ARTICLE IV
SECTION 1. POWERS, ELECTION AND TERM OF OFFICE.
Except as reserved by the Constitution of the State of Ohio and this Charter, the legislative power of the Municipality shall be vested in a Council of eight (8) members; four (4) of whom shall be elected by the respective wards, three (3) of whom shall be elected at large, and one (1) whom shall be elected as President of Council.
Members of Council shall be elected for a term of four (4) years commencing on January 1 following the general election.
Council shall have such further powers, duties, or obligations as are set forth in the general laws and Constitution of the State of Ohio in addition to any powers, duties, or obligations as set forth and not in conflict with this Charter; and in the event that there is such conflict then those granted, allowed or imposed by this Charter shall prevail.
SECTION 2. QUALIFICATIONS.
No person shall be eligible to be a member of Council unless he shall have been continuously a resident and qualified elector for two (2) years in the Municipality. Any member of Council elected or appointed from a particular ward shall, in addition, have been a resident of the ward from which he is elected or appointed for at least one (1) year immediately prior to his election, and shall continue to remain a resident of such ward during the remainder of his term. Except that if the ward boundaries should change during his term thereby affecting his residency the two year residency requirement within the ward shall be waived.
(Amended 11-7-67; 11-7-78)
No person elected or appointed to Council shall continue to serve as a member unless during his term of office he shall continuously be a resident and qualified elector of this Municipality. (Adopted 11-7-61)
No member of Council shall hold any other municipal office or municipal employment in the City of Sheffield Lake either compensated or not, except as otherwise provided in this Charter, and except that of Notary Public, member of the State Militia, National Guard or Reserve Corps of the United States.
No member of Council shall, directly or indirectly, solicit, contract for, receive or be interested in any profit or emolument from or on account of any contract, job, work or service with, or for, the Municipality.
Any member who ceases to possess any of the foregoing qualifications herein shall forfeit his office. Council may declare void any contract made by the Municipality in which any member is, or may become interested.
SECTION 3. PRESIDENT OF COUNCIL.
(a) Duties. The President of Council shall preside at all meetings of Council and shall appoint all committees of Council.
He shall co-ordinate the activities and work of the various committees of Council. As President of Council he shall have all the duties, powers, rights and obligations as any other member of Council, except that he shall not vote upon any matter before Council unless and only when it is necessary to resolve a tie vote. In absence of the Mayor, he shall act as Mayor, as provided in Article
III, Section
4(a) of this Charter.
(b) Vacancy in Office. In case of vacancy, the President of Council shall be elected by Council from among its members and the one so elected shall serve for the unexpired term.
SECTION 4. REMOVAL.
Council shall be the judge of the election and qualifications of its own members including the President of Council. Council may, by vote of two-thirds (2/3) of its members including the President of Council, expel or remove any member for gross misconduct, misfeasance, malfeasance, or disqualification of office; or for the violation of his oath of office; or for conviction of a felony or other crime involving moral turpitude; or for persistent failure to abide by orders of Council. There shall be no expulsion or removal of any member without the concurrence of at least two-thirds (2/3) of all the remaining members of Council including the President of Council and only when the accused member shall have been notified in writing of the charge against him at least fifteen (15) days in advance of any hearing upon such charge, and the member has an opportunity to be heard, to be represented by legal counsel, to present evidence, and to examine under oath, any witness in support of such charge.
(Amended 11-8-88.)
SECTION 5. VACANCIES.
Should any office of Councilman become vacant, the vacancy shall be filled by appointment by two-thirds (2/3) vote of the remaining members of Council, voted and discussed in open meetings. Should the Council fail to fill the vacancy within sixty (60) days, the Mayor shall fill the vacancy by appointment. The sixty (60) days vacancy period shall commence when the council seat is officially declared vacant by Council. Whoever is appointed shall serve until replaced by a councilman elected to fill such vacancy. Said election shall occur at the next general election occurring in an odd-numbered year. Councilmen appointed to office may at their option be a candidate for election under the Rules of Article
IX herein to serve the remainder of the unexpired term. Whoever is appointed to Council shall be qualified for office under Article
IV, Section
2. Any appointee to Council who is unable to be a candidate for office due to the deadline for filing for election having passed prior to his appointment may seek office as a write-in candidate to complete the remainder of the unexpired term to which he was appointed.
SECTION 6. APPOINTMENTS.
Should Council fail to act, within thirty (30) days, on any appointment made by the Mayor which required legislative concurrence by this Charter, then the appointment shall become effective.
SECTION 7. SALARIES AND BONDS.
Council shall fix its own compensation and that of each employee of the Municipality, including officers and members of any board or commission of the Municipality whether elected, appointed or chosen, and shall establish bond for the faithful discharge of the duties of the office. The premium for such bonds shall be paid by the Municipality. Compensation for all elected officials shall be fixed at least forty-five (45) days prior to the last date for the filing of nominating petitions for the next terms beginning on the first day following certification of their election. The compensation of any elected official shall not thereafter be changed during such term or any part thereof. Council may authorize any municipal official or employee to travel for municipal purposes and provide that the expense of such travel be paid by the Municipality.
