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SECTION 2.03 PROHIBITIONS.
   (a)    A Councilmember or Mayor who ceases to be a qualified resident or who accepts and enters upon the performance of duties of an incompatible office shall automatically vacate the position as Councilmember or Mayor.
 
   (b)    No former Councilmember or Mayor holding office within twenty-eight (28) days of the effective date of this Charter shall hold any appointive office or employment with the municipality for which compensation is authorized until one year after leaving office.
 
   (c)    No Councilmember or Mayor shall have any interest in the profits or emoluments of any contract, job, work or service for which monies of the municipality are expended. (Amended November 6, 1984)
 
   (d)    Council shall be the sole judge of the qualifications of its members.
 
SECTION 2.04 ORGANIZATION.
   The newly elected Councilmembers shall subscribe to the Oath of Office set forth in Section 9.01 of this Charter immediately following the certification of election and prior to Dec. 31 of that year. On January 1 following each municipal election, or within fourteen (14) days thereafter, the Council shall meet for the purpose of organizing. At this meeting, or as soon thereafter as the Council finds feasible, the Council shall:
   (a)    Elect a Vice Mayor, who shall be a member of Council and who shall act as Mayor with full authority in the temporary disability of the Mayor, or when requested to so act by the Mayor during the latter's temporary absence from the municipality. The Vice Mayor shall be elected at a reorganization meeting of Council for a two-year term and may not be removed from that office by Council except as provided by Sections 2.03, 2.11, and Article VI of this Charter.
   (b)    Appoint a clerk, also to be known as the Clerk of Council, whose duty it shall be to keep the journal and other records of the Council and to perform other duties as the Council may require.
 
SECTION 2.05 POWERS OF COUNCIL.
   All legislative power of the Municipality shall be vested in the Council, except as otherwise provided by this Charter and the Constitution of the State of Ohio. Without limitation of the foregoing, the Council shall have and possess the following powers:
   (a)   The power to levy taxes and incur debts.
   (b)   The power to establish departments, boards and commissions and fix compensation.
   (c)   The power to provide for an independent audit of the accounts and records of the Municipality, without competitive bidding, which may be in addition to audits by state officers and agencies as may be required under the general laws of Ohio.
   (d)   The power to conduct investigations and to inquire into the conduct of any office, department, divisions, bureau, board, commission or any officer or employee of the Municipality in the performance of their public powers, duties, responsibilities, and functions.
   (e)   The power to grant any franchise, including franchises to public utilities; by ordinance adopted by a vote of not less than five members of the Council.
   (f)   The power to appoint, suspend, or remove, by a motion adopted by a vote of not less than five members of Council, the members of any board or commission of the Municipality, whether the board or commission is created by this Charter or by ordinance or resolution.
   (g)   Issue subpoenas for witnesses and to require the production of books and papers which may be necessary in the conduct of any hearing or investigation.
 
SECTION 2.06 PROCEDURES.
   (a)    The Council shall meet regularly at least once in every month as prescribed in its rules. Special meetings may be held on the call of the Mayor or of a majority of members. Whenever practicable, every member shall be given at least twelve (12) hours notice of each special meeting. All meetings shall be public. Council may recess to a closed session for the purpose of discussing any matter which would tend to defame or prejudice the reputation of any person, or matters of a confidential nature provided that the general subject matter for consideration is expressed in the motion calling for such session, and that final action thereon shall not be taken by the Council until the matter is placed on the agenda.
 
   (b)    A majority of the members of Council shall constitute a quorum.
 
   (c)    The Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. The journal shall be a public record.
 
   (d)    Action of Council shall be by ordinance, resolution, or motion. Every action of a general and permanent nature, or granting a franchise, or levying a tax, or appropriating money, or contracting a debt, or for the purchase, lease or transfer of public property, or establishing an offense and fixing a penalty therefor shall be taken by ordinance. All other action may be by resolution or motion. Any member of Council may, at a regular or special meeting, introduce any ordinance, resolution or motion.
 
