Table of Contents
Section 1.01 Incorporation
Section 1.02 Powers
of the City
Section 1.03 Manner
of Exercising of Power
Section 2.01 Powers
Membership and Term
Council as a Continuing Body
President of Council
Section 2.07 Quorum
Council Relationship to Administrative Officers
Actions Not Permitted as Emergencies
Section 2.15 Public
Notice Before Adoption
Effective Date of Ordinances and Resolutions
Section 2.17 Public
Publication of Resolutions and Ordinances
Section 3.01 Term and
Mayor's Right in Council
Mayor's Veto Power
Section 3.06 Acting
Responsibility to the Electorate
Section 4.01 City
Directors and Department Heads
Section 4.03 The
Director of Public Safety and Service
Section 4.04 Powers
and Duties of Director of Public Safety and Service
Section 4.05 The
Director of Law
Section 4.06 The
Director of Finance
Section 4.07 Public
Commissions and Boards
Creation of New Departments: Change of Duties
Section 5.01 Civil Service
Section 5.02 Civil
Service Commission: Powers and Duties
Section 6.01 Effect of State
Contracts and Purchasing
Salaries and Bonds
Section 6.05 Annual
Audits and Uncollectible Accounts
Section 7.01 General
Qualifications of Elected Officers
Section 7.04 Voting
Elections for Nomination and Election of Officers
Beginning of Term of Office
Election and Appointment to Fill an Unexpired Term
Initiative and Referendum
Section 7.09 Recall
Section 8.01 Conflict of
Officers and Employees
Transition of Departments, Offices and Agencies
We, the people of Orrville, in the County of Wayne and State of
Ohio, in order to secure for our City and for ourselves and our children the advantages of
self government conferred by the home rule provisions of the Ohio Constitution, do hereby
adopt this Charter.
Incorporation and Powers
The present municipality, as its limits are now, or may hereafter be
established in the manner authorized by the laws of Ohio, shall be and continue to be a
municipal corporation of the State of Ohio in perpetuity, under the name of the City of
The City shall have all powers possible for a city to have under the
Constitution and laws of the State of Ohio as fully and completely as though they were
specifically enumerated in the Charter.
Section 1.03 - Manner of Exercise of Powers
All such powers shall be exercised in the manner prescribed in this
Charter, or if not prescribed herein, in such manner as shall be provided by ordinance of
the Council, and when not prescribed in this Charter or provided by ordinance of council,
then such powers shall be exercised in the manner provided by the general laws of the
State of Ohio until the Council shall provide a different manner of exercising such
The powers of the City under this Charter shall be construed liberally
in favor of the City, and the specific mention of particular powers in the Charter shall
not be construed as limiting in any way the general power stated in this article.
Section 1.05 - Intergovernmental Relations
The City may exercise any of its powers or perform any of its functions
and may participate in the financing thereof, jointly or in cooperation, by contract or
otherwise, with any one or more states or civil divisions or agencies thereof, or the
United States or any agency thereof.
The legislative power of the City shall be vested in the Council.
shall be composed of seven members, one to be nominated and elected from each of the four
wards, and three to be nominated and elected at large. Except for the first election under
this Charter, all Council members shall be elected for a term of four years.
At the first election under this Charter held in November 1977, the
Council members from wards one and three shall be elected for a term of two years, and the
Council members from wards two and four shall be elected for a term of four years. Of the
three at-large members elected, the two receiving the greatest number of votes shall serve
a term of four years; the remaining one shall serve a term of two years.
Council shall be the sole and final judge of the election and
qualification of its members. Any member of Council who shall cease to possess or who
violates any of the qualifications in the Charter shall forfeit his office. Failure of any
member of Council to maintain said qualifications shall not render void or ineffective any
action of the Council taken during the time he was not qualified.
Council may remove any member for gross misconduct, or malfeasance,
misfeasance or nonfeasance in office; or for conviction while in office of a crime
involving moral turpitude; or if adjudicated legally incompetent; or for a violation of
his oath of office; or persistent failure to abide by the rules of Council; or absence
without justifiable excuse from four consecutive regular meetings of Council, or from nine
regular meetings in one year excused or not. However, such expulsion shall not take place
without the concurrence of two-thirds of the remaining members of Council, nor until the
accused member shall have been notified in writing of the charge against him at least
fifteen days in advance of a public hearing upon such charge, and at which time he or his
counsel shall be given an opportunity to be heard, present evidence, and examine, under
oath, any witness appearing in support of such charge.
