Proposed Charter Draft
Article I. NAME; BOUNDARIES; FORM OF GOVERNMENT
Section 1.01 Name.
A. The Village of Minerva Park shall continue to be a municipal corporation knows as the “Village of Minerva Park”. If and when the Village of Minerva Park becomes a City under the Constitution and laws of the State of Ohio, at such time all references to “Village” herein shall mean “City”. At such time, it shall then be known as the “City of Minerva Park,” unless otherwise provided by the Minerva Park Council.
Section 1.02 Boundaries.
A. The Village shall have the same boundaries that exist on the adoption date of this Charter, with power and authority to change its boundaries and annex territory. Territory annexed to the Village shall immediately be subject to the provisions of this Charter.
Section 1.03 Form of Government.
A. The form of government provided for by this Charter shall be known as “Mayor-Council-Administrator”
Article II. POWERS OF THE MUNICIPALITY
Section 2.01 Powers.
A. The Village shall have all powers possible for a Village to have under the Constitution and laws of the State of Ohio as fully and completely as though they were specifically enumerated in this Charter. Title to all real property shall be taken in the name of the Village.
Section 2.02 Manner of Exercise.
A. All powers shall be exercised in the manner prescribed in this Charter or if not so prescribed, in the manner provided by legislation of the Village. When not prescribed in this Charter or by legislation of the Village, then the powers shall be exercised in the manner provided by the laws of the State of Ohio until Council provides a different manner of exercising the powers.
Section 2.03 Construction of Powers.
A. The powers of the Village under this Charter shall be construed liberally in favor of the Village, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general powers granted in this Article.
Section 2.04 Intergovernmental Cooperation.
A. The Village may exercise any of its powers, perform any of its functions and provide related financing, jointly or in cooperation, by contract or otherwise, with any one or more states, including but not limited to the State of Ohio, and any of their political subdivisions, special districts, instrumentalities, divisions or agencies; the United States or any of its divisions or agencies; or any individual, partnership, corporation or other type of entity, whether for profit, or not-for-profit, unless prohibited by the Constitution of the State of Ohio.
Article III. COUNCIL
Section 3.01 Powers of Council
A. All legislative power of the Village shall be vested in the Council, except as otherwise provided by this Charter and the Constitution of the State of Ohio. Without limitation of the foregoing, the Council shall have and possess the following powers:
i. The power to levy taxes and assessments and incur debts subject to the limitations imposed thereon by this Charter and the Constitution of Ohio.
ii. The power to adopt and to provide for the enforcement of local police, sanitary and other similar regulations as are not in conflict with the general laws.
iii.The power to provide for the exercise of all powers of local self-government granted to the Village by the Constitution of the State of Ohio in a manner not inconsistent with this Charter or the Constitution of the State of Ohio.
iv. The power, by ordinance or resolution, to establish or authorize the number of officers and employees in the various offices, departments, divisions, bureaus, boards and commissions of the Village and to establish or authorize the establishment of the rate of their compensation, hours of work, and to provide such other fringe benefits and conditions of employment as deemed proper by the Council.
v. The power to require such bonds as in the opinion of the Council are necessary for the faithful discharge of the duties of the officers and employees of the Village. The premium for said bonds shall be paid by the Village.
vi. The power to create, combine, change and abolish other offices, departments, divisions, bureaus, boards and commissions. The power herein expressed in this sub-section shall be exercised by ordinance or resolution.
vii. The power to establish, by ordinance or resolution, the rates or charges made of consumers of all municipal utilities and services.
viii. The power to acquire and to sell or otherwise convey interests in real property; and to lease, as lessor or lessee, or otherwise grant or receive interests in real property, in the manner authorized by ordinance or resolution.
ix. The power to provide for an independent audit of the accounts and records of the Village, which may be in addition to audits by state offices and agencies as may be required under the general laws of Ohio.
To exercise all other powers granted to the Council by this Charter and by the Constitution and laws of the State of Ohio.
Section 3.02 Composition and Term
A. The Council of the Village of Minerva Park shall be composed of seven (7) members.
B. All members of Council shall be elected at large.
C. Notwithstanding attending Council Meetings for the purpose of carrying out the duties of the office pursuant to Article V, the Mayor of the Village of Minerva Park shall not have a seat on the Village Council.
D. Members of Council shall serve four (4) year overlapping terms, starting on the first day of January following their election.
i.The members of the Council under the general statutory plan of government for the Village of Minerva Park at the time this Charter becomes effective (including the two members of Council elected in November 2019 for terms beginning on January 1, 2020) are hereby designated as the initial members of the Council under this Charter.
ii. At the regular municipal election to be held in November of 2021, and each four years thereafter, four persons shall be elected from the Village at large to serve terms of four years each.
iii. At the regular municipal election to be held in November of 2023, and each four years thereafter, three persons shall be elected from the Village at large to serve terms of four years each.
iv. The terms of Council members shall commence as of January 1 of the year immediately following their election.
Section 3.03 Qualifications.
A. Candidates for Council shall have been qualified electors of the Village or any area annexed to the Village for at least six (6) months immediately prior to the time they file for office and shall remain so qualified during their entire term of office.
i. A qualified elector is defined for purposes of this Charter as a person having the qualifications provided by law to be entitled to vote pursuant to Ohio Revised Code Section 3501.01(N).
ii.Members of Council shall not hold any other public office or employment with the Village, or any other municipality, jurisdiction, or government, during a term, with the following exceptions:
iii.Holding office in a political party or serving as a delegate to a political party convention;
iv.Serving as a notary public;
v.Serving as a member or officer in the military;
vi.Serving in any office, position or capacity to represent the Village or to further intergovernmental cooperation; and
vii.Holding any office permitted by the Charter or the laws of Ohio.
Section 3.04 Organization and Rules
A. The Council shall be a continuing body, but shall meet in the Council Chamber at its first meeting in January of each year for the purpose of organization.
i. At such meeting, the newly elected Council members, if any, may take the oath of office.
ii. Council shall adopt, by a majority vote of its members, its own Rules which shall not conflict with this Charter and which shall remain in effect until amended, changed or repealed by a majority vote of its members.
iii. The Rules shall go into immediate effect unless a later date is specified and shall not be subject to initiative or referendum.
iv. The Rules of Council shall provide for the number, composition and manner of appointment of committees of Council, and such other matters as Council shall determine to be necessary for the proper functioning and government of Council.
