City Charter
THE CHARTER
OF THE<
CITY OF CONNEAUT, OHIO
TABLE OF CONTENTS
PREAMBLE
ARTICLE I - Form of Government
Section 1. Name.
Section 2. Council-Manager.
Section 3. Home Rule Powers.
ARTICLE II - Legislative Authority
Section 1. Council.
Section 2. Qualifications.
Section 3. Powers and Duties. (Amd. 11-2-04)
Section 4. Salaries and Surety Bonds. (Amd. 11-2-04)
Section 5. Election. (11-4-97) (Amd. 11-2-04).
Section 6. Organization.
Section 7. President of Council.
Section 8. President Pro-Tem of Council.
Section 9. Clerk of Council.
Section 10. Vacancies.
Section 11. Meetings.
Section 12. Council not Administrative.
Section 13. Departmental Organization.
ARTICLE III - Legislative Procedures
Section 1. Quorum.
Section 2. Rules of Procedure: Journal.
Section 3. Form of Legislative Action.
ARTICLE IV - Administrative Authority
Section 1. City Manager.
Section 2. Qualifications.
Section 3. Powers and Duties. (Amd. 11-2-04)
Section 4. Absence or Disability of the City Manager.
Section 5. Tenure.
Section 6. Interim City Manager.
Section 7. Administrative Departments.
Section 8. Heads of Departments.
ARTICLE V - Budgeting and Appropriations
Section 1. Budget.
Section 2. Appropriation Ordinance.
ARTICLE VI - Department of Finance
Section 1. Director.
Section 2. Qualifications.
Section 3. Salary.
Section 4. Surety Bond.
Section 5. Powers and Duties.
Section 6. Payment of Claims.
Section 7. Certification of Funds.
Section 8. Interpretation.
Section 9. Bonds and Notes.
Section 10. Temporary Loans.
ARTICLE VII - Department of Public Safety (Amd. 11-2-04).
Section 1. Director.
Section 2. Salary.
Section 3. Surety Bond.
Section 4. Powers and Duties.
ARTICLE VIII - Department of Public Service
Section 1. Director.
Section 2. Salary.
Section 3. Surety Bond.
Section 4. Powers and Duties.
ARTICLE IX - Department of Law
Section 1. Director.
Section 2. Qualifications.
Section 3. Salary.
Section 4. Powers and Duties.
ARTICLE X - Initiative, Referendum and Recall
Section 1. Initiative and Referendum.
Section 2. Recall. (Amd. 11-2-04).
ARTICLE XI - Boards and Commissions
Section 1. Civil Service Commission. (Amd. 11-2-04)
Section 2. City Planning Commission. (Amd. 11-2-04)
Section 3. Board of Zoning and Building Standards Appeals. (Amd.
11-2-04)
Section 4. Other Existing Boards and Commissions. (Amd. 11-2-04)
ARTICLE XII - Utilities
Section 1. Powers.
Section 2. Supervised by City Manager.
Section 3. Sale.
ARTICLE XIII - Amendments
Section 1. Method of Amendment. (Amd. 11-2-04)
Section 2. Charter Review Committee.
Section 3. Separability.
ARTICLE XIV - Succession in Government
Section 1. Effect of Charter on Existing Law.
Section 2. Rights of Officers and Employees Preserved.
Section 3. Continuation of Present Officers.
Section 4. Transfer of Records and Property.
Section 5. Continuity of Offices, Departments or Agencies.
Section 6. Continuance of Contracts and Public Improvements.
Section 7. Pending Actions and Proceedings.
Section 8. When Provisions Take Effect.
ARTICLE XV - Special Search Committee (Amd. 11-2-04)
Section 1. Formation of Search Committee.
Section 2. Make-Up of Search Committee.
Section 3. Duties and Responsibilities of Search Committee.
Section 4. Compensation, Funding and Committee Tenure.
CHARTER
of the
CITY OF CONNEAUT
_______________________________
PREAMBLE
We, the people of the City of Conneaut, in the County of
Ashtabula and State of Ohio, in order to secure for ourselves
the benefits of municipal home rule and exercise all the powers
of local self-government under the Constitution and laws of the
State of Ohio, do adopt this Charter for our municipality.
ARTICLE I
FORM OF GOVERNMENT
SECTION 1. NAME.
The name of the City shall be "City of Conneaut." Within the
corporate limits as now or hereafter established, the City shall
continue to be a municipal body politic and corporate in
perpetuity under the laws and Constitution of the State of Ohio.
SECTION 2. COUNCIL-MANAGER.
The form of government hereby established shall be known as the
“Council-Manager” form of government. All powers of the City
shall be exercised in the manner prescribed in this Charter, or
if not prescribed herein, then in such manner as shall be
provided by ordinance of the Council.
SECTION 3. HOME RULE POWERS.
The City shall have all powers of local self-government and home
rule and all powers possible for a city to have under the
Constitution of the State of Ohio together with all powers that
now or hereafter may be granted to municipal corporations by the
laws of the State of Ohio. The enumeration of particular powers
by this Charter shall not be deemed to be exclusive, and in
addition to the powers enumerated herein or implied hereby, or
appropriate to the exercise of such powers, it is intended that
the City shall have and may exercise all powers which, under the
Constitution and laws of this State, it would be competent for
this Charter specifically to enumerate.
