EDITOR'S NOTE: The Union Charter was approved by the voters November 3, 1981. Dates appearing in parentheses following a heading indicate that the section was amended, enacted or repealed on the date given.
PREAMBLE
ARTICLE I INCORPORATION
AND POWERS
Sec. 1.01 Name and Boundary.
Sec. 1.02 Powers.
Sec. 1.03 Form of Government.
Sec. 1.04 Intergovernmental Cooperation
ARTICLE II MAYOR
AND COUNCIL
Sec. 2.01 Composition and Term.
Sec. 2.02 Qualification.
Sec. 2.03 Prohibitions. (11-6-84)
Sec. 2.04 Organization.
Sec. 2.05 Powers of Council.
Sec. 2.06 Procedures.
Sec. 2.07 Publication.
Sec. 2.08 Duties of the Mayor.
Sec. 2.09 Salaries of Mayor and Councilmembers.
Sec. 2.10 Investigations.
Sec. 2.11 Vacancies; Forfeiture of Office; Filling of Vacancies.
(11-6-84)
Sec. 2.12 Advisory Commission.
Sec. 2.13 Adoption of Codes.
ARTICLE III
ADMINISTRATION SERVICE
Sec. 3.01 Appointment of Manager.
Sec. 3.02 Qualifications.
Sec. 3.03 Tenure.
Sec. 3.04 Power and Duties.
Sec. 3.05 Absences or Disabilities.
Sec. 3.06 Administrative Departments.
Sec. 3.07 Director of Law.
Sec. 3.08 Director of Finance.
Sec. 3.09 Department of Police.
Sec. 3.10 Planning Commission.
Sec. 3.11 Board of Zoning Appeals.
ARTICLE IV FINANCE,
TAXATION AND DEBTS
Sec. 4.01 General.
Sec. 4.02 Levies, Bonds and Notes.
Sec. 4.03 Other Fees and Taxes.
Sec. 4.04 Fees.
Sec. 4.05 Conflict of Interest.
ARTICLE V NOMINATIONS
AND ELECTIONS
Sec. 5.01 Municipal Elections.
Sec. 5.02 Election of Mayor.
Sec. 5.03 Election of Councilmembers.
Sec. 5.04 Nominations.
Sec. 5.05 Sponsors; Acceptance.
Sec. 5.06 Ballots.
Sec. 5.07 Watchers and Challengers.
Sec. 5.08 Plurality.
Sec. 5.09 Public Information on Issues.
ARTICLE VI RECALL
Sec. 6.01 Recall.
Sec. 6.02 Forms of Petitions.
Sec. 6.03 Filing and Examination of Petitions.
Sec. 6.04 Amendment of Petitions.
ARTICLE VII
INITIATIVE AND REFERENDUM
Sec. 7.01 Initiative and Referendum.
ARTICLE VIII
MERIT SYSTEM
Sec. 8.01 Merit Principle.
Sec. 8.02 Exempt Positions. (11-6-84)
Sec. 8.03 Director of Personnel.
Sec. 8.04 Personnel Advisory and Appeals Board.
Sec. 8.05 Duties of the Board.
Sec. 8.06 Appeal from Disciplinary Action.
Sec. 8.07 Rules of the Manager.
Sec. 8.08 Transition.
ARTICLE IX GENERAL
PROVISIONS
Sec. 9.01 Oath of Office.
Sec. 9.02 Official Bond.
Sec. 9.03 Amendments to Charter.
Sec. 9.04 Severability.
ARTICLE X TRANSITION
PROVISIONS
Sec. 10.01 Fiscal Successions.
Sec. 10.02 Continuation of Ordinances.
Sec. 10.03 Continuation of Officers.
Sec. 10.04 Transfer of Records and Property.
Sec. 10.05 Continuance of Contracts and Public Improvements.
Sec. 10.06 Pending Actions and Proceedings.
Sec. 10.07 When Charter takes Effect.
Sec. 10.08 Board of Public Affairs.
Sec. 10.09 Incumbent Mayor and Councilmembers.
Sec. 10.10 Clerk-Treasurer.
We, the people of Union, Montgomery County, Ohio, in order that we may have the benefits of municipal home rule and exercise all of the powers of local self-government and other powers conferred under the Constitution and Statutes of the State of Ohio, do hereby ordain and establish the following Charter for our municipality.
SECTION 1.01
NAME AND BOUNDARY.
The municipal corporation existing as the Village of Union under
the general statutes of the State of Ohio shall continue to be
a body politic and corporate under the same name under this Charter.
The municipality shall have the same boundaries that exist on
the effective date of this Charter, with power and authority to
change its boundaries and annex territory in the manner authorized
by the laws of Ohio. When the municipality shall attain the status
of a City, under the Constitution and laws of Ohio it shall be
known as the "City of Union". As used in this Charter,
"Municipality" shall mean the municipal corporation
of Union.
SECTION 1.02
POWERS.
The Municipality shall have all the powers that may now or hereafter
lawfully be possessed or exercised by municipal corporations under
the Constitution and laws of Ohio, including all powers of local
self-government and Home Rule.
All powers of local self-government and Home Rule shall be exercised
in the manner prescribed in this Charter, or to the extent not
prescribed thereby, then in such manner as may now or hereafter
be provided by the general laws of Ohio.
No act of the Municipality shall be invalid or limited by reason
of failure to enumerate a particular power in this Charter.
