Charter Amendment Ordinance 145-98,
Avon, Ohio

ORDINANCE NO. 145-98

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE V, SECTION 3 THAT THE MAYOR HAVE THE EXCLUSIVE AUTHORITY TO APPOINT AND REMOVE THE DIRECTOR OF FINANCE AND DECLARING AN EMERGENCY

WHEREAS, Council has appointed a Charter Review Commission in Resolution No. R-28-98 to recommend to Council such alterations, revisions, and amendments, if any, to the Municipal Charter as in its judgment are desirable; and

WHEREAS, the Charter Review Commission has submitted several proposed amendments, including the following proposed amendment, to the City Council; and

WHEREAS, it is the duty of Council to make provision for the submission of said proposed amendments to the electorate of the City of Avon at the general election to be held November 3, 1998.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON, LORAIN COUNTY, OHIO:

Section 1 - There shall be submitted to the electors of the City of Avon at the regular municipal election to be held November 3, 1998, at the regular places of voting between the hours of 6:30 A.M. and 7:30 P.M., the question of the amendment to the Charter of the City of Avon, as set forth in Section 2, below.

Section 2 - Article V, Section 3, which presently reads as follows:

The Director of Finance shall be the head of the Finance Department and the fiscal officer of the Municipality. The Director of Finance shall be appointed by the Mayor, with the concurrence of a majority of the membership of the legislative authority, not to exceed the Mayor's term of office. The Director of Finance may be removed from office by the Mayor; provided, however, that such removal shall not take place without the concurrence of two-thirds (2/3) of the membership of the legislative authority. The Director of Finance shall serve the Mayor and the Council as financial advisor in connection with Municipal affairs. The Director of Finance shall supervise the keeping of the financial accounts of the Municipality and the several departments and officers thereof. It shall be the duty of the Director of Finance to keep an accurate account of all taxes and assessments, of all monies due to and all receipts and disbursements by the Municipality, of all the assets and liabilities of the Municipality, and of all appropriations made by the Council. The Director of Finance shall examine and approve, if in proper form and an appropriation has been duly made, payrolls, bills and other claims, and prepare and sign all warrants. The Director of Finance shall assist the Mayor and the Council in the preparation of estimates, budgets and appropriations, and shall perform such other duties as the Mayor may impose upon such Director consistent with the office. No person shall act as Director of Finance unless such person possesses an undergraduate degree with a major in accounting or finance from an accredited four-year college or university or a post-graduate degree in accounting or finance, and such person has at least three (3) full years of accounting experience preceding the appointment.

Is hereby amended to read as follows: (New Language Underlined and Deleted Language in Brackets and Bold Print)

The Director of Finance shall be the head of the Finance Department and the fiscal officer of the Municipality. The Director of Finance shall be appointed by the Mayor, and shall serve at the will of the Mayor. [with the concurrence of a majority of the membership of the legislative authority, not to exceed the Mayor's term of office. The Director of Finance may be removed from office by the Mayor; provided, however, that such removal shall not take place without the concurrence of two-thirds (2/3) of the membership of the legislative authority.] The Director of Finance shall serve the Mayor and the Council as financial advisor in connection with Municipal affairs. The Director of Finance shall supervise the keeping of the financial accounts of the Municipality and the several departments and officers thereof. It shall be the duty of the Director of Finance to keep an accurate account of all taxes and assessments, of all monies due to and all receipts and disbursements by the Municipality, of all the assets and liabilities of the Municipality, and of all appropriations made by the Council. The Director of Finance shall examine and approve, if in proper form and an appropriation has been duly made, payrolls, bills and other claims, and prepare and sign all warrants. The Director of Finance shall assist the Mayor and the Council in the preparation of estimates, budgets and appropriations, and shall perform such other duties as the Mayor may impose upon such Director consistent with the office. No person shall act as Director of Finance unless such person possesses an undergraduate degree with a major in accounting or finance from an accredited four-year college or university or a post-graduate degree in accounting or finance, and such person has at least three (3) full years of accounting experience preceding the appointment.

Section 3 - The ballots for said election shall, at the top thereof, be entitled "Proposed Avon Charter Amendments" and the question to be submitted on said ballot shall be in the words following: "Shall the proposed amendment of Article V, Section 3, which grants to the Mayor the exclusive authority to appoint and remove the Director of Finance be adopted?" In the appropriate position shall appear the words "YES" and "NO."

Section 4 - Notice of the proposed Municipal Charter Amendment shall be given by newspaper advertising as provided by law.

Section 5 - The Clerk of Council is directed to certify a copy of this Ordinance to the Board of Elections of Lorain County. She is further directed to take all other action required by law relative to the submission of said Amendment at said election.

Section 6 - That it is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

Section 7 - That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare of the citizens of the City of Avon, the immediate emergency being the necessity of Council to submit the Charter Amendments proposed by the Charter Review Commission to the electors of the City on November 3, 1998; therefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor.

PASSED:           DATE SIGNED:

By: Ted Graczyk, Council President

DATE APPROVED BY THE MAYOR

James A. Smith, Mayor

APPROVED AS TO FORM:

Daniel P. Stringer, Law Director

Patricia A. Vierkorn, Clerk of Council

POSTED: In Five Places as Provided by Council

Prepared by: Daniel P. Stringer, Esq., Law Director

Archive of City of Avon documents

Home

Back to the top