Section 3.05 Officers of the Council
A. During its organizational meeting held pursuant to Section 3.04(A), each year the Council shall choose, by a vote of four Council members, one of its members as the President of the Council.
i. The President of Council shall also serve as the President pro tempore, who shall serve as the Mayor during the temporary absence or disability of the Mayor.
B. During its organizational meeting held pursuant to Section 3.04(A), each year the Council shall choose, by a vote of four Council members, one of its members as the Vice President pro tempore, who shall serve as the President of Council and President pro tempor in the absence of the President of Council.
Section 3.06 Clerk of Council
A. The Council shall appoint, by a majority vote of its members, a person to serve in the position of Clerk of Council.
B. The Clerk of Council shall serve at the pleasure of the Council and may be suspended or removed from the position of Clerk of Council without cause by a majority vote of the members of Council.
C. The Clerk of Council may hold other office or position of employment in the Village.
D. The Clerk of Council shall have those powers, duties and functions as are provided in this Charter, by the Rules of Council or by ordinance or resolution.
i. Included in the duties of the Clerk of Council shall be the maintenance of a record of proceedings of the Council and a record of all ordinances and resolutions adopted by the Council.
ii. The Clerk of Council shall give notice of regular and special meetings of the Council to its members and to the public as may be provided by this Charter, the Rules of Council or by ordinance or resolution.
iii. The Clerk of Council shall be subject to the control of the officers of the Council and the general supervision of the Village Administrator.
iv. The Council, by ordinance or resolution, may require the Clerk of Council to serve as the secretary of one or more boards and commissions provided for under this Charter.
Section 3.07 Resignation and Forfeiture
A. A member of Council may resign from their Council seat upon submitting a written resignation to the President of Council.
B. The office of a member of Council may be forfeited upon a determination that the member:
i. Has pled to or has been convicted of a felony while in office;
ii. Has pled to or has been convicted of any crime involving dereliction of duties or breach of public trust while in office;
iii. Lacks, or is found to have lacked, at any time prescribed by this Charter, any eligibility requirements of Section 3.03(A);
iv. Has violated any prohibition of Section 3.03(B); or
v. Has failed to attend three consecutive regular Council meetings without being excused by Council.
C. Judge of Grounds Constituting Forfeiture
i. Council shall be the sole judge of the grounds constituting forfeiture of office. Council shall initiate the process to establish grounds for forfeiture of office by motion and shall have the power to subpoena witnesses, administer oaths, take testimony, and require the production of evidence.
D. Notice and Public Hearing
i. Upon finding that grounds exist which subject the member to forfeiture of office, Council shall instruct the Clerk of Council to notify the member. The Clerk of Council shall notify the member by any method which includes written evidence of receipt. The member so notified shall receive a public hearing before Council to be held no earlier than ten (10) days nor later than thirty (30) days after notification of forfeiture is received by the member.</p?
E. Final Determination
i. Council shall make a final determination by a motion to regard the office of the Council member as forfeited.
ii. The member subject to forfeiture of office shall be entitled to vote.
iii. Upon passage of the motion by majority vote, the office shall be deemed vacant and Council shall fill the vacancy as provided in Section 3.08
Section 3.08 Vacancies
A. The office of Council member shall become vacant upon the member’s death, resignation or forfeiture of office as provided in Section 3.07.
B. A vacancy in Council shall be filled by a majority vote of the remaining Council members.
i. If the vacancy occurs on or after July 1 of the second year of the term, the person elected by Council shall serve for the unexpired term.
ii. If the vacancy occurs on or before June 30 of the second year of the term, the person elected by Council shall serve until a successor is elected at the next regular municipal election. The person so elected shall take office on January 1 following such election.</p.
C. If Council fails to fill a vacancy in Council within sixty (60) days after the occurrence of the vacancy, the Mayor shall appoint a person to serve for the time as provided in this Section.
Section 3.09 Council Meetings.
A. The Council shall determine, by a majority vote of its members, the frequency, dates and times of regular meetings in order to properly conduct its business, but it shall hold at least one regular meeting in each month in at least eleven months of each year.
B. Special meetings of the Council may be called, for any purpose, by the Mayor or any four members of the Council upon at least twenty-four hours’ written notice to the Mayor and each member of the Council, which notice may be served personally left at the usual place of residence, or by electronic notification.
i.In the event the Mayor or any four members of the Council determine in writing an emergency exists affecting the health, safety, or welfare of the Village, the twenty-four-hour notice shall not apply.
ii. If a special meeting is called and notice is dispensed with pursuant to Section 3.09(B)(i), the Council shall issue a public statement, posted in accordance with Council Rules, no later than twenty-four hours after the special meeting explaining in detail the need for dispensing with notice.
iii. Members of the Council and the Mayor who attend special meetings of the Council or who are present at another regular or special meeting where a special meeting is announced by the presiding officer need not receive notice of the special meeting.
iv. Members of the Council and the Mayor may waive receipt of notice of a special meeting either prior or subsequent to the meeting.
v. Special meetings may be cancelled beforehand by whomever initially called for such special meeting.
C. Any regular or special meeting of the Council may be adjourned or recessed to another time, date or place without giving the notice required in Division (B) of this section.
D. All meetings of the Council and of other boards and commissions of the Village shall be held in accordance with the general laws of Ohio pertaining to requirements for open meetings of public bodies.
Section 3.10 Salary of Elected Officials
A. The salaries of all elected officials of the Village shall be established by Council by ordinance or resolution.
B. Council shall consider ordinances or resolutions effecting the salary of elected officials only on council election years.
i.The salaries so established shall not be changed to be effective during the current term of office.
ii.Ordinances and resolutions effecting the salary of elected officials shall become effective on the first day of January the year after the ordinance or resolution is passed.
C. In the event Council shall fail to establish salaries as required in this Section, the salaries in effect for the prior term shall remain in effect until changed in accordance with this Section.
Article IV. Legislative Procedure
Section 4.01 Form of Action by Council.
A. Generally, non-legislative action of Council shall be by motion and legislative action shall
be by resolution or ordinance.
i. No action of Council shall be invalidated merely because the form of the action
taken fails to comply with the provisions of this Charter.