Section 2.04 - Council as a Continuing Body
The Council shall be a continuing body and proceedings which have been
lawfully begun by one Council can be prosecuted by succeeding Councils until completed and
The President of Council shall be elected at large for a term of four
years, to run concurrently with the terms of the Mayor as specified in Section 3.01. He
shall preside at all meetings of Council, but shall have no vote, except in the case of a
tie. When the Mayor is absent from the City or unable to perform his duties, the President
of Council shall become Acting Mayor and shall have the same powers and perform the same
duties as the Mayor. He shall perform such duties as presiding officer as may be imposed
upon him by the Council. He shall be an ex-officio member of all committees created by
Council; he shall be notified by the committee chairmen of all meetings of said committees
and entitled to attend the same.
Within the first eight days of January following each regular municipal
election, the Council shall organize itself and appoint a Clerk of Council and other
necessary employees of Council, and set their duties, bonds and compensation, and appoint
from its membership a President pro tempore who, without relinquishing his right to vote
on all matters coming before Council, shall perform the duties of the President of Council
during his absence from any meeting of Council and while the President of Council is
absent from the City or is temporarily unable for any cause to perform his duties. Council
shall adopt its own rules, regulations, and bylaws except as otherwise provided in this
A majority of the members elected or appointed to Council shall
constitute a quorum for the transaction of business at any meeting of Council, but a
lesser number may adjourn the meeting from time to time and compel the attendance of
absent members in such manner and under such penalties as Council may prescribe. The
passage of ordinances and resolutions shall require the affirmative vote of a majority of
those elected or appointed to Council, unless a larger number is specified in this Charter
or by the laws of the State of Ohio.
The Clerk of Council shall keep a journal of the proceedings of the
Council. Voting upon any ordinance or resolution or motion shall be by roll call, and the
vote of each member shall be entered upon the journal. The journal shall be open for
public inspection at all reasonable times.
The Council shall hold regular meetings at least twice a month, the time
of which shall be prescribed by ordinance. Council may dispense with regular meetings for
not more than one month each year. All meetings shall be held in the Council Chambers,
except for exceptional circumstances when the President of Council may designate another
location, and give public notice by newspaper publication, when practical, or by posting
the change of location at the Council Chambers.
Special meetings may be called by a majority vote of Council taken at
any regular or special meeting; or shall be called by the Clerk of Council upon request of
the Mayor, President of Council, or any three members of Council. Any such vote or request
shall state the time and subject or subjects to be considered at the meeting and no action
shall be taken on any other matters. Twenty-four hours written notice of the time and date
of special meetings called by request of the Mayor, President of Council, or three Council
members shall be given to each member of Council, the President of Council, and the Mayor
either personally or by delivering a copy thereof to his usual place of residence. Service
of such notice may be waived by an instrument in writing signed prior to the time of such
meeting, and the Mayor, President of Council, and any member of Council shall be deemed
conclusively to have waived such notice by attendance at such meeting.
In adopting its own rules and regulations, Council shall provide for an
opportunity during the meeting wherein any group or person attending any regular or
special meeting shall be permitted to speak on any matter, past or current, pertinent to
All meetings of the Council shall be open to the public except the
portions thereof devoted to the discussion of threatened or actual litigation, personnel
matters, and the sale and acquisition of land.
Section 2.10 - Council Relationship to
Neither Council, nor its committees, shall in any manner take part in
the discipline of, nor give orders to, any subordinates and employees in the
administrative service of the municipality responsible to the Mayor, but must deal
directly with the Mayor or Executive Officers. Council may inquire into the conduct of any
office or department or any of the affairs of the City.
All legislative action of Council shall be by ordinance or resolution,
introduced in written or printed form. No ordinance shall contain more than one subject
which shall be clearly expressed in its title. Ordinances involving general
appropriations, however, may contain the various subjects and accounts for which moneys
are to be appropriated. Any member of Council may introduce legislation at any regular or
special meeting of Council.