   (e)    Each ordinance or resolution shall contain only one subject, which shall be expressed in its title; provided that appropriation ordinances may contain the various subject, accounts, and amounts for which monies are appropriated, and that ordinances and resolutions which are codified, recodified or published in book form are not subject to the limitation of containing one subject.
 
   (f)    Except on procedural motions voting shall be by roll call and the yeas and nays shall be recorded in the journal. The affirmative votes of at least a majority of the members of Council shall be required for every action.
 
   (g)    Every ordinance shall be fully and distinctly read on three different days, unless each member has previously been furnished a copy thereof, in which case it can be read by title only. By an affirmative vote of five (5) members of Council, the Council can suspend the rule requiring the reading of an ordinance on three different days.
 
   (h)    Except as otherwise provided in this Charter, each ordinance approved by the Council will be effective at the end of thirty days following passage, or such longer period as is determined by the Council. If the Council determines that an ordinance should be passed on an emergency basis, the reasons for declaring such ordinance to be an emergency measure shall be set forth in one section of the ordinance, which section shall be passed only upon a yea and nay vote upon a separate roll call with at least five (5) of the membership voting affirmatively. No ordinance prescribing rates and charges by a public utility, or granting a franchise, or levying a tax, shall be passed as an emergency measure. An emergency ordinance shall become effective immediately upon passage, or at such later time as it may specify.
 
   (i)    Council shall not have the authority to delegate its legislative power.
 
SECTION 2.07 PUBLICATION.
   The Clerk shall certify by his/her signature and record in full in properly indexed books, kept for the purpose, all ordinances and resolutions adopted by the Council. Ordinances shall be published in a newspaper of general circulation in the municipality, or by posting in at least five prominent places in the municipality (as prescribed by Council.) Publication may be in summary form with notice that a few text thereof may be obtained from the Clerk of Council. Copies of all ordinances, resolutions, and amendments to this Charter shall be available for public inspection in the office of the Clerk. They may also be distributed or sold to the public at such reasonable prices as are set by the Council.
 
SECTION 2.08 DUTIES OF THE MAYOR.
   The Mayor, in addition to the powers, duties and functions as a member of the Council, shall: preside at all meetings of the Council; serve as the official head of the Municipality for all ceremonial purposes; exercise judicial functions as conferred upon mayors of municipal corporations by the general laws of Ohio; be recognized as the head of the municipal government for military purposes; and shall perform all other powers, duties and functions imposed upon the Mayor by this Charter, ordinances or resolutions adopted by the Council, or by the general laws of Ohio to the extent such laws are consistent with this Charter and ordinances and resolutions adopted by the Council.
 
SECTION 2.09 SALARIES OF MAYOR AND COUNCILMEMBERS.
   The salaries of members of the Council shall be established by Council by ordinance or resolution to be adopted no later than July 1, of each odd numbered year commencing in the year 1981. The salaries so established shall be effective for a two year period beginning January 1, of the year immediately following the adoption of the ordinance or resolution establishing them. In the event Council shall fail to establish salaries as required in this section, the salaries in effect for the prior two year period shall remain in effect until changed in accordance with this section. The initial salary of members of the Council under this Charter shall be that salary established for such office and in effect on January 1, 1981 and if none have been established, the Council first elected under this Charter shall establish such salaries within ninety days. Additional compensation may be established for the office of Mayor in the same manner as provided for establishing the compensation of the members of the Council. No increase shall be effective during the terms of the Mayor or Councilmembers in office at the time such ordinance is passed.
 
SECTION 2.10 INVESTIGATIONS.
   (a)    Interference with Administration. Except for the purpose in inquiry and investigation, the Council, its committees, and members, including the Mayor, shall deal with municipal officers and employees in the administrative service only through the Manager. Neither the Council, its committees or any member shall interfere with the appointment or removal of any officer or employee subordinate to the Manager nor give any order to a subordinate of the Manager either publicly or privately, except as otherwise provided in this Charter.
 
