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.

2.01 Form of Government The municipality shall operate under a strong-mayor form of government. The Council and Mayor shall be elected by the voters of the municipality and shall possess respectively, the legislative, judicial, and administrative powers specified in this Charter. The municipality shall have only other such officers as are provided for in this Charter or in ordinances duly enacted.

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.

3.09 Office of the Mayor –

3.09c Vacancy in Office of Mayor 1) ABSENCE The Mayor shall designate, by letter, filed with and confirmed by Council, any official of the City to perform his duties during his temporary absence or disability of a period exceeding seventy-two (72) consecutive hours. 2) VACANCY In the event the office of Mayor shall become vacant due to death, resignation or disqualification, the office shall be filled for the remainder of the unexpired term, if any, at the next regularly scheduled election following not less than sixty (60) days upon the occurrence of the vacancy. The individual designated to perform the duties of Mayor during temporary absences shall perform the duties of Mayor until the results of said election have been certified by the Board of Elections.

3.09d 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.

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.

3.11 INVESTIGATIONS The Council, by a majority vote, or the Mayor, 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.

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.

3.12 INDEPENDENT AUDIT The Council, or the Mayor, 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.

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)

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.

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.

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)

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.

SECTIONS "3.05 PROHIBITIONS, 5.01 ADMINISTRATIVE DEPARTMENTS, 5.02 Department of Public Service, 5.03 DEPARTMENT OF PUBLIC SAFETY, 5.04 DEPARTMENT OF LAW, 5.05 DEPARTMENT OF FINANCE, 5.07 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT, 6.06(b)(4) BOARD OF ETHICS, 7.03 APPROPRIATION MESSAGE, 7.05 CAPITAL PROGRAM, and 7.09 CONTRACTS AND PURCHASES"

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 (MAYOR) 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 (MAYOR) 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 (MAYOR) solely through the City Manager, (MAYOR) and neither the Council nor its members shall give orders to any such officer or employee either publicly or privately.

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, (MAYOR) subject to confirmation by City Council, and who shall serve at the pleasure of the City Manager (MAYOR). With the consent of Council, the City Manager (MAYOR) 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)

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 (MAYOR). (11-7-89; 11-7-00)

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 (MAYOR).

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.

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.)

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 (MAYOR). 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 (MAYOR) 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 (MAYOR). 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 (MAYOR) may impose upon him consistent with his office.

(Amended 11-5-85)

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 (MAYOR) 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 (MAYOR), 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.)

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 (MAYOR), 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 (MAYOR).

(Added 11-6-90.)

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.

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 (MAYOR) 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.

On or about the fifteenth day of November of each year, the City Manager (MAYOR) shall submit to the Council, an annual appropriation measure for the ensuing fiscal year and accompanying message.

The City Manager's (MAYOR’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 (MAYOR) deems necessary.

1. The City Manager (MAYOR) 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)

The City Manager (MAYOR) 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)