B. Council shall use a motion to determine:
i. Policy and procedural matters;
ii. To conduct elections among and make appointments by Council; and
iii. As otherwise provided in this Charter or by Council.
C. Council shall use a resolution, where practicable, for:
i. Any legislation of a temporary, informal, or ceremonial nature; and
ii. As otherwise provided in this Charter or by Council.
D. Council shall use an ordinance, where practicable, for:
i. Any legislation of a general or permanent nature and;
ii. As otherwise provided in this Charter or by Council.
Section 4.02 Form of Ordinances and Resolutions.
A. The form of ordinances and resolutions shall be established by the Council Rules.
i. Where practicable, ordinances and resolutions should follow a uniform format.
B. Legislation shall contain only one subject, which shall be clearly expressed in its title, with
the following exceptions:
i. Appropriation ordinances may contain the various accounts for which monies are
ii. Ordinances which are codified or recodified are not subject to the limitation of
containing one subject.
Section 4.03 Introduction, Reading, and Public Hearings of Ordinances and Resolutions.
A. Legislation may be introduced by any elected official or the Administrator at any regular
or special meeting of Council.
i. Prior to the introduction of any legislation, the Clerk of Council shall distribute a
copy of the legislation to each elected official and to the Administrator, file a
reasonable number of copies in the office of the Clerk of Council and such other
public places as Council may designate, publish the title of the legislation together
with a notice setting forth the time and place for its public hearing before Council,
and the full text of the proposed legislation shall be made available on the internet.
ii. The Council may only waive the requirements in Section 4.03(A)(i) when the
proposed legislation is being voted on as an emergency measure.
B. Each resolution and ordinance shall be read by title only on three separate days, unless this
requirement is dispensed with by the affirmative vote of at least five (5) of the members of
i. Readings shall be by title only, unless any member of the Council shall request that
any ordinance be read in full.
ii. Copies of each ordinance shall be available for public inspection at the meetings of
the Council at which the ordinance is considered.
iii. Resolutions not in written form when introduced shall be available for public
inspection once reduced to written form.
iv. The Council may not dispense with the readings of legislation that substantially
pertain to Village sewer (sanitary and storm), water lines, zoning, road
construction, or expenditures of more than five percent (5%) of the annual general
C. The public hearing of any proposed legislation shall follow its publication by no less than
i. Public hearings may be held separately or in conjunction with a regular or special
ii. Public hearings may be adjourned or recessed from time to time.
iii. Public hearings may be dispensed with for an emergency ordinance.
D. The procedure for public hearings shall be determined by the Council Rules not
inconsistent with this Section.
i. The public hearing of a resolution shall be conducted at the time of its introduction.
ii. The public hearing of an ordinance shall be conducted at the next designated
meeting subsequent to its introduction, unless otherwise specified by Council.
iii. Unless dispensed with by Council, the public hearing of an emergency ordinance
shall be conducted at the time of its introduction.
iv. Upon closing the public hearing and after discussion by Council, Council may
adopt the legislation, with or without amendment, reject it, or table it.
Section 4.04 Vote Required for Passage.
A. The vote on the question of passage of each ordinance or resolution shall be taken by roll
call of members to be entered on the Clerk’s record, or other record of proceedings of the
Council in accordance with the Council Rules, and none shall be passed without
concurrence of a majority of the members of Council.
i. In considering whether a resolution or motion has received a majority vote of the
Council, an abstention is considered to be an acquiescence to the action taken by
the majority of those who do vote.
B. Each emergency ordinance or resolution shall require the affirmative vote of at least five
(5) of the members of Council for its enactment.
i. If an emergency ordinance or resolution shall fail to receive the required five (5)
affirmative votes but receives the necessary majority for passage as non-emergency
legislation, it shall be amended and become effective as nonemergency legislation.
C. The vote on legislation shall be entered in the minutes or other record of Council
proceedings in accordance with the Council Rules.
i. As soon as possible after adoption, the Clerk of Council shall have the legislation
and accompanying exhibits and attachments, and a notice of its adoption published
and available to the public at a reasonable fee, and the legislation shall be made
Section 4.05 Form and Content of Emergency Legislation.
A. Each emergency ordinance or resolution shall determine that the ordinance or resolution is
necessary for the immediate preservation of the public peace, health, safety or welfare, and
shall contain a specific statement of the necessity for the emergency.
Section 4.06 Effective Date of Legislation.
A. All resolutions shall be effective immediately unless otherwise specified within the
B. The following ordinances shall take effect upon adoption, unless otherwise specified within
i. Appropriations of money;
ii. Annual tax levies for current expenses;
iii. Improvements petitioned for by owners of the requisite majority of the front footage
or of the area of the property benefited and to be assessed;
iv. Submissions of any questions to the electorate or a determination to proceed with
v. Approvals of a revision, codification, recodification, rearrangement, or publication
of ordinances; and
vi. Emergency ordinances.
C. Unless otherwise provided in this Charter, all other ordinances shall become effective thirty
days after their adoption or at any later date specified by Council.
Section 4.07 Authentication.
A. Each ordinance and resolution shall be authenticated by the signature of a presiding officer
of the Council and the Clerk of Council.
B. The failure or refusal to sign shall not invalidate an otherwise properly enacted ordinance
Section 4.08 Recording Legislation.
A. Each ordinance and resolution shall be recorded in a book or other record prescribed by
B. The Clerk of Council or a duly authorized representative of the Clerk shall, upon request
of any person and upon the payment of a fee, if established by Council, certify true copies
of any ordinance or resolution, which copies shall be admissible as evidence in any court.
Section 4.09 Publication of Ordinances and Resolutions.
A. Ordinances and resolutions shall be published by posting all of the following:
i. A copy of the title of each ordinance or resolution in not less than three public
places in the Village for a period of ten days
ii. A full, unabridged copy of each ordinance or resolution electronically on the
official village website, or if such website is unavailable, on a publicly accessible
B. The Council may, by Council Rules, require that ordinances and resolutions be published
by other means in addition to the postings as required by this Section.
Section 4.10 Amendment.
A. A pending ordinance or resolution may be amended at any time prior to its passage by the
Council by a majority vote of the members of the Council.
i. An amendment of an ordinance shall not require additional readings unless
materially amended during the final reading, in which case one (1) additional
reading shall be required.