ARTICLE II
LEGISLATIVE AUTHORITY
SECTION 1. COUNCIL.
There shall be a Council composed of seven (7) members: an
elected President of Council and six (6) elected council
members, four (4) of whom shall be elected from each ward, and
two (2) at large.
SECTION 2. QUALIFICATIONS.
President of Council and Council members at large shall have
resided in the City, and Council members from wards shall have
resided in their respective wards, for at least one (1) year
next preceding their election or appointment, and shall continue
to reside therein during their term of office; provided however,
that any elector of an area annexed to the City who shall have
resided continuously in said area for not less than one (1) year
next preceding a municipal election, and who is otherwise
qualified, shall be eligible for election to Council at said
election.
Each member of Council shall be an elector of the City, shall
hold no other public office except that of Notary Public, member
of the National Guard or Armed Forces Reserves, or be interested
in any contract with the City; and shall hold no employment with
the City. The Council shall be the judge of the qualifications
of the members.
SECTION 3. POWERS AND DUTIES.
All legislative powers of the City shall be vested, subject to
the terms of this Charter and of the Constitution of the State
of Ohio, in the Council. The laws of the State of Ohio not
inconsistent with this Charter, except those declared
inoperative by ordinance of the Council, shall have the force
and effect of ordinances of the City of Conneaut but in the
event of conflict between any such law and any municipal
ordinance or resolution, the provisions of the ordinance or
resolution shall prevail and control.
Without limitation of the foregoing, the Council shall have the
power to:
(1) Appoint and remove the City Manager;
(2) Appoint and remove the Clerk of Council;
(3) Establish, abolish, combine or separate administrative
departments, divisions or service units of the municipal
government; except that the divisions of Police and Fire shall
not be combined;
(4) Adopt the budget of the City;
(5) Authorize the issuance of bonds and other evidences of debt;
(6) Inquire into the conduct of any office, department or agency
of the City and make investigation as to municipal affairs;
(7) Approve, accept and adopt plats;
(8) Adopt and modify the official map of the City;
(9) Adopt and amend zoning regulations;
(10) Adopt and amend building and sanitary regulations;
(11) Adopt and amend a fire prevention code;
(12) Adopt, modify, refer, reject or carry out plans proposed by
the Planning Commission for the clearance of slum districts and
the rehabilitation of blighted areas;
(13) Adopt, modify, reject or remove plans by the Design Review
Board for the historic prevention of buildings and areas.
Council shall subdivide the City into four (4) wards of adjacent
and compact territory with as well defined boundaries and as
nearly equal population as practicable, and after each recurring
Federal Census Council shall, if necessary, redefine the
boundaries of said four (4) wards so that there is no disparity,
in resident population, or more than ten percent (10%) between
wards and to the extent and in the manner prescribed by general
law for increasing the number of wards upon the basis of
population.
(Amended 11-2-04)
SECTION 4. SALARIES AND SURETY BONDS.
Council shall have the power to fix the compensation of the City
Manager, the President of Council, its own members and the
compensation of each officer and employee of the City, including
officers and members of any board or commission of the City,
whether elected or appointed, and to establish bond for the
faithful discharge of the duties of office. The premium on any
bond required by Council shall be paid by the City. The
compensation of all elected officials shall be fixed not later
than seventy-five (75) days prior to the date of the municipal
election for terms of office beginning on the next succeeding
first day of January, excluding both the date of the election
and the date of fixing such compensation, and shall not
thereafter be changed in respect to any such term or terms or
any part thereof, provided, however, that the salaries of the
members of Council and the President of Council elected to those
offices at the first election under this Charter shall be in the
same amounts as the salaries for those offices in the municipal
government immediately prior to the effective date of this
Charter. The salaries of appointed officials shall not be
reduced during their term of appointment unless requested by the
City Manager. The Council may authorize the payment or
reimbursement of expenses incurred in the furtherance of the
interest of the City by any official, employee, or member of any
department, board or commission of the City.
(Amended 11-2-04)
SECTION 5. ELECTION.
Except as otherwise provided by this Charter or by ordinance of
Council, municipal elections shall be conducted in accordance
with the provisions of general law.
Members of Council shall hold their office for four (4) years
beginning January 1st of 2006, except members of Council from
Wards 1, 2, 3 and 4. Council members from Wards 1, 2, 3, and 4
shall hold office for two (2) years, then starting in 2008,
their term shall also be for four (4) years, thereby staggering
the terms of Council. They shall serve until their successors
are elected or appointed and qualified. They shall be nominated
by petition signed by not less than twenty-five (25) of the
registered electors of the City or of their ward in the case of
ward Council members and their names shall appear on a
non-partisan ballot without party designation. The nomination of
each candidate shall be made by a separate petition, but such
petition may be circulated in separate parts, which shall be
filed with the Board of Elections as one (1) instrument, not
earlier than one hundred fifty (150) days or later than
seventy-five (75) days prior to the date of holding the regular
municipal election.
(Amended 11-4-97.) (Amended 11-2-04)
SECTION 6. ORGANIZATION.
