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The Mayor shall be a qualified elector of the Municipality. During his term of office he shall continue to be a resident and qualified elector. He shall not hold any other public office or public employment, other than as a member, officer or trustee of a governmental board or commission, council of governments, publicly supported non-profit institution, and that of Notary Public or a member of the State Militia or reserve corps of the United States. The Mayor shall not be interested in the profits or emoluments of any contract, job, work, or service with or for the Municipality as provided by general law. If the Mayor shall cease to possess any of the qualifications for such office, or shall be convicted of a felony, his office shall immediately become vacant.
(Amended 11-2-04)
(Amended 11-2-04)
The Council may remove the Mayor for his disqualification while in office, or for a violation of his oath of office provided, however, that such removal shall not take place without the concurrence of two-thirds (2/3) of the members elected to Council nor until the Mayor shall have been notified in writing of the charge against him at least ten (10) days in advance of any hearing upon such charge and he and his counsel have been given an opportunity to be heard, present evidence, and examine any witness appearing in support of such charge.
(Amended 11-2-04)
(a) Attendance at Council Meetings. The Mayor shall be an ex-officio member of Council and shall sit with that body, with the right to introduce ordinances, resolutions and motions and discuss all matters coming before Council. He shall not have a vote in Council.
The Mayor may require whatever department heads or other officials he has appointed to attend Council meetings and provide advice and opinions as may be requested by the Mayor or Council.
(b) Execution of Documents. The Mayor shall sign, on behalf of the Municipality, all contracts, conveyances, evidences of indebtedness and all other instruments to which the Municipality is a party.
(c) Veto. If the Mayor approves any ordinance or resolution, he shall approve it within ten (10) days after its passage or adoption by the Council. The Mayor may veto any ordinance or resolution passed by Council. The Mayor may approve or disapprove the whole or any item or part of any ordinance or resolution appropriating money, but otherwise his approval or disapproval shall be addressed to the entire ordinance or resolution. In case of a veto, the matter shall be returned to Council with a statement in writing by the Mayor of his objections, which shall be entered into the official journal. Council shall reconsider such ordinance or resolution not later than at its next regular meeting. Council may override the Mayor's veto by a two-thirds (2/3) vote of all members and upon receiving such an affirmative vote, it shall then take effect as if it had received the signature of the Mayor. If any ordinance or resolution shall not be signed or vetoed by the Mayor within ten (10) days after passage, it shall become effective as if he had signed it on the last day of said ten-day period.
(d) Administrative Duties. The Mayor shall be the chief conservator of the peace within the Municipality. He shall see that all laws, ordinances and resolutions are faithfully obeyed and enforced. He shall have the power to appoint, promote, transfer, reduce or remove any officer or employee to the extent and under the circumstances permitted by any provision of this Charter or the laws of the State of Ohio, where it is beyond the scope of this Charter to provide. He shall have his office at the City Hall and shall devote his entire time during business hours, and such other time as may be necessary, to the business of the Municipality.
(e) Enforcement of Contracts. The Mayor shall see that all terms and conditions imposed in favor of the Municipality or its residents in any franchise or contract to which this Municipality is a party are faithfully kept and performed.
(f) Ceremonial Duties. The Mayor shall be recognized as the official and ceremonial head of government by the Governor for military purposes and by the Courts for the purpose of serving civil processes.
(Amended 11-4-08.)
(Amended 11-4-08.)
(g) Appointment of Chief of Police and Fire Chief. The Chief of Police and Chief of the Fire Department shall be appointed by the Mayor from the ranks of the respective departments in the manner hereinafter provided. When either office shall for any reason become vacant, a suitable examination shall be given by and under the direction of the Civil Service Commission to such officers in the Police Department having attained the rank of sergeant or higher and having a Bachelor's Degree from an accredited institution, or in the Fire Department having attained the rank of lieutenant or higher and having a Bachelor's Degree from an accredited institution, as may desire to be considered therefor. Said requirement of having a Bachelor's Degree from an accredited institution shall go into effect at the time of the adoption of this amendment to the Charter but shall not apply to any individual currently holding the position of Chief of Police or Fire Chief. From the three members receiving the highest grades upon said examination, the Mayor shall appoint one to fill such vacancy, such appointment to be subject to confirmation by the majority vote of the members elected to Council.
(Amended 11-6-18)
(Amended 11-6-18)
(a) Absence. When the Mayor is temporarily absent from the Municipality or temporarily unable for any cause to perform the Mayor’s duties, the President of Council shall act as the Mayor with the same powers and duties as the Mayor, except as set forth below. When the Mayor and the President of Council are both temporarily absent from the municipality or temporarily unable for any cause to perform the Mayor’s duties, then the Council President Pro Tem shall act as the Mayor with the same powers and duties as the Mayor, except as set forth below.
(b) Vacancy. In the event of the Mayor’s death, resignation, removal, disqualification, or in the event that the office of Mayor shall otherwise become vacant, the unexpired term shall be filled as follows:
(1) The President of Council shall immediately become the acting Mayor, with the same powers and duties of the Mayor, except as set forth below, to serve as follows:
(A) If twenty-four (24) months or more remain in the Mayor’s term, then the Council President shall serve as acting Mayor until a new Mayor is elected to serve the remainder of the Mayor’s term at a special or general election to be held on a date set by City Council within ninety (90) days after the vacancy occurs. During this time period after the vacancy occurs and before a new Mayor is elected at a special or general election, the President of Council shall also continue in office as a member of Council and as President of Council.
(B) If less than twenty-four (24) months remain in the Mayor’s term, then the President of Council shall become Mayor to serve the remainder of the term if the President of Council accepts the office by filing a written acceptance with the Clerk of Council within fifteen (15) days after the vacancy occurs. If the President of Council accepts the office of Mayor in this circumstance, then (i) the President of Council’s office as a Council member and as President of Council shall be vacant and filled in accordance with the provisions of this Charter, and (ii) the President of Council shall become Mayor with all the powers and duties of the Mayor. If the President of Council does not accept the position of Mayor within the time period set forth herein, then the President of Council Pro Tem shall become Mayor to serve the remainder of the term if he or she accepts the office within twenty (20) days after the vacancy occurs in the same manner. If the President of Council Pro Tem accepts the office of Mayor in this circumstance, then (i) the President of Council Pro Tem’s office as a Council member and as President of Council Pro Tem shall be vacant and filled in accordance with the provisions of this Charter, and (ii) the President of Council Pro Tem shall become the Mayor with all the powers and duties of the Mayor. If neither the President of Council nor the President of Council Pro Tem accepts the office of Mayor within the time periods set forth herein, the City Council shall meet and elect one of its members to be Mayor for the remainder of the term. Such election shall occur within twenty-five (25) days of the vacancy. No Council member shall be so elected without the Council member’s consent. The Council position of the Council member so elected Mayor shall be deemed vacant and shall be filled in accordance with the provisions of this Charter.
(c) Part-Time Position. When the President of Council or the Council President Pro Tem is serving as the Acting Mayor pursuant to Sections (a) or (b)(1)(A) of this Section 7, neither shall be required to devote their entire time during business hours to the business of the municipality.
(Amended 11-2-04.)
(Amended 11-2-04.)