B. Any ordinance or resolution, or codified ordinances or resolutions of the Village, may be
amended by the passage of subsequent ordinances or resolutions that:
i. Revise existing sections or parts thereof;
ii. Enact new or supplemental sections or parts thereto; or
iii. Repeal existing sections or parts thereof.
C. This Section does not prevent repeals by implication.
Section 4.11 Zoning Measures.
A. Ordinances establishing, amending, revising, changing or repealing zoning classifications,
districts, uses or regulations may be initiated by a member of Council or as otherwise
provided by ordinance.
B. The Council shall determine, by ordinance, all procedures to be followed by the Council
and the Planning and Zoning Commission with respect to:
i. Zoning within the Village;
ii. Public hearings relating to zoning;
iii. Notices to owners of land; and
iv. Notices to the general public.
C. A concurring vote of at least five (5) of the members of Council shall be necessary to pass
any zoning ordinance which differs from the written recommendations of the Planning and
Zoning Commission, but in no event shall an ordinance be considered as having passed
unless it receives at least an affirmative vote by a majority of the members of Council.
Section 4.12 Adoption of Technical Codes.
A. In conjunction with the procedures provided in the other Sections of this Article, Council
may, by ordinance, adopt codes relating to technical matters, construction standards, fire
prevention, electric wiring, plumbing, heating, air conditioning, housing, health, safety,
and such other matters as Council may determine to be appropriate for adoption by
B. An ordinance adopting any code shall make reference to the date and source of the code
without reproducing it at length in the ordinance. In such cases, publication of the code
shall not be required.
i. A copy of each code and a copy of the adopting ordinance shall be authenticated
and recorded by the Clerk of Council as provided in Sections 4.07 and 4.08 of this
ii. If the code is amended after its adoption by reference, Council may adopt the
amendment or change by incorporation by reference under the same procedure
established for the adoption of the original code.
Section 4.13 Codification of Ordinances.
A. Council shall provide for the preparation of a general codification, a recodification, a
revision, or a rearrangement of all Village ordinances which shall be adopted by Council
by ordinance and shall be published in printed form as well as made publicly available
online, together with this Charter.
i. Codification of Village ordinances shall include the full text of such ordinances,
including all attachments and exhibits.
ii. Council shall ensure that the codification of newly passed ordinances takes place
on an annual basis.
B. A current service supplementing the Village’s codified ordinances shall be regularly
maintained in the manner prescribed by Council.
Article V. Mayor
Section 5.01 Term and Qualifications
A. The Mayor shall be elected by the popular vote of the Village electors on a non-partisan ballot for a four (4) year term to begin on the first day of January following the election.
B. Candidates for Mayor shall have been qualified electors of the Village or any area annexed to the Village for at least six (6) months immediately prior to the time they file for office and shall remain so qualified during their entire term of office.
i. A qualified elector is defined for purposes of this Charter as a person having the qualifications provided by law to be entitled to vote pursuant to Ohio Revised Code Section 3501.01(N).
C. The Mayor shall not hold any other public office or employment with the Village, or any other municipality, jurisdiction, or government during a term, with the following exceptions:
i. Holding office in a political party or serving as a delegate to a political party convention;
ii. Serving as a notary public;
iii. Serving as a member or officer in the military;
iv. Serving in any office, position or capacity to represent the Village or to further intergovernmental cooperation; and
v. Holding any office permitted by the Charter or the laws of Ohio./p>
D. The office of Mayor need not be a full-time position.
Section 5.02 Resignation and Forfeiture
A. The Mayor may resign from their office upon submitting a written resignation to the President of Council.
B. The office of Mayor may be forfeited upon a determination that the Mayor:
i. Has pled to or has been convicted of a felony while in office;
ii. Has pled to or has been convicted of any crime involving dereliction of duties or breach of public trust while in office;
iii. Lacks, or is found to have lacked, at any time prescribed by this Charter, any eligibility requirements of Section 5.01(B); or
iv. Has violated any prohibition of Section 5.01(C);
C. Forfeiture Procedure
i. Council shall be the sole judge of the grounds constituting forfeiture of office pursuant to the provisions in Section 5.02(B). Council shall initiate the process to establish grounds for forfeiture of office by motion and shall have the power to subpoena witnesses, administer oaths, take testimony, and require the production of evidence.
ii. Upon finding that grounds exist which subject the Mayor to forfeiture of office, Council shall instruct the Clerk of Council to notify the Mayor of the finding. The Clerk of Council shall notify the Mayor by any method which includes written evidence of receipt. The Mayor shall then receive a public hearing before Council to be held no earlier than ten (10) days nor later than thirty (30) days after notification of forfeiture is received by the Mayor.
iii. Council shall make a final determination by a motion to regard the office of the Mayor as forfeited.
iv. Upon passage of the motion by five (5) of the members of Council, the office shall be deemed vacant and Council shall fill the vacancy as provided in Section 5.03
Section 5.03 Vacancies
A. Whenever a vacancy shall occur in office of Mayor, as determined by the adoption of a “motion to determine vacancy” by a majority vote of the Council, the person serving as President Pro Tem of the Council shall have five days after the adoption of the motion to accept and qualify as the Mayor or to notify the Clerk of Council that he or she rejects succession to the office of Mayor. If the person holding the office of President Pro Tem rejects succession to the office of Mayor, the Council shall elect, by a majority vote, a qualified person to serve as the Mayor. The President Pro Tem or the person elected by the Council shall serve as Mayor until January 1 following the next regular municipal election, at which election a qualified person shall be elected Mayor from the City at large for either a full four year term or for the remainder of the term vacated by the person creating the vacancy, as appropriate. If, at the time the vacancy is determined, more than two years remain in the term of office and fewer than fifty days remain prior to the regular municipal election, the person who succeeds to the office of Mayor or the person elected by the Council shall serve for the remainder of the unexpired term.
