CITY OF HUBER HEIGHTS STATE OF OHIO ORDINANCE NO O-

Transcription

1 CITY OF HUBER HEIGHTS STATE OF OHIO ORDINANCE NO O- APPROVING CERTAIN RECOMMENDATIONS OF THE HUBER HEIGHTS CHARTER REVIEW COMMISSION AND DIRECTING THE BOARDS OF ELECTIONS OF MONTGOMERY COUNTY, OHIO AND MIAMI COUNTY, OHIO TO PLACE ON THE BALLOT AT THE MAY 2, 2017 PRIMARY ELECTION OR EARLIEST ELECTION PERMITTED THEREAFTER BY LAW TO BE HELD IN THE CITY OF HUBER HEIGHTS, THE QUESTION OF AMENDING SECTIONS 5.11, 5.12, 6.01, 7.07, 8.05, 12.01, 12.03, 12.04, 12.05, 12.06, AND OF THE CITY CHARTER AND THE ADDITION OF NEW SECTION 9.07 TO THE CITY CHARTER, AND DECLARING AN EMERGENCY. WHEREAS, the people of the City of Huber Heights approved the City Charter at the regular municipal election on November 8, 1983 and the City Charter became effective January 1, 1984; and WHEREAS, the Huber Heights City Council appointed a Charter Review Commission for the purpose of reviewing the Charter and advising City Council of any proposed changes; and WHEREAS, the Huber Heights Charter Commission has submitted its written recommendations to City Council; and WHEREAS, City Council has found it desirable and in the best interest of the City to propose certain amendments to the City Charter based on the findings of the Charter Review Commission; and WHEREAS, it is necessary pursuant to the City Charter of the City of Huber Heights to secure the approval of the majority of the electors voting upon the question of amending the City Charter. NOW, THEREFORE, BE IT ORDAINED by the City Council of Huber Heights Ohio that: Section 1. The question of amendment of Section 5.11 Publication of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The Charter Section 5.11 as amended, shall read as follows: SECTION 5.11 PUBLICATION. (A) Unless otherwise provided under this Charter, each ordinance and resolution adopted by the Council shall be published by posting the full text of the ordinance or resolution for a period of not less than ten (10) days after its adoption on the City s website and in not less than three (3) public places within the City, as such public places are determined by the Council. (B) The failure to publish any ordinance or resolution as required by Division (A) of this Section shall not invalidate the ordinance or resolution, and in such event, the Clerk of Council may publish such ordinance or resolution as required in Division (A) of this Section at a later date. Section 2. The question of amendment of Section 5.12 Mayor s Veto of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The Charter Section 5.12 as amended, shall read as follows: SECTION 5.12 MAYOR'S VETO. Every ordinance or resolution of Council shall, before it goes into effect, be presented to the Mayor for approval except (i) those ordinances or resolutions enacted as a result of the Mayor's casting the deciding vote, and (ii) those enacted by a vote of at least twothirds (2/3) majority of Council. The Mayor, if he approves such ordinance or resolution, shall sign and return it forthwith to the Clerk of Council. If the Mayor does not approve the ordinance or resolution, he shall return it after its passage or adoption, with his

