EDITOR’S NOTE: The Germantown Charter was initially approved by voters at a special election of June 8, 1976. Dates appearing in parentheses following section headings indicate those sections were subsequently amended, added or repealed on the date given. The entire Charter was revised by the voters on November 3, 1992.
ARTICLE I NAME BOUNDARIES, AND FORM OF GOVERNMENT.
Sec. 1.01 Name
The Municipality now existing in the County of Montgomery, State of Ohio, and know as Germantown, shall continue to be a body politic and corporate under the name of the Municipality of Germantown.
Sec. 1.02 Boundaries.
The Municipality of Germantown shall have the same boundaries as now exist, but with power and authority to change its boundaries in the manner authorized by the laws of the State of Ohio.
Sec. 1.03 Form of Government.
The form of government provided in this Charter shall be known as the Mayor-Council-Manager. The powers and functions of the Municipal government shall be distributed among the Municipality, its citizens, and the various offices, bodies, boards, and commissions as provided in the Charter.
Sec. 1.04 Powers of the Municipality.
Except as restricted by this Charter, the Municipality shall have all powers either expressed or implied for a Municipality under the Constitution and laws of the State of Ohio, as fully and completely as though they were specifically enumerated in this Charter.
Sec. 1.05 Construction.
The powers of the Municipality under this Charter shall be construed liberally in favor of the Municipality, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general powers stated in this article.
Sec. 1.06 Intergovernmental Relations.
The Municipality may exercise any of its powers or perform any of its functions and may participate in the financing thereof, made public jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, of the United States or any agency thereof.
ARTICLE II MUNICIPAL COUNCIL
Sec. 2.01 Mayor.
- Term of Office. The Mayor shall be elected at the regular Municipal election commencing in the year 1977 and every fourth (4th) year thereafter, for a term of four (4) years, commencing the first day of January after such election.
- Judicial Powers. Until such time as the Mayorâ€™s Court is abolished by law and/or its jurisdiction transferred to another court, the Mayor shall have all the judicial powers granted generally by the laws of Ohio to the Mayors of Ohio Municipalities. The Mayor shall exercise all or any such powers in accordance with the procedure established by law governing Mayorâ€™s Court.
- Legislative Powers. The Mayor shall preside at all meetings of Council and may introduce ordinances and resolutions, take part in the discussion on all matters coming before the Council. The Mayor shall appoint committees of Council as required subject to the approval of the majority members of Council and shall coordinate the work of such committees. The Mayor shall have a vote in Council and shall be a member of Council.
- Executive Power. Except as otherwise provided under this Charter, the Mayor shall have all the powers vested in Mayors by the general laws of the State of Ohio, and shall perform all the duties prescribed by the ordinances of the Municipality. The Mayor shall be recognized as the ceremonial head of the Municipality and by the Governor for military purposes.
- Temporary Absence of Mayor. During any period when the Mayor shall be absent or inaccessible or unable for any cause to perform the Mayorâ€™s duties, the President of Council shall be the Acting Mayor and shall also continue as a Council member with all the powers and duties of a Council member. In case the office of Mayor shall become vacant, the President of Council shall thereupon become Mayor and the President of Councilâ€™s office as Council member shall become vacant, and the President of Council shall serve as Mayor for the unexpired term.
- Qualifications. The Mayor shall have been a resident and qualified elector of the Municipality prior to election and shall continue to be a resident and qualified elector of the Municipality throughout the term of office. The Mayor shall not hold any other compensated office or position of employment with the Municipality nor any other compensated elected public office.
The Mayor shall forfeit the office of Mayor if called to full-time military service for a period exceeding sixty-one (61) consecutive days.
A Mayor who shall cease to possess, or who violates any of the qualification herein enumerated may be removed from office in the manner provided by the general laws of the State of Ohio for the removal of Municipal officers.
Sec. 2.02 Council.
- Composition. There shall be a Municipal Council of seven (7) members elected by the qualified voters of the Municipality at large. Six (6) shall be Council members elected as provided by Section 2.02(c) and one (1) shall be a separately elected Mayor as provided by Section 2.01(a).
- Eligibility. The Council member shall have been a resident and qualified elector of the Municipality prior to election and shall continue to be a resident and qualified elector of the Municipality throughout the term of office. The Council member shall not hold any other compensated office or position of employment with the Municipality nor any other compensated elected public office.
- Election and Terms of Office. The term of office of members of Council is set at four (4) years, three (3) to be elected at one time and three (3) at another time, two (2) years apart. Commencing at the November, 1977, election, six (6) Council members are to be elected to take office at the first regularly scheduled Council meeting of 1978, with the candidates receiving the first, second, and third greatest number of votes serving four (4) year terms, and the three (3) candidates receiving the fourth, fifth, and sixth largest number of votes serving two (2) year terms.
- Compensation; Expenses. It shall be the responsibility of the Council to determine the annual salary of elected officials by ordinance. No member of Council shall benefit from any increase in salary during such memberâ€™s current term of office. Any ordinance changing the salary of members of the Council shall be adopted no later that 6 months prior to any election of Council members. Elected officials shall receive their actual and necessary expenses incurred in the performance of their duties of office.
- Organization of Council. In January of each year the Council shall meet and organize. At such organization meeting, or as soon as practicable thereafter, the Council shall elect by a majority vote one (1) Council member as the President of Council and one (1) member of Council as a member of the Planning Commission, to serve for the balance of that year and until a successor shall have been elected unless the individual shall cease in the meantime to be a member of Council. The President of Council shall have all the powers, duties, functions, obligations and rights of any member of Council and shall perform such other duties as may be imposed by Council.
- General Powers and Duties. All powers of the Municipality shall be vested in the Council, except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the Municipality by law.
- Holding other office. Except where authorized by law, no Council member shall hold any other Municipal office or employment during the term for which the member was elected to the Council, and no former Council member shall hold any compensated appointive Municipal office or employment until one (1) year after the expiration of the term for which the former member was elected to the Council.
- Appointments and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any Municipal administrative officers or employees whom the Manager or any of the Managerâ€™s subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees.
- Interference with administration. Except for the purpose of inquiries and investigations under subsection 2.02(k), the Council or its members shall deal with Municipal officers and employees who are subject to the director and supervision of the Manager solely through the Manager and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. No member of Council shall give orders or interfere in the direction of officers or employees subordinate to the Manager.
