City Charter
THE CHARTER
OF THE
CITY OF NEWTON FALLS, OHIO
EDITOR’S NOTE: The Newton Falls Charter was originally adopted by the electors on September 20, 1966. Dates in parentheses after section headings indicate those provisions that were subsequently enacted, amended or repealed on the date given.
TABLE OF CONTENTS
PREAMBLE
ARTICLE I INCORPORATION, POWERS AND FORM OF GOVERNMENT
Section 1. Incorporation.
Section 2. Powers.
Section 3. Form of Government. (11-2-93)
Section 4. Conflict of Interest (11-2-93)
Section 5. Use of Gender. (11-2-93)
ARTICLE II MAYOR
Section 1. Election. (11-2-93)
Section 2. Qualifications. (5-8-01)
Section 3. Duties. (11-2-93)
Section 4. Salary. (2-10-97)
Section 5. Absence or Disability of Mayor or Vacancy of Office. (11-2-93)
ARTICLE III CITY COUNCIL
Section 1. Membership and Terms. (11-2-93)
Section 2. Qualification of Members. (5-8-01)
Section 3. Vacancies. (11-4-03)
Section 4. Removal. (11-2-93)
Section 5. Salaries (12-16-96)
Section 6. Meetings and Organization. (11-4-03)
CHARTER 2
ARTICLE III CITY COUNCIL (Cont.)
Section 7. Special Meetings. (11-4-03)
Section 8. Emergency Meetings. (5-8-01)
Section 9. Powers. (11-4-03)
Section 10. Procedure of Council.
Section 11. Appointment of the City Manager. (11-7-78)
Section 12. Interference With Appointments.
Section 13. Department, Offices, and Duties.
Section 14. City Clerk. (11-2-05)
Section 15. Ordinances. (11-2-93; 5-8-01)
Section 16. Procedure For Passage of Ordinances and First Reading. (11-7-78)
Section 17. Second Reading and Public Hearing. (11-7-78)
Section 18. Further Consideration and Final Passage. (11-7-78)
Section 19. Publication of Ordinances After Final Passage and Permissive Referendum. (11-7-78)
Section 20. Exception As To Newspaper Publication of Code Ordinances.
Section 21. Emergency Ordinances. (11-8-88.)
Section 22. Resolutions.
ARTICLE IV CITY MANAGER
Section 1. Qualifications. (11-4-03)
Section 2. Duties. (11-8-88; 11-2-93; 5-8-01; 11-4-08)
ARTICLE V DEPARTMENTS
Section 1. Department of Law. (11-2-05)
Section 2. Department of Finance (11-8-88; 11-2-93)
Section 3. Police Department (5-4-93; 11-2-93)
Section 4. Zoning Department. (11-4-03; 11-2-05)
Section 5. Department Heads. (11-4-03)
ARTICLE VI COMMISSIONS AND BOARDS
Section 1. Civil Service Commission. (11-2-93; 5-8-01; 11-4-03)
Section 2. Planning and Zoning Commission. (11-4-03; 11-2-05)
Section 3. Park and Recreation Board. (11-4-03; 11-2-05)
Section 4. Treasury Investment Board. (11-8-88; 5-8-01)
Section 5. Reports by the Boards and Commissions. (5-8-01)
Section 6. Removal of Board/Commission Members. (11-4-03)
ARTICLE VII ELECTIONS, GENERAL PROVISIONS
Section 1. Procedures for Nomination and Election.
Section 2. Initiative and Referendum.
Section 3. Removal of Elective Officers.
Section 4. Recall. (11-8-88)
Section 5. Open Elections. (11-8-88)
ARTICLE VIII FISCAL YEAR, TAXATION, PURCHASES
Section 1. Fiscal Year.
Section 2. Limitation on Tax Rate.
Section 3. Contracts and Purchasing. (5-8-01)
3 CHARTER
ARTICLE IX SUCCESSION IN GOVERNMENT
Section 1. Right of Officers and Employees. (11-7-78)
Section 2. Continuance of Present Officers. (11-7-78)
Section 3. Status of Officers and Employees Holding Positions When the Charter Takes Effect. (11-7-78)
Section 4. Transfer of Records and Property. (11-7-78)
Section 5. Continuity of Offices, Departments or Agencies. (11-7-78)
Section 6. Continuance of Contracts and Public Improvements. (11-7-78)
Section 7. Pending Actions and Proceedings. (11-7-78)
Section 8. When Provisions Take Effect. (11-7-78)
Section 9. General Laws, Ordinances, etc. Shall Prevail.
Section 10. Administrative Functions Not Assigned.
Section 11. Discontinuance of Offices. (11-7-78)
ARTICLE X AMENDMENTS TO CHARTER
ARTICLE XI CHARTER REVIEW
ARTICLE XII EFFECT OF PARTIAL INVALIDITY
THE CHARTER
OF THE
CITY OF NEWTON FALLS, OHIO
PREAMBLE
We, the people of the City of Newton Falls, in the County of Trumbull and the State of Ohio, in order that we may have the benefits of municipal home rule and exercise all powers of local self-government, do frame and adopt this Charter for the government of the City of Newton Falls.
