Part Two - Administration Code
TITLE TWO General Provisions Chap. 202. Rules of Construction;
Definitions; General Code Penalty. TITLE FOUR Legislation Chap. 220. Council.
TITLE SIX Administration Chap. 230. Administration Generally. TITLE EIGHT Boards and Commissions Chap. 270. Board of Trustees of Public Affairs. (Repealed)
TITLE TEN JudiciaryChap. 298. Mayor's Court.
PART TWO ADMINISTRATION CODE
TITLE TWO General ProvisionsCHAPTER 202 Rules of Construction; Definitions; General Code Penalty 202.01 Designation; citation; headings. CROSS REFERENCES See section histories for similar State law 202.01 DESIGNATION; CITATION; HEADINGS. This document, consisting of general and permanent legislation relating to Ohio villages in general, together with such general and permanent legislation of the Municipality that Council may wish to include herein, as revised, arranged, compiled, numbered, codified and printed herewith, consolidated into component codes, titles, chapters and sections, shall be known, designated and cited as the Codified Ordinances of Grand Rapids, Ohio, for which designation the term "Codified Ordinances" or "Codified Ordinances of the Village" or "this Code" may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in these Codified Ordinances.
202.02 GENERAL DEFINITIONS.
202.03 RULES OF CONSTRUCTION.
202.04 REVIVOR; EFFECT OF RE ENACTMENT, AMENDMENT OR REPEAL. (a) The repeal of a repealing provision of these Codified Ordinances does not revive the provision originally repealed nor impair the effect of any saving clause therein. (ORC 1.57) (b) The re enactment, amendment or repeal of a provision of these Codified Ordinances does not, except as provided in division (c) hereof:
(d) If the penalty, forfeiture or punishment for any offense is reduced by a re enactment or amendment of a provision of these Codified Ordinances, the penalty, forfeiture or punishment, if not already imposed, shall be imposed according to the provision as amended. (ORC 1.58)
202.05 CONSTRUCTION OF SECTION REFERENCES. (a) Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, or of divisions or subdivisions of a section, such reference shall be construed to mean a violation of any provision of the section, sections, divisions or subdivisions included in the reference. (b) References in this Code to action taken or authorized under designated sections of this Code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this Code. (ORC 1.23) (c) A reference to any portion of a provision of this Code applies to all re enactments or amendments thereof. (ORC 1.55) (d) Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered, unless the subject matter be changed or materially altered by the amendment or revision.
202.06 GENERAL REPEALER; CONFLICTS. (a) All ordinances, resolutions, rules and regulations of the Municipality, and all parts of the same, enacted prior to the date of the adoption of these Codified Ordinances and inconsistent or in conflict with any of the provisions of this Code, are hereby repealed, save and except any ordinance, resolution, rule or regulation, or part of the same, expressly excepted from repeal by the ordinance that adopts this Code. No ordinance, resolution, rule or regulation, or part of the same, of the Municipality, that is not inconsistent or in conflict with any of the provisions of this Code and/or that can be reasonably interpreted to be compatible with the provisions of this Code, shall be deemed to be repealed by the adoption of this Code. Such ordinances, resolutions, rules and regulations, and all parts of the same, shall continue to be viable and enforceable by the Municipality. (b) In the event of a conflict between any of the provisions of these Codified Ordinances, or between any of the provisions of these Codified Ordinances and a provision of any standard code adopted by the Municipality pursuant to Ohio R.C. 731.231, the provision that establishes the higher or stricter standard shall control. In the event of a conflict between any of the provisions of these Codified Ordinances and any provision of State law, including rules and regulations promulgated pursuant to State law, the State law, rule or regulation shall control.
202.07 SEVERABILITY. If any provision of a section of these Codified Ordinances, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the section
or related sections which can be given effect without the invalid
provision or application, and to this end the provisions are separable. (ORC
1.50)
202.99 GENERAL CODE PENALTY. (a) Whenever, in this Code or in any ordinance of the Municipality, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be punished by a fine not exceeding five hundred dollars ($500.00), a term of imprisonment not exceeding six months, or both. A separate offense shall be deemed committed each day during or on which a violation continues or occurs. (b) The failure of any officer or employee of the Municipality to perform any official duty imposed by this Code shall not subject the officer or employee to the penalty imposed for a violation unless a penalty is specifically provided for such failure. Statutory reference: Ordinance violations and penalties, see Ohio R.C. 715.67
Editor's note: The State of Ohio operates on Eastern Daylight Savings Time from 2:00 a.m. of the first Sunday in April until 2:00 a.m. of the last Sunday in October. Congress, on March 22, 1966, passed the Uniform Time Act requiring uniform observance throughout the nation of Daylight Savings Time starting in 1967, except that a State legislature could exempt the entire state from Daylight Savings Time or divide a state into not more than two parts, each with a different time standard. The Ohio legislature, through inaction, has elected to observe Eastern Daylight Savings Time throughout the State. On August 8, 2005, the Energy Policy Act of 2005 was enacted. This Act changed the time change dates for Daylight Saving Time in the United States. Beginning in 2007, the State of Ohio begins Daylight Saving Time at 2:00 a.m. on the second Sunday in March and reverts to standard time at 2:00 a.m. on the first Sunday in November. The Secretary of Energy will report the impact of this change to Congress. Congress retains the right to resume the 2005 Daylight Saving Time schedule once the Department of Energy study is complete. There are no sections in Chapter 204. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES State standard of time - see Ohio R.C. 1.04
CHAPTER 206 Public Meetings 206.01 Adoption of rules. CROSS REFERENCES Public meetings see Ohio R.C. 121.22
206.01 ADOPTION OF RULES.
206.02 DEFINITIONS.
206.03 NOTICE OF REGULAR AND ORGANIZATIONAL MEETINGS. (a) The Fiscal Officer shall post a statement of the time and place of regular meetings of each municipal body for each calendar year not later than the second day preceding the day of the first regular meeting (other than the organizational meeting) of the calendar year of that municipal body. The Fiscal Officer shall check at reasonable intervals to ensure that such statement remains so posted during such calendar year. If, at any time during the calendar year, the time or place of regular meetings, or of any regular meeting, is changed on a permanent or temporary basis, a statement of the time and place of such changed regular meetings shall be so posted by the Fiscal Officer at least 24 hours before the time of the first changed regular meeting. (b) The Fiscal Officer shall post a statement of the time and place of any organizational meeting of a municipal body at least 24 hours before the time of such organizational meeting. (c) Upon the adjournment of any regular or special meeting to another day, the Fiscal Officer shall promptly post notice of the time and place of such adjourned meeting.
206.04 NOTICE OF SPECIAL MEETINGS. (a) Except in the case of a special meeting provided for in 206.05(e), the Fiscal Officer shall, not later than 24 hours before the time of a special meeting of a municipal body, post a statement of the time, place and purpose of such special meeting. (b) The statement required under division (a) hereof, and the notifications required under ' 206.05, shall state such specific or general purpose then known to the Fiscal Officer to be intended to be considered at the special meeting and may state, as an additional general purpose, that any other business as may properly come before the municipal body at that meeting may be considered and acted upon.
206.05 NOTICE TO NEWS MEDIA OF SPECIAL MEETINGS.
206.06 NOTIFICATION OF DISCUSSION OF SPECIFIC TYPES OF PUBLIC BUSINESS. (a) Any person, upon written request and as provided for in this chapter, may obtain reasonable advance notification of all meetings at which any specific type of public business is scheduled to be discussed. (b) Such person may file a written request with the Fiscal Officer specifying: the person's name, the address(es) and telephone number(s) at or through which the person can be reached during and outside of business hours; the specific type of public business the discussion of which the person is requesting advance notification of; the municipal body that is the subject of such request; and the number of calendar months (not to exceed three) which the request covers. Such request may be canceled by request from such person to the Fiscal Officer. (c) Each written request must be accompanied by cash, or a check or money order payable to the Municipality, in the amount of ten dollars ($10.00) for each month covered by the request, which amount has been determined by Council to represent a reasonable fee to cover costs of providing such advance notification. (d) The Fiscal Officer shall, if possible, give such advance notification under this section in writing. If such written notification cannot be given or has not been given, the Fiscal Officer shall give oral notification.
206.07 GENERAL PROVISIONS. (a) Any notification provided in this chapter to be given by the Fiscal Officer may be given by any person acting on behalf of or under the authority of the Fiscal Officer. (b) A reasonable attempt at notification shall constitute notification in compliance with this chapter. (c) A certificate by the Fiscal Officer as to compliance with this chapter shall be conclusive upon the Municipality and the municipal body involved. (d) The Fiscal Officer shall maintain a record of the date and manner, and the time, if pertinent under this chapter, of all actions taken with regard to notices and notifications under '' 206.04 through 206.06. (e) To better ensure compliance with this chapter as to notice and notification, it shall be the responsibility of the Chairperson or Secretary of a municipal body other than Council, or the person calling the meetings, to timely advise the Fiscal Officer of future meetings, and of the subject matters to be discussed thereat, of the municipal body.
TITLE FOUR - LegislationCHAPTER 220 Council 220.01 Membership; election; terms of
office. CROSS REFERENCES Passage of ordinances and resolutions see ADM. 222.01
et seq.
220.01 MEMBERSHIP; ELECTION; TERMS OF OFFICE. The legislative power of the Village shall be vested in, and exercised by, a legislative authority which shall be known as Council and which shall be composed of six members, who shall be elected by the electors of the Village at large, for terms of four years. (ORC 731.09)
220.02 PRESIDENT PRO TEMPORE. (a) At the first meeting in January of each year, Council will immediately proceed to elect a President Pro Tempore from its own number, who shall serve until the first meeting in January next after his or her election. Council may provide employees for the Village, as it determines, and employees may be removed at any regular meeting by a majority of the members elected to Council. (b) When the Mayor is absent from the Village or is unable, for any cause, to perform his or her duties, the President Pro Tempore shall be the acting Mayor and shall have the same powers and perform the same duties as the Mayor. (ORC 731.10)
220.03 VACANCY WHEN PRESIDENT PRO TEMPORE BECOMES MAYOR. When the President Pro Tempore of Council becomes the Mayor, the vacancy thus created shall be filled as provided in 220.06, and Council will elect another President Pro Tempore from its own number, who shall have the same rights, powers and duties as his or her predecessor. (ORC 731.11)
220.04 QUALIFICATIONS OF MEMBERS. (b) The purpose of establishing a one-year residency requirement in this section is to recognize that the Municipality has a substantial and compelling interest in encouraging qualified candidacies for election to the office of member of the Council by ensuring that a candidate for the office has every opportunity to become knowledgeable with and concerned about the problems and needs of the area the candidate seeks to represent. In enacting this requirement, the Municipality finds that the one-year period is reasonably related to this purpose, while leaving unimpaired a person's right to travel, to vote, and to be a candidate for public office. (ORC 731.12)
220.05 COMPENSATION AND BONDS OF VILLAGE OFFICERS AND EMPLOYEES. The Council shall fix the compensation and bonds of all officers, clerks, and employees of the Municipality, except as otherwise provided by law. The Council shall, in the case of elective officers, fix their compensation for the ensuing term of office at a meeting held not later than five days prior to the last day fixed by law for filing as a candidate for such office. All bonds shall be made with sureties subject to the approval of the Mayor. The compensation so fixed shall not be increased or diminished during the term for which any officer is elected or appointed. This section does not prohibit the payment of any increased costs of continuing to provide the identical benefits provided to an officer at the commencement of his or her term of office. (ORC 731.13)
220.06 VACANCIES. (a) Except as otherwise provided in division (b) of this section, when the office of a member of the Council becomes vacant, the vacancy shall be filled by election by the Council for the unexpired term. If the Council fails within 30 days to fill the vacancy, the Mayor shall fill it by appointment, except that subject to division (b) of this section, when the vacancy occurs because of the operation of Ohio R.C. 733.25, or a substantially equivalent municipal ordinance, the successor shall hold office only for the period the President Pro Tempore of the Council holds the office of Mayor. (b) When a vacancy occurs in the office of a member of the Council of a village with a population of less than 2,000 because of the operation of Ohio R.C. 733.25, or a substantially equivalent municipal ordinance, at the time the President Pro Tempore becomes Mayor, the President Pro Tempore shall decide whether he or she wishes to serve the remainder of his or her unexpired term as a member of the Council when the Mayor's successor is elected and qualified in accordance with Ohio R.C. 733.25, or a substantially equivalent municipal ordinance. If the President Pro Tempore decides to serve the remainder of his or her unexpired term as a member of the Council, the vacancy on the Council shall not be filled and the President Pro Tempore shall resume serving his or her unexpired term on the Council as soon as the Mayor's successor is elected and qualified. If the President Pro Tempore decides not to resume serving the remainder of his or her unexpired term as a member of the Council as soon as the Mayor's successor is elected and qualified, then the vacancy in the office of the member of the Council shall be filled in accordance with this section. (ORC 731.43)
220.07 JUDGE OF ELECTION AND QUALIFICATION OF MEMBERS; QUORUM AND SPECIAL MEETINGS. The Council shall be the judge of the election and qualification of its members. A majority of all the members elected shall be a quorum, but a less number may adjourn from day to day and compel attendance of absent members in a manner and under penalties as are prescribed by ordinance. The Council shall provide rules for the manner of calling special meetings. (ORC 731.44)
220.08 RULES; JOURNAL; EXPULSION OF MEMBERS. The Council shall determine its own rules, and keep a journal of its proceedings. It may punish or expel any member for disorderly conduct or violation of its rules, and declare his or her seat vacant for absence without valid excuse, where the absence has continued for two months. No expulsion shall take place without the concurrence of two-thirds of all the members elected, and until the delinquent member has been notified of the charge against him or her, and has had an opportunity to be heard. (ORC 731.45)
220.09 MEETINGS. Council will not be required to hold more than one regular meeting in each week. The meetings may be held at a time and place as is prescribed by ordinance and shall, at all times, be open to the public. The Mayor or any three members of Council may call special meetings upon at least 12 hours' notice to each member, served personally or left at his or her usual place of residence. (ORC 731.46)
220.10 GENERAL POWERS. Council will have the management and control of the finances and property of the Village, except as otherwise provided. (ORC 731.47)
220.11 FAILURE TO TAKE OATH OR GIVE BOND. Council may declare vacant the office of any person elected or appointed to the office who, within ten days after he or she has been notified of his or her appointment or election, or obligation to give a new or additional bond, fails to take the required official oath or to give any bond required of him or her. (ORC 731.49)
220.12 NOTICE WHEN NEW BOND REQUIRED. (a) When Council declares, by resolution, that an officer shall give a new bond, written notice shall be served by its Fiscal Officer upon the officer designated, and a copy of the notice, with a statement of the time and place of service, shall be recorded in the proceedings of the Council. (b) If the officer fails to give such new bond, with sureties, to the satisfaction of the Mayor, within ten days after such service, the Council shall declare the office vacant, and the vacancy shall be filled in the manner provided in Title VII of the Ohio Revised Code. (c) When the new bond is accepted or Council declares the office vacant, the sureties in the original bond shall cease to be liable for the acts of such officer done thereafter, but shall continue to be liable for his or her acts then already done. (ORC 731.50)
220.13 CARE, SUPERVISION AND MANAGEMENT OF PUBLIC INSTITUTIONS. Council shall provide by resolution or ordinance for the care, supervision and management of all public parks, baths, libraries, market houses, crematories, sewage disposal plants, houses of refuge and correction, workhouses, infirmaries, hospitals, pesthouses or any of such institutions owned, maintained or established by the Village. When Council determines to plat any of the streets it shall provide for the platting thereof. (ORC 735.27)
CHAPTER 222 Ordinances and Resolutions 222.01 Passage procedure.