2 objections in writing, to the Council at the next regular meeting of the Council. The Mayor's written objections shall be entered upon the journal of the Council. The Mayor may approve or disapprove the whole or any item of an ordinance or resolution appropriating money. If he does not return such ordinance or resolution with written objections within the time limited in this Section, it shall take effect in the same manner as if he had signed it, unless the Council, by adjournment, prevents its return. When the Mayor disapproves an ordinance or resolution, or any part thereof, and returns it as herein provided with his written objections, the Council may reconsider it no later than the next regularly scheduled Council meeting, and if such ordinance or resolution upon such reconsideration is approved by a two-thirds (2/3) vote of the members of Council then holding office, it shall take effect as if signed by the Mayor. If Council does not reconsider the Mayor s veto as herein provided, the content of the legislation in question may be considered thereafter in the same way all new legislation is considered. Section 3. The question of amendment of Section 6.01 Appointment; Qualifications; Compensation of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The Charter Section 6.01 as amended, shall read as follows: SECTION 6.01 APPOINTMENT; QUALIFICATIONS; COMPENSATION. Council, by an affirmative vote of no fewer than five (5) members, shall appoint a City Manager (referred to in this Charter as the "City Manager" or "Manager") for an indefinite period of time and shall fix the compensation of the Manager. The Manager shall be appointed on the basis of executive and administrative qualifications. Section 4. The question of amendment of Section 7.07 Department of Public Safety of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The Charter Section 7.07 as amended, shall read as follows: SECTION 7.07 DEPARTMENT OF PUBLIC SAFETY. There shall be a Department of Public Safety, the head of which shall be the Director of Public Safety. The Director of Public Safety shall administer the functions of police and fire safety subject to the supervision and control of the City Manager in all matters; shall be the chief administrative authority in all matters affecting the inspections and regulations of erection, maintenance, repair, and occupancy of buildings as may be authorized by Council or established by the general law of the State of Ohio and shall exercise all other powers, duties and functions as provided pursuant to this Charter, the City's ordinances and resolutions, the Administrative Code, by order of the City Manager and, to the extent consistent with this Charter and the City's ordinances and resolutions, the general laws of Ohio. Section 5. The question of amendment of Section 8.05 Schools of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The Charter Section 8.05 as amended, shall read as follows: SECTION 8.05 SCHOOLS. The City and the Personnel Appeals Board shall not have any jurisdiction over nor be obligated to perform any duties or functions with regard to employment matters of, or related to, the Huber Heights School District, Bethel School District or any other local school district including their successor school district. Section 6. The question of the addition of Section 9.07 Removal of Board or Commission Member to the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The Charter Section 9.07 shall read as follows: SECTION 9.07 REMOVAL OF BOARD OR COMMISSION MEMBER. By an affirmative vote of six (6) members of Council at a regular meeting, Council may remove any member of a board or commission for lack of qualifications, incompetency, misconduct, or neglect of duty. The reasons for removal shall be stated in writing and said member shall be given an opportunity to be heard at a regular meeting of Council. Action of the Council shall be final.

3 Section 7. The question of amendment of Section General Authority of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The proposed change to Section shall only be effective if the proposed changes to Sections 12.03, 12.04, 12.05, and of the Charter as set forth in Sections 8-11 of this ordinance are also approved by the voters. The Charter Section as amended, shall read as follows: SECTION GENERAL AUTHORITY. (A) Initiative. The qualified voters of the City shall have the power to propose ordinances or resolutions to Council provided that such power shall apply only to the first ordinance, resolution or other measure required to be passed and not to any subsequent ordinances, resolutions or other measures relating thereto, and further provided that such power shall not extend to the tax budget or any ordinance relating to the appropriation of money or salaries of nonelected City officers or employees. If Council fails to adopt an ordinance or resolution so proposed without any change in substance, the voters may adopt or reject said ordinance or resolution at a general, primary or special election. (B) Referendum. The qualified voters of the City shall have the power to require reconsideration by Council of any adopted ordinance provided that the power to require reconsideration shall apply only to the first ordinance or other measure required to be passed and not to any subsequent ordinances or other measures relating thereto, and further provided that such power to require reconsideration of ordinances shall not extend to the tax budget, or any ordinance relating to the appropriation of money, or salaries of nonelected City officers or employees or ordinances adopted as emergency measures. If Council fails to repeal an ordinance so reconsidered, the voters may approve or reject such ordinance at a general, primary or special election. (C) Recall. The qualified voters of the City shall have the power to propose the removal of any elected City official, and if said official fails to resign, to remove said official by majority vote of those electors voting on the issue. Section 8. The question of amendment of Section Petitions of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The proposed change to Section shall only be effective if the proposed changes to Sections 12.01, 12.04, 12.05, and of the Charter as set forth in Sections 7 and 9-11 of this ordinance are also approved by the voters. The Charter Section as amended, shall read as follows: SECTION PETITIONS. (A) Number of Signatures. Initiative, referendum and recall petitions must be signed by qualified electors of the City equal in number to at least fifteen percent (15%) of the total number of the votes cast within the City in the last gubernatorial election. In the case of recall petitions seeking the removal of a Councilmember elected from a district, the petitions shall be signed by qualified electors of the district equal in number to at least fifteen percent (15%) of the total number of votes cast within the district in the last gubernatorial election. (B) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil, and shall be followed by the address of the person signing. Petitions shall contain, or have attached thereto throughout their circulation, the full text of the ordinance or resolution proposed, or sought to be reconsidered, or the name and office of the official to be recalled. (C) Procedure. Each petition shall be circulated and signed in the manner prescribed by applicable State law and not in conflict with the provisions of this Charter. (D) Time for Filing Referendum Petitions. Referendum petitions must be filed within thirty (30) days after adoption by Council of the ordinance sought to be reconsidered. All petitions shall be filed with the election authorities. The election authorities shall review same for sufficiency according to law, and shall notify both the petitioners' committee and the Clerk of Council as to the outcome of said review.