ARTICLE I
INCORPORATION, POWERS AND FORM OF GOVERNMENT
SECTION 1. INCORPORATION.
The municipal corporation now existing as the City of Newton Falls shall continue to be a body politic and corporate under the same name and with the same boundaries, with authority to change its boundaries and annex other territory contiguous thereto in the manner authorized by the general laws of Ohio: but no territory shall be detached therefrom, nor shall the city be annexed to any other municipality, without the consent of the Council and a majority of the electors voting on such question.
SECTION 2. POWERS.
The City of Newton Falls, shall have all powers of local self-government now or hereafter granted to municipalities by the Constitution and laws of Ohio, and such further powers as may now or hereafter be granted by the laws of Ohio; and all such powers shall be exercised in the manner prescribed by this Charter or, if not prescribed herein, by ordinance of the Council created hereby.
SECTION 3. FORM OF GOVERNMENT.
The form of government provided by this charter shall be known as “The Mayor-Council-Manager Plan”. The representative branch shall consist of the Council and Mayor elected by the voters of the Municipality, and shall possess respectively the legislative and judicial powers specified in this Charter. The Council shall appoint a Manager who shall be the Chief Administrative officer of the Municipality.
(Amended November 2, 1993)
SECTION 4. CONFLICT OF INTEREST.
No member of the Council, the Mayor or any other officer or employee of the City, shall directly or indirectly have an interest in any contract, job, work or service with or for the City; nor in the profits or emoluments thereof, nor in the expenditure of any money on the part of the City other than his fixed compensation; and any contracts with the City in which such officer or employee is, or becomes, interested may be declared void by the Council.
(Enacted November 2, 1993)
SECTION 5. USE OF GENDER.
Wherever in this Charter the male gender is used, it is hereby understood that it shall include the female gender.
(Enacted November 2, 1993)
ARTICLE II
MAYOR
SECTION 1. ELECTION.
The Mayor shall be elected at the regular municipal election of 1967 and every fourth year thereafter for a term of four years. A Mayor may be elected to an unlimited number of terms but may not serve any more than two consecutive terms at one time. His term shall commence and he shall assume his office on the first day of January next following such election and serve until his successor is elected and qualified.
(Amended November 2, 1993)
SECTION 2. QUALIFICATIONS.
The Mayor shall have been for at least one year prior to his election and during his term of office shall continue to be a resident of the Municipality and a qualified elector thereof and shall not be interested in the profits or emoluments of any contract job, work or service with or for the City.
Any person serving as Mayor who should cease to possess any of said qualifications, or moves from the City, shall forthwith forfeit his office. (Amended May 8, 2001)
SECTION 3. DUTIES.
The Mayor shall serve as official and ceremonial head of the City government, shall be recognized as the head of the City government by the Governor for military purposes and by the Courts for the purpose of serving Civil processes. He shall be presiding member of the City Council and shall preside over all Council sessions and shall be recognized as a member of Council, but shall have a vote only in the event of a tie.
(Amended November 2, 1993)
SECTION 4. SALARY.
The Mayor shall receive a salary of four thousand eight hundred dollars ($4,800) per year. The Council shall have authority to change the salary by ordinance, but no such ordinance shall take effect as to the Mayor then in office. Such an ordinance shall not be passed as an emergency ordinance and shall be passed at least one hundred days before a primary election in order to become effective for the following mayoral term.
(Amended by Ordinance 96-28. Passed 2-10-97.)
SECTION 5. ABSENCE OR DISABILITY OF MAYOR OR VACANCY OF
OFFICE.
During any period when the Mayor shall be absent or inaccessible or unable for any cause to perform his duties, the Vice President of Council shall be acting Mayor and shall also continue as Councilman with all the powers and duties as councilman. He shall serve as Presiding Officer of the Council. In the event the Office of Mayor shall become vacant, the Vice President of Council shall thereupon become acting Mayor, but shall maintain all powers and duties of his Council seat. The office of Mayor shall remain vacant, until the next Municipal election when a successor shall be elected.
(Amended November 2, 1993)
ARTICLE III
CITY COUNCIL
SECTION 1. MEMBERSHIP AND TERMS.
The legislative powers of the City, except as limited by this Charter, shall be vested in a Council consisting of five members of whom shall represent each of the four wards within the City and one of whom shall be an at-large member elected from the City at-large. The members of the Council shall serve for a term of four years. A Councilman may be elected to an unlimited number of terms but may not serve any more than two consecutive terms at one time. His term shall commence on the first day of January next following their election. At the 1979 general election, the Councilmen from the second and fourth wards shall be elected for a term commencing on the first day of January next following their election. At the 1981 general election, the Councilmen from the first and third wards and the at-large member shall be elected for the term commencing on the first day of January next following their election. Thereafter the Councilmen shall be elected as herein set forth.
(Amended November 2, 1993)
SECTION 2. QUALIFICATION OF MEMBERS.