No resolution or ordinance shall be revised or amended unless the
resolution or ordinance superseding it contains the entire resolution or ordinance so
revised or amended, or the section or sections so revised or amended, and, having been
revised or amended, the original resolution or ordinance, or section or sections, shall be
Resolutions and ordinances shall be read before passage in the manner
and for the number of times required by general law, except that ordinances and
resolutions shall be deemed to have been read if a written or printed copy of the
ordinance or resolution shall have been furnished to each member of Council prior to the
meeting at which it is introduced and if the title thereof is fully read. However, such
ordinance or resolution shall be read in full at the request of a majority of the members
present. Council may suspend the rules requiring more than a single reading by the
affirmative vote of three-fourths of all of its members.
When necessary for the preservation of the public peace, health, and
welfare or safety, the Council, by an affirmative vote of two-thirds of the members, may
adopt an emergency ordinance or resolution which shall set forth and define the specific
facts necessitating the emergency. Such emergency ordinances or resolutions shall take
effect at the time indicated therein. Emergency ordinances or resolutions shall be
published as other ordinances or resolutions after passage.
Section 2.14 - Actions Not Permitted as Emergencies
No ordinance or resolution authorizing the surrender or joint exercise
of its powers; or in establishing new positions in the classified or unclassified service
of the City; or regulating the rate charged by any public utility; or in the adoption,
amendment or repeal of any ordinance relating to zoning or to the use and occupancy of
land or structures thereon; or in the changing of any ward boundaries; or in authorizing
any changes in the boundaries of the municipality or the sale of the electric, waterworks
or waste water treatment plants or the distribution and collection systems appurtenant
thereto shall be adopted as an emergency measure.
Section 2.15 - Public Notice Before Adoption
No ordinance or resolution authorizing the surrender or joint exercise
of any of its powers; or in the granting of any franchise; or in establishing new
positions in the classified or unclassified service of the City; or regulating the rate
charged by any public utility; or in the adoption, amendment or repeal of any ordinance
relating to the use and occupancy of land or structures thereon; or in the authorization
of any change in the boundaries of the municipality, shall be adopted unless public notice
is given in a newspaper of general circulation with the City at least seven (7) days
before adoption by Council. Such public notice shall be given by publishing the title, a
summary, or the full text of the ordinance or resolution, as may be authorized by Council,
and shall contain a statement that a copy of said ordinance or resolution is available for
public inspection in the office of the Clerk of Council.
Section 2.16 - Effective Date of Ordinances and
Each resolution or ordinance providing for the appropriation of money;
or establishing new positions in the classified or unclassified service of the City; or
for the annual tax levy; or for improvements petitioned for by the owners of a majority of
the adjacent property to be benefitted and specially assessed therefor, and any emergency
ordinance necessary for the immediate preservation of public peace, health, welfare, or
safety, shall take effect, unless a later date be specified therein, upon its approval by
the Mayor, or upon its passage after veto by the Mayor, as the case may be.
No other resolution or ordinance shall become effective until thirty
days after (1) its approval by the Mayor, or (2) the expiration of the time within which
it may be vetoed by the Mayor, or (3) its passage after veto by the Mayor, as the case may
Those actions of Council which require public hearings under the general
laws of Ohio shall require public hearings under this Charter.
Section 2.18 - Publication of Resolutions and
Within ten days of passage, all resolutions and ordinances required by
general laws to be published shall be published once in a newspaper of general circulation
in the City by number and title; or by number, title and summary; or in full, as may be
authorized by Council. Such publications shall announce that a copy of the resolution or
ordinance is available for public inspection at the office of the Clerk of Council.
Section 3.01 - Term and Qualification
shall be elected for a four (4) year term, to begin on the first of January next following
The Mayor shall be a qualified elector of the municipality, and shall
have been, immediately prior to the date of filing his declaration of candidacy, a
continuous resident of the municipality or any territory annexed thereto, for one (1)
year. During his term of office, he shall continue to be a resident and qualified elector.
If the Mayor shall cease to possess any of the qualifications for such office, he shall
forthwith forfeit his office.
The Mayor shall exercise supervision and control of all departments and
divisions of the City. He shall be the chief conservator of the peace within the City, and
shall see that all laws, ordinances and resolutions are faithfully obeyed and enforced. He
shall have the power: (1) to appoint, promote, transfer, reduce or remove any officer or
employee or appointee of the City, but such power shall be subject to the other provisions
of this Charter, or to the laws of the State of Ohio where it is beyond the competence of
this Charter to provide; (2) to initiate departmental reorganization in accordance with
Section 4.09 of this Charter; (3) to exercise those judicial powers granted to mayors
under the general laws of Ohio; (4) to perform other powers and duties granted by
ordinance or resolution.