CROSS REFERENCES
222.01 PASSAGE PROCEDURE. (a) The following procedures shall apply to the passage of ordinances and resolutions of the Village:
(b) Action by Council, not required by law to be by ordinance or resolution, may be taken by motion approved by at least a majority vote of the members present at the meeting when the action is taken. (ORC 731.17)
222.02 STYLE OF ORDINANCES. The style of all ordinances shall be: "Be it ordained by the .......... (filling the blank with the name of Council of the Village) of ..............., State of Ohio," (filling the blank with the name of the Village.) (ORC 731.18)
222.03 SUBJECT AND AMENDMENT OF ORDINANCES AND RESOLUTIONS. No ordinance or resolution shall contain more than one subject, which shall be clearly expressed in its title. No ordinance or section thereof shall be revived or amended unless the new ordinance contains the entire ordinance or section revived or amended and unless the ordinance or section so amended is repealed. Each such resolution and ordinance shall be adopted or passed by a separate vote of Council and the yeas and nays shall be entered upon the journal. (ORC 731.19)
222.04 AUTHENTICATION AND RECORDING OF ORDINANCES AND RESOLUTIONS. Ordinances and resolutions shall be authenticated by the signature of the Presiding Officer and Fiscal Officer of the Village. Ordinances of a general nature or providing for improvements shall be published as provided by '' 222.05 and 222.07 before going into operation. No ordinance shall take effect until the expiration of ten days after the first publication of such notice. As soon as a resolution or ordinance is passed and signed, it shall be recorded by the Fiscal Officer in a book furnished by Council for that purpose. (ORC 731.20)
222.05 PUBLICATION OF ORDINANCES AND RESOLUTIONS; PROOF OF PUBLICATION AND CIRCULATION. (a) Notwithstanding any conflicting provision of Ohio R.C. 7.12, each municipal ordinance or resolution, or a succinct summary of each municipal ordinance and resolution, and all statements, orders, proclamations, notices and reports required by law or ordinance to be published, shall be published as follows:
(b) If a summary of an ordinance or resolution is published under division (a) hereof, the publication shall contain notice that the complete text of each such ordinance or resolution may be obtained or viewed at the office of the Fiscal Officer and may be viewed at any other location designated by Council. The Legal Counsel of the Village shall review any summary of an ordinance or resolution published under this section prior to forwarding it to the Fiscal Officer for publication, to ensure that the summary is legally accurate and sufficient. (c) Upon publication of a summary of an ordinance or resolution in accordance with this section, the Fiscal Officer shall supply a copy of the complete text of each such ordinance or resolution to any person, upon request, and may charge a reasonable fee, set by Council, for each copy supplied. The Fiscal Officer shall post a copy of the text at his or her office and at every other location designated by Council. (ORC 731.21)
222.06 NOTICE FOR PROPOSED AMENDMENTS TO THE MUNICIPAL CHARTER. In accordance with Section 9 of Article XVIII of the Ohio Constitution, notice of proposed amendments to the Municipal Charter, if and when one is adopted by and for the Village, shall be given in one of the following ways: (a) Not less than 30 days prior to the election at which the amendment is to be submitted to the electors, the Fiscal Officer of the Village shall mail a copy of the proposed Charter amendment to each elector whose name appears upon the poll or registration books of the last regular or general election held therein. (b) The full text of the proposed Charter amendment shall be published once a week for not less than two consecutive weeks in a newspaper published in the Village, with the first publication being at least 15 days prior to the election at which the amendment is to be submitted to the electors. If no newspaper is published in the Village, then such publication shall be made in a newspaper of general circulation within the Village. (ORC 731.211)
222.07 TIMES OF PUBLICATION REQUIRED. The publication required in 222.05 shall be for the following times: (a) Ordinances and resolutions, or summaries of ordinances or resolutions, and proclamations of elections, once a week for two consecutive weeks; (b) Notices, not less than two nor more than four consecutive weeks; and (c) All other matters shall be published once. (ORC 731.22)
222.08 PUBLICATION AND CERTIFICATION OF ORDINANCES IN BOOK FORM. (a) When ordinances are revised, codified, rearranged, published in book form and certified as correct by the Fiscal Officer and the Mayor, the publication shall be a sufficient publication, and the ordinances so published, under appropriate titles, chapters and sections, shall be held the same in law as though they had been published in a newspaper. A new ordinance so published in book form, which has not been published as required by 222.05 and 222.07 and which contains entirely new matter, shall be published as required by those sections. If such revision or codification is made by the Village and contains new matter, it shall be a sufficient publication of such codification, including the new matter, to publish, in the manner required by those sections, a notice of the enactment of such codifying ordinance, containing the title of the ordinance and a summary of the new matters covered by it. Such revision and codification may be made under appropriate titles, chapters and sections and in one ordinance containing one or more subjects. (b) Except as provided by this section, all ordinances, including emergency ordinances, shall be published in accordance with ' 222.05. (ORC 731.23)
222.09 ADOPTION OF TECHNICAL ORDINANCES AND CODES. (a) Council may adopt standard ordinances and codes, prepared and promulgated by the State, or any department, board or other agency thereof, or any code prepared and promulgated by a public or private organization which publishes a model or standard code, including but not limited to codes and regulations pertaining to fire, fire hazards, fire prevention, plumbing, electricity, buildings, refrigeration machinery, piping, boilers, heating or air conditioning, by incorporation by reference. (b) The publication required by 222.05 through 222.11 shall clearly identify such code, shall state the purpose of the code, shall state that a complete copy of the code is on file with the Fiscal Officer for inspection by the public and also on file in the County Law Library and that the Fiscal Officer has copies available for distribution to the public at cost. If Council amends or deletes any provision of such code, the publication shall contain a brief summary of the deletion or amendment. (c) If the agency which originally promulgated or published the code thereafter amends such code, Council may adopt such amendment or change by incorporation by reference in an amending ordinance by the same procedure as required for the adoption of the original code, without the necessity of setting forth in full in the amending ordinance the provisions of the original ordinance or code. (d) Ordinances or codes adopted by the Village under this section shall be deemed to be a full and complete compliance with' 222.05 through 222.11, and no other publication is necessary. (ORC 731.231)
222.10 CERTIFICATE OF FISCAL OFFICER AS TO PUBLICATION. Immediately after the expiration of the period of publication for ordinances or summaries of ordinances required by 222.07, the Fiscal Officer shall enter on the record of ordinances, in a blank to be left for such purpose under the recorded ordinance, a certificate stating in which newspaper and on what dates such publication was made, and shall sign his or her name thereto officially. Such certificate shall be prima facie evidence that legal publication of the ordinance or summary of the ordinance was made. (ORC 731.24)
222.11 PUBLICATION WHEN NO NEWSPAPER PUBLISHED IN VILLAGE. (a) Notwithstanding any conflicting provision of Ohio R.C. 7.12, if no newspaper is published in the Village, according to the provisions of Ohio R.C. 7.12, publication of ordinances and resolutions, or summaries of ordinances and resolutions, and publication of all statements, orders, proclamations, notices and reports, required by law or ordinance to be published, shall be accomplished in either of the following methods, as determined by Council:
(b) Notices to bidders for the construction of public improvements and notices of the sale of bonds shall be published in not more than two newspapers, printed in the State and of general circulation in the Village, for the time prescribed in 222.07. (c) Where such publication is by posting, the Fiscal Officer shall make a certificate as to such posting, and as to the times when and the places where such posting is done, in the manner provided in 222.10, and that certificate shall be prima facie evidence that the copies were posted as required. (ORC 731.25)
222.12 EFFECT OF NOT MAKING PUBLICATION. It is a sufficient defense to any suit or prosecution under an ordinance, to show that no publication or posting was made as required by 222.05 through 222.11. (ORC 731.26)
222.13 ORDINANCES PROVIDING FOR APPROPRIATIONS OR STREET IMPROVEMENTS; EMERGENCY ORDINANCES. Ordinances or other measures providing for appropriations for the current expenses of the Village, or for street improvements petitioned for by the owners of a majority of the feet front of the property benefited and to be especially assessed for the cost thereof, and emergency ordinances or measures necessary for the immediate preservation of the public peace, health or safety in the Village, shall go into immediate effect. Such emergency ordinances or measures must, upon a yea and nay vote, receive a two thirds vote of all the members elected to the legislative authority, and the reasons for such necessity shall be set forth in one section of the ordinance or other measure. (ORC 731.30)
222.14 ORDINANCES AND RESOLUTIONS AS EVIDENCE. Printed copies of the ordinances and resolutions of the Village, published under its authority, and transcripts of any resolutions or ordinances, or of any act or proceeding of the Village, recorded in any book or entered on any minutes or journal kept under the direction of the Village, and certified by the Fiscal Officer, shall be received in evidence throughout the State for any purpose for which the original books, ordinances, minutes or journals would be received. (ORC 731.42)
CHAPTER 224 Initiative and Referendum 224.01 Initiative petitions. CROSS REFERENCES Initiative and referendum see Ohio Const. Art. II, Sec. 1 et
seq.; Ohio R.C. 3519.01 et seq. 224.01 INITIATIVE PETITIONS. (a) Ordinances and other measures providing for the exercise of any powers of government granted by the Constitution or delegated to the Municipality by the General Assembly may be proposed by initiative petition. Such initiative petition must contain the signatures of not less than 10% of the number of electors who voted for Governor at the most recent general election for the office of Governor in the Municipality. (b) When a petition is filed with the Fiscal Officer, signed by the required number of electors proposing an ordinance or other measure, the Fiscal Officer shall, after ten days, transmit a certified copy of the text of the proposed ordinance or measure to the Board of Elections. The Fiscal Officer shall transmit the petition to the Board, together with the certified copy of the proposed ordinance or other measure. The Board shall examine all signatures on the petition to determine the number of electors of the Municipality who signed the petition. The Board shall return the petition to the Fiscal Officer within ten days after receiving it, together with a statement attesting to the number of such electors who signed the petition. (c) The Board shall submit such proposed ordinance or measure for the approval or rejection of the electors of the Municipality at the next general election occurring subsequent to 75 days after the Fiscal Officer certifies the sufficiency and validity of the initiative petition to the Board. No ordinance or other measure proposed by initiative petition and approved by a majority of the electors voting upon the measure in the Municipality shall be subject to the veto of the Mayor. (d) As used in this section, "certified copy" means a copy containing a written statement attesting that it is a true and exact reproduction of the original proposed ordinance or other measure. (ORC 731.28)
224.02 REFERENDUM PETITIONS. (a) Any ordinance or other measure passed by Council shall be subject to the referendum except as provided in 224.03. No ordinance or other measure shall go into effect until 30 days after it is passed by Council, except as provided in 224.03. (b) When a petition, signed by 10% of the number of electors who voted for Governor at the most recent general election for the office of Governor in the Village, is filed with the Fiscal Officer within 30 days after any ordinance or other measure is filed with the Mayor or passed by Council, or, if the Mayor has vetoed the ordinance or any measure and returned it to Council, such petition may be filed within 30 days after Council has passed the ordinance or measure over his or her veto, ordering that such ordinance or measure be submitted to the electors of the Village for their approval or rejection, such Fiscal Officer shall, after ten days, and not later than 4:00 p.m. of the 75th day before the day of election, transmit a certified copy of the text of the ordinance or measure to the Board of Elections. The Fiscal Officer shall transmit the petition to the Board, together with the certified copy of the ordinance or measure. The Board shall examine all signatures on the petition to determine the number of electors of the Village who signed the petition. The Board shall return the petition to the Fiscal Officer within ten days after receiving it, together with a statement attesting to the number of such electors who signed the petition. The Board shall submit the ordinance or measure to the electors of the Village, for their approval or rejection, at the next general election occurring subsequent to 75 days after the Fiscal Officer certifies the sufficiency and validity of the petition to the Board. (c) No such ordinance or measure shall go into effect until approved by the majority of those voting upon it. Sections 224.01 through 224.13 do not prevent the Village, after the passage of any ordinance or other measure, from proceeding at once to give any notice or make any publication required by such ordinance or other measure. (d) As used in this section, "certified copy" means a copy containing a written statement attesting that it is a true and exact reproduction of the original ordinance or other measure. (ORC 731.29)
224.03 MORE THAN ONE ORDINANCE REQUIRED; APPLICATION OF CHAPTER. Whenever Council is required to pass more than one ordinance or other measure to complete the legislation necessary to make and pay for any public improvement, 224.01 through 224.13 shall apply only to the first ordinance or other measure required to be passed and not to any subsequent ordinances and other measures relating thereto. (ORC 731.30)
224.04 PRESENTATION OF PETITIONS. (a) Any initiative or referendum petition may be presented in separate parts, but each part of any initiative petition shall contain a full and correct copy of the title and text of the proposed ordinance or other measure, and each part of any referendum petition shall contain the number and a full and correct copy of the title of the ordinance or other measure sought to be referred. Each signer of any such petition must be an elector of the Village in which the election, upon the ordinance or measure proposed by such initiative petition, or the ordinance or measure referred to by such referendum petition, is to be held. Petitions shall be governed in all other respects by the rules set forth in Ohio R.C. 3501.38. In determining the validity of any such petition, all signatures which are found to be irregular shall be rejected, but no petition shall be declared invalid in its entirety when one or more signatures are found to be invalid, except when the number of valid signatures is found to be less than the total number required by this section. (b) The petitions and signatures upon such petitions shall be prima facie presumed to be in all respects sufficient. No ordinance or other measure submitted to the electors of the Village, and receiving an affirmative majority of the votes cast thereon, shall be held ineffective or void on account of the insufficiency of the petitions by which such submission of the ordinance or measure was procured, nor shall the rejection, by a majority of the votes cast thereon, of any ordinance or other measure submitted to the electors of the Village, be held invalid for such insufficiency. (c) Ordinances proposed by initiative petition and referendums receiving an affirmative majority of the votes cast thereon, shall become effective on the fifth day after the day on which the Board of Elections certifies the official vote on such question. (ORC 731.31)
224.05 COPY OF PROPOSED ORDINANCE OR MEASURE TO BE FILED WITH FISCAL OFFICER. (a) Whoever seeks to propose an ordinance or measure in the Village by initiative petition or files a referendum petition against any ordinance or measure shall, before circulating the petition, file a certified copy of the proposed ordinance or measure with the Village Fiscal Officer. (b) As used in this section, "certified copy" means a copy containing a written statement attesting that it is a true and exact reproduction of the original proposed ordinance or measure or of the original ordinance or measure.
