Mayor Fitzgerald must not be allowed to drag Loveland residents and taxpayers into his personal election woes.
Open letter to Loveland City Council, City Manager, Clerk of Council, and City Solicitor,
In light of the special council meeting called by Mayor Fitzgerald for 7 PM this Monday night, Loveland Magazine hereby does, and will, protest if the meeting adjourns to executive session to discuss Fitzgerald’s, (through his attorney) notice to the Board of the Hamilton County Board of Elections (BOE) that, “We will be pursuing other legal remedies.”
If the Mayor says in vague terms that he will pursue other legal remedies (in regard to the Boards decision of last Friday that he must either resign by midnight Monday or stand in a recall vote this November) that this is his private matter and presumably since the statement was directed to the BOE or one member of the Board, it is of no regard to Loveland, Council.
If the Mayor has or will insinuate that the City will be involved in his private dispute with the BOE or a Political Action Committee, then it must be so “publicly” declared and discussed in an open meeting of Council. If the Mayor has called for this special meeting to discuss a private “civil” matter that he may pursue either as an appeal of the ruling to the Secretary of State or in a court of Common Pleas, We would ask all of you to consider the implications of a possible conflict of interest on the part of the Mayor.
Will Fitzgerald ask taxpayers to hire special counsel to represent his interests in a law suit he might file?
If Fitzgerald asks for an executive session to discuss a matter involving himself in possible litigation with a 3rd party, that he may attempt to draw the City of Loveland into, it would be out of order. In fact, in light of the conflict of interest, because of the implications of financial and personal advantage, the Mayor must not be allowed to enter the executive session. This would not be a matter of the mayor of a city being sued in his official capacity, but one Fitzgerald has indicated he may file in a matter of pursuing his personal political goals.
Loveland Magazine will suggest that Council is prohibited by law from entering into an executive session, and perhaps even this “Special Meeting” itself — to discuss any permutations of “Mark Fitzgerald vs. 3rd Party”.
This is not a case of the Mayor of a city being sued in his official capacity where he would be entitled to outside counsel, but litigation that Fitzgerald might himself initiate in a private political dispute attempting to salvage his political career.
Are you prepared to pledge a vow of silence?
Another ramification of Council and Staff discussing a “Mark Fitzgerald vs. 3rd Party” lawsuit in executive session (and one that I would suggest may be a motive) is that it would make ALL subject to sanctions if they ever publicly discuss anything mentioned in the closed door meeting.* Are you prepared to commit to a vow of silence on the Mayor’s election woes? Will this prevent the Solicitor or the other Council members from discussing these matters with the press? It is clear that the only person who will not respect the vow of silence is the Mayor.
Right to see the sausage made
Re-stated… Loveland Magazine believes that any “Mark Fitzgerald vs. 3rd Party” lawsuit or perceived “imminent litigation” must be discussed, if at all discussed by Council as a body, in an open session of Council. The press and indeed the residents of this City have a right under the laws of the City and the State of Ohio to listen to your discussions — to understand and appreciate the rationale behind your decisions.
To provide transparency in government, a free press needs to be able to comment and report on public matters in an informed fashion. An executive session would interfere with Loveland Magazine’s ability to scrutinize and report first-hand on government proceedings and deliberations. We and residents have a right to see the sausage made, and your formation of public policy.
* Charter of City of Loveland
117.01 COUNCIL RULES.
Rule 16. Executive Session.
Executive Session is reserved for matters permitted to be addressed in Executive Session pursuant to the Ohio Revised Code or to secure general legal advice from the City Solicitor and all matters discussed shall be kept in the strictest confidence. All members of City Council are prohibited from removing written notes from, and making audio/video recordings of, any executive session. All members of City Council are prohibited from divulging materials, topics of discussion (beyond the stated reason by the Mayor for the executive session), or discussions made during executive session meetings. Members who violate this non-disclosure policy of Executive Session will be subject to all possible sanctions.
