CITY OF BRUNSWICK
PREAMBLE
We, the people of the City of Brunswick, in the County of
Medina, and State of Ohio, grateful to Almighty God for the freedoms we enjoy,
and in order to secure for ourselves the benefits of Municipal home rule and to
exercise all the powers of local self-government, conferred by the Constitution
and the laws of the State of Ohio, do hereby frame and adopt this Charter for
the government of the City of Brunswick.
ARTICLE I
NAME AND BOUNDARIES
1.01 NAME AND BOUNDARIES
The municipality now existing and known as the City of
Brunswick in the County of Medina and State of Ohio, shall continue to be a body
politic and corporate under the said name of the City of Brunswick and with the
same boundaries as now exist. The City of Brunswick may change its boundaries
and annex other territory thereto in the manner authorized by the general laws
of the State of Ohio. Territories that may be annexed shall immediately become
subject to the provisions of this Charter.
ARTICLE II
FORM OF GOVERNMENT AND POWERS
2.01 FORM OF GOVERNMENT
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 City Manager who shall execute the laws and administer the government
of the Municipality. The Municipality shall have only such other officers as are
provided for in this Charter or in ordinances duly enacted.
2.02 POWERS
The City of Brunswick shall have all powers of local
self-government and home rule now or hereinafter granted to municipalities by
the Constitution and laws of the State of Ohio. All such powers shall be
exercised in the manner prescribed by this Charter or if not prescribed herein,
then in such manner as may now or hereafter be provided by the laws of the State
of Ohio. No enumeration of specific powers in this Charter shall be held to be
exclusive. There is reserved to the people the right to petition for redress of
grievances.
2.03
INTERGOVERNMENTAL RELATIONS
The City may exercise any of its powers or perform any of its
functions and may participate in the financing thereof, jointly or in
cooperation, by contract or otherwise, with any one or more state or civil
divisions or agencies thereof, or the United States or any agency thereof.
ARTICLE III
CITY COUNCIL
3.01 COMPOSITION AND
QUALIFICATIONS
a. Composition
There shall be a City Council composed of seven (7) members.
Three (3) Councilmen shall be elected At-Large by the qualified voters of the
City; the other four (4) shall be Ward Councilmen elected by the qualified
voters of each ward, as provided in Article IX.
b. Qualifications
Only qualified voters of the City of Brunswick shall be
eligible to hold the office of Councilman. Each candidate for Ward Councilman
shall be a resident and qualified elector of the ward he seeks to represent.
Should any Councilman elected to represent a ward move from that ward, or any
Councilman-At-Large remove himself from the City, his position shall become
vacant and shall be filled as provided in this Charter.
3.02 ELECTION
AND TERMS OF COUNCIL
Effective January 1, 1995 Council Members from any ward shall
be elected to a four (4) year term. Effective January 1, 1997 at large council
members shall be elected to a four (4) year term. Those council ward
representatives elected in the 1995 election will be elected for a four (4) year
term. Those council at large members elected in the 1995 election will be
elected to a two (2) year term. (Amended 11-8-94)
3.03 COMPENSATION,
EXPENSES
The Council may determine the annual salary of Councilmen by
ordinance, but no ordinance increasing such salary shall become effective until
the date of commencement of the terms of Councilmen elected at the next regular
election, after its passage, provided that such election follows the adoption of
such ordinance by at least six (6) months. Councilmen shall receive their actual
and necessary expenses incurred in the performance of their duties of office as
provided by ordinance.
3.04 GENERAL
POWERS AND DUTIES
All legislative powers of the City shall be vested in the
Council, except as otherwise provided by law or this Charter, and the Council
shall provide for the exercise thereof and for the performance of all duties and
obligations imposed on the City by law.
3.05 PROHIBITIONS
No Councilman shall hold any other City office or City
employment or any appointment on any board or committee with the City except
committees of Council, and employment by the Board of Education.
a. Appointments and Removals
Neither the Council nor any of its members shall in any
manner dictate the appointment or removal of any City administrative officer or
employee whom the City Manager or any of his subordinates are empowered to
appoint, but the Council may express its views and fully and freely discuss with
the City Manager anything pertaining to appointment and removal of such officers
and employees.
b. Interference with Administration
Except for the purpose of inquiries and investigations under
Article VI, Section 6, the Council or its members shall deal with City officers
and employees who are subject to the direction and supervision of the City
Manager solely through the City Manager, and neither the Council nor its members
shall give orders to any such officer or employee either publicly or privately.
3.06 VACANCIES, FORFEITURE OF OFFICE, FILLING OF VACANCIES
a. Vacancies
The office of a Councilman shall become vacant upon his
death, resignation, removal from office in any manner authorized by law or
forfeiture of his office.
b. Forfeiture of Office
A Councilman shall forfeit his office if he lacks at any
time during his term of office:
1. Any qualification for the office prescribed by
this Charter or by law,
2. Violates any express prohibition of this Charter,
3. Is convicted of a crime involving moral turpitude,
or
4. Fails to attend three consecutive regular meetings
of the Council without being excused by the Council.
c. Filling of Vacancies
A vacancy in the Council shall be filled for the remainder of
the unexpired term, if any, at the next regular election following not less than
sixty (60) days upon the occurrence of the vacancy, but the Council by a
majority vote of all its remaining members shall appoint a qualified person to
fill the vacancy until the person elected to serve the remainder of the
unexpired term takes office. If the Council fails to do so within thirty (30)
days following the occurrence of the vacancy, the Mayor shall make an
appointment within a period of seven (7) days. Notwithstanding the requirement
that a quorum of the Council consists of four (4) members, if at any time the
membership of the Council is reduced to less than four, the remaining members
may by a majority action appoint additional members to raise the membership to
four.
3.07 JUDGE OF QUALIFICATIONS
The Council shall be the judge of the election and
qualifications of its members and of the grounds for forfeiture of their office
and for that purpose shall have power to subpoena witnesses, administer oaths
and require the production of evidence. A member charged with conduct
constituting grounds for forfeiture of his office shall be entitled to a public
hearing on demand, and notice of such hearing shall be published in one or more
newspapers of general circulation in the City at least one week in advance of
the hearing. Decisions made by the Council under this section shall be subject
to review by the courts.
3.08 CLERK OF COUNCIL
The Council shall appoint an elector of the City who shall
have the title of Clerk of Council and shall serve at the pleasure of Council.
The Clerk of Council shall give notice of Council meetings to its members and
the public, keep the journal of its proceedings and perform such other duties as
are assigned to him by this Charter or by the Council.
3.09 OFFICE OF THE MAYOR
a. Election of Mayor
The Mayor shall be an elector of the Municipality and be
elected by a majority vote of the electors of the Municipality. Effective
January 1, 1997 the Mayor will be elected for a period of four (4) years
beginning on the first day of January next following said election. The Mayor
shall be recognized as the official head of the Municipality for all ceremonial
purposes. (Amended 11-8-94)
b. Legislative Powers of the Mayor
The Mayor shall preside at all meetings of the Council but
shall not vote therein. The Mayor may take part in all discussions coming before
the Council.
c. Judicial Powers of the Mayor
The Mayor shall have all the judicial powers granted by the
laws of the State of Ohio to the Mayors of cities.
d. The Vacancy in Office of Mayor
When the Mayor is absent temporarily or inaccessible or is
unable, for any cause or reason to perform his duties, the Vice-Mayor, having
been elected by Council from its body to such position, shall serve as Mayor but
shall not cease to be a Councilman. In the event the office of Mayor shall
become vacant, the Vice-Mayor shall serve the unexpired term and his offices as
Vice-Mayor and Councilman shall become vacant.
3.10 VICE-MAYOR
The Vice-Mayor of Council shall be elected by Council. The
Vice-Mayor shall have the right to vote while presiding over Council.
3.11 INVESTIGATIONS
The Council, by a majority vote, may make investigations into
the affairs of the City and the conduct of any City department, office or
agency. For this purpose, the Mayor, the Vice-Mayor of Council or other member
of Council who is presiding at any such meeting or hearing, 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 these powers by the Presiding Officer shall be guilty of a
misdemeanor and punishable by a fine of not more than five hundred ($500.00)
dollars or by imprisonment for not more than thirty (30) days, or both.