Any Members of the Council shall have resided in the City of Newton Falls for at least one year preceding his election and shall continue to reside in the City and be a qualified elector thereof throughout his entire term of office. No member of the Council shall be directly or indirectly interested in the profits or emoluments of any contract, work or service with or for the City.
Any “ward” Council member shall have also resided in the ward that he intends to represent for at least one year preceding his election and shall continue to reside in that ward and be a qualified elector thereof throughout his entire term of office.
Any person serving as a member of Council who ceases to possess any of said qualifications, or moves from the City, shall forthwith forfeit his office.
(Amended May 8, 2001)
SECTION 3. VACANCIES.
Any vacancy in the office of Councilman shall be filled within 60 days by a majority vote of the remaining Councilmen. Upon failure to make such appointment for the vacant office of Councilman within sixty (60) days, the Mayor shall make such appointment within 5 days. A qualified elector as defined in Article III; Section 2 of the affected ward within the City shall fill vacancies of the office of Councilman. The individual filling the vacancy shall be appointed only until a general election can be held for the office. Should a incoming member die, resign, or be disqualified between the election and the time of taking office, the position shall be vacant until filled under the provisions of this section. (Amended November 4, 2003)
SECTION 4. REMOVAL.
The office of an elective officer of the City shall be declared vacant by resolution of Council upon determination that the elected officer:
A. Does not possess, or has ceased to possess, the qualifications of office; or
B. Has failed to take the required oath or to give any bond required of him within twenty days after notification of his appointment of election, or obligation to give a new or additional bond; or
C. While in office has been convicted of a felony or crime involving moral turpitude; or
D. Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance or nonfeasance in office; or
E. Has been adjudicated legally incompetent; or
F. Has violated his oath of office.
Council shall be the judge of the election and qualification of its own members. In addition to the grounds for removal provided above, Council may remove any of its members for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three consecutive regular meetings.
The decision of Council to remove an elective officer shall be made only upon the affirmative vote of a majority of the members of Council entitled to vote on such question after public hearing upon the charge or charges brought, and provided further, that the accused officer shall have been notified in writing of the charge or charges against him at least fifteen days in advance of such public hearing; and provided further, that he or his counsel shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges. An accused Member of Council shall not vote on the question of his removal, the decision of Council after compliance with this section shall be final. Upon the removal of such officer, the vacancy thereby occurring in such office shall be filled in the manner provided by this Charter, and the officer so removed shall not be eligible for appointment to fill such vacancy.
(Amended November 2, 1993)
SECTION 5. SALARIES.
The salary of a member of the Council shall be three thousand six hundred dollars ($3,600) per year. The Council shall have authority to change the salary by ordinance but only for succeeding Councils and not later than one hundred days prior to a primary election for new Councilmen.
(Amended by Ordinance 96-29. Passed 12-16-96.)
SECTION 6. MEETINGS AND ORGANIZATION.
Not later than the first Monday of January following each regular Municipal election, the Council shall meet at the Council Chambers of the City for the purpose of organization. Thereafter the Council shall meet at such times as may be prescribed by its rules, regulations, ordinances and by-laws; but it shall hold regular meetings at least twice during each month of the year. All regular and special meetings of Council shall be subject to the provisions of the Ohio Sunshine Law, codified in Section 121.22 of the Ohio Revised Code.
(Amended November 4, 2003)
SECTION 7. SPECIAL MEETINGS.
The Mayor, Vice President of Council or any two members of Council may call special meetings. There shall be given at least seventy-two hours notice in writing of such special meeting, served personally on each member of Council or at his usual place of residence. The specific purpose stated by the notification can only be considered at such meeting.
(Amended November 4, 2003)
SECTION 8. EMERGENCY MEETINGS.
Emergency meetings may be called by the Mayor, the Vice-President of Council or any two members of Council. There shall be at least ten hours notice in writing of such emergency meeting served personally on each member of Council or at his usual place of residence. Such notice shall state the subject(s) to be considered at the meeting and no other business may be considered at such meeting. (Enacted May 8, 2001)
SECTION 9. POWERS.
All the powers of the City and the determination of all matters of policy shall be vested in the Council. Without limitation of the foregoing, the Council, by a majority vote, shall have power to:
a. appoint, assign duties not otherwise specified in this Charter and remove the City Manager;
b. establish other administrative departments;
c. adopt the budget of the City, levy taxes and special assessments;
d. authorize the issuance of bonds, notes and other forms of indebtedness by ordinance;
e. inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs;
f. appoint the members of the Civil Service Commission;
g. appoint the members of the Planning Commission;
h. establish all salaries and wages;
i. adopt plats;
j. adopt and modify the official map of the City;
k. regulate and restrict the height and number of stories of buildings and other structures, the size of yards and courts, the density of populations and the location and use of buildings for trade, industry, business, residence or other purposes;
l. enact and adopt ordinance measures and regulations for the establishment and preservation of the public peace, safety, health and general welfare;
m. enter into contracts and grant franchises;
n. accept gifts and grants on behalf of the City;
o. provide for an independent audit;
p. determine and establish all rates, charges, assessments and contracts pertaining to the use and service of public utilities;
q. perform such other duties and exercise such other rights, not inconsistent with this Charter, as now or hereafter granted to the legislative authority of any municipality in Ohio;
r. City Council shall appoint any qualified individual to perform the duties of City Manager during the City Manager’s temporary absence or disability. Such approval shall be given by motion to the City Clerk. A member of City Council and the Mayor shall be disqualified for such designation.