224.06 WORDS TO BE PRINTED IN RED. At the top of each part of the petition mentioned in 224.05, the following words shall be printed in red: NOTICE. Whoever knowingly signs this petition more than once, signs a name other than his or her own, or signs when not a legal voter is liable to prosecution. (ORC 731.33)
224.07 DESIGNATION OF COMMITTEE FILING PETITION; PUBLIC INSPECTION OF PETITIONS; ORDINANCES PASSED OR REPEALED PRIOR TO ELECTION. (a) The petitioners may designate in any initiative or referendum petition a committee of not less than three of their number, who shall be regarded as filing the petition. (b) After a petition has been filed with the Village Fiscal Officer, it shall be kept open for public inspection for ten days. (c) If, after a petition proposing an ordinance or other measure has been filed with such Fiscal Officer, the proposed ordinance or other measure, or a substitute for the proposed ordinance or measure approved by such committee, is passed by Council, the majority of the committee shall notify the Board of Elections in writing and such proposed ordinance or measure shall not be submitted to a vote of the electors. (d) If, after a verified referendum petition has been filed against any ordinance or measure, Council repeals such ordinance or measure, or it is held to be invalid, the Board shall not submit such ordinance or measure to a vote of the electors. (ORC 731.34)
224.08 ITEMIZED STATEMENT BY CIRCULATOR OF PETITION. (a) The circulator of an initiative or referendum petition, or his or her agent, shall, within five days after such petition is filed with the Village Fiscal Officer, file an itemized statement, made under penalty of election falsification, showing in detail:
(b) The statement provided for in division (a) hereof shall not be required from persons who take no other part in circulating a petition than signing declarations to parts of the petition and soliciting signatures to them. (c) Such statement shall be open to public inspection for a period of one year. (ORC 731.35)
224.09 PROHIBITED PRACTICES RELATIVE TO PETITIONS. No person shall, directly or indirectly: (a) Willfully misrepresent the contents of any initiative or referendum
petition;
224.10 ACCEPTING PREMIUMS FOR SIGNING. No person shall accept anything of value for signing an initiative or referendum petition. (ORC 731.38)
224.11 DESTRUCTION OF PETITIONS DURING CIRCULATION. (REPEALED) (Editor's note: Section 224.11 was repealed as part of the 2001 revision of this Model Ohio Municipal Code because substantially equivalent State law (Ohio R.C. 731.39) was repealed by the General Assembly.)
224.12 THREATS IN SECURING SIGNATURES. No person shall, directly or indirectly, by intimidation or threats, influence or seek to influence any person to sign or abstain from signing, or to solicit signatures to or abstain from soliciting signatures to an initiative or referendum petition. (ORC 731.40)
224.13 APPLICATION OF CHARTER IF CHARTER ADOPTED. Sections 224.01 through 224.12 will not apply to the Village if and when it adopts its own Charter containing an initiative and referendum provision for its own ordinances and other legislative measures. (ORC 731.41)
CHAPTER 226 Contracts 226.01 General restriction. CROSS REFERENCES Contracts for utility services without advertising for bids see Ohio R.C.
9.30
226.01 GENERAL RESTRICTION. Council will not enter into any contract which is not to go into full operation during the term for which all the members of Council are elected. (ORC 731.48)
226.02 CONTRACTS BY COUNCIL. All contracts made by the Council shall be executed in the name of the Municipality and signed on its behalf by the Mayor and Fiscal Officer. Except where the contract is for equipment, services, materials or supplies to be purchased under Ohio R.C. 125.04, 713.23(D), or 5513.01, or available from a qualified nonprofit agency pursuant to Ohio R.C. 4115.31 through 4115.35, or required to be purchased from a qualified nonprofit agency under Ohio R.C. 125.60 through 125.6012, when any expenditure, other than the compensation of persons employed in the Municipality, exceeds twenty-five thousand dollars ($25,000.00), such contracts shall be in writing and made to the lowest and best bidder after advertising for not less than two nor more than four consecutive weeks in a newspaper of general circulation within the Municipality. The bids shall be opened and shall be publicly read by the Fiscal Officer or a person designated by the Fiscal Officer at the time, date and place specified in the advertisement to bidders or specifications. The time, date and place of bid openings may be extended to a late date by the Council, provided that written or oral notice of the change shall be given to all persons who have received or requested specifications no later than 96 hours prior to the original time and date fixed for the opening. This section does not apply to the Municipality if an Administrator has been appointed pursuant to the provisions of Ohio R.C. 735.271, or a substantially equivalent municipal ordinance. (ORC 731.14)
226.03 CONTRACTS BY VILLAGE ADMINISTRATOR; CENTRAL PURCHASING. (a) If the Municipality has established the position of Administrator as provided by Ohio R.C. 735.271, or a substantially equivalent municipal ordinance, the Administrator shall make contracts, purchase supplies and materials, and provide labor for any work under the Administrator's supervision involving not more than twenty-five thousand dollars ($25,000.00). When an expenditure, other than the compensation of persons employed by the Municipality, exceeds twenty-five thousand dollars ($25,000.00), the expenditure shall first be authorized and directed by ordinance of the Council. When so authorized and directed, except where the contract is for equipment, services, materials, or supplies to be purchased under Ohio R.C. 125.04, 713.23(D), or 5513.01 or available from a qualified nonprofit agency pursuant to Ohio R.C. 4115.31 through 4115.35, or required to be purchased from a qualified nonprofit agency under Ohio R.C. 125.60 through 125.6012, the Administrator shall make a written contract with the lowest and best bidder after advertisement for not less than two nor more than four consecutive weeks in a newspaper of general circulation within the Municipality. The bids shall be opened and shall be publicly read by the Administrator or a person designated by the Administrator at the time, date and place specified in the advertisement to bidders or specifications. The time, date and place of bid openings may be extended to a later date by the Administrator, provided that written or oral notice of the change shall be given to all persons who have received or requested specifications no later than 96 hours prior to the original time and date fixed for the opening. All contracts shall be executed in the name of the Municipality and signed on its behalf by the Administrator and the Fiscal Officer. (b) The Council may provide, by ordinance, for central purchasing for all offices, departments, divisions, boards, and commissions of the Municipality, under the direction of the Administrator who shall make contracts, purchase supplies or materials, and provide labor for any work of the Municipality in the manner provided by this section. (ORC 731.141)
226.04 BIDS AND PROCEEDINGS. Each bid on any contract under 226.02 or 226.03 shall contain the full name of every person interested in such bid. If the bid is for a contract for the construction, demolition, alteration, repair or reconstruction of an improvement, it shall meet the requirements of Ohio R.C. 153.54. If the bid is for any other contract authorized by 226.02 or 226.03, it shall be accompanied by a sufficient bond or certified check, cashier's check or money order on a solvent bank or savings and loan association, guaranteeing that if the bid is accepted, a contract will be entered into and the performance of it properly secured. If the bid for work embraces both labor and materials, it shall be separately stated, with the price thereof. Council or, in the event a Village Administrator has been appointed as provided by Ohio R.C. 735.271, the Village Administrator, may reject any and all bids. The contract shall be between the Village and the bidder, and the Village shall pay the contract price in cash. When a bonus is offered for completion of a contract prior to a specified date, Council or, in the event a Village Administrator has been appointed as provided by Ohio R.C. 735.271, the Village Administrator, may exact a prorated penalty in like sum for each day of delay beyond the specified date. When there is reason to believe there is collusion or combination among bidders, the bids of those concerned therein shall be rejected. (ORC 731.15)
226.05 AWARD TO LOWEST RESPONSIBLE BIDDER. (a) (1) If the Village is required by law or by an ordinance or resolution adopted under division (c) hereof to award a contract to the lowest responsive and responsible bidder, a bidder on the contract shall be considered responsible if his or her proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give him or her a competitive advantage. The factors that the Village shall consider in determining whether a bidder on the contract is responsible include the experience of the bidder, his or her financial condition, his or her conduct and performance on previous contracts, his or her facilities, his or her management skills and his or her ability to execute the contract properly. (2) For purposes of this division, the provision of a bid guaranty in accordance with Ohio R.C. 153.54(A)(1) and (B) issued by a surety licensed to do business in this State is evidence of financial responsibility, but the Municipality may request additional financial information for review from an apparent low bidder after it opens all submitted bids. The Municipality shall keep additional financial information it receives pursuant to a request under this division confidential, except under proper order of a court. The additional financial information is not a public record under Ohio R.C. 149.43. (3) An apparent low bidder found not to be responsive and responsible shall be notified by the Municipality of that finding and the reasons for it. The notification shall be given in writing and by certified mail. (b) Where the Village has adopted an ordinance or resolution under division (c) hereof and determines to award a contract to a bidder other than the apparent low bidder or bidders for the construction, reconstruction, improvement, enlargement, alteration, repair, painting or decoration of a public improvement, it shall meet with the apparent low bidder or bidders upon a filing of a timely written protest. The protest must be received within five days of the notification required in division (a) hereof. No final award shall be made until the Village either affirms or reverses its earlier determination. Notwithstanding any other provision of the Ohio Revised Code, the procedure described in this division is not subject to Ohio R.C. Chapter 119. (c) The Village may, by ordinance or resolution, adopt a policy of requiring each competitively bid contract it awards to be awarded to the lowest responsive and responsible bidder in accordance with this section. (ORC 9.312)
226.06 ALTERATIONS OR MODIFICATIONS OF CONTRACTS. When it becomes necessary, in the opinion of Council or, in the event a Village Administrator has been appointed as provided by Ohio R.C. 735.271, the Village Administrator, in the prosecution of any work under contract, to make alterations or modifications in such contract, such alterations or modifications shall be made only by Council by resolution or, in the event a Village Administrator has been appointed as provided by Ohio R.C. 735.271 or 234.01, such alterations or modifications shall be made only by the Village Administrator in writing, but such resolution or written modification shall be of no effect until the price to be paid for the work and material, or both, under the altered or modified contract, has been agreed upon in writing and signed by the contractor and by the Mayor or, in the event a Village Administrator has been appointed as provided by Ohio R.C. 735.271 or 234.01, by the Village Administrator, on behalf of the Village. No contractor shall recover anything for work or material because of any alteration or modification unless the contract is made as provided by this section, nor shall he or she recover for such work or material, or either, more than the agreed price. The law relating to requiring bids and the awarding of contracts for public buildings, so far as they apply, shall remain in effect. A duplicate copy of each contract shall be filed in the office of the Village Fiscal Officer. (ORC 731.16)
TITLE SIX AdministrationChap. 230. Administration Generally.
