Proposed Charter Draft

Preamble

We, the People of the Village of Minerva Park, in the County of Franklin and State of Ohio, in order to secure for ourselves the fullest measure of municipal home rule and local self-government under the Constitution and laws of the State of Ohio and to preserve the character of our community, do hereby adopt this Charter as the governing law of our community.

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
appropriated, and;
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
the Council.

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
fund appropriations.

C. The public hearing of any proposed legislation shall follow its publication by no less than
seven days.

i. Public hearings may be held separately or in conjunction with a regular or special
Council meeting;
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
available online.

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
resolution.
B. The following ordinances shall take effect upon adoption, unless otherwise specified within
the ordinance:

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
an election;
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
or resolution.

Section 4.08 Recording Legislation.

A. Each ordinance and resolution shall be recorded in a book or other record prescribed by
Council.
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
website.

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
reference.
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
Charter.
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.

A. Veto.

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.

B. Judicial.

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
elected.

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
this Charter;
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
Village;
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
or disability.

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
the resolution.
ii. The Acting Village Administrator shall perform the duties of the Village
Administrator until the Mayor appoints with concurrence of Council a new Village
Administrator.

Section 6.06 Removal of Village Administrator.

A. The Village Administrator may be removed by the Mayor upon a resolution of Council
recommending termination.