- Vacancies; Forfeiture of Office; Filling of Vacancies.
- Vacancies. The office of a Council member shall become vacant upon the memberâ€™s death, resignation, removal from office in any manner authorized by law or forfeiture of office.
- Forfeiture of office. A Council member shall forfeit office if the member (a) lacks at any time during the memberâ€™s term of office any qualifications for the office prescribed by this Charter or by law, (b) violates any express prohibition of this Charter, (c) is convicted of a crime involving moral turpitude, or (d) fails to attend two (2) consecutive regular meetings without being excused by a majority vote of Council based upon the attendance rules established by Council. Failure to comply with the rules may be considered evidence of misfeasance, malfeasance, or nonfeasance.
- Filling of vacancies. A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than sixty (60) days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the vacancy still exists after thirty (30) days, the Mayor shall be empowered to appoint persons to fill the vacancies. Notwithstanding the requirement in subsection 2.02 (m)(3) that a quorum of the Council consists of four (4) members, if at any time the membership of the Council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four (4).
- Judge of Qualifications. The Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for the forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one (1) or more newspapers of general circulation in the Municipality at least one (1) week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the courts.
- Clerk of Council A Clerk of Council shall be appointed by the Council, and shall serve at the pleasure of the Council. The Clerk of Council shall give notice of Council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the Clerk by this Charter or by the Council.
- Investigations. The Council may make investigations into the affairs of the Municipality and the conduct of any Municipal department, board or commission, office or agency and for this purpose may be 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 these powers by the Council shall be guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars ($500.00), and if such person is an employee of the Municipality, such refusal shall be grounds for dismissal.
- Independent Audit. The Council may provide for an independent audit of any or all Municipal accounts. Such audits shall be made by a CPA or a firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the Municipal government or any of its officers, or by the Auditorâ€™s office of the State of Ohio.
- Meetings. The Council shall meet regularly at least once every month at such times and places as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of three (3) or more members and, whenever practicable, upon no less than twenty-four (24) hoursâ€™ notice to each member. All meetings shall be in compliance with the Ohio Revised Code.
- Rules and journal. The Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record.
- Voting. Voting shall be by roll call and the ayes and nays shall be recorded in the journal. Four (4) members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the preceding sentence and in subsection 2.02(h)(3), shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council.
- Ordinances, resolutions, and motions. Action undertaken by Council shall be by ordinance, resolution or motion. Ordinance shall be the enactments of the Council establishing permanent rules of conduct or of government. Resolutions shall be orders of the Council dealing with a specific matter of a temporary nature which expresses the policy of the Council regarding such matter and which do not establish permanent or general legislation. Motions shall be used to expedite and control the deliberations of the legislative authority in the transaction of business.
Sec. 2.03 Action Requiring an Ordinance.
In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the Municipal Council shall be by ordinance which:
- Adopt or amend an administrative code or establish, alter or abolish any Municipal department, office or agency;
- Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;
- Levy taxes, except as otherwise provided in Article IX with respect to the property tax levied by adoption of the budget;
- Grant, renew or extend a franchise;
- Regulate the rate charged for its services by a public utility;
- Authorize the borrowing of money;
- Convey or lease or authorize the conveyance or lease of any lands of the Municipality;
- Adopt with or without amendment ordinances proposed under the initiative power;
- Amend or repeal any ordinance previously adopted, except as otherwise provided in Article XII with respect to repeal of ordinances reconsidered under the referendum power;
- Adopt the Municipal budget and appropriation of funds.
Acts other than those referred to in this section may be done either by motion, ordinance or resolution as provided in Section 2.02(m)(4). Motions and resolutions shall be passed pursuant to the laws of the State of Ohio. Resolutions shall be published pursuant to Section 2.04(d) of this Charter.
Sec. 2.04 Ordinances and Resolutions in General.
- Form. Every proposed ordinance and resolution shall be introduced in writing and in the form required for final adoption. No ordinance or resolution shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be “The Municipality of Germantown hereby ordains or resolves…”. Any ordinance or resolution which repeals or amends an existing ordinance or resolution or part of the Municipal Code shall set out in full the ordinance or resolution, sections or subsections to be repealed or amended, and shall indicate the matter to be repealed or amended, and shall indicate the matter to be omitted by enclosing it in brackets or by strikeout type and shall indicated new matter by underscoring or by italics.
- Procedure. An ordinance or resolution may be introduced by the Mayor or any member at any regular or special meeting of the Council. Upon introduction of any ordinance or resolution, the Clerk of Council shall distribute a copy to each Council member and to the Mayor, shall file a reasonable number of copies in the office of the Clerk of Council and such other public places as the Council may designate, and shall publish the ordinance or resolution together with a notice setting out the time and place for a public hearing thereon and for its consideration by the Council. The public hearing shall follow the publication by at lease seven (7) days, may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time; all persons interested shall have an opportunity to be heard. After the hearing the Council may adopt the ordinance or resolution, with or without amendment or reject it by a majority vote of the Council. After adoption, the ordinance or resolution shall be published by Council.The following procedure shall apply to the passage of ordinances and resolutions:
- Each ordinance or resolution shall be read by title only provided the Council may require any reading to be in full by a majority vote of its members.
- Each ordinance or resolution shall be read on two (2) different days, provided the Council may dispense with this rule by a vote of at least five of its members.
- Effective Date. Except as otherwise provided in this Charter every adopted ordinance or resolution shall become effective at the expiration of thirty (30) days after adoption or at any later date specified herein.
- “Publish” Defined. As used in this section, the term “publish” means to print the ordinance or resolution at least once by title only in one (1) or more newspapers of general circulation in the Municipality. The Clerk of Council shall post a copy of the ordinance or resolution in one or more public places in the Municipality as determined by Council by ordinance, for a period of ten days after such ordinance or resolution has been introduced.
Sec. 2.05 Emergency Ordinances and Resolutions.