CHAPTER 230 Administration Generally 230.01 Executive power in general. CROSS REFERENCES Classification of cities and villages see Ohio Const. Art. XVIII, Sec. 1
230.01 EXECUTIVE POWER IN GENERAL. The executive power of the Village shall be vested in the Mayor, the Fiscal Officer, the Treasurer, the Marshal, the Street Commissioner and such other officers and departments as are created by law. (ORC 733.23)
CHAPTER 232 Mayor 232.01 Term; qualifications; powers. CROSS REFERENCES Contracts see ADM. 226.02
232.01 TERM; QUALIFICATIONS; POWERS.
232.02 VACANCY. When the Mayor is absent from the Village or is unable for any cause to perform his or her duties, the President Pro Tempore of Council shall be Acting Mayor. In case of the death, resignation or removal of the Mayor, the President Pro Tempore shall become the Mayor and shall hold the office until his or her successor is elected and qualified. Such successor shall be elected to the office for the unexpired term, at the first regular municipal election that occurs more than 40 days after the vacancy has occurred, except that when the unexpired term ends within one year immediately following the date of such election, an election to fill such unexpired term shall not be held and the President of Council shall hold the office for such unexpired term. (ORC 733.25)
232.03 GENERAL DUTIES. The Mayor shall perform all the duties prescribed by the bylaws and ordinances of the Village. He or she shall see that all ordinances, bylaws and resolutions of Council are faithfully obeyed and enforced. He or she shall sign all commissions, licenses and permits granted by Council, or authorized by Title VII of the Ohio Revised Code, and such other instruments as by law or ordinance require his or her certificate. (ORC 733.30)
232.04 COMMUNICATIONS TO COUNCIL. The Mayor shall communicate to Council from time to time a statement of the finances of the Village, and such other information relating thereto and to the general condition of the affairs of the Village as he or she deems proper or as is required by Council. (ORC 733.32)
232.05 PROTEST AGAINST EXCESS OF EXPENDITURES. If, in the opinion of the Mayor, an expenditure, authorized by Council, exceeds the revenues of the Village for the current year, he or she shall protest against the expenditure, and enter such protest, and the reason therefor, on the journal of Council. (ORC 733.33)
232.06 SUPERVISION OF CONDUCT OF OFFICERS. The Mayor shall supervise the conduct of all the officers of the Village, inquire into and examine the grounds of all reasonable complaints against any of such officers, and cause their violations or neglect of duty to be promptly punished or reported to the proper authority for correction. (ORC 733.34)
232.07 CHARGES AGAINST DELINQUENT OFFICERS. The Mayor shall have general supervision over each department and the officers provided for in Title VII of the Ohio Revised Code. When the Mayor has reason to believe that the head of a department or such officer has been guilty, in the performance of his or her official duty, of bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality or habitual drunkenness, he or she shall immediately file with Council, except when the removal of such head of the department or officer is otherwise provided for, written charges against such person, setting forth in detail a statement of such alleged guilt, and, at the same time, or as soon thereafter as possible, serve a true copy of such charges upon the person against whom they are made. Such service may be made on the person or by leaving a copy of the charges at the office of such person. Return thereof shall be made to Council, as is provided for the return of the service of summons in a civil action. (ORC 733.35)
232.08 HEARING OF CHARGES; ACTION OF COUNCIL. Charges filed with Council under 232.07 shall be heard at the next regular meeting thereof, unless Council extends the time for the hearing, which shall be done only on the application of the accused. The accused may appear in person and by counsel, examine all witnesses and answer all charges against him or her. The judgment or action of Council shall be final, but to remove such officer the votes of two thirds of all members elected thereto shall be required. (ORC 733.36)
232.09 SUSPENSION OF ACCUSED PENDING HEARING. Pending any proceedings under 232.07 and 232.08, an accused person may be suspended by a majority vote of all members elected to Council, but such suspension shall not be for a longer period than 15 days, unless the hearing of the charges is extended upon the application of the accused, in which event the suspension shall not exceed 30 days. (ORC 733.37)
232.10 POWER OF COUNCIL AS TO PROCESS. For the purpose of investigating charges filed pursuant to 232.07 against the head of any department or officer, Council may issue subpoenas or compulsory process to compel the attendance of persons and the production of books and papers before it, and Council may provide by ordinance for exercising and enforcing this section. (ORC 733.38)
232.11 OATHS; COMPULSORY TESTIMONY; COSTS. In all cases in which the attendance of witnesses may be compelled for an investigation under 232.10, any member of Council may administer the requisite oaths, and Council has the same power to compel the giving of testimony by attending witnesses as is conferred upon courts. In all such cases, witnesses shall be entitled to the same privileges, immunities and compensation as are allowed witnesses in civil cases, and the costs of all such proceedings shall be payable from the General Fund of the Village. (ORC 733.39)
232.12 DISPOSITION OF FINES AND OTHER MONEYS. (a) Except as otherwise provided in Ohio R.C. 4511.193, all fines, forfeitures and costs in ordinance cases and all fees collected by the Mayor, or which in any manner come into his or her hands, or which are due such Mayor or the Chief of Police or other officer of the Village, any other fees and expenses which have been advanced out of the Treasury of the Village, and all money received by such Mayor for the use of the Village, shall be paid by him or her into the Treasury on the first Monday of each month. At the first regular meeting of Council each month, the Mayor shall submit a full statement of all money received, from whom and for what purposes received, and when paid into the Treasury. Except as otherwise provided by Ohio R.C. 3375.50 through 3375.52 or 4511.99, all fines and forfeitures collected by the Mayor in State cases, together with all fees and expenses collected which have been advanced out of the County Treasury, shall be paid by him or her to the County Treasury on the first business day of each month. Except as otherwise provided by Ohio R.C. 3375.50 through 3375.52 or 4511.99, the Mayor shall pay all court costs and fees collected by the Mayor in State cases into the Municipal treasury on the first business day of each month. (b) This section does not apply to fines collected by the Mayor's Court for violations of Ohio R.C. 4513.263(B) or 438.29 of the Traffic Code, all of which shall be forwarded to the State Treasurer as provided in Ohio R.C. 4513.263(E) and 438.29 of the Traffic Code. (ORC 733.40)
232.13 ANNUAL REPORT TO COUNCIL. At the first regular meeting in January of each year, and at such other times as the Mayor deems expedient, he or she shall report to Council concerning the affairs of the Village, and recommend such measures as seem proper to him or her. (ORC 733.41)
CHAPTER 234 Village Administrator 234.01 Appointment; removal; abolishment of
position. CROSS REFERENCES Streets and public grounds see Ohio R.C. Ch. 723
234.01 APPOINTMENT; REMOVAL; ABOLISHMENT OF POSITION. (a) In accordance with Ohio R.C. 735.271, there is hereby created the position of Village Administrator for the Village of Grand Rapids, Ohio. (b) The Village Administrator shall have those powers, duties and functions as provided by the laws of the state of Ohio, as set forth in the Ohio Revised Code, as set forth in Ohio R.C. 735.273. (c) The Village Administrator's term of service and appointment shall all be as set forth in Ohio R. C. 735.271. (Ord. 78-5, passed 6-26-1978) Statutory reference: Village Administrator, see Ohio R.C. 735.271
234.02 ABOLISHMENT AND RE ESTABLISHMENT OF BOARD OF PUBLIC AFFAIRS. (a) Upon the establishment of the position of Village Administrator, his or her appointment by the Mayor and confirmation by Council, as provided by ' 234.01, the Board of Trustees of Public Affairs, if such a Board has been created, shall be abolished and the term of office of members of such Board shall terminate. All contracts entered into by such Board and rules and regulations promulgated and other action taken by such Board shall continue in effect until they have terminated of their own accord or until they have been modified, changed, revised, amended or repealed in the manner provided by law. (b) If Council abolishes the position of Village Administrator, as provided by 234.01, a Board of Trustees of Public Affairs shall be established by operation of law and the Mayor shall appoint three members of such Board, subject to the confirmation of Council, who shall serve until the successors of such appointed members have been elected at the next regular election of municipal officers held in the Village occurring more than 100 days after the appointment of such members by the Mayor. Such Board shall have those powers and duties as provided by law. (ORC 735.272)
234.03 POWERS AND DUTIES OF VILLAGE ADMINISTRATOR. (a) The Village Administrator appointed under 234.01 shall manage, conduct and control the water works, electric light plants, artificial or natural gas plants or other similar public utilities, furnish supplies of water, electricity or gas, and collect all water, electric and gas rents. (b) The Village Administrator may make such bylaws and regulations as he or she deems necessary for the safe, economical and efficient management and protection of such works, plants and public utilities. Such bylaws and regulations, when not repugnant to municipal ordinances and resolutions or to the Constitution of the State, shall have the same validity as ordinances. (c) The rates for service and charges for municipally owned utilities shall be determined by Council. (d) The Village Administrator shall have the same powers and perform the same duties as are provided in Ohio R.C. 743.05 through 743.07, 743.10, 743.11, 743.18 and 743.24, and all powers and duties relating to water works in any of such sections shall extend to and include electric light, power and gas plants and other similar public utilities. (e) The Village Administrator shall supervise the improvement and repair of streets, avenues, alleys, lands, lanes, squares, landings, market houses, bridges, viaducts, sidewalks, sewers, drains, ditches, culverts, ship channels, streams and watercourses, as well as the lighting, sprinkling and cleaning of all streets, alleys and public buildings and places. (f) The Village Administrator shall appoint officers, employees, agents, clerks and assistants, provided such positions are first authorized by Council, but such appointments shall be subject to approval by the Mayor. Such appointments and the Mayor's approval thereof shall be in writing and shall be filed with the Village Fiscal Officer. (g) The Village Administrator shall be under the general supervision and control of the Mayor and shall have such other powers and duties as are prescribed by ordinance or by law and which are not inconsistent herewith. The Village Administrator shall perform all duties and shall have all powers of boards of public affairs and street commissioners as prescribed by law, except as otherwise provided by this section and in 234.01 and 234.02. (ORC 735.273) (h) The Village Administrator is hereby appointed the designee for the Mayor and Council members of the Village to obtain the required three hours training required by House Bill 9 (Ohio's Open Record Law). (Ord. 2007-7, passed 11-12-2007)
234.04 AUTHORITY TO RESIDE OUTSIDE VILLAGE. The Village Administrator is hereby authorized to live outside of the corporate limits of the Village until such time as Council otherwise provides. (Ord. 78 3, passed 6 26 1978
CHAPTER 236 Village Solicitor 236.01 Appointment; term; compensation. CROSS REFERENCES Appointment in commission plan of government see Ohio R.C. 705.46
236.01 APPOINTMENT; TERM; COMPENSATION.
236.02 APPOINTMENT OF SOLICITOR; TERM; COMPENSATION; BENEFITS. The Village Solicitor shall be appointed by the Mayor, approved by Village Council, and shall serve until his or her successor is duly appointed and approved. The Solicitor shall be an employee of the Village and shall receive the gross amount of two hundred fifty dollars ($250.00) per month. The Solicitor's salary shall include his or her services for all telephone calls, written correspondence and letters, and opinions, whether written or verbal, including personnel opinions with respect to members of Village Council, the Mayor and employees of the Village. In addition, the Solicitor shall be paid on an hourly basis at the rate of seventy five dollars ($75.00) per hour for all matters concerning litigation in courts or public agencies, bonding services, assessment issues, real estate searches, and personnel disputes, or claims that may lead to formal action before an agency or court of law. The entire amount due the Public Employee's Retirement System of Ohio shall be payable by the Solicitor and shall be deducted from his or her bi weekly pay for PERS coverage. The Solicitor shall not be eligible for vacation accrual or sick time, but shall be eligible for the Village Medical Insurance Plan. In the event the Solicitor chooses to participate in the Village Medical Insurance Plan, he or she shall be responsible for the entire cost thereof and the premium shall be deducted from his or her salary as aforesaid. Compensation shall be paid from the General Fund in the same manner as all other employees of the Village. (Ord. 97 4, passed 12 22 1997)
CHAPTER 238 Village Clerk (Repealed) Editor's note: The office of Village Clerk was replaced by the Fiscal Officer. For provisions concerning the Fiscal Officer, see Chapter 241. CHAPTER 240 Village Treasurer (Repealed) Editor's note: The office of Village Treasurer was replaced by the Fiscal Officer. For provisions concerning the Fiscal Officer, see Chapter 241.
