Charter Amendment Ordinance 153-98,
Avon, Ohio

ORDINANCE NO. 153-98

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE X, SECTION 3 RELATING TO THE RECALL OF AN ELECTED OFFICIAL 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 X, Section 3, which presently reads as follows:

Electors shall have the power to remove from office, by recall election, any elected official of the Municipality. After an elected official has served six (6) months of his term, a petition demanding his recall and removal may be filed with the Clerk of Council. Such petition shall be signed by at least twenty-five (25%) of the total electors who voted for the office of the elected official who is the subject of the recall, at the last Municipal election at which an official for that elective office was elected.

Within ten (10) days from the date of filing such petition, the Clerk shall determine the sufficiency thereof. If the Clerk shall find the petition insufficient, the Clerk shall promptly certify the particulars in which the petition is defective and deliver a copy of the Clerk's certificate to the person who filed the petition with the Clerk, and such person shall be allowed twenty (20) days from the delivery of such copy of the certificate in which to make the petition sufficient. If the Clerk shall find the petition sufficient, the Clerk shall promptly so certify such fact to the Council and to the officer whose removal is sought, and if the officer does not resign within five (5) days thereafter, the Council shall thereupon order and fix a day for holding a recall election, not less than thirty (30) days nor more than forty (40) days from the date of the Clerk's certificate of sufficiency.

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

Electors shall have the power to remove from office, by recall election, any elected official of the Municipality. After an elected official has served six (6) months of his term, a petition demanding his recall and removal may be filed with the Clerk of Council. Such petition shall be signed by at least fifteen percent (15%) of the electors eligible to vote for the office of the elected official who is the subject of the recall. [Such petition shall be signed by at least twenty-five percent (25%) of the total electors who voted for the office of the elected official who is the subject of the recall, at the last Municipal election at which an official for that elective office was elected.]

Within ten (10) days from the date of filing such petition, the Clerk shall determine the sufficiency thereof. If the Clerk shall find the petition insufficient, the Clerk shall promptly certify the particulars in which the petition is defective and deliver a copy of the Clerk's certificate to the person who filed the petition with the Clerk, and such person shall be allowed twenty (20) days from the delivery of such copy of the certificate in which to make the petition sufficient. If the Clerk shall find the petition sufficient, the Clerk shall promptly so certify such fact to the Council and to the officer whose removal is sought, and if the officer does not resign within five (5) days thereafter, the Council shall thereupon order and fix a day for holding a recall election, not less than thirty (30) days nor more than forty (40) days from the date of the Clerk's certificate of sufficiency.

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 Article X, Section 3 relating to the recall of an elected official of the City of Avon, which currently requires a recall petition to be signed by Twenty-Five (25%) percent of the number of electors who voted for the office, be amended to require the signatures of Fifteen (15%) percent of the electors eligible to vote for the office?" 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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