomes a member of, or contributes to the operation, in any way, of any other governmental unit, agency or association, including a regional government or agency or group of government units, shall be terminable by the people at any time by a referendum as provided in Article IX, Section 1 , and no “in futuro” obligations with respect thereto shall thereafter be binding upon the City or its citizens, if said referendum passes, except as to their proper share of debts already lawfully incurred and as the referendum petitions provide for the City of Solon or citizens thereof to pay its or their share of in futuro maintenance and operating costs of any particular improvement which has been built and is used, in part at least, by said City or one or more of its citizens or to continue to participate as to specified activities.

(Approved by voters 11-8-1977)

   (d)   Ordinances and other measures may be proposed by initiative petition and adopted by election, in the manner now or hereafter provided by the Constitution or the laws of Ohio, except that ordinances proposed by initiative petition to amend the zoning code and/or the zoning map of the City shall be subject to the procedures, process, review certification to the Board of Elections and other requirements contained in Article XIV of this Charter, and only in the event that this Charter is silent on a matter, or there is no conflict with this Charter, in accordance with the laws of Ohio. It is hereby declared that in the event of a conflict between the Charter and the Ohio Revised Code, and as permitted by the home rule powers granted to municipalities, and the Ohio Revised Code and in particular Ohio Revised Code Section 731.41, the manner, means, method, consideration and placement on the ballot of initiatives shall be governed by this Charter.

(Approved by voters 5-3-1988; 11-5-2019)

   (e)   This section shall be severable and if any subsection, paragraph, part, word or application thereof is held invalid for any reason, such holding shall not invalidate or affect the force and effect of any other subsection, paragraph, part, word or application thereof.

(Approved by voters 11-8-1977; 11-5-2019)