SECTION 1.03
FORM OF GOVERNMENT.
The municipal government provided by this Charter shall be known
as the "Mayor-Council-Manager Form of Government". Pursuant
to its provisions and subject only to the limitations imposed
by the State constitution and by this Charter, all powers of the
municipality shall be vested in a elected Mayor-Council, which
shall enact local legislation, adopt budgets, determine policies,
and appoint the manager, who shall execute the laws and administer
the government of the municipality.
SECTION 1.04
INTERGOVERNMENTAL COOPERATION.
(a) In carrying out any lawful function or power of the Municipality,
the Council may, by a majority vote of its members, authorize
the execution of contracts or in any other manner provide for
cooperation or joint action, between the Municipality and the
Federal Government, State of Ohio, other states, Municipalities,
Subdivisions of any state, Council of Governments or other organizations,
corporations, whether for profit or nonprofit, firms, persons,
or other entities, their officers, departments, divisions, instrumentalities
or other units or agencies thereof.
(b) The powers granted by this section shall be liberally construed
to authorize intergovernmental cooperation, or other cooperation,
but shall not authorize the avoidance of the provisions of this
Charter concerning taxation or initiative or referendum.
SECTION 2.01
COMPOSITION AND TERM.
Except as otherwise provided in this Charter, the legislative
powers of the municipality shall be vested in an elected Council
of seven members. One of these shall be known as the Mayor and
the remaining six as Councilmembers. All shall be elected at large
for four-year terms in accordance with Article V of the Charter.
SECTION 2.02
QUALIFICATION.
Any qualified elector who has been a resident of the municipality
or of territory annexed thereto for a period of one (1) year immediately
prior to the date of election and who is not the occupant of an
incompatible office under the federal, state, county, or municipal
government, shall be eligible to serve as a member of Council
or as Mayor.
SECTION 2.03
PROHIBITIONS.
(a) A Councilmember or Mayor who ceases to be a qualified resident
or who accepts and enters upon the performance of duties of an
incompatible office shall automatically vacate the position as
Councilmember or Mayor.
(b) No former Councilmember or Mayor holding office within twenty-eight
(28) days of the effective date of this Charter shall hold any
appointive office or employment with the municipality for which
compensation is authorized until one year after leaving office.
(c) No Councilmember or Mayor shall have any interest in the profits
or emoluments of any contract, job, work or service for which
monies of the municipality are expended. (Amended November 6,
1984)
(d) Council shall be the sole judge of the qualifications of its
members.
SECTION 2.04
ORGANIZATION.
The newly elected Councilmembers shall subscribe to the Oath of
office set forth in Section 9.01 of this Charter immediately following
the certification of election and prior to Dec. 31 of that year.
On January 1 following each municipal election, or within fourteen
(14) days thereafter, the Council shall meet for the purpose of
organizing. At this meeting, or as soon thereafter as the Council
finds feasible, the Council shall:
(a) Elect a Vice Mayor, who shall be a member of Council and who
shall act as Mayor with full authority in the temporary disability
of the Mayor, or when requested to so act by the Mayor during
the latter's temporary absence from the municipality. The Vice
Mayor shall be elected at a reorganization meeting or Council
for a two-year term and may not be removed form the office by
Council except as provided by Sections 2.03, 2.11, and Article
VI of this Charter.
(b) Appoint a clerk, also to be known as the Clerk of Council,
whose duty it shall be to keep the journal and other records of
the Council and to perform other duties as the Council may require.
SECTION 2.05
POWERS OF COUNCIL.
All legislative power of the Municipality shall be vested in the
Council, except as otherwise provided by this Charter and the
Constitution of the State of Ohio. Without limitation of the foregoing,
the Council shall have and possess the following powers:
(a) The power to levy taxes and incur debts.
(b) The power to establish departments, boards and commissions
and fix compensation.
(c) The power to provide for an independent audit of the accounts
and records of the Municipality, without competitive bidding,
which may be in addition to audits by state offices and agencies
as may be required under the general laws of Ohio.
(d) The power to conduct investigations and to inquire into the
conduct of any office, department, divisions, bureau, board, commission
or any officer or employee of the Municipality in the performance
of their public powers, duties, responsibilities, and functions.
(e) The power to grant any franchise, including franchises to
public utilities; by ordinance adopted by a vote of not less than
five members of the Council.
(f) The power to appoint, suspend, or remove, by a motion adopted
by a vote of not less than five members of Council, the members
of any board or commission of the Municipality, whether the board
or commission is created by this Charter or by ordinance or resolution.
(g) Issue subpoenas for witnesses and to require the production
of books and papers which may be necessary in the conduct of any
hearing or investigation.
SECTION 2.06
PROCEDURES.
(a) The Council shall meet regularly at least once in every month
as prescribed in its rules. Special meetings may be held on the
call of the Mayor or of a majority of members. Whenever practicable,
every member shall be given at least twelve (12) hours notice
of each special meeting. All meetings shall be public. Council
may recess to a closed session for the purpose of discussing any
matter which would tend to defame or prejudice the reputation
of any person, or matters of confidential nature provided that
the general subject matter for consideration is expressed in the
motion calling for such session, and that the final action thereon
shall not be taken by the Council until the matter is placed on
the agenda.
(b) A majority of the members of Council shall constitute a quorum.
(c) The Council shall determine its own rules and order of business
and shall provide for keeping a journal shall be a public record.
