Charter of The Village of Groveport
Adopted November 6, 1990 ·
Effective January 1, 1991
Amended May 4, 1999 · Amended November 7, 2000
PREAMBLE
In order that
we may have the benefits of municipal home rule and exercise all
of the powers of local self-government conferred under the
Constitution and Statutes of the State of Ohio, We, the citizens
of the Municipality of Groveport, Ohio, do hereby adopt this
Charter for our municipality.
The municipal
corporation existing as the Village of Groveport under the
general statutes of the State of Ohio shall continue to be a
body politic and corporate under the same name under this
Charter. The Municipality shall have the same boundaries that
exist on the effective date of this Charter, with power and
authority to change its boundaries and annex territory in the
manner authorized by the laws of Ohio. When the Village of
Groveport shall attain city status under the laws of Ohio, it
shall be known as the “City of Groveport.” As used in this
Charter, “Municipality” shall mean either the Village or City of
Groveport, as appropriate.
1.02
Form of Government
The municipal
government provided for by this Charter shall be known as the
“Mayor, Administrator, Council Plan.”
The
Municipality shall have all the powers that may now or hereafter
lawfully be possessed or exercised by municipal corporations
under the Constitution and laws of Ohio. Title to all real
property shall be taken in the name of the municipality.
All powers
shall be exercised in the manner prescribed in this Charter, or
if not so prescribed, in the manner provided by ordinance or
resolution of Council. When not prescribed in this Charter or
by ordinance or resolution, then the powers shall be exercised
in the manner provided by the laws of Ohio until Council
provides a different manner of exercising the powers.
The powers of
the Municipality under this Charter shall be construed liberally
in favor of the municipality, and the specific mention of
particular powers in the Charter shall not be construed as
limiting in any way the general powers stated in this Article.
(A)
In carrying out any
lawful function or power of the municipality, the Council may,
by a majority vote of its members, authorize the execution of
contracts or in any other manner provide for cooperation or
joint action, between the municipality and:
(1)
Political
Subdivisions, special districts, instrumentalities, or other
units of government of the State of Ohio or other states.
(2)
The State of Ohio, its
officers, departments, divisions, instrumentalities or other
units or agencies.
(3)
Other states, their officers,
departments, divisions, instrumentalities, or other units or
agencies.
(4)
The federal government, its
officers, departments, divisions, instrumentalities or other
units or agencies.
(5)
Councils of governments or
other instrumentalities consisting of other political
subdivisions, special districts, instrumentalities or other
governmental units or agencies allowed under the laws of Ohio,
other states or the federal government.
(6)
Persons, corporations whether
for profit or non-profit, firms and other entities; unless such
contracts, cooperation or joint actions are prohibited by the
Constitution of the State of Ohio.
(B) The
powers granted by this section shall be liberally construed to
authorize intergovernmental cooperation, but shall not authorize
the avoidance of the provisions of this Charter concerning
taxation or initiative or referendum.
(A)
All legislative power of the
Municipality 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:
(1)
The power to levy taxes and
assessments and incur debts subject to the limitations imposed
thereon by this Charter.
(2)
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.
(3)
The power to provide for the
exercise of all powers of local self-government and utility
powers granted to the Municipality by the Constitution of the
State of Ohio in a manner not inconsistent with this Charter or
the Constitution of the State of Ohio.
(4)
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 Municipality 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.
(5)
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
Municipality. The premium for said bonds shall be paid by the
Municipality.
(6)
The power to establish, by
ordinance or resolution, the rates or charges made of consumers
of all municipal utilities and services.
(7)
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.
(8)
The power to provide for an
independent audit of the accounts and records of the
Municipality, which may be in addition to audits by state
offices and agencies as may be required under the general laws
of Ohio.
(9)
To exercise all other powers
granted to the Council by this Charter and by the Constitution
and laws of the State of Ohio.
(A)
The Council shall be composed
of six members. The members of the Council under the general
statutory plan of government for the Village of Groveport at the
time this Charter becomes effective are hereby designated as
members of Council under this Charter. At the regular municipal
election to be held in November of 1991 and each four years
thereafter, two persons shall be elected from the Municipality
at large to serve terms of four years each. At the regular
municipal election to be held in November of 1993 and each four
years thereafter, four persons shall be elected from the
Municipality at large to serve terms of four years each. The
terms of Council members shall commence as of January 1 of the
year immediately following their election.
(B)
Members of the Council shall be
residents and electors of the Municipality at the time they file
for office and during their term of office. Members of the
Council shall not hold any other public office during a term,
except they may hold office in a political party or be a
delegate to a political party convention, serve as a notary
public, serve as a member or officer in the military reserve or
national guard, serve in any office, position or capacity to
further intergovernmental cooperation, and may hold any office
permitted by this Charter or the laws of Ohio.
The Mayor
shall serve as President of the Council. The Mayor may
introduce ordinances and resolutions and discuss any matter
before the Council, but the Mayor shall not vote on matters
before the Council, except the Mayor may vote on any and all
matters where there is a tie vote among the members of the
Council. The Mayor shall not be considered a member of the
Council.
(A)
The Council shall elect one of
its members as the President Pro Tem of the Council, to serve at
the pleasure of the Council. The President Pro Tem may be
removed, without cause, from his office of President Pro Tem at
any time by a vote of a majority of the other members of the
Council voting on the issue, however, at least three votes for
removal (including the vote of the Mayor in the case of a tie
vote) must be cast to removed the President Pro Tem.
(B)
The President Pro Tem shall
become the Acting Mayor and shall perform the legislative,
judicial and administrative duties of the Mayor in the event of
the absence or disability of the Mayor and during the period of
any unfilled vacancy in the office of Mayor. The President Pro
Tem, when serving as the Acting Mayor, shall continue to hold
the office of member of Council and shall vote on any matter
before the Council, unless otherwise provided in this Charter.
(A)
The person holding the office
of Clerk-Treasurer under the general statutory plan of
government for the Village of Groveport on the effective date of
this Charter shall continue in office and shall perform the
statutory powers and duties of that office which do not conflict
with the provisions of this Charter. At the end of the term of
the Clerk-Treasurer, or at an earlier date, if such office shall
become vacant, the office of Clerk-Treasurer shall be abolished
and cease to exist.
(B)
Upon the abolishment and
termination of the statutory office of Clerk-Treasurer, the
Clerk of Council shall be appointed by a majority vote of the
members of Council, shall serve at the pleasure of the Council
and may be removed, without cause, by a majority vote of the
Council.