The Mayor shall be recognized as the official and ceremonial head of the
government by the Governor for military purposes and by the courts for the purpose of
serving civil processes.
Section 3.04 - Mayor's Right in Council
The Mayor shall attend Council meetings, but shall have no vote therein.
He shall have the right to recommend and introduce legislation and to take part in the
discussion of all matters coming before Council.
Every ordinance or resolution of a general or permanent nature shall be
signed by the President of Council, or, in his absence, by the President pro tempore and
shall be presented forthwith to the Mayor by the Clerk of Council. If the Mayor approves
such ordinance or resolution, he shall sign and return it, but if he does not approve it,
he shall return it with a statement of his objections within ten (10) days to the Council,
who shall enter his objections on its journal. If it is not returned within ten (10) days
after submission to the Mayor, it shall become effective as provided in Section 2.16 of
The Council may then reconsider the vote on the passage of such
legislation not later than at its next regular meeting. If, on reconsideration, it is
approved by two-thirds of the members of Council, it shall become effective as provided in
Section 2.16 of this Charter.
The Mayor may disapprove any item or items of an ordinance making an
appropriation of money, and the item or items so disapproved shall be void unless repassed
by Council in the manner herein prescribed.
During such period when the Mayor is absent from the City, or is
otherwise not accessible, or it temporarily unable for any cause to perform his duties,
the President of Council shall be the Acting Mayor, but he shall not thereby cease to be
President of Council.
In the event of the death, resignation, or recall from office of the
Mayor, or his ceasing to qualify for such office, the President Of Council shall succeed
to the office of Mayor to serve the unexpired term and until a successor is elected and
qualified. The office of President of Council shall become vacant and shall be filled as
provided in Section 7.07 of this Charter.
Section 3.08 - Responsibility to the Electorate
The Mayor is responsible to the electorate for the proper administration
of the City by virtue of the power of appointment and the power of removal of the
administrative officers as provided for by this Charter.
The Mayor shall hold not less than one (1) public meeting per calendar
year. At such time, the Mayor and the Directors and Department Heads shall meet with the
public for a discussion of the affairs of the City.
Administrative Officers, Departments,
Boards and Commissions
Unless modified as provided in Section 4.09 of this Charter, or by the
creation by ordinance of new agencies, the administrative branch of the City shall consist
of the following departments:
Public Utilities, and
Public Safety and Service. Each department shall consist
of the director thereof and such assistants as Council shall by ordinance provide.
Section 4.02 - Directors and Department Heads
All directors and director heads shall have control and supervision over
employees and the work of their departments.
Every director and department head shall be a resident of the City of
Orrville, or shall become a resident within a reasonable time after his appointment and
shall remain a resident throughout his tenure.
Section 4.03 - The Director of Public Safety and
The Director of Public
Safety and Service shall be appointed by the Mayor solely on the basis of his
executive and administrative qualifications in the profession of public management, as
judged by the adequacy of his technical training and his successful experience in public,
commercial or industrial administration.
Section 4.04 - Powers and Duties of the Director of
Public Safety and Service
The Director of Public Safety and Service shall be responsible to the
Mayor for the general supervision and proper operation of the Departments of Police, Fire,
and Streets, Parks, and Cemeteries.
He shall serve as purchasing agent for all departments under his
supervision or control, and shall be a member of the Board of Control, as provided for in
Section 6.03 of this Charter.
He shall perform such other administrative duties as may be specified in
this Charter, or required of him by the Mayor.
The Director of Law
shall be appointed by the Mayor, with the approval of Council. He shall be qualified to
practice law in the State of Ohio. He shall serve as legal counsel to the administration
and legislative branches of the City.
Section 4.06 - The Director of Finance
The Director of
Finance shall be appointed by the Mayor, with the approval of Council on the basis of
his competence as demonstrated by experience, education, or both. The Mayor may also
designate an officer or employee of the City, who, during the absence or disability of, or
during a vacancy in the office of, the Director of Finance, shall exercise the powers and
discharge the duties and functions of the Director of Finance under the title of Acting
Director of Finance. The Director of Finance shall have knowledge of municipal accounting
and taxation, and shall have had experience in budgeting and financial control. He shall
have charge of the administration of the financial affairs of the City under the direction
of the Mayor, and to that end, he shall have authority and shall be required to:
- Prepare and submit the current income and expense estimates for the
budget as directed by the Mayor.