   (b)    Investigations. Notwithstanding the above, the Council may make investigations into municipal affairs and the conduct of any department or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of this power shall be guilty of a misdemeanor punishable by a fine of not more than $50.00 or such other sum as Council shall ordain, or by imprisonment for not more than thirty days, or both; and if such person is an employee of the administrative service of the Municipality, such refusal shall be grounds for dismissal.
 
SECTION 2.11 VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES.
   (a)    Council shall declare the office of Councilmember or Mayor vacant upon death, resignation, violation of Section 2.03 of this Charter, recall in accordance with Section 6.01 of this Charter, conviction of a crime involving moral turpitude, or failure to attend three (3) consecutive regular meetings of the Council without being excused by a majority of the other members.
 
   (b)    The Council shall provide written notice by certified mail of its intention to consider whether to declare a vacancy in the Council to any affected Councilmember accused of conduct which gives rise to removal. The member shall be allowed thirty (30) days to respond to such notification.
 
   (c)    If a vacancy occurs on or before the second June 30 following the commencement of a term, the vacancy shall be filled by appointment by a majority of the remaining members of Council; but such appointment shall expire immediately following the certification of the results of the next Council election. Whether or not such appointment was made, the vacancy for the unexpired term shall be filled at the next regular Council election. The three candidates with the highest number of votes shall be declared elected to full terms, and the next candidate or candidates shall be declared elected to the unexpired term or terms.
   If a vacancy occurs after the second June 30 following commencement of a term, the vacancy shall be filled by appointment for the balance of the term.
   In order to fill a vacancy on Council, Councilmembers shall have the opportunity on every ballot cast to vote for anyone of the qualified electors seeking appointment to Council who have submitted a letter requesting appointment to the Mayor or Acting Mayor within fifteen (15) days following the official public announcement by the Mayor or Acting Mayor of a vacancy on Council. The Mayor or Acting Mayor shall make such public announcement at the first Council meeting after the vacancy is established declared.
 
   (d)    If a vacancy occurs in the office of Mayor on or before the second June 30 following the commencement of a term, the Vice Mayor shall become Mayor, and shall remain in that office until the certification of the results of the next Councilmanic election, at which time a Mayor shall be elected for a two-year term. The resulting vacancy on Council shall be filled in accordance with Section 2.11(b). Council shall then elect one of its members to be Vice Mayor until the next Reorganization Meeting of Council.
 
   (e)    If a vacancy occurs in the office of Mayor after the second June 30 following commencement of a term, the Vice Mayor shall become Mayor, and the resulting vacancy on Council shall be filled in accordance with Section 2.11(b). Council shall then elect one of its members to be Vice Mayor until the next Reorganization Meeting of Council.
 
   (f)    If a vacancy on Council occurs and no appointment to fill the vacancy can be made because no qualified candidate for appointment receives a majority vote of the remaining Councilmembers within thirty days of the official announcement that a vacancy exists, the Mayor shall appoint within thirty days thereafter, one of the qualified candidates to fill the vacancy. (Amended November 6, 1985)
 
SECTION 2.12 ADVISORY COMMISSION.
   Upon authorization by the Council, the Mayor may appoint such advisory commissions as deemed desirable. However, no such advisory commission shall have the power to appoint municipal employees.
 
SECTION 2.13 ADOPTION OF CODES.
   Council may adopt or incorporate by reference, codes prepared by the state or any department, board or other agency or political subdivision of the state, or any standard or model ordinance or code prepared and promulgated by a public or private organization, including but not limited to codes and regulations pertaining to fire, fire hazards, fire prevention, plumbing, electrical, building, and other matters as Council may deem appropriate. The ordinance or resolution adopting any standard ordinance or code shall make reference to the date and source of the standard ordinance or code without reproducing it at length in the ordinance or resolution. If the Council desires to modify, by additions to or deletions from such codes or standard ordinances, such modifications shall be clearly stated in an ordinance or resolution. Subsequent amendments or changes to codes, standard codes or ordinances may also be adopted and incorporated by reference. When adopted by reference, publication of the standard ordinance or code shall not be required, but copies of same shall be kept in the office of the Clerk of Council to be available to interested persons.