To meet a public emergency affecting life, health, property, welfare or the public peace, the Council may adopt one (1) or more emergency ordinances or resolutions, but such ordinances or resolutions may not levy taxes, grant, renew or extend a franchise, zone land, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in subsection 10.01(b). An emergency ordinance or resolution shall be introduced in the form and manner prescribed for ordinances or resolutions, shall require two readings and shall contain, after the enacting clause, a statement of the necessity for such emergency. An emergency ordinance or resolution may be adopted with or without amendment or rejected at the meeting at which it is introduced, but five (5) affirmative votes shall be required for adoption. After its adoption the ordinance or resolution shall be published and printed as prescribed for other adopted ordinances and resolutions. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance or resolution may be repealed by adoption of a repealing ordinance or resolution in the same manner specified in this section for adoption of emergency ordinances or resolutions.
Sec. 2.06 Codes of Technical Regulations.
The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that:
- The requirements of subsection 2.04(b) for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and
- A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the Clerk of Council pursuant to subsection 2.07(a).
Copies of any adopted code of technical regulations shall be made available by the Clerk of Council for distribution or for purchase at a reasonable price.
Sec. 2.07 Authentication and Recording; Codification; Printing.
- Authentication and Recording. The Clerk of Council shall authenticate by signature and record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the Council.
- Codification. Within three (3) years after adoption of this Charter and at least every five (5) years thereafter, the Council shall provide for the preparation of a general codification of all Municipal ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be printed promptly in bound or loose-leaf form together with the Charter and any amendment thereto, pertinent provisions of the Constitution and other laws of the State of Ohio, and such codes of technical regulations and other rules and regulations the Council may specify. This compilation shall be known and cited officially as the Germantown Municipal Code. Copies of the Code shall be furnished to Municipal officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the Council.
- Printing of Ordinances and Resolutions. The Council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed promptly following its adoptions, and the printed ordinances, resolutions and Charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by Council. Following the printing of the first Germantown Municipal Code and at all times thereafter, the ordinances, resolutions and Charter amendments shall be suitable in form for integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the Constitution and other laws of the State of Ohio, or the codes of technical regulations and other rules and regulations included in the Code.
Sec. 2.08 Referral of Ordinance or Resolution to the Electors by Council.
By a vote of five members of Council, any pending ordinance or resolution may be referred to the electors of the Municipality at a general, primary or special election. The action of referral provided for in this section shall be taken by not less than sixty (60) days prior to the date of the primary or general election at which such referred ordinance or resolution is to be submitted.
In the event that such ordinance or resolution is to be referred for approval or rejection at a special election, the Council shall, by motion, fix a date for such special election at a date not less than sixty (60) days after the date of the passage of the motion to refer, and the Clerk of Council shall cause notice of the special election to be published on the same day of each week for two (2) consecutive weeks in a newspaper determined by Council to be of circulation in the Municipality.
The Clerk of Council shall certify to the appropriate Board of Elections that an election is to be held referring such ordinance or resolution to a vote of the electors at the date fixed by Council as hereinbefore provided. The Clerk of Council shall also certify a copy of the ordinance or resolution to be voted upon to the appropriate Board of Elections.
At such primary, general or special election this question shall be placed upon the ballot: “Shall an (ordinance or resolution) providing: (the wording contained in the title of the proposed ordinance or resolution shall be inserted here) be adopted?”; with the provision on the ballot for voting affirmatively or negatively. In the event a majority of those voting on the issue shall be in the affirmative, the ordinance or resolution shall go into immediate effect, without the need for further publication.
ARTICLE III LAW DIRECTOR.
Sec. 3.01 Appointment; Qualifications; Compensation.
- The Law Director shall be appointed by a majority vote of Council. The Council may remove the Law Director from office, without cause, by a majority vote of its members. Council may suspend the Law Director from office by majority vote of its members. The salary of the Law Director shall be fixed by ordinance passed by Council and may be increased or decreased by Council at any time.
- The Law Director must have been duly admitted to the practice of law in the State of Ohio.
- The Law Director shall serve the Mayor, the Council, the administrative departments, divisions and officers, boards and commissions of the Municipality as legal counsel, and, subject to the direction of Council of the Municipality, shall represent the Municipality in all proceedings in court or before any administrative board or body. The Law Director shall perform all other duties now or hereafter imposed upon Municipal solicitors by the laws of the State of Ohio unless otherwise provided by ordinance of the Council and shall perform such other duties as Council may impose consistent with the office.
- The Council may from time to time provide for such assistants and special counsel to the Law Director as it shall deem necessary.
ARTICLE IV MANAGER.
Sec. 4.01 Appointment; Qualifications; Compensation.
The Council shall appoint a Municipal Manager for an indefinite term and fix compensation. The Manager shall be appointed solely on the basis of executive and administrative qualifications. The Manager need not be a resident of the Municipality or State at the time of appointment and may reside outside the Municipality while in office only with the approval of the Council.
Sec. 4.02 Removal.
- The Council may remove the Manager from office in accordance with the following procedures:
- The Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which shall state the reasons for removal and may suspend the Manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the Manager.
- Within five (5) days after a copy of the resolution is delivered to the Manager, the Manager may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The Manager may file with the Council a written reply not later than five (5) days before the hearing.
- The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of at least five (5) of all its members at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the Manager, if a public hearing has not been requested, or at any time after the public hearing if one has been requested. The Manager shall continue to receive salary until the effective date of a final resolution of removal. The action of the Council in suspending or removing the Manager shall not be subject to review by any court or agency.
Sec. 4.03 Acting Manager.
The Council by majority vote, may appoint an Acting Manager to exercise the powers and duties of the Manager during his temporary absence or disability or suspension or when a vacancy occurs. After thirty (30) daysâ€™ absence or disability of the Manager, the Council may declare the position vacant.
Sec. 4.04 Unavailability of the Municipal Manager.
Council shall establish by ordinance an employee to act on behalf of the Manager in handling routine daily operations of the Municipality in the event the Manager is not available.
Sec. 4.05 Powers and Duties.
The Manager shall be responsible to Council for the administration of all Municipal affairs placed in his charge by this Charter.
- The Manager shall appoint, suspend, or remove all Municipal employees provided for under this Charter, except as otherwise provided by law, or personnel rules adopted pursuant to this Charter. The Manager may authorize any administrative officer who is subject to the Managerâ€™s direction and supervision to exercise these powers with respect to direction and supervision to exercise these powers with respect to subordinates in that officerâ€™s department, office or agency. For disciplinary reasons the Manager may suspend employees for a period not to exceed five (5) days without pay and without the right of appeal.