CHAPTER 241 Village Fiscal Officer 241.01 POSITION CREATED. (a) In accordance with Ohio R.C. 733.262, there is hereby created the position of Village Fiscal Officer. The salary of the Village Fiscal Officer shall be an amount to be set by Council from time to time, payable in monthly installments. This amount may be modified in the future by the annual Village pay ordinance. (b) The Village Fiscal Officer shall have those powers, duties and functions as provided for by the general laws of the State of Ohio. (c) The Village Fiscal Officer shall hold office in lieu of the Village having an elected Village Clerk from this date forward. (Ord. 2003-1, passed 3-10-2003)
CHAPTER 242 Village Street Commissioner 242.01 Appointment; term; qualifications; vacancy;
eligibility of Police Chief. CROSS REFERENCES Streets and public grounds see Ohio R.C. Ch. 723 242.01 APPOINTMENT; TERM; QUALIFICATIONS; VACANCY; ELIGIBILITY OF POLICE CHIEF. (a) So long as the Village has not provided for the appointment of a Village Administrator under Ohio R.C. 735.271 or 234.01, a Street Commissioner shall be appointed by the Mayor and confirmed by Council for a term of one year. He or she need not be a resident of the Village at the time of his or her appointment, but shall become a resident thereof within six months after his or her appointment and confirmation unless such residence requirement is waived by ordinance. Vacancies in the office of Street Commissioner shall be filled by the Mayor for the unexpired term. (b) The appointment of a Street Commissioner shall include a probationary period of six months. If an appointment is made for an unexpired term, and if the same Village Street Commissioner is reappointed at the end of that term, the probationary period shall continue into his or her next term. No appointment is final until the appointee has satisfactorily completed his or her probationary period. If the service of the appointee is unsatisfactory during the probationary period, he or she may be removed by the Mayor of the Village and the reasons for the removal shall be communicated to Council. If a person is appointed to successive terms as Street Commissioner, he or she shall serve only one six month probationary period during those successive terms. (c) The Marshal (Chief of Police) shall be eligible to appointment as Street Commissioner. (ORC 735.31)
242.02 GENERAL DUTIES. Under the direction of the Mayor or other chief executive officer, the Street Commissioner, or an engineer, when one is provided by Council, shall supervise the improvement and repair of streets, avenues, alleys, lands, lanes, squares, wards, landings, market houses, bridges, viaducts, sidewalks, sewers, drains, ditches, culverts, ship channels, streams and watercourses. Such Commissioner or engineer shall also supervise the lighting, sprinkling and cleaning of all public places, and shall perform other duties, consistent with the nature of his or her office, as the Mayor or other chief executive officer requires. (ORC 735.32)
242.03 ASSISTANTS. The Street Commissioner or engineer mentioned in ' 242.02 shall have such assistants as Council provides, who shall be employed by the Street Commissioner and serve for such time and compensation as is fixed by Council. (ORC 735.33)
CHAPTER 244 Village Sealer of Weights and Measures Editor's note: Chapter 244 was repealed as part of the 2001 revision of this Model Ohio Municipal Code because of its limited applicability to villages. Consult Ohio R.C. 733.63 et seq. for current provisions regarding the powers and duties of sealers of weights and measures. CROSS REFERENCES Weights and measures see U.S. Const. Art. I, ' 8
CHAPTER 248 Police Department Editor's note: Pursuant to 248.15 of this chapter, Ordinance 96 5, passed March 11, 1996, authorized a contract with the Wood County Sheriff for police protection. Copies of this ordinance and of the contract may be obtained, at cost, from the Village Fiscal Officer. 248.01 Marshal and Chief of Police
synonymous. CROSS REFERENCES Recovered property and disposition see Ohio R.C. 737.29 et seq., 4513.60
et seq.; GEN. OFF. 608.16
248.01 MARSHAL AND CHIEF OF POLICE SYNONYMOUS. The designation "Marshal," wherever used in these Codified Ordinances, is hereby defined to include "Chief of Police," and "Chief of Police" is defined to include "Marshal."
248.02 APPOINTMENT OF CHIEF; QUALIFICATIONS. (a) The Village shall have a marshal, designated the Chief of Police, appointed by the Mayor with the advice and consent of Council, who need not be a resident of the Village at the time of his or her appointment, but shall become a resident of the Village or Grand Rapids Township within six months after his or her appointment by the Mayor and confirmation by Council, unless such residence requirement is waived by ordinance, and who shall continue in office until removed therefrom as provided by 248.06. (Ord. 93 5, passed 3 22 1993) (b) No person shall receive an appointment under this section unless, not more than 60 days prior to receiving an appointment, the person has passed a physical examination given by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that the person meets the physical requirements necessary to perform the duties of Marshal as established by the Council. The appointing authority shall, prior to making any appointment, file with the Ohio Police and Fire Pension Fund a copy of the report or findings of this licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The professional fee for the physical examination shall be paid for by the Council. (ORC 737.15)
248.03 DEPUTY MARSHALS AND POLICE OFFICERS. (a) The Mayor shall, when provided for by Council, and subject to its confirmation, appoint all deputy marshals, police officers, night security officers and special police officers. All such officers shall continue in office until removed therefrom for the cause and in the manner provided by 248.08. (b) No person shall receive an appointment under this section unless the person has, not more than 60 days prior to receiving appointment, passed a physical examination given by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that the person meets the physical requirements necessary to perform the duties of the position to which the person is to be appointed as established by the Council. The appointing authority shall, prior to making any appointment, file with the Ohio Police and Fire Pension Fund a copy of the report or findings of the licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The professional fee for such physical examination shall be paid for by the Council. (ORC 737.16)
248.04 AUXILIARY POLICE UNIT; PARKING ENFORCEMENT UNIT.
248.045 APPOINTMENT OF FELONS AND CERTAIN MISDEMEANANTS; TERMINATION.
248.05 PROBATIONARY PERIOD; FINAL APPOINTMENT. Any appointments made shall be for a probationary period of six months' continuous service, and no appointments shall be finally made until the appointee has satisfactorily served his or her probationary period. At the end of the probationary period the Mayor shall transmit to Council a record of such employee's service with his or her recommendations thereon and he or she may, with the concurrence of Council, remove or finally appoint the employee. (ORC 737.17)
248.06 REMOVAL PROCEEDINGS; SUSPENSION; APPEALS. (a) Except as provided in 248.045, if the Mayor has reason to believe that the duly appointed Marshal of the Village has been guilty of incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other acts of misfeasance, malfeasance or nonfeasance in the performance of the Marshal's official duty, the Mayor shall file with Council written charges against that person, setting forth in detail the reason for the charges, and immediately shall serve a true copy of the charges upon the person against whom they are made. (b) Charges filed under this section shall be heard at the next regular meeting of Council occurring not less than five days after the date those charges have been served on the person against whom they are made. The person against whom those charges are filed may appear in person and by counsel at the hearing, examine all witnesses and answer all charges against that person. (c) At the conclusion of the hearing, Council may dismiss the charges, suspend the accused from office for not more than 60 days or remove the accused from office. (d) Action of Council removing or suspending the accused from office requires the affirmative vote of two thirds of all members elected to it. (e) In the case of removal from office, the person so removed may appeal on questions of law and fact the decision of Council to the Court of Common Pleas. The person shall take the appeal within ten days from the date of the finding of Council. (ORC 737.171)
248.07 GENERAL POWERS OF OFFICERS. (a) The Marshal shall be the peace officer of the Village and the executive head, under the Mayor, of the police force. The Marshal and the deputy marshals, police officers or night security officers under him or her shall have the powers conferred by law upon police officers in all villages of the State, and such other powers, not inconsistent with the nature of their offices, as are conferred by ordinance. (b) The Marshal, a deputy marshal or a police officer of the Village may participate, as the director of an organized crime task force established under Ohio R.C. 177.02 or as a member of the investigatory staff of such a task force, in an investigation of organized criminal activity in any county of the State under Ohio R.C. 177.01 to 177.03. (ORC 737.18)
248.08 POWERS AND DUTIES OF POLICE CHIEF.
248.09 DISPOSITION OF MONEYS COLLECTED BY POLICE CHIEF. All fees, costs, fines and penalties collected by the Marshal shall immediately be paid to the Mayor, who shall report to Council monthly the amount thereof, from whom and for what purpose collected, and when paid to the Mayor. (ORC 737.20)
248.10 DISPOSITION OF PROPERTY RECOVERED BY POLICE. (a) Stolen or other property recovered by members of the police force of the Village shall be deposited and kept in a place designated by the Mayor. Each such article shall be entered in a book kept for that purpose, with the name of the owner, if ascertained, the person from whom taken, the place where found with general circumstances, the date of its receipt, and the name of the officer receiving it. (b) An inventory of all money or other property shall be given to the party from whom taken, and in case it is not claimed by some person within 30 days after arrest and seizure it shall be delivered to the person from whom taken, and to no other person, either attorney, agent, factor or clerk, except by special order of the Mayor. (ORC 737.29)
248.11 FAILURE TO DEPOSIT RECOVERED PROPERTY. (REPEALED) (Editor's note: Section 248.11 was repealed as part of the 2004 revision of this Model Ohio Municipal Code because substantially equivalent State law (Ohio R.C. 737.30) was repealed by the General Assembly.)
248.12 DISPOSITION OF PROPERTY TO CLAIMANT. If, within 30 days, the money or property recovered under 248.10 is claimed by any other person, it shall be retained by the custodian thereof until after the discharge or conviction of the person from whom it was taken and so long as it is required as evidence in any case in court. If the claimant establishes to the satisfaction of the Court that he or she is the rightful owner, the money or property shall be restored to him or her; otherwise it shall be returned to the accused person, personally, and not to any attorney, agent, factor or clerk of such accused person, except upon special order of the Mayor after all liens and claims in favor of the Village have first been discharged and satisfied. (ORC 737.31)
248.13 SALE OF UNCLAIMED PROPERTY; DISPOSITION OF
PROCEEDS. (b) If authorized to do so by an ordinance adopted by the Council and if the property involved is not required to be disposed of pursuant to another section of the Ohio Revised Code, the Police Chief or Marshal may contribute property that is unclaimed for 90 days or more to one or more public agencies, to one or more nonprofit organizations no part of the net income of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation, or to one or more organizations satisfying Internal Revenue Code section 501(c)(3) or (c)(19). (ORC 737.32)
248.14 EXPENSES OF STORAGE AND SALE; NOTICE. Upon the sale of any unclaimed or impounded property as provided in 248.13, if any such unclaimed or impounded property was ordered removed to a place of storage or stored, or both, by or under the direction of the Chief of Police or Marshal, any expenses or charges for such removal or storage, or both, and costs of sale, provided the same are approved by such Chief of Police, shall first be paid from the proceeds of such sale. Notice shall be given by registered mail, 30 days before the date of the sale, to the owner and mortgagee, or other lien holder, at their last known address. (ORC 737.33)
248.15 CONTRACTS FOR POLICE PROTECTION. (a) Council, in order to obtain police protection or to obtain additional police protection or to allow police officers to work in multijurisdictional drug, gang or career criminal task forces, may enter into contracts with one or more municipal corporations, townships, township police districts or county sheriffs in the State, with one or more park districts created pursuant to Ohio R.C. 511.18 or 1545.01, with one or more port authorities, or with a contiguous municipal corporation in an adjoining state, upon any terms that are agreed upon, for services of police departments or the use of police equipment or for the interchange of services of police departments or police equipment within the several territories of the contracting subdivisions. (b) Ohio R.C. Chapter 2744, insofar as it applies to the operation of police departments, shall apply to the contracting political subdivisions and to the Police Department members when they are rendering service outside their own subdivisions pursuant to the contracts. (c) Police Department members acting outside the subdivision in which they are employed, pursuant to a contract entered into under this section, shall be entitled to participate in any indemnity fund established by their employer to the same extent as while acting within the employing subdivision. Those members shall be entitled to all the rights and benefits of Ohio R.C. Chapter 4123, to the same extent as while performing service within the subdivision. (d) The contracts may provide for:
248.16 NONRESIDENT SERVICE WITHOUT CONTRACT. (b) Ohio R.C. Chapter 2744, insofar as it applies to the operation of police departments, shall apply to the Village and to members of its Police Department when the members are rendering police services pursuant to this section outside the Village. (c) Police Department members acting, as provided in this section, outside the Village, shall be entitled to participate in any pension or indemnity fund established by their employer to the same extent as while acting within the Village. Those members shall be entitled to all the rights and benefits of Ohio R.C. Chapter 4123, to the same extent as while performing services within the Village. (ORC 737.041)
CHAPTER 252 Fire Department 252.01 Authority to establish regulations and
Department; hours of duty. CROSS REFERENCES Firefighters' Pension and Disability Fund see Ohio R.C. Ch.
742 252.01 AUTHORITY TO ESTABLISH REGULATIONS AND
DEPARTMENT; HOURS OF DUTY.