(C)
The Clerk of Council may hold
other office or position of employment in the Municipality. 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. 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. The Clerk of Council shall give notice
of regular and special meetings of the Council to its members,
the Mayor and to the public as may be provided by this Charter,
the Rules of Council or by ordinance or resolution. The Clerk
of Council shall be subject to the control of the officers of
the Council and the general supervision of the Mayor and the
Administrator. 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.
(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.
(B)
Special meetings of the Council
may be called, for any purpose, by the Mayor or any three
members of Council upon at least twelve hours notice to the
Mayor and each member of the Council, which notice may be served
personally or left at the usual place of residence. 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. Members of the
Council and the Mayor may waive receipt of notice of a special
meeting either prior or subsequent to the 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,
but not of the committees of the Council, and of other Boards
and Commissions of the Municipality shall be held in accordance
with the general laws of Ohio pertaining to requirements for
open meetings of public bodies, except that action taken at a
properly convened meeting of the Council or such Boards and
Commissions which is held in conformity the open meeting law
shall not be invalidated because of improper prior
deliberations.
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. Council shall adopt, by 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 the members of Council. The
Rules shall go into immediate effect unless a later date is
specified, and shall not be subject to initiative or
referendum. 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.
The salaries
of all elected officials of the Municipality shall be
established by Council by ordinance or resolution to be adopted
no later than July 1 of each odd numbered year commencing in the
year 1991. The salaries so established shall be effective for a
two-year period beginning January 1 of the year immediately
following the adoption of the ordinance or resolution
establishing them and shall apply to all elected officials
whether they are beginning their terms or are in mid-term. In
the event Council shall fail to establish salaries as required
in this Section, the salaries in effect for the prior two-year
period shall remain in effect until changed in accordance with
this Section. The initial salary of elected officials under
this Charter shall be that salary established for each office
and in effect on the effective date of this Charter, and if none
have been established, the Council first serving under this
Charter shall establish such salaries within ninety days.
A vacancy in
the membership of the Council shall be filled by a majority vote
of the members of the Council within thirty days after the
vacancy occurs. After the thirty-day period, the power of the
Council to fill the vacancy shall lapse and the Mayor shall fill
the vacancy by appointment.
(A)
All expenditures by the
Municipality shall be approved by the Council by one of the
following methods:
(1)
The appropriation of money for
a general purpose which includes or is reasonably germane to the
purpose of the expenditure.
(2)
The specific approval by
ordinance or resolution of a specific expenditure, category of
expenditure or series of expenditures.
(3)
The ratification or
confirmation of expenditures authorized or made without the
prior approval of the Council.
Action of
Council shall be by ordinance, resolution or motion. Motion
shall be used to conduct the business of Council, in procedural
matters, for elections conducted among and appointments made by
Council members and as otherwise provided in this Charter. All
other action shall be taken by ordinance or resolution.
Wherever possible, copies of proposed ordinances and resolutions
should be provided to members of the Council in advance of the
meeting at which the measure is to be introduced. No action of
Council shall be invalidated merely because the form thereof or
prior availability of an ordinance or resolution fails to comply
with the provisions of this Section.
A Member of
Council or the Mayor may introduce an ordinance or resolution,
at a regular or special meeting, which shall be in written or
printed form and shall contain a concise title.
(A)
The form and style of
ordinances and resolutions shall be determined by the Rules of
Council.
(B)
Each ordinance or resolution
shall contain only one subject, which shall be expressed in its
title; provided that appropriation ordinances may contain the
various subjects, accounts and amounts for which monies are
appropriated, and that ordinances and resolutions which are
codified or recodified are not subject to the limitation of
containing one subject.
Each ordinance
and resolution shall be read on three separate days, unless this
requirement is dispensed with by a vote of at least five of the
members of the Council. Readings shall be by title only, unless
the Council requires a reading to be in full by a majority vote
of its members.
The vote on
the question of passage of each ordinance, resolution and motion
shall be taken by roll call of members to be entered on the
Journal, or other record of proceedings of the Council, and none
shall be passed without concurrence of a majority of the members
of Council. Each emergency ordinance or resolution shall
require the affirmative vote of at least three-fourths of the
members of Council for its enactment. If an emergency ordinance
or resolution shall fail to receive the required three-fourths
affirmative vote, but receives the necessary majority for
passage as non-emergency legislation, it shall become effective
as non-emergency legislation. (Amended May 4, 1999)
(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 statement of the
necessity for the emergency. Council shall declare an ordinance
to be an emergency measure only in the event of a demonstrated
threat to the public peace, health, safety or welfare of the
Village or its residents.
(Amended: May 4, 1999)
(B)
No ordinance or
resolution regulating the rates for services of privately owned
or investor owned public utilities and no ordinance or
resolution, other than one pertaining to the issuance of debt
obligations by the Municipality, which approves, grants, renews
or extends a franchise or other special privileges, shall be
passed as an emergency measure. If such ordinance or resolution
shall be passed on an emergency basis, it shall be subject to
referendum and shall not take effect for thirty days after its
passage; however, it shall not be invalidated because of its
passage as an emergency measure.
(A)
The following ordinances or
resolutions shall take effect upon passage unless a later time
is specified therein:
(1)
Appropriation of money.
(2)
An annual tax levy for current
expenses.
(3)
Improvements petitioned for by
owners of the requisite majority of the front footage or of the
area of the properly benefited and to be assessed.
(4)
Submission of any question to
the electorate or the determination to proceed with an
election.
(5)
Approval of a revision,
codification, recodification, or rearrangement of ordinances.
(6)
Any emergency ordinance or
resolution.
(B)
All other ordinances and
resolutions shall go into effect thirty days after their passage
by the Council.
Each ordinance
and resolution shall be authenticated by the signature of a
presiding officer of the Council and the Clerk of Council. The
failure or refusal to sign shall not invalidate an otherwise
properly enacted ordinance or resolution.
Each ordinance
and resolution shall be recorded in a book or other record
prescribed by Council. 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.
(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
present and voting on the amendment, and such amendment shall
not require additional readings of the ordinance or resolution.
(B)
Any enacted ordinance or
resolution, or the codified ordinances or resolutions of the
Municipality, may be amended by the passage of subsequent
ordinances or resolutions that: revise existing sections or
parts thereof; enact new or supplemental sections or parts
thereto; or repeal existing sections or parts thereof. This
Division does not prevent repeals by implication.
(A)
Ordinances or resolutions
establishing, amending, revising, changing or repealing zoning
classifications, districts, uses or regulations shall be
introduced by a member of Council or the Mayor. Immediately
after the first reading or the ordinance or resolution, the
presiding officer of Council shall refer the ordinance or
resolution to the Planning and Zoning Commission for its
recommendation back to the Council concerning the merits of the
measure. Within twenty days after receipt of the ordinance or
resolution, the Planning and Zoning Commission shall return to
the Council written recommendations approved by a majority of
the Commission’s members. The ordinance or resolution shall be
given its second reading at the next regular meeting of Council
which occurs at least ten days subsequent to the receipt of the
Recommendations of the Planning and Zoning Commission. A public
hearing shall be held in connection with the second reading or
at a later date, as determined by the Council.