(d) Action of Council shall be by ordinance, resolution, or motion.
Every action of a general and permanent nature, or granting a
franchise, or levying a tax, or appropriating money, or contracting
a debt, or for the purchase, lease or transfer of public property,
or establishing an offense and fixing a penalty therefore shall
be taken by ordinance. All other actions may be by resolution
or motion. Any member of Council may, at regular or special meeting,
introduce any ordinance, resolution or motion.
(e) Each ordinance or resolution shall contain only one subject,
which shall be expressed in its title; provided that appropriation
ordinances may contain the various subject, accounts, and amounts
for which monies are appropriated, and that ordinances and resolutions
which are codified, recodified or published in book form are not
subject to the limitation of containing one subject.
(f) Except on procedural motions voting shall be by roll call
and the yeas and nays shall be recorded in the journal. The affirmative
votes of at least a majority of the members of Council shall be
required for ever action.
(g) Every ordinance shall be fully and distinctly read on three
different days, unless each member has previously been furnished
a copy thereof, in which case it can be read by title only. By
an affirmative vote of five (5) members of Council, the Council
can suspend the rule requiring the reading of an ordinance on
three different days.
(h) Except as otherwise provided in this Charter, each ordinance
approved by the Council will be effective at the end of thirty
days following passage, or such longer period as is determined
by the Council. If the Council determines that an ordinance should
be passed on an emergency basis, the reasons for declaring such
ordinance to be an emergency measure shall be set forth in one
section of the ordinance, which section shall be passed only upon
a yea and nay vote upon a separate roll call with at least five
(5) of the membership voting affirmatively. No ordinance prescribing
rates and charges bya public utility, or granting a franchise,
or levying a tax, shall be passed as an emergency measure. An
emergency ordinance shall become effective immediately upon passage,
or at such later time as it may specify.
(i) Council shall not have the authority to delegate its legislative
power.
SECTION 2.07
PUBLICATION.
The Clerk shall certify by his/her signature and record in full
in properly indexed books, kept for the purpose, all ordinances
and resolutions adopted by the Council. Ordinances shall be published
in a newspaper of general circulation in the municipality, or
by posting in at least five prominent places in the municipality
(as prescribed by Council). Publication may be in summary form
with notice that a few text thereof may be obtained from the Clerk
of Council. Copies of all ordinances, resolutions, and amendments
to this Charter shall be available for public inspection in the
office of the Clerk. They may also be distributed or sold to the
public at such reasonable prices as are set by the Council.
SECTION 2.08
DUTIES OF THE MAYOR.
The Mayor, in addition to the powers, duties and functions as
a member of the Council, shall: preside at all meetings of the
Council; serve as the official head of the Municipality for all
ceremonial purposes; exercise judicial functions as conferred
upon mayors of municipal corporations by the general laws of Ohio;
be recognized as the head of the municipal government for military
purposes; and shall perform all other powers, duties and functions
imposed upon the Mayor by this Charter, ordinances or resolutions
adopted by the Council, or by the general laws of Ohio to the
extent such laws are consistent with this Charter and ordinances
and resolutions adopted by the Council.
SECTION 2.09
SALARIES OF MAYOR & COUNCILMEMBERS.
The salaries of members of the Council shall be established by
Council by ordinance or resolution to be adopted no later than
July 1, of each odd numbered year commencing in the year 1981.
The salaries so established shall be effective for a two-year
period beginning January 1, of the year immediately following
the adoption of the ordinance or resolution establishing them.
In the event Council shall fail to establish salaries as required
in this section, the salaries in effect for the prior two-year
period shall remain in effect until changed in accordance with
this section. The initial salary of members of the Council under
this Charter shall be that salary established for such office
and in effect January 1, 1981 and if none have been established,
the Council first elected under this Charter shall establish such
salaries within ninety days. Additional compensation may be establishing
the compensation of the members of the Council. No increase shall
be effective during the terms of the Mayor or Councilmembers in
office at the time such ordinance is passed.
SECTION 2.10
INVESTIGATIONS.
(a) Interference with Administration. Except for the purpose in
inquiry and investigation, the Council, its committees, and members,
including the Mayor, shall deal with municipal officers and employees
in the administrative service only through the Manager. Neither
the Council, its committees or any member shall interfere with
the appointment or removal of any officer or employee subordinate
to the Manager nor give any order to a subordinate of the Manager
either publicly or privately, except as otherwise provided in
this Charter.
(b) Investigations. Not withstanding the above, the Council may
make investigations into municipal affairs and the conduct of
any department or agency and for this purpose may subpoena witnesses,
administer oaths, take testimony, and require the production of
evidence. Any person who fails or refuses to obey a lawful order
issued in the exercise of this power shall be guilty of a misdemeanor
punishable by a fine of not more than $50.00 or such other sum
as Council shall ordain, or by imprisonment for not more than
thirty days, or both; and if such person is an employee of the
administrative service of the Municipality, such refusal shall
be grounds for dismissal.
SECTION 2.11
VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES.
(a) Council shall declare the office of Councilmembers or Mayor
vacant upon death, resignation, violation of Section 2.03 of this
Charter, recall in accordance with Section 6.01 of this Charter,
conviction of a crime involving moral turpitude, or failure to
attend three (3) consecutive regular meetings of the Council without
being excused by a majority of the other members.
(b) The Council shall provide written notice by certified mail
of its intention to consider whether to declare a vacancy in the
Council to any affected Councilmember accused of conduct which
gives rise to removal. The member shall be allowed thirty (30)
days to respond to such notification.
