(a) The Springboro Mayor's Court shall have all powers conferred by the Ohio Revised Code as amended from time to time.
(b) Jurisdiction of Magistrate. The Magistrate shall have jurisdiction to hear and make a recommendation of his or her findings as allowed by the Ohio Revised Code.
(c) Appeal. Appeals from a Magistrate's recommendation may be taken as allowed by the Ohio Revised Code.
(d) Qualifications of Magistrate.
(1) The Magistrate shall be an attorney licensed to practice in the State of Ohio.
(2) The Magistrate shall have a minimum of three (3) years experience as a practicing attorney.
(3) The Magistrate shall not hold any other City office or City employment during the term for which said Magistrate was appointed.
(e) Selection Process of Magistrate. The Mayor shall review the qualifications of all applicants. From the applicants, the Mayor shall nominate three applicants to Council within fifteen (15) days of a vacancy. Council shall within fifteen (15) days, by a majority vote of members of the Council, appoint a qualified candidate to serve as the Magistrate of the Mayor's Court.
(f) Term. A Magistrate shall be appointed for a term of four (4) years. If a vacancy occurs, the unexpired term shall be filled by using the same procedure described in Section 13.14(e).
(g) Compensation. The Council may determine the compensation of the Magistrate.
(h) Supervision. The Magistrate shall be subject to the exclusive supervision of the Mayor except as otherwise required by the Ohio Revised Code.
(i) Removal. The Council may remove the Magistrate from office in accordance with the following procedures:
(1) The Council shall adopt by affirmative vote of a majority of all members a preliminary resolution which must state the reason for removal and may suspend the Magistrate from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the Magistrate. During his suspension, Council shall appoint an acting Magistrate for a term not to exceed sixty (60) days.
(2) Within five (5) days after a copy of the resolution is delivered to the Magistrate, the Magistrate may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The Magistrate may file with the Council a written reply not later than five (5) days before the hearing.
(3) The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of five (5) of the Council Members at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the Magistrate, if the Magistrate has not requested a public hearing, or at any time after the public hearing if one has been requested.
The action of the Council in suspending or removing the Magistrate shall not be subject to review by any court or agency.
(j) Absence or Disability of Magistrate. In the event of absence, vacancy or during the disability of the Magistrate, Council by a majority vote may designate an Acting Magistrate until a Magistrate has been appointed pursuant to Section 13.14(e). (Amended 11-4-08.)
CODIFIED ORDINANCES OF SPRINGBORO