- Supervise and be responsible for the disbursement of all monies, and
control all expenditures so that appropriations are not exceeded.
- Maintain a general accounting system for the City government; keep
accounts for and exercise budgetary control over each office, department and agency; keep
separate appropriations accounts each of which shall show the amount of the appropriation,
the encumbrances thereon, the amounts expended therefrom, and the unencumbered balance
therein; require reports of receipts and disbursements from each receiving and disbursing
agency of the City government at such intervals as he may deem expedient and in such form
as he shall require.
- Submit to the Mayor upon request, but not less often than monthly, a
statement of receipts and disbursements and account balances in sufficient detail to show
the financial condition of the City.
- Prepare for the Mayor, as of the end of each fiscal year, a complete
financial statement and report.
- Receive and record all fees and revenues due the City.
- Have control of all public funds belonging to or under control of the
City, or any office, department or agency of the City government, and deposit said funds
in such depositories as may be designated by resolution of the Council.
- Have control of all investments and invested funds of the City
government, or in possession of such government in a fiduciary capacity; make all
investments on behalf of the City after consultation with the Mayor and Director of Law;
and have the safekeeping of all bonds and notes of the City and the receipt and delivery
of City bonds and notes for transfer, registration or exchange.
- Attend, in person or by his authorized delegate, all regular Council and
Public Utilities Board meetings.
- Perform such other services, not inconsistent with this Charter, as may
be required by either the Mayor or the Council.
Section 4.07 - Public Utilities Board
(a) Appointment, Qualifications, Term of Office --- The
Public Utilities Board shall
consist of five members, appointed by the Mayor with the approval of Council. Members
shall be residents of the City of Orrville, except that not more than one member may be a
resident of any area outside the City, which is served by one or more of the utilities
under the control of the Board, who is a paying user of one or more of such utilities. No
member of the Board shall hold any other office or employment with the City. The terms of
office of members of the Board shall be five years, and no member shall serve for more
than three terms in succession.
(b) Officers and Meetings --- The Public Utilities Board shall elect
annually from among its members, at the first meeting of the Board in January, a President
who shall preside at all meetings of the Board, and a Vice President, who shall preside in
the absence of the President. The Board shall hold regular meetings at least twice a month
at a designated time and place. The Board may dispense with regular meetings for not more
than one month each year. The board shall provide, in its rules and regulations,
procedures for calling special meetings. All meetings of the Board shall be open to the
public except the portions thereof devoted to actual or threatened litigation, personnel
matters and matters involving the sale and acquisition of land.
(c) Powers and Duties --- The Public Utilities Board shall be
responsible for the operation and maintenance of, and any improvements or expansions of,
the electric, water, and sanitary sewer utilities of the City, and may adopt such rules
and regulations, not inconsistent with this Charter, as the Board shall deem necessary for
the conduct of its affairs and for the management and operation of the utilities, and for
the supervision of the officers and employees of the City under its control. The Board
shall recommend rates to be charged for the use and consumption of the products and
services of such utilities as shall be sufficient at all times to provide for the
economical and efficient operation and management of such utilities, and for the payment
of debt service charges on notes or bonds of the City issued for the improvement or
expansion of any of such utilities. Any recommended adjustment in such utility rates shall
be submitted to the Council at a regular meeting for its review and approval or
disapproval, which shall be by administrative action taken not sooner than at the next
regular meeting, and upon approval, such adjustment in rates shall become effective
immediately. If the Council fails to approve or disapprove such recommended rates not
later than the fifth regular meeting of the Council following the receipt of such
recommendation from the Public Utilities Board, such recommended rates shall become
effective immediately following such fifth meeting.
(d) Director of Utilities --- The Public Utilities Board shall appoint a
Director of Utilities, who
shall be the managing head of the Department of Public Utilities, and who shall be
responsible to the Board for the proper operation and maintenance of the utilities which
are under the control of the Board, and, with the approval of the Board, for the
selection, promotion, demotion, discipline and removal of the other officers and employees
of the Department of Public Utilities.
Section 4.08 - Commissions and Boards
Boards in existence at the time this Charter goes into effect, and not abolished
herein, shall continue as provided in the statutes or ordinances created and governing
such Boards and Commissions, unless modified in accordance with this Charter.
