ARTICLE IV
MAYOR
SECTION 1 TERM.
The Mayor shall be elected for a term of four years commencing on the first day of January next following such election, and shall serve until his or her successor is duly elected and qualified.
SECTION 2 QUALIFICATIONS.
The Mayor shall have been a resident and a qualified elector of the Municipality for at least three continuous years prior to his or her election and shall continue to be a resident of the Municipality throughout his or her term of office. He or she shall not hold any other public office except that of Notary Public or member of the State Militia or Reserve Corps of the United States, unless otherwise provided in this Charter or by ordinance of Council.
If he or she shall cease to possess or if he or she violates any of the qualifications herein enumerated, he or she may be removed from office, but failure to maintain said qualifications shall not render void or ineffective any action in which he or she has participated.
SECTION 3 REMOVAL.
The Council may remove the Mayor for gross misconduct, malfeasance, misfeasance or nonfeasance in or disqualification for office, or for the conviction while in office of a crime involving moral turpitude, or if adjudicated legally incompetent, or for a violation of his or her oath of office, provided, however, that such removal shall not take place without the affirmative vote of five members of Council nor until the Mayor shall have been notified in writing of the charge against him or her at least ten days in advance of a public hearing upon such charge, and he or she or his or her counsel has been given an opportunity at such hearing to be heard, present evidence, and examine any witness appearing in support of the charge.
SECTION 4 ABSENCE AND VACANCY.
The Mayor shall be President of Council and shall preside at all meetings of Council. The Council shall, at the time of its organization each year, choose one of its members as President pro tem, who shall preside at meetings of Council in the absence of the President of Council.
- Absence. When the Mayor is absent from the Municipality, or for any reason is unable to perform his or her duties as Mayor, the President pro tem of Council shall become the acting Mayor and while so acting shall have all of the powers and duties of the Mayor, but he or she shall continue to be President pro tem of Council.
- Vacancy. If the office of Mayor becomes vacant, the President pro tem of Council shall forthwith become Mayor for the unexpired term. Thereupon, the vacancy in Council shall first be filled in the manner provided in Section 6 of Article III, and then a new President pro tem shall be chosen by Council.
If the President pro tem of Council declines to serve as Mayor, Council shall then appoint by majority vote one of its members as Mayor for the unexpired term. If a Mayor-elect fails to qualify for office, a vacancy shall be deemed to exist and the President pro tem of Council elected at the organization meeting following such regular Municipal election shall become Mayor for that term as provided above.
SECTION 5 DUTIES AND POWERS.
- Executive Powers. The Mayor shall be the chief executive officer of the Municipality. He or she shall:
- Supervise the administration of the Municipality's affairs;
- Appoint such committees (including committees of Council) and their chairperson as he or she deems necessary, subject to confirmation by a majority vote of the members of Council, and exercise control over all committees and departments of the Municipality, except Council and committees thereof;
- Be the chief conservator of the peace within the Municipality and cause all laws and ordinances to be enforced therein;
- See that all terms and conditions imposed in favor of the Municipality or its inhabitants in any franchise or contract to which the Municipality is a party are faithfully kept and performed;
- Recommend to Council such measures as he or she deems necessary or appropriate for the welfare of the Municipality and keep Council advised of the condition and future of the Municipality;
- Act as the official and ceremonial head of the Municipal government;
- Execute on behalf of the Municipality, together with the Clerk or Treasurer, all contracts, conveyances, evidences of indebtedness and all other instruments to which the Municipality is a party;
- Have custody of the seal of the Municipality and have the authority to affix it to all of the aforesaid documents, but the absence of the seal shall not affect the validity of any such instrument; and
- Perform such other duties as are conferred or required by this Charter, or by any ordinance or resolution of the Council, or by the general laws of the State of Ohio not inconsistent therewith.
- Powers Re Personnel. The Mayor shall have the power to appoint and promote, subject to such confirmation as may be required by this Charter or by ordinance of Council, any officer or employee of the Municipality, except those required by this Charter to be elected. He or she shall have the power to discipline, suspend, transfer, reduce in rank or discharge from employment any such officer or employee in the following manner:
- With respect to the Chief of Police and all other police officers and members of the Police Department, the Mayor shall have the power to discipline, suspend for a period not to exceed sixty days during any calendar year, transfer or reduce in rank any such person. However, if such person so requests in writing within ten days thereafter, such reduction in rank shall take effect only after being confirmed by five members of Council at the meeting of Council next following the expiration of such ten-day period, which meeting may be attended by such officer.
Neither the Chief of Police nor any police officer or other member of the Police Department, who has received his or her final appointment, shall be suspended for a period in excess of sixty days during any calendar year or discharged from employment in the Police Department, except for the causes and under the procedures provided by the general laws of the State of Ohio with respect to his or her removal.
- With respect to all other nonelected officers and employees of the Municipality, the Mayor shall have the power to discipline, suspend, transfer, reduce in rank, or discharge from employment any such officer or employee. However, if such officer or employee so requests in writing within ten days thereafter, his or her discharge from employment shall take effect only after being confirmed by five members of Council at the meeting of Council next following the expiration of such ten-day period, which meeting may be attended by such officer or employee.
- Except as otherwise provided in subparagraph (1), all actions taken pursuant to the foregoing subparagraphs (1) and (2) shall be final and conclusive, and no reason, notice, written charge or public hearing shall be required.
- At such time as Council shall by ordinance provide for a Civil Service Commission and a civil service system pursuant to Article VII of this Charter, the foregoing powers shall be exercised solely in accordance with the rules and regulations of said Commission.
- Judicial Powers. The Mayor shall have all the judicial powers granted from time to time by the general laws of the State of Ohio to mayors of municipalities of the class of this Municipality.
- Legislative Powers. The Mayor shall have the right to recommend and introduce legislation and to take part in the discussion of all matters coming before Council, but shall have no vote therein except in case of a tie. Every ordinance or resolution adopted by Council shall be signed by the President of Council or other presiding officer and attested by the Clerk.
- Veto Powers. Every ordinance or resolution adopted by Council shall be presented promptly to the Mayor. If the Mayor approves such ordinance or resolution, he or she shall sign it indicating his or her approval and return it to the Clerk within ten days after its adoption by Council. If he or she does not approve it, he or she shall return it to the Clerk within said ten days with his or her written objections, which shall be entered in full upon the journal of Council. If the Mayor does not sign or so return an ordinance or resolution within said ten-day period, it shall take effect in the same manner as if he or she had signed it. The Mayor may approve or veto the whole or any item of an ordinance or resolution appropriating money; but otherwise, his or her approval or veto shall be addressed to the entire ordinance or resolution. When the Mayor has vetoed an ordinance or resolution, or a part or item thereof as herein provided, the Council shall, not later than its next regular meeting, proceed to reconsider it, and if, upon reconsideration, the ordinance or resolution or part or item thereof vetoed by the Mayor be approved by the affirmative vote of at least five members of Council, it shall then take effect without the signature of the Mayor, in the same manner as if he or she had signed it. In all such cases, the votes shall be taken by roll call and entered upon the journal of Council.
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