(c) If a vacancy occurs on or before the second June 30 following
the commencement of a term, the vacancy shall be filled by appointment
by a majority of the remaining members of Council; but such appointment
shall expire immediately following the certification of the results
of the next Council election. Whether or not such appointment
was made, the vacancy for the unexpired term shall be filled at
the next regular Council election. The three candidates with highest
number of votes shall be declared elected to full terms, and the
next candidate or candidates shall be declared elected to the
unexpired term or terms.
If a vacancy occurs after the second June 30 following commencement
of a term, the vacancy shall be filled by appointment for the
balance of the term.
In order to fill a vacancy on Council, Councilmembers shall have
the opportunity on every ballot cast to vote for any one of the
qualified electors seeking appointment to Council who have submitted
a letter requesting appointment to the Mayor or Acting Mayor within
fifteen (15) days following the official public announcement by
the Mayor or Acting Mayor of a vacancy on Council. The Mayor or
Acting Mayor shall make such public announcement at the first
Council meeting after the vacancy is established declared.
(d) If a vacancy occurs in the office of Mayor on or before the
second June 30 following the commencement of a term, the Vice
Mayor shall become Mayor, and shall remain in that office until
the certification of the results of the next Councilmember election,
at which time Mayor shall be elected for a two-year term. The
resulting vacancy on Council shall be filled in accordance with
Section 2.11 (b). Council shall then elect one of its members
to be Vice Mayor until the next Reorganization Meeting of Council.
(e) If a vacancy occurs in the office of Mayor after the second
June 30 following commencement of a term, the Vice Mayor shall
become Mayor, and the resulting vacancy on Council shall be filled
in accordance with Section 2.11 (b). Council shall then elect
one of its members to be Vice Mayor until the next Reorganization
Meeting of Council.
(f) If a vacancy on Council occurs and no appointment to fill
the vacancy can be made because no qualified candidate for appointment
receives a majority vote of the remaining Councilmembers within
thirty days of the official announcement that a vacancy exists,
the Mayor shall appoint with thirty days thereafter, one of the
qualified candidates to fill the vacancy. (Amended November 6,
1985)
SECTION 2.12
ADVISORY COMMISSION.
Upon authorization by the Council, the Mayor may appoint such
advisory commissions as deemed desirable. However, no such advisory
commission shall have the power to appoint municipal employees.
SECTION 2.13
ADOPTION OF CODES.
Council may adopt or incorporate by reference, codes prepared
by the state or any department, board or other agency or political
subdivision of the state, or any department, board or other agency
or political subdivision of the state, or any standard or model
ordinance or code prepared and promulgated by a public or private
organization, including but not limited to codes and regulations
pertaining to fire, fire hazards, fire prevention, plumbing, electrical,
building, and other matters as Council may deem appropriate. The
ordinance or resolution adopting any standard ordinance or code
shall make reference to the date and source of the standard ordinance
or code without reproducing it at length in the ordinance or resolution.
If the Council desires to modify, by additions to or deletions
from such codes or standard ordinances, such modifications shall
be clearly stated in an ordinances may also be adopted and incorporate
by reference. When adopted by reference, publication of the standard
ordinance or code shall not be required, but copies of same shall
be kept in the office of the Clerk of Council to be available
to interested persons.
SECTION 3.01
APPOINTMENT OF MANAGER.
The Council shall appoint, by a motion adopted by an affirmative
vote of a majority of its members, an officer of the Municipality
who shall have the title of "Municipal Manager" (hereinafter
referred to as the "Manager"). At the time of appointment,
the Manager need not be a resident of the Municipality with six
months after his or her appointment. The Council may waive the
residence requirement for an additional period of six months by
the adoption of a motion to that effect by a majority vote of
its members.
SECTION 3.02
QUALIFICATIONS.
In making the appointment of a Manager, the Council shall consider
the training, education and experience of applicants for the office,
together with other relevant considerations.
SECTION 3.03
TENURE.
The Manager shall be appointed for an indefinite term. The Manager
shall be removable at any time at the pleasure of Council by an
affirmative vote of a majority of its members. If removed at any
time after serving six months, the Manager may demand written
charges and the right to be heard thereon at a public meeting
of the Council not less than one week after receiving written
charges, and prior to the date on which final removal shall take
effect; but pending and during such hearing the Manager may be
suspended by the Council. The action of the Council in suspending
or removing the Manager shall be final, it being the intention
of this Charter to vest all authority and fix all responsibility
of any such suspension or removal in the Council. The Council
may authorize severance pay in case of the removal of the Manager.
Unless the Manager is removed for conduct constituting misfeasance,
malfeasance, or nonfeasance in office, the Manager shall be paid
all compensation that would have accrued through the date of removal,
including the period of suspension, and additional sum equal to
two months salary as termination pay. In the event of the resignation
of the Manager, the Council may, in addition to other compensation,
pay a sum not to exceed four months salary as termination pay.
SECTION 3.04
POWER & DUTIES.