Section 5.04 Duties and Powers.
i. Council ordinance or resolution, once passed, shall be presented to the Mayor for consideration.
ii. Except as otherwise provided in this Charter, the Mayor may approve or veto the whole of any ordinance or resolution. Unless an ordinance or resolution is returned to the City Clerk, either signed or with written notice of veto within three (3) business days, after submission to the Mayor, it shall take effect as though the Mayor had signed it and approved the same.
iii. The City Clerk upon receiving notice of a veto of any ordinance or resolution shall within twenty-four (24) hours after receiving notice of the veto notify each Council member in writing of the veto. Failure to serve notice to any Council member shall not affect the validity of the veto or Council’s right to override the same.
iv. When the Mayor has vetoed an ordinance or resolution, Council may at the next regular or special meeting reconsider it, and if such legislation shall then be approved by the affirmative vote of at least five (5) Council members it shall become effective notwithstanding the Mayor’s veto.
i. The Mayor shall have all the judicial powers granted generally by the laws of Ohio to the mayors of Ohio municipalities.
ii. The Mayor shall exercise all or any such powers in accordance with the procedure established by law governing Mayor’s Court.
iii. The Mayor shall have authority and discretion to appoint a magistrate, with approval of Council, to hear and determine prosecutions of traffic, criminal, and zoning violation cases subject to the laws of the State of Ohio.
C. Administrator Supervision.
i. The Mayor shall supervise the Village Administrator.
ii. The Village Administrator will be responsible to the Mayor.
iii. The Mayor has the right to discipline the Village Administrator./p>
D.The Mayor shall be recognized as the official and ceremonial head of the Village and by the Governor for military purposes.
E. The Mayor shall have all other powers and duties imposed by ordinance, resolution, and the Ohio Revised Code which do not conflict with the other provisions in this Charter.
F. The Mayor or designee shall be the primary liaison between the Village and all other political subdivisions inside and outside of Franklin County and shall be the primary spokesman for the Village in all communications with media entities.
Article VI. ADMINISTRATOR
Section 6.01 Appointment.
A. The Mayor shall hire, with a majority vote of Council, a Village Administrator who
shall have the powers and perform the duties set forth in this Charter.
i. The term of contract of a Village Administrator shall not be longer than a period of
two (2) years, at which time by recommendation of the Mayor and a majority vote
of the Council, or an affirmative vote of five (5) of the members of Council, may
renew the contract.
B. No Council member or the Mayor shall be eligible for employment as Village
Administrator during the term for which the Council member or the Mayor has been
Section 6.02 Qualifications.
A. The Village Administrator shall be considered on the basis of executive and
administrative qualifications in the area of public management.
Section 6.03 Powers and Duties.
A. The Village Administrator shall be the chief administrative official of the Village.
B. The Village Administrator shall be responsible to the Mayor for the proper
administration of all affairs of the Village and, to that end, subject to the provisions of
this Charter; the Village Administrator shall have the power and shall be required to:
ii. Hire, appoint, and remove all employees of the Village in the manner provided in
iii. Prepare the budget estimates annually, submit them to Council, and administer the
appropriations adopted by Council;
iv. Prepare and submit to Council and to the public annually, not later than February
15, a complete report of the finances and administrative activities of the Village for
the preceding year;
v. Keep Council informed of the current financial condition and future needs of the
vi. Delegate to subordinate Village employees any duties conferred upon the Village
Administrator by this Charter or by Council action, and hold them responsible for
their faithful discharges;
vii. See that the laws and ordinances are enforced; and
viii. Perform such other duties, not inconsistent with this Charter, as may be required by
Council, the Mayor, or the Ohio Revised Code.
Section 6.04 Mayor and Council Relationship to Administrator.
A. Except as otherwise provided in this Charter and for personnel appointed by the Mayor
or Council; the Mayor, Council, and Council members shall manage the administrative
employees solely through the Village Administrator.
B. Notwithstanding Section 6.05(A), the Mayor, Council, and Council members shall not
unilaterally give orders to any subordinate of the Village Administrator, either publicly
or privately, without the prior approval of the Administrator. The Mayor or any Council
members may be found guilty of malfeasance in office for a violation of any of the
provisions of this Section.
Section 6.05 Absence, Disability, Resignation, or Removal.
A. The Village Administrator may designate, by letter filed with the Village Clerk, the
Mayor or any qualified Division Head or Department Director of the Village to perform
the Village Administrator’s duties during the Village Administrator’s temporary absence
i. In the event that such a designation has not been made, or if the absence is to exceed
thirty (30) days, Council may, by resolution, appoint a qualified Department
Director to perform the duties of the Village Administrator until the Village
Administrator shall return or the disability ceases.
B. In the event of resignation or removal of the Village Administrator, the Mayor shall
appoint an Interim Village Administrator to serve as the Acting Village Administrator
up to but not exceeding sixty (60) days.
i. Prior to the expiration of the sixty (60) days, the Mayor shall appoint with the
concurrence of Council an Acting Village Administrator for a period outlined in
ii. The Acting Village Administrator shall perform the duties of the Village
Administrator until the Mayor appoints with concurrence of Council a new Village
Section 6.06 Removal of Village Administrator.
A. The Village Administrator may be removed by the Mayor upon a resolution of Council
Article VII. ADMINISTRATIVE DEPARTMENTS
Section 7.01 Creation and Alteration
A. The Village shall have a Department of Law, a Department of Finance, a Department
of Engineering, and such other departments as Council may create.
B. Except for the Departments of Law, Finance, and Engineering, Council may abolish,
combine, merge, change or alter any department of the Village.
Section 7.02 Duties and Functions
A. Departments shall have those powers, duties, and functions as provided in this Charter
or by Council.
Section 7.03 Department Directors
A. Departments shall be under the supervision of directors.
B. The Directors of Law, Finance, and Engineering shall be appointed and removed by the
Administrator, subject to the consent and approval of Council.
C. All other Directors shall be appointed by the Administrator and shall serve at the
pleasure of the Administrator.
D. With the consent of Council, the Administrator may serve as the director of one or more
departments or may appoint one person as the director of two or more departments.
E. Directors of departments may be contracted from outside the Village.
Section 7.04 Director of Law
A. The Director of Law shall be an attorney-at-law duly authorized and licensed to practice
law in the State of Ohio.
B. The Director of Law shall, subject to the direction of the Administrator, represent the
Village in all proceedings in Court or before any administrative board or body.
C. The Director of Law shall perform other duties as required by this Charter, by legislation
of the Village, or by the Administrator.
D. The Director of Law shall not be required to represent any school district or any other
unit of government, other than the Village.
Section 7.05 Director of Finance
A. The Director of Finance shall be the chief financial officer of the Village; shall exercise
the powers, duties, and functions as required by the laws of the State of Ohio, this
Charter, legislation of the Village, and the Administrator; and shall provide full and
complete information concerning the financial affairs and financial status of the Village
as required by the Administrator or Council.