252.02 APPOINTMENTS OF FIRE CHIEF, FIRE PREVENTION OFFICER AND FIREFIGHTERS; CRIMINAL RECORDS CHECK FOR FIREFIGHTERS. (a) Each municipality establishing a Fire Department shall have a Fire Chief as the Department's head, appointed by the Mayor with the advice and consent of the Legislative Authority, who shall continue in office until removed from office as provided by Ohio R.C. 733.35 through 733.39. Neither this section nor any section of the Ohio Revised Code requires, or shall be construed to require, that the Fire Chief be a resident of the Municipality. (b) In each municipality not having a fire department, the Mayor shall, with the advice and consent of the Legislative Authority, appoint a Fire Prevention Officer who shall exercise all of the duties of a Fire Chief, except those involving the maintenance and operation of fire apparatus. (c) The Legislative Authority may fix the compensation it considers best. The appointee shall continue in office until removed from office as provided by Ohio R.C. 733.35 to 733.39. The provisions of 252.03 shall extend to the Fire Prevention Officer. (d) The Legislative Authority may provide for the appointment of permanent full-time paid firefighters as it considers best and fix their compensation, or for the services of volunteer firefighters, who shall be appointed by the Mayor with the advice and consent of the Legislative Authority, and shall continue in office until removed from office. (e) No person shall be appointed as a permanent full-time paid firefighter of the Municipality unless either of the following applies:
(f) No person who is appointed as a volunteer firefighter of the Municipality shall remain in that position unless either of the following applies:
(g) No person shall receive an appointment under this section unless the person has, not more than 60 days prior to receiving the appointment, passed a physical examination given by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that the person meets the physical requirements necessary to perform the duties of the position to which the person is to be appointed as established by the Council. The appointing authority shall, prior to making an appointment, file with the Ohio Police and Fire Pension Fund or the Local Volunteer Firefighter's Dependents Fund Board a copy of the report or findings of that licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The professional fee for the physical examination shall be paid for by the Council. (ORC 737.22) (h) Criminal records check for firefighters.
252.03 SCHOOLING OF OFFICERS AND FIREFIGHTERS. Council may send any of the officers and firefighters of its Fire Department to schools of instruction designed to promote the efficiency of firefighters, and, if authorized in advance, pay their necessary expenses from the funds used for the maintenance and operation of such Department. (ORC 737.23)
252.04 PURCHASE OF ENGINES AND EQUIPMENT. Council may purchase the necessary fire engines and such other equipment as is necessary for the extinguishment of fires and the saving of lives, and may establish lines of fire alarm telegraph within the limits of the Village. (ORC 737.24)
252.05 BUILDINGS FOR DEPARTMENT. Council may provide or erect necessary and suitable buildings containing rooms for fire engines and other equipment and provide for the meetings of the fire and hose companies. (ORC 737.25)
252.06 EXEMPTION OF VOLUNTEER FIREFIGHTERS FROM JURY SERVICE. (REPEALED) (Editor's Note: Section 252.06 was repealed as part of the 1999 updating and revision of these Codified Ordinances because substantially identical State law (Ohio R.C. 737.26) was repealed by Sub. S.B. No. 69, effective April 16, 1998.)
252.07 INVESTIGATION OF FIRES. (a) The Council may invest any officer of the Fire or Police Department with the power, and impose on him or her the duty, to be present at all fires, investigate the cause thereof, examine witnesses, compel the attendance of witnesses and the production of books and papers, and to do and perform all other acts necessary to the effective discharge of such duties. (b) Such officer may administer oaths, make arrests, and enter for the purpose of examination any building which, in his or her opinion, is in danger from fire. The officer shall report his or her proceedings to the Council at such times as are required. (ORC 737.27)
252.08 REGULATION OF CONSTRUCTION IN FIRE LIMITS. Council may regulate the erection of houses and business structures and prohibit the erection of buildings within such limits as it deems proper, unless the outer walls are constructed of noncombustible material, and, on the petition of the owners of not less than two thirds of the ground included in any square or half square, may prohibit the erection thereon of any building, or addition to any building more than ten feet high, unless the outer walls are made of iron, stone, brick and mortar, or of some of them, and may provide for the removal of any building or additions erected in violation of such prohibition. (ORC 737.28)
252.09 MAXIMUM CONSECUTIVE HOURS FOR FIREFIGHTERS ON DUTY.
252.10 INVESTIGATION OF CAUSE OF FIRE. (a) The Chief of the Fire Department, the Chief of the Fire Department of a joint fire district, or the Fire Prevention Officer, shall investigate the cause, origin and circumstances of each major fire, as determined by the rules of the State Fire Marshal, occurring in the Village or in the joint fire district by which property has been destroyed or damaged, and shall make an investigation to determine whether the fire was the result of carelessness or design. The investigation shall be commenced within two days, not including Sunday, if the fire occurred on that day. The State Fire Marshal may superintend the investigation. (b) An officer making an investigation of a fire occurring in the Village or in a joint fire district shall notify the State Fire Marshal, and within one week of the occurrence of the fire shall furnish him or her a written statement of all facts relating to its cause and origin and such other information as is required by forms provided by the State Fire Marshal. (c) In the performance of the duties imposed by this chapter or Ohio R.C. Chapter 3737, the Fire Chief and each of his or her subordinates, the Chief of the Fire Department of a joint fire district, or the Fire Prevention Officer, at any time of day or night, may enter upon and examine any building or premises where a fire has occurred, and other buildings and premises adjoining or near thereto. (ORC 3737.24)
252.11 RIGHT TO EXAMINE BUILDINGS, PREMISES AND VEHICLES. The Chief of the Fire Department, and such members of the Department as may be designated by the Chief, or the Fire Prevention Officer, may at all reasonable hours enter into all buildings and upon all premises and vehicles within their jurisdiction for the purpose of examination. (ORC 3737.14)
252.12 FIREFIGHTING AND EMERGENCY SERVICES AGREEMENTS.
CHAPTER 256 Officers and Employees Generally 256.01 Qualifications of officers; oaths. CROSS REFERENCES Public Employee's Retirement System see Ohio R.C. Ch. 145
256.01 QUALIFICATIONS OF OFFICERS; OATHS. (a) Except as otherwise provided in division (b) of this section or in another section of the Ohio Revised Code, each officer of the Municipality or of any department or board of the Municipality, whether elected or appointed as a substitute for a regular officer, shall be an elector of the Municipality and, before entering upon official duties, shall take an oath to support the Constitution of the United States and the Constitution of the State and an oath that the officer will faithfully, honestly, and impartially discharge the duties of the office to which elected or appointed. These provisions as to official oaths shall extend to deputies, but they need not be electors. (b) Neither this section nor any section of the Ohio Revised Code requires, or shall be construed to require, that a Fire Chief be an elector of the Municipality. (ORC 733.68)
256.02 BOND REQUIRED; FILING AND RECORDING. Each officer of the Village required by law or ordinance to give bond shall do so before entering upon the duties of the office, except as otherwise provided in Title VII of the Ohio Revised Code. Council may at any time require each officer to give a new or additional bond. Each bond, except that of the Village Fiscal Officer, upon its approval, shall be delivered to the Fiscal Officer, who shall immediately record it in a record provided for that purpose and file and carefully preserve it in his or her office. The bond of the Fiscal Officer shall be delivered to the Village Fiscal Officer, who shall in like manner record and preserve it. (ORC 733.69)
256.03 APPROVAL OF BONDS. The official bonds of all officers of the Village shall be prepared by the Solicitor or Director of Law. Except as otherwise provided in Title VII of the Ohio Revised Code, the bonds shall be in such sum as Council prescribes by general or special ordinance and shall be subject to the approval of the Mayor. The Mayor's bond shall be approved by Council, or, if it is not legally organized, by the Fiscal Officer of the Court of Common Pleas of the County in which the Village or the larger part thereof is situated. (ORC 733.70)
256.04 SUFFICIENCY OF FORM OF BOND. In each bond mentioned in 256.03, the condition that the person elected or appointed shall faithfully perform the duties of the office shall be sufficient. The fact that the instrument is without a seal, that blanks, for example the date or amount, have been filled subsequent to its execution but before its acceptance, without the consent of the sureties, that all the obligees named in the instrument have not signed it, that new duties have been imposed on the officers, or that any merely formal objection exists shall not be available in any suit on the instrument. (ORC 733.71)
256.05 VACANCIES. Unless otherwise provided by law, vacancies arising in appointive and elective offices of the Municipality shall be filled by appointment by the Mayor for the remainder of the unexpired term, provided that:
256.06 CHARGES AGAINST MUNICIPAL OFFICERS FILED WITH PROBATE JUDGE; PROCEEDINGS. (a) When a complaint under oath is filed with the Probate Judge of the County in which the Village or the larger part thereof is situated, by any elector of the Village, signed and approved by four other electors thereof, the Judge shall forthwith issue a citation to any person charged in the complaint for his or her appearance before the Judge within ten days from the filing thereof, and shall also furnish the accused and the Village Solicitor or Director of Law with a copy thereof. The complaint shall charge any of the following:
(b) Before acting upon such complaint, the Judge shall require the party complaining to furnish sufficient security for costs. (ORC 733.72)
256.07 APPEARANCE OF COUNSEL; JURY. On the day fixed by the Probate Judge for the return of the citation issued pursuant to 256.06, the Village Solicitor or Director of Law shall appear on behalf of the complainant to conduct the prosecution, and the accused may also appear by counsel. A time shall be set for hearing the case, which shall be not more than ten days after such return. If a jury is demanded by either party, the Probate Judge shall direct the summoning of 12 jurors in the manner provided by Ohio R.C. 2313.19 through 2313.26. If the Village does not have a Solicitor or Director of Law, or if the Village Solicitor or Director of Law is accused of any misfeasance or malfeasance in his or her office, the Prosecuting Attorney shall appear on behalf of the complainant to conduct the prosecution. (ORC 733.73)
256.08 CHALLENGE OF JURORS. On the day fixed for trial under 256.07, if a jury is impaneled, either party, in addition to the peremptory challenges allowed by law in other cases, may object for good cause to any juror summoned, and vacancies occurring for any cause may be filled by the Probate Judge from the bystanders until the panel is full, unless the party charged, or his or her counsel, demands a special venire to fill such vacancy. (ORC 733.74)
256.09 PROCEEDINGS ON THE TRIAL. On the day designated under 256.07 for the trial, the trial shall take place, unless continued on affidavit for good cause to another time not exceeding ten days. On the trial, the Village Solicitor or Director of Law shall appear for the prosecution, examine witnesses designated by the complainant, and such others as he or she discovers, and either party may have process from the Probate Judge to compel the attendance of witnesses. (ORC 733.75)
256.10 REMOVAL OF OFFICER IF FOUND GUILTY. If, on the trial, the charges in the complaint mentioned in 256.06 are sustained by the verdict of the jury, or by the decision of the Probate Judge when there is no jury, such Judge shall enter the charges and findings thereon upon the record of the Court, make an order removing such officer from office, and forthwith transmit a certified copy thereof to the Presiding Officer of Council, whereupon the vacancy shall be filled as provided by law. (ORC 733.76)
256.11 PAYMENT OF COSTS. The cost and expenses of the trial shall be charged against the party filing the complaint under 256.06, the accused, or the Village or apportioned among them, as the Probate Judge directs, and shall be collected as in other cases. No costs or expenses shall be charged to the accused if he or she is acquitted upon trial. If an appeal on questions of law is instituted by the officer complained of, to reverse or vacate the order of the Probate Court, such officer shall not exercise the functions of his or her office until such order is finally reversed or vacated. (ORC 733.77)
256.12 MUNICIPAL OFFICERS MAY ATTEND CONFERENCE OR CONVENTION; EXPENSES. (a) Any elected or appointed Village officer, deputy, assistant or employee may attend, at the expense of the Village, any conference or convention relating to municipal affairs, if authorized by the Mayor, the President of Council or the Village Administrator. If the fiscal officer of the Village certifies that funds are appropriated and available for such purpose, such person shall be reimbursed for his or her expense so incurred. (b) A request for such allowance shall be made in writing to the Mayor, the President of Council or the Village Administrator, showing the necessity for such attendance and an estimate of the costs thereof to the Village. (ORC 733.79)
256.13 DUTIES OF FIRE ENGINEER, ENGINEER, SUPERINTENDENT OF MARKETS; COMPENSATION. If the Village has a Fire Engineer, Engineer or Superintendent of Markets, each such officer shall perform the duties prescribed by Title VII of the Ohio Revised Code and such other duties, not incompatible with the nature of his or her office, as Council by ordinance requires, and shall receive for his or her services such compensation by fees or salary, or both, as is provided by ordinance. (ORC 733.80)
256.14 WORK WEEK; ON CALL HOURS FOR WATER/SEWER PLANT SUPERINTENDENT. (a) For all full time employees of the Village, the standard work week shall be 40 hours. Working hours do not include time allowed for meals. (b) The Water/Sewer Plant Superintendent shall be on call 24 hours per day, except during vacation periods and other off duty times, when such duties are to be assumed by others with the consent and approval of Council. (Ord. 81 17, passed 10 8 1981)
256.15 COMPENSATION. (a) Salaries may be reviewed on or before July 1 of each year by Council. All increases and amounts of money must be approved at the sole discretion of Council, and Council will determine annual raises. Merit and cost of living raises may be considered in addition to annual raises. (b) Wages for each employee shall be computed for a week on the basis of the compensation schedule established from time to time by Council. Pay day shall be Friday. (Ord. 81 17, passed 10 8 1981)
256.16 OVERTIME PAY; WORKING ON HOLIDAYS. (a) Overtime pay for all employees of the Village, except police, may be authorized by the Village Administrator. Overtime pay for police may be authorized by the Mayor. Overtime pay shall be at the rate of one-and-one half times the standard rate of pay for an employee. Overtime pay rates are applicable only to those hours in excess of 40 hours per week. (b) Employees called back to work for emergency overtime shall be entitled to a minimum of two hours of overtime regardless of actual time worked. If the work exceeds two hours, the actual time will be compensated at the overtime rate. Employees who are required to work on a holiday shall be compensated at the straight time rate in addition to the regular holiday pay rate. (Ord. 81 17, passed 10 8 1981)
256.17 HOLIDAYS. (a) All Village employees who have regular full time pay status shall be entitled to the following holidays with pay: January 1, the third Monday in January, the third Monday in February, Memorial Day, July 4, the first Monday in September, the second Monday in October, November 11, the fourth Thursday in November, and December 25. (b) In addition, any day appointed and recommended by the Governor of the State, or the President of the United States, shall be a holiday for a Village employee. If any day designated as a legal holiday falls on a Sunday, the next succeeding day is a holiday. If a holiday falls on a Saturday, the Friday preceding is a holiday. Council may designate one half of a working day immediately preceding Christmas and Good Friday as a holiday. (Ord. 81 17, passed 10 8 1981)
256.18 PROBATIONARY EMPLOYMENT. A new employee entering the service of the Village shall be considered a probationary employee for a period of six months, after which time an evaluation of his or her work performance shall be made by Council. Council, under certain conditions, may retain an employee for an additional period of probationary employment in the event the employee has not shown ability to properly grasp the duties and responsibilities assigned to him or her. If, having served an additional probationary period of six months, the employee has not indicated sufficient progress in his or her work, his or her service shall be terminated. (Ord. 81 17, passed 10 8 1981)
256.19 VACATIONS. (a) All full time employees of the Village shall be entitled to paid vacations as follows: two weeks after one year of service; three weeks after eight years of service; and four weeks after 15 years of service. (b) Vacations shall be scheduled from January to December. Vacation leave shall accrue to each employee at the rate of 3.1 hours each biweekly pay period for those entitled to two weeks per year; 4.6 hours for three weeks per year and 6.2 hours for four weeks per year. (c) For the terminating employee, vacation time will accrue from January 1 until the termination date. (d) Vacation pay shall be computed on the basis of a regular 40 hour week at the applicable regular straight time rate based on wage rates in effect at the time the vacation is taken. (e) Vacations shall be scheduled throughout the year by the Village Administrator for all employees except police employees, who will be scheduled with the Mayor, subject to operational requirements. There is no requirement that vacation leave be taken all at once or that it be split up. Vacations may be taken so as to include or abut holidays. If a paid holiday falls during the employee's vacation time, the employee shall be entitled to another added day of vacation. (f) Payment for vacation leave in lieu of vacation may be given. The employee shall be paid for the unused vacation at regular straight time rates on March 31 of the following year in which the vacation would have been taken. However, the employee shall have the option at this time to carry over unpaid vacation to accumulate for not longer than one year. (Ord. 81 17, passed 10 8 1981).