3.12 INDEPENDENT AUDIT
The Council may provide, without competitive bidding, for an
annual or special audit of any or all City funds. Such audit may be in addition
to an audit by representatives of the State Auditor or other State official or
agency as may be determined to be required under the Constitution of the State
of Ohio.
3.13 PROCEDURE
a. Meetings
The Council shall meet regularly within the second and fourth
week of every month at such times and places as the Council may prescribe by
rule. Special meetings may be held on the call of the Mayor or Vice-Mayor of
Council, or of three or more members of Council.
There shall be given at least twenty-four (24) hours notice
in writing of such special meeting, served personally on each member of Council
or left at his usual place of residence. Such notice shall state the subjects to
be considered at the meeting and no other subjects shall be considered. The
Clerk of Council shall notify the press of special meetings. Council, by a
majority vote of its members, may declare a vacation in the month of August
subject to recall for special meetings under this Charter. The attendance at any
special meeting of the Council shall be considered a waiver of notice, and if
five (5) of the members elected to Council are present, the meeting may proceed
as a duly called special meeting even if the required notice has not be given.
All regular and special meetings of Council shall be subject to the provisions
of the Ohio Sunshine Law, as it may be amended from time to time, codified at
Section 121.22 of the Ohio Revised Code.
(Amended 11-4-80)
b. Rules and Journal
No less often than every even-numbered year, the Council
shall determine its own rules and order of business and shall provide for
keeping a journal of its proceedings. Council shall have set rules passed by the
third regular meeting of the year. This journal shall be a public record.
(Amended 11-7-95)
c. Voting
Voting, except on procedural motions, shall be by roll call
and the ayes and nays shall be recorded in the journal. Four members of the
Council shall constitute a quorum, but a smaller number may adjourn from time to
time and may compel the attendance of absent members in the manner and subject
to the penalties prescribed by the rules of the Council. No action of the
Council, except as otherwise provided in the preceding sentence and in Article
III, Section 3.06, shall be valid or binding unless adopted by the affirmative
vote of four (4) or more members of the Council.
3.14 ACTION REQUIRING AN ORDINANCE
In addition to other acts required by the law of the State of
Ohio or by specific provision of this Charter to be done by ordinance, those
acts of the City Council shall be by ordinance which:
1. Adopt or amend an Administrative Code. Council may
establish, alter or abolish any City department, office or agency not
created by this Charter;
2. Provide for a fine or other penalty or establish a
rule or regulation for violation of which a fine or other penalty is
imposed;
3. Levy taxes, except as otherwise provided in
Article VII with respect to the property tax levied by adoption of the
budget;
4. Grant, renew or extend a franchise;
5. Regulate the rate charged for its services by a public
utility;
6. Authorize the borrowing of money;
7. Convey or lease or authorize the conveyance or
lease of any lands of the City as provided in Article VIII;
8. Adopt with or without amendment, ordinances
proposed under the initiative power; and
9. Amend or repeal any ordinance previously adopted
except as otherwise provided in Article X, Section 10.02 with respect to
repeal of ordinances reconsidered under the referendum power.
Acts, other than those referred to in Section 3.14(9), may be
done either by ordinance or by resolution.
3.15 ORDINANCES IN GENERAL
a. Form
Every proposed ordinance shall be introduced in writing in
the form required for final adoption and may be read in full at first reading
and may be read by title only in second and third readings. No ordinance shall
contain more than one subject, except those ordinances of codification or
recodification, which shall be clearly expressed in its title. The enacting
clause shall be, "The Council of the City of Brunswick hereby ordains
....". In the case of an existing ordinance or part thereof, or any part of
the City Code which is to be repealed or amended, it shall be sufficient to
state only the part being repealed or amended, after stating the original
ordinance number, title, section and/or subsection, or by stating only the
ordinance number and title to be repealed, should it be repealed in its
entirety.
b. Procedure
An ordinance may be introduced by any member or the Mayor at
any regular or special meeting of the Council. It shall be submitted to the Law
Director for review and drafting in legal form before presentation to Council.
Upon presentation of any ordinance, the Clerk of Council shall distribute a copy
to each Council member and to the Mayor, and shall file a reasonable number of
copies in the office of the Clerk of Council. As soon as practicable after
adoption of any ordinance, the Clerk shall have it published together with a
notice of its adoption.
c. Effective Date
Except as otherwise provided in this Charter, every adopted
ordinance shall become effective at the expiration of thirty (30) days after
adoption or at any later date specified therein.
d. "Publish" Defined
Each ordinance shall be posted in the following locations as
soon as practicable: the Brunswick City Library, Brunswick City Hall and any
other location designated by Council for the posting or publication of said
ordinances.
(Amended 11-6-90)
3.16 EMERGENCY ORDINANCES
An emergency ordinance shall be introduced in the form and
manner prescribed for ordinances generally, except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists and describing it in
clear and specific terms. An emergency measure may be passed after the first
reading only if six (6) of the members of Council vote to suspend the rules
requiring three separate readings, otherwise the provisions of Section 3.15
herein requiring three separate readings shall prevail. An emergency ordinance
may be adopted with or without amendment or rejected at the meeting at which it
is introduced, but the affirmative vote of at least five (5) members shall be
required for adoption. After its adoption the ordinance shall be published and
printed as prescribed for other adopted ordinances. It shall become effective
immediately upon adoption. An emergency measure is an ordinance or resolution
necessary for the immediate preservation of the public peace, property, health,
safety, or welfare, or providing for the usual daily operation of a municipal
department. Ordinances appropriating money may be passed as emergency measures,
but no measure (a) which changes the amount of salary or compensation for any
elected or appointed officers of the City, (b) which pertains to the Zoning Code
or the Building Code (c) which makes a grant, renewal or extension of a
franchise or other special privilege, or (d) which regulates the rate to be
charged for its service by any public utility, whether privately or publicly
owned or operated, shall ever be so passed by emergency measures.
(Amended 11-4-80; 11-7-95)
3.17 CODES OF TECHNICAL REGULATIONS
The Council may adopt any standard code of technical
regulations by reference thereto in an adopting ordinance. The procedure and
requirements governing such an adopting ordinance shall be as prescribed for
ordinances generally except that:
1. The requirements of Article III, Section 3.15, for
distribution and filing of copies of the ordinance shall be construed to
include copies of the code of technical regulations as well as of the
adopting ordinance, and
2. The adopting ordinance of the code of technical
regulations shall be authenticated and recorded by the Clerk of Council
pursuant to Article III, Section 3.18(a).
Copies of any adopted code of technical regulations shall
be made available by the Clerk of Council for distribution or for purchase
at a reasonable price.
3.18 AUTHENTICATION AND RECORDING; CODIFICATION
a. Authentication and Recording
The Clerk of Council shall authenticate by his signature and
record in full, in a properly indexed book kept for this purpose, all ordinances
and resolutions adopted by the Council. This section shall not apply to
technical codes adopted by reference.
b. Codification
The Council shall provide that the general codification of
all City ordinances and resolutions, having the force and effect of law, shall
be kept current, and any additions shall be published promptly in bound or loose
leaf form, together with this Charter, and any amendments thereto, and such
codes of technical regulations as the Council may specify. This compilation
shall be known and cited officially as the Brunswick City Code. Copies of the
Code shall be furnished to City officers, placed in the Medina County Law
Library, Brunswick Public Library, and such other public places as Council deems
advisable, and made available for purchase by the public at a reasonable price
fixed by Council. The Council of the City of Brunswick shall appropriate
sufficient funds each year in order to maintain the Code in a proper and
up-to-date manner. (Amended 11-5-85)
3.19 REAPPORTIONMENT OF WARDS
The Council within three months after proclamation by the
Secretary of State stating the population of Ohio as determined by any Federal
census decennially taken shall reapportion the wards of the City so that the
wards so formed shall be as nearly equal in population as may be, composed of
contiguous and compact territory, and bound by natural boundaries and street
lines. If the Council fails to reapportion the wards within the three month
period herein provided the Mayor shall within thirty days thereafter submit to
Council a reapportionment plan. The Council shall within thirty days after
receiving the Mayor's plan reapportion the wards as herein provided. If the
Council fails to act on the Mayor's plan within this latter thirty day period,
the Mayor's reapportionment plan shall become effective until the next decennial
Federal census. (Amended 11-4-80)
ARTICLE IV
CITY MANAGER
4.01 APPOINTMENT, QUALIFICATIONS, AND REMOVAL
The City Manager shall be appointed by Council, a minimum of
five (5) votes being necessary for his appointment. His tenure shall be
indefinite, but shall continue only at the pleasure of Council. A City Manager
shall be chosen by Council on the basis of professional and executive
qualifications which shall include:
1. A master’s degree in a pertinent field from an
accredited institution of higher learning, and
a. Experience as a City Manager, or
b. A minimum of two years experience as an
assistant City Manager, or
c. Three years in other senior municipal
managerial position.