Within three (3) days after the first day of January in even
years, the Council shall meet in the Council rooms and shall
organize. Thereafter, the Council shall meet regularly at such
times as may be prescribed by its rules, but not less frequently
than twice each month. Executive sessions may be held as
governed by Section 121.22 of the Ohio Revised Code.
SECTION 7. PRESIDENT OF COUNCIL.
The President of Council shall be the official and ceremonial
head of the municipal government, shall attend and preside at
all meetings of Council, shall participate in the deliberations
thereof, and shall have the right to vote.
SECTION 8. PRESIDENT PRO-TEM OF COUNCIL.
At its organization meeting, the Council shall elect, from its
membership, a President Pro-Tem of Council who shall act as
President during the absence or disability of the President. The
President Pro-Tem of Council and successor, if any, shall serve
until the next organization meeting except upon resignation as
President Pro-Tem, or upon ceasing in the meantime to be a
member of Council, or being removed by a vote of not less than
two-thirds (2/3) of the members of Council, in which event the
Council shall proceed to elect a successor.
SECTION 9. CLERK OF COUNCIL.
The Council shall appoint, from outside its membership, a
competent person who shall have the title of Clerk of Council,
shall give notice of its meetings, shall keep the journal of its
proceedings, shall authenticate by signature and record in full
in a book kept for the purpose of all ordinances and resolutions
and shall perform such other duties as shall be required by this
Charter or by ordinance. The office of Clerk of Council may be
combined with that of any administrative office except that of
City Manager.
SECTION 10. VACANCIES.
The office of an elected officer of the City shall become vacant
upon death, resignation, recall, conviction of a crime involving
moral turpitude, absence from all Council meetings for three (3)
consecutive months without being excused by Council, or if
Council determines by resolution that he does not possess the
qualifications set forth in Section 2 of this Article.
A simple majority vote of the remaining members of Council is
required in selecting a replacement and such replacement shall
be selected within thirty (30) days. If, after the specified
time Council is unable to agree on a replacement, then the
President of Council shall select a replacement. The replacement
shall serve out the remainder of the unexpired term. An
exception shall be that any vacancy resulting from a recall
election shall be filled in the manner provided in Section
705.92 of the Revised Code of Ohio or any amendment thereto.
SECTION 11. MEETINGS.
The Council shall meet in regular session at least twice each
month at such times and places as are fixed by ordinance. The
Clerk shall call special sessions of the Council upon request of
the President of Council or of any three (3) members. Any such
request shall state the subject to be considered at such special
meeting, and no action shall be taken on any other subject.
SECTION 12. COUNCIL NOT ADMINISTRATIVE.
Neither President of Council, Council, nor any of its members
shall initiate or request the appointment of any person to, or
the removal from office by the City Manager or by any of the
City Manager's subordinates, nor in any manner take part in the
appointment or removal of employees under the department heads.
Except for the purpose of inquiry, the Council and its members
shall deal with the administrative service solely through the
City Manager and neither the Council nor any member thereof
shall give orders to any subordinates of the City Manager,
either publicly or privately.
SECTION 13. DEPARTMENTAL ORGANIZATION.
The Council, by ordinance, may create, change, and abolish
offices, departments or agencies, but shall not abolish any
office, department or agency established by this Charter. The
Council, by ordinance, may assign additional functions or duties
to offices, departments or agencies established by this Charter,
function or duty assigned by this Charter to a particular
office, department or agency.
ARTICLE III
LEGISLATIVE PROCEDURES
SECTION 1. QUORUM.
A majority of all members of Council shall constitute a quorum.
The affirmative vote of a majority of all members of Council is
necessary to adopt any motion, resolution or ordinance unless
otherwise provided in this Charter.
SECTION 2. RULES OF PROCEDURE: JOURNAL.
The Council shall determine its own rules and order of business
and where no rule has been adopted, Robert's Rules of Order
shall be followed. It shall keep a journal of its proceedings
and the journal shall be open to public inspection.
SECTION 3. FORM OF LEGISLATIVE ACTION.
A. In Writing. All legislative action by Council shall be by
ordinance or resolution introduced in written or printed form.
B. One Subject. No ordinance or resolution shall contain more
than one subject matter, which subject shall be clearly
expressed in its title.
C. Three Readings. Every ordinance or resolution shall be read
at three different Council meetings, provided that this
requirement may be dispensed with by a three-fourths (3/4) vote
of the members of Council eligible to vote. Ordinances and
resolutions shall be deemed to have been read if a written or
printed copy of the ordinance or resolution shall have been
furnished to each member of Council prior to its introduction
and if the title thereof is fully read, provided that at the
request of at least two (2) members of Council such ordinance or
resolution shall be read in full.
D. Revisions and Amendments. No ordinance or resolution shall be
revised or amended unless the entire language of the section
being amended is included in the ordinance or resolution; in
which case, the original section of the ordinance or resolution
shall be repealed.
E. Effective Date. An ordinance or resolution which under
Section 3G of this Charter may become effective upon it’s a
passage as is specified in such ordinance or resolution shall
and
shall be published or posted as aforesaid, without postponing
the effective date thereof.
