Ph 7-3>93 CHARTER The City o& Ashtabula, ly Ohio Name and Powers. CHARTER Of the City of Ashtabula, Ohio We, the people of the City of Ashtabula, Ohio, in order to obtain the benefits of local self-government, to encourage more direct and businesslike methods in the transaction of our muni- cipal affairs, and otherwise to promote our common welfare, do adopt the following Charter of our City: Corporate Powers, Rights and Privileges. Section 1. The inhabitants of the City of Ashtabula, as its limits now are, or may hereafter be, shall be a body politic” and corporate by name, The City of Ashtabula, and as such shall have perpetual succession ; may use a corporate seal; may sue and be sued; may acquire property in fee simple or lesser interest or estate by purchase, gift, devise, appropriation, lease, or lease with the privilege to purchase for any municipal pur- pose; may sell, lease, hold, manage and control such property, and make any and all rules and regulations by ordinance or resolution which may be required to carry out fully all the provisions of any conveyance, deed, or will, in relation to any gift or bequest, or the provisions of any lease by which it may acquire property ; may acquire, construct, own, lease and oper- ate and regulate public utilities; may assess, levy and collect taxes for general and special purposes on all the subjects or objects which the city may lawfully tax; may borrow money ~ on the faith and credit of the city by the issue or sale of bonds or notes of the city; may appropriate the money of the city for all lawful purposes; may create, provide for, construct, regulate and maintain all things of the nature of public works and improvements; may levy and collect assessments for local improvements; may license and regulate persons, corporations and associations engaged in any business, occupation, profes- sion or trade; may define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city, and all nuisances and causes thereof; may regulate the construction, height, and the material used in all buildings, and the mainte- — nance and occupancy thereof; may regulate the construction, location, size, height and the materials used in all bill-boards, and the maintenance and use of the same; may regulate and control the use, for whatever purposes, of the streets and other 2 & ¢ a a sik ss 352.077] AS 3c ID\ 4 public places; may create, establish, organize and abolish 3 offices and fix the salaries and compensations of all officers and employees; may make and enforce local police, sanitary and other regulations; and may pass such ordinances as may be expedient for maintaining and promoting the peace, good gov- ernment and welfare of the city, and for the performance of the functions thereof. The city shall have all powers that now are, or hereafter may be granted to municipalities by the Constitu- tion or laws of Ohio; and all such powers, whether expressed or implied, shall be exercised and enforced in the manner pre- scribed by this Charter, or when not prescribed herein, in such manner as shall be provided by ordinances or resolutions of the Council. Section 2. The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the city shall have, and may exercise, all other powers which, under the Constitution and laws of Ohio, it would be competent for this Charter specifically to enumerate. The Council. Section 3. All powers of the city, except such as are vested in the Board of Education and in the Police Court, and except as otherwise provided by this Charter or by the Consti- tution of the State, are hereby vested in a Council to consist of seven members elected at large; and, except as otherwise prescribed by this Charter or by the Constitution of the State, the Council may by ordinance or resolution prescribe the man- ner in which any power of the city shall be exercised. In the absence of such provision as to any power, such power shall be exercised in the manner now or hereafter prescribed by the general laws of the State applicable to municipalities. Section 4. Members of Council shall hold office for terms of two years beginning January first after their election. Section 5. Each member of the Council for at least five years immediately prior to his election shall have been, and during his term of office shall continue to be, a resident of the City of Ashtabula, Ohio, and shall have the qualifications of an elector therein. He shall not hold any other public office or employment except that of Notary Public or member of the State Militia. 3 515714 Enumerated Powers Not Exclusive. Powers. Term of Office. Qualifications of Members. Vacancies. Salary. President. The Council shall be judge of the election and qualification of its members. | It may punish or expel any member for dis- orderly conduct or violation of its rules. Expulsion shall not take place without the concurrence of five members, nor until the delinquent member shall have been notified of the charge against him and given an opportunity to be heard. Section 6. Any vacancy in the Council shall be filled for the unexpired term by the appointment, by the remaining members, of any qualified citizen whose appointment is requested by a petition signed by not less than three-fourths of the electors who signed the nominating petition of the mem- ber whose place 1s to be filled. If no such petition is received within thirty days after the vacancy occurred, an appointment may be made to fill the vacancy by the affirmative vote of at least four of the remaining members. a! Section 7. Each member of the Council, except the Presi- dent, shall receive a salary of one hundred dollars a year, and the President of Council shall receive a salary of one hundred and fifty dollars per year, payable in equal monthly install- ments: Section 8. The Council shall at the time of organizing elect one of its members as President and another as Vice- President for terms of two years. In case the members of the Council within five days after the time herein fixed for their organization meeting, are unable to agree upon a President or a Vice-President of such Council then a President, or a Vice- President, or both, as the occasion may require, shall be select- ed from the two members receiving the highest number of votes therefor, by lot conducted by the City Solicitor, who shall certify the result of such lot upon the journal of the Council. The President shall preside at all meetings of the Council and perform such other duties consistent with his office as may be imposed by it; and he shall have a voice and vote in its proceedings, but no veto. He may use the title of Mayor in the execution of legal instruments or where the general laws of the State so require; but this shall not be construed as con- ferring upon him the administrative or judicial functions of a Mayor under the general laws of the State, except that if the Police Court of the city be abolished without the establishment of another Court therein with like or similar criminal jurisdic- tion, and until such Court is established, the President of the Council as ex-officio Mayor shall exercise all the judicial func- f tions of a Mayor under the general laws of the State, and shall receive for such services an additional compeusation of $600 per annum, payable monthly. The President of the Council shall be recognized as the official head of the city by the Courts for the purpose of serv- ing civil process, by the Governor for the purposes of military law, and for all ceremonial purposes. He may take command of the police and govern the city by proclamation during times of public danger or emergency, and the Council shall be the judge of what constitutes such public danger or emergency. The powers and duties of the President shall be such as are conferred upon him by this Charter, together with such others as are conferred by the Council in pursuance of the Baan sake of this Charter, and no others. If the President be temporarily absent from the Se, or - becomes temporarily disabled from any cate, his duties shall be performed during such absence or disability by the Vice- President. In the absence of both President and Vice-Presi- dent the other members of the Council shall select one of their number to perform the duties of President. Section 9. The Council shall appoint a City Manager, a GipvasOncitor .a Citve ceasurer, a tacalthi@incer,.and.a City Auditor. The City Auditor shall be ex-officio Clerk of the Council, and shall keep its records and perform all other duties required by this Charter or by the Council. Council may also appoint and employ such other officers and employees of its body as it deems necessary. Council shall also designate some omcer of the city, other than the City Auditor or City [reas- urer, to act as its Purchasing Agent. All appointees of the Council shall hold office at the pleasure of the Council. Section 10. At seven-thirty o’clock P. M. on the second day of January following a regular municipal election, or if such day be Sunday, on the day following, the Council shall meet at the usual place for holding the meetings of the legisla- tive body of the city for the purpose of organization. There- after the Council shall meet at such times as may be prescribed by ordinance or resolution, except that it shall meet regularly not less than once each week. The President, any two mem- bers of the Council, or the City Manager, may call special meetings of the Council, upon at least twelve hours’ written notice to each member, served personally or left at his usual place of residence. All meetings of the Council shall be public and any citizen shall have access to the minutes and records 5 Appointees. Time of Meeting. thereof at all reasonable times. The Council shall determine its own rules\and order of business and shall keep a journal of its proceedings. | Penalty for Section 11. For each absence of a member of Council ees from a regular meeting of the Council, there shall be deducted