(B)
The Clerk of Council shall
cause a notice of the public hearing to be published one time in
a newspaper of general circulation within the Municipality, said
publication to be made at least seven days prior to the date of
the public hearing. When the amendment, revision, change or
repeal involves ten or less parcels of land as listed on the tax
duplicate, written notice of the hearing shall be mailed by the
Clerk of Council by certified mail at least seven days before
the date of the public hearing to the owners of the property
within, contiguous to and directly across the street from the
affected parcel or parcels. Such notices shall be sent to the
addresses or owners appearing on the County Auditor’s current
tax list and to other lists as may be required by Council. The
failure of delivery of the notice shall not invalidate any
ordinance or resolution.
(C)
A vote of at least five members
of the Council shall be necessary to pass any zoning ordinance
or resolution which differs from the written recommendations of
the Planning and Zoning Commission, but in no event shall an
ordinance or resolution be considered as having passed unless it
receives at least a majority vote of the members of Council.
(A)
Council may, by ordinance or
resolution, adopt standard ordinances and codes prepared by the
State or any department, board or other agency or subdivision of
the State, or any standard or model ordinance or code prepared
and promulgated by a public or private organization, including
but not limited to codes and regulations pertaining to fire,
fire hazards, fire prevention, plumbing, heating, electrical,
ventilation, air conditioning, refrigeration machinery, pressure
piping, piping, boilers, buildings standards, housing standards,
and such other matters as the Council may determine to be
appropriate for adoption by reference, by incorporation by
reference.
(B)
The ordinance or resolution
adopting any such standard ordinance or code shall make
reference to the date and source of such standard ordinance or
code without reproducing the same at length in the ordinance.
In such cases, publication of the standard ordinance or code
shall not be required, but at least one copy of such code shall
be kept at all times in the office of the Clerk of Council and
available for reference by interested persons. If the standard
ordinance or code is amended after its adoption by reference by
the Council, the Council may adopt the amendment or change by
incorporation by reference under the same procedure as is
established herein for the adoption of the original standard
ordinance or code.
By a majority
vote of the members of Council, the Council may cause the
ordinances and resolutions of the Municipality to be revised,
codified, recodified, rearranged, or published in book form, and
such action shall become effective immediately upon approval
thereof by a majority vote of the members of Council, and may
contain new matter therein. The Clerk of Council shall cause a
notice of such proposed action by the Council to be published
one time in a newspaper of circulation in the Municipality at
least seven days prior to Council’s action, and no further
publication shall be necessary. A current service supplementing
the Municipality’s codified ordinances and resolutions shall be
maintained in the manner prescribed by the Council.
(A)
Ordinances and resolutions
shall be published by posting a concise summary of each
ordinance or resolution passed in not less than three public
places in the municipal corporation for a period of ten days.
The public places for such posting shall be determined by the
Council. The Council may, by ordinance or resolution, require
that ordinances and resolutions be published by other means in
addition to or in lieu of the postings as required by this
Division.
(B)
The Clerk of Council shall make
and retain a certificate as to the times and places where such
postings are done and other means, if any, by which an ordinance
or resolution is published; and that certificate shall be
prima-facie evidence that the copies were posted and otherwise
published as required by Division (A) of this Section. Failure
to make or retain the certificate required by this Division
shall not invalidate any ordinance or resolution.
(C)
Failure to publish by posting
or to maintain such posting, or to otherwise publish as required
by Division (A) of this Section, shall not invalidate an
ordinance or resolution, and in such events, the Clerk of
Council may authorize publication by posting, and publication by
such other means that have been required pursuant to Division
(A) of this Section, at a later date.
The person
holding the office of Mayor under the general statutory plan of
government for the Village of Groveport on the effective date of
this Charter is hereby designated as the Mayor under this
Charter. The Mayor shall be elected from the City at large to a
four-year term of office, commencing with the regular municipal
election to be held in November 1991. The Mayor’s term shall
commence on the first day of January next following his or her
election.
(A)
Candidates for the office of
Mayor shall be electors and residents of the Municipality at the
time he or she files for office and during his or her term of
office.
(B)
The Mayor need not be a
full-time official of the Municipality and he or she may hold
other employment.
(C)
The Mayor shall not hold any
other public office during a term, except the Mayor may hold
office in a political party or be a delegate to a political
party convention, serve as a notary public, serve as a member or
officer in the military reserve or national guard, serve in any
office, position or capacity to further intergovernmental
cooperation, and may hold any office permitted by this Charter
or the laws of Ohio.
(A)
The Mayor shall be the chief
executive and law enforcement officer of the Municipality, and
shall be responsible for and have the authority together with
the Administrator to administer and generally control, direct
and supervise all administrative departments, divisions and
sub-units thereof. The Mayor shall enforce the provisions of
this Charter and the ordinances and resolutions of the
Municipality pertaining to matters subject to the Mayor’s
direction, control and supervision.
(B)
In addition to the matters set
forth in Division (A) of this Section, the Mayor shall have the
following powers, duties and functions:
(1)
The right and duty to preside
at and attend all meetings of the Council, to introduce
ordinances and resolutions and to participate in the discussions
on any matters before the Council, but the Mayor shall not be
entitled to vote on any matter before the Council, except in the
case of a tie among the members of Council.
(2)
To appoint, promote, remove,
suspend or otherwise discipline members of the Police
Department, subject to the provisions of this Charter relating
to village tenure and the Municipality’s merit system.
(3)
To prepare and submit to the
Council on or before the first day of March of each year, and to
make available to the general public, a complete report of the
administrative activities and programs of the Municipality which
are under his general direction, control and supervision for the
prior year.
(4)
To make such other reports as
the Council may require concerning the operation and programs of
the administrative departments, divisions or sub-units thereof,
and any Boards of Commissions of the Municipality which are
under the Mayor’s general direction, control and supervision.
(5)
To keep the Council fully
advised concerning the present condition and future needs of the
Municipality and to make any recommendations to the Council
concerning the affairs of the Municipality as the Mayor deems
desirable.
(6)
To enforce or cause the
Administrator to enforce 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, and to see that
they are faithfully kept and performed.
(7)
The Mayor shall be recognized
as the head of the Municipality government by the President and
other officers of the United States and the Governor and other
officers of the State of Ohio for military purposes.