2. At least eight (8) years experience as an
executive in an industry employing a minimum of 100 employees.
The Mayor shall not be eligible for appointment as City
Manager during the term of office for which he has been elected or for one year
thereafter, except as temporary City Manager.
The City Manager may be suspended for a period not to exceed
sixty (60) days, or removed from office, by a vote of at least five (5) members
of Council. A letter of dismissal shall be delivered promptly by the Clerk of
Council to the City Manager stating the reasons for dismissal. Within five (5)
days after the letter of dismissal is delivered to the City Manager, he may file
with the Council a written request for a public hearing. This hearing shall be
held at a Council meeting not earlier than fifteen days nor later than thirty
days after the request is filed.
(Amended 11-4-80; 11-7-95)
4.02 RESIDENT REQUIREMENTS
The City Manager need not be a resident of the City or State
at the time of his
appointment but may reside outside the City while in office
only by resolution of the Council.
4.03 POWERS AND DUTIES
The City Manager shall be the chief executive officer and
head of the administrative agencies of the City. He shall be responsible to the
Council for the proper administration of all the affairs of the City within the
scope of his powers and duties and for the enforcement of all laws and
ordinances. He shall have the power and be required to:
1. Appoint and remove all officers and employees
except as otherwise provide in this Charter.
2. Institute proceedings, when necessary, for the
removal of officers and employees within civil service.
3. Attend all meetings of Council with the right to
participate in discussion and bring matters to the attention of Council,
but without the right to vote.
4. Recommend any legislation for adoption by Council,
or recommend the repeal of obsolete legislation.
5. Submit to Council a monthly summary showing the
condition of all funds.
6. Prepare and submit annually to Council, a complete
report of the financial administrative activities of the City for the
preceding year.
7. Shall make such other reports as the Council may
require concerning the operation of City departments, offices and
agencies subject to his direction and supervision.
8. Prepare and submit to the Council, after receiving
estimates made by the directors of the departments, the annual budget
and prepare the annual budget to be adopted by Council as required by
law and represent the City at all hearings on the budget adopted by
Council.
9. Supervise purchasing for all departments of the
City.
10. Shall be the liaison, and responsible for the
public relations, between the City and other political units, (i.e.
other cities, County Commissioners, etc.) and other organizations
interested in the welfare and growth of the City.
11. Supervise the issuing of all licenses and permits
pursuant to ordinances and resolutions, except as provided within this
Charter.
12. Perform all other duties prescribed for him in
this Charter or by Council and in the performance thereof may delegate
to subordinate officers and employees of the Municipality any of these
duties, but he shall be responsible for the faithful performance of such
duties.
All department heads shall be chosen solely on the basis of
their qualifications,
experience and knowledge of duties, standards and accepted
practice of their office. Neither the Council, nor any of its members or
committees shall dictate the appointment of any person to office or employment
by the City Manager, nor in any way interfere with or prevent the City Manager
from exercising his own judgement in the appointment of officers and employees
in the administrative service. 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 subordinates of the City Manager.
4.04 ASSISTANT CITY MANAGER
The City Manager shall designate, by letter, filed with and
confirmed by Council, any official of the City to perform his duties as
Assistant City Manager during his temporary absence or disability of a period
exceeding seventy-two (72) consecutive hours.
(Amended 11-5-85)
4.05 TEMPORARY CITY MANAGER
In the event the position of City Manager becomes vacant due
to death, removal, or resignation, the Council shall, by resolution, appoint
another qualified City administrative officer to act as temporary City Manager
and to perform the duties of the City Manager until another City Manager is
appointed by Council.
ARTICLE V
DEPARTMENTS
5.01 ADMINISTRATIVE DEPARTMENTS
The following departments are hereby established by this
Charter:
1. Department of Public Service
2. Department of Public Safety
3. Department of Law
4. Department of Finance
5. Department of Parks and Recreation
6. Department of Planning and Community Development
Each department shall be headed by a director who shall be
appointed by the City Manager, subject to confirmation by City Council, and who
shall serve at the pleasure of the City Manager. With the consent of Council,
the City Manager may serve as the head of one or more such departments.
Council shall, by ordinance, provide for the organization
thereof and shall have the power to establish, by ordinance, additional
departments. All appointments and removals in the various departments shall be
made by the respective director, subject to the civil service requirements of
this Charter.
(Amended 11-6-90)
5.02 DEPARTMENT OF PUBLIC SERVICE
a. Divisions Established
The Department of Public Service shall consist of the
following divisions:
1. Division of Engineering
2. Division of Public Properties, including streets,
public grounds, and public buildings
3. Division of Permits and Inspections
b. Duties of the Director
The Director of Public Service shall have charge of the
Department of Public Service. He shall make all necessary rules and regulations
for the government of the department and the divisions thereof. He shall have
charge of all engineering, construction, inspection, maintenance, repair, and
cleaning of all public improvements and properties with the exception of parks
and recreational areas. He shall have charge of all private building inspections
and all Zoning Code inspections. He shall have charge of making and preserving
all surveys, maps, plans, drawings, estimates and contracts for all public
improvements and properties under his jurisdiction. All contracts for public
entered
improvements, work or repair in excess of seven thousand five
hundred ($7,500) dollars shall be executed in the name of the City by the
Director only after approval by the Council and shall be entered into only with
the lowest and/or best bidder after public competitive bidding to the extent
provided for by this Charter. He shall perform such other duties consistent with
his office, as may be required by this Charter, by ordinance of the Council, or
as directed by the City Manager. (11-7-89; 11-7-00)
5.03 DEPARTMENT OF PUBLIC SAFETY
a. Divisions Established
The Department of Public Safety shall consist of the
following divisions:
1. Division of Fire
2. Division of Police
3. Division of Public Health and Welfare
b. Duties and Qualifications of the Director
The Director of Public Safety shall have charge of the
Department of Public Safety. He shall make all necessary rules and regulations
for the government of the Department and the Divisions thereof. He shall be
charged with the duty of enforcing all police, fire, safety, health, and
sanitary regulations that may be prescribed by ordinance or rules of the City,
or, when applicable, the General Laws of Ohio. The Director of Public Safety
shall perform such other duties consistent with his office as may be required by
this Charter, by ordinance of the Council, or as directed by the City Manager.
The Director of Public Safety shall have experience in the
fields of law and/or law enforcement and shall be a resident of the County of
Medina, Ohio.
1. Division of Fire and Rescue
A. For the purpose of this section a full-time
Division of Fire shall be created upon passage of an additional
municipal income tax to provide for such full-time service.
B. At such time as a full-time Fire Department is
established, the then duly appointed Chief of the City of Brunswick
Fire Department will forthwith become the Chief of the Division of
Fire.