The Manager shall be the chief executive officer and the head
of the administrative agencies of the Municipality. He shall be
responsible to the Council for the proper administration of the
affairs of the Municipality and, subject to the provisions of
this Charter, he shall have power and be required to:
(a) Appoint and when necessary remove any of the appointive officers
and employees of the municipality except as otherwise provided
in the Charter;
(b) Prepare the budget estimates annually, submit them to Council,
and administer the budget adopted annually;
(c) Prepare
and submit to the Council and to the public annually, a complete
report on the finances and administrative activities of the Municipality
for the preceding year;
(d) Keep the Council informed of the current financial condition
and future needs of the Municipality;
(e) With consent of Council, delegate to subordinate officers
and employees of the Municipality and duties conferred upon him
by this Charter and by ordinance, and hold them responsible for
their faithful discharge;
(f) Execute, on behalf of the Municipality, contracts for supplies
and services as authorized by the Council;
(g) Perform such other duties, not inconsistent with this Charter
as may be required by the Council;
(h) Enforce this Charter and all ordinances and resolutions of
Council.
SECTION 3.05
ABSENCES OR DISABILITIES.
The Manager may designate, by a letter filed with the Clerk of
Council, a qualified administrative officer of the Municipality
to perform the powers, duties and functions of the Manager during
the temporary absence or disability of the Manager. If the Manager
fails to make such designation, the Council may, by the adoption
of a motion by a majority vote of its members, appoint a qualified
administrative officer of the Municipality to perform such powers,
duties and functions during the temporary absence or disability
of the Manager. In event of an emergency and the Manager has not
filed a letter of designation, the Mayor shall make a temporary
appointment of a qualified member of the staff to act as a Manager,
until the Council acts as required in this section.
SECTION 3.06
ADMINISTRATIVE DEPARTMENT.
There shall be a Department of Finance, a Department of Law, a
Department of Service, and such other departments as may be established
by ordinance, after consulting with the Manager. Each such department
shall be headed by a Director, appointed by the Manager who shall
be an officer of the municipality. Each Director shall have supervision
and control over his department, subject to the direction of the
Manager except as otherwise provided in this Charter. Two or more
departments may be headed by the same person. The Manager may
serve as director of one or more departments in addition to his
duties as Manager, if approved by Council.
SECTION 3.07
DIRECTOR OF LAW.
The Director of the Department of Law shall be an attorney licensed
to practice law in the State of Ohio. He/she shall perform such
duties on a full-time or part-time basis, as may be assigned to
the office of Director of Law by general law, as well as those
imposed by the administrative code and this Charter. He/she need
not be or become a resident of the Municipality. The Council may
provide for assistants and special counsel to the Director of
Law. All assistants shall be appointed by the Director of Law.
The assistants shall be responsible to the Director of Law and
when authorized, may exercise all or any part of the powers, duties
and functions granted to the Director of Law under this section.
The Director of Law shall be appointed or removed by the Manager
with the approval of Council. Special counsel may be employed
by Council to perform powers, duties and function authorized by
and in the manner provided by Council.
SECTION 3.08
DIRECTOR OF FINANCE.
The Director of Finance shall be the chief fiscal officer of the
Municipality, and shall have the powers, and perform on a full
or part-time basis, the duties and functions now or hereafter
given to City Auditors and Treasurers under the general laws of
Ohio to the extent those laws are not in conflict with this Charter.
The Director of Finance shall be appointed or removed by the Manager
with approval of Council. The Finance Director shall provide full
and complete information concerning the financial affairs and
status of the Municipality as requested by the Manager, Council
or Mayor; and provide full and complete information and assistance
concerning the finances or accounting systems or records of any
office, department, division, bureau, board or commission of the
Municipality as requested by the Manager.
SECTION 3.09
DEPARTMENT OF POLICE.
There may be created a Department of Police by ordinance. Should
such a Department be established, the Director shall be selected
from qualified applicants. The Director shall be appointed or
removed by the Manager with the consent of Council. He/she shall
have all the powers and duties conferred upon him/her by the laws
of the State of Ohio and other ordinances not in conflict with
this Charter.
SECTION 3.10
PLANNING COMMISSION.
There shall be a Planning Commission of five members. One shall
be Mayor, one shall be a member of Council, elected by the Council,
whose term on the Planning Commission shall expire at the next
reorganization meeting of the Council. Three citizen members shall
be appointed by the Mayor, with the approval of the Council, for
four-year staggered terms, and shall serve without compensation.
The Manager shall be an ex-officio member without a vote. The
Planning Commission shall perform such duties as prescribed by
this Charter, ordinances of the municipality or state law, and
in addition shall serve as the platting commission of the municipality.
SECTION 3.11
BOARD OF ZONING APPEALS.
The Council, when it deems necessary, may appoint a Board of Zoning
Appeals consisting of three electors of the Municipality to serve
three-year staggered and overlapping terms of office. Of those
first appointed, one shall serve one year, one shall serve two
years, and one shall serve three years. Until Council establishes
a Board of Zoning Appeals, the Planning Commission shall act as
such, and shall, while so acting, be known as the Administrative
Board for Planning and Zoning Appeals. When appointed, the Board
shall establish its own rules of procedure and keep a record of
its proceedings in all matters coming before it. The Board of
Zoning Appeals shall have those powers, duties and functions as
provided by this Charter and as provided by the ordinances and
resolutions of the Municipality.
SECTION 4.01
GENERAL.
The laws of Ohio relating to budgets, appropriations, taxation,
debts, bonds, notes assessments and fiscal matters of the Municipality
shall be applicable to the Municipality; except as modified by
or inconsistent with the provisions of this Charter, or when provision
therefore is made in the Constitution of Ohio.
