Charter Amendment Ordinance 154-98,
Avon, Ohio

ORDINANCE NO. 154-98

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE III, SECTION 4 RELATING TO VACANCY IN THE OFFICE OF MAYOR 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 III, Section 4, which presently reads as follows: (a) Absence. When the Mayor is absent or inaccessible or is unable, for any cause or reason to perform the Mayor's duties, the President of Council shall become the acting Mayor, but the President of Council shall not thereby cease to be President of Council.

(b) Vacancy. In the event the office of Mayor shall become vacant for any reason, the President of Council shall thereupon become the Mayor, to serve for the unexpired term, and the office of President of Council shall become vacant.

(c) Absence of President of Council. In the event the President of Council shall be absent or inaccessible or, for any reason, unable to perform the duties of acting Mayor, then Council, by a vote of the majority of the remaining members of Council, shall designate one of its members to act as Mayor.

Is hereby amended to read as follows: (New Language Underlined)

If the office of the Mayor becomes vacant by reason of non-election, death, resignation, recall, removal from office, removal of residence from the City, or from any other cause whatsoever, and such vacancy occurs more than two hundred and seventy (270) days before the next regular municipal election to be held for the office of the Mayor, such vacancy shall be filled by special municipal election. Such special election shall be held on the first Tuesday after sixty (60) days from the day on which the vacancy first occurs; however, if a previously scheduled May or November election is no less than one hundred (100) days from the day on which the vacancy first occurs, such special election shall be held in conjunction with such election. All of the provisions in this Charter applicable to nominations and elections of candidates for the office of the Mayor shall apply. The person elected at such special election shall immediately assume office, shall have the same rights and responsibilities as any duly elected Mayor, and shall serve the remainder of the term of the prior Mayor.

During the existence of such a vacancy in the Office of the Mayor, the duties of the Office of the Mayor shall be discharged by the head of one of the departments provided for in this Charter under the title of Acting Mayor. The order of succession to the Office of the Mayor in the event the office becomes vacant is as follows: Director of Finance, Director of Public Service, Director of Public Safety, Director of Law; provided, however, that such person is a resident of the City of Avon. No Director appointed by an Acting Mayor may serve as Acting Mayor. In the event no Director is willing or able to serve as Acting Mayor, Council shall appoint the Acting Mayor by majority vote.

If the Mayor, or the person performing the duties of Mayor under the title of Acting Mayor, is temporarily absent from the City, or becomes temporarily disabled from any cause, the Mayor's duties shall be performed during the such absence or disability by the head of one of the departments identified above, in the order stated above, under the restriction stated above, under the title of Acting Mayor.

Article IV, Section 3(c)

(c) Acting Mayor. In the absence of the Mayor, the President of Council shall act as Mayor as provided in Article III, Section 4(a) of this Charter.

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

[(c) Acting Mayor. In the absence of the Mayor, the President of Council shall act as Mayor as provided in Article III, Section 4(a) of this Charter.]

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 III, Section 4 relating to vacancy in the Office of the Mayor be amended to provide for an election to be held in the event the office becomes vacant and to provide for an order of succession, pending such election, to the position of Acting Mayor in the following order: Director of Finance, Director of Public Service, Director of Public Safety, Director of Law, provided that such Director is a resident of the City of Avon; and providing that Council shall appoint the Acting Mayor if the Directors are unwilling or unable to serve as Acting Mayor; and further providing for the same order of succession in the event the Mayor is absent?" 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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