Section 27A. Apportionment Board.

   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)

Section 28. General Qualifications for Mayor and Council.

   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)

Section 29. Interest of Mayor and Members of Council in City contracts.

   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)

Section 30. Council member shall not interfere with Administration.

   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)

Section 31. Salary and Attendance of Council Members.

   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)

Section 32. Meetings of Council.

   At five-thirty o'clock p.m. on the first business day of January following a regular City election, the Council shall meet at the usual place for holding meetings, at which time the newly elected Council members and the Mayor shall assume the duties of their respective offices. Thereafter, the Council shall meet at such times as may be prescribed by ordinance or resolution. The President of Council, or any seven (7) members thereof may call special meetings upon at least twenty-four (24) hours written notice to each member and the Mayor, served personally on each or left at such member's usual place of residence. Such notice shall state the subjects to be considered at the meeting, and no other subject shall be then considered.

   All meetings of the Council or committees thereof shall be conducted in accordance with the open public meeting laws of the State of Ohio. The Clerk of Council shall make all minutes and records of all meetings of Council accessible to any citizen at reasonable times.

(Amended by electors 11-3-92)

Section 32A. President of Council.

   At the organizational meeting on the first business day of January following each regular City election, the Council shall elect one of its members as President who shall serve as President at the pleasure of Council. The President shall preside at meetings of the Council, perform such duties as presiding officer as may be conferred upon him or her by Council, and shall prepare the agenda for the meetings of Council in consultation with the Mayor, or the Mayor's designated representative, and with the Clerk of Council. In the event of the death, removal, or resignation of the President of Council, the Council shall elect one of its members to fill the vacancy. If the President is temporarily disabled from performing the duties of President for any cause, the Council shall elect a President pro tempore to act during such disability.

(Amended by electors 11-7-00)

Section 33. Officers and employees.

   The Council shall choose a Clerk and such other officers as are necessary, who shall serve at the pleasure of the Council. The Clerk and employees shall hold over until the new Council is organized.