(8)
To exercise all judicial powers
and functions granted to Mayors of municipal corporations by the
laws of Ohio and applicable court rules.
(9)
To affix to all official
documents and instruments of the Municipality the Mayor’s seal,
which shall be the seal of the Municipality, but the absence of
the seal shall not affect the validity of any document or
instrument.
(10)
To perform such other powers,
duties and functions as provided under this Charter, the
Municipality’s ordinances and resolutions, and the laws of Ohio,
to the extent that such laws are consistent with this Charter
and the Municipality’s ordinances and resolutions.
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 ProTem
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 the Mayor or the person elected by the Council shall
serve for the remainder of the unexpired term.
(A)
The Mayor shall appoint and the
Council shall confirm by a majority vote of its members a
qualified person to serve as Administrator of the Municipality.
The Administrator shall serve at the pleasure of the Mayor and
the Council. He or she may be removed, without cause, by (i)
the Mayor upon the approval of the Council by a majority vote of
its members, or (ii) a vote of at least five members of the
Council without the consent of the Mayor.
(B)
The Council shall establish the
compensation of the Administrator from time to time; including
the granting of termination pay, if the Council determines it to
be appropriate in its discretion.
(C)
The person appointed as
Administrator need not be a resident of the Municipality at the
time of appointment, but shall become a resident within six
months of appointment. Upon a majority vote of Council, this
six month requirement may be extended twice. Each extension by
Council shall be for a period of three months. The total time
allowed for the Village Administrator to become a resident shall
not exceed one year from appointment. (Amended: May 4, 1999;
November 7, 2000)
(D)
The person appointed as
Administrator shall be qualified by training and/or experience
in the public or private sector. He or she shall not hold any
elective public office or other public or private employment
unless the other public or private employment is approved by a
majority vote of the Council. He or she shall not serve as the
Law Director or Chief of Police.
(A)
Except for the Departments of
Law and Police, the Administrator shall be the Municipality’s
chief administrative officer. He or she shall be under the
direction and control of the Council with respect to matters
within the control of Council. The administrator shall be
under the direction and supervision of the Mayor with respect to
administrative matters. He or she shall assist the Mayor with
respect to the Mayor’s administration of the Police Department.
(B)
In addition to the provisions
of Division (A) of this Section, the Administrator shall have
the following powers and shall perform the following duties:
(1)
Appoint, promote and, when he
or she deems it necessary for the good of the service, suspend
or remove or otherwise discipline all municipal employees and
appointive administrative officers, except those within the
Departments of Police and Law, the Mayor’s office and the
Council and as otherwise provided for by or under this Charter,
subject to the provisions of this Charter pertaining to the
Municipality’s merit system or village tenure statutes.
(2)
Direct and supervise the
administration of all departments, offices and agencies of the
Municipality, except as otherwise provided by this Charter.
(3)
Attend all Council meetings and
shall have the right to take part in discussions but may not
vote.
(4)
See that all laws, provisions
of this Charter and ordinances and resolutions of the Council,
subject to enforcement by the Mayor, the Administrator or by
officers subject to their direction and supervision, are
faithfully executed.
(5)
Prepare and submit the annual
budget, appropriation measure and capital program to the
Council.
(6)
Submit to Council and make
available to the public a complete report on the finances and
administrative activities of the Municipality as of the end of
each fiscal year.
(7)
Make such other reports as the
Council or Mayor may require concerning the operations of
municipal departments, offices, boards, commissions and agencies
subject to his or her direction and supervision.
(8)
Keep the Council fully advised
as to the financial condition and future operating and capital
needs of the Municipality and make such recommendations to the
Council concerning the affairs of the Municipality as he or she
deems desirable.
(9)
Require reports and information
of subordinate officers and employees of the Municipality as he
or she deems necessary in the orderly operation of the
Municipality, or when requested to do so by the Council, the
Mayor or any board of commission of the Municipality.
(10)
Execute on behalf of the
Municipality all contracts and agreements, except as otherwise
provided in this Charter.
(11)
Perform such other powers,
duties and functions as are conferred or required by this
Charter, by any ordinance or resolution of the Council, or by
the laws of the State of Ohio.
(A)
The Mayor may designate, by
letter filed with the Clerk of Council, any qualified
administrative officer of the Municipality to perform the
Administrator’s powers, duties and functions during his or her
temporary absence from the Municipality or during his or her
disability. The Acting Administrator so designated shall
exercise all powers, duties and functions of the Administrator
during the temporary absence from the Municipality or disability
of the Administrator.
(B)
In the event of a vacancy in
the office of Administrator, the Mayor may designate a person as
Acting Administrator, who shall exercise all power, duties and
functions of the Administrator until an Administrator is
appointed.
(A)
The person holding the office
of Clerk-Treasurer under the general statutory plan of
government for the Village of Groveport on the effective date of
this Charter shall continue in office until the expiration of
her term of office and shall perform the statutory powers and
duties of that office, which do not conflict with the provisions
of this Charter. At the end of the term of the Clerk-Treasurer,
or at an earlier date if such office shall become vacant, the
office of Clerk-Treasurer shall be abolished and shall cease to
exist. Thereafter the Director of Finance shall be the chief
fiscal officer of the Municipality.
(B)
Upon the abolishment and
termination of the statutory office of Clerk-Treasurer, there is
hereby created the Department of Finance to be headed by a
Director of Finance. The Director of Finance shall be appointed
by the Mayor and confirmed by the Council by a majority vote of
its members. The Director of Finance may be removed from
office, without cause by (i) the Mayor upon Council’s approval,
by a majority vote of its members, of the Mayor’s action to
remove the Director of Finance, or (ii) the Council upon a vote
of at least five members of the Council, without the consent of
the Mayor. The Director of Finance need not be an elector or
resident of the Municipality. He or she shall be qualified by
training or experience in public or private sector financial
management or other related fields, with those qualifications
being determined in the sole discretion of the Mayor and the
Council. The Director of Finance shall hold no other public
office or public or private employment, unless the other public
office or public or private employment shall be allowed by a
majority vote of the members of the Council.
(C)
The Director of Finance shall
be subject to the control and direction of the Administrator and
under the general control and supervision of the Mayor and the
Council. With respect to collection of revenues and the control
over the expenditure of funds by the officers and employees of
the Municipality, the Director of Finance shall be subject to
the control and direction of the Council.