F. Posting and Publishing. Notice of the adoption of ordinances
and resolutions of a general or permanent nature shall be given
by publishing one (1) time in a newspaper of general circulation
in the City within fifteen (15) days following the adoption
thereof and making a copy thereof available to public inspection
by posting in the City Hall. It shall be sufficient to publish
by title only. In the publication of ordinances or resolutions
relating to improvements, the advertisement may contain the
title, number and date of passage, a concise description of the
private property affected, a summary of the nature of the
improvement, the rate of any assessment levied or to be levied,
and a reference to the copy which shall be on file with the
Clerk of Council.
G. Emergency Clause. Each ordinance or resolution providing for
(a) the appropriation of money, (b) an annual tax levy, and (c)
improvements petitioned for by the owners of a majority of the
foot frontage of the property benefitted and to be specifically
assessed therefor, and (d) any emergency ordinance or resolution
necessary for the immediate preservation of the public peace,
health or safety, shall take effect, unless a later time be
specified therein, upon its passage. No other ordinance or
resolution shall go into effect until thirty days after its
final passage by Council. Each emergency measure shall contain a
statement of the necessity for such emergency action and shall
require the affirmative vote of two-thirds of the members of
Council eligible to vote for its enactment. No action of Council
(a) providing for the surrender or joint exercise by the
municipality of any of its powers, (b) granting any franchise,
(c) contracting for the supply to the municipality or its
inhabitants of the product or service of any utility, whether
municipally owned or not, or (d) establishing salaries for
elected officers, shall be taken as an emergency measure.
H. Voting. An affirmative vote of at least a majority of the
members of Council eligible to vote shall be required for the
passage or enactment of every ordinance or resolution.
ARTICLE IV
ADMINISTRATIVE AUTHORITY
SECTION 1. CITY MANAGER.
There shall be a City Manager who shall be the chief executive
officer and administrative head of the City and shall be
appointed by a majority vote of the Council for an indefinite
term.
SECTION 2. QUALIFICATIONS.
The City Manager shall be selected on the basis of executive and
administrative qualifications requiring a bachelor's degree in
public administration or business administration or equivalent
degree with a minimum of five (5) years experience in an
executive-level public administration position. At the time of
appointment, the City Manager need not be a resident of the City
or State, but during a time period allowed by Council, shall
reside within the City.
No member of Council may be appointed City Manager while serving
on Council or within one (1) year thereafter.
SECTION 3. POWERS AND DUTIES.
The City Manager shall be responsible to the Council for the
proper administration of all the affairs of the City. Subject to
the provisions of this Charter, the City Manager shall have the
authority and be required to:
(1) See that this Charter and the ordinances and resolutions of
the City are faithfully observed and enforced;
(2) Appoint and, when necessary for the good of the service,
remove all officers and employees of the City, not selected or
appointed by the Council, in the manner provided by this
Charter;
(3) Prepare the tax budget, the annual budget and appropriation
ordinance, submit them to Council for approval, and administer
the appropriations made by Council;
(4) Keep the Council informed of the current financial condition
and future needs of the City;
(5) Sign all contracts, bonds, notes and certificates of
indebtedness on behalf of the City;
(6) Serve as a consultant to the Planning Commission of the
City;
(7) Attend all meetings of the Council at which his attendance
is required by that body;
(8) Recommend measures for adoption to the Council;
(9) Appoint the members of the Civil Service Commission;
(10) Appoint the members of the City Planning Commission;
(11) Appoint the members of the Board of Zoning Appeals;
(12) Establish, abolish, combine, or separate and appoint
members to such other boards or commissions as it deems
necessary except as otherwise provided in this Charter;
(13) Appoint such advisory committees as seem to him desirable,
and discharge them when, in his judgment, their function has
been completely served;
(14) Delegate to subordinate officers and employees of the City
any duties conferred upon him by this Charter or by action of
Council and hold them responsible for the faithful discharge of
such duties;
(15) Perform such other duties, not inconsistent with this
Charter, as may be required by the Council.
The City Manager shall have charge of the administration of all
programs relating to public safety including the Divisions of
Police and Fire and shall perform such services as are required
by ordinance.
(Amended 11-2-04)
SECTION 4. ABSENCE OR DISABILITY OF THE CITY MANAGER.
The City Manager shall designate one or more qualified officers
of the City to perform the City Manager's duties during
temporary absence or disability, and any person or persons so
designated are hereby authorized to perform the duties of the
City Manager during the absence or disability of the City
Manager, or during such time as there is no City Manager by
reason of death, resignation, removal from office, or otherwise.
SECTION 5. TENURE.
The City Manager shall serve at the will of Council. In the
event of removal by Council, the City Manager shall receive
three (3) months notice. If the City Manager is relieved or
suspended from duty at or subsequent to being given such notice,
the City Manager shall nevertheless receive the regular
compensation for the three (3) month period beginning with the
giving of said notice.
SECTION 6. INTERIM CITY MANAGER.
If needed, Council shall be authorized to appoint an interim
City Manager for a period of not more than ninety (90) days.
SECTION 7. ADMINISTRATIVE DEPARTMENTS.