Section 7.06 Director of Engineering
A. The Director of Engineering must be a registered professional engineer licensed to
practice in the State of Ohio.
B. The Director of Engineering shall be the engineering adviser for the Village and for all
officials and departments thereof and shall perform other such duties as described in the
Ohio Revised Code.
C. The Director of Engineering shall, on request, prepare specifications and drawings for
material, equipment, etc. for which the Village is concerned in procuring.
D. The Director of Engineering shall review approval drawings as required.
E. The Administrator, with approval of Council, shall have the right to employ additional
Section 7.07 Administrative Code
A. Subject to the provisions of this Charter, the Administrator shall prepare, and the
Council shall adopt and may amend an administrative code which shall provide, in
detail, the organization of the Municipal Government; define the powers and duties of
each organizational unit; and set forth administrative procedures.
B. Amendments to and revisions of the Administrative Code shall be made by Council.
C. Where the Administrative Code is silent as to a matter, or function, the officers and
employees of the Village shall have and may exercise all the powers and duties provided
for similar officers and employees under the laws of the State of Ohio. However,
provisions of the Administrative Code shall supersede those of the general laws of the
State of Ohio in case of conflict to the fullest extent permitted by law.
Section 7.08 Personnel Systems
A. All appointments and promotions of village employees shall be made on the basis of
merit and fitness demonstrated through a competitive selection process to the extent
B. Appointments to and removal from all elected and appointed offices, including the
village boards, commissions, and committees, shall be made in accordance with the
specific applicable provisions of this Charter or the specific applicable legislation of the
Village, and shall not be subject to Sections 7.08(A).
C. The laws of the State of Ohio governing the retirement of employees of municipalities
shall be applicable to Village employees under this Charter.
Article VIII. BOARDS AND COMMISSIONS
A. This Village shall have the following boards and commissions:
i. Planning and Zoning Commission;
ii. Board of Zoning Appeals; and
iii. Such other boards and commissions as may be created by Council.
B. The following general rules shall govern Boards and Commissions unless otherwise
specified in this Article:
i. Each board or commission shall consist of at least five (5) members, composed of
one member of Council, the Village Administrator, and three members at large;
ii. Terms, appointments, and removals shall be determined by Council, unless
otherwise provided in this Charter;
iii. Each member of a board or commission shall be and shall remain an elector of the
Village during the term of appointment, unless otherwise provided by Council;
iv. A vacancy occurring during the term of any member of a board or commission shall
be filled for the unexpired term in the same manner as the original appointment;
v. Each vacancy shall be filled within sixty (60) days;
vi. Each board and commission shall establish its own rules of order to be approved by
vii. Members of boards and commissions shall serve without compensation, unless
otherwise provided by Council; and
viii. All meetings of boards and commissions shall be open to the public, except as
allowed by the laws of the State of Ohio
Section 8.02 Planning and Zoning Commission
A. Membership of the Planning and Zoning Commission shall be consistent with the
provisions in Section 8.01(B)x
B. The Planning and Zoning Commission shall have the following powers and duties:
i. To hear applications for land use, zoning classifications, or districts and, as merited,
to submit written recommendations for legislative action or to render final
determinations for administrative action;
ii. To initiate, review, and recommend legislation, rules, and regulations on all matters
of Village planning, land use, and zoning classification; and
iii. To exercise such other powers, duties, and functions as provided by Council.
Section 8.03 Board of Zoning Appeals
A. The Board of Zoning Appeals shall consist of three voting members. Two of these
members shall serve overlapping three-year terms and the third member shall be a
Planning Commission member designated annually by the Planning Commission.
B. The Board of Zoning Appeals shall have the following powers and duties:
i. To hear and decide appeals regarding legislative measures and administrative
determinations relating to zoning and land use;
ii. To hear variances from zoning area regulations and general development standards;
iii. The Board of Zoning Appeals may make advisory recommendations to Council and
the Planning Commission concerning zoning matters; and
iv. To exercise such other powers, duties, and functions as provided by Council
Article IX. FINANCE, TAXATION, AND DEBT
Section 9.01 Taxation, Borrowing, Budgeting, and Contracting Procedures
A. The laws of the State of Ohio relating generally to budgets, appropriations, taxation,
debt, bonds, assessments, deposits and investment of funds, and other fiscal matters of
the Village shall be applicable, except as otherwise provided in this Charter or by
Section 9.02 Fiscal Year
A. The fiscal year for the Village for budgeting, accounting, and all other similar purposes
shall be the calendar year.
Section 9.03 Operating Budget and Appropriation Ordinance
A. In addition to the annual tax budget required by the Ohio Revised Code, the
Administrator, in consultation with the Director of Finance shall, by the first scheduled
Council meeting in November, submit to the Council a proposed operating budget for
the ensuing fiscal year.
B. The Administrator shall prepare, revise, and adjust the budget estimates for submission
C. Council shall adopt a budget.
D. The proposed operating budget shall contain a recommended appropriation ordinance.
E. Council shall, by December 21st of every year, adopt both the operating budget and
appropriation ordinance as submitted or amended.
i. Should Council fail to enact the proposed or amended operating budget and
appropriation ordinance by December 21st, both shall be deemed to have been
adopted finally by Council as submitted by the Administrator.
Section 9.04 Contracting Powers and Procedures
A. This Section sets forth procedures for the procurement of contracts for designing and
constructing public improvements including, without limitation, roads, bridges, traffic
signalization and signage, sidewalks, buildings, treatment works, storm sewers and
other stormwater management improvements, flood control improvements, sanitary
sewers, waterlines, other utilities, parks, and monuments.
B. This Section also sets forth procedures for the procurement of contracts for the purchase
of equipment, supplies, or materials for the operation and maintenance of public
improvements and otherwise promoting the functions and operations of the Village,
which contracts may or may not be associated with the construction of a public
C. Consistent with Section 6.03(B) and except as otherwise provided in this Section, the
Administrator or an authorized designee shall award and execute all contracts on behalf
of the Village.