SECTION 4.02
LEVIES, BONDS AND NOTES.
The Council may annually levy a sufficient sum to prevent any
deficiency in the payment of interest, sinking fund and retirement
charges on all bonds and notes of the Municipality lawfully issued
and the expenses incident to the management of the sinking fund,
caused by a temporary loss of revenue or emergency expense or
unforeseen circumstances. Said levy shall be outside of the limitations
provided in this Charter.
SECTION 4.03
OTHER FEES AND TAXES.
The Council may establish such other taxes not prohibited by the
laws of the State of Ohio or the United States of America.
SECTION 4.04
FEES.
All fees received by any officer or employee of the Municipality
in connection with their employment with the municipality shall
be accounted for and paid into the Municipal Treasury.
SECTION 4.05
CONFLICT OF INTEREST.
Violation of any law of Ohio concerning prohibited interests by
officers and employees of the municipality in any contract or
expenditure made by the municipality shall constitute malfeasance
in office and the offending officer or employee may be removed
from office or the position of employment held with the Municipality.
SECTION 5.01
MUNICIPAL ELECTIONS.
The regular municipal election for Mayor and Councilmembers shall
be held in odd-numbered years on the first Tuesday after the first
Monday in November.
SECTION 5.02
ELECTION OF MAYOR.
The Mayor shall be elected at the regular municipal election every
four years beginning in 1983 by direct vote of the people on a
nonpartisan ballot for a term beginning the January 1 after his/her
election, but an incumbent shall continue until a successor has
been elected and has qualified for office.
SECTION 5.03
ELECTION OF COUNCILMEMBERS.
Councilmembers shall be elected at the regular municipal election.
Three Councilmembers shall be elected in each odd-numbered year
for four-terms beginning the January 1 following their election
but incumbents shall continue in office until their successors
have been elected and qualified for office.
SECTION 5.04
NOMINATIONS.
There shall be no primary election for municipal offices. Nominations
for the office of Mayor or Councilmember shall be made by petition
only, on the standard forms provided by the Montgomery County
Board of Elections for the nomination of nonpartisan candidates
for such offices. Petitions shall be filed with said Board of
Elections at least ninety days before the day of election. Candidates
for Mayor shall file petitions containing no less than 50 nor
more than 100 signatures of registered voters. Candidates for
Councilmember shall file petitions containing no less than 25
nor more than 50 signatures of registered voters. However, write-in
Candidates shall be permitted for the office of Mayor or Councilmember
in accordance with the Ohio Election laws.
SECTION 5.05
SPONSORS; ACCEPTANCE.
Each candidate may have a sponsoring committee of five qualified
voters, whose names and addresses shall appear on each copy of
his petition. Each candidate shall file a separate petition; group
petitions shall not be used. The signature of the candidate indicating
his acceptance of the nomination and willingness to accept the
office if elected shall appear on each copy of his petition. The
petition may be in a number of parts, but each part shall be completed
in compliance with the election laws of the State of Ohio; and
all parts shall be assembled by the committee prior to the submission
to the Board of Elections.
SECTION 5.06
BALLOTS.
The full names of candidates shall be printed on the official
ballot without party designation. If two candidates with same
surname, or with names similar enough to cause confusion, are
nominated, their residence addresses shall be printed below their
names.
SECTION 5.07
WATCHERS AND CHALLENGERS.
At each municipal election, each regularly nominated candidate
shall be entitled, on written application to the Board of Elections
at least ten (10) days before the election, to appoint one person
and one alternate to represent him as a watcher and challenger
at each polling place during the casting and counting of ballots,
and one person and one alternate to represent him as watcher and
challenger during the canvass of votes at the Board of Elections.
SECTION 5.08
PLURALITY.
A plurality of valid votes cast shall be sufficient to elect.
SECTION 5.09
PUBLIC INFORMATION ON ISSUES.
The Council shall have the power to appropriate and authorize
the expenditure of public funds to provide information to the
members of the public in connection with elections on proposed
tax levies and bond issues for the purposes of the Municipality,
and other issues affecting the Municipality and not involving
the election of candidates to a public office, or the recall of
a member of the Council.
SECTION 6.01
RECALL.
The voters of the Municipality shall have the power to recall
and remove from office the Mayor or any member of Council before
the expiration of term of office. A recall may be started by the
filing with the Clerk a petition signed by qualified voters equal
in number twenty-five (25) percent of those who cast ballots for
Mayor in the last preceding municipal election, requesting that
a Mayor or Councilmember, named in the petition, be removed from
office. The Clerk, if upon finding the petition sufficient, shall
immediately certify to the Board of Elections of Montgomery County,
to be placed on the ballot at the next succeeding municipal, general
or primary election occurring not less than thirty (30) days thereafter,
the question: "Shall (name of Mayor or Councilmember) be
recalled from the office of (name of Office) in the Municipality
of Union? Yes___ No___." If, at the election, a majority
of the votes cast on the question shall be in favor of recall,
the official shall forthwith be removed from office, and the resulting
vacancy filled in a manner prescribed in the Charter. No recall
petition shall be filed against an official during his first six
months in office. If an official against whom a petition is filed
is continued in office by the vote of the election, no further
recall petitions may be filed against him/her for a period of
one year. No more than three Councilmembers or no more than two
Councilmembers and the Mayor may be subject to recall to exceed
said number.
SECTION 6.02
FORMS OF PETITIONS.