(Amended November 4, 2003)
(Pursuant to an Ohio Ethics Opinion advisory letter a City Council members may not receive additional managerial compensation if appointed pursuant to this Section.)
SECTION 10. PROCEDURE OF COUNCIL.
The Council shall determine its own rules and order of business insofar as they are not set forth in this Charter. The Council shall keep a journal of its proceedings which shall be a public record open to public inspection.
All legislative action shall be by ordinance or resolution, except when otherwise required by the Constitution or the laws of the State of Ohio, but departmental procedure and administrative matters may be transacted by motion recorded on the journal.
SECTION 11. APPOINTMENT OF THE CITY MANAGER.
The Council shall appoint an officer of the City who shall have the title of City Manager and shall have the powers and perform the duties in this Charter provided. The Council shall set the terms and conditions of employment prior to the appointment of the City Manager and such Manager may be removed only in accordance with such terms and conditions.
(Amended 11-7-78)
SECTION 12. INTERFERENCE WITH APPOINTMENTS.
Neither the Council nor any of its members shall direct or request the appointment of any person to, or his removal from, office by the City Manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. Any Councilman charged with violating the provisions of this section upon conviction thereof, shall be guilty of a misdemeanor and shall thereby cease to be a councilman.
SECTION 13. DEPARTMENT, OFFICES, AND DUTIES.
The Council by ordinance may create, change and abolish offices, departments or agencies other than the offices, departments or agencies established by this Charter. The Council by ordinance may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency.
SECTION 14. CITY CLERK.
City Council shall appoint a City Clerk and such other officers and employees of its own body as necessary. The City Clerk shall also serve as Clerk of Council. The City Clerk shall keep the records of City Council and perform such other duties as are required by ordinance or resolution. All officers and employees of City Council shall serve during the pleasure thereof.
(Amended November 2, 2005)
SECTION 15. ORDINANCES.
In addition to such acts of Council as are required by statute or by this Charter to be by ordinance, every act of the Council establishing a fine or other penalty or authorizing, the borrowing of money, or granting a franchise, or to sell or lease real estate, or to create, abolish or reorganize any departments, or offices, or to fix compensation, shall be by ordinance. Council must also authorize the expenditure of funds by ordinance unless the expenditure is authorized in a budget adopted by Council, or governed by Article VIII Section 3 of this Charter. The enacting clauses of all ordinances shall be, “The Council of the City of Newton Falls, State of Ohio, hereby ordains.”
(Amended November 2, 1993; May 8, 2001)
SECTION 16. PROCEDURE FOR PASSAGE OF ORDINANCES AND FIRST
READING.
Every ordinance, except emergency ordinances, shall be introduced in writing in the form in which it is to be finally passed, and after passage on first reading shall be published by title only, at least once, in a newspaper of general circulation in the City, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least one week prior to the time advertised for the public hearing.
(Amended 11-7-78)
SECTION 17. SECOND READING AND PUBLIC HEARING.
At the time and place so advertised, or at any time and place to which such hearing shall from time to time be adjourned, such ordinance shall be read by title only and after such reading all persons interested shall be given an opportunity to be heard.
(Amended 11-7-78)
SECTION 18. FURTHER CONSIDERATION AND FINAL PASSAGE.
After such hearing, the Council may finally pass such ordinance with or without amendment, except that if it shall make an amendment which constitutes a charge of substance, it shall not finally pass the ordinance until it shall have caused the amended title to be published at least once, together with a notice of the time and place when and where such amended ordinance will be further considered, which publication shall be at least three days prior to the time stated. At the time so advertised or at any time and place to which such meeting shall be adjourned, the amended ordinance shall be read by title only and a public hearing thereon shall be held and after such hearing the governing body may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pursuant to this Charter shall be final, and no further passage shall be required.
(Amended 11-7-78)
SECTION 19. PUBLICATION OF ORDINANCES AFTER FINAL PASSAGE AND
PERMISSIVE REFERENDUM.
After final passage every ordinance shall again be published by title only, and, except as otherwise provided in this Charter, shall be subject to permissive referendum as provided in Article VII, Section 2 of this Charter. Every ordinance, unless it shall specify a later date, shall become effective at the expiration of thirty days after such publication following final passage, or, if the ordinance be submitted at a referendum election then upon a favorable vote of a majority of those voting thereon except as otherwise expressly provided by this Charter.
(Amended 11-7-78)
SECTION 20. EXCEPTION AS TO NEWSPAPER PUBLICATION OF CODE
ORDINANCES.