D. The Council shall establish procedures for competitive bidding, including a threshold
amount for requiring competitive bidding not higher than 5% of the annual general fund
appropriations, notice provisions, and such other procedures as it deems appropriate.
i. At the Council’s discretion, such procedures may contain a prohibition against
awarding a contract in excess of a specified percentage of an engineer’s estimate.
ii. When any contract for the construction of a public improvement or the purchase of
equipment, supplies, or materials is estimated to exceed the competitive bidding
threshold established by the Council, the contract shall be competitively bid unless
exempted under Section 9.04(E).
iii. The Council shall award a contract to the lowest and best bidder, provided that
Council may reject any and all bids in whole or by items. No contract shall be
divided to avoid the requirements of competitive bidding.
E. By an affirmative vote of at least five of its members, the Council may waive the
competitive bidding requirement of Section 9.04(D) if the Council determines that an
emergency threatens public safety or property, or an item or service is only available
from a single source or provider, or when funding could be lost due to time constraints.
F. The Administrator shall select the construction project delivery method that in the
Administrator’s discretion is in the best interest of the Village, which project delivery
method may include, without limitation, construction manager at risk, design-build,
design-bid-build, single prime contracts, or any other method of project delivery.
i. However, the Council shall have the authority to direct the Administrator to select
a particular construction project delivery method.
G. Notwithstanding any provision of the laws of the State of Ohio, contractors and vendors
shall not be entitled to receive interest on funds temporarily retained on a contract
pending final acceptance of work performed or goods supplied, nor shall the Village be
required to maintain a separate escrow account to hold such retained funds.
H. Contracts for professional services, including, without limitation, architectural,
engineering, surveying, testing, inspection, and legal services, shall not be subject to the
competitive bidding requirements of this Section and shall not require authorization by
the Council if the current operating budget provides sufficient funding for the services
to be provided or if the Council has otherwise appropriated moneys for such services.
I. The Council shall establish procedures for alterations or modifications of contracts.
Modifications or alterations of contracts shall not require competitive bidding. Such
procedures may include a requirement that the Council approve cumulative contract
modifications that exceed a specified percentage of the original contract value.
Article X. ELECTIONS, INTIATIVE, REFERENDUM, AND RECALL
Section 10.01 Elected Officials
A. No primary election shall be held for the nomination of candidates for elected office.
B. Nominations for the elected offices of the Village shall be made by petition signed by
not less than fifteen (15) nor more than seventy-five (75) electors of the Village.
C. Petitions shall be in the form determined by the election officials of the State of Ohio
for the nomination of non-partisan candidates.
D. Group petitions shall not be permitted.
E. Petitions shall be filed with the election officials of the State of Ohio as provided by the
law of the State of Ohio.
Section 10.02 Elections
A. Regular municipal elections shall be held on the dates and times fixed by the election
laws of the State of Ohio.
B. Council may, at any time, order a special election by legislation which shall set forth
the date and purpose of the election, including, but not limited to, the referral of pending
legislation to the electors for their approval or rejection.
i. Special elections may be held on any date.
C. All regular and special elections shall be conducted by the election officials of the State
ii. Elections shall be held in conformity with the provisions of this Charter or as
otherwise provided by Council.
iii. Where not addressed by this Charter or by Council, the provisions of the election
laws of the State of Ohio shall be followed.
D. Council shall have the power to appropriate and expend public funds to pay the cost of
providing information to the public in connection with tax, bond, and other non-partisan
public issues, but not in connection with the election of any candidate for public office.
Section 10.03 Recall
A. The electors shall have the power to remove from office by a recall election any elected
official of the Village in the manner provided in this Section.
B. As to any elected official who has served at least six (6) months of a term of office, an
elector or electors of the Village may serve written notice upon the Clerk of Council of
their intent to circulate petitions for the recall of the elected official.
i. Petitions for the recall of the elected official may not be circulated until the written
notice of intent is served upon the Clerk of Council.
C. The petition shall contain a verified statement of not more than two hundred (200) words
setting forth specific grounds upon which the removal of the elected official is sought.
i. The petition may be circulated in separate parts, but the separate parts shall be
bound together and filed as one instrument.
ii. Each part shall contain the name of the elected official whose removal is sought.
iii. Separate petitions are necessary for each elected official whose removal is sought.
iv. The petition shall be signed by at least that number of electors equal to fifteen
percent (15%) of the electors voting at the last preceding regular municipal election.
D. No later than thirty (30) days after service of the notice of intent on the Clerk of Council,
the petition demanding the removal of an elected official shall be filed with the Clerk
i. Within twenty (20) days after the day on which the petition is filed, the Clerk of
Council shall determine, subject to verification from the Board of Elections,
whether or not it meets the requirements of this Section.
ii. If the Clerk finds the petition insufficient, the Clerk shall promptly certify the
particulars in which the petition is insufficient, deliver a copy of the certificate to
the person who filed the petition, and make a record of delivery.
iii. The petition may be amended within twenty (20) days after the date of the delivery.
iv. The Clerk shall, within five (5) days after such an amendment has been filed,
reexamine the petition, and if still insufficient, the petition shall be rejected, and no
further action taken thereon.
E. Unless the elected official whose removal is sought resigns within five days after
delivery of the Clerk’s certificate, Council shall fix a day for holding a recall election,
to be placed on the ballot at the succeeding general or primary election occurring not
less than ninety (90) days after the date of the Clerk’s certification of sufficiency to
Council, the Clerk of Council shall distribute a copy of the certified petition to each
elected official of the Village and to the Administrator, file a reasonable number of
copies in the office of the Clerk of Council and such other public places as Council may
designate, publish a copy of the certified petition together with a notice setting forth the
date of the next election, and the full text of the certified petition shall be made available
on the internet.
i. At the recall election, this question shall be placed upon the ballot: “Shall (name of
elected official whose removal is sought) be allowed to continue as (elected
official’s position)?”, with the provisions on the ballot for voting affirmatively or
ii. If a majority of the vote is negative, the elected official shall be removed, the office
shall be vacant, and the vacancy shall be filled as provided in Sections 3.08 and
iii. If the elected official is not removed at such recall election, no further recall
petitions shall be filed against the elected official for a period of one year following
the recall election.
Section 10.04 Initiative and Referendum
A. Legislation, issues, and other measures may be proposed by initiative petition and
adopted by election as provided by the Constitution and laws of the State of Ohio.
B. Legislation adopted by Council shall be subject to referendum, as provided by the
Constitution and laws of the State of Ohio, except that legislation calling for elections
under this Charter, and the Rules of Council shall not be subject to referendum and as
otherwise provided in Section 4.05.