- The Manager shall appoint or suspend all department heads. Appointments are subject to approval by the Council.
- The Manager shall direct and supervise the administration of all departments, offices and agencies of the Municipality, except as otherwise provided by this Charter.
- The Manager shall attend all Council meetings and have the right to take part in all discussions but may not vote.
- The Manager shall see that all laws, provisions of this Charter, ordinance of the Municipality and laws of the State of Ohio, and acts of Council, subject to enforcement by the Manager or by officers subject to the Managerâ€™s direction and supervision, are faithfully executed.
- The Manager shall formulate, arrange and enforce contracts, franchises and agreements subject to the direction or limitations of Council, sign all contracts, bonds and notes on behalf of the Municipality.
- The Manager shall formulate job descriptions as deemed necessary for the Municipal employees.
- The Manager shall perform such other duties as are specified in this Charter or may be required by the Council by ordinances.
- The Manager shall make such other reports as the Council may require concerning the operation of the municipal departments, offices and agencies subject to the Managerâ€™s direction and supervision.
- The Manager shall prepare and submit the annual budget to Council for approval.
ARTICLE V ADMINISTRATIVE DEPARTMENTS
Sec. 5.01 Creation of Departments.
For the purpose of carrying on the administrative functions of the Municipality, the following departments are hereby established:
- Department of Public Service
- Department of Fire
- Department of Police
- Department of Finance
The work of the departments of the Municipality shall be distributed among such divisions and bureaus as provided in this Charter and as provided by ordinance. The Council may establish new departments, divisions and bureaus which are created by ordinance. Subject to the provisions of this Charter, the Council shall provide by ordinance for the organization of the departments and divisions of the Municipality, as define the powers and functions of each organizational unit. Where the administrative code is silent, the officers and employees of the Municipality shall have and may exercise all powers and duties provided for similar officers and employees by the State law.
Sec. 5.02 Police and Fire Protection.
The Council shall provide for police and fire protection adequate to the needs of the Municipality to be administered according to the general laws of the State of Ohio or, if not in conflict with such general laws of the State of Ohio, by ordinance. The Council may provide for auxiliary police.
Sec. 5.03 Department Heads.
- Each Municipal department shall be headed by a full or part-time department head.
- The Manager may suspend department heads for a period not to exceed forty-five (45) days by informing the department head and Council in writing of his reasons for said suspension. For disciplinary reasons the Manager may suspend a department head for a period not to exceed five (5) days without pay and without the right of appeal.
- The department head may file a written request for a public hearing upon suspension with Council within seven (7) daysâ€™ notice of suspension.
- If the department head does not file a written request for a public hearing with the Council, the department headâ€™s employment will be terminated after fourteen (14) days from the date the Managerâ€™s suspension letter was received by Council.
- If the department head does request a public hearing from the Council, this hearing shall be held at a Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. If four (4) members of the Council do not vote to overrule the suspension, the department headâ€™s employment will be terminated at that time. If four (4) members do vote to override the suspension, the department head will be reinstated with back pay.
- All department heads shall be administrative officers of the Municipality.
- The Chief of Police shall be the department head for the Department of Police. The Fire Chief shall be the department head of the Department of Fire. The Director of Public Service shall be the department head of the Department of Public Service. The Finance Director shall be the department head of the Department of Finance.
Sec. 5.04 Duties of Finance Director.
The Finance Director shall be appointed by the Municipal Manager with the approval of Council. The Finance Director is the fiscal officer of the Municipality. Specifically the Finance Directorâ€™s duties are:
- To demand and receive from the County Treasurer taxes, levies, and assessments made and certified to the County Auditor by the Council and placed on the tax list by such Auditor for collection. The Director shall also demand and receive moneys from persons authorized to collect or required to pay them from judgments, fines, penalties, forfeitures, licenses, court costs, and debts due the Municipality.
- To keep an accurate account of all moneys received showing the amount thereof, the date received, from whom, and for what account received.
- To disburse the funds of the Municipality on the order of the Council.
- To keep an accurate account of all disbursements showing the amount thereof, the date made, to whom, and from what account paid.
- To so arrange the books that the amount received and paid on accounts of separate funds or specified apportionment shall be exhibited in separate account.
- At the second regular scheduled meeting of the Council after the beginning of the calendar year, the Finance Director shall report to the Council the condition of the finances of the Municipality, the amount received, the sources of such receipts, the disbursements made and of what account, during the year preceding. Such report shall exhibit the balance of each fund at the end of the year.
- The records of said office shall be kept at the Municipal Building at all times.
- To perform such other duties as are required by Council and this Charter consistent with the Finance Directorâ€™s office.
- To perform all other duties now or hereafter imposed on the Village Auditors and Treasurer under the laws of the State of Ohio.
ARTICLE VI MUNICIPAL EMPLOYEES
Sec. 6.01 Merit System.
All compensated positions in the service of the Municipality shall be in the classified service and shall be appointed pursuant to competitive examination, so far as practicable, except the following, which shall comprise the unclassified service of the Municipality.
- All officers elected by the people.
- The Clerk of Council.
- The Manager.
- The department heads.
- Members of boards, commissions, agencies and authorities appointed by the Mayor and by this Charter.
- Employees of exceptional professional or scientific qualification engaged as consultants.
- The Law Director.
- Volunteer personnel in the Department of Fire and Auxiliary Police within the Division of Police.
- Secretary of each board and commission established by the Charter or Council 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 other such employment.
- Temporary employees who are not employed for more than ninety (90) continuous days or for more than ninety (90) work days in one (1) year.
- Unskilled laborers as defined and authorized by Council.
Additional positions created by Council shall be under the classified service unless the ordinance or resolution creating the position states otherwise.
Sec. 6.02 Probation Period.
An original appointment of a new employee shall not be deemed permanent until a probationary period of six (6) months as elapsed. Such probationary employee in the classified service may be discharged without cause by the Manager at any time within the said period of six (6) months upon the recommendation of the head of the department in which said probationer is employed.
ARTICLE VII BOARDS AND COMMISSIONS
Sec. 7.01 Council Power to Create Boards and Commissions.