Section 4.09 - Creation of New Departments: Change
Any office, department, commission, board or agency may be created,
changed or abolished by ordinance, other than the offices, departments, commissions,
boards and agencies established by this Charter. Additional duties or functions may be
assigned by ordinance to offices, departments, commissions, boards and agencies
established by this Charter, but may not discontinue or assign to any other office,
department, commission, board or agency any function or duty assigned by this Charter to a
particular office, department, commission, board or agency.
The Civil Service
Section 5.01 - Civil Service Commission
A. There is hereby created and established a
Civil Service Commission, which shall consist of three
members, appointed by the Mayor for terms of six years each, provided that the persons
holding the office of member of the Civil Service Commission at the time this Charter
takes effect shall continue to serve in that office for the remainder of their terms, but
shall exercise the powers, duties and functions as provided in this Charter. Not more than
two members shall be of the same political party.
B. All compensated positions in the service of the City shall be in the
classified service, and shall be appointed pursuant to competitive examinations, except
the following, which shall comprise the unclassified service of the City:
- Members of Council, including the President of Council.
- All clerical employees of the Council.
- The Mayor.
- Directors, Assistant Directors, Managers and Superintendents except those
persons in superintendent positions which were in the classified service of the City on
November 3, 1981.
- Members of Boards and Commissions established by this Charter or by
ordinance of Council.
- Volunteer members of the Department of Fire and members of the auxiliary
police unit and dispatchers within the Department of Police.
- The Secretary of each Board and Commission established by this Charter or
by ordinance, provided that if such Secretary holds other employment within the classified
service of the municipality, this Section shall not exempt such person from the
requirement of competitive examination to hold such other employment.
- Persons of exceptional professional or scientific qualifications employed
- Unskilled laborers, as defined and authorized by the Civil Service
Commission, and temporary employees who are not employed for more than one hundred eighty
(180) continuous days or for more than one hundred eighty (180) days in one (1) year.
- One personal secretary each to the Mayor, the Director of Finance, the
Director of Safety and Service, and the Director of Utilities; provided, however, that it
shall be necessary for such positions to have been created by Council.
- In the creation of new positions within the City government, the Council
shall determine whether such office or position is to be in the classified or unclassified
Section 5.02 - Civil Service Commission: Powers and
The provisions of general law regarding selection, promotion, demotion,
discipline and removal of employees within the classified service of the Municipality as
provided by Section 5.01 of this Charter shall be applicable under this Charter, unless
such provisions conflict with the provisions of this Charter, and provided that the Civil
Service Commission shall have the power to adopt rules and regulations concerning the
selection, promotion, demotion, discipline and removal of employees within the classified
service of the municipality, which rules and regulations may modify, supplement or
supersede the laws of the State of Ohio, and in the case of conflict shall prevail over
Taxation and Finance
Provisions of the Constitution and laws of Ohio, or amendments thereto,
relating generally to budgets, appropriations, deposits, expenditures, debts, bonds,
contracts and other fiscal matters of a municipality shall be applicable to the
municipality, except as modified by, or necessarily inconsistent with, the provisions of
The power of Council to levy taxes shall be subject to the limitations
provided by the Constitution and laws of Ohio, and nothing contained in this Charter shall
be construed to authorize the levy of any taxes in excess of said limitations without a
vote of the people.
Section 6.03 - Contracts and Purchasing
The bidding and awarding of contracts shall be as established by
ordinance. The General board of control consisting of the Mayor, Director of Safety and
Service, and the Director of Finance shall have such responsibility regarding the
consideration and awarding of contracts as Council authorizes by ordinance. The Public
Utilities board of control consisting of the Mayor, Director of Utilities, and Director of
Finance shall have such responsibility regarding the consideration and awarding of
contracts in the Department of Public Utilities as Council authorizes by ordinance.
The Council shall have the power to fix the compensation of all elected
and appointed officials, of all officers of the municipality, of each job classification,
and the members of any board or commission of the municipality, whether elected or
appointed. The Mayor, Director of Safety and Service, Director of Finance and other such
officials or employees, or members of boards and commissions, as Council may require,
shall give bond in such amount and with such surety as may be approved by Council. The
premium for such bonds shall be paid by the municipality. The compensation of the elected
officials shall be fixed at least thirty (30) days prior to the filing date of the
nominating petitions for the terms beginning on the next succeeding first of January, and
shall not be changed during the term of office. The Council may authorize the payment or
reimbursement of expenses incurred by any officer, employee or member of any board or
commission of the municipality for travel, membership in an association, or otherwise in
the interest of the municipality.