C. At such time as the full-time Fire Department
is established and at such time as full-time members are to be
appointed as members of the full-time Fire Department, the following
procedures shall govern such appointment or hiring:
i. An eligibility list for full-time division
of Fire members shall be compiled which shall consist solely of
Division of Fire members as of the date a full-time Fire
Division is established.
ii. At the time the eligibility list is
compiled, the order of eligibility shall correspond with the
order of years of service with the City, with the member having
the most years of service being placed first on the eligibility
list and with all other members being named to the eligibility
list in an order which corresponds to their decreasing years of
service.
iii. No member of the City of Brunswick Fire
Department shall be required to take a Civil Service test or any
other type of test in order to be named to the eligibility list.
iv. Until the eligibility list is completely
exhausted, as outlined below, no Civil Service test for
eligibility for employment to the full-time Division of Fire
shall be given to a part-time appointee. The part-time Division
of Fire members, on the date of creation of the full-time
Division of Fire, will have the right of first refusal to the
full-time Division of Fire. A part-time member who shall decline
or refuse appointment or fail to meet full-time training
requirements of the full-time Division of Fire may retain the
part-time position.
v. Members shall be appointed to the
full-time Fire Department from the eligibility list in
accordance with their order of eligibility. If a member shall
decline or refuse appointment to the full-time Fire Department,
he shall maintain his position on the eligibility list,
provided, however, that after his third refusal, his name shall
be placed at the bottom of the eligibility list.
vi. If a member does not accept a full-time
position within five years after being placed at the bottom of
the eligibility list pursuant to item v. above, his name shall
then be removed from the eligibility list.
vii. Appointees to the full-time Division of
Fire from part-time service shall complete training to the
required level within two (2) years of appointment.
viii. The Civil Service Commission shall
create an appropriate eligibility list for full-time Division of
Fire members in addition to the eligibility list consisting of
the part-time Division of Fire members. Once those individuals
on the part-time Division of Fire eligibility list have refused
appointment to the full-time Division of Fire, the City may then
utilize the eligibility list of individuals other than part-time
Division of Fire members for appointment to the full-time
Division service.
D. When a part-time member of the Division of
Fire is appointed to the full-time Division of Fire such appointee
will have the appointee’s part-time or volunteer years of service
with the City of Brunswick, included in pro-rated computation of
years of service with the City for the purpose of compensation and
employee benefits. For proration purposes, 2080 hours shall equal
one (1) year credit for full-time service. (Ord. 11-5-85; 11-8-94)
2. Division of Police
The Chief of Police shall have charge of the Division of
Police. Any Chief of the Division of Police appointed shall be selected from the
three (3) highest candidates after a promotional competitive examination as
provided by the Civil Service laws of the State of Ohio.
A. Applicants for full-time employment as a police
officer with the City shall receive the following credits:
i. Five (5) points for completion of military
service with honorable discharge.
ii. Two (2) points for an associate college
degree and five (5) points for a bachelor degree from an accredited
college, with the maximum credit permitted being five (5) points
total for a college degree or degrees.
iii. Two (2) points credit for completion of Ohio
Peace Officer's Training Academy and an additional one (1) point
credit for each year of part-time service as an accredited police
officer with the City of Brunswick with a maximum service credit of
three (3) points. (Amended 11-6-90.)
5.04 DEPARTMENT OF LAW
The Department of Law shall be headed by the Director of Law.
No person shall be appointed Director of Law unless he has been duly admitted to
the practice of law in the State of Ohio and has been actively engaged on a
full-time basis in the practice of law therein for a period of five (5) years or
more prior to this appointment. He shall be the legal advisor and attorney for
the City and shall perform such duties as are consistent with his office and as
may be required by the City Manager. He shall prosecute or defend all suits for
or on behalf of the City and shall prepare all contracts, bonds, and other
instruments in writing in which the City is concerned and endorse on each his
approval of the forms and correctness thereof. The Law Director shall prepare
all resolutions and ordinances requested in writing by any member of Council or
the City Manager or any department head. He shall give written opinions to any
department head or official of the City, or to Council, within fifteen (15)
days, when requested in writing to do so, and file a copy of the same with the
City Manager. He shall be the prosecuting attorney for the City. He may appoint
Assistant Directors of Law as positions are created by Council. He shall perform
all other duties now or hereinafter imposed upon City Solicitors by the general
laws of Ohio unless otherwise provided by ordinance of the Council and shall
perform such other duties as may be required by this Charter and/or as Council
or the City Manager may impose upon him consistent with his office.
(Amended 11-5-85)
5.05 DEPARTMENT OF FINANCE
The Department of Finance shall be headed by the Director of
Finance. No person shall be appointed Director of Finance unless he has been
actively engage on a full-time basis in the practice of governmental financing,
accounting, taxation, and/or business administration for a period of five (5)
years or more prior to his appointment. The Director of Finance shall administer
the fiscal affairs of the City, including the supervision and maintenance of
records and accounting procedures which shall conform to the general laws of
Ohio; the compilation of estimates for the budget of all departments of the
City; the exercise of financial budgetary controls over appropriations made; the
custody of funds, investments, and other property of the City; the collection of
fees, assessments, and tax revenues for which the City is responsible; the
investment and deposit of funds as may be provided by Council; the payment of
the public debt of the City; and such other duties as may be required by this
Charter and/or as the City Manager may impose upon him consistent with this
office.
The Director of Finance shall make reports in the form and at
such intervals as may be requested by the City Manager, showing the financial
standing of the City or of any department or agency thereof.
As pertains to initiative and referendum petitions, the
Finance Director shall be the person designated as having the authority of the
treasurer and/or auditor under State statute. (Amended 11-6-90.)
5.06 DEPARTMENT OF PARKS AND RECREATION
The Director of Parks and Recreation shall have charge of the
Department of Parks and Recreation.
The Director of Parks and Recreation shall have the control
and management of parks, park entrances, parkways, children's playgrounds,
public recreation facilities, gymnasiums, swimming pools, playfields, or indoor
recreational centers, and any lands or buildings set aside for park or
recreational use by the public, and the acquisition, construction, repair, and
maintenance thereof. The Director shall exercise exclusively all the powers and
perform all the duties, in regard to such property, vested in and imposed upon
the Director of Public Service by the statutes of the State of Ohio. The
Director of Parks and Recreation shall have the responsibility for expenditures
of all monies appropriated by the legislative authority of the City in the Parks
Fund or received from any other source for the purchase, acquisition,
improvement, maintenance, equipment, or enjoyment of all property under his
control, but no liability shall be incurred or expenditure made unless the money
required therefore is in the Treasury to the credit of the Park and Recreation
Fund and not appropriated for any other purpose.
The Director of Parks and Recreation may employ recreational
supervisors, engineers, clerks, and other necessary employees for carrying Into
effect the purposes of the Department's creation, and the Council shall fix the
compensation and term of service of such employees within its appropriation.
The Director shall create and supervise all recreational
programs for the City of Brunswick and may appoint an advisory board of five (5)
members to help discharge his duties.
The Director of Parks and Recreation, in letting of
contracts, shall be governed by the bidding procedures of this Charter. (Amended
11-5-85.)
5.07 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
The Director of Planning and Community Development will be in
charge of the Department of Planning and Community Development. The Director
shall perform administrative and professional services in directing the
activities of the Planning and Community Development Department and shall assist
in plans, direction, and coordination of the activities of the Planning and
Community Development Department including review of technical activities of
planning, development, redevelopment, and coordinating development with the
Administration and with the various Boards and Commissions of the City. The
Department of Planning and Community Development will prepare comprehensive
planning studies and special reports for the City Manager, the Planning
Commission, the City Council, and other Boards and Commissions of the City.
The Director of Planning and Community Development will
attend Council meetings and meetings of other Boards and Commissions as directed
by the City Manager.
(Added 11-6-90.)
ARTICLE VI
BOARDS AND COMMISSIONS
6.01 GENERAL
a. Qualifications
An appointee to be eligible to serve as a member of a board
or commission of the City shall be and remain a qualified elector of the City of
Brunswick.
b. Appointments
All members of boards and commissions shall be appointed by
the Mayor with confirmation by the majority of the members of Council. (Amended
11-5-85)
c. Vacancies
A vacancy occurring during the term of any member of a board
or commission shall be filled for the unexpired term in the manner authorized
for an original appointment.
d. Removal
The appointing authority may at any time remove any board
member or commissioner for inefficiency, neglect of duty, misfeasance,
nonfeasance, or malfeasance in office, incapacity or incompetency, having first
given to such board member or commissioner a copy of the specific charges set
forth against him. An opportunity shall be given such board member or
commissioner to be publicly heard before the Council, in person or by counsel in
his defense, present evidence or examine any witness appearing in support of
such charge. Only upon the affirmative vote of a majority of the members elected
to Council hearing such charges shall said board member or commissioner be
removed from office, but in no event shall Council hear such charges unless
there be a quorum present.
e. Voting
Each board and commission shall keep a journal of its
proceedings. The voting shall be taken by name in the form of yeas and nays and
entered in the journal, and the vote of a majority of all the members in
attendance shall be necessary to adopt any question, motion or order.
f. Meetings
All regular and special meetings of Boards and Commissions
shall be subject to the provisions of the Ohio Sunshine Law, as it may be
amended from time to time, codified at Section 121.22 of the Ohio Revised Code.