In addition to the boards, commissions, agencies and authorities created by this Charter or amendments thereto, the Council may establish such boards, commissions, agencies and authorities as it may deem necessary and determine their powers and duties except that no power or duty shall be taken from any board, commission, agency or authority created by this Charter or amendments thereto. The Mayor has the power to appoint non-voting ex-officio members to the boards and commissions for a term of one year.
Sec. 7.02 Removal of Members.
The Council shall have the right to remove, for misfeasance, malfeasance, or nonfeasance any appointed member of any board, commission, agency, or authority created by or pursuant to this Charter.
Sec. 7.03 Meetings.
All meetings of any board, commission, agency or authority of the Municipality as created by this Charter or by ordinance of Council shall be conducted in compliance with the Ohio Revised Code.
Sec. 7.04 Organization.
At the first meeting in each year, each board, commission, agency or authority of the Municipality as created by this Charter, or by ordinance of Council, shall elect officers from among its membership.
Sec. 7.05 Quorum.
A majority of the members of a board, commission, agency or authority shall constitute a quorum, and a majority vote of the members appointed thereto shall be required to take any action.
Sec. 7.06 Personnel Board.
There shall be a Personnel Board consisting of five (5) members, who shall be appointed by the Mayor, subject to confirmation by Council. The terms of the members shall be for a period of two (2) years. The Mayor shall fill all vacancies by appointment for the unexpired term, subject to confirmation by Council. Members shall be electors of the Municipality, holding no compensated position therein.
Sec. 7.07 Powers and Duties of Personnel Board.
The Personnel Board shall have the power to adopt rules and regulations and establish jurisdiction concerning the selection, promotion, demotion, discipline, and removal of employees within the classified service of the Municipality, which rules, regulations and jurisdiction may modify, supplement, or supersede the laws of the State of Ohio, and in the case of conflict shall prevail over the laws of the State of Ohio.
Sec. 7.08 Planning Commission.
The Planning Commission shall consist of five (5) voting members; one (1) member of Council who shall be selected by Council under subsection 2.02(e) of this Charter, and four (4) electors of the Municipality, not holding other Municipal office, to be appointed by the Mayor, subject to confirmation by Council. The terms of the citizen members shall be four (4) years. Initially, one (1) new appointment shall be made for a term of one (1) year, a second for a term of two (2) years, a third for a term of three (3) years and a fourth for a term of four (4) years; terms of those appointments began on January 1, 1978. A vacancy occurring during the term of any member of the Planning Commission shall be filled for the unexpired term in a manner authorized for the original appointment.
Sec. 7.09 Powers and Duties of Planning Commission.
The Planning Commission shall conduct studies and surveys and prepare plans, reports, and maps relative to the overall planning of the growth, development and redevelopment of the Municipality, and may make such recommendations relative thereto, to the Council as it feels are in the best interests of the Municipality. The Planning Commission shall continuously review and report to the Council its recommendations concerning the ordinances and regulations.
The Planning Commission shall cooperate with other governmental or private planning agencies to secure the maximum benefit to the Municipality of the work, studies, surveys and reports of such other planning agencies. Other powers and duties of the Planning commission shall include those established by the Council by ordinance or resolution, and it shall possess such other powers and duties as are provided by the general laws of the State of Ohio to the extent such general laws do not conflict with the provisions of this Charter or the ordinances or resolutions established by the Council.
Sec. 7.10 Board of Zoning Appeals.
There shall be a Board of Zoning Appeals consisting of five (5) members. Four (4) shall be electors of the Municipality and hold no salary position therein, appointed by the Mayor and confirmed by Council, for overlapping terms of four (4) years, so arranged that one (1) memberâ€™s term shall expire on the first regularly scheduled meeting each year. The terms of the original appointees shall be for one (1), two (2), three (3), and four (4) years, respectively, beginning at the first regularly scheduled meeting. The fifth member shall be a member of the Planning Commission, other than the Council member and shall be appointed by and serve at the discretion of the Mayor for a one (1) year term. The Board shall have all the power, authority and duties conferred upon it by ordinance.
Sec. 7.11 Powers and Duties of Board of Zoning Appeals.
The Board of Zoning Appeals shall have the power to conduct administrative reviews upon the appeal of any order, requirement, decision or determination made by the administrative officer who determines compliance and enforces the municipal zoning code, to determine the existence of similar uses under the municipal zoning ordinance, to determine the exact locations of zoning district boundaries, to hear and determine applications for conditional uses pursuant to the terms of the municipal zoning ordinance, to hear and determine application for variances from the provisions of the municipal zoning ordinance and to exercise such other powers and duties as provided in the municipal zoning ordinance and municipal administrative code.
Sec. 7.12 Park and Recreation Board.
There shall be a Park and Recreation Board consisting of five (5) members, the majority of whom shall be electors of the Municipality with the remaining to be electors of the unincorporated area of German Township, and hold no compensated position therein, appointed by the Mayor, subject to confirmation by Council. Terms of office shall be for five (5) years and overlapping, so arranged that one (1) memberâ€™s term shall expire at the first regularly scheduled meeting each year. The terms of the original appointees shall be for one (1), two (2), three (3), four (4), and five (5) years, respectively, beginning January 1, 1978. The Mayor shall fill any vacancies by appointment for the unexpired term. The Board shall have all the power, authority and duties conferred upon it by ordinance.
Sec. 7.13 Powers and Duties of Park and Recreation Board.
The Park and Recreation Board shall have the following duties and responsibilities to the extent that such duties and responsibilities do not conflict with the provisions of this Charter or the ordinances or resolutions established by the Council:
- Act in an advisory capacity and make such recommendations and reports to the Municipal Manager, Council, Planning Commission, and boards and commissions regarding the acquisitions, development, maintenance and operation of parks, playgrounds, recreational facilities and programs of the Municipality.
- Coordinate with organized groups concerned with recreational programs.
- Stimulate citizen interest in the care and preservation of parks, historical and scenic sites.
- Act as trustee for any property, asset or funds donated to the Municipality for park or recreational purposes; provided the donor designates or provided for the Board to act as such trustee; in such event, the Board shall have all powers necessary to carry out the purposes of the trust.
- Provide for the scheduling of all events to be held at any park and/or recreational facility.
