ARTICLE VII
ADMINISTRATIVE OFFICES, DEPARTMENTS,
BOARDS AND COMMISSIONS
SECTION 1 GENERAL PROVISIONS.
Initially, the Municipality shall have a Department of Public Service, a Police Department, a Fire Department, a Law Department, a Park Commission, an Architectural Board, a Planning and Zoning Commission, and a Board of Zoning Appeals. The Council shall provide by ordinance for the organization and duties thereof not provided for by this Charter.
The Council may establish by ordinance new administrative offices, departments, boards and commissions or divisions thereof and, with the exception of the offices, departments, boards and commissions established by this Charter, may combine or abolish such offices, departments, boards and commissions or divisions thereof, as it may deem to be necessary or desirable. The Council may authorize one person to be the head of two or more departments, boards, commissions or divisions thereof.
SECTION 2 DEPARTMENT OF PUBLIC SERVICE.
The Service Director shall be appointed by the Mayor, subject to confirmation by a majority vote of the members of Council. He or she shall be the head of the Department of Public Service and shall:
- Be responsible for the construction, improvement, repair and maintenance of all public roads, streets and alleys, public buildings, drains, ditches, storm sewer facilities, parks, playgrounds, and public places.
- Make investigations and recommendations to the Mayor and Council concerning bids for public contracts.
- Supervise the lighting, sprinkling, cleaning, plowing, spreading of traction material, and other winter care of public streets and places.
- Have such other powers and duties as may be prescribed by ordinance of Council.
SECTION 3 POLICE DEPARTMENT.
The Chief of Police and such police officers and members of the Police Department as may be provided for by ordinances of Council, shall be appointed by the Mayor, subject to confirmation by a majority vote of the members of Council. They shall perform such duties as may be assigned to them from time to time by the Mayor, ordinances of Council and the general laws of the State of Ohio.
SECTION 4 FIRE DEPARTMENT.
The Fire Chief shall be a full-time employee of the Municipality. The Chief and the other officers and members of the Department, whether they be volunteer, part or full-time employees, shall be appointed by the Mayor, subject to confirmation by a majority vote of the members of Council. The Chief and full-time officers of the Fire Department shall be subject to discipline, suspension, transfer, reduction in rank and discharge from employment in the Department, in the same manner and to the same extent as are the Chief and officers of the Police Department, pursuant to paragraph (b), Section 5 of Article IV of this Charter. The officers and members of the Department shall perform such duties as may be assigned to them from time to time by the Mayor, ordinances of Council and the general laws of the State of Ohio not inconsistent therewith.
SECTION 5 LAW DEPARTMENT.
The Law Director shall be the head of the Law Department. He or she shall be provided with such assistants and special counsel as the Council may from time to time deem to be necessary or desirable. The Law Director and any such assistants or special counsel shall be appointed and may be removed at any time by the Mayor, subject to the confirmation by a majority vote of the members of Council. The Law Director shall be an attorney at law in good standing, admitted to the practice of law in the State of Ohio, but need not be a resident of the Municipality. He or she shall be the chief legal advisor and attorney for the Municipality and its officers, departments, boards and commissions in their official capacities and shall perform such other duties, consistent with his or her office, as may be assigned to him or her from time to time by the Mayor and Council.
SECTION 6 PARK COMMISSION.
The Council shall provide by ordinance for a Park Commission. Members of Council and elected or appointed officials of the Municipality shall not be disqualified from serving as members thereof. The Park Commission shall develop, maintain and control the Village Park System under such policies, rules and regulations as it may adopt or as may be prescribed from time to time by ordinances of Council.
SECTION 7 ARCHITECTURAL BOARD.
The Council shall provide by ordinance for an Architectural Board. Members of Council and elected or appointed officials of the Municipality shall not be disqualified from serving as members thereof. The Board shall have such powers and duties as may be prescribed from time to time by ordinances of Council.
SECTION 8 PLANNING AND ZONING COMMISSION.