(Amended 11-4-80)
g. Opinions
Any board or commission may request the Law Director to
review a decision of any board or commission in accordance with Article V,
Section 5.04 of this Charter.
h. Compensation and Expenses
The appointed members of a board or commission may be
compensated and reimbursed for expenses as provided by ordinance.
6.02 CITY PLANNING COMMISSION
a. Organization
There shall be a City Planning Commission composed of five
(5) members. The Mayor shall appoint, with the approval of Council, five (5)
electors of the Municipality not holding any other incompatible public or
private office, to serve for a term of three (3) years. There shall be the
following non-voting members of the Commission; a member of Council appointed by
the Council, the City Engineer, the Director of Parks and Recreation, and the
Director of Community Development. (Amended 11-8-94)
b. Powers and Duties
The Planning Commission shall conduct studies and surveys,
and prepare plans, reports, and maps relative to the overall planning of the
growth, development, redevelopment, rehabilitation and renewal of the City; and
make such recommendations relative thereto to the Council as it feels are in the
best interest of the City.
Other powers and duties of the Planning Commission shall
include those established by this Charter and by the Council by ordinance, but
until such ordinances shall be passed, it shall possess such other powers and
duties as are provided by the general laws of Ohio to the extent that such
general laws do not conflict with the provisions of this Charter.
c. Referral
All ordinances or resolutions of Council, or acts or orders
of any administrative official which effect the development of the plan of the
Planning Commission shall be submitted to the Planning Commission for report and
recommendation. Any matter so referred to the Planning Commission shall be acted
upon by it within sixty (60) days from the date of referral unless a different
period of time be provided by Council. If the Planning Commission shall fail to
act within the time allotted, it shall be deemed to have approved such matter.
Any resolution, ordinance or order disapproved by formal action of the Planning
Commission shall require a vote of five (5) of the members of Council for
adoption or authorization. (Amended 11-4-80)
d. Public Notice
Before any approval on matters of rezoning can be given by
the Planning Commission they shall hold a public hearing thereon, and shall give
at least thirty (30) days notice the time and place thereof in a newspaper of
general circulation in the municipal corporation. If the ordinance, measure, or
regulation intends to rezone or redistrict ten (10) or less parcels of land, as
listed on the tax duplicate, written notice of the hearing shall be mailed by
the Commission, by certified mail, return receipt requested, at least twenty
(20) days before the date of the public hearing to the owners of property within
500 feet within either direction, and on both sides of the street from such
parcel or parcels, to the addresses of such owners appearing on the County
Auditor's current tax list, or the County Treasurer's mailing list, and to such
other list or lists that may be specified by the Council. During such thirty
days, the text or copy text of such ordinance, measure, or regulation together
with the maps or plans, or copies thereof, forming part of or referred to in
such ordinance, measure, or regulation and the maps, plans, and reports
submitted by the Planning Commission shall be on file for public examination in
the office of the Clerk of Council or in such other office as is designated by
the Council. No ordinance, measure, or regulation which violates, differs from,
or departs from the plan or report submitted by the Commission shall take effect
unless passed or approved by five (5) members of the Council. No ordinance,
measure, or regulation which is in accordance with the recommendations, plan, or
report submitted by the Commission, shall be deemed to pass or take effect
without the concurrence of at least a majority of the members elected to the
Council.
(Amended 11-4-80)
6.03 BOARD OF BUILDING CODE APPEALS
a. Composition and Term of Office
There is hereby established in the Municipality a board to be
known as the Board of Building Code Appeals composed of five (5) members, who
are qualified by experience and training to pass upon matters pertaining to
building construction, and they shall serve for three (3) years.
b. Powers and Duties
The Board of Building Code Appeals shall have the power to
hear and decide appeals from any order, decision, requirement or determination
of the Building Inspector or in varying the application of any provision of the
Dwelling House Code or Building Code or ordinances of the City relating to the
Dwelling House Code or Building Code or in modifying an order of the Building
Inspector or relative to the application of any provisions of the Dwelling House
Code or Building Code or as provided in the Codified Ordinances or other
ordinances of the City relating thereto. Each appeal shall be based on its own
facts as they relate to the Code or ordinance.
c. Review
To review, upon motion of any two (2) members of the Board,
any rule, regulation or decision of the Board, but no such review shall
prejudice the rights of any person who has in good faith acted thereon before it
is reversed or modified.
To formulate and submit to the City Council, proposed changes
in and amendments to the Building Code, which the Board determines to be
desirable for the proper regulation of all buildings and structures and the
equipment therein and appurtenances thereto, in the City.
The Building Code shall be reviewed and updated every five
(5) years with recommendations for revisions submitted by the Board to Council
for review and approval by Council. (Amended 11-6-90.)
6.04 BOARD OF ZONING APPEALS
a. Organization
There is hereby established in the Municipality a board to be
known as the Board or Zoning Appeals composed of five (5) electors of the
Municipality not holding any other incompatible public or private office or
appointment, to serve a term of three (3) years.
b. Powers and Duties
The Board of Zoning Appeals is a body of limited powers.
1. Appeals. The Board shall hear and determine
all appeals from any decision or action of the Building and/or Zoning
Inspector, and/or the Planning Commission in the administration or
enforcement of the City Zoning Code. The Board shall hear and determine
all appeals resulting from the refusal of the Building and/or Zoning
Inspector, and/or the Planning Commission, because of anything contained
in said Zoning Code, to issue zoning certificates.
2. Variances. Where there are practical
difficulties of unnecessary or particular hardship in the way of
carrying out the strict letter of the City Zoning Code, the Board shall
have the power, in passing on appeals, to vary or modify any of the
provisions of said Zoning Code relating to the use of land, buildings or
structures so that the spirit of said Zoning Code shall be observed,
public safety secured and substantial justice done, the Board shall have
no power to grant variances in residentially zoned areas except those
permitted in the residential zone in which the variance is sought.
In every instance of the granting of a variance by the Board,
there shall be a showing by the Board that:
a. The strict application of the provisions of the
City Zoning Code would result in practical difficulties or unnecessary
hardships inconsistent with the general purpose and intent of said
Zoning Code;
b. There are exceptional or extraordinary
circumstances or conditions applying to the property involved or to the
intended use or development of the property that do not apply generally
to other properties or uses in the same zoning district or neighborhood;
and
c. The granting of such variance will not be of
substantial detriment to public interest or to property or improvements
in such district in which the variance is sought and will not materially
impair the purpose of the City Zoning Code.
In specific instances the Board may permit such modification
of the yard or lot area or width regulations as may be necessary to secure the
appropriate improvement of a parcel of land that is too small to be improved
without such modification, if such parcel was separately owned at the time of
passage of the City Zoning Code or is adjacent to buildings that do not conform
to the general restrictions applicable to their location.
In granting a variance, the Board may impose such conditions
as it may deem necessary to protect the public health, safety or welfare and to
carry out the purposes and intent of the City Zoning Code.
c. Public Notice
Public notice shall be given of hearings on any appeals by
the publication of a notice once in a newspaper of general circulation within
the City at least ten (10) days before the hearing. Written notice, by certified
mail, return receipt requested, of a variance request to be considered by the
Board of Zoning Appeals shall be given to the property owners residing within
the corporation limits of the Municipality within two hundred (200) feet in
either direction and on both sides of the street on which the property is
situated for which a variance is requested, at least ten (10) days before the
hearing.
d. Appeals
All appeals shall be filed with the Board of Zoning Appeals
within twenty (20) days following any action taken by the Building and/or Zoning
Inspector, and/or the Planning Commission and shall be upon the form provided
and the necessary fee shall be paid in advance.
e. Review
To review, upon motion of any two (2) members of the Board,
any rule, regulation or decision of the Board, but no such review shall
prejudice the rights of any person who has in good faith acted thereon before it
is reversed or modified.