Notwithstanding the provisions of the foregoing sections, ordinances establishing regulations for the construction of buildings, the installation of plumbing, the installation of electric wiring, or any similar construction code, or income tax code or regulations, or revision and recodification of ordinances without modification of substance, which code or recodification it is provided by the ordinance shall be published in printed form for distribution need not be published in a newspaper, either before or after final passage. At least three correct copies of the ordinance, in the form in which it has been passed on the first reading shall, however, be made available to public inspection in the office of the City Clerk and in lieu of publication of the ordinance, there shall be published a notice, describing the ordinance in brief and general terms and stating that the ordinance is available for public inspection at the office of the City Clerk, together with the time and place when and where it will be considered for final passage, and after final passage, a notice describing the ordinance in brief and general terms and stating that it is available for public inspection in the office of the City Clerk and will take effect thirty days after such publication unless submitted to referendum in which event it will not take effect unless approved as required by law.
SECTION 21. EMERGENCY ORDINANCES.
When necessary, for the preservation for the public peace, health, welfare, or safety, the Council, by affirmation vote of two-thirds of the members elected thereto, may adopt an emergency ordinance which shall take effect upon passage. Such emergency ordinance shall set forth and define the specific facts designating the emergency. Such emergency ordinance shall require no public hearing and both the first and second reading may be passed at the same meeting. Such emergency ordinance shall be published as other ordinances after final passage. No ordinance granting a franchise or fixing a rate to be charged by a public utility shall be passed as an emergency measure.
(Amended November 8, 1988)
SECTION 22. RESOLUTIONS.
Where action by Council is not required to be by ordinance, Council may act by resolution or motion. All resolutions shall require but one reading and no publication, and shall take effect immediately upon their adoption.
ARTICLE IV
CITY MANAGER
SECTION 1. QUALIFICATIONS.
The City Manager shall be chosen by City Council solely on the basis of his executive and administrative qualifications as judged by the adequacy of his technical training and/or his successful experience in public administration. At the time of his appointment, the Manager need not be a resident of the City or State, but within six (6) months of his date of appointment he shall become an elector of the City and maintain that status throughout the balance of his period of service as City Manager. Council shall fix the City Manager’s salary, terms and conditions of employment.
No elected officer of the City may be appointed to the office of City Manager within two (2) years after the expiration of the elected term. (Amended November 4, 2003)
SECTION 2 DUTIES.
The City Manager shall be the administrative head of the City.
a. He shall in accordance with the law appoint, supervise, suspend and remove all officers and employees of the City under his jurisdiction.
b. He shall see that the contracts and ordinances of the City and the laws of the State of Ohio are enforced.
c. He shall make such recommendations to the Council concerning the affairs of the City as may seem to him desirable, keep Council advised of the financial condition and future needs of the City, prepare and submit an annual report, and such other reports as may be required by Council, issue all licenses and permits pursuant to ordinance, and perform all other duties prescribed for him in this Charter, or imposed upon him by any measure of Council.
d. The City Manager, together with such subordinates as he shall designate, shall be entitled to sit with Council and all of the City’s boards and commissions, and to take part in any discussion, but shall have no vote; except as may be otherwise set forth in this charter.
e. Specifically, however, the City Manager shall not be entitled to sit with the Civil Service Commission.
f. The City Council shall appoint any qualified individual to perform the duties of City Manager during the City Manager’s temporary absence or disability. Such approval shall be given, by motion, to the City Clerk.
g. He shall prepare and submit to Council with the assistance of the Finance Director, a budget no later than November 15 of each year to be adopted by Council prior to December 31.
h. He shall act as purchasing agent for the City and shall sign all contracts, bonds and notes on behalf of the City.
(Amended November 8, 1988; November 2, 1993; May 8, 2001; November 4, 2008)
ARTICLE V
DEPARTMENTS
SECTION 1. DEPARTMENT OF LAW.
There shall be a Department of Law, the head of which shall be the Director of Law, who shall be appointed and removed by Council and shall serve under the supervision of the City Manager.
The Director of Law shall be an attorney-at-law who shall have practiced in this State for at least five years.
The Director of Law shall be the chief legal advisor of all offices, departments and agencies and of all officers and employees in matters relating to their official powers and duties. He shall represent the City in all legal proceedings, unless otherwise authorized by City Council, necessitated by contractual obligations, or as required by law. It shall be his duty to perform all services incident to the Department of Law as may be required by statute, or by ordinance or resolution of the council.
(Amended November 2, 2005)
SECTION 2. DEPARTMENT OF FINANCE.
There shall be a Department of Finance, the head of which shall be the Director of Finance, who shall be appointed and removed by Council and shall serve under the supervision of the City Manager.
The Director of Finance shall provide a bond with surety and in such amount as the Council may require by ordinance; the premium for such bond shall be paid for by the City.