- Develop, implement and monitor recreational programs.
- Hold a meeting at least once a month and adopt rules and regulations to conduct its business and keep complete and accurate records of its proceedings.
- Adopt rules and regulations for the operation, protection, maintenance and care of the real and personal property under its charge; provided further, that when such rules and regulations are approved by Council, they shall have the same affect and may be enforced as other ordinances of the Municipality.
ARTICLE VIII FINANCIAL PROCEDURES.
Sec. 8.01 General.
The laws of the State of Ohio relating generally to budgets, appropriations, debts, bonds, assessments, deposit and investment of funds and other fiscal matters of the Municipalities shall be applicable except as otherwise provided under this Charter or under ordinances passes by the Council.
Sec. 8.02 Fiscal Year.
The fiscal year of the Municipality shall begin on the first day of January and end on the last day of December each year unless changed by ordinance.
Sec. 8.03 Submission of Budget and Budget Message.
On or before the first day of November of each year, the Manager shall submit to the Council a budget for the ensuing fiscal year and an accompanying message.
Sec. 8.04 Budget Message.
The Managerâ€™s message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the Municipality for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the Municipalityâ€™s debt position and include such other material as the Manager deems desirable.
Sec. 8.05 Budget.
The budget shall provide a complete financial plan of all Municipal funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the Manager deems desirable or the Council may require. In organizing the budget the Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity, and object. It shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. The total of proposed expenditures shall not exceed the total of estimated resources. It shall indicate in separate sections:
- Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures;
- Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practicable, and the proposed method of financing each such capital expenditure; and
- Anticipated net surplus for the ensuing fiscal year of each utility owned or operated by the Municipality and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget.
Sec. 8.06 Council Action on Budget.
- Notice and Hearing. The Council shall publish in one (1) or more newspapers of general circulation in the Municipality the general summary of the budget and a notice stating:
- The times and places where copies of the message and budget are available for inspection by the public and,
- The time and place, not less than two (2) weeks after such publication, for a public hearing on the budget.
- Amendment Before Adoption. After the public hearing, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income.
- Adoption. The Council shall adopt the budget on or before the fifteenth (15th) day of the twelfth (12th) month of the fiscal year currently ending. If it fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year.
Sec. 8.07 Capital Program.
- Submission to Council. The Manager shall prepare and submit to the Council a three (3) year program at least three (3) months prior to the final date for submission of the budget.
- Contents. The capital program shall include:
- A clear general summary of its contents.
- A list of all capital improvements which are proposed to be undertaken during the three (3) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements.
- Cost estimates, method of financing and recommended time schedules for each such improvement; and
- The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.
Sec. 8.08 Council Action on Capital Program.
- Notice and Hearing. The Council shall publish in one (1) or more newspapers of general circulation in the Municipality the general summary of the capital program and a notice stating:
- The times and places where copies of the capital program are available for inspection by the public, and
- The time and place, not less than two (2) weeks after such publication, for a public hearing on the capital program.
- Adoption. The Council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before the fifteenth (15th) day of the ninth (9th) month of the current fiscal year.
Sec. 8.09 Public Records.
Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public at the suitable places in the Municipality.
Sec. 8.10 Council Action on Appropriations.
- Adoption of Appropriations. Council shall adopt an annual appropriation ordinance by the first meeting in January.
- Supplemental Appropriations. If during the fiscal year the Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year up to the amount of such excess.
- Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of Section 2.05. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made.
- Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Finance Director that the revenues available will be insufficient to meet the amount appropriated, the Finance Director shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the Finance Director and the Finance Directorâ€™s recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations.
- Transfer of Appropriations. At any time during the fiscal year the Finance Director may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the Finance Director, the Council may by ordinance transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. Transfers will not be permitted from the following funds: Water, Sewer, Street Light, and Refuse Removal.
- Limitations; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to the appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption.
Sec. 8.11 Lapse of Appropriations.
Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue to force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation.
Sec. 8.12 Administration of Budget.
- Work Programs and Allotments. At such time as the Manager shall specify, each department, office or agency shall submit work programs for the ensuing fiscal year showing the requested allotments of its appropriation by periods within the year. The Manager shall review and authorize such allotments with or without revision as early as possible in the fiscal year, if the Manager deems it desirable and shall revise them to accord with any supplemental, emergency, reduced or transferred appropriations made pursuant to Section 8.10.
- Payments and Obligations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the Finance Director first certifies that there is sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal; such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation, and the officer shall also be liable to the Municipality for any amount so paid. However, except where prohibited by law, nothing in this Charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is made or approved by ordinance.
ARTICLE IX NOMINATIONS AND ELECTIONS.
Sec. 9.01 Nominations
There shall be no primary election for municipal offices. Nominations for the office of Mayor or Council member shall be made by petition only, on the standard forms provided by the Montgomery County Board of Elections for the nomination of nonpartisan candidates for such offices. Petitions must be filed with election authorities at least ninety (90) days before the day of election.
Candidates for Mayor shall file petitions containing no less than 50 signatures of qualified electors of the Municipality. Candidates for Council shall file petitions containing no less than 25 signatures of qualified electors of the Municipality. The procedure established by the Ohio Election Laws for filing and voting shall be followed, except as modified by this Charter. An elector may sign only as many petitions for Mayor or council member as there are places to be filled at the regular Municipal elections.
Sec. 9.02 Regular Municipal Elections.
The regular Municipal election for Mayor and Council members shall be held on the first Tuesday after the first Monday in November in the odd-numbered years in which they are to be elected commencing in the year 1977. The procedure established by the Ohio election laws for the conduct of Municipal elections shall be followed, except as modified by this Charter.
Sec. 9.03 Special Elections.
The Council may, at any time, by ordinance or resolution, order a special election, the purpose of which shall be set forth in the ordinance or resolution.
Sec. 9.04 Conduct of Elections.
All regular and special Municipal elections shall be conducted by the Board of Elections of Montgomery County under the provisions of this Charter, so far as they are applicable. Where the Charter is silent, the provisions of the Ohio election laws shall be followed.
ARTICLE X INITIATIVE, REFERENDUM AND RECALL.
Sec. 10.01 General Authority.
