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Notice of Proposed Charter Amendments – Legal Notice

Notice of Proposed Charter Amendments
City of Upper Arlington

As recommended by the Upper Arlington Charter Commission, John C. Adams Chairman, Robert Dunn, Megan Heydlauff, Mary Ann Krauss, Maria Mone, Matthew Petersen, Jonathan Secrest, Richard Simpson, Elizabeth Fenner Yassenoff, and Julie Bruce Zogbaum and as amended by City Council, notice is hereby given that that in pursuance of an Ordinance of the City Council of the City of Upper Arlington, Ohio, passed on the 9th day of July, 2018, there will be submitted to a vote of the people of Upper Arlington at the General Election to be held at the regular places of voting, on Tuesday, the 6th day of November, 2018, the question of Shall the amendments to the Charter of the City of Upper Arlington and set forth in Ordinance No. 55-2018 of the City of Upper Arlington, Ohio be adopted.

SECTION II
GENERAL POWERS AND DUTIES OF COUNCIL

The government and control of the City shall be vested in a Council of seven citizens who shall be elected at large, in the manner provided by law for the election of municipal officers, nominated by petition and elected on a nonpartisan ballot.  Municipal elections shall be in odd numbered years for the election of three or four Council Members, respectively, for four-year terms as the existing term expires.

The Council shall constitute the governing body of the City, and shall have full power to pass ordinances, adopt resolutions and otherwise exercise all legislative power and executive authority now or hereafter vested in municipal officers by law, and in the Council by this Charter.  Except as otherwise provided by this Charter or by the Constitution of the State of Ohio, the Council may by ordinance or resolution prescribe the manner in which any power of the City shall be exercised.  In the absence of such provision as to any power, such power shall be exercised in the manner prescribed by the general laws of the state applicable to municipalities.  The Council shall have authority to fix by ordinance the compensation of its Members.

A majority of all current Council Members shall constitute a quorum to do business, and shall be necessary to adopt any ordinance or resolution, but a less number may adjourn from time to time and compel the attendance of absent Members in such manner and under such penalties as shall be prescribed by ordinance.  The enacting clause of all ordinances shall be, “Be it ordained by the Council of the City of Upper Arlington, Ohio”.  The Council may, by ordinance, prescribe the manner of giving public notice of the passage of ordinances, resolutions or other acts or procedures. The Council may, by ordinance, determine the effective date of any ordinance, resolution, or other measure.

SECTION III
INITIATIVE AND REFERENDUM

Legislative acts by the City Council are subject to referendum as procedurally prescribed in the Ohio Revised Code unless an emergency exists as explicitly stated in the ordinance or resolution or unless otherwise prohibited by the Ohio Revised Code. except as provided by the Ohio Revised Code or by an ordinance prescribing the legislative acts subject to referendum. Administrative ordinances, resolutions or decisions shall be subject to redress through the judicial system.

Initiative powers are hereby reserved to the people of the City as authorized by State law.

SECTION IV
QUALIFICATIONS OF COUNCIL MEMBERS

A Council Member shall be an elector and shall have resided in the City of Upper Arlington for at least one year prior to the date of their taking office. Each Council Member elected or appointed shall remain a resident and qualified elector throughout the term of his or her office. An employee of the City shall not be a candidate nor Member of Council. Any Council Member who ceases to possess these qualifications, or who is absent from four successive regular Council meetings unless such absence is authorized or excused by Council, shall forfeit the seat of Council Member.

A vacancy in the Council shall be filled by a majority vote of the remaining Council Members. Such appointment shall be made within sixty days of the vacancy. If Council fails to fill the vacancy within sixty days, the President of Council/Mayor shall make the appointment within ten days thereafter. If the President of Council/Mayor fails to appoint, the seat shall be considered open and a special election shall be held to fill the open seat no earlier than ninety days and no later than one hundred and twenty days from the date of the opening. If an appointment occurs after June 30 in the final three two years of a term, then Council shall make the appointment shall be for the unexpired term. If an appointment occurs before June 30 of the final two three years of a term, the person appointed shall serve until a successor is certified as elected at the next general election. If there is a failure to appoint and a special election is required to fill the vacated seat, the special election shall be for the remainder of the vacated term. Otherwise the appointment shall be until the second Monday in January following the next general election.