4 Section 9. The question of amendment of Section Referendum Petitions; Suspension of Effect of Ordinance of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The proposed change to Section shall only be effective if the proposed changes to Sections 12.01, 12.03, 12.05, and of the Charter as set forth in sections 7-8 and of this ordinance are also approved by the voters. The Charter Section as amended, shall read as follows: SECTION REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF ORDINANCE. When a referendum petition is filed with the Clerk of Council, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition; (2) The petitioners' committee withdraws the petition; (3) The Council repeals the ordinance; or (4) The electors of the City have approved the adoption of the ordinance and the election authorities have certified the results of the election. Section 10. The question of amendment of Section Action on Petitions of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The proposed change to Section shall only be effective if the proposed changes to Sections 2.01, 12.03, 12.04, and of the Charter as set forth in Sections 7-9 and 11 of this ordinance are also approved by the voters. The Charter Section as amended, shall read as follows: SECTION ACTION ON PETITIONS. (A) Action by Council. When an initiative or referendum has been determined sufficient, Council shall promptly consider the proposed initiative ordinance or resolution in the same manner as any other ordinance or resolution, or reconsider the referred ordinance by voting its repeal. If Council fails to adopt a proposed initiative ordinance or resolution without any change in substance within sixty (60) days, or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance or resolution to the voters of the City. (B) Submission to Voters. The vote of the electors of the City on a proposed or referred ordinance or resolution shall be held at the next scheduled general or primary election or a special election called by the Council, not less than seventy-five (75) days after the ordinance or resolution is certified by the election authorities. (C) Action by Official. When a recall petition has been determined sufficient, the City official shall have ten (10) days to resign. If said official fails to resign during the ten (10) day period, a recall election shall be held at the next general or primary election or at the next possible special election, called by Council, if the next general or primary election shall not occur within sixty (60) days. (D) Withdrawal of Petitions. An initiative, referendum or recall petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the electors in the City, by filing with the Clerk of Council a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 11. The question of amendment of Section Results of Election of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The proposed change to Section shall only be effective if the proposed changes to Sections 12.01, 12.03, 12.04, and of the Charter as set forth in Sections 7-10 of this ordinance are also approved by the voters. The Charter Section as amended, shall read as follows: SECTION RESULTS OF ELECTION.