(Amended 11-4-80)
6.05 CIVIL SERVICE COMMISSION
There is hereby established in the Municipality, a commission
to be known as the Civil Service Commission composed of three (3) members
serving for a term of three (3) years. The Civil Service Commission shall
prescribe, amend, and enforce rules for the classification of position in the
Civil Service, for examinations and resignations, for appointments, promotions,
removals, transfers, layoffs, suspensions, reductions and reinstatements, and
for standardizing positions and maintaining efficiency. The City Charter, City
ordinances or rules promulgated by the Civil Service Commission shall govern
Civil Service employees in the classified service over which
the Civil Service Commission has jurisdiction. Where the City Charter, City
ordinances or the rules of the Civil Service Commission are silent, the
provisions of the Ohio Revised Code shall govern.
The Civil Service Commission will ensure that the following
provisions are enacted even if they are in conflict with the Ohio statutes.
a. Establish the nature of all promotional exams.
b. For position of Police Officer in the Division of
Police, the Commission shall certify to the appointing authority from
the Civil Service eligibility list, the names and addresses of the six
(6) highest candidates from that list from which the appointing
authority may choose any person for original appointment to such
position.
c. For appointments to the positions of Chief of
Police or Chief of Fire, the Commission shall certify to the appointing
authority the names and addresses of the three (3) highest candidates
from a promotional Civil Service eligibility list from which the
appointing authority may choose any person from that list to such
position.
d. All veterans who show proof of honorable discharge
and pass a civil service entrance exam (other than a police officer
entrance exam) shall be granted an additional credit of 5% of their
passing score.
(Amended 11-7-95)
6.06 BOARD OF ETHICS
a. Term of Office
There is hereby created a Board of Ethics, consisting of
three (3) members not holding other Municipal office or appointment, and shall
serve for a period of three (3) years. The original appointment of Board members
shall be one for a term of one (1) year, one for a term of two (2) years, and
one for a term of three (3) years. Succeeding members shall be appointed for
three (3) year terms.
b. Powers and Duties.
1. The Board shall receive complaints against members
of Council, officers and employees of the City, and members of any board
or commission of the City concerning conduct alleged to be in violation
of any provisions of this Charter or any law or ordinance which
establishes ethical standards for or otherwise
regulates the conduct of members of Council, officers or
employees of the City or members of any board or commission of the City. The
Board shall investigate each complaint and submit a report to the Council.
2. Upon the written request of any member of Council,
officer or employee of the City, or member of any board or commission of
the City, or whenever it deems it advisable, the Board may submit
advisory opinions with regard to questions concerning ethics, conflicts
of interest or other matters involving performance of official duties.
3. The Board shall recommend legislation, and
amendments thereof, to Council relating to standards of conduct for
members of Council, officers and employees of the City, and members of
any board or commission of the City with respect to interests in the
following:
a. Contracts,
b. Work or services with or for the City,
c. Representation of private interests before
Municipal agencies and courts,
d. Disclosure of interest in legislation before Council,
e. Acceptance of gifts and favors,
f. Disclosure of confidential information,
g. Holding of investments in conflict with
official duties,
h. Incompatible employment,
i. Future employment, and
j. Such other standards of conduct as it may deem
advisable.
4. In cooperation with the City Manager and Council,
the Board may provide a continuing program of education and information
for members of Council, officers and employees of the City, and members
of any board or commission of the City with regard to ethics, conflicts
of interest and other matters involving performance of official duties.
Every department, division, board, commission or other agency
of the City shall furnish to the Board of Ethics such data, information,
statements and assistance as may be necessary for the proper exercise of its
powers and duties. The Board of Ethics shall adopt uniform rules and regulations
for the method of performing its powers and duties, including the filing of
complaints, the conduct of investigations, hearings and deliberations, issuance
of reports, and the conduct of its meetings.
6.07 CHARTER REVIEW COMMISSION
Not later than five (5) years from the effective date of this
Charter, and by January 31 each five (5) years thereafter, the Mayor shall
appoint a committee of nine (9) qualified electors of the City, not holding
other municipal office or appointment, to be known as the Charter Review
Commission. Such Commission shall review and recommend to the Council, not less
than ninety (90) days prior to the next General Election, any alterations,
revisions, and amendments to this Charter as in its judgment seems advisable.
The Council shall submit to the electors any such proposed alterations,
revisions, or amendments to the Charter at the General Election. The members of
the Commission shall serve without compensation and their appointment shall
terminate when their report has been received by the Council.
(Amended 11-4-80; 11-5-85)
ARTICLE VII
MUNICIPAL FINANCE
7.01 FISCAL YEAR
The fiscal year of the City shall begin on the first day of
January and end on the last day of December.
7.02 SUBMISSION OF THE ANNUAL APPROPRIATION MEASURE AND
MESSAGE
On or about the fifteenth day of November of each year, the
City Manager shall submit to the Council, an annual appropriation measure for
the ensuing fiscal year and accompanying message.
7.03 APPROPRIATION MESSAGE
The City Manager's message shall explain the annual
appropriation measure both in fiscal terms and in terms of the work programs. It
shall outline the proposed financial policies of the City for the ensuing fiscal
year, describe the important features of the budget, indicate any major changes
from the current year in financial policies, expenditures, and revenues together
with the reasons for such changes, summarizing the City's debt position and
include such other material as the City Manager deems necessary.
7.04 THE ANNUAL BUDGET
The annual budget shall be prepared and submitted as provided
by the statutes of the State of Ohio.
7.05 CAPITAL PROGRAM
1. The City Manager shall prepare and submit to the
Council a five (5) year capital program no later than the fifteenth of
November of each year.
2. The capital program shall include:
a. A clear general summary of its contents;
b. A list of all capital improvements which are
proposed to be undertaken during the five (5) fiscal years next
ensuing, with appropriate supporting information as to the necessity
for such improvements;
c. Cost estimates, method of financing and
recommended time schedules for such improvements; and
d. The estimated annual cost of operating and
maintaining the facilities to be constructed or acquired.
The above information may be revised and extended each year
with regard to capital improvements still pending or in process of construction
or acquisition.
(Amended 11-5-85; 11-7-95)
7.06 COUNCIL ACTION ON THE CAPITAL PROGRAM
The Council shall publish the notice of a public hearing on
the capital program in one or more newspapers of general circulation in the
City. Such notice shall include the times and places where copies of the capital
program can be examined by the public and the time and place of the public
hearing. Such publication shall occur two (2) weeks prior to the public hearing
on the capital program proposal.
7.07 CERTIFICATION OF FUNDS
No contract, agreement or other obligation involving the
expenditure of monies shall be entered into, nor shall any ordinance, resolution
or order for expenditure of monies be passed or issued by Council, or be
authorized by any official of the City, unless the Director of Finance shall
have first certified in writing to the Council, or to the proper official, as
the case may be, that the money required for such contract, agreement,
obligation or expenditure is in the treasury to the credit of the fund, or is in
the process of collection from which it is to be drawn and not appropriated for
any other purpose. All monies actually in the treasury to the credit of the fund
from which they are to be drawn, and all monies applicable to the payment of the
obligation or appropriation involved, that are anticipated
to come into the treasury before the maturity of such
contract, agreement, or obligation
from taxes, assessments, fees, or from sales of services,
products or by-products of any municipal undertaking, and monies to be derived
from lawfully authorized bonds or notes shall, for the purpose of such
certificate, be deemed to be In the treasury to the credit of the appropriate
fund, and shall be subject to such certification. The provisions of this section
shall not be construed to prevent the making of contracts for a period extending
beyond a single fiscal year when such contracts are otherwise authorized by this
Charter or by the General Laws of Ohio.
(Amended 11-4-80)
7.08 PAYMENTS AND OBLIGATIONS PROHIBITED
Any authorization of payment or incurring of obligation in
violation of the provisions of this Charter shall be void and any payment so
made illegal; such action shall be cause for removal of any officer who
knowingly authorized or made such payment, or incurred such obligation, and he
shall also be liable to the City of any amount so paid.
7.09 CONTRACTS AND PURCHASES.
The City Manager may, within the amounts and items
appropriated by Council, make purchases and enter into contracts on behalf of
the Municipality involving
expenditures not in excess of seven thousand five hundred
($7,500) dollars with the exception of emergency expenditures which shall
subsequently be submitted to Council for its approval.