In addition to the departments established by this Charter,
Council may establish by resolution such other departments and
divisions as it shall deem necessary. The work of each
department may be distributed among such divisions thereof as
may be established by resolution upon a recommendation of the
City Manager. In the absence of such a resolution, the City
Manager may establish temporary divisions and distribute the
work load among them.
SECTION 8. HEADS OF DEPARTMENTS.
At the head of each department there shall be a director,
appointed by the City Manager, who shall have supervision and
control of the department subject to the City Manager.
Two or more departments may be headed by the same person and
directors of departments may also serve as heads or chiefs of
divisions. The City Manager may act as director of one or more
departments, except as Director of Finance or Director of Law.
ARTICLE V
BUDGETING AND APPROPRIATIONS
SECTION 1. BUDGET.
The financial affairs of the City shall be controlled by a
budget system. The City Manager, with the assistance of the
Director of Finance, shall prepare an annual budget in such form
and detail as Council may request.
SECTION 2. APPROPRIATION ORDINANCE.
At or before the first meeting of the year in which said budget
is to become effective, the Council shall adopt an appropriation
ordinance in which appropriations shall not exceed the estimated
revenues of the municipality. Such ordinance may provide for an
interim appropriation, but in such event an annual appropriation
ordinance shall be adopted not later than the time provided by
General Law. Such appropriation may be amended as necessary from
time to time by ordinance, but at no time shall the total budget
as certified be exceeded.
ARTICLE VI
DEPARTMENT OF FINANCE
SECTION 1. DIRECTOR.
There shall be a Department of Finance, the head of which shall
be the Director of Finance who shall be appointed by the City
Manager.
SECTION 2. QUALIFICATIONS.
The Director of Finance shall have knowledge of municipal
accounting and taxation and shall have had experience in
budgeting and financial control. The Director of Finance need
not be a resident of the City or State at the time of
appointment, but within a period of not more than six (6)
months, shall reside within the City.
SECTION 3. SALARY.
The Director of Finance shall receive such salary as may be
established by ordinance.
SECTION 4. SURETY BOND.
The Director of Finance shall provide a bond with such surety
and in such amount as the Counci1 may require by ordinance. The
premium on said bond shall be paid by the City.
SECTION 5. POWERS AND DUTIES.
The Director of Finance shall have charge of the administration
of the financial affairs of the City under the direction of the
City Manager and to that end shall have authority and shall be
required to:
(1) Prepare and submit the current income and expense estimates
for the budget as directed by the City Manager;
(2) Supervise and be responsible for the disbursement of all
monies and control all expenditures so that appropriation and
cash resources are not exceeded;
(3) Maintain a general accounting system for the City
government; keep accounts for and exercise budgetary control
over each office, department and agency; keep separate
appropriate accounts, each of which shall show the amount of
appropriation, the encumbrances thereon, the amounts expended
therefrom, and the unencumbered balance therein; require reports
of receipts and disbursements from each receiving and disbursing
agency of the City government at such intervals as the Director
of Finance may deem expedient and in such form as required by
the Director;
(4) Submit to the City Manager upon request but not less often
than monthly, a statement of receipts and disbursements and
account balances in sufficient detail to show the financial
condition of the City;
(5) Prepare for the City Manager, as of the end of each fiscal
year, a complete financial statement and report;
(6) Receive and record all fees and revenues due the City;
(7) Have custody of all public funds belonging to or under
control of the City or any office department or agency of the
City government and deposit said funds in such depositories as
may be designated by resolution of the Council;
(8) Have custody of all investments and invested funds of the
City government or in possession of such government in a
fiduciary capacity; make all investments on behalf of the City
after consultation with the City Manager and Director of Law;
and have the safekeeping of all bonds and notes of the City and
the receipt and delivery of City bonds and notes for transfer,
registration or exchange;
(9) Perform such other services, not inconsistent with this
Charter, as may be required by either the City Manager or the
Council.
SECTION 6. PAYMENT OF CLAIMS.
No warrant for the payment of any claim shall be issued by the
Director of Finance until such claim shall have been approved by
the head of the department or agency and by the City Manager for
which the indebtedness was incurred. Such officers and their
sureties shall be liable to the municipality for any loss or
damage sustained by the municipality by reason of the corrupt
approval of any such claim against the municipality. Whenever
any claim shall be presented, the Director of Finance shall have
power to require evidence that the amount of the claim is justly
due and is in conformity to law and ordinance; and for that
purpose may summon any officer, agent or employee of any
department of the municipality.
SECTION 7. CERTIFICATION OF FUNDS.
No contract, agreement, or other obligation involving the
expenditure of money shall be entered into unless the Director
of Finance shall have first certified that the money required
for such contract, agreement, obligation or expenditure is in
the treasury to the credit of the fund from which it is to be
drawn and not appropriated for any other purpose. The sum so
certified shall not thereafter be considered unappropriated
until the City is discharged from the contract, agreement, or
obligation; but the provisions of this Section shall not be
construed as prohibiting the making of contracts for the
furnishing of services of public utilities for a period
extending beyond a single fiscal year when such contracts are
otherwise authorized by this Charter, by ordinance, or by
General Law.