(D)
The Director of Finance shall
be the chief fiscal officer of the Municipality and shall
perform the powers, duties and functions now or hereafter given
to City Auditors and Treasurers under the general laws of Ohio
to the extent those laws are not in conflict with this Charter
or the ordinances and resolutions of the Municipality. The
Director of Finance, in addition to the powers, duties and
functions prescribed by this Charter, shall have other powers,
duties and functions as required by ordinance or resolution, or
as directed by the Administrator. The Director of Finance shall
keep the financial records of the Municipality, establish the
accounting systems, financial records and reports used by the
offices, departments, divisions, bureaus, boards and commissions
of the Municipality; conduct internal audits upon the request of
the Council; assist the Administrator in the preparation and
submission of appropriation measures, estimates, budgets,
capital programs and other financial matters; provide full and
complete information concerning the financial affairs and status
of the Municipality as requested by the Administrator, the Mayor
or Council; and provide full and complete information and
assistance concerning the finances or accounting systems or
records of any office, department, division, bureau, board or
commission of the Municipality as requested by the
Administrator.
(E)
The Director of Finance shall
be responsible for the deposit and investment of the funds of
the Municipality pursuant to the general laws of Ohio, provided
that the Council may, by a vote of a majority of its members,
adopt ordinances and resolutions from time to time to provide
methods and procedures other than pursuant to the general laws
of Ohio for the deposit and investment of the Municipality’s
monies and funds.
(A)
Until the Council shall
determine by ordinance or resolution that a Department of Law
shall be established, the Council may provide for legal counsel
to be provided to the Municipality pursuant to a contract,
executed by the Mayor on behalf of the Municipality, with an
attorney or firm of attorneys licensed to practice law in Ohio.
Except as otherwise provided in this Charter, such legal counsel
shall have the same powers and duties as directors of law for
general statutory plan cities under the general laws of Ohio.
(B)
The Council may establish a
Department of Law by ordinance or resolution. The Department of
Law shall be under the supervision, direction and control of the
Director of Law, who shall be appointed by the Mayor, subject to
approval by motion of the Council by a majority vote of its
members. The Director of Law shall serve at the pleasure of the
Mayor and Council and may be removed, without cause, by (i) the
Mayor upon Council’s approval by a majority vote of its members,
or (ii) by a vote of at least five members of the Council
without the consent of the Mayor.
(C)
The Director of Law need not be
an elector or resident of the Municipality, but shall be an
attorney-at-law duly authorized to practice law in the State of
Ohio. The Director of Law shall not hold any other public
office without the consent of the Council (given by a majority
vote), except he or she may hold office in a political party or
be a delegate to a political party convention, serve as a notary
public, serve as a member or officer in the military reserve or
national guard, serve in any office, position or capacity to
further intergovernmental cooperation, and may hold any office
permitted by this Charter or the laws of Ohio.
(D)
The Director of Law shall be
the legal advisor, prosecuting attorney and counsel for the
Municipality, and subject to the direction of Council, shall
represent the Municipality in all proceedings in Court or before
any administrative board or body. The Director of Law shall
perform all other powers, duties and functions now or hereafter
imposed on directors of law under the laws of Ohio; and shall
perform other duties as required by this Charter, by ordinance
or resolution, or as directed by the Mayor.
(E)
The Council may provide for
assistants and special counsel to the Director of Law. All
assistants shall be appointed by the Director of Law. The
assistants shall be responsible to the Director of Law and when
authorized, may exercise all or any part of the powers, duties
and functions granted to the Director of Law under this
Section. Special counsel may be engaged by the Director of Law
or the Council.
(F)
The Director of Law or other
legal counsel to the Municipality shall not be required to serve
as legal counsel to any school district.
(G)
In the event of a vacancy in
the office of Director of Law, a successor shall be appointed
for the remainder of the unexpired term in the same manner as
provided in Division (B) of this Section in the case of an
original appointment. The Director of Law shall designate, by a
writing filed with the Clerk of Council, a qualified person to
serve as Acting Director of Law in the event of his or her
temporary absence or disability and, in the event of a vacancy,
until the vacancy is filled as provided in this Division. The
Acting Director of Law shall exercise the powers, duties and
functions of the Director of Law under this Charter.
Engineering
and other professional services not otherwise provided for in
this Charter may be provided by way of contract engagements
authorized by the Council and executed on behalf of the
Municipality by the Administrator. The Council may substitute
or supplement services to be provided by municipal personnel
through contracts with other political subdivisions or other
government agencies or by contracts with private persons, firms,
corporations or other entities.
The Police
Department shall be headed by a Chief of Police. The Chief of
Police shall be appointed by the Mayor subject to the approval
of the Council by a vote of a majority of its members. The
Chief of Police shall be directed and controlled by the Mayor.
The Chief of Police shall be subject to discipline or removal
for cause as follows: (i) while the Municipality is a village,
such discipline or removal shall be pursuant to the general laws
of Ohio pertaining to members of police departments of general
statutory plan villages, and (ii) when the Municipality becomes
a city, the Chief of Police shall be in the classified service
and shall be subject to the provisions of Divisions (B) and (C)
of Section 8.01 of this Charter with respect to discipline or
removal but not with respect to appointment to office, which
appointment shall be governed by this Section. The Chief of
Police and other members of the Police Department shall have
such powers and duties as are provided by this Charter, the
ordinances and resolutions of the Municipality, the general laws
of Ohio and the lawful orders of the Mayor. The person
appointed as Chief of Police need not be a resident of the
Municipality, but shall be a resident within a reasonable time,
determined by the Council, after his or her appointment, unless
the Council shall waive the residency requirement by a vote of a
majority of its members.
The
administrative departments, divisions and sub-units thereof
which exist under the village general statutory plan of
government at the time this Charter takes effect, and which are
not otherwise provided for in this Charter, shall continue under
this Charter until revised or terminated by the Council pursuant
to this Section of the Charter. The Council may, by ordinance
or resolution, create, combine, change and abolish other
offices, departments, divisions or sub-units thereof, and
provide for the organization and powers, duties and functions
thereof. The Council shall not abolish any department
specifically created by this Charter.
Except as
otherwise provided in this Charter, in the event of a vacancy or
the temporary absence or disability of the head of any
administrative department or division, the Mayor may appoint an
acting head of the department or division until the vacancy is
filled or the temporary absence or disability is removed.
(A)
While the Municipality has the
status of a village under the general laws of Ohio, the
employees of the village shall be entitled to the tenure
provided, if any, under the laws of Ohio applicable to general
statutory plan villages, unless otherwise provided in this
Charter. When the Municipality achieves city status under the
general laws of Ohio, then Divisions (B) and (C) of this Section
shall apply and the village tenure statutes shall not be
applicable to the Municipality.
