Charter Amendment Ordinance 148-98,
Avon, Ohio

ORDINANCE NO. 148-98

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE V, SECTION 2 THAT THE MAYOR HAVE THE EXCLUSIVE AUTHORITY TO APPOINT AND REMOVE THE DIRECTOR OF LAW 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 2, which presently reads as follows:

The Director of Law shall be the head of the Law Department and 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 Law 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 Law shall serve the Mayor, the Council, the administrative officers and departments, and the commissions and boards of the Municipality as legal counsel and shall represent the Municipality in all proceedings in court or before any administrative body. The Director of Law may act as Prosecuting Attorney for the Municipality. No person shall act as Director of Law unless duly admitted to practice law in the State of Ohio, and unless such person shall have been engaged in the active practice of Law continuously for a period of three (3) years next preceding such person's appointment.

The Director of Law shall perform all other duties now or hereafter imposed upon City Solicitors by the laws of the State of Ohio unless otherwise provided by ordinance of the Council, and the Director of Law shall perform such other duties as the Council or Mayor may impose upon the Director of Law consistent with the office. The Council may from time to time authorize the employment of Special Counsel for particular matters.

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

The Director of Law shall be the head of the Law Department and 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 Law 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 Law shall serve the Mayor, the Council, the administrative officers and departments, and the commissions and boards of the Municipality as legal counsel and shall represent the Municipality in all proceedings in court or before any administrative body. The Director of Law may act as Prosecuting Attorney for the Municipality. No person shall act as Director of Law unless duly admitted to practice law in the State of Ohio, and unless such person shall have been engaged in the active practice of Law continuously for a period of three (3) years next preceding such person's appointment.

The Director of Law shall perform all other duties now or hereafter imposed upon City Solicitors by the laws of the State of Ohio unless otherwise provided by ordinance of the Council, and the Director of Law shall perform such other duties as the Council or Mayor may impose upon the Director of Law consistent with the office. The Council may from time to time authorize the employment of Special Counsel for particular matters.

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 2, which grants to the Mayor the exclusive authority to appoint and remove the Director of Law 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

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