The Director of Finance shall be the chief fiscal officer and shall have charge of the administration of the financial affairs of the City and to that end he shall have authority and shall be required to keep the financial records of the City, exhibiting accurate statements of all moneys received and expended, of all property owned by the City, and of all taxes and assessments. He shall advise the City Manager concerning the financial condition of the City and shall examine all payrolls, bills and other claims against the City and shall issue no warrants unless he finds that the claim is in proper form, correctly computed, duly approved and that an appropriation has been made therefore. He shall collect all money due and payable to the City and shall be the custodian of all public money of the City and shall disburse the same as may be required by law or ordinance. He shall examine and audit the accounts of all other officers, employees, departments, boards and commissions, and shall assist the City Manager in the preparation and submission of appropriation measures, estimates, budgets, and other financial matters. He shall perform all other duties now or hereafter imposed on City Auditors and Treasurers under the laws of the State of Ohio and shall perform such other duties, consistent with his office, as may be required by the City Manager.
The Director of Finance shall be qualified by training and experience to discharge the duties of the Department of Finance in a capable manner. The Director of Finance shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control.
The Council, by a majority affirmative vote, may designate an officer or employee of the City, who during absence or disability of, or during a vacancy in the office of Director of Finance, shall exercise the powers and discharge the duties and functions of the Director of Finance, under the title of Acting Director of Finance.
(Amended November 8, 1988; November 2, 1993)
SECTION 3. POLICE DEPARTMENT.
There shall be a Newton Falls Police Department, the head of which shall be the Chief of Police, who shall be appointed and removed by Council and shall serve under the supervision of the City Manager.
The Chief of Police shall have sole jurisdiction and control over the Police Department and its employees in accordance with the laws of the State and the rules and regulations of the Newton Falls Police Department. The Chief of Police shall appoint, supervise and discipline up to the point of dismissal, all officers and employees under his jurisdiction and control. Notwithstanding any other section of this Charter that precludes Council or its members from participating in the removal of an employee, dismissal of an employee of the Police Department shall be made by a two thirds vote of a panel consisting of the two Council members of the Public Safety Committee and the City Manager, upon recommendation of the Police Chief.
(Amended May 4, 1993; Ord 93-10. Passed 2-15-93.)
SECTION 4. ZONING DEPARTMENT.
There shall be a department of Zoning, the head of which shall be the Zoning Administrator, who shall be appointed and removed by City Manager and shall serve under the supervision of the City Manager. The Zoning Administrator shall be chosen solely on the basis of technical and administrative qualifications. Council shall fix the Zoning Administrator’s salary and terms and conditions of employment.
Duties of Zoning Administrator shall be:
Administer and enforce all laws, rules and regulations contained in the zoning ordinance. Attend all Planning and Zoning Commission meetings and provide technical assistance as a non-voting member. Provide a monthly report of activities, fees collected and permits issued to Council. Collect all fees necessary for the issuance and inspections related to zoning and planning requirements. (Amended November 4, 2003; November 2, 2005)
SECTION 5. DEPARTMENT HEADS.
The department heads listed in this section shall in conjunction with the City Manager have the authority in their departments to supervise and discipline up to the point of dismissal, all employees under their jurisdiction and control.
The department heads are the Law Director (Director of Law), the Finance Director (Director of Finance), Police Chief (Chief of Police), Zoning Administrator (Zoning and Inspection Administrator), and the designated head of any other department that is lawfully established and funded by the City. (Amended November 4, 2003)
ARTICLE VI
COMMISSIONS AND BOARDS
SECTION 1. CIVIL SERVICE COMMISSION.
The Civil Service Commission shall consist of three members, who shall be qualified electors of the City and shall be appointed for terms of six years each by a majority vote of the members elected to Council; provided that the first persons appointed by Council pursuant to this section shall be appointed as follows: one member shall be appointed for a two year term, one member shall be appointed for a four year term, and one member shall be appointed for six year term and thereafter each member shall be appointed for a six year term and shall continue in office until his successor is appointed.
The Commission members shall designate one of the three as chairman and one of the three as secretary. No member of the Civil Service Commission shall hold any other office or employment with the City and not more than two such members shall be members of the same political party. Each member of the Civil Service Commission shall be paid $10.00 per meeting, not to exceed $100.00 per year and to be paid on or before December 31.
The civil service of the Municipality is hereby divided into unclassified and classified service. The unclassified service shall include;
City Manager City Clerk
Director of Law All other employees of Council
Director of Finance All temporary employees
Police Chief All part-time employees
Unskilled Laborer All employees of the Newton Falls
Municipal Court System
Emergency Management Director
Zoning Administrator All elected officials and their secretaries
Members of Board and Commissions established by this Charter or ordinance
All employees with professional qualifications engaged as consultants.
(Amended November 4, 2003)
The classified service shall comprise all positions not specifically included by this section in the unclassified service. The Civil Service Commission may certify the top three candidates from a promotional exam to the appointing officer for promotion to any position within the classified service.
The Commission shall have all powers and duties granted and imposed by the general laws of the State of Ohio to civil service commissions, and shall be controlled by such statutes except where the same are in conflict with this Charter.
(Amended November 2, 1993)
SECTION 2. PLANNING AND ZONING COMMISSION.