(B)
Upon the Municipality achieving
city status under the general laws of Ohio, all appointments and
promotions of employees in the service of the Municipality shall
be made according to merit and fitness, to be ascertained, as
far as practicable, by competitive examination. The Council by
ordinance or resolution shall provide that the Administrator or
his or her appointee is to be the personnel director of the
Municipality. The Council by ordinance or resolution shall
establish and define a classified and unclassified service for
employees of the Municipality and shall adopt a Code of
Personnel Practices and Procedures to implement the mandate of
this Section; provided that appointments to and removal from all
elected and appointed offices, including boards and commissions
created by this Charter or by ordinance or resolution, shall be
made in accordance with the specific applicable provision of
this Charter or the specific applicable ordinance or resolution,
and shall not be subject to this Article unless otherwise
specifically provided in this Charter. The Code of Personnel
Practices shall include provisions for causes and procedures for
the dismissal, suspension and other disciplinary action against
employees in the classified service. Except as otherwise
provided in this Charter, the Administrator shall appoint,
promote, dismiss, suspend and otherwise discipline employees in
the classified and unclassified service of the Municipality.
(C)
Upon the Municipality achieving
city status under the general laws of Ohio, there is hereby
created a Personnel Board of Review consisting of three electors
of the Municipality not holding other office, appointment or
employment with the Municipality, to be appointed by motion
passed by a majority vote of the Council for a term of three
years, except that of the three members of the Board first
appointed, one shall be appointed of a term of one year, one for
a term of two years, and one for a term of three years. The
Personnel Board of Review shall be organized as provided in
Division (C) (1) of this Section and shall have the powers,
duties and functions provided in Division (C) (2) of this
Section.
(1)
The Personnel Board
of Review shall designate one of its members as Chairman and the
Council by ordinance or resolution may authorize the appointment
by said Board of a Clerk who may be a person having other
employment with the Municipality.
(2)
The Personnel Board of Review
shall have the power to hear appeals from administrative
determinations made pursuant to the Code of Personnel Practices
and Procedures, as may be authorized by the Code, and may have
such other powers and duties as may from time to time be given
to it by ordinance or resolution of the Council. The Board
shall keep a record of its proceedings which shall be open to
public inspection and shall conduct its proceedings in
accordance with the ordinances and resolutions of Council
enacted pursuant to this Charter and the rules and regulations
of the Board adopted by it pursuant to authority granted by
ordinances or resolutions of the Council.
(A)
There is hereby created a
Planning and Zoning Commission consisting of five members to be
comprised as follows:
(1)
The Mayor shall be a member of
the Commission.
(2)
A member of the Council
selected by a vote of a majority of the members of the Council
shall be a member of the Commission to serve at the pleasure of
the Council.
(3)
The Mayor shall appoint three
electors to serve on the Commission, subject to the Council’s
approval by a majority vote of the Council. These citizen
members shall not hold other office or employment with the
Municipality. They shall serve for overlapping six year terms
of office, provided that the three members of the Planning
Commission under the statutory plan of government for the
Village of Groveport (other than those members serving because
of their capacity as the Mayor or as a member of Council) are
hereby designated as members of the Planning and Zoning
Commission under this Charter to serve for the remainder of
their terms, and thereafter each citizen member shall be
appointed for a term of six years.
(B)
The powers, duties and
functions of the Planning and Zoning Commission shall be
provided by this Charter and the ordinances and resolutions of
the Municipality; but until such ordinances or resolutions shall
be passed, it shall possess powers, duties and functions as are
provided by the laws of Ohio, to the extent that such laws do
not conflict with the provisions of this Charter.
(A)
There is hereby created a Board
of Zoning Appeals consisting of five citizen members who are
residents and electors of the Municipality to be appointed by
the Mayor subject to approval by the Council by a motion adopted
by a majority vote of its members. Members of the Board shall
serve for overlapping six year terms of office, provided that
the five members of the Board under the general statutory plan
of government for villages who do not hold other office with the
Municipality, are hereby designated as members of the Board
under this Charter to serve for the remainder of their terms,
and thereafter, each member shall be appointed for a term six
years.
(B)
The Board of Zoning Appeals
shall have the power to hear and decide appeals for exceptions
to and variances in, the application of resolutions, ordinances,
regulations and other legislative measures and orders of
administrative officials or agencies governing zoning in the
Municipality, as may be required to afford justice and avoid
unreasonable hardship, subject to such reasonable standards as
shall be prescribed by Council by ordinance or resolution. The
Board shall have such additional powers, duties and functions,
relative to appeals from actions of the Municipality’s
administrative officers or employees concerning public
buildings, streets or other public property or works, as
provided by ordinance or resolution. The Board may make
advisory recommendations to the Council and the Planning and
Zoning Commission concerning zoning matters as it believes to be
in the best interest of the Municipality. The Board shall have
such other powers, duties and functions consistent with this
Charter, as provided by the Municipality’s ordinances and
resolutions.
(A)
During the month of January
2000 and each ten years thereafter, the Council shall appoint,
by a majority vote of its members, a Charter Review Commission
consisting of five members who are electors of the
Municipality. In addition to the mandatory duty imposed upon
the Council by this Section to appoint a Charter Review
Commission during January of 2000 and each ten years thereafter,
the Council may appoint such Commission, with membership as
provided in this Division, at any time, by a majority vote of
its members.
(B)
The Charter Review Commission
shall study and review the provisions of this Charter and the
operations of the Municipality and shall report its
recommendations, if any, for changes or revisions in this
Charter to the Council no later than the first day of August
following the appointment of the Commission, unless a later date
is specified by the Council, by a majority vote of its members.
The Council may submit any amendments to the Charter recommended
by the Commission to the voters in the manner provided by the
Constitution and laws of Ohio. The Council may submit such
amendments in a form different than recommended by the
Commission. The Council shall appropriate funds to the
Commission as determined to be necessary by the Commission to
carry out its powers, duties and functions, including amounts
required to pay any consultants or special legal counsel
selected by the Commission.
Boards and
commissions existing under the general statutory plan of
government for villages when this Charter becomes effective
shall continue until they are revised or abolished. The Council
may create, change and abolish other boards and commissions as
it determines to be necessary, and may provide for their
organization, membership, terms of office of members, powers,
duties and functions by ordinance or resolution.
(A)
Unless otherwise provided in
this Charter, each of the Municipality’s boards and commissions,
whether created by this Charter or by ordinance or resolution,
shall:
(1)
Organize at its first meeting
each year by electing a chairman, vice chairman and secretary.
The chairman and vice chairman shall be members of the board or
commission and the secretary may be elected from within or
without the membership of the board or commission. The Mayor
shall call the organizational meeting prior to the first day of
February by personally serving or leaving a notice at each
member’s usual place of residence, which notice shall state the
time, date and place of the meeting. The secretary shall keep
an accurate and complete record of the proceedings of the board
or commission; and shall file a copy of its proceedings with the
Clerk of Council for public inspection.
