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City Charter Amendments on the November 8, 2016 Ballot?
The Beavercreek City Council has placed a Charter amendment on the November 8, 2016 ballot. The proposed Charter amendment would allow City residents to decide how they select a Mayor in the future. The Charter determines how the City of Beavercreek government operates. Any proposed changes to the Charter must be approved by City voters.
The Charter amendment will provide candidates the opportunity to run for the position of Mayor rather than the Mayor being the candidate that receives the most votes. Below is the full text of the amended sections of the Charter.
SECTION 4.01. POWERS; NUMBER.
Except as provided in this Charter with regard to initiative and referendum, all legislative powers of the City of Beavercreek shall be vested in a Council consisting of seven (7) members, including the Mayor. Six (6)
Allmembers shall be nominated and elected at large by the qualified electors of the City and the Mayor shall be separately nominated and elected.
SECTION 4.02. SELECTION; TERM.
AllSix (6) Council members shall be elected as Council members at large to four (4) year terms on a rotation of four (4)three (3) members selected in one election and three (3) members selected in the next. This rotation will begin with four (4)three (3) persons being selected inat the 19912019 November general election and three (3) selected inat the 19932021 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 therafter.
(A) Term Limitation
(1) In no case shall any person be elected to either the office of C
council member, M 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 C
council member, M 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 C
council member, M 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 C
council members and the M mayor.
SECTION 4.03. QUALIFICATIONS.
The Mayor and e
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 4.04. OFFICERS OF THE COUNCIL.
The City Council candidate receiving the highest number of votes from City electors at the most recent November general election in an odd numbered year will be the Mayor and will serve as such for the first two (2) years of his or her term. The candidate receiving the second highest number of votes at that election will be the Vice Mayor and will serve for the same two (2) years in that capacity. Tie votes in any Council election shall be resolved by a coin flip in the presence of the person then serving as Mayor or in the presence of two other members of 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, right 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 ordinace 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.
Should the office of Mayor become vacant, the Vice Mayor shall succeed to that office.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 4.07 of this Charter.
(C) Tie Votes. Tie votes in any Council election shall be resolved by a coin flip in the presence of the person then serving as Mayor or in the presence of two other members of Council.
SECTION 4.05. PROHIBITIONS.
(A) Holding Other Offices. Except where authorized by this Charter, neither the Mayor or any Council member
sshall neither hold any other C city office except as a representative of the City as authorized by the Council nor hold any employment by the City government during the term for which said Mayor or Council member swas wereelected or appointed.
(B) Appointment and Removals. Neither the Mayor or any Council
nor any of itsmembers shall in any manner dictate the appointment of any C city officers or employees, except by approving or disapproving appointment of department directors under this Charter, nor dictate the removal of any C city officers or employees; but the Council, as a body meeting with the Manager, may express its views, and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees.
(C) Interference with Administration. Except for the purpose of inquiries and investigations permitted under this Charter, the Mayor and Council members shall deal with the C
city officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Mayor or Council nor itsmembers shall give any orders to any such officer or employee, either publicly or privately.
SECTION 4.06. JUDGE OF QUALIFICATIONS.
The Council shall be the judge of the election and qualifications of its members and the existence of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths, and require the production of evidence. A Mayor or Council member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published one time in one or more newspapers or public media forum or other printed publication regularly distributed of general circulation in the City at least seven (7) days in advance of the hearing. If the Council determines that grounds for forfeiture of office exist, the position shall be declared vacant by an affirmative vote of the majority of the remaining members of the Council.
SECTION 4.07. VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES
(A) Vacancies. The office of
aMayor, Council member or Council member-elect shall become vacant upon death, resignation, forfeiture, or removal from office in any manner authorized by this Charter.
(B) Forfeiture of Office.
AThe Mayor or Council member shall forfeit office if he/she: (1) lacks at any time during the term of office any qualifications for the office prescribed by this Charter; (2) violates any express prohibition of this Charter to such an extent as to warrant forfeiture of office; (3) is convicted of a felony; (4) fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council.
(C) Filling of Vacancies. Vacancies in the office of
aMayor or Council member shall be filled within sixty (60) days following the occurrence of the vacancy by a vote of the majority of the remaining members of the Council. If the Council fails to fill any vacancy within sixty (60) days following the occurrence of the vacancy, the power of the Council to fill the vacancy shall lapse; and the Clerk of Council, by authority of this Charter, shall request the Board of Elections of Greene County to hold an election to fill the vacancy. Such election shall be held at the next general election or special election already scheduled, and such general or special election shall occur at least ninety (90) days after the date of the request to the Greene County Board of Elections by the Clerk of Council. The individual elected in such election shall take office immediately following election certification by the Board of Elections and shall serve for the balance of the unexpired term.
Any appointee under this section shall qualify under the provisions of this Charter, and shall serve until a successor for the term is certified at the next November general election whether in an odd or even year, which occurs at least one hundred (100) days after his or her appointment (so as to allow nominating petitions to be filed by the ninety (90) day deadline before such an election). That election shall be held to determine what person is elected to serve for the balance of the unexpired term.
In the event of a vacancy occurring between the time of election of
athe Mayor or Council member-elect in a November general election and the time of taking office for the Mayor or that Council member-elect, the vacancy shall be filled in the manner provided for in this C charter by the newly elected Council and at or following the first meeting of Council on or subsequent to the first day of January after such November general election.