2011-36

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 III, SECTION FOUR OF THE CHARTER OF SAID CITY TO PROVIDE FOR THE ELECTION OF PRESIDENT OF COUNCIL AND PRESIDENT PRO TEM, WHICH AMENDMENT SHALL TAKE EFFECT AS OF JANUARY 2014, 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 III, Section 4 of the Charter of the City of Vermilion, Ohio to provide for election of President of Council and Council at Large position, which Amendment shall take effect as of January 1, 2014, 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 III, Section 4, of the Charter of Vermilion, which reads as follows: SECTION 4. President of Council and President Pro Tem. The President of Council shall be elected at a general election by the electorate of the City and the other Council at Large position so elected by the electorate shall automatically become the President Pro-tem of Council, who shall preside at meetings of council in the absence of the President of Council. The President of Council elected at the November 2007 election shall serve a term of two (2) years. When the Mayor is absent or inaccessible or for any reason is unable to perform his duties as Mayor, then the President of Council shall become the acting Mayor, and while so acting shall have and exercise all of the powers of the Mayor, but he shall not thereby cease to be a member of Council. In the event the President of Council is absent or inaccessible or for any reason is unable to perform his duties as acting Mayor, the President pro tem of Council shall become the acting Mayor, and while so acting shall have all the powers and duties of the Mayor, but he shall not thereby cease to be a member of Council. In case of a vacancy of the office of Mayor, which vacancy occurs more than 180 days prior to the next regular Municipal election at which the Mayor is to be elected, a special election will be held at the earliest period allowed by law to elect a Mayor to fill the unexpired term of the person who vacated the office of

2011-36 Mayor. Until such special election is held, or if the office of Mayor becomes vacant 180 days or less immediately prior to the next regular Municipal election at which the Mayor is to be elected, the President of Council shall become the acting Mayor, and while so acting shall have and exercise all of the powers of the Mayor, but he shall not thereby cease to be a member of Council. If the office of President of Council becomes vacant, any vacancies in Council shall first be filled in the manner provided in Section 6 of this Article, and then a new President of Council shall be chosen by Council. The President of Council shall have all the powers, duties, functions, obligations and rights of any other member of Council, including the right to vote; shall preside at all meetings of Council; and shall appoint the various committees of Council, coordinating the work of the various committees appointed by him. Be amended to read as follows, effective January 1, 2014: Article III Council, Section 4. SECTION 4. President of Council and President Pro Tem The Council shall at the time of the organizational meeting, choose one of its members as President of Council and another of its members as the President pro tem, who shall preside at meetings of Council in the absence of the President of Council. The President of Council elected at the November 2007 election shall serve a term of two (2) years. When the Mayor is absent or inaccessible or for any reason is unable to perform his duties as Mayor, then the President of Council shall become the acting Mayor, and while so acting shall have and exercise all of the powers of the Mayor, but he shall not thereby cease to be a member of Council. In the event the President of Council is absent or inaccessible or for any reason is unable to perform his duties as acting Mayor, the President pro tem of Council shall become the acting Mayor, and while so acting shall have all the powers and duties of the Mayor, but he shall not thereby cease to be a member of Council. In case of a vacancy of the office of Mayor, which vacancy occurs more than 180 days prior to the next regular Municipal election at which the Mayor is to be elected, a special election will be held at the earliest period allowed by law to elect a Mayor to fill the unexpired term of the person who vacated the office of Mayor. Until such special election is held, or if the office of Mayor becomes vacant 180 days or less immediately prior to the next regular Municipal election at which the Mayor is to be elected, the President of Council shall become the acting Mayor, and while so acting shall have and exercise all of the powers of the Mayor, but he shall not thereby cease to be a member of Council. If the office of President of Council becomes vacant, any vacancies in Council shall first be filled in the manner provided in Section 6 of this Article, and then a new President of Council shall be chosen by Council.

2011-36 The President of Council shall have all the powers, duties, functions, obligations and rights of any other member of Council, including the right to vote; shall preside at all meetings of Council; and shall appoint the various committees of Council, coordinating the work of the various committees appointed by him. SECTION 2: That the ballot for said election shall, at the top, be entitled VERMILION CITY CHARTER AMENDMENT 1, and the question to be submitted on said ballot shall be substantially in the words following: Shall Article III, Section 4 of the Charter of the City of Vermilion be amended to provide for the election of President of Council and President Pro Tem as follows; The Council shall at the time of the organizational meeting, choose one of its members as President of Council and another of its members as the President pro tem, who shall preside at meetings of Council in the absence of the President of Council. The President of Council elected at the November 2007 election shall serve a term of two (2) years. When the Mayor is absent or inaccessible or for any reason is unable to perform his duties as Mayor, then the President of Council shall become the acting Mayor, and while so acting shall have and exercise all of the powers of the Mayor, but he shall not thereby cease to be a member of Council. In the event the President of Council is absent or inaccessible or for any reason is unable to perform his duties as acting Mayor, the President pro tem of Council shall become the acting Mayor, and while so acting shall have all the powers and duties of the Mayor, but he shall not thereby cease to be a member of Council. In case of a vacancy of the office of Mayor, which vacancy occurs more than 180 days prior to the next regular Municipal election at which the Mayor is to be elected, a special election will be held at the earliest period allowed by law to elect a Mayor to fill the unexpired term of the person who vacated the office of Mayor. Until such special election is held, or if the office of Mayor becomes vacant 180 days or less immediately prior to the next regular Municipal election at which the Mayor is to be elected, the President of Council shall become the acting Mayor, and while so acting shall have and exercise all of the powers of the Mayor, but he shall not thereby cease to be a member of Council. If the office of President of Council becomes vacant, any vacancies in Council shall first be filled in the manner provided in Section 6 of this Article, and then a new President of Council shall be chosen by Council. The President of Council shall have all the powers, duties, functions, obligations and rights of any other member of Council, including the right to vote; shall preside at all meetings of Council; and shall appoint the various committees of Council, coordinating the work of the various committees appointed by him. 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

2011-36 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 2011-36/2011Ordinances