Charter Amendment Ordinance 151-98,
Avon, Ohio

ORDINANCE NO. 151-98

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO ENACTING A NEW CHARTER PROVISION AS ARTICLE V, SECTION 4.6 RELATING TO THE CHIEF OF THE FIRE DEPARTMENT 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 enacting new Section 4.6 of Article V to the Charter of the City of Avon as set forth below.

ARTICLE V, Section 4.6. CHIEF OF THE FIRE DEPARTMENT

TERMS OF EMPLOYMENT. The Chief of the Fire Department shall be appointed by the Mayor and shall serve at the will of the Mayor.

QUALIFICATIONS. Council shall provide, by ordinance, for the minimum requirements that a person must possess in order to be qualified for the position of the Chief of the Fire Department; provided, however, that a Mayoral appointee for the position of the Chief of the Fire Department shall be required to meet only those qualifications which existed ninety (90) days prior to appointment.

SALARY AND BENEFITS. Council shall provide, by ordinance, for the salary and benefits of the position of the Chief of the Fire Department; provided, however, that a duly appointed Chief of the Fire Department shall receive such salary and benefits as stated in the applicable salary and benefits ordinance in effect ninety (90) days prior to the appointment. Council shall have no authority to reduce the salary and benefits of the Chief of the Fire Department during the term of appointment.

CIVIL SERVICE. If the Chief of the Fire Department was a civil service employee in the employ of the City of Avon at the time of appointment, such person shall have the absolute right to return to such prior employment at the end of the appointment. The Chief of the Fire Department, serving pursuant to Civil Service appointment at time of passage of this Section of the Charter, shall continue in office until the office becomes vacant by death, resignation or removal from office pursuant to law.

DUTIES. The Chief of the Fire Department shall have exclusive control of the stationing and transfer of officers and employees constituting the fire department work force, under such rules and regulations as may be legally established by the Mayor. The Chief of the Fire Department shall perform such duties as required and permitted by the laws of the State of Ohio and such other duties as requested by the Mayor.

Section 2 - 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 Charter of the City of Avon be amended to include a new section granting the Mayor the exclusive authority to appoint and remove the Chief of the Fire Department with the provision that the Chief of the Fire Department, serving pursuant to Civil Service appointment at the time of passage of this section of the Charter, shall continue in office until the office becomes vacant by death, resignation or removal from office pursuant to law?" In the appropriate position shall appear the words "YES" and "NO."

Section 3 - Notice of the proposed Municipal Charter Amendment shall be given by newspaper advertising as provided by law.

Section 4 - 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 5 - 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 6 - 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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