(Amended 11-3-92.)
SECTION 8. MEETINGS AND ORGANIZATIONS.
Council shall organize itself and may prescribe by its own rules, regulations, ordinances and resolutions the times and places of its regular meetings. Council shall, however, hold a regular meeting at least two times a month except that it may by rule provide for a period of no more than thirty (30) continuous days during any one calendar year in which no meeting need be held. Council shall make its own rules concerning special meetings.
SECTION 9. QUORUM.
Five voting members of Council shall constitute a quorum for the transaction of business at any meeting of Council. When one or more vacancies exists in the membership of Council, four (4) voting members shall constitute a quorum. A lessor number may adjourn the meeting from time to time in order to compel the attendance of absent members in such manner and under such penalties as may be prescribed by rules of Council.
SECTION 10. GENERAL LEGISLATIVE PROVISIONS.
(a) Rules and Journal of Council. Council shall adopt its own rules and procedures and shall keep a journal of its proceedings.
(b) Clerk of Council. Council shall appoint, and may remove, a Clerk of Council and such other employees as Council deems necessary.
(d) Assessments, Advertising of Contracts and Sale of Municipal Property. Council shall by ordinance provide for the procedure for making public improvements, for levying assessments, for advertising and awarding contracts, and for sale or disposal of public property by competitive bids.
SECTION 11. EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS.
(a) Each ordinance or resolution providing for the appropriation of money or for an annual tax levy, or for improvements petitioned for by the owners of property to be benefitted and specially assessed therefor, and any emergency ordinance or resolution necessary for the immediate preservation of the public peace, health and safety, shall take effect, unless a later date be specified therein, upon its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be.
(b) No other ordinance or resolution shall become effective until thirty (30) days after its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be.
(c) Each emergency measure shall contain a statement of the necessity for such emergency action, and shall require the affirmative vote of two-thirds (2/3) of the membership of the legislative authority for the suspension of rules and for its enactment. No action of Council authorizing the surrender or joint exercise of any of its powers, or granting, extending or renewing any franchise, or contracting for the supply to the Municipality or its inhabitants of the produce or service of any utility, whether municipally owned or not, shall be designated an emergency measure or enacted under suspension of the rules.
(d) No ordinance or resolution excepting those ordinances and resolutions described and set forth in subsection (a) of this Section
11 of Article
IV of this Charter or as otherwise provided in this Charter shall be passed by the Council until it has been read at three meetings of the Council.
SECTION 12. ENACTMENT OF ZONING ORDINANCES AND REGULATIONS.
The Council may provide by ordinance for the procedure for the passage and amendment of any zoning ordinance, the maps and regulations thereof and the publication of notice and public hearing thereof, provided that, the minimum notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the Municipality thirty (30) days immediately prior to the date of such public hearing. In the event it is proposed to amend, enlarge, or change ten (10) or less parcels of land within any area, zone or district classification defined in an enacted ordinance, then, in addition to the newspaper notice hereinbefore provided, notice of the time and place of such public hearing shall be provided to the record title holders of the property immediately adjacent, adjoining and abutting on such area, zone, or district proposed to be changed, at least ten (10 days prior to the date of the public hearing. Record title holder shall mean the title holder of such property as disclosed by the records of the Auditor of Lorain County, Ohio. If the mailing address of such record title holder cannot be reasonably ascertained, then the aforesaid newspaper notice of such hearing shall be deemed adequate notice. Nothing herein provided shall be construed as limiting the power of the Council from enlarging on such notice. Any legislation; except legislation referring proposed zoning changes to Planning Commission, establishing public hearings for proposed zoning changes and providing for notification of proposed zoning changes; which would amend, enlarge, or change any area, zone or district classifications shall not be passed as an emergency legislation.
(Amended 11-3-92; 11-8-22)
SECTION 13. ENACTMENT OF MUNICIPAL INCOME TAX ORDINANCES AND RESOLUTIONS.
The Council shall not adopt any ordinance or resolution changing the Municipal income tax rate for persons having income taxable within the City of Sheffield Lake, or changing the percentage of credit allowable to residents of the City of Sheffield Lake having income taxable in another municipality, unless such ordinance or resolution has first been submitted to the electors of the City of Sheffield Lake and approved by a majority of the electors voting thereon at any general, regular, or special election. Council shall, by resolution adopted by a majority of the members of Council eligible to vote, submit any such ordinance or resolution to a vote of the electors of the City of Sheffield Lake at a general, regular, or special election specified in the resolution to be held no sooner than ninety (90) days after the adoption of the resolution for such submission.