There shall be a City Planning and Zoning Commission which shall consist of five voting members, who shall be qualified electors of the City and who are appointed by the Council, none of whom shall hold any other public office or position in the City. The Commission shall elect its chairman from among voting members. Each member of the Planning and Zoning Commission shall be paid $10.00 per meeting, not to exceed $150.00 per year to be paid on or before December 31 of each year. (Amended November 4, 2003)
The term of the appointive members shall be five years. Any vacancy during the unexpired term of an appointive member shall be filled by the Council for the remainder of the terms.
The Commission shall have all powers and duties granted and imposed by the general laws of the State of Ohio to planning commissions and zoning boards, and shall be controlled by such statutes except where the same are in conflict with this Charter.
(Added November 2, 2005)
SECTION 3. PARKS AND RECREATION BOARD.
The Park and recreation board shall consist of two (2) members of Council appointed by a majority vote of Council, the Mayor, and two qualified electors of the City who are appointed by Council, for a term of three years each; and shall continue in office until his successor is appointed. Each appointed member of the Parks and Recreation Board not a member of Council shall be paid $10.00 per meeting, not to exceed $100.00 per year to be paid on or before December 31 of each year.
The Parks and Recreation Board is an advisory body that reviews and evaluates the policies, development, maintenance, conditions and operations of the City’s parks, playgrounds, Community Center and or other recreational facilities and programs and then forwards it recommendations on how to best meet the community’s recreational needs to Council for its consideration. (Amended November 2, 2005)
SECTION 4. TREASURY INVESTMENT BOARD.
The Treasury Investment Board shall consist of the Finance Director, City Manager, Law Director, and two members of Council. Council’s representatives to the Treasury Investment Board shall include the Chairman of the Finance Committee and one other member chosen by a majority vote of Council. Each Council representative’s term on the Treasury Investment Board shall be the same as his term on Council.
The Treasury Investment Board shall supervise and control the direction of the investments of any surplus, reserve, or inactive funds of the City and shall direct the investments as are permitted to fiduciaries by general law. (Enacted November 8, 1998)
The Treasury Investment Board shall hold a quarterly meeting and submit a written report to City Council following each meeting of the Board. (Amended 5-8-01)
SECTION 5. REPORTS BY THE COMMISSIONS AND BOARDS.
All Commissions and Boards authorized in this Charter or appointed by Council or the City Manager are hereby required to provide a written annual report for the preceding calendar year. Any such report shall be submitted to the City Clerk by not later than January 31st of each year, distributed to Council, and read at the next regular Council meeting. Any such annual report shall include a statement of all funds expended by the commission/board and the activities engaged in by the commission/board during the preceding calendar year. (Amended May 8, 2001)
SECTION 6. REMOVAL OF BOARD/COMMISSION MEMBERS.
Any member appointed by Council to any Board or Commission, may be removed from such office in the same manner as removal of elective officers, as specified in Article III, Section 4 of this City Charter. Such action for removal shall only be initiated by a majority vote of the Board or Commission recommending removal of one or more of its members to City Council.
(Amended November 4, 2003)
ARTICLE VII
ELECTIONS, GENERAL PROVISIONS
SECTION 1. PROCEDURES FOR NOMINATION AND ELECTION.
Unless otherwise provided in this Charter and its amendments, elections in the City of Newton Falls shall be conducted in accordance with the general laws of the State of Ohio as administered by the Trumbull County Board of Elections.
SECTION 2. INITIATIVE AND REFERENDUM.
The rights of initiative and referendum upon ordinances and action taken by Council as prescribed in the Constitution of the State of Ohio and as set forth in the general laws of the State of Ohio, are hereby reserved to the people and shall be carried out according to the Constitution and the laws of this State.
SECTION 3. REMOVAL OF ELECTIVE OFFICERS.
Except as otherwise provided in this Charter, the removal of elective officers as prescribed in the Constitution of the State of Ohio and set forth in the general laws of the State of Ohio, is hereby reserved to the people and shall be carried out according to the Constitution and the laws of this State.
SECTION 4. RECALL.
Any member of Council or Mayor may be removed from office before expiration of his term by the qualified voters of the City. Procedure for such recall shall be that provided by the laws of the State.
(Enacted November 8, 1988)
SECTION 5. OPEN ELECTIONS.
The Primary Election shall be an opened primary whereby the two candidates that receive the most votes would face each other in a November General Election. The two candidates receiving the most votes in the primary would proceed to the November General Election irrespective of any party affiliation or designation of a party. In the Primary Election, the candidates running for election may designate a party, or choose not to. Irrespective of the party designation, only the two candidates with the highest number of votes would proceed to the November General Election.
(Enacted November 8, 1988)
ARTICLE VIII
FISCAL YEAR, TAXATION, PURCHASES
SECTION 1. FISCAL YEAR.
The fiscal year of the City shall begin with the first day of January and shall end with the next succeeding thirty-first day of December.
The first fiscal year, as established by this Charter, shall commence on the first day of January, 1968.
SECTION 2. LIMITATION ON TAX RATE.
The powers of Council to levy taxes shall be subject to the limitations now or hereafter provided by the Constitution and the general laws of the State of Ohio and nothing contained in the Charter shall be construed as authorizing the levy of any taxes in excess of such limitations without a vote of the people.