- Initiative. The qualified voters of the Municipality shall have the power to propose ordinances and resolutions to the Council and, if the Council fails to adopt an ordinance or resolution so proposed without any change in substance, to adopt or reject it at an election, provided that such power shall not extend to the budget or capital program or any ordinance or resolution relating to the appropriation of money or salaries of Municipal officers or employees.
- Referendum. The qualified electors of the Municipality shall have power to require reconsideration by the Council of any adopted ordinance or resolution and, if the council fails to repeal an ordinance or resolution so reconsidered, to approve or reject it at an election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or resolution, or ordinance or resolution relating to the appropriation of money or any other ordinance or resolution which takes effect immediately under the provisions of Section 2.04 of this Charter.
- Recall. Any elected official may be removed from office by a recall election before the expiration of the officialâ€™s term by the qualified voters of the Municipality. The procedure for such recall election shall be as provided by the then current Revised Code of Ohio.
Sec. 10.02 Commencement of Proceedings; Petitionersâ€™ Committee; Affidavit.
Any five (5) electors may commence initiative or referendum proceedings by filing with the Clerk of Council an affidavit stating they will constitute the petitionersâ€™ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or resolution or citing the ordinance or resolution sought to be reconsidered.
Promptly after the affidavit of the petitionersâ€™ committee is filed the Clerk shall specify the appropriate petition forms that are to be used to the petitionersâ€™ committee.
Sec. 10.03 Initiative and Referendum Petitions.
- Number of Signatures. Initiative and referendum petitions must be signed by qualified electors of the Municipality equal in number to at least fifteen (15) percent of the total number of qualified electors who voted in the last regular election of municipal officers.
- Form and Content. All papers of a petition shall be uniform in size and style and each petition shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing, their ward and precinct, and the date of signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance or resolution proposed or sought to be reconsidered.
- Affidavit of Circulator. Each petition shall have attached to it when filed, an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance or resolution proposed or sought to be reconsidered.
- Time for Filing Referendum Petitions. Referendum petitions must be filed with the Clerk of Council within thirty (30) days after adoption by the Council of the ordinance or resolution sought to be reconsidered.
Sec. 10.04 Procedure After Filing.
- Certificate of Clerk; Amendment. Within twenty (20) days after the petition if filed, the Clerk of Council shall complete a certificate as to its sufficiency with respect to the requirements contained in Section 10.03 of this article specifying, if it is insufficient in that respect, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitionersâ€™ committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitionersâ€™ committee files a notice of intention to amend it with the Clerk of Council within two (2) days after receiving the copy of the Clerkâ€™s certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 10.03, and within five (5) days after it is filed with the Clerk of Council the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitionersâ€™ committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitionersâ€™ committee does not elect to amend or request Council review under subsection (b) of this section within the time required, the Clerk of Council shall promptly present the certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition.
- Council Review. If a petition has been certified insufficient and the petitionersâ€™ committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request with the Clerk of Council that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Councilâ€™s determination shall then be a final determination as to the sufficiency of the petition.
Sec. 10.05 Referendum Petitions; Suspension of Effect of Ordinance or Resolution.
When a referendum petition is filed with the Clerk of Council, the ordinance or resolution sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
- There is a final determination of insufficiency of the petition, or
- The petitionersâ€™ committee withdraws the petition, or
- The Council repeals the ordinance, or
- Five (5) days have elapsed after the Board of Elections certifies the official vote on the question.
Sec. 10.06 Action on Initiative and Referendum Petitions.
- Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance or resolution in the manner provided in Article II of this Charter or may reconsider the referred ordinance or resolution by voting its repeal. If the Council fails to adopt a proposed initiative ordinance or resolution without any change in substance within sixty (60) days or fails to repeal the referred ordinance or resolution within thirty (30) days after the date the petition was finally determined sufficient, the Council shall submit the proposed or referred ordinance to the electors of the Municipality.
- Submission to Electors. The vote of the electors on a proposed or referred ordinance or resolution shall be held not less than sixty (60) days and not later than one (1) year from the date of the final Council vote thereon. If no regular Municipal election is to be held within the period prescribed in this subsection, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular Municipal election, except that the Council may in its discretion provide for a special election at an earlier date within the prescribed period, which special election may be held on the same day and at the same time as a State general or primary election, or a Municipal primary election.
- Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the sixtieth (60th) day preceding the day scheduled for the election by filing with the Clerk of Council a request for withdrawal signed by a least four (4) members of the petitionersâ€™ committee. Upon the filing of such request the petition shall have no further force or effect, all proceedings thereon shall be terminated, and the Clerk of Council shall certify such withdrawal of the petitions and the termination of the proceedings under such petitions to the appropriate Board of Elections.
Sec. 10.07 Results of Election.
- Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance or resolution vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances and resolutions of the same kind adopted by the Council. If conflicting ordinances and resolutions are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
- Referendum. If a majority of the qualified electors voting on a referred ordinance or resolution vote against it, it shall not take effect; if a majority of the qualified electors voting on a referred ordinance or resolution vote for it, it shall become effective five (5) days after the Board of Elections certifies the official vote on the question, and no publication of such ordinance or resolution shall be required.
Sec. 10.08 Conduct of Elections – Initiative, Referendum and Recall.
Elections on ordinances or resolutions referred to the electors under the initiative, referendum, and recall procedures set forth in this Charter shall be conducted by the Board of Elections of Montgomery County under the provisions of this Charter as far as they are applicable. Where the Charter is silent concerning the conduct of the election, the provisions of the Ohio Election Laws shall be followed.
ARTICLE XI GENERAL PROVISIONS.
Sec. 11.01 Oath of Office.
Every elected and appointed official of the Municipality shall take and subscribe an oath or affirmation to uphold the Constitution and laws of the United States and State of Ohio; to uphold the Charter, ordinances, resolutions and other laws of the Municipality; and to faithfully discharge the duties and responsibilities of his or her office.
Sec. 11.02 Personal Financial Interest.
An officer or employee of the Municipality who has a substantial financial interest, whether direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the Municipality, or in the sale of any land, material, supplies or services to the Municipality, or to a contractor supplying the Municipality, shall make such interest known in a writing filed with the Clerk of Council and shall refrain from voting upon or otherwise participating in his capacity performance of such contract.