SECTION 8. INTERPRETATION.
All monies actually in the treasury to the credit of the fund
from which they are to be drawn, and all monies applicable to
the payment of the obligation or appropriation involved, that
are anticipated to come into the treasury before the maturity of
such contract, agreement, or obligation, from taxes,
assessments, or license fees, or from sales of services,
products, or by-products of any City undertaking, and monies to
be derived from lawfully authorized notes or bonds sold and in
process of delivery shall, for the purpose of such certificate,
be deemed to be in the treasury to the credit of the appropriate
fund, and shall be subject to such certification.
SECTION 9. BONDS AND NOTES.
The issuance of bonds and notes of the City and all special
assessment proceedings shall be in accordance with the
provisions of state law except as otherwise provided in this
Charter or by ordinance of Council.
SECTION 10. TEMPORARY LOANS.
In anticipation of the collection of current revenues in any
fiscal year, the City may borrow money and issue evidence of
indebtedness therefor, signed as municipal bonds are signed, but
no such loans shall be made to exceed the amount estimated to be
actually received from taxes or other current revenues for such
fiscal year, after deducting all advances. The sum so
anticipated shall be deemed appropriated for the payment of such
debt.
ARTICLE VII
DEPARTMENT OF PUBLIC SAFETY
Article VII, Sections 1, 2, 3, and 4 were repealed in their
entirety at the General Election held on November 2, 2004.
ARTICLE VIII
DEPARTMENT OF PUBLIC SERVICE
SECTION 1. DIRECTOR.
There shall be a Department of Public Service, the head of which
shall be the Director of Service who shall be appointed by the
City Manager.
SECTION 2. SALARY.
The Director of Service shall receive such salary as may be
established by ordinance.
SECTION 3. SURETY BOND.
The Director of Service shall provide a bond with such surety
and in such amount as the Council may require by ordinance. The
premium on said bond shall be paid by the City.
SECTION 4. POWERS AND DUTIES.
The Director of Service shall have charge of the administration
of all divisions within the department including streets,
sidewalks, city-owned utilities, and cemeteries. The Director of
Service shall perform such services as may be assigned by the
City Manager.
ARTICLE IX
DEPARTMENT OF LAW
SECTION 1. DIRECTOR.
There shall be a Department of Law, the head of which shall be
the Director of Law who shall be appointed by the City Manager.
SECTION 2. QUALIFICATIONS.
The Director of Law shall be an Attorney at Law, admitted to
practice before the Supreme Court of Ohio, be in good
professional standing and upon appointment, need not be a
resident of the City or State, but within a period of not more
than six (6) months, shall reside within the City.
SECTION 3. SALARY.
The Director of Law shall receive such salary as may be
established by ordinance.
SECTION 4. POWERS AND DUTIES.
The Director of Law shall be legal advisor to the Council, to
all offices, departments and agencies, and to all officers and
employees in matters relating to their official powers and
duties, shall perform such services as are required by ordinance
or as may be assigned by the City Manager. The Director of Law
shall appoint such assistants as are authorized by ordinance and
shall represent the City in all legal proceedings.
ARTICLE X
INITIATIVE, REFERENDUM AND RECALL
SECTION 1. INITIATIVE AND REFERENDUM.
The powers of initiative and referendum are reserved to the
people of the City. Ordinances and other measures may be
proposed by initiative petition and adopted by election, and
ordinances and other measures adopted by the Council shall be
subject to referendum, to the extent and in the manner now or
hereafter provided by the Constitution or the laws of Ohio,
except as otherwise provided in this Charter.
SECTION 2. RECALL.
The power of recall of elected officials of the City is reserved
to the people of the City. The procedure to be followed shall be
as provided by state statute except that a petition for recall
shall require the signature of registered electors of the City
equal in number to twenty percent (20%) of the number of
registered electors that voted in the last election for the
office of recall (20% of applicable number of Ward electors for
a Ward person recall or 20% of the number of City electors for
President or Council At Large office).
A recall may be started by filing with the Clerk of a petition
signed by at least the minimum number of qualified voters
requesting that a Council member, named in the petition be
removed from office. The Clerk, finding the petition sufficient,
shall certify to the Board of Elections of Ashtabula County, to
be placed on the ballot at the next succeeding Municipal or
State election occurring not less than seventy-five (75) days
thereafter, the question: “Shall John Doe (using the name of the
Councilperson in the petition) be recalled from the office as
Councilperson in the City of Conneaut” “Yes or No.” If at the
election, a majority of the votes cast on the question shall be
in favor of recall, the Council member shall forthwith retire
from office and the Council shall fill the vacancy thus created
in the manner provided in this Charter. No recall petition shall
be filed against a Council member during his first six (6)
months in office. If a Council member is not recalled by the
election, no further recall petitions may be filed against him
for a period of one (1) year.
No person removed by recall shall be eligible to be elected or
appointed to any office of the City for a period of two (2)
years after the date of such recall.
(Amended 11-2-04)
ARTICLE XI
BOARDS AND COMMISSIONS
SECTION 1. CIVIL SERVICE COMMISSION.