There is hereby created a Planning and Zoning Commission which shall consist of two members of Council selected by the Council annually and five electors of the municipality, not holding other Municipal office or appointment, to be appointed for terms of four years by the Mayor, subject to confirmation by a majority vote of the members of Council.
The new elector-member shall be appointed to a term of four years beginning January 1, 1982. The term of office of the present members of the Planning and Zoning Commission shall continue unchanged.
The Mayor shall designate the Chairperson of the Commission, subject to confirmation by a majority vote of the members of Council. The Commission shall appoint a Secretary to the Commission, who need not be a member of the Commission and who may hold other Municipal office or appointment. The Commission may appoint such other officers as it shall deem necessary, shall make its own rules and regulations and shall keep a journal of its proceedings. The officers of the Commission shall be appointed or reappointed at or prior to its first meeting each year. The Commission shall meet upon call of the Chairperson or any two members. A majority of the members of the Commission shall constitute a quorum for the transaction of business and the affirmative vote of four members of the Commission shall be necessary for any official action. Members of the Commission shall serve without compensation unless otherwise provided by ordinance of Council. The Commission shall have such other powers and duties as may be prescribed by ordinances of Council, or the general laws of the State of Ohio not inconsistent therewith.
(Amended Nov. 3, 1981.)
SECTION 9 BOARD OF ZONING APPEALS.
The Council shall provide by ordinance for a Board of Zoning Appeals to hear appeals for exceptions to, and variances in, the application of resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning and building in the Municipality. Such Board shall have such other powers and duties, and shall follow such procedures as may be prescribed by ordinances of Council. The Planning and Zoning Commission may serve as the Board of Zoning Appeals.
SECTION 10 BOARD OF CEMETERY TRUSTEES.
The Council may provide by ordinance for a Board of Cemetery Trustees. Members of Council and elected or appointed officials of the Municipality shall not be disqualified from serving as members thereof. The Board shall have such powers and duties as may be prescribed from time to time by ordinances of Council.
SECTION 11 CIVIL SERVICE COMMISSION.
At such time as the Municipality shall become a City, Council shall, and prior to that time may, by ordinance provide for and establish a Civil Service Commission and a civil service system. The Commission shall consist of three electors of the Municipality, not holding other Municipal office or employment, to be appointed by the Mayor, subject to confirmation by a majority vote of the members of Council, for terms of six years each, except that the original members of the Commission shall be appointed for terms expiring on the last day of December of the second, fourth and sixth years after their appointment. The Mayor may at any time suspend any member of the Commission for inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office, incapacity or incompetency, provided, however, that such suspension shall become final only after being confirmed by the affirmative vote of five members of Council. A vacancy occurring during the term of any member of the Civil Service Commission shall be filled for the unexpired term in the manner authorized for an original appointment. The Mayor shall designate the Chairperson of the Commission, subject to confirmation by a majority vote of the members of Council. The Commission shall appoint a Secretary who need not be a member of the Commission and may hold other Municipal office or appointment.
The Council shall determine which employees of the Municipality shall be within the classified service and which shall be within the unclassified service. Council shall also determine whether the Chief of Police and Fire Chief shall be within the classified or the unclassified service, provided that regular full-time members of the Police and Fire Departments (other than the Chief of Police and Fire Chief) shall be in the classified service and all persons, other than those serving a probationary period of employment, who have been continuously employed on a full-time basis in the service of the Municipality in the same or a similar position in the classified service for at least six months prior to the date such position is placed in the classified service, shall be retained in the same or a similar position without examination until discharged from employment, reduced in rank, disciplined, promoted or transferred, in accordance with the rules and regulations of the Commission.
The Commission shall provide by rule for the ascertainment of merit and fitness as the basis for appointment and promotion in the classified service, in the manner provided by the Constitution of the State of Ohio, and for appeals from the action of the Mayor in any case of transfer, reduction in rank or discharge from employment in the classified service, except as otherwise provided in this Charter, and the action of the Commission on any such appeal shall be final, except as provided by law. The Commission shall keep a record of its proceedings and examinations, which shall be open to public inspection at all reasonable times.
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