Section
30.01 Application of Title III
30.02 Qualifications; oaths
30.03 Bonds of officers and employees; amount
30.04 Additional bond; where bonds recorded and kept
30.05 Approval of bonds
30.06 Sufficiency of form of bond
30.07 Filling vacancies in offices
30.08 Public records available
30.09 Meetings of public bodies to be open; exceptions; notice
30.10 Municipal officers may attend conference or convention; expenses
30.11 Residency requirements prohibited; exceptions
Statutory reference:
Local accounting and financial reporting, State Auditor administrative regulations, see O.A.C. Chapter 117-5
(A) Title III of this code of ordinances is designed to include and incorporate, insofar as is practical, all legislation concerning the organization, qualifications, appointment or election, terms of office, compensation, and the powers and duties of the officials, boards, and bodies of the village. Pertinent sections of the Ohio Revised Code relative to these village offices and boards have been assembled and adopted as a part of this Title. No material changes of the Revised Code sections referred to in the legislative histories have been made. The purpose of including these sections is to afford easy reference to the statutory provisions.
(B) In the interest of uniformity and consistency, all references to “village,” as the term appears in the Revised Code, have been changed to read “municipality” throughout this Title. However, the provisions of this Chapter shall only apply to the administration of village local government.
(A) Except as otherwise provided in division (B) of this section or in another section of the Revised Code, each officer of the municipality or of any department or board of the municipality, whether elected or appointed as a substitute for a regular officer, shall be an elector of the municipality and, before entering upon official duties, shall take an oath to support the Constitution of the United States and the Constitution of the State and an oath that the officer will faithfully, honestly, and impartially discharge the duties of the office to which elected or appointed. These provisions as to official oaths shall extend to deputies, but they need not be electors.
(B) Neither this section nor any section of the Revised Code requires, or shall be construed to require, that a Fire Chief be an elector of the municipality.
(R.C. § 733.68)
Before entering upon the discharge of his or her duties, each officer and employee, where such is required by the legislative authority, shall execute a bond approved according to law in the amount set forth for his or her respective office or position.
Except as otherwise provided in the municipal charter or in R.C. § 3.061, each officer required by law or ordinance to give bond shall do so before entering upon the duties of the office. Except as otherwise provided in the municipal charter or in R.C. § 3.061, the Legislative Authority may at any time require each officer to give a new or additional bond. Each bond, except that of the Auditor or Clerk, upon its approval, shall be delivered to the Auditor or Clerk, who shall immediately record it in a record provided for that purpose and file and carefully preserve it in the Auditor’s or Clerk’s office. The bond of the Auditor or Clerk shall be delivered to the Treasurer, who shall in like manner record and preserve it.
(R.C. § 733.69)
The official bonds of all municipal officers shall be prepared by the Solicitor or Director of Law. Except as otherwise provided in state law, the bonds shall be in a sum as the Legislative Authority prescribes by general or special ordinance, and be subject to the approval of the Mayor, except that the Mayor's bond shall be approved by the Legislative Authority, or, if it is not legally organized, by the Clerk of the Court of Common Pleas of the county in which the municipality or the larger part thereof is situated.
(R.C. § 733.70)
In each bond mentioned in § 30.05, the condition that the person elected or appointed shall faithfully perform the duties of the office shall be sufficient. The fact that the instrument is without a seal, that blanks for the date or amount have been filled subsequent to its execution but before its acceptance, without the consent of the sureties, that all the obligees named in the instrument have not signed it, that new duties have been imposed on the officers or that any merely formal objection exists shall not be available in any suit on the instrument.
(R.C. § 733.71)
Unless otherwise provided by law, vacancies arising in appointive and elective offices of the municipality shall be filled by appointment by the Mayor for the remainder of the unexpired term, provided that:
(A) Vacancies in the office of the Mayor shall be filled in the manner provided by R.C. § 733.25, or a substantially similar municipal ordinance;
(B) Vacancies in the membership of the Legislative Authority shall be filled in the manner provided by R.C. § 731.43, or a substantially similar municipal ordinance;
(C) Vacancies in the office of President Pro Tempore of the Legislative Authority shall be filled in the manner provided by R.C. § 731.11, or a substantially similar municipal ordinance;
(D) Vacancies in the office of Clerk or Treasurer may be filled in the following manner: The Mayor may appoint a person to serve as acting officer to perform the duties of the office until a permanent officer is appointed to fill the vacancy.
(R.C. § 733.31(A))
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