There shall be a Civil Service Commission composed of three (3)
registered electors of the City not holding any other municipal
office of employment, each of whom shall be appointed by the
City Manager for a term of six (6) years. At the time of any
appointment, not more than two (2) members shall be adherents of
the same political party. Any vacancy occurring during the term
of any member of said Commission shall be filled for the
unexpired term in the manner the original appointment was made.
The Civil Service Commission shall adopt rules and shall provide
by rule for the ascertainment of merit and fitness as the basis
for appointment and promotion in the service of the City and
shall establish such other rules for control of promotion in the
services as it determines to be for the best interest of the
City.
Members of the Civil Service Commission shall serve without
compensation unless otherwise provided by ordinance. A
sufficient sum shall be appropriated by the Council to carry out
the Civil Service provisions of this Charter.
SECTION 2. CITY PLANNING COMMISSION.
There shall be a City Planning Commission composed of at least
three (3) members who shall be electors of the City, who shall
serve without compensation and who shall be appointed by the
City Manager for terms of six (6) years each.
The City Planning Commission shall have the power to appoint or
employ such architects, engineers and other employees as said
commission shall deem necessary to perform its functions, but
the expenditure for such purpose shall be within the amounts
appropriated by Council therefor. City employees and contractors
may be empowered to serve as staff to the City Planning
Commission.
Except as otherwise provided by Charter or ordinance of Council,
the City Planning Commission shall have all of the powers and
duties conferred upon such commissions by the laws of the State
of Ohio.
The City Planning Commission shall have authority to adopt rules
and regulations not inconsistent with this Charter or ordinances
of Council.
SECTION 3. BOARD OF ZONING AND BUILDING STANDARDS APPEALS.
There shall be a Board of Zoning and Building Standards Appeals
composed of at least five (5) electors of the City who shall be
appointed by the City Manager for terms of five (5) years each.
The Board of Zoning and Building Standards Appeals shall
organize and shall adopt rules and regulations for its own
operation not inconsistent with general law or ordinance of
Council.
The Board of Zoning and Building Standards Appeals shall have
the following duties and powers:
(1) To hear and decide appeals made for exceptions to, variance
of and overruling of resolutions, ordinances, regulations,
measures and orders governing zoning and building in the
municipality;
(2) To keep minutes of all its proceedings which shall be open
to the public;
(3) To do and perform such other duties and functions as may be
imposed upon it by ordinance and resolutions of Council.
Members of the Board of Zoning and Buildings Standards Appeals
shall serve without compensation unless otherwise provided by
ordinance. A sufficient sum shall be appropriated by Council to
carry out the planning, zoning and provisions of this Charter.
Any vacancy on the Board of Zoning and Building Standards
Appeals shall be filled for the unexpired term.
SECTION 4. OTHER EXISTING BOARDS AND COMMISSIONS.
All existing Boards and Commissions shall remain as established
by ordinance. Any vacancy on any of the existing boards and
commissions shall be filled for the unexpired term.
ARTICLE XII
UTILITIES
SECTION 1. POWERS.
The City of Conneaut shall have, possess and exercise all powers
of local self-government granted to it under the Constitution of
the State of Ohio with respect to the regulation and control of
privately-owned public utilities and with respect to the
operation and maintenance of municipally-owned utilities.
SECTION 2. SUPERVISED BY CITY MANAGER.
Any utilities owned or operated by the City shall be under the
general supervision and control of the City Manager.
SECTION 3. SALE.
No sale of any municipal utility shall occur without the
approval of the electorate.
ARTICLE XIII
AMENDMENTS
SECTION 1. METHOD OF AMENDMENT.
Amendments to this Charter may be framed and submitted to the
electors of the City by a Charter Committee in the manner
provided by law for framing and submitting a new Charter.
Amendments may also be proposed and submitted by ordinance
passed by a vote of a majority of the members of the City
Council, by a Charter Review Committee as defined in Section 2
of this Article, or by a petition signed by not less than ten
percent (10%) of the qualified electors of the City, setting
forth any proposed amendment, and filed with the Clerk of
Council in accordance with the provisions of Section 1 of
Article X of this Charter, whereupon the Council shall forthwith
provide by ordinance for submitting such proposed amendment to a
vote of the electors.
Any ordinance for submitting a Charter amendment to the electors
shall provide that such amendment be submitted at the next
general election in November if one shall occur not less than
seventy-five (75) days nor more than one hundred fifty (150)
days after the passage of the ordinance; otherwise, it shall
provide for the submission of the amendment at a special
election to be called and held within the time aforesaid. Not
less than thirty (30) days prior to an election on a Charter
amendment the Clerk of Council shall mail a copy of the proposed
amendment to each elector whose name appears upon the
registration books of the last regular November election, or
publish said proposed amendment in newspapers of general
circulation, within the City limits, pursuant to State law. If a
proposed amendment be approved by a majority of the electors
voting thereon, it shall become a part of the Charter at the
time fixed therein.
(Amended 11-2-04).
SECTION 2. CHARTER REVIEW COMMITTEE.