Section 6.05 - Annual Audits and Uncollectible
Council may authorize a financial audit of any or all affairs of the
City. This may be in addition to audits by the State of Ohio, and shall be made by a
certified public accountant familiar with City audits, who is not in the employ of the
City or financially interested in any transaction to be audited. Council may in addition
cause other audits for any purpose to be made at any time.
The Council shall have the authority to establish by ordinance a
procedure for removing from the books of the City uncollectible accounts.
Nomination, Elections, Qualifications,
Initiative, Referendum and Recall
Except as otherwise provided in this Charter, the general laws of Ohio
shall govern all matters pertaining to nominations of candidates, elections, assumption of
office by elected officers, and conduct of elected officers of this municipality.
All citizens qualified by the Constitution and laws of the State of Ohio
to vote in the City, and who satisfy the requirements for registration prescribed by law
shall be qualified electors of the City within the meaning of this Charter.
The term "elected officers" as used in this Article includes
all persons, legislative and executive, who, by the terms of this Charter are required to
Section 7.03 - Qualifications of Elected Officers
Each elected officer of the City shall be an elector of the
municipality, and shall have resided therein or in a territory annexed thereto for a
period of at least one year prior to nomination for such office and shall continue to
reside therein during the term of office.
Each Councilman elected to represent a ward shall be a continuous
resident and qualified elector of the ward he represents, or territory annexed thereto,
during his term of office.
Any elected officer who ceases to possess such qualifications shall
forfeit his office.
All matters pertaining to voting districts within the municipality,
including their designation, number, apportionment and reapportionment, shall be governed
by the general laws of the State of Ohio.
Section 7.05 - Elections for Nomination and Election
Primary and regular municipal elections shall be held at the times and
in the manner prescribed by the general laws of Ohio, except as otherwise provided in this
Section 7.06 - Beginning of Term of Office
The term of office for each elected officer shall begin on January 1st
following the regular municipal election at which he is elected.
Section 7.07 - Election and Appointment to Fill an
If a vacancy occurs in the office of President of Council or member of
Council at any time prior to the ninetieth day before any general election to occur when
the unexpired term of such office is more than two years, an election to fill such vacancy
shall be held at such general election. Candidates to fill such vacancy shall be nominated
by petition in the manner provided by general law. The candidate receiving the largest
number of votes at such election shall assume the office on the first day of January next
following the election, and shall serve for the balance of the unexpired term. Within
thirty days after any such vacancy occurs, Council shall by majority vote of the remaining
members appoint a qualified person to fill the vacancy on a temporary basis until a
successor is elected and qualified.
If a vacancy occurs in the office of the President of Council or member
of Council at any time after the date specified in the preceding paragraph, the vacancy
shall be filled for the remainder of the unexpired term by appointment of a qualified
person by majority vote of the remaining members of Council within thirty days after the
In the event the Council fails to fill any vacancy within thirty days,
as provided in this section, the Mayor shall make such appointment.
Section 7.08 - Initiative and Referendum
The powers of initiative and referendum are reserved to the people.
Ordinances and other measures may be proposed by initiative petition and adopted by
election, and ordinances and other measures adopted by the Council shall be subject to
referendum, to the extent and manner now or hereafter provided by the general laws of
Ohio, except as otherwise provided in this Charter.
Whoever seeks to propose an ordinance or measure by initiative petition
or files a referendum petition against any ordinance or measure adopted by Council, shall,
before circulating such petition, file a verified copy of the proposed ordinance or
measure with the Director of Finance. Initiative and referendum petitions shall be filed
with the Director of Finance, who shall certify such petitions within the time prescribed
by the general laws of Ohio.
The power of recall of elected officials is reserved to the people. The
procedure to be followed shall be as provided by Section 705.92 of the Revised Code of
Ohio, as that Section may be amended or revised, or if that Section shall be repealed or
the Section number shall be changed, then as provided by any other general law applicable
to non-charter municipalities.
No elected or appointed officer of the City shall hold any incompatible
office. The general laws of Ohio pertaining to conflicts of interest of municipal
officials shall be applicable to all officers of the City elected and appointed under this
This Charter may be amended at any time in the manner provided by the
Constitution and laws of the State of Ohio.