SECTION 3. CONTRACTS AND PURCHASES.
The Manager may, within the amounts and items appropriated by the Council, make purchases and enter into contracts in behalf of the City without competitive bidding, in accordance with the provisions of the general laws of this State, except as may be otherwise provided by ordinance of the Council. No purchase in excess of those limitations provided by the general laws of this State, shall be made except with the lowest and best bidder as determined by Council after advertising for bids, in writing, for a period of at least two weeks in a newspaper of general circulation within the City; provided, however, that the Council may authorize a contract for personal services without advertising for bids, and that Council may authorize a purchase or a contract involving an expenditure in excess of the limits as provided by the general laws of this State, without advertising for bids, if it determines and declares by an affirmative vote of all members that an emergency exists and sets forth the nature of the emergency in its resolution or ordinance. (Amended 5-8-01)
ARTICLE IX
SUCCESSION IN GOVERNMENT
SECTION 1. RIGHTS OF OFFICERS AND EMPLOYEES.
EDITOR’S NOTE: Former Section 1 was repealed by the voters on November 7, 1978.
SECTION 2. CONTINUANCE OF PRESENT OFFICERS.
EDITOR’S NOTE: Former Section 2 was repealed by the voters on November 7, 1978.
SECTION 3. STATUS OF OFFICERS AND EMPLOYEES HOLDING POSITIONS WHEN
THE CHARTER TAKES EFFECT.
EDITOR’S NOTE: Former Section 3 was repealed by the voters on November 7, 1978.
SECTION 4. TRANSFER OF RECORDS AND PROPERTY.
EDITOR’S NOTE: Former Section 4 was repealed by the voters on November 7, 1978.
SECTION 5. CONTINUITY OF OFFICES, DEPARTMENTS OR AGENCIES.
EDITOR’S NOTE: Former Section 5 was repealed by the voters on November 7, 1978.
SECTION 6. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS.
EDITOR’S NOTE: Former Section 6 was repealed by the voters on November 7, 1978.
SECTION 7. PENDING ACTIONS AND PROCEEDINGS.
EDITOR’S NOTE: Former Section 7 was repealed by the voters on November 7, 1978.
SECTION 8. WHEN PROVISIONS TAKE EFFECT.
EDITOR’S NOTE: Former Section 8 was repealed by the voters on November 7, 1978.
SECTION 9. GENERAL LAWS, ORDINANCES, ETC. SHALL PREVAIL.
Insofar as they are not inconsistent with or contradictory to the provisions of this Charter, or to the provisions of any lawfully enacted ordinance, the general laws of this State shall be the law for the City of Newton Falls. All existing ordinances, resolutions, regulations, contracts and commitments of the City of Newton Falls not inconsistent with or contradictory to the provisions of this Charter, shall remain in full force and effect until changed by proper authority of the City of Newton Falls.
SECTION 10. ADMINISTRATIVE FUNCTIONS NOT ASSIGNED.
The City Manager shall have power to perform any and all administrative functions not herein otherwise assigned until changed by ordinance.
SECTION 11. DISCONTINUANCE OF OFFICES.
EDITOR’S NOTE: Former Section 11 was repealed by the voters on November 7, 1978.
ARTICLE X
AMENDMENTS TO CHARTER
The Council may, by affirmative vote of four-fifths or more of its members, submit to the electors any proposed amendment or amendments to this Charter; or upon petition signed by not less than ten percent of the electors of the City setting forth any proposed amendment or amendments to the Charter, the Council shall forthwith submit such proposed amendment or amendments to the electors in accordance, in each instance, with the provisions of the Constitution.
If any such proposed amendment or amendments shall be approved by a majority of the electors voting thereon, it or they shall become a part of this Charter, except that if two or more inconsistent proposed amendments on the same subject shall be submitted at the same election, only the one of such amendments receiving the largest affirmative vote, not less than a majority, shall become a part of this Charter.
ARTICLE XI
CHARTER REVIEW
At the first regular Council meeting in February 1998, and similarly each five years thereafter, Council shall appoint a commission of seven qualified electors, whom shall hold no other office or appointment in the City at the time of their appointment, to serve as a Charter Review Commission. The seven shall be chosen from a list submitted of available citizens and voted on by a majority vote of Council. The top seven vote getters will be on the Commission. The appointed members shall elect their own chairman. Within four calendar months of the date of their appointment said Commission shall recommend to Council such alterations, revisions, and amendments, if any, to this Charter as in the judgment of a majority of said Commission are desirable. City Council shall submit to the electors all such proposed alterations, revisions, or amendments to be voted on at the next general election. Each said commission shall cease to function on the day of the next general election following its appointment.
(Amended November 2, 1993)
ARTICLE XII
EFFECT OF PARTIAL INVALIDITY
In the event of a determination that any part of this Charter is invalid such determination shall not invalidate or impair the force or effect of any other part hereof except to the extent that such other part is wholly dependent for its operation upon the part declared invalid.