5 (A) Initiative. If a majority of the qualified electors voting on a proposed initiative vote in its favor, such initiative shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances or resolutions of the same kind adopted by Council. If conflicting ordinances or resolutions are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (B) Referendum. If a majority of the qualified electors vote on a referred ordinance vote for its passage, such ordinance shall take effect upon the certification of the election results. (C) Recall. If a majority of the votes cast at a recall election are in favor of recall, the official in question shall forfeit office upon certification of the election results. Such vacancy shall be filled as set forth in Section 4.07 of this Charter. The official recalled shall be ineligible to hold any City office for the remainder of the unexpired term of said office. If the majority of the votes cast at a recall election are against recall, the official may not again be subjected to recall for a period of eighteen (18) months after the election at which he was unsuccessfully subjected to recall. In the case of Councilmember elected from a district, only the qualified electors residing in the district shall vote on the question of the member's recall. Section 12. The question of amendment of Section Removal of Official of the Charter of the City of Huber Heights is to be submitted to a vote of the qualified voters of the City. The Charter Section as amended, shall read as follows: SECTION REMOVAL OF OFFICIAL. (A) The Mayor, and Councilmembers shall be removed for cause as provided in this Section of the Charter. (B) As used in this Section of the Charter, the "Charging Official" shall mean: the "Mayor" except where the person accused of a grounds for removal is the person holding the office of Mayor; or the "Vice Mayor" where the person sought to be removed for cause holds the office of Mayor. (C) The Charging Official having reason to believe there is probable cause (as such causes are defined in this Section) for the removal of the Mayor or Councilmember shall give notice of the alleged cause for removal The Council shall remove an official for any of the following causes by a two-thirds (2/3) vote of the Councilmembers then holding office, provided that if the accused person is the Mayor or a Councilmember, such person shall not vote on any matter during the removal procedure and shall not be counted in determining required majorities: (1) Failure to possess or maintain the qualifications of the office prescribed by this Charter; (2) Intentional violation of the prohibitions set forth in Section 4.06 of this Charter; (3) Conviction of a felony; or (4) Violation of any expressed provision of the Charter; or (5) Unexcused absences from any three (3) consecutive regular meetings of the Council, on which such person serves. An absence from a regular meeting may be excused by a majority vote of the members of the Council then holding office; such absence may be excused at any time, including the excusing of any absence after action is initiated but prior to the commencement of hearings for the person's removal under this Section. (D) Upon the removal of an official from office pursuant to this Section, the office of the offending person shall be vacant, subject to any appeal to and review by an appropriate court, and the vacancy shall be filled as provided in this Charter. (E) The removal of an official or the occurrence of any of the causes permitting the removal shall not invalidate any official action of the Council which the member participated. The subsequent removal of a person who fills a vacancy created pursuant to this Section by the reinstatement by a court of a person previously removed by the Council, shall not invalidate any action of the person who filled the vacancy or the Council in which such person who filled the vacancy participated.