Article XI. GENERAL PROVISIONS
Section 11.01 Definitions
A. Elected official. An elected official is a person who is an official by virtue of an election
or appointed pursuant to the terms of this Charter.
B. Public Review. An official meeting where members of the public hear the facts about
proposed legislation or Village action and give their opinions about it.
C. Public Meeting. A meeting, open to the public, in which the citizens and officials of the
Village can discuss business of the Village.
D. Committee. A group of specifically named Council Members appointed by the Council
to accomplish a specific purpose or function as defined by Rules of Council.
E. Commission. A group of people appointed by Council to accomplish a specific purpose
or function as defined by this Charter.
F. Board. See Commission.
G. Emergency Legislation. An ordinance that is necessary for the immediate preservation
of the public peace, health, safety or welfare. Emergency Legislation must contain a
specific statement of the necessity for the emergency. Once passed pursuant to Section
4.04(B), Emergency Legislation is effective immediately.
H. Majority Vote. A vote that includes the affirmative votes of at least four (4) of the
seven (7) Members of Council.
I. Day. For purposes of this Charter, all references to “day” or “days” shall mean
Section 11.02 Conflicts of Interest, Ethics, Campaign Finance
A. The laws of Ohio pertaining to conflicts of interest, criminal misbehavior, ethics and
financial disclosure by municipal officials and employees, and campaign financing and
other election practices of candidates for municipal office shall apply under this Charter.
Section 11.03 Succession
A. The Village of Minerva Park under this Charter is hereby declared to be the legal
successor of the Village of Minerva Park under the laws of Ohio; and shall have title to
all property, real and personal, owned by its predecessor, including all monies on deposit
and all taxes or assessments in process of collection, together with all accounts
receivable and rights of action.
B. The Village of Minerva Park shall be liable for all outstanding orders, contracts and
debts of its predecessor, and any other obligations for which it may be held liable by
any court of competent jurisdiction.
C. All contracts entered into by the Village of Minerva Park or for its benefit prior to the
effective date of this Charter shall continue in full force and effect.
Section 11.04 Effect of Charter On Existing Laws And Rights
A. The adoption of this Charter shall not affect any pre-existing rights of the Village of
Minerva Park nor any right, liability, pending suit or prosecution, either on behalf of or
against the Village of Minerva Park or any officer thereof, nor any franchise granted by
The Village of Minerva Park nor pending proceedings for the authorization of public
improvements or the levy of assessments therefor.
B. Except as a contrary intent appears in this Charter, all acts of the Council of The Village
of Minerva Park, including ordinances and resolutions in effect, shall continue in effect
until amended or repealed.
C. No action or proceeding pending against The Village of Minerva Park or an officer
thereof shall be abated or affected by the adoption of this Charter.
D. All actions or proceedings shall be prosecuted or defended under the laws in effect at
the time they were filed.
Section 11.05 Retirement System
A. The laws of Ohio governing the retirement of officers and employees of The Village of
Minerva Park shall be applicable under this Charter.
Section 11.06 Amendment of Charter
A. Any section of this Charter may be amended as provided in Article XVIII, Section 9 of
the Ohio Constitution, by the submission of the proposed amendment or amendments
to the electors of the City.
B. As often as necessary, but no less frequently than two (2) years after the initial adoption
of this Charter and then every five (5) years thereafter, the Council shall appoint a
Charter Review Commission pursuant to the provisions in Article VIII, who shall
review the Charter and make recommendations to the Council for proposed
amendments, if any, to be submitted to the voters of the Village.
i. Any such five (5) year time period shall commence upon the date that the then appointed Charter Review Commission submits its final report and
recommendations to the Council.
C. The appointment of a Charter Review Commission within the prescribed period shall
not preclude the Council from submitting recommended Charter amendments to the
voters from time to time.
Section 11.07 Effect Of Partial Invalidity
A. A determination that all or any Article, Section, Division or Provision of this Charter is
invalid shall not invalidate or impair the force and effect of any other part, except to the
extent that the other part is wholly dependent for its operation upon the part declared
Article XII. TRANSITIONAL PROVISIONS
Section 12.01 Effective Date of Charter
A. This Charter shall be submitted to the electors of The Village of Minerva Park at an
election to be held on November 5, 2019.
B. If approved by a majority of the persons voting, the Charter shall take effect from the
date the final result of the election is certified by the election authorities for the purpose
of designating, nominating and electing officers of The Village of Minerva Park and
conducting municipal elections.
C. For all other purposes, this Charter shall take effect January 1, 2020.
Section 12.02 Effect of the Charter on Existing Offices
A. Except as otherwise provided by this Charter, all persons holding office at the time this
Charter takes effect shall continue in office and in the performance of their duties until
other provisions have been made in accordance with this Charter for the performance or
discontinuance of the duties of the office.
i. When that provision shall have been made, the term of any officer shall expire and
the office shall be abolished.
ii. The powers conferred and the duties imposed upon any officer, body, commission,
board, department or division of The Village of Minerva Park under the laws of
Ohio or under any municipal ordinance, resolution or contract in force at the time
this Charter takes effect, if the office, body, commission, board, department or
division is abolished by this Charter, shall be thereafter exercised and discharged
by those upon whom are imposed corresponding functions, powers and duties by
this Charter or by any ordinance or resolution of Council thereafter enacted.
B. The person elected to the office of Mayor in the November 5, 2019 election under the
general statutory plan of government for the Village of Minerva Park shall continue in
that office until December 31, 2020.
i. The Village shall hold an election in November 2020 for the office of Mayor under
this Charter, and the winner of that election shall hold the office of Mayor for a
period of three (3) years.
ii. The office of Mayor shall then continue in a normal four (4) election schedule,
pursuant to Section 5.01
Section 12.03 Continuance of Present Employees
A. Every employee of The Village of Minerva Park on the effective date of this Charter
shall continue in his or her employment subject in all respects to the provisions of this
Charter and ordinances, resolutions, rules or regulations enacted or promulgated under
Section 12.04 Salaries of Elected Officials
A. Between the effective date of this Charter and January 1, 2021, the Council may adopt
ordinances, pursuant to the provisions in Article IV of this Charter, effecting the salaries
of elected officials in the Village. Such ordinances shall take immediate effect.