(2)
Take action by motion or by
resolution, and a majority vote of the members of the board or
commission shall be necessary to take action. A majority of the
members shall constitute a quorum. All members of boards and
commissions shall be electors of the Municipality.
(3)
Adopt rules for the conduct and
government of the board or commission, however, the rules shall
not conflict with the provisions of this Charter or ordinances
and resolutions of the Municipality.
(B)
Unless otherwise provided in
this Charter, a vacancy during the term of any member of a board
or commission created by this Charter or by ordinance or
resolution shall be filled for the unexpired term, if any, in
the manner authorized for an original appointment; provided that
if such appointing authority shall fail to fill the vacancy
within thirty days, the Council shall fill the vacancy by
appointment for the unexpired term, if any.
The laws of
Ohio relating to budgets, appropriations, taxation, debts,
assessments and other fiscal matters of the Municipality shall
be applicable to the Municipality, except as modified by or
necessarily inconsistent with the provisions of this Charter, or
when provisions therefor is made in the Constitution of Ohio.
(A)
Except as otherwise provided in
this Charter, the Administrator shall be the contracting officer
of the Municipality and shall award and execute all contracts on
behalf of the Municipality.
(B)
When any expenditure
or contract is more than the amount specified by the laws of
Ohio for which work may be accomplished only after advertisement
and bidding, such contract or expenditure shall first be
authorized or directed by an ordinance or resolution passed by
the Council and shall be advertised once a week for at least two
weeks in a newspaper of general circulation in the Municipality,
provided the Council, by an ordinance or resolution adopted by a
majority vote of its members, may authorize, without advertising
and competitive bidding, contracts and expenditures for any
purpose where the statutory or common law of Ohio does not
require competitive bidding.
(C) When it becomes necessary to make
alterations or modifications in connection with any work or
improvements covered by contract, they shall be made only upon
the order of the Administrator. No such order shall be
effective until the price to be paid for the work or material,
or both, under the altered or modified contract, shall have been
agreed upon in writing and signed by the contractor and the
Administrator on behalf of the Municipality. Modifications or
alterations in contracts shall not require advertising and
competitive bidding.
(D) No contract, agreement or other
contractual obligation involving the expenditure of money shall
be entered into or authorized by the Administrator unless the
Director of Finance or his or her duly authorized representative
shall first certify:
(1) That
the money required for such contract, agreement, obligation or
expenditure is in the Municipality’s treasury or in the process
of collection thereto, and
(2) That
the money has been appropriated by Council for the specified
purposes, and it remains unencumbered.
Said certification as to the availability of
funds and the appropriation of funds shall be filed and recorded
in the accounting records of the Municipality and a copy
furnished the vendor or contractor. Without the certification,
contractual obligations shall be void and unenforceable against
the Municipality unless subsequently approved by the Council or
recognized by Council as a moral obligation.
(E) The Administrator shall not divide any
order or contract to avoid the requirements of competitive
bidding.
ARTICLE
X - NOMINATIONS AND ELECTIONS – INITIATIVE, REFERENDUM AND
RECALL
Nominations
for all elected offices of the Municipality shall be made by
petition only and no primary shall be held to nominate officers
of the Municipality. Nominating petitions shall be in the form
determined by the election authorities provided under the
general laws of Ohio and signed by electors of the Municipality
in the numbers provided under the general laws of Ohio.
The regular
municipal elections for all elected offices, and for issues to
be presented to the voters, shall be held on the dates and at
the times fixed by the elections laws of Ohio for general
statutory plan cities.
The Council
may, at any time, order a special election by ordinance or
resolution which shall set forth the date and purpose of the
election, including but not limited to the referral of pending
ordinances and resolutions to the electors for their approval or
rejection. Special elections may be held on any date, including
but not limited to the dates of general and primary elections in
odd or even numbered years.
All regular
and special elections shall be conducted by the election
officials as established under the laws of Ohio. Such elections
shall be held in conformity with the provisions of this
Charter. Where the Charter is silent, the provisions of the
election laws of Ohio shall be followed.
Ordinances,
resolutions, issues and other measures may be proposed by
initiative petition and adopted by election, and ordinances and
resolutions adopted by the Council shall be subject to
referendum, as provided by the Constitution and laws of Ohio.
(A) The
electors shall have the power to remove from office by a recall
election any elected official of the Municipality in the manner
provided in this Section.
(B) If
the elected official shall have served six months of his or her
term, an elector or electors of the Municipality may serve
written notice upon the Clerk of Council of their intent to
circulate petitions for the recall of a named elected official
or officials. No petitions for the recall of an elected
official may be circulated until such written notice of intent
is served upon the Clerk of Council. Not later than thirty days
after service of such notice of intent on the Clerk of Council,
such persons may file, with the Clerk of Council, a petition
demanding the removal of an elected official. Separate
petitions shall be filed for each elected official sought to be
removed by recall. The Clerk shall note thereon the name and
address of the person filing the petition and the date of such
filing, and deliver to such person a receipt therefor and attach
a copy thereof to said petition. Such petition may be
circulated in separate parts, but the separate parts shall be
bound together and filed as one instrument. Each part shall
contain the name and office of the person whose removal is
sought. Such petition shall be signed by at least that number
of electors which equals fifteen percent in number of the
electors voting at the last preceding regular municipal
election.
(C)
Within ten days after the day on which such petition is filed,
the Clerk of Council shall determine whether or not it meets the
requirements hereof. If the Clerk of Council shall find 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 such delivery. Such person shall be allowed a
period of ten days after the day on which such delivery was made
in which to make the petition sufficient. If the Clerk of
Council shall find the petition sufficient, the Clerk shall
promptly so certify to Council and shall deliver a copy of such
certificate to the person whose removal is sought within five
days and make a record of such delivery.
(D) If
the person whose removal is sought shall not resign within five
days after the day on which the Clerk’s certificate shall have
been delivered, Council shall, by ordinance or resolution, fix a
day for holding a recall election, not less than thirty days nor
more than forty-five days after the date of the Clerk’s
certification of sufficiency to the Council, and shall cause
notice of such recall election to be published on the same day
of each week for two consecutive weeks in a newspaper of general
circulation in the Municipality. At such recall election, this
question shall be placed upon the ballot: “Shall (naming the
person whose removal is sought) be allowed to continue as
(naming the office)?”, with the provision on the ballot for
voting affirmatively or negatively. In the event a majority of
the vote is negative, such person shall be removed, the office
shall be vacant, and such vacancy shall be filled as provided in
this Charter. If the person is not removed at such recall
election, no further recall petitions shall be filed against him
or her for a period of one year following such election.