All petition papers circulated for the purpose of recall shall
be uniform in size and style. The signatures to petitions need
not all be appended to one paper, but to each separate part there
shall be attached an affidavit the circulator that he/her personally
circulated the petition, that it bears a stated number of signatures,
that each signature was personally witnessed and believes them
to be the genuine signatures of the persons whose names they purport
to be. Each signature shall be in ink, or indelible pencil. Each
signer shall insert name, place of residence, and date of signing.
There shall appear on each copy of the petition the names and
addresses of five voters who, as a committee of the petitioners
shall be regarded as responsible to the municipality for the circulation
and filing of the petition. This committee shall file a copy of
the petition with the Clerk before any signatures are obtained.
SECTION 6.03
FILING AND EXAMINATION OF PETITIONS.
All separate papers comprising a recall petition shall be assembled
and filed with the Clerk as a single instrument. Within twenty
(20) days thereafter, the Clerk shall examine the petitions and
determine their validity and sufficiency, and report to Council.
SECTION 6.04
AMENDMENT OF PETITIONS.
In case any petition is found to be insufficient, the Clerk shall
notify the committee of the petitioners and the petition may be
amended within ten (10) days after the date of such notice. The
Clerk shall, within five (5) days after such an amendment has
been filed, reexamine the petition, and if it is still insufficient,
the petition shall be rejected and no further action taken thereon.
SECTION 7.01
INITIATIVE AND REFERENDUM.
The initiative and referendum powers are hereby reserved to the
people on all questions which the Council is authorized to control
by legislative action. Such powers shall be exercised in a manner
provided by the constitution and law of the State of Ohio, except
that all documents which according to the laws of the state are
to be filed with the auditor shall be filed with the Clerk of
the Council.
SECTION 8.01
MERIT PRINCIPLE.
Appointments and promotions in municipal service shall be made
according to merit, to be ascertained, as far as practicable,
by competitive examination.
SECTION 8.02
EXEMPT POSITIONS.
All positions in the municipal service shall be filled pursuant
to the preceding section except the following:
Members of the Council and the Mayor
Members of Boards and Commissions
Manager
Directors of Departments
Clerk of Council
Secretary to the Manager
Auxiliary Police
Police Lieutenant
Assistant Manager
Temporary employees of exceptional professional or scientific
qualifications engaged as consultants for limited periods of time.
Such unskilled labor as the Personnel Advisory and Appeals Board
finds impracticable to hire and employ in accordance with Section
8.01. (Amended November 6, 1984)
SECTION 8.03
DIRECTOR OF PERSONNEL.
The Manager shall appoint a Director of Personnel, to serve part
or full-time; the appointee may have another position with the
municipal administration, or the Manager may, with the consent
of Council, appoint himself. The Director Personnel shall:
(a) Conduct recruitment of qualified persons for positions;
(b) Prepare, schedule, and hold examinations; but nothing in this
section shall prevent him from cooperating with other merit system
agencies with regard to any phase of examination;
(c) Create eligible lists from results of examination;
(d) Certify eligibles to appointing authorities for appointment
or promotion;
(e) Establish a job classification plan and allocate the various
positions to classes within said plan;
(f) Certify payrolls to assure that all appointments have been
within the provisions of this article;
(g) Develop and conduct training programs;
(h) Perform such other duties relating to personnel as the Manager
may direct;
(i) Act as secretary to the Personnel Advisory and Appeals Board.
SECTION 8.04
PERSONNEL ADVISORY AND APPEALS BOARD.
There shall be a Personnel Advisory and Appeals Board of three
members, appointed by the Mayor with the Consent of the Council,
for staggered terms of three (3) years. Any vacancy within a term
shall be filled for the unexpired portion thereof. Any appointee
shall continue to serve until a successor has been qualified.
Each member of the Board shall be a resident of the municipality.
SECTION 8.05
DUTIES OF THE BOARD.
The Board shall serve without compensation and shall (1) hear
appeals from any nonexempt employee who has been suspended longer
than five days, dismissed from the municipal service, or demoted
to a lower grade and salary; (2) hear appeals concerning rejection
of applications for employment and the conduct of examinations;
(3) establish its own rules and procedures governing the conduct
of the Board's business; and (4) make such investigations of municipal
personnel practices as it deems necessary to carry out its responsibilities.
SECTION 8.06
APPEAL FROM DISCIPLINARY ACTION.
Whenever an employee, whose position is not exempt from merit
system requirements, and who has passed his probationary period
as set forth in the rules of the Manager, is disciplined by dismissal,
suspension of longer than five working days within any six month
period, or demotion to a lower grade and salary, employee may
appeal to the Board, under rules set forth by the Board; and if
their appeal meets the conditions of said rules, the board shall
hear their appeal within thirty days of the effective date of
the disciplinary action. After hearing the evidence on which disciplinary
action was based, and the employee explanation, the Board shall
render a judgment, either to affirm, reverse, or modify the decision
of the appointing authority; and such judgment shall be final.
In hearing any appeal, the Board shall have the power to subpoena
witnesses and require the production of records. The Board may
also promulgate such additional rules as may be required to carry
out the provisions of this section.
SECTION 8.07
RULES OF THE MANAGER
The Manager shall prepare rules and regulations necessary to carry
out a system of merit employment. Upon approval by Council, the
rules shall have the force and effect of law. Amendments may be
made from time to time, following the procedure for original adoption.
SECTION 8.08
TRANSITION.