Read background on the efforts to recall Fitzgerald as Mayor:
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Loveland Mayor Mark Fitzgerald did not attend the meeting he called for at the Hamilton County Board of Elections challenging a decision to allow a recall election to go forward (File Photo)
Mayor has until midnight Monday to either resign or face a recall election in November
Fitzgerald and his attorney are no-shows for appeal hearing they requested
Norwood, Ohio – LOVELAND MAGAZINE TVwas live this morning from the Hamilton County Board of Elections when those wanting a recall election of Loveland Mayor Mark Fitzgerald received a unanimous 4-0 vote ruling their petition sufficient. The recall vote will be on the ballot in the General Election this November.
After Sherry Poland, Director of Elections ruled on Tuesday that the recall petition was sufficient, giving Fitzgerald five days to resign or face the recall vote, Fitzgerald filed an appeal of her decision. The appeal hearing was this morning in Norwood.
Fitzgerald has until midnight Monday to resign or face an opponent in the November election who seeks to serve the remaining two-years of Fitzgerald’s term. The presumptive candidate if the Mayor does not resign is Neal Oury who says he has enough signatures on a nominating petition to run head-to-head with Fitzgerald, but will not submit his signatures if Fitzgerald resigns. He will instead allow the petition he has already submitted to run for an “open seat” on council to stand.
The Board expressed that Fitzgerald may further challenge. Speculation from many in attendance was that Fitzgerald may challenge “when” the election would take place. Neither Fitzgerald nor his lawyer was in attendance this morning to defend their appeal.
Fitzgerald appealed partly objecting to the address Rebeccaschild used as a signature gatherer, however, Oury said that even if the signatures she gathered were all disqualified the group had more than enough valid signatures.
Both Oury and Loveland Community Heartbeat PAC spokesperson, Halie Rebeccaschild spoke to Loveland Magazine after the decision and their interview can be seen in the rebroadcast of the hearing below. The PAC was not itself responsible for the recall petition drive, however, Rebeccaschild has been a spokesperson for both groups. Fitzgerald nor his attorney were present at today’s hearing, thus not available for comment.
Loveland Magazine will broadcast live (Facebook) Friday morning from the Hamilton County Board of Elections at 8:30 AM as Loveland Mayor Mark Fitzgerald challenges and appeals the decision of the validity of petitions submitted for his recall from office.
Loveland, Ohio – After the Hamilton County Board of Elections on Tuesday gave Loveland Mayor Mark Fitzgerald five days to resign or face a recall vote this November he filed an appeal of the Board’s decision. The appeal hearing will be this Friday at 8:30 AM at 4700 Smith Road in Norwood.
On August 5, the Loveland Community Heartbeat Political Action Committee (LCHPAC) returned to again submit petitions to place the recall of Loveland Mayor Mark Fitzgerald on the November ballot. Fitzgerald has two years remaining on his four-year term and the group wants Neal Oury to run head-to-head with the Mayor so Oury can serve the remaining two years.
Slightly more than 1,800 signatures were gathered in a week on a revised petition after their first signature drive proved unsuccessful because of insufficient language on the petition. Previously, more 2,054 signatures were gathered and submitted on July 22.
In a statement to the Loveland Community Heartbeat PAC Tuesday, Sherry Poland, the Director of the Hamilton County Board of Elections said, “On August 4, 2017, the Hamilton County Board of Elections received a petition for the recall election of Mark J. Fitzgerald and an election of a successor. We have completed the review of the petitions and determined the petitions to be sufficient.”
Poland said that if Fitzgerald does not resign within five days, an election will be held at the next general election on November 7. She also informed the community group that attorney Doug Holthus, on behalf of Mark J. Fitzgerald, has requested a protest hearing on the validity of the petitions and that the board has scheduled a Special Meeting on Friday, August 11th at 8:30 AM to hold a hearing.
Halie Rebeccaschild, Secretary, and spokesperson for LCHPAC said on Tuesday, “Obviously, the first part of this correspondence contained excellent news, and the second part contained expected news, that Mark Fitzgerald challenges the merit of this recall petition.” She also said that although 1800 signatures were obtained within one week, Fitzgerald challenged it on two frivolous points that disregard the signers of the petition.