(A)
Elected officials and members of Boards and Commissions shall be
removed for cause as provided in this Section of the Charter
(B) As
used in this Section of the Charter, the “Charging Official”
shall mean: the “Mayor” except where the person accused of
grounds for removal is the person holding the office of Mayor;
or the “President Pro Tem” where the person sought to be removed
for cause holds the office of Mayor.
(C) The
Charging Official, if he or she has reason to believe there is
probable cause (as such causes are defined in this Section
11.01) for the removal of an elected official or member of a
Board or Commission, shall give notice of the alleged cause for
removal and the time, date and place of the commencement of
hearing for removal, which shall not be earlier than ten days
after the service of the notice, to the accused person by
personal service, certified mail, or by leaving a copy of such
notice at the person’s last know place of residence in the
Municipality. At such time, date and place and at any adjourned
meetings, the Council shall hear, provide an opportunity to the
accused person to be heard and present defenses, and determine
whether the accused person shall be removed from his or her
office. The Council shall remove an official for any of the
following causes by a two-thirds vote of the members of the
Council, provided that if the accused person is a member of
Council, such person shall not vote on any matter during the
removal procedure and shall not be counted in determining
required majorities:
(1)
Unexcused absences from any four consecutive regular meetings of
the Council or the Board or Commission on which such person
serves or any six regular or special meetings thereof in any
year, provided the accused person received notice of special
meetings. An absence from a regular or special meeting may be
excused by a majority vote of the members of the Council or the
Board or Commission on which such person serves at any time,
including the excusing of any absence after action is initiated
but prior to the commencement of hearings for the person’s
removal under this Section.
(2)
Failure to possess or maintain the qualifications of the
office.
(3) A
determination that the accused person is guilty of misfeasance,
malfeasance or nonfeasance in office.
(D) Upon
the removal of an official from office pursuant to this Section,
the office of the offending person shall be vacant, subject to
any appeal to and review by an appropriate court, and the
vacancy shall be filled as provided in this Charter.
(E) The
removal of an official or the occurrence of any of the causes
permitting the removal shall not invalidate any action of the
official or any body, including the Council, in which the member
participated. The subsequent removal of a person who fills a
vacancy created pursuant to this Section by the reinstatement by
a court of a person previously removed by the Council, shall not
invalidate any action of the person who filled the vacancy or
any body, including the Council, in which such person who filled
the vacancy participated.
(F) The
Council shall be the judge of the qualifications of and of the
grounds for removal from office and shall conduct the
proceedings relative to removal. The Council shall have the
power to subpoena witnesses, administer oaths and require the
production of evidence, either on its own motion or through the
process of any appropriate court or officer thereof. A person
charged with conduct constituting grounds for removal from
office shall be entitled to either a private or public hearing
on demand, but in any case, a record of the proceedings shall be
made and preserved. If a public hearing is demanded, a notice
of such hearing shall be published in one or more newspapers of
general circulation in the Municipality at least one week in
advance of the hearing, and in such an event, the Mayor, or
other presiding officer of the Council, may reschedule the time,
date and place of the hearing set by the Charging Official to
accommodate the publication of the notice. If the hearing is
rescheduled, the Mayor or other presiding officer, shall notify
the accused person of such fact. Decisions made by the Council
under this Section shall be subject to review by the Courts on
matters of law and whether the Council acted arbitrarily and
without probative evidence to support the grounds for removal.
(G) The
Director of Law shall prosecute the removal proceedings before
the Council and any review thereof by the Courts. If a person
accused is not finally removed, the Municipality shall pay the
reasonable costs of the defense of such person and any
compensation withheld pending the appeal of the action of the
Council.
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.
The
Municipality of Groveport under this Charter is hereby declared
to be the legal successor of the Municipality of Groveport 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. The
Municipality 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. All contracts entered into by the
Municipality or for its benefit prior to the effective date of
this Charter shall continue in full force and effect.
(A) The
adoption of this Charter shall not affect any pre-existing
rights of the Municipality nor any right, liability, pending
suit or prosecution, either on behalf of or against the
Municipality or any officer thereof, nor any franchise granted
by the Municipality nor pending proceedings for the
authorization of public improvements or the levy of assessments
therefor. Except as a contrary intent appears in this Charter,
all acts of Council of the Municipality including ordinances and
resolutions in effect at the date this Charter becomes
effective, shall continue in effect until amended or repealed.
(B) No
action or proceeding pending against the Municipality or an
officer thereof shall be abated or affected by the adoption of
this Charter. All actions or proceedings shall be prosecuted or
defended under the laws in effect at the time they were filed.
(A) The
person holding the office of Village Administrator under the
general statutory plan of government for the Village of
Groveport is hereby designated to serve as the initial
Administrator under this Charter.
(B) The
person holding the office of Clerk-Treasurer under the general
statutory plan of government for the Village of Groveport shall
continue in such office until the office is abolished and
terminated pursuant to Division (A) of Section 3.05 and Division
(A) of Section 7.01 of this Charter.
(C)
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. When that provision shall have been made, the term of
any officer shall expire and the office shall be abolished. The
powers conferred and the duties imposed upon any officer, body,
commission, board, department or division of the Municipality
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 the 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.
Every
employee of the Municipality on the effective date of this
Charter shall continue in such employment subject in all
respects to the provisions of this Charter and ordinances,
resolution’s rules or regulations enacted or promulgated under
the Charter.
Original
1990 Charter Commission
Cynthia A.
Hollingshead, Chair
Mary Beth
Wilde, Vice Chair
Cynthia M.
Yehnert, Recording Secretary
Donald L.
Bryan
James R.
Hollingshead
Nancy Landes
Mary K.
Mashburn
Melinda N.
McTorn
Joan E.
Montgomery
Jon P.
Montgomery
John R. Nease
Don B. Peer
Billie Runyan
Sue A.
Whitesel
Charles D.
Wilde
2000
Charter Review Commission
Cynthia A.
Hollingshead, Chair
Patrick M.
Pickett, Vice Chair
Jill Henry
John R. Nease
Melvin L.
Tyler
(signed) Cynthia Hollingshead
Chairman |
(signed) Mary Beth Wilde
Vice Chairman |
(signed) Cynthia M. Yehnert
Recording Secretary |
| (signed) James R. Hollingshead |
(signed) Sue A. Whitesel |
| (signed) Melinda N. McFann |
(signed) John R. Nease |
| (signed) Don B. Peer |
(signed) Nancy Landes |
| (signed) Mary K. Mashburn |
(signed) Billie Runyan |
| (signed) Donald L. Bryan |
(signed) Joan E. Montgomery |
| (signed) Charles D. Wilde |
(signed) Jon P. Montgomery |
|