All employees of the Municipality at the date of adoption of this
Charter shall continue to hold their employment as if they had
been appointed in accordance with this article.
SECTION 9.01
OATH OF OFFICE.
Every officer and employee of the Municipality shall, before entering
upon their duties, take and subscribe to the following oath or
affirmation to be given by the Mayor or other person authorized
to administer oath as designated by the Mayor. "I do solemnly
swear (or affirm) that I will support the Constitution of the
United States and the State of Ohio, and will obey the laws thereof,
and I will, in all respects, uphold and enforce the provisions
of the Charter and ordinances and resolutions of the Municipality
of Union, and will faithfully discharge the duties of _________________
upon which I am about to enter." Oaths of officers and employees
shall be filed and maintained by the Clerk of Council.
SECTION 9.02
OFFICIAL BOND.
All officers and employees of the municipality whose duties require
them to handle or be concerned with the management of its money
or other property may be required to furnish to the Clerk a corporate
surety bond issued by a company authorized to do business in Ohio,
to protect the municipality against loss due to their acts. The
amount of such bond shall, in each case, be determined by the
Council. The premiums of such bonds shall be paid from the funds
of the municipality.
SECTION 9.03
AMENDMENTS OF CHARTER.
This Charter may be amended or repealed by the voters as provided
by the Constitution of Ohio.
SECTION 9.04
SEVERABILITY.
If any provision of this Charter is held invalid, the other provisions
shall not be affected thereby.
SECTION 10.01
FISCAL SUCCESSIONS.
The Municipality of Union is hereby declared to be the only legal
successor the Village (or City) of Union and as such the Municipality
has title to all property real or personal, owned by the Village
(or City) including all monies on deposit and all taxes in the
process of collection together with all accounts receivable and
rights of action. All tax levies voted for a term of years shall
remain in effect for the full term provided in the vote. The Municipality
also is liable for all outstanding orders, contracts and debts
of the Village (or City) and for any other obligations for which
it may be held liable, as successor to the Village (or City),
by any court of competent jurisdiction.
SECTION 10.02
CONTINUATION OF ORDINANCES.
All ordinances of the Municipality of Union, in effect at the
time of the adoption of this Charter, shall remain in effect,
except as superseded by the provisions of this Charter, until
amended or repealed.
SECTION 10.03
CONTINUATION OF OFFICERS.
All persons holding office at the time this Charter takes effect
shall continue in office and in the performance of their duties
until provision shall have been made, in conformity with the Charter,
for the performance of such duties by a successor, or the office
is abolished.
SECTION 10.04
TRANSFER OF RECORDS AND PROPERTY.
All public records and property in the custody of officers and
employees of the Municipality shall be transferred and delivered
promptly to their successors when these have been designated by
ordinance passed by the Council under this Charter.
SECTION 10.05
CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS.
All contracts entered into by the Municipality for its benefit,
prior to the taking effect of this Charter, shall continue in
full force and effect. Public improvements for which legislative
steps have been taken under laws existing at the time this Charter
takes effect shall be completed, as nearly as practicable, under
the provisions of such laws.
SECTION 10.06
PENDING ACTIONS AND PROCEEDINGS.
No action or proceeding, civil or criminal, pending at the time
when this Charter shall take effect, brought by or against the
Municipality or any office, agency or officer thereof shall be
abated or affected by anything herein contained, but all such
actions shall be prosecuted or defended under the laws in effect
when they were filed.
SECTION 10.07
WHEN CHARTER TAKES EFFECT.
This Charter shall be voted upon at the general election held
on November 3, 1981. If approved by the voters, the Charter shall
go into effect January 1, 1982.
SECTION 10.08
BOARD OF PUBLIC AFFAIRS.
The existing Board of Public Affairs shall continue its existence
and operation, with current duties, responsibilities, and authority,
until March 30, 1982 at which time responsibility for all utility
operation shall be placed on the Council and Manager, and the
Board of Public Affairs shall become an advisory commission with
regard to municipally operated public utilities, to serve without
compensation. It shall continue in this capacity until December
31, 1984, or such later date as the Council shall determine. The
present members of the Board of Public Affairs shall continue
in office for terms for which they were elected. Thereafter the
Mayor shall have the power to appoint members to the Board, subject
to approval of the Council by majority vote.
SECTION 10.09
INCUMBENT MAYOR AND COUNCILMEMBERS.
The Mayor in office when this Charter takes effect shall continue
in office until completion of his term, or until his successor
is elected and qualifies. He shall perform the duties of Mayor,
and have the rights and privileges thereof, as set forth in this
Charter.
The members of Council elected in 1979 shall continue in office
as if elected under this Charter, provided they are otherwise
qualified, until the expiration of their term, and shall perform
the duties of members of Council as set forth in this Charter.
In the election of Councilmembers in 1981, three shall be elected
for four-year terms. The candidate with the fourth highest number
of votes shall be elected for a two-year term. Thereafter, three
Councilmembers shall be elected for four-year terms in every odd-numbered
years.
SECTION 10.10
CLERK-TREASURER.
The person holding the office of Village Clerk-Treasurer for the
Village of Union at the effective date of this Charter, is hereby
designated to serve as the Acting Director of Finance and Acting
Clerk of Council under this Charter, with all the powers, duties
and functions of the Director of Finance and Clerk of Council
under this Charter, until a Director of Finance and Clerk of Council
is appointed pursuant to this Charter.