256.20 SICK LEAVE. (a) Each full time employee shall be entitled to 4.6 hours with pay for each completed biweekly pay period of service for sick leave. An employee may use accumulated but unused sick leave for absence due to personal illness and injury or to illness, injury, hospitalization or death in the employee's immediate family. "Immediate family" is limited to persons in the employee's household, the employee's children, mother, father, mother in law or father in law. The authority to use sick leave due to death in an employee's immediate family is in addition to the funeral bereavement leave. (b) An employee is to furnish a satisfactory, written, signed statement to justify the use of sick leave. The statement shall be maintained by the Village Fiscal Officer for at least one year. (c) Unused sick leave shall be cumulative without limit. (Ord. 81 17, passed 10 8 1981)
256.21 UNPAID LEAVES OF ABSENCE; TRAINING LEAVE. (a) Council may grant leave without pay for a period not to exceed 90 days for an employee who will receive training in subjects related to his or her public service; for an urgent, personal reason; or for other reasons beneficial to the public service. (b) Council may grant leave with pay for an employee to take authorized training. (c) If leave is granted pursuant to division (b) hereof, the cost of such leave, plus the cost of fees incurred in connection with the leave, if such fees are paid by the Village, shall be prorated over a period of two years. If the employee terminates his or her employment voluntarily during the period of proration, he or she shall reimburse the Village the remaining portion of the costs of the training leave. (Ord. 81 17, passed 10 8 1981)
256.22 MILITARY LEAVE. An employee of the Village called to active duty in the military service for a period not to exceed 30 days shall be granted a leave without pay for that period of time. The employee shall be granted additional time if it serves the public interest. (Ord. 81 17, passed 10 8 1981)
256.23 TRAVEL ALLOWANCE. Employees of the Village shall be paid a cash allowance whenever they use personal vehicles for Village use and shall be reimbursed at the rate of twenty cents ($0.20) per mile for actual miles of travel. (Ord. 81 17, passed 10 8 1981)
256.24 UNIFORM ALLOWANCE AND SERVICE. The Police Chief will receive a uniform allowance of thirty dollars ($30.00) per month. Other employees will receive the benefits of a clean uniform laundry service. (Ord. 81 17, passed 10 8 1981)
256.25 HOSPITALIZATION. All full time employees of the Village shall be entitled to receive, as a benefit, family plan hospital and medical coverage, paid for by the Village. A committee consisting of three members of Council shall determine the type of contract to be obtained. (Ord. 81 17, passed 10 8 1981)
256.26 DEATH BENEFITS. One half of the sick leave allowance and all of the accrued vacation benefits which have been accumulated prior to termination of service as a result of the death of a Village employee shall be payable to the employee's beneficiary in the event of the employee's death. The minimum tenure of a Village employee, in order to receive this benefit, shall be five years of employment. (Ord. 81 17, passed 10 8 1981)
256.27 FUNERAL/BEREAVEMENT LEAVE AND PAY. An employee of the Village is entitled to receive funeral leave with pay of three days for his or her immediate family (persons in his or her household, children, mother, father, mother in law, father in law), and one day for other relatives. One day without pay will be allowed for other funerals. (Ord. 81 17, passed 10 8 1981)
256.28 SEPARATION FROM SERVICE. Council shall take action to dismiss employees guilty of:
256.29 RESIDENCY REQUIREMENTS PROHIBITED; EXCEPTIONS.
TITLE EIGHT - Boards and CommissionsCHAPTER 270 Board of Trustees of Public Affairs (Repealed) Editor's note: The Board of Trustees of Public Affairs was abolished by Ord. 78-5, passed 6-26-1978, in accordance with the provisions of Ohio R.C. 735.272.
CHAPTER 272 Board of Trustees of the Sinking Fund Editor's Note: Ohio R.C. 739.01 et seq. mandated the levy of a tax on real and personal property, and the creation of a sinking fund, for the extinguishment of all bonds issued and funded debts incurred prior to August 17, 1921. In villages, the Mayor, Clerk and Chairperson of the Finance Committee of the legislative authority constituted the Board of Trustees of such Sinking Fund. Though still technically viable, this chapter (Ohio R.C. Chapter 739) is largely an anachronism in Ohio law. There are no sections in Chapter 272. This chapter has been established to provide a place for this note and for cross references only. CROSS REFERENCES Board of Commissioners of State Sinking Fund see Ohio R.C. Ch. 129
CHAPTER 274 Planning Commission 274.01 Establishment; membership; compensation;
general powers. CROSS REFERENCES Original plats see Ohio R.C. 711.01 et seq.
274.01 ESTABLISHMENT; MEMBERSHIP; COMPENSATION; GENERAL POWERS. (a) Council may establish a Commission of five members, consisting of the Mayor, one member of Council to be elected by Council for the remainder of his or her term as such member of Council, and three citizens of the Village to be appointed by the Mayor for terms of six years each, except that the term of one of the members of the first Commission shall be for four years and one for two years. All such members shall serve without compensation. (b) Whenever such a Commission is appointed, it shall have all the powers conferred in Ohio R.C. 735.15. (c) If and when the Village adopts a Charter, and except as otherwise may be provided in that Charter, a Village Planning Commission created in the manner and by virtue of authority granted by such Charter shall have the powers of, and the plans made by it shall have the effect of, a planning commission or city plan created under Ohio R.C. 713.01 through 713.15. (d) Any member of a Village Planning Commission established under this section or by Village Charter, except as otherwise provided in such Charter, may hold any other public office and may serve as a member of a county planning commission and/or a regional planning commission. (ORC 713.01)
274.02 SPECIFIC POWERS AND DUTIES. (a) The Planning Commission established under 274.01 shall make plans and maps of the whole or any portion of the Village, and of any land outside thereof, which, in the opinion of the Commission, is related to the planning of the Village, and make changes in such plans or maps when it deems it advisable. Such maps or plans shall show the Commission's recommendations for the general location, character and extent of streets, alleys, ways, viaducts, bridges, waterways, waterfronts, subways, boulevards, parkways, parks, playgrounds, aviation fields and other public grounds, ways and open spaces; the general location of public buildings and other public property; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and other purposes; and the removal, relocation, widening, narrowing, vacating, abandonment, change of use of or extension of such public ways, grounds, open spaces, buildings, property, utilities or terminals. With a view to the systematic planning of the Village, the Commission may make recommendations to public officials concerning the general location, character and extent of any such public ways, grounds, open spaces, buildings, property, utilities or terminals. As the work of making the whole plan progresses, the Commission may from time to time adopt and publish any part thereof, and such part shall cover one or more major sections or divisions of the Village or one or more of the functional matters to be included in the plan. The Commission may from time to time amend, extend or add to the plan. This section does not confer any powers on the Commission with respect to the construction, maintenance, use or enlargement of improvements by any public utility or railroad on its own property if the utility is owned or operated by an individual, partnership, association or a corporation for profit. (b) The Planning Commission may accept, receive and expend funds, grants and services from the Federal Government or its agencies, from departments, agencies and instrumentalities of the State or any adjoining state or from one or more counties of the State or any adjoining state or from any municipal corporation or political subdivision of this or any adjoining state, including county, regional and municipal planning commissions of this or any adjoining state, or from civic sources, and contract with respect thereto, either separately or jointly or cooperatively, and provide such information and reports as may be necessary to secure such financial aid. (c) The Commission may control, preserve and care for historical landmarks; control, in the manner provided by ordinance, the design and location of statuary and other works of art, which are the property of the Village; control the removal, relocation and alteration of any such works; and control the design of harbors, bridges, viaducts, street fixtures and other public structures and appurtenances. (d) Whenever the Commission makes a plan of the Village, or any portion thereof, no public building or structure, street, boulevard, parkway, park, playground, public ground, canal, river front, harbor, dock, wharf, bridge, viaduct, tunnel or other public way, ground, works or utility, whether publicly or privately owned, or a part thereof, shall be constructed or authorized to be constructed in the Village or a planned portion thereof unless the location, character and extent thereof is approved by the Commission. In case of disapproval, the Commission shall communicate its reasons therefor to Council and to the head of the department which has control of the construction of the proposed improvement or utility. Council, by a vote of not less than two thirds of its members and of such department head, together may overrule such disapproval. If such public way, ground, works, building, structure or utility is one the authorization or financing of which does not, under the law or charter provisions governing it, fall within the province of Council or any other municipal body or official, the submission to the Commission shall be by the State, school, county, district or township official, board, commission or body having such jurisdiction, and the Commission's disapproval may be overruled by such official, board, commission or body by a vote of not less than two thirds of its membership. The narrowing, ornamentation, vacation or change in the use of streets and other public ways, grounds and places shall be subject to similar approval, and disapproval may be similarly overruled. The Commission may make recommendations to any public authorities or to any corporations or individuals in the Village, or the territory contiguous thereto, concerning the location of any buildings, structures or works to be erected or constructed by them. (ORC 713.02)
274.03 COMMISSION SHALL BE PLATTING COMMISSION. The Planning Commission of the Village shall be the Platting Commission thereof, and all the powers and duties provided by Ohio R.C. 735.17 through 735.26 shall, upon the appointment of a Village Planning Commission, under 234.01, be transferred to it. (ORC 713.03)
274.04 CONTROL OF BUILDINGS. Council may authorize the Planning Commission of the Village to control the height, design and location of buildings. (ORC 713.04)
274.05 EMPLOYMENT OF ARCHITECTS AND ENGINEERS. The Planning Commission of the Village may control, appoint or employ such architects, engineers and other professional service, and may appoint such clerks, draughtsmen and other subordinates as are necessary for the performance of its functions. The expenditures for such service and employments shall be within the amounts appropriated for such persons by Council, and Council shall provide for the expenses and accommodations necessary for the work of the Commission. (ORC 713.05)
274.06 DIVISION OF VILLAGE INTO ZONES. The Planning Commission of the Village may frame and adopt a plan for dividing the Village or any portion thereof into zones or districts, representing the recommendations of the Commission, in the interest of the public health, safety, convenience, comfort, prosperity or general welfare, for the limitation and regulation of the height, bulk and location of buildings and other structures, including percentage of lot occupancy, setback building lines, area and dimensions of yards, courts and other open spaces, and uses, of buildings and other structures and of premises in such zones or districts. (ORC 713.06)
CHAPTER 276 Board of Zoning Appeals 276.01 Establishment; powers. CROSS REFERENCES Restriction in location of buildings and structures see Ohio R.C.