6 (F) The Council shall be the judge of the grounds for removal from office and shall conduct the proceedings relative to removal. The Council shall have the power to subpoena witnesses, administer oaths and require the producing of evidence, either on its own motion or through the process of any appropriate court or officer thereof. A person charged with conduct constituting grounds for removal from office shall be entitled to a public hearing on demand, but in any case, a record of the proceedings shall be made and preserved. If a public hearing is demanded, a notice of such hearing shall be published in one or more newspapers of general circulation in the City and posted on available public media at least one (1) week in advance of the hearing, and in such an event, the Charging Official may reschedule the time, date and place of the hearing to accommodate the publication of the notice. If the hearing is rescheduled, the Charging Official shall notify the accused person of such fact. Decisions made by the Council under this Section shall be subject to review by the Courts on matters of law and whether the Council acted arbitrarily and without probative evidence to support the grounds for removal. (G) Council shall request the County Prosecutor or his designee to prosecute the removal proceedings before the Council and any reviews thereof by the Courts. If the County Prosecutor refuses to accept the responsibility, Council shall appoint a Special Prosecutor who shall prosecute the removal proceedings before the Council and any reviews thereof by the Courts. If a person accused is not finally removed the City shall pay the reasonable costs of the defense of such persons and any compensation withheld pending the appeal of the action of the Council Section 13. The recommendations of the Huber Heights Charter Review Committee as to the above amendments have been approved to the extent set forth in the proposed amendment language. Section 14. The election, as authorized, shall be held at the regular places of voting in the City of Huber Heights as established by the Board of Elections by Montgomery County, Ohio, and/or Miami County, Ohio at the date and within the times provided by law and shall be conducted, canvassed, and certified in the manner provided by law. Section 15. The form of the ballots to be cast at such election shall read substantially as set forth on the attached Exhibit A, which is incorporated herein by this reference. Council authorizes the City Manager and Law Director to make any non-substantive changes to the proposed ballot language as may be required the Board of Elections or Ohio Secretary of State for the issues to be placed on the applicable ballot. Section 16. The Clerk of Council be and hereby is authorized and directed to provide notice of said election be given as provided by law and to take all steps necessary to place these Charter Amendments on the ballot, including but not limited to providing a certified copy of the full text of the aforesaid Charter amendment to the Boards of Elections of Montgomery and Miami, Ohio, not fewer than ninety (90) days prior to the date of the Election and directing the applicable Board of Elections to place on the ballot at the May 2, 2017 Primary Election, or if not permitted by law to be on that date, at the next election thereafter permitted by law. Section 17. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this legislation 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 action were taken in meetings open to the public and in conformance with all legal requirements including Section of the Ohio Revised Code. Section 18. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare, and for the further reason that the in order to have the issue on the May 2, 2017 Primary Election ballot, if permitted by law, it must be approved, finalized, and submitted to the Boards of Elections prior to February 1, 2017, as such, this Ordinance shall take effect immediately upon its adoption by Council. Passed by Council on the day of, 2017; Yeas; Nays. Effective Date:

7 AUTHENTICATION: Clerk of Council Mayor Date Date

8 EXHIBIT A Proposed Ballot Language Proposed ballot language for Ordinance Section 1: Shall Section 5.11 of the Charter of the City of Huber Heights be amended to provide that the publication of each ordinance and resolution shall be published by posting the full text of the ordinance or resolution for a period of ten days after its adoption on the City s website and in not less than three public places? Proposed ballot language for Ordinance Section 2: Shall Section 5.12 of the Charter of the City of Huber Heights be amended to provide that the if the Mayor does not approve an ordinance or resolution he shall return it to Council at the next regularly scheduled meeting of Council, and Council may reconsider it no later than the next regularly scheduled Council meeting. Proposed ballot language for Ordinance Section 3: Shall Section 6.01 of the Charter of the City of Huber Heights be amended to remove the requirement that the City Manager be a resident of the City within 6 months after appointment. Proposed ballot language for Ordinance Section 4: Shall Section 7.07 of the Charter of the City of Huber Heights be amended to remove the requirement that the Director of Public Safety be charged with enforcement of all laws and ordinances or resolutions relating to weights and measures. Proposed ballot language for Ordinance Section 5: Shall Section 8.05 of the Charter of the City of Huber Heights be amended to provide that the City and Personnel Appeals Board shall not have jurisdiction with regard to employment matters related to the Huber Heights School District as well as the Bethel School District or their successors. Proposed ballot language for Ordinance Section 6:

9 Shall Section 9.07 be added to the Charter of the City of Huber Heights to provide that Council may by a vote of 6 members, remove any member of a board or commission for lack of qualifications, incompetency, misconduct, or neglect of duty after providing such member with notice and an opportunity to be heard. Proposed ballot language for Ordinance Sections 7 thru Section 11: Shall Sections 12.01, 12.03, 12.04, 12.05, and of the Charter of the City of Huber Heights be amended to remove references to resolutions from the referendum procedures. Proposed ballot language for Ordinance Section 12: Shall Section of the Charter of the City of Huber Heights be amended to provide that that a cause for removal of a Councilmember shall include the violation of any express provision of the Charter.