No person shall hold the office of Council Member for a period longer than two consecutive terms of four years. For purposes of this section, any appointment or election for less than a full four-year term shall not count against the two-term limitation.

A person who is ineligible because two consecutive terms have been served will be eligible for election to additional terms, pursuant to this provision, so long as four years intervene between expiration of the second of the two consecutive terms and the commencement of the new one.

SECTION V
CONFLICT OF INTEREST AND DISQUALIFICATION OF COUNCIL MEMBERS

No person in the employ of the City shall participate in securing, or contribute any money toward, the nomination or election of any candidate for the Council.

The Council may remove any officer of the City, or Council Member, for violation of any provision of law for which forfeiture of office is a penalty, for failing or ceasing to possess the qualifications established by this Charter for that office, or for the conviction while in office of any crime involving moral turpitude, but no such removal shall be made without the concurrence of at least five Council Members, nor until the accused officer or Council Member shall have been given a written copy of the charges and an opportunity to be heard, with at least ten days’ notice of the time and place of hearing.

No person who is a candidate for election to the Council shall be appointed City Manager, City Attorney, or City Clerk within two one years after said election, and no person who serves as a Council Member shall be appointed City Manager, City Attorney, or City Clerk until at least one two years after the expiration of the term of office to which such Member was elected or appointed.

Unless otherwise provided in this Charter or by Council, the laws of the State of Ohio pertaining to conflicts of interest, criminal misbehavior, ethics, financial disclosure, campaign financing and other election practices for municipal office shall apply to all Council Members, officers, employees and to board and commission members where applicable.

SECTION VIII
ORGANIZATION

Council Members shall take office at ten o’clock A.M. on the second Monday in January following their election and shall serve until ten o’clock A.M. on the second Monday in January of the fourth year thereafter, and until their successors are elected and have qualified. The Council shall be the judge of the election and qualifications of its Members.

SECTION XI
COUNCIL MEETINGS

The Council shall, by ordinance or resolution, fix a time and place for holding its regular meetings. The President or any two Members may call special meetings of the Council upon written notice served personally upon each Member by electronic transmission or left at their usual place of residence at least twenty-four hours before the time fixed for such meeting. The notice for all Council meetings shall state the subjects to be considered and such meetings shall be limited to a consideration of such subjects, except by unanimous consent of all Members.

All meetings of Council or its committees shall be open to the public, except executive sessions which may be held pursuant to City ordinance or State law. The Council shall keep a journal of its public proceedings and may determine its own rules and order of business, including the adoption of ordinances, resolutions, or other measures by a consent agenda. Any citizen shall have access to public records during usual business hours pursuant to State law.

SECTION XII
CITY ORGANIZATION

Subject to the provisions of Section XIII of this Charter, the Council shall have full power and authority to establish, administer and control departments as it may deem for the best interests of the City, may determine the powers and duties of such departments and the officers thereof and the manner of administering the same, may delegate to such departments or the officers and employees thereof, such authority as it deems advisable and may combine, divide, distribute or discontinue such departments and may appoint, employ and discharge administrative officers, assistants, clerks and employees and fix their compensation.

In case of doubt as to whether certain powers or duties imposed by law on the Mayor or other executive or administrative authority, are to be exercised or performed by the Mayor, the Council, the City Manager, or other officer, the Council may by ordinance or resolution determine the officer or officers by whom such powers or duties shall be exercised.

Except for inquiries and investigations, Nno Council Member shall directly interfere with the conduct of any department.  or employee thereunder, but rather shall deal solely with the City Manager or appointing authority. Neither Council nor any Council Member shall dictate the appointment of any person to office or employment by the City Manager or the appointing authority.

SECTION XIV
ORGANIZATION OF DEPARTMENTS

Under the provisions of Section XII of the Charter, a Finance Department is created under the supervision of the Finance Director. The Finance Director shall be appointed by the City Manager subject to the approval of at least five Council Members. The Finance Director shall serve at the pleasure of the City Manager, but may only be removed at the recommendation of the City Manager upon approval of such recommendation by at least five Council Members.

The City Attorney shall be appointed and serve at the pleasure of Council.

The Clerk of Council shall be appointed and serve at the pleasure of Council.

The Clerk of Courts shall be appointed and serve at the pleasure of the Mayor.

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