What does Loveland Charter say about electing/recalling Mayor?

Adopted Charter of the City of Loveland, Ohio

Adopted November 6, 2001

ARTICLE II: THE CITY COUNCIL

SEC. 2.01 NUMBER, SELECTION, TERM.

Except as reserved to the people by this Charter, the legislative powers of the City shall be vested in a Council of seven (7) members, elected at large, for four-year (4) overlapping terms, with four (4) members to be elected at a scheduled municipal election and three (3) members to be elected at a scheduled municipal election two years thereafter. All elections of Council members shall be on a non-partisan ballot. (11-5-91, 11-6-01)

SEC. 2.02 QUALIFICATIONS.

Electors of the City of Loveland meeting the qualifications for member of City Council as set forth in the laws of Ohio shall be eligible to have their names placed on the ballot. A Council member who, during his or her term of office, ceases to meet such qualifications, or who is absent, without excuse by a majority of the other members of Council, from four (4) consecutive regular meetings of the Council, shall automatically vacate his/her office on the Council. (11-5- 91, 11-7-00)

SEC. 2.03 FILLING OF VACANCIES.

Vacancies in the office of Council member shall be filled within thirty (30) days by vote of a majority of the remaining members of Council, by the selection of a person qualified as provided in Section 2.02 of this Charter. If Council fails to make a selection to fill such vacancy within thirty (30) days, the Mayor shall forthwith make the appointment. Such person so chosen shall serve the remainder of the unexpired term of the Council member whose vacancy he or she was appointed to fill. (11-5-91, 11-6-01)

SEC. 2.04 BEGINNING OF TERM OF OFFICE.

The term of office of Council members shall begin on the first Monday in December following the regular municipal election held the first Tuesday after the first Monday of November in the odd- numbered years, or such other election date prescribed by the laws of Ohio. (11-5-91, 11-6-01)

SEC. 2.05 ORGANIZATION AND MEETINGS.

Following each municipal election, Council shall meet within five (5) days after the beginning of the term of office of the newly-elected members of Council, for the purpose of organizing. At such meeting, the newly-elected members of Council shall take the oath of office and the Council shall proceed to elect a Mayor and Vice-Mayor and may transact such other business as may come before it. Thereafter, regular meetings shall be held as prescribed in the Council rules, but not less frequently than twice each month. Except as otherwise provided by the laws of Ohio, all meetings of the Council shall be open to the public. A majority of the members elected or appointed shall constitute a quorum at all meetings. (11-5-91, 11-7-00)

SEC. 2.06 MAYOR AND VICE-MAYOR.

At its organization meeting, the Council shall elect, from among its own members, one to serve as Mayor and one as Vice-Mayor for a term of two (2) years and until their successors are chosen and qualified. The Mayor shall preside at Council meetings, when present, and shall have a vote on all matters which come before Council, but shall have no power of veto. The Mayor shall be recognized as the head of the municipal government for ceremonial purposes, but shall have no administrative duties. The Mayor shall have the judicial functions of a Mayor under the laws of Ohio until such judicial functions are performed by some other officer appointed or elected for that purpose. The Vice-Mayor shall perform the duties of the Mayor when the Mayor is absent or disabled. (11-5-91, 11-7-00)

SEC. 2.07 SALARIES.

The salary of Council members shall be fixed by ordinance. No increase in salary shall ever take effect during the term of the Council members enacting the ordinance.

The Mayor’s salary shall be fixed by ordinance. The Council may not increase or decrease the salary of the Mayor during his/her term of office.

The Vice Mayor’s salary shall be fixed by ordinance. Council may not increase or decrease the Vice Mayor’s salary during the Vice Mayor’s term of office. A temporary increase in the Vice Mayor’s salary is allowed if the Vice Mayor is performing the duties of the Mayor. (11-5-91, 11-6-01)

ARTICLE X. NOMINATIONS AND ELECTIONS

SEC. 10.01 MUNICIPAL ELECTIONS.

The regular election for the choice of members of the Council shall be held at the general election in the odd-numbered years. This shall be known as the Municipal Election. The Council may, by resolution, order a Special Election at any time, the purpose of which shall be set forth in the resolution. (11-5-91)

SEC. 10.02 CONDUCT OF ELECTIONS.