The Council may authorize expenditures of funds of the City
in amounts exceeding seven thousand five hundred ($7,500) dollars without public
bidding, for the acquisition of real estate, for the discharge of
non-contractual claims against the City, for professional services, for the
joint use of facilities or exercise of powers with other political subdivisions,
or for the product or services of public utilities (including those municipally
and publicly operated), but no other expenditures of more than seven thousand
five hundred ($7,500) dollars shall be made except pursuant to contract made
with the lowest and/or best bidder after public advertising and receipt of bids
in the manner provided by ordinance. (11-7-89; 11-7-00)
7.10 TRANSFERS, BALANCES, AND PAYMENTS OF APPROPRIATIONS
Any accruing revenue of the City not appropriated under an
appropriation ordinance, and any balance at any time remaining after the purpose
of the appropriation shall have been satisfied or abandoned, may from time to
time be appropriated by the Council to such uses as will not conflict with any
uses for which specifically such revenue accrued. No money shall be drawn from
the Treasury of the City, nor shall any obligation for the expenditure of money
be incurred, except pursuant to appropriations made by the Council, and whenever
an appropriation is so made the Clerk of Council shall forthwith give notice to
the Director of Finance. At the end of each fiscal year all unexpended balances
of appropriations shall revert to the respective funds from which the same were
appropriated and shall then be subject to future appropriation; but
appropriations may be made in furtherance of improvements of other projects of
the City which will not be completed within the current year. Money appropriated
as hereinbefore provided shall not be used for purposes other than those
designated in the appropriation ordinance without authority from Council.
7.11 TAXATION
a. Limitation on Property Tax Levy
In accordance with the provisions of Article XII, Section 2
of the Ohio Constitution and Section 5705.18 of the Revised Code of Ohio, the
Council shall have the power to levy taxes on property assessed and listed for
taxation for current operating expenses of the Municipal corporation of no more
than two and six tenths mills, which represents the City's current share of the
authorized ten mill limitation, without a vote of the people thereon, as
provided by law.
b. Other Taxes and Additional Levies
The limitation of this Charter upon the power of Council to
levy taxes on property shall not operate as a limitation upon the power of
Council to levy taxes upon such other subjects and for such other purposes as
may be lawful under the Constitution and laws of the State of Ohio; nor shall
the authority of Council to submit additional levies on property assessed and
listed for taxation according to value to a vote of the people under the
authority of the Constitution or laws of the State of Ohio be deemed impaired or
abridged by reason of any provision of this Charter.
ARTICLE VIII
SALE OR LEASE OF REAL ESTATE
8.01 SALE OR LEASE OF REAL ESTATE
The City of Brunswick shall have the special power to sell or
lease real estate belonging to the City of Brunswick, when such real estate is
not needed for any Municipal purpose. Such power shall be exercised In the
manner provided herein:
a. No contract for the sale of real estate belonging to
the City of Brunswick, with the exception of paragraphs (b) and (c), shall
be made unless authorized by an ordinance, approved by five (5) of the
members of Council, and by the board or officer having supervision or
management of such real estate. When the contract is so authorized, it shall
be made in writing by such board or officer, only with the highest and/or
best bidder, after advertisement once a week for three (3) consecutive weeks
in a newspaper of general circulation within the municipal corporation,
except as otherwise provided in this Charter. (Amended 11-4-80)
1. Council may determine that a transfer or exchange
of property is appropriate and may consider exchange or transfer of
property in reaching a determination as to the "highest and/or best
bidder".
(Amended 11-8-94)
b. The City of Brunswick may, by ordinance, authorize the
transfer and conveyance by deed of any real property, owned by it and not
needed for Municipal purposes, to the Board of Education of the City of
Brunswick, to be used as an athletic field, a playground for children or for
school sites, upon such terms as are agreed to between the City of Brunswick
and the Board of Education. When the property is so conveyed, it shall be
under the control and supervision of the Board of Education.
c. The City of Brunswick may, by ordinance, transfer,
lease, or permit the use of any real property suitable for library purposes,
to the Board of Trustees of any free public library, or any library
association rendering free library service to the inhabitants of the City of
Brunswick upon such lawful terms as are agreed upon between the City of
Brunswick, and the trustees of such library or library association.
d. The legislative authority of the City of Brunswick may
authorize the lease of any real estate not needed for Municipal purposes to
any organization, except religious organizations, for the purpose of
constructing, maintaining, or managing parks, playgrounds, theaters, public
service facilities and hospitals, emergency care facilities, and recreation
facilities, upon such lawful terms and conditions, in such manner as are
prescribed by the legislative authority, without competitive bidding.
ARTICLE IX
NOMINATIONS AND ELECTIONS
9.01 MUNICIPAL, PRIMARY AND GENERAL ELECTIONS.
The dates of Municipal, primary, and general elections shall
be held in accordance with the general laws of the State of Ohio.
9.02 NOMINATING PROCEDURES
Nominations for Municipal elective offices shall be made by
non-partisan
petitions. All candidates for Municipal elective offices
shall be qualified electors of the City of Brunswick. Each candidate for Mayor
and Council-At-Large shall file a petition signed by electors of the City not
less in number than one hundred (100). Each candidate for Ward Councilman shall
file a petition signed by electors of the ward from which such candidate is
seeking election, not less in number than twenty-five (25). Such petition or
petitions when filed must be accompanied by the written acceptance of the
nominee. Each signatory of a petition shall sign his name and after his name
shall designate his address and the date of signing, ward and precinct.
Nominating petitions shall be filed with the Board of Elections of Medina County
in accordance with the Ohio Revised Code. (Amended 11-4-80)
9.03 ELECTION PROCEDURES
The ballots used in Municipal elections shall be without
party mark or designation of any sort. The names of all candidates shall be
placed upon the same ballot and shall be rotated in the manner provided by the
general laws of Ohio. In all offices except Council-At-Large, the two candidates
receiving the greatest number of votes in the primary shall be considered
nominated and their names shall appear on the general election ballot. For the
position of Council-At-Large, the six (6) persons receiving the highest number
of votes shall be considered nominated and their names shall appear on the
general election ballot. In the event that less than two (2) persons file for
any position except Councilman-At-Large, only the name of the unopposed
candidate shall appear on the general election ballot. In the event less than
six (6) persons file for Council-At-Large, only the names of those who so file
shall appear on the general election ballot. In the event there is no contest
for a Ward Councilman, Councilman-At-Large, or Mayor in the primary election,
the candidates name shall not appear on the ballot.
(Approved by voters November 7, 1978.)
9.04 ELECTION EXPENSES
Candidates for Brunswick City office shall be subject to the
expense restrictions as under State statutes.
9.05 OTHER ELECTIONS
Any question which, by the terms of this Charter, may be
submitted to the Electors of the City at any special election, may be submitted
at the time of the primary or general election. Except as otherwise provided in
this Charter, all elections shall be held and conducted and the results thereof
ascertained and certified as provided by the general laws of the State of Ohio
and by the election authorities therein provided for.
ARTICLE X
INITIATIVE, REFERENDUM AND RECALL
10.01 INITIATIVE
The qualified voters of the City shall have power to propose
ordinance, as provided by State statutes, to the Council. If the Council fails
to adopt an ordinance so proposed without any change in substance, the qualified
voters of the City shall have the right, as provided by State statute, to adopt
or reject the proposed ordinance at a City election, provided that such power
shall not extend to the budget or any ordinance relating to appropriation of
money, levy of taxes or salaries of City officials or employees.
10.02 REFERENDUM
The qualified voters of the City shall have power, as
provided by State statute, to referendum ordinances adopted by the Council. Any
petition for referendum shall be circulated by a resident of the City of
Brunswick. (Amended 11-8-94)
10.03 RECALL
Procedure: Any elective officer provided for in this Charter
may be removed from office by the qualified voters of the City of Brunswick. No
such officer may be removed unless he has served six (6) months of his term.