During the month of January, 1997, and at least every seven (7)
years thereafter, Council shall appoint a Committee of seven (7)
qualified electors holding no other office or employment in the
government of the municipality of the City to constitute a
Charter Review Committee. The Committee shall review the Charter
and, not less than ninety (90) days prior to the next November
election, shall file with the Board of Elections its resolution
proposing such amendments as the Committee deems advisable. All
such amendments shall be submitted to the electorate at the next
November general election.
The members of the Charter Review Committee shall serve without
compensation and the Committee shall cease to function on the
day of the next November general election following its
appointment.
Council shall provide for the reasonable expenses of the Charter
Review Committee.
SECTION 3. SEPARABILITY.
If any Section or part of Section of this Charter or any
amendment thereof shall be held invalid by a court of competent
jurisdiction, such holding shall not thereby invalidate any
other Section or part hereof.
ARTICLE XIV
SUCCESSION IN GOVERNMENT
SECTION 1. EFFECT OF CHARTER ON EXISTING LAW.
A. All laws and parts of laws relating to or affecting the City
of Conneaut in force when this Charter shall take effect are
hereby repealed and superseded to the extent that the same
are inconsistent with the provisions of this Charter.
B. Insofar as the provisions of this Charter are the same in
terms or in substance and effect as provisions of law in force
when this Charter shall take effect, relating to or affecting
the City of Conneaut, the provisions of this Charter are
intended to be not a new enactment but a continuation of such
provisions of law, and this Charter shall be so construed and
applied.
SECTION 2. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED.
Nothing in this Charter contained, except as specifically
provided, shall affect or impair the rights or privileges of
officers or employees of the City or of any office, department
or agency existing at the time when this Charter shall take
effect, or any provision of law in force at the time when this
Charter shall take effect and not inconsistent with the
provisions of this Charter, in relation to the personnel,
appointment, ranks, grades, tenure of office, promotion,
removal, pension and retirement rights, civil rights or any
other rights or privileges of officers or employees of the City
or any office, department or agency thereof.
SECTION 3. CONTINUATION OF PRESENT OFFICERS.
All persons holding administrative office at the time this
Charter takes effect shall continue in office and in the
performance of their duties until provision shall have been made
in accordance therewith for the performance of such duties or
the discontinuance of such office. The powers conferred and the
duties imposed upon any office, department or agency of the City
by the laws of the State shall, if such office, department or
agency, be abolished by this Charter, or under its authority, be
thereafter exercised and discharged by the office, department or
agency designated by the Council unless otherwise provided
herein.
SECTION 4. TRANSFER OF RECORDS AND PROPERTY.
All records, property and equipment whatsoever of any office,
department or agency or part thereof, all the powers and duties
of which are assigned to any other office, department or agency
by this Charter, shall be transferred and delivered to the
office, department or agency to which such powers and duties are
so assigned. If part of the powers and duties of any office,
department or agency or part thereof are by this Charter
assigned to another office, department
or agency, all records, property and equipment relating
exclusively thereto shall be transferred and delivered to the
office, department or agency to which such powers and duties are
so assigned.
SECTION 5. CONTINUITY OF OFFICES, DEPARTMENTS OR AGENCIES.
Any office, department or agency provided for in this Charter
with a name or with powers and duties the same or substantially
the same as those of an office, department or agency heretofore
existing shall be deemed to be a continuation of such office,
department or agency and shall exercise its powers and duties in
continuation of their exercise by the office, department or
agency by which the same were heretofore exercised and shall
have power to continue any business, proceeding or other matter
within the scope of its regular powers and duties commenced by
an office, department or agency by which such powers and duties
were heretofore exercised. Any provision in any law, rule,
regulation, contract, grant or other document relating to such a
formerly existing office, department or agency, shall, so far as
not inconsistent with the provisions of this Charter, apply to
such office, department or agency provided for by this Charter.
SECTION 6. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS.
All contracts entered into by the City, or for its benefit,
prior to the taking effect of this Charter, shall continue in
full force and effect. Public improvements for which legislative
steps have been taken under laws existing at the time this
Charter takes effect may be carried to completion as nearly as
practicable in accordance with the provisions of such existing
laws and Charter provisions.
SECTION 7. PENDING ACTIONS AND PROCEEDINGS.
No action or proceedings, civil or criminal, pending at the time
when this Charter shall take effect, brought by or against the
City or any office, department or agency or officer thereof,
shall be affected or abated by the adoption of this Charter or
by anything therein contained; but all such actions or
proceedings may be continued notwithstanding that functions,
powers and duties of any office, department or agency or officer
party thereto may be or under this Charter be assigned or
transferred to another office, department or agency or officer,
but in that event the same may be prosecuted or defended by the
head of the office, department or agency to which such
functions, powers and duties have been assigned or transferred
by or under this Charter.
SECTION 8. WHEN PROVISIONS TAKE EFFECT.
For the purpose of submitting the question provided for in
Section 1 of Article II, and for the purpose of nominating and
electing members of Council in November, 1991, the Charter shall
be in effect from and after the date of its approval by the
electors. For all other purposes the Charter shall be in effect
on and after January 1, 1992.
ARTICLE XV
SPECIAL SEARCH COMMITTEE
Article XV, Sections 1, 2, 3 and 4 were repealed in their
entirety at the General Election held on November 2, 2004.