Fitzgerald through his attorney Holthus claims the title of the petition “Petition for Recall” should say “Petition of Recall and Replacement.” He also claims in the appeal that circulator Rebeccaschiid does not accurately identify her residence in the Circulator Statement on the Petition, and the signatures contained in documents verified by her should be invalidated.
Rebeccaschiid counters that her permanent address used for circulation is, “Indeed, correct and neither challenge appears to have ground, legal or otherwise.”
Fitzgerald’s attorney told the Board, that Rebeccaschild has, during at least one open meeting of the Loveland City Council, indicated that she does not live at the address on the petitions she circulated and that her residence and point of contact is, instead, located on Lyons Avenue.
William Durnette, the attorney for the recall committee members said in a letter to the Board that in state or local law there is no requirement for headings on petitions. He also said that the permanent residence address Rebeccaschild provided on the petitions she circulated is, as the Board can confirm, the same address that is with the Ohio Bureau of Motor Vehicles for both her automobile title and driver’s license, and with the Board of Elections.
Loveland Magazine asked Fitzgerald Tuesday night if he had any response to the decision the Election Director made and if he would resign if he receives an unfavorable decision on his appeal. He declined to comment.
According to Loveland’s Solicitor, Joe Braun, Fitzgerald must resign or face the recall election and he must do so on Saturday, August 12 if he receives an unfavorable decision on Friday. Braun also said that if Fitzgerald decides to face the recall election and he wins, City taxpayers will have to pay 50% of Fitzgerald’s campaign expenses. If he loses, taxpayers will be off the hook.
Neal Oury has told Loveland Magazine that he has enough signatures on a petition to go head-to-head with Fitzgerald in a recall election and he will file the petition depending on Fitzgerald’s decision on Saturday. Oury has already filed petitions for one of the open Council seats this November and will withdraw it if Fitzgerald does not resign.
Also read all of Loveland Magazine’s reporting on the recall and other area election news HERE.
Loveland, Ohio – In a statement to the Loveland Community Heartbeat PAC today, Sherry Poland, the Director of the Hamilton County Board of Elections said, “On August 4, 2017, the Hamilton County Board of Elections received a petition for the recall election of Mark J. Fitzgerald, and an election of a successor. We have completed the review of the petitions and determined the petitions to be sufficient.”
Fitzgerald is the Mayor of Loveland and has two years remaining of his elected term of four years as a council member.
Poland said that if Fitzgerald does not resign within five days, an election will be held at the next general election on November 7. She also informed the community group that attorney Doug Holthus, on behalf of Mark J. Fitzgerald, has requested a protest hearing on the validity of the petitions and that the board has scheduled a Special Meeting on Friday, August 11th at 8:30 AM to hold a hearing.
Resident Neal Oury has collected signatures to run in the recall election against Fitzgerald, however, has not filed those petitions with the Board of Elections. He did, however, file a petition last week to seek one of the four-year-term open seats on council this fall. He told Loveland Magazine that if the recall petitions are certified, he will withdraw that petition and then file the signatures supporting his candidacy for the direct head-to-head vote against the Mayor.
Norwood, Ohio – LOVELAND MAGAZINE TV broadcast live on Friday from the Hamilton County Board of Elections when the Loveland Community Heartbeat Political Action Committee returned to again submit petitions to place the recall of Loveland Mayor Mark Fitzgerald on the November ballot. Fitzgerald has two years remaining on his four-year term and the group wants Neal Oury to run head-to-head with the Mayor so Oury can serve the remaining two years.
Slightly more than 1,800 signatures were gathered in a week on a revised petition after their first signature drive proved unsuccessful because of insufficient language on the petition. Previously, more 2,054 signatures were gathered and submitted on July 22. In a press release issued earlier in the day Spokesperson Halie Rebeccaschild said, “It was a significant setback, but it didn’t last long. An astounding 1,800 signatures were collected over the past week.”
The release elaborated, “To put that in perspective, the initial round of 2,050 recall signatures was collected over a nine-week period, for an average of 225 signatures per week. The second signature collection averaged more than 225 signatures per day. “In the end, residents will have their voices heard at the ballot box in November,” said Rebeccaschild.
Fitzgerald was given an opportunity to comment on the second set of petitions being submitted to the Board of Elections but did not respond. He has also not responded to questions Loveland Magazine emailed to him about the allegations being made about him.
This interview with Rebeccaschild was conducted just after she turned in the new batch of signatures.
Loveland Magazine will broadcast this event “Live” on Facebook today at 2 PM from the Hamilton County Board of Elections.
“One week after petitions for the recall of Loveland Mayor Mark Fitzgerald were rejected due to issues with the wording on the petition, Loveland Community Heartbeat PAC (LCHPAC) will be back at the Hamilton County Board of Elections to once again submit recall petitions. This round of petitions includes approximately 1,800 signatures of Loveland residents collected in just one week.”
Loveland, Ohio – Eileen Washburn who lives at 10923 Rednor Court has filed her petition to run for a seat on the Loveland City School District Board of Education.
Timothy Butler who lives at 1102 Hickory Ridge Lane and Pamela Gross 343 Huntington Drive have filed petitions to run for Loveland City Council.
EDITOR’S NOTE: Please excuse the quality of our recent video work from the Loveland City Hall council chamber. After the City recently hired a Public Information Officer (PIO), LOVELAND MAGAZINE TV, USA-Today videographers, and Cincinnati Area TV stations have been put into a small corral to one side of the room, and the podium was placed so that when the public rises to speak, they have their backs toward the audience and our camera. We have talked to the PIO, City Manager and the Clerk of Council about how this arrangement significantly degrades our video, “The old set-up allowed a video camera to swing back and forth between those at the podium and the council table. That arrangement had been used for decades.”
Our plea has fallen on deaf ears. The PIO, however, did respond saying, “Unfortunately, the arrangement of the media area will not be moved to accommodate better angles at this time.”
So, for the time being, LOVELAND MAGAZINE TV is forced to show butts instead of faces, except when Councilwoman Pam Gross uses the podium. (See this recent video)
[/quote_box_left]Loveland, Ohio -Business owner and former Councilmember Tim Canada, and residents Diane Powers and Barry Kuhn want the community and Loveland Council to consider changes to Loveland’s Charter. Their proposal is for voters to directly elect the Mayor and Vice-Mayor, and to implement term limits for all members of City Council. They are presenting several proposals for Council to consider. They want Council to initiate putting the question to voters on the November ballot. However, if Council fails to do so, the three pledge to circulate Initiative petitions and get enough signatures so voters can make a decision this November.
Canada appeared at the July 11 Council meeting to explain their proposal.
Later in the meeting Council member Pam Gross made a motion to direct the City Solicitor to give Council a report on the process for a Charter amendment and to also prepare a report on how a “Charter Review Committee” would work. The motion passed 6-0. Mayor Mark Fitzgerald was not at the meeting.
Cc: City Administration, Council Clerk, Media personnel
RE: Open Forum Statement – June 27, 2017 – Governance: Elections
From: Diane Powers, Main Street, Loveland, OH
Note: This was the essence of my statement that I planned to make at Tuesday’s Council meeting prior to the abrupt adjournment. Thought sending it to you all now and making it a part of the City’s public records for citizen communication would keep at least my position open and transparent to everyone.
I want to address Council to share my thoughts on the governance of “We the People”—we citizens of Loveland. I feel there is a fundamental difference between politics and governance. Politics is a focus on the past, manipulating facts, and building small alliances and favoritism that are not representative of the citizens. What it appears we have now, and have had for the last 15-20 years. Governance, on the other hand, is how our elected officials and public employees interact with the citizens to create a community that improves the quality of life by ensuring equal opportunities and access for everyone. As elections are once again coming up in just over 4 months, I feel it is important to state my perspective of the difference and why my efforts are focused only on improving governance. [quote_right]If we want to fix the now, we have to fix the how.[/quote_right]
It was during the height of some of this campaign toxicity, about a month ago, I had made a statement on a Facebook “conversation” (and I do use that term lightly) that, “If we want to fix the now, we have to fix the how.” How we choose the leadership of Loveland. How we ensure the city does not stagnate under a system of “status quo”. How we communicate a vision for the city’s future and elect the individuals most in-tune with setting policies to bring the vision into existence – our Mayor and Council Members. How we citizens address how we want to be governed.
Simultaneously, it appeared to quite a few people that a good start to “fixing the how” was 2-fold:
To move to direct election of the Mayor. This will eliminate the equivalent of Loveland’s “Electoral College”—in essence, 4 people/Council Members—that select the Mayor. It will also require individuals seeking the office of Mayor publicly declare it.
a. Provide for the Council Member receiving the most percentage of votes in Council Member elections becomes Vice Mayor.
2. To establish term limits for all elected officials.
Attached are 2 DRAFT Motions for each Item that were created with verbal input from a number of Loveland citizens. Establishing the language of the ballot measure and change to the municipal code is most definitely open to and, asked for, respectful dialogue from each and every Loveland citizen, Council Member, and the Mayor. I have also attached reference municipal code for Direct Elections from Beavercreek, OH and Cincinnati, OH. Both are local, comparable City Manager/Mayor-Council forms of government. We see these as building blocks for the final ballot language. They are what Tim Canada, a stakeholder in Loveland, was going to bring forward for Council consideration at the Tuesday session. We will be prepared to move this forward via a ballot initiative with necessary eligible voter signatures if Council does not.
It would be encouraging to see any or all Council Members, including the Mayor, demonstrate they are truly independent thinkers and voices and want to let voters decide critical issues by showing their support of the Motions and offering to officially bring these to Council for discussion and potential vote. Having a symbolic “John Hancock” signature on the informal Motions would go a very long way in demonstrating an ability to govern and not just engage in politics as usual. (This was for the Draft Motions at the meeting. At this point, an official Motion from any/all of Council desired.)
Lastly, it is also important to note that “my voice” is used to improve governance and not to campaign for anyone. Who I support is declared at the ballot box with my vote. I would love to say there is a person running that I trust their integrity, authenticity, intelligence, independence, and ability to communicate (listen to all sides of an issue) but I am not seeing these leadership qualities emerge. There’s four months remaining—someone, anyone, please step up.
Thank you for your consideration.
Diane Powers
Main Street
Ordinance Language for Motion – Sample Beavercreek
Proposed language to Replace SECTION 2.05 ORGANIZATION AND MEETINGS and SECTION 2.06 MAYOR AND VICE-MAYOR.
Six (6) Council members shall be elected as Council members at large to four (4) year terms on a rotation of three (3) members selected in one election and three (3) members selected in the next. This rotation will begin with three (3) persons being selected at the 2019 November general election and three (3) selected at the 2021 November general election and will continue at the November general election in subsequent off numbered years. The Mayor shall be selected by separate ballot to a four (4) year term beginning at the 2019 November general election and each four (4) years thereafter.
(A) Term Limitation.
(1) In no case shall any person be elected to either the office of Council member, Mayor, or a combination of the two offices, for more than two (2) consecutive terms of four (4) years each; provided that the term served in filling a vacancy or unexpired term shall not be considered as part of the two (2) consecutive terms of four (4) years each.
(2) Following the election to two (2) consecutive terms as either Council member, Mayor, or a combination of the two offices, no person shall immediately thereafter be eligible for election to either office, or a combination thereof, until a period of one (1) term consisting of four (4) years has elapsed.
(3) No person who has been elected to two (2) consecutive terms as Council member, Mayor, or a combination of the two offices, shall be appointed to fill a vacancy or unexpired term until a period of one (1) term consisting of four (4) years has elapsed since that same person last held office as either Council member or Mayor.
(4) Present members already elected to more than two (2) consecutive terms as either Council member, Mayor, or a combination of the two offices, shall finish the present term to which they were elected.
This proposed Charter amendment shall become effective from the time of its approval by the electors and shall apply to all present Council members and Mayor.
SECTION _______. QUALIFICATIONS.
The Mayor and each Council member shall be at the time of election or appointment, and shall remain throughout the term of office, a qualified elector of the City.
The Mayor and each Council member shall begin their term of office on the first day of January following their election. The Mayor and each Council member shall take the oath of office on or before the first day of January.
SECTION ______ OFFICERS OF THE COUNCIL.
The officers of the Council shall be the Mayor and Vice Mayor.
(A) Mayor. The Mayor shall have the right to vote on all issues before the Council but shall have no power of veto. In addition to the powers, rights, and duties as a Council member, the Mayor shall preside at meetings of the Council, shall be recognized as head of the city government for all ceremonial purposes, by the Governor for purposes of military law, and by the courts for civil process involving the City. The Mayor is recognized as the Chief Executive Officer [Executive Officer] as required by the Ohio Revised Code for purposes of declaring an emergency, but not for any action other than as required by declared emergencies. The Mayor may by ordinance have judicial powers and shall perform all other duties prescribed by ordinance or by resolution of the Council not inconsistent with the provisions of this Charter.
(B) Vice Mayor. The Vice Mayor shall exercise all the power and perform all the duties of the Mayor in case of temporary absence or disability. The City Council Candidate receiving the highest number of votes from City electors at the most recent November general election in an off numbered year will be the Vice Mayor and will serve as such for the first two (2) years of his or her term. If the office of Vice Mayor becomes vacant, the successor Vice Mayor shall be the member who received the next higher number of votes at the most recent rotation election of Council members. If it is not possible to identify a successor in that manner, the Council shall choose a new Vice Mayor at its next regular meeting. In the event of a vacancy in the office of Mayor, the Vice Mayor will serve as Mayor until such time as the vacancy is filled in accordance with Section _____ of this Charter.
And then, like a Friday afternoon bombshell – a plotline that’s been building for months…
by Mary Ann Lynn
Like sands through the hourglass… so goes the soap opera that is Loveland City Council. When we last left the city council majority, or the “Fitz Four” (Mayor Fitzgerald and council members Gross, Settell and Zamagias), they had really painted themselves in a corner – stomping out of a city council meeting after just seven minutes to the hearty boos of residents in the audience and subsequent public outcry. How did they get here? For a while, everything was going so well. The majority had the votes to pass anything they wanted. The mayor had padded key committees to further smooth the path. After a while, they didn’t even bother to communicate what they were doing to the council minority (Bailey, Phelps, Weisgerber) because, what was the point, really?
But there was this pesky group of “zealots” at every council meeting. They formed a PAC and relentlessly shined the spotlight on wrong doings of the Fitz majority. The broader population of residents started tuning in, paying attention, voicing concerns. Other groups of concerned residents were being formed and getting vocal. Week after week in editorials, meeting after council meeting, residents were speaking out against the lies and conduct of the council majority. Literally NOBODY was showing up to defend the behavior or integrity of the Fitz Four. If you are part of this majority, you need to change the narrative – quickly. Allegations of stalking and much ado over Facebook comments proved ineffective diversions. An obscure proposal for changes to the city’s charter provided some level of distraction – a brief reprieve.
[quote_right]Could the drama get any higher?[/quote_right]And then, like a Friday afternoon bombshell – a plotline that’s been building for months… Loveland Community Heartbeat PAC delivered to the Board of Elections mayor recall petitions with 2,000+ signatures – more than twice the number of signatures needed. The recall of Mayor Mark Fitzgerald is now all but assured. Four council seats are up for election in November, and the prospects for Fitzgerald, Gross or Zamagias retaining their seats are getting dimmer by the minute.
Could the drama get any higher? In the week since the recall petition submission, we have seen highly personal attacks on PAC members and the recall process, and a local business targeted for choosing not to participate in the controversy. Enough. More than 2,000 Loveland residents have spoken. These overly dramatic and sinister plots may make for good daytime drama, but they are being played out to the great detriment of our community. It is time to recast Fitzgerald, Gross and Zamagias.
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)
RP Diamond is the exclusive retailer of LOVELAND HIGH SCHOOL SPIRIT WEAR Welcome to RP Diamond Printing & Embroidery located at 370 Loveland Madeira Road
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by Mary Ann Lynn