A petition demanding that the question of removing such
official be submitted to electors shall be addressed to Council and filed with
the Clerk of Council. Such petition, circulated by a resident of the City, shall
be signed by qualified voters of the City equal in number to at least thirty
percent (30%) of the total number of qualified voters registered to vote in the
City at the time of the last general election in the case of officers elected
from the City at-large, and at least thirty percent (30%) of the total number of
qualified voters registered to vote in the ward at the time of the last general
election in the case of Ward Council members.
If the Clerk of Council shall find the petition sufficient,
the Clerk shall promptly certify to Council and shall deliver a copy of such
certificate to the officer whose removal is sought, and make a record of such
delivery. If such officer shall not resign within five (5) days after such
delivery shall have been made, the Council shall fix a day for holding a recall
election not less than thirty (30) days nor more than forty-five (45) days from
the date of delivery. Such petition shall contain the name and office of the
person whose removal is sought and a statement in not more than two hundred
(200) words of the grounds for the removal.
a. Ballots: The ballots at such recall election shall, with
respect to each person
whose removal is sought, submit the question: "Shall
(name of person) be removed from office of (name of office) by recall?"
Immediately following each such question, there shall be printed on the ballots
the two propositions in the order set forth: "For the recall of (name of
person)", "Against the recall of (name of person)". Immediately
to the left of each proposition shall be placed a square in which electors, by
marking a cross (X) mark, may vote for either of such propositions.
b. Succeeding Officer: If recalled in the recall election, he
shall be deemed removed from the office upon the announcement of the official
canvass of that election, and the office shall be deemed vacant, and the office
shall be filled for the unexpired term in the manner provided in this Charter.
(Amended 11-8-94)
ARTICLE XI
GENERAL PROVISIONS
11.01 EFFECTIVE DATE
This Charter shall be in full effect from and after the
certification of election by the Board of Elections and shall take effect
January 1, 1975.
11.02 TRANSITIONAL PERIOD
On January 1, 1975, all elected and appointed officials shall
assume the same duties as under the statutory form of government. Upon the
appointment of a City Manager, the present Mayor shall assume the duties of
Mayor under this Charter, thereby abolishing the position of President of
Council. All other elected or appointed administrative officials shall remain in
office until their successors are appointed by the City Manager. All elected
legislative officials shall remain in office until December 31, 1975 when their
term of office expires. These officials shall have all the rights and powers
provided herein the same as if they had been elected under the provisions of
this Charter.
11.03 OATH OF OFFICE
Every officer of the City shall be required to subscribe to
an oath or affirmation that he will in all respects faithfully discharge the
duties of his office, before entering upon the duties thereof. This oath or
affirmation is to be filed and kept in the office of the Clerk of Council.
11.04 CONTINUANCE OF CONTRACTS AND ENACTMENTS
All contracts entered into by the City prior to the effective
date of this Charter are continued in full force and effect. All public work
begun prior to the effective date of this Charter shall be continued and
perfected hereunder. All public improvements for which legislative steps have
been taken under law in force at the time of the adoption thereof may be carried
to completion in accordance with the resolutions in force at the time of the
effective date of this Charter.
11.05 AMENDMENTS TO THE CHARTER
The Council may, by the affirmative vote of five (5) of its
member, submit to the electors any proposed amendment or amendments to the
Charter. Upon the receipt of a petition, circulated by a resident of the City,
signed by not less than ten (10) percent of the electors of the City and filed
with the Finance Director, setting forth any proposed amendment or amendments to
this Charter, the Council shall forthwith submit such proposed amendment or
amendments to the electors in accordance, in each instance, with the provisions
of Ohio Law now or hereafter in effect. The Council shall determine the manner
of submission of any proposed amendment or amendments to the electors to the
extent that such submission is not governed by this Charter or the Constitution
or the General Laws of the State of Ohio.
(Amended 11-4-80; 11-5-85; 11-8-94)
11.06 SEPARABILITY
If a section or part of a section of this Charter proves to
be invalid or unconstitutional, the same shall not be held to invalidate or
impair the validity, force or effect of any other section, or part of a section
of this Charter unless it clearly appears that such other section, or part of a
section, is wholly and necessarily dependent for its operation upon the section
or part of a section so held invalid or unconstitutional.
11.07 INTERPRETATION OF THE CHARTER
The article and section headings herein have been inserted
for convenient reference and are not intended to define or limit the scope of,
or otherwise affect, any provisions of this Charter.
11.08 USE OF GENDER
Wherever in this Charter the male gender is used, it is
hereby understood that it shall include the female gender.
11.09 CONFLICT OF INTEREST
It is hereby declared to be the policy of the City of
Brunswick that Municipal officials and employees shall impartially and
faithfully exercise the duties of their office and employment.
To assist and guide the officials and employees in those
unchartered areas where application of ethical principles may be in doubt, to
generate public interest in proper standards of official conduct and thereby
encourage a greater measure of respect for, and confidence in public office and
to protect members of Council, officers and employees of the City of Brunswick
from malicious innuendos through the avoidance of any basis for suspicion, the
following sections are to be incorporated in this Charter:
a. It shall be unlawful for any member of Council or any
officer or employee of the City of Brunswick:
1. To act directly or indirectly as attorney, agent,
broker, or employee or in any other capacity in behalf of any private
person, firm or corporation interested directly or indirectly in any
manner whatsoever in any contract, work or business, or the sale or
acquisition of any property, the cost of which is payable from City
funds or requires from City Council any of the following:
a. Rezoning
b. Annexation
c. Installation of water lines
d. Road improvements
e. Building permits, except for one's own domicile.
2. To engage in the practice of law or to represent
or to appear in behalf of an individual or individuals before Mayor's
Court of the City of Brunswick in any matter or controversy in which the
City of Brunswick is or may become a party except on behalf of the City
as an officer or employee, or volunteer opinion evidence against the
interests of the City in any litigation in which the City of Brunswick
is a party; or
3. To appear before any board or commission of the
City of Brunswick as counsel, attorney or agent except in behalf of a
constituent or constituents without compensation therefor, or in the
performance of public obligations or official duties.
b. No person after termination of his service as an
officer or employee of the City of Brunswick shall accept employment as a
lawyer in any matter which he has investigated or passed upon while in such
office or employ or engage in practice of law before any court in any
litigation in which the City of Brunswick is a party which involves any such
matter.
c. No official or employee of the City shall engage in
any business or transaction or shall have financial or other personal
interest, direct or indirect, which is incompatible with the proper
discharge of his official duties in the public interest or would tend to
impair his independence of judgment or action in the performance of his
official duties. Personal as distinguished from financial interest includes
an interest arising from blood or marriage relationships or close business
or political association.
d. For purposes of this Charter, the following terms,
phrases, words and there derivatives, shall have the meaning given in this
section:
1. "Officials and employees" shall mean any
and all members of Council, officers and employees of the City and
members of any board or commission of the City of Brunswick, but shall
not be deemed to include a person, firm or corporation retained by the
City as special counsel or for other professional or expert advisory or
consulting services.
2. "Agency" shall mean the Council, or any
board or commissions of the City or any department or division of the
City.
3. "Substantial financial interest" shall
mean any of the following interest in a business, firm or corporation;
proprietor, member of a partnership, officer or director of a
corporation associated in the practice of law involving splitting of
legal fees, officer or director of a corporation, or a shareholder in a
corporation in which such person, his spouse and children together own
not less than ten percent (10%) of all outstanding voting shares.
e. A member of Council, officers, members of boards or
commissions shall publicly disclose on the official records of Council any
direct or financial interest or other personal or private right he may have in
any legislation pending before Council prior to its third reading or passage.
Said disclosure shall deprive any member of Council of his right to vote on said
legislation. The failure of any member of Council, officers, members of boards
or commissions to make said disclosure shall not affect the validity of the
legislation.
11.10 REPORT TO THE PUBLIC
Following the external audit, the legislative authority of
the City of Brunswick shall have an annual report printed, in pamphlet form,
giving:
a. A Comprehensive Annual Finance Report.
b. A summary of the proceedings of the legislative
authority and a summary of the operation of the administrative
departments for the previous twelve (12) months.
c. A summary of all elective and appointive terms
which will expire during the next year, as well as a list of anticipated
employment opportunities of the City.
A copy of this report shall be furnished to any citizen of
the City of Brunswick who applies therefor at the City Hall. (Amended 11-5-85)
