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Except as reserved to the people by this Charter, the legislative power of the City shall be vested in a Council of twelve (12) members elected at the 1993 regular City election and thereafter. Members of Council shall be elected in 1993 and in subsequent regular City elections as follows:
(a) One (1) Council member shall be elected from each of the six (6) districts constituted pursuant to Section 27(A) of this Charter, and
(b) Six (6) Council members shall be elected from the City at-large.
Vacancies in Council shall be filled by election of the remaining members of the Council of an individual qualified to serve as a member of Council in accordance with this Charter. In the event Council fails to fill such vacancy within thirty (30) days of the occurrence of any vacancy, then the Mayor shall fill such vacancy. Such individual shall serve by appointment until a successor is elected and qualified at an election as specified herein.
(Amended by electors 11-3-92)
Before June 1, 1915, the present Council shall divide the City into sixteen wards, not less than three of which shall be on the east side of the Maumee River. After each recurring Federal census, and within three months after the proclamation by the Secretary of State of the population of the cities of Ohio, the Council shall redivide the City into wards upon the basis of not less than ten thousand nor more than twenty thousand persons in each ward. But all wards formed by the Council shall be composed of contiguous and compact territory, as nearly equal in population as possible and bounded by natural boundaries or street lines. When territory is annexed to the City, the Council, by ordinance, shall declare it a part of the adjacent ward or wards. If the Council fails to make such subdivision into wards within the time herein required, the President of the Council shall notify the Director of Law, who shall make such subdivision within thirty days thereafter.
Not later than December 15, 1992, the Mayor shall, with the consent of Council, appoint an Apportionment Board consisting of six (6) electors of the City of Toledo. Two (2) of the six (6) members shall be of the same political party affiliation as the party receiving the most votes for governor at the preceding gubernatorial election within the City of Toledo. Two (2) of the six (6) members shall be of the same political party affiliation as the party receiving the second most votes for governor at the preceding gubernatorial election within the City of Toledo. No more than two members of the Board may be of the same political party affiliation. The Mayor shall appoint, from among the members of the Board a Chairperson, Vice-Chairperson, and Secretary; and shall appoint a replacement for any Board members that are unable to complete their terms.
The term of the Board shall be for a period of six (6) months or until completion of the apportionment process, whichever is longer. The members of the Board shall serve without compensation.
The Board shall meet upon the call of the Chairperson, Vice-Chairperson or any four (4) members thereof, and shall adopt rules regulating its deliberations. The Board shall meet not less than monthly. All meetings of the Board shall be in compliance with the applicable provisions of the open public meeting laws of the State of Ohio. The Board shall provide members of the public with a reasonable opportunity to be heard on the subject of apportionment. All books, records, papers, and other information obtained or produced by the Board shall be public records of the City, and shall be retained under the supervision of the Clerk of Council.
The Board shall have the power to employ such experts, consultants, and other staff as authorized by appropriate legislation, all of whom shall not be deemed employees of the City but independent contractors. The Mayor shall arrange for suitable accommodations to facilitate the duties of the Board.
The purpose of the Board shall be to review in detail the demographic characteristics of the City and establish a plan of apportionment by a vote of not less than five (5) of its six (6) members, apportioning the City into six (6) districts, as nearly equal in population as possible based upon the most recent federal census. All districts shall be bounded, as far as practicable, by county lines, wards, streets, alleys, lot lines, avenues, public grounds, canals, watercourses, municipal corporation lines, center lines of platted streets, or railroads, and shall be composed of adjacent and compact territory. The Board shall prepare periodic reports to the Mayor and Council summarizing its activities, in order that the Mayor, the Council and the public shall be informed.
Not later than May 15, 1993, and thereafter by May 15 of the first odd numbered year following the federal census, the Board shall complete its apportionment of the City and file its plan with the Clerk of Council unless barred by circumstances beyond the control of said Board. In any event, the Board shall complete its apportionment process within fifteen (15) days after the proclamation by the Secretary of State of the population of the cities of Ohio, or June 15 of that year, whichever is later. In the event that additional territory is annexed to the City during the interim period between Apportionment Boards, the territory shall become part of the most adjacent district or districts by adoption of appropriate legislation until the next formal reapportionment of the City.
In the event that the Board fails or refuses to adopt a reapportionment plan by the above- stated deadlines, the Director of Law shall forthwith take legal action necessary in a court of competent jurisdiction in order to accomplish the lawful apportionment of the City in furtherance of the constitutional rights of the electors.
(Added by electors 11-3-92)
The Mayor and a member of Council at-large shall have the qualifications of an elector of the City and shall have resided in the City of Toledo or in territory subsequently annexed thereto or in the City and annexed territory in any combination continuously for at least one (1) year immediately prior to taking the oath of office. Members of Council elected from a district in 1993 and thereafter, shall also have the qualifications of an elector of the City and shall have resided in the district continuously for at least one (1) year immediately prior to taking the oath of office. The Mayor and a member of Council shall not hold any other public office, nor any other municipal employment, and shall not be interested in the profits or emoluments of any contract, job, or work or service of the municipality. The Mayor or any member of Council who shall cease to possess any of the qualifications herein required shall forthwith forfeit his or her office.
(Amended by electors 11-3-92)
The interest for gain of the Mayor and any Councilmember in any contract with the City shall be grounds to avoid such contract, either by action of the Council or by the determination of any tribunal having jurisdiction.
(Amended by electors 11-7-00)
Except insofar as is necessary in the performance of the duties of his or her office, no member of the Council shall interfere, directly or indirectly, with the conduct of the administration or directly or indirectly take any part in the appointment, promotion, or dismissal of any officer or employee in the service of the City other than the officers or employees of the Council and except insofar as Council confirmation is necessary to fill a position as required by this Charter. Except for the purpose of inquiry, the members of Council shall deal solely through the Mayor regarding the administration.
(Amended by electors 11-3-92)
The salary of the Council shall be fixed by Ordinance. The salary of Council shall not be increased or decreased during their term in office. Any ordinance establishing the salary for the Council shall be enacted by June 1 of the year prior to commencement of the term of the member of Council. Any other provision of this Charter notwithstanding, by January 30, 2001 and every fourth January thereafter a seven-member commission to review the salaries of Mayor and Council shall be created by ordinance of Council. This commission shall make salary recommendations to the Council by April 1 of that year. Any recommendation from this commission must be made by an affirmative vote of at least a four-member majority of the seven-member commission. No Ordinance granting a salary increase shall be enacted prior to receiving a report by the Commission.
For each absence of a member from regular meetings of the Council, unless excused by a vote of at least two-thirds (2/3) of all the members thereof, there shall be deducted a sum equal to two percent (2%) of his or her annual salary. For each absence of a member from regular meetings of any Council committee of which he or she is a member made up entirely of members of Council, unless excused by a vote of at least two-thirds (2/3) of all members of the Council, there shall be deducted a sum equal to one percent (1%) of his or her annual salary. A member of Council who shall be absent from ten (10) consecutive regular meetings of the Council, or from ten (10) consecutive meetings of any specific committee of which he or she is a member made up entirely of members of Council, shall operate to vacate the seat of the member, unless such absence be authorized by a majority vote of Council.
(Amended by electors 11-7-00)
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