A Charter review
commission consisting of eleven members, two from each ward and three from the City at
large, may be appointed at any time, and during the month of January 1981, and every tenth
year thereafter shall be appointed by ordinance of the Council. Amendments to this Charter
proposed by a Charter review commission shall be submitted to the electors in the manner
prescribed in the Constitution and laws of the State of Ohio.
If any provisions of this Charter is held invalid, the other provisions
of the Charter shall not be effected thereby. If the application of the Charter or any of
its provisions to any person or circumstances is held invalid, the application of the
Charter and its provisions to other persons or circumstances shall not be affected
The Article and Section headings herein have been inserted for
convenience in reference and are not intended to define or limit the scope of, or
otherwise affect, any provisions of this Charter.
Except as otherwise expressly provided in this Charter, or as the
contest otherwise requires, the masculine term or pronoun includes the feminine, the
singular term includes the plural, and the plural term includes the singular. The time
within or by which any act or thing is required to be done by any of the provisions of
this Charter shall be computed by excluding the first day and including the last day,
except that when the last day falls on Saturday, Sunday, or a legal holiday, then the act
may be done on the next succeeding day which is not a Saturday, Sunday, or legal holiday.
Section 9.01 - Officers and Employees
This Charter shall take effect January 1, 1976. Each employee and
official of the City at that time shall remain in his position, but shall thereafter be
subject to the provisions of this Charter, with the following stipulations:
A. The office of President of Council shall become a four-year term,
concurrent with that of the Mayor, in the term beginning January 1, 1980. Therefore, the
term of this office shall be for two years (1976-77, 1978-79) until that time.
B. All Council seats shall be four-year terms in accordance with Section
2.02 of this Charter.
C. The offices of Auditor and Treasurer shall cease to exist as of the
end of the day on December 31, 1976, at which time the Director of Finance, who shall have
been appointed to replace these officers by the Mayor in accordance with Section 4.06 of
this Charter, assumed his duties.
D. Until January 1, 1977, at which time Boards of Control provided for
in Section 6.03 of this Charter assumed their duties, the existing Board of Control
provided for by general law shall continue to carry out its duties as provided by general
E. The office of City Solicitor ceased to exist as of the end of the day
on December 31, 1976, at which time the Director of Law, who has been appointed by the
Mayor in accordance with Section 4.05 of this Charter, shall assume his duties.
F. The Public Utilities Board shall be expanded to a five-member Board
by appointment in January 1976 of one person for a five year term, one person for a
three-year term, and one person for a one-year term.
The four Council wards in existence at the time this Charter became
effective shall continue in existence under this Charter, provided the ward boundaries may
be changed in the manner provided for by the general laws of the State of Ohio.
Section 9.03 - Transition of Departments, Offices
If a Department, Office or Agency is abolished by this Charter, the
powers and duties given to it by law shall be transferred to the Department, Office or
Agency designated in this Charter, or if the Charter makes no provisions, as designated by
All rights, claims, actions, orders, contracts, and legal or
administrative proceedings shall continue, except as modified by the provisions of this
Charter, and each case shall be maintained, carried on, or dealt with by the Department,
Office or Agency appropriate under this Charter.
All existing ordinances, resolutions and other acts of the City which
are not inconsistent with this Charter shall remain in effect until amended or repealed by
Marion E. Tschiegg, Chairman
Charles L. Brest, Vice Chairman
Judith H. Kropf, Secretary
Ronald D. Amstutz
Vernon L. Curie
Forest D. Davault
Lewis T. Hill
Charles D. Meenan
Gretta M. Peters
Donald L. Turner
Arthur E. Vernon
Paul D. Waltman
Robert E. Webner
Rodney L. Webner
Charter Review Commission - 1981
Diana L. McElwe
Serena A. Norris
Charles L. Winters
P. Dean Waltman
Judith H. Kropf
Marion E. Tschiegg
Kathleen Yonto (replaced by Al Beck)
Lewis T. Hill
Forest D. Davault
Russell J. Horst
Charles L. Brest
Charter Review Commission - 1991
Donald L. Miller
P. Dean Waltman
Michael F. Hammer
Alfred J. Beck
Helen I. Wright
Donald D. Steiner
John W. Komer Jr.
Charter Review Commission - 2001
Charter Review Commission 2011