713.07
276.01 ESTABLISHMENT; POWERS. (a) Council may create an administrative board to administer the details of the application of the regulations under 274.06 and Ohio R.C. 713.06 through 713.12, and may delegate to such board, in accordance with general rules to be set forth in the districting ordinances and regulations, the power to hear and determine appeals from refusal of building permits by building commissioners or other officers, to permit exceptions to and variations from the district regulations in the classes of cases or situations specified in the regulations, and to administer the regulations as specified therein. Such administrative powers and functions may be delegated by Council to the Planning Commission of the Village or to such board. (b) If the county administers a county zoning resolution, Council and the Board of County Commissioners may contract with each other to have the county administer Village zoning regulations, with its powers to include hearing and deciding zoning appeals and authorizing variances. (ORC 713.11)
CHAPTER 278 Volunteer Firefighters' Dependents Fund Board 278.01 Definitions. CROSS REFERENCES Assessments for the Fund see Ohio R.C. 146.09, 146.10 278.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
278.02 ESTABLISHMENT. (a) If and when the Village has a Fire Department employing volunteer firefighters, it shall be a member of the Volunteer Firefighters' Dependents Fund and shall establish a Volunteer Firefighters' Dependents Fund Board. (b) A private volunteer fire company which has contracted to afford fire protection to a political subdivision or fire district may become a member of the Volunteer Firefighters' Dependents Fund by election and shall, if it so elects, establish a Volunteer Firefighters' Dependents Fund Board. The company shall notify the State Fire Marshal and the governing body of the political subdivision or fire district with which it has its major contract of the election to become a member of the Fund. (ORC 146.02)
278.03 MEMBERSHIP; VACANCIES. (a) A Volunteer Firefighters' Dependents Fund Board provided for in 278.02(a) shall consist of five members chosen as follows:
(b) A Volunteer Firefighters' Dependents Fund Board provided for in 278.02(b) shall consist of five members chosen as follows:
(c) Any vacancy occurring in a Volunteer Firefighters' Dependents Fund Board shall be filled at a special election called by the Secretary of the Board. (ORC 146.03)
278.04 ELECTION AND TERM OF MEMBERS. (a) The term of each member of the Volunteer Firefighters' Dependents Fund Board is one year and begins on January 1. (b) Election of Board members provided for in divisions (a)(1) and (b)(1) of ' 278.03 shall be held each year not earlier than November 1 and not later than the second Monday in December, and the election of the Board members provided for in divisions (a)(3) and (b)(3) of 278.03 shall be held each year on or before December 31. (c) The Board members provided for in divisions (a)(2) and (b)(2) of 278.03 shall be elected on or before the second Monday in December, as follows:
278.05 ORGANIZATION; RULES AND REGULATIONS; ROSTER. (a) The Volunteer Firefighters' Dependents Fund Board shall meet promptly after its election and organize. A Chairperson and a Secretary shall be elected. The Secretary shall keep a complete record of the proceedings of the Board, which record shall be maintained as a permanent file. (b) The Board may adopt rules necessary for the handling and processing of claims and shall perform such other duties as are necessary to carry out this chapter and Ohio R.C. 146.01 through 146.19. (c) The Secretary of the Board shall immediately certify to the State Fire Marshal the names and addresses of the members elected, by whom elected, and the names of the Board Chairperson and Secretary. The Secretary shall also forward a certificate prepared by the Village Fiscal Officer or the clerk of the fire district of the current assessed valuation of the Village or fire district if the Village or fire district is a member of the Fund. (d) A private volunteer fire company which is a member of the Fund shall provide the Secretary of the Board with a roster of the fire company members and shall report any changes to the Secretary when they occur. Only persons whose names appear on the list, and in no event more than an average number of 50 names per station operated by the volunteer fire company, are eligible for benefits under this chapter and Ohio R.C. 146.01 through 146.19. (ORC 146.05)
278.06 COMPENSATION AND EXPENSES OF BOARD; LEGAL ADVISOR. (a) The members of the Volunteer Firefighters' Dependents Fund Board shall serve without compensation. The Village or the fire district within which the Board operates shall provide the necessary meeting place, stationery, postage and supplies for the efficient conduct of its business. (b) The legal advisor for the Board is the Prosecuting Attorney of the county in which the Board is located. (ORC 146.06)
CHAPTER 280 Recreation Board 280.01 Establishment; powers; membership; joint
Board and District. CROSS REFERENCES Regulation of entertainment and culture see Ohio R.C. 715.13, 715.45,
715.51, 715.61 280.01 ESTABLISHMENT; POWERS; MEMBERSHIP; JOINT BOARD AND DISTRICT.
280.02 ORGANIZATION OF BOARDS. (a) The members of Boards established pursuant to 280.01 shall elect their own Chairperson and Secretary, shall select all other necessary officers to serve for a period of one year, and may employ such other persons as are needed. Such Boards may adopt rules for the conduct of all business within their jurisdiction. (b) A Joint Recreation District Board of Trustees formed pursuant to 280.01(c) shall appoint one of its members or employ another as fiscal officer of the District. (ORC 755.15)
CHAPTER 282 Board of Park Trustees 282.01 Establishment for donated property. CROSS REFERENCES Park development see Ohio R.C. 715.21, 717.01 282.01 ESTABLISHMENT FOR DONATED PROPERTY. When a deed of gift, devise or bequest of property or funds to the Village for park purposes requires the investment or change of investment of the principal of such property or funds, or any part thereof, to be made upon the approval of an advisory committee appointed by a court or judge, or an advisory committee appointed by a civic organization of the Village, or upon the approval of Council, then such property or funds, and any park for the improvement of which, in whole or in part, such funds are to be used, or any property for the care or management of which, in whole or in part, such funds are to be used, shall be managed, controlled and administered by a Board of Park Trustees. (ORC 755.20)
282.02 MEMBERSHIP. The Board of Park Trustees mentioned in 282.01 shall consist of four resident electors of the Village who shall be appointed by the Mayor and who shall serve without compensation for the term of four years. The Park Trustees shall be appointed in the first instance to serve for one, two, three and four years, respectively, and thereafter their successors shall be appointed one each year to serve for the term of four years, but not more than two shall be of the same political party. A vacancy in the Board caused by death, resignation or otherwise shall be filled in like manner for the remainder of the term. (ORC 755.21)
282.03 POWERS.
282.04 COMPENSATION; OATH; BOND. The members of the Board of Park Trustees shall serve without compensation. Before entering upon the discharge of their duties, they shall each take the oath of office prescribed by Ohio R.C. 733.68 and give bond in the sum of two thousand five hundred dollars ($2,500.00), conditioned according to Ohio R.C. 733.71 and to the approval of the Mayor and Council. (ORC 755.23)
282.05 MEETINGS: RULES AND REGULATIONS; FISCAL OFFICER. The Board of Park Trustees shall hold meetings at least once a month and shall adopt necessary rules for the regulation of its business. It shall keep a complete record of its proceedings, which record, or a copy thereof, certified by the Clerk of the Board, shall be competent evidence of its transactions in the courts of the State. The yeas and nays shall be called upon the passage of every resolution or order. Three members of the Board shall constitute a quorum, but no resolution or order shall be adopted unless three members vote in its favor. The Village Fiscal Officer shall act as the Clerk of the Board of Park Trustees, but shall receive no additional salary or compensation for such services. (ORC 755.24)
CHAPTER 284 Board of Cemetery Trustees; Board of Union Cemetery Trustees (Repealed) Editor's note: Chapter 284 was repealed as part of the 2001 revision of this Model Ohio Municipal Code because of its limited applicability to villages. Consult Ohio R.C. 759.20 et seq. for current provisions regarding the powers and duties of Boards of Cemetery Trustees and Boards of Union Cemetery Trustees. CROSS REFERENCES Cemeteries and crematories see Ohio R.C. 717.01, 759.01, 759.02,
759.08
CHAPTER 286 Board of Hospital Commissioners; Board of Governors of Municipal Hospital; Board of Hospital Trustees (Repealed) Editor's note: Chapter 286 was repealed as part of the 2001 revision of this Model Ohio Municipal Code because of its limited applicability to villages. Consult Ohio R.C. Chapter 749 for current provisions regarding the powers and duties of Boards of Hospital Commissioners, Boards of Governors of Municipal Hospitals, and Boards of Hospital Trustees. CROSS REFERENCES Care, supervision and management of hospitals see Ohio R.C. 735.27
CHAPTER 288 Records Commission 288.01 Establishment; membership; officers;
employees; meetings; functions. CROSS REFERENCES Photostat, microfilm or other recording see Ohio R.C. 9.01
288.01 ESTABLISHMENT; MEMBERSHIP; OFFICERS; EMPLOYEES; MEETINGS; FUNCTIONS. (a) There is hereby established in and for the Village a Records Commission, composed of the Chief Executive Officer of the Village, or his or her appointed representative, as Chairperson, and the Chief Fiscal Officer, the Village Solicitor and a citizen appointed by the Chief Executive. The Commission shall appoint a Secretary, who may or may not be a member of the Commission and who shall serve at the pleasure of the Commission. The Commission may employ an archivist to serve under its direction. The Commission shall meet at least once every six months and upon call of the Chairperson. (b) The functions of the Commission shall be to provide rules for retention and disposal of records of the municipality and to review applications for one time disposal of obsolete records and schedules of records retention and disposition submitted by municipal offices. The Commission may dispose of records pursuant to the procedure outlined in this section. The Commission at any time may review any schedule it has previously approved, and for good cause shown may revise that schedule. (c) When the Records Commission has approved any applications for one time disposal of obsolete records or any schedule of records retention and disposition, the Commission shall send that application or schedule to the Ohio Historical Society for its review. The Ohio Historical Society shall review the application or schedule within a period of not more than 60 days after its receipt of it. Upon completion of its review, the Ohio Historical Society shall forward the application for one time disposal of obsolete records or the schedule of records retention and disposition to the Auditor of State for the Auditor's approval or disapproval. The Auditor shall approve or disapprove the application or schedule within a period of not more than 60 days after receipt of it. Before public records are to be disposed of, the Commission shall inform the Ohio Historical Society of the disposal through the submission of a certificate of records disposal and shall give the Society the opportunity for a period of 15 business days to select for its custody those public records that it considers to be of continuing historical value. (ORC 149.39)
288.02 PUBLIC RECORDS POLICY; ADOPTED. The Model Public Records Policy established by the Ohio Attorney General is hereby adopted as the formal policy of the Village of Grand Rapids. Copies are available through Village offices. (Ord. 2007-6, passed 11-12-2007)
TITLE TEN Judiciary Chap. 298. Mayor's Court.CHAPTER 298 Mayor's Court Editor's note: The ability of a Mayor to preside over a Mayor's Court was significantly affected by DePiero v. City of Macedonia, 180 F.3d 770 (6th Cir. 1999), cert. denied, 120 S. Ct. 844 (2000). The DePiero case essentially put all municipalities on notice that a defendant's due process rights may be violated each time the Mayor presides over the Mayor's Court. Such notice suggests that a Mayor presiding over Mayor's Court after June 23, 1999 (the date of issuance of the opinion) could be personally liable to such a defendant for compensatory and punitive damages. As a result of this case, many municipalities now have a Magistrate preside over their Mayor's Court pursuant to Ohio R.C. 1905.05. Please consult your Village Attorney if you have any questions regarding the impact of this case. 298.01 Jurisdiction in ordinance, O.V.I. and other
traffic violations. CROSS REFERENCES Mayors' Courts see Ohio R.C. Ch. 1905 298.01 JURISDICTION IN ORDINANCE, O.V.I. AND OTHER TRAFFIC VIOLATIONS.
298.02 POWERS OF MAYOR AND MAGISTRATE IN CRIMINAL MATTERS. (a) The Mayor has, within the corporate limits, all the powers conferred upon sheriffs to suppress disorder and keep the peace. (b) The Mayor shall award and issue all writs and process that are necessary to enforce the administration of justice throughout the municipal corporation. The Mayor shall subscribe his or her name and affix his or her official seal to all writs, process, transcripts and other official papers. A Mayor's Court Magistrate, in hearing and determining prosecutions and criminal causes that are within the scope of his or her authority under Ohio R.C. 1905.05, has the same powers and duties as are granted to or imposed upon the Mayor under this division. (c) The Mayor shall be disqualified in any criminal case in which he or she was the arresting officer, assisted in the arrest, or was present at the time of arrest, and shall not hear the case. (ORC 1905.20)
298.025 POWERS OF MAYOR AND MAGISTRATE RE O.V.I.
298.03 DUTIES, FEES, OFFICE AND SEAL OF MAYOR AND MAGISTRATE. (a) The Mayor and a Mayor's Court Magistrate shall keep a docket. Neither the Mayor nor a Mayor's Court Magistrate shall retain or receive for his or her own use any of the fines, forfeitures, fees or costs he or she collects. A Mayor's Court Magistrate shall account for all such fines, forfeitures, fees and costs he or she collects and transfer them to the Mayor. The Mayor shall account for and dispose of all such fines, forfeitures, fees and costs he or she collects, including all such fines, forfeitures, fees and costs that are transferred to him or her by a Mayor's Court Magistrate, as provided in Ohio R.C. 733.40. (b) The Mayor shall be paid such fixed annual salary as Council provides under Ohio R.C. 731.08 and 731.13, and a Mayor's Court Magistrate shall receive compensation as provided in Ohio R.C. 1905.05. (c) The Mayor shall keep an office, provided by Council, at a convenient place in the municipal corporation, and shall be furnished by Council with the corporate seal of the municipal corporation. In the center of such seal shall be the words, "Mayor of the Village of Grand Rapids." (ORC 1905.21)
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