Any officer or employee of the Municipality who willfully conceals such a substantial financial interest or willfully violates the requirements of this section shall be guilty of malfeasance in the officerâ€™s or employeeâ€™s office or position and shall forfeit such office or position upon the conviction thereof by an affirmative vote of five (5) of the members of the Council. The accused officer or employee shall be notified in writing of the charge against that individual and given an opportunity to be heard in person or by legal counsel. Such hearing shall be open to the public. The Council and the accused officer or employee shall have the power to subpoena witnesses and the production of evidence. The Clerk of Council shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused officer or employee and shall have the power to administer oaths. Upon the required vote to remove such officer or employee that officer or employee shall forfeit the office or the position of employment held and such office or position shall become vacant and shall be filled in the manner provided by this Charter. Any person removed from office or employment under this section shall not be eligible to become a candidate for or hold any office in or employment with the Municipality for a period of five (5) years after removal. A member of Council accused of malfeasance under this section shall not vote upon the question of that memberâ€™s removal, and the vote required for removal of such member shall be two-thirds (2/3) of the remaining members of the Council.
In the event an administrative officer or employee of the Municipality is prevented from participating in any sale or contract by this section and this Charter or the ordinances of the Municipality required action by the person holding the position to effect such sale or contract, or the performance thereof, the Council, by motion, may designate another officer or employee of the Municipality to act in the individualâ€™s place in order to effect such sale or contract, or the performance thereof.
Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the Municipality shall render the contract or sale of voidable by the Council.
It is intended by this Charter Commission and the electors of the Municipality, by their approval of this Charter, that this Charter shall be the only limitation upon the financial interest of officers and employees of the Municipality in contracts with and expenditures by the Municipality, and that the general laws of the State of Ohio, whether pertaining to removal from and forfeiture of office criminal offenses, or other related matters, shall not be applicable to officers and employees of the Municipality.
Sec. 11.03 Official Bonds.
All officers and employees of the Municipality whose duties require that they handle or be concerned with the management of its money or other property, and any other employee required by Council to furnish a bond, shall furnish to the Clerk of Council before entering upon their duties, a corporate surety bond, issued by a company authorized to do business in Ohio, to protect the Municipality against loss due to their acts or omissions. The amount of such bond shall, in each case, be fixed by the Council. The premium on such bonds shall be paid from the funds of the Municipality.
Sec. 11.04 Amendments to the Charter.
Any provision of this Charter may be amended as provided in Article XVIII, Section 9 of the Ohio Constitution, by submission of a proposed amendment to the voters of the Municipality and approval by a majority of those voting on the question of its adoption. Such amendment may be initiated either by a five (5) vote of the Council, or by petition to the Council signed by ten percent (10%) of the electors who voted at the last regular election of municipal officers.
Sec. 11.05 Separability.
If any provision of this Charter is held invalid by a court of competent jurisdiction, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.
Sec. 11.06 Charter Review Commission.
Not later than the last day of March in the fifth (5th) calendar year following the adoption of this Charter and every fifth (5th) year thereafter, the Council shall appoint a Charter Review Commission consisting of not less than five (5) electors of the Municipality. Such Commission shall review the Charter of the Municipality and, within the time designated by the Council at the time the members are appointed, or within any extension by the Council at the time the members are appointed, or within any extension thereof granted by the Council, recommend to Council such alterations, revisions and amendments, if any, to this Charter, as in its judgment are desirable.
After consideration of the recommendations of the Charter Review Commission, the Council may submit any or all of such proposed alterations, revisions or amendments to this Charter to the electors of the Municipality in the manner provided by Article XVIII, of the Constitution of Ohio. The terms of the members of the Commission shall terminate at the end of the period designated at the time of their appointment, or any extension thereof, by the Council.
ARTICLE XII TRANSITIONAL PROVISIONS.
Sec. 12.01 Effective Date of Charter.
This Charter shall be submitted to the electors of the Municipality of Germantown at the regular election to be held June 8, 1976, and if approved by the electors shall, for the purpose of nominating and electing officers of the Municipality and conducting Municipal elections, take effect from the time of its approval by the electors of the Municipality; and for all other purposes it shall take effect on the first day of January in the year nineteen hundred seventy-eight (January 1, 1978).
Sec. 12.02 Succession.
The Municipality of Germantown under this Charter, is hereby declared to be the legal successor of the Municipality of Germantown, under the laws of the State of Ohio, and as such it has title to all property, real, personal and mixed, owned by its predecessor, including all moneys on deposit and all taxes in process of collection together with all accounts receivable and rights of action. The Municipality is also liable for all outstanding orders, contracts and debts of its predecessor, and for any other obligations for which it may be held liable as such successor, by any court of competent jurisdiction.
Sec. 12.03 Continuation of Ordinances.
All ordinances, resolutions and other acts of the Municipality of Germantown, in effect at the time this Charter becomes effective, shall remain in effect, except as superseded by the provisions of this Charter, until they are amended or repealed.
Sec. 12.04 Continuation of Officers.
All persons holding office at the time of this Charter takes effect shall continue in office, except the Auditor-Treasurer, whose office is abolished on the effective date of this amended Charter.
Sec. 12.05 Continuation of Employees.
Every employee of the Municipality when this Charter takes effect shall be retained in their employment with the same status, rights and privileges as before, but shall thereafter be subject in all respects to the provisions of this Charter.
Sec. 12.06 Transfer of Records and Property.
All public records and property in the custody of officers and employees of the Municipality at the time this Charter becomes effective shall be transferred and delivered promptly to their successors.
Sec. 12.07 Continuation of Contracts and Improvements.
All contracts entered into by the Municipality or for its benefit, prior to the taking effect of this Charter shall remain in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this Charter takes effect, shall be completed, as nearly as practicable, under the provisions of such laws.
Sec. 12.08 Pending Actions and Proceedings.
No action or proceeding, civil or criminal, pending in any court at the time this Charter takes effect, brought by or against the Municipality or any office, agency or officer thereof, shall be abated or affected by anything herein contained, but all such actions shall be prosecuted or defended under the laws in effect when they are filed.
Sec. 12.09 Effect of Amended Charter.
This amended Charter shall take effect from and after approval by the electors of the City of Germantown.