2011-37

AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE OF THE CITY OF VERMILION, OHIO AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2011, OF AN AMENDMENT TO ARTICLE V, SECTION V-1 OF THE CHARTER OF SAID CITY TO ADD SECTION V-1.1. REMOVAL, WHICH AMENDMENT SHALL TAKE EFFECT AS OF JANUARY 1, 2012, IF ADOPTED BY A MAJORITY OF THE ELECTORATE; AND AUTHORIZING BOTH THE ERIE AND LORAIN COUNTY BOARD OF ELECTIONS TO SUBMIT SUCH ISSUE TO THE ELECTORATE OF THE CITY OF VERMILION, OHIO IN ACCORDANCE WITH ARTICLE XVIII, SECTION NINE OF THE OHIO CONSTITUTION. WHEREAS, pursuant to Article XI, Section 8 of the Charter of the City of Vermilion and Article XVIII, Section 9 of the Constitution of Ohio, Council of the City of Vermilion, by the affirmative vote of two-thirds of its members, has decided to place upon the 2011 general election ballot at all places of polling within said City an amendment to Article V, Section V-1 of the Charter of the City of Vermilion, Ohio to add Section V-1.1. Removal, which Amendment shall take effect as of January 1, 2012, if adopted by a majority of the electorate. NOW , THEREFORE, be it ordained by the Council of the City of Vermilion, Counties of Erie and Lorain, State of Ohio: SECTION 1: That both the Erie County and Lorain County Board of Elections be and they hereby are authorized and directed to submit the following issue regarding amendment of the Charter of the City of Vermilion, Ohio to the electorate of said City at all regular places of polling as established by said Boards in the times provided by law and which election shall be conducted, canvassed and certified in the manner provided by law, with the majority affirmative vote required to pass: Shall Article V, Section V-1, of the Charter of Vermilion, which reads as follows: SECTION V-1. General Provisions. A Department of Public Safety, a Department of Public Service, a Department of Finance, and a Department of Law are hereby established, and this Council shall provide by ordinance for their organization. The Council may establish by ordinance additional departments or divisions and, except for the Departments of Public Service, Public Safety, Finance, and Law, may abolish departments or divisions. With the exception of the Departments of Public Service, Finance, and Law, the Council may combine departments or divisions as it may deem necessary and may authorize one person to be the head of two or more of such departments or divisions. Be amended to read as follows, effective January 1, 2012: Article V, Section V-1. SECTION V-1. General Provisions. A Department of Public Safety, a Department of Public Service, a Department of Finance, and a Department of Law are hereby established, and this Council shall provide by ordinance for their organization. The Council may establish by ordinance additional departments or divisions and, except for the Departments of Public Service, Public Safety, Finance, and Law, may abolish departments or divisions. With the exception of the

2011-37 Departments of Public Service, Finance, and Law, the Council may combine departments or divisions as it may deem necessary and may authorize one person to be the head of two or more of such departments or divisions. SECTION V-1.1. Removal The Council may remove the heads of the Department of Public Safety, Public Service, Finance, and Department of Law for gross misconduct, or malfeasance, misfeasance, or nonfeasance in or for disqualification for office, or for conviction while in office of a crime involving moral turpitude, or for a violation of oath of office, or for failure to provide Council with requested information, materials, or support that is necessary for Council to conduct its business. Such removal may only be initiated by a written complaint signed by at least five members of Council. Council shall convene a meeting of its committee of a whole to hear said complaint for removal. Said removal shall not take place without the concurrence of two thirds of the members of Council nor until the Department head in question has been notified in writing of the complaint against him/her at least 30 days in advance. Council may, by rule, establish additional procedures regarding such removal proceedings not in conflict with this provision of the Charter. SECTION 2: That the ballot for said election shall, at the top, be entitled VERMILION CITY CHARTER AMENDMENT 2, and the question to be submitted on said ballot shall be substantially in the words following: Shall Article V, Section V-1 of the Charter of the City of Vermilion be amended to add Section V-1.1. Removal, as follows: SECTION V-1. General Provisions. A Department of Public Safety, a Department of Public Service, a Department of Finance, and a Department of Law are hereby established, and this Council shall provide by ordinance for their organization. The Council may establish by ordinance additional departments or divisions and, except for the Departments of Public Service, Public Safety, Finance, and Law, may abolish departments or divisions. With the exception of the Departments of Public Service, Finance, and Law, the Council may combine departments or divisions as it may deem necessary and may authorize one person to be the head of two or more of such departments or divisions. SECTION V-1.1. Removal The Council may remove the heads of the Department of Public Safety, Public Service, Finance, and Department of Law for gross misconduct, or malfeasance, misfeasance, or nonfeasance in or for disqualification for office, or for conviction while in office of a crime involving moral turpitude, or for a violation of oath of office, or for failure to provide Council with requested information, materials, or support that is necessary for Council to conduct its business. Such removal may only be initiated by a written complaint signed by at least five members of Council. Council shall convene a meeting of its committee of a whole to hear said complaint for removal. Said removal shall not take place without the concurrence of two thirds of the

2011-37 members of Council nor until the Department head in question has been notified in writing of the complaint against him/her at least 30 days in advance. Council may, by rule, establish additional procedures regarding such removal proceedings not in conflict with this provision of the Charter.

FOR THE AMENDMENT AGAINST THE AMENDMENT SECTION 3: That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the public and in compliance with all legal requirements, including 121.22 of the Ohio Revised Code. SECTION 4: That this Ordinance shall take effect immediately upon its passage and approval by the Mayor, providing it meets and statutory requirements for passage; otherwise it shall take effect and be enforced from and after the earliest period allowed by law.

PASSED:

,2011

_________________________________ Fred Ostrander, President of Council

ATTEST:

,2011

_________________________________ Gwen Fisher, Clerk of Council

APPROVED:

,2011

_________________________________ Eileen Bulan, Mayor

This document prepared as to FORM : By: Gwen Fisher, Certified M unicipal Clerk 2011-37/2011Ordinances