All elections shall be conducted under the provisions of this Charter by the Board of Elections of the respective counties in which the City lies. Where the Charter is silent, the provisions of the laws of Ohio shall be followed. (11-5-91, 11-7-00)

SEC. 10.03 NOMINATIONS.

No primary election shall be held for the nomination of candidates for Council. Nominations for the office of Council member shall be made by petition signed by not less than twenty-five (25) nor more than fifty (50) electors of the city. Petitions shall be the standard forms for the nomination of individual non-partisan candidates for such office. Group petitions shall not be used. Petitions shall be filed with the Board of Elections within the time period specified by the Ohio Revised Code. An elector may sign only as many petitions as there are Council members to be elected at the municipal election for which the nominations are made. (11-5-91)

SEC. 10.04 SPONSORS, ACCEPTANCE, VERIFICATION.

Each candidate shall have a sponsoring committee of five (5) qualified voters, whose names and addresses shall appear on each copy of the petition. The signature of the candidate indicating acceptance of the nomination and willingness to serve if elected shall appear on each copy of the petition. The petition may be in a number of parts, but each part shall be verified under oath by the circulator, as required by law. (11-5-91)

SEC. 10.05 BALLOTS.

The full names of all nominated candidates shall be printed on the official ballot without party designation. The resident addresses of candidates with the same surname, or with names likely to cause confusion, shall be placed below their respective names on the ballot. The names of all candidates shall be rotated on the ballot as provided by the laws of Ohio. (11-5-91, 11-7- 00)

SEC. 10.06 WRITE-INS.

Only in the event that fewer candidates are nominated by petition than there are Council members to be elected at the ensuing election, shall space be provided on the ballot for the writing in at the election of the names of additional persons. (11-5-91)

SEC. l0.07 WATCHERS AND CHALLENGERS.

At each municipal election, each regularly nominated candidate shall be entitled, on written application to the Board of Elections, at least ten (10) days before the election, to appoint one (1) person and one (1) alternate to represent him/her as a watcher and a challenger at each polling place during the casting and counting of ballots, and one (1) person and one (1) alternate to represent him/her as watcher and challenger during the canvass of votes at the Board of Election. (11-5-91)

SEC. 10.08 ELECTION.

The candidates for member of Council at the regular municipal election, equal in number to the places to be filled on Council, who received the highest number of votes shall be declared elected. (11-5-91)

SEC. 10.09 RECALL.

Members of Council may be removed from office before the expiration of their terms by the qualified voters of the City. The procedure for such recall shall be that provided by the laws of Ohio. (11-5-91, 11-7-00)

SEC. 11.01 OATH OF OFFICE.

Every officer and employee of the City shall, before entering upon his/her duties, take and subscribe to the following oath or affirmation, which shall be filed and kept in the office of the Clerk of Council:

“I, (name), solemnly swear (or affirm) that I will support the Constitution of the United States, the Constitution of the State of Ohio, the Charter and Ordinances of the City of Loveland,

and will obey the laws thereof, and will faithfully discharge the duties of (______________), upon which I am about to enter.” (11-5-91, 11-6-01)

SEC. 11.02 OFFICIAL BONDS.

All officers and employees of the city, whose duties require them to handle municipal and other public money or property, may be required by Council to furnish a corporate bond issued by a company authorized to do business in Ohio, to protect the City against loss due to their acts. The amount of the bond in each case shall be determined by Council and the premium on such bonds shall be paid from the funds of the city. All such bonds shall be filed with the Clerk of Council. (11-5-91)

SEC. 11.03 PERSONAL INTEREST.

No member of the Council or any officer or employee of the City shall have any financial interest, direct or indirect, in any contract with or sale to the City of any materials, supplies, or services, or any land or interest in land. A person who knowingly and willfully violates this section shall be guilty of malfeasance in office and upon conviction thereof, shall be removed from office. Any contract or agreement made in violation of this section shall be violable at the election of the Council. (11-5-91)

SEC. 11.04 REMOVAL FROM OFFICE — DISQUALIFICATION.

Whenever, in this Charter, certain acts on the part of City officials are described as constituting malfeasance in office, the procedure for complaint, trial and judgment thereon shall be that prescribed by the laws of Ohio. (11-5-91, 11-7-01)

READ THE FULL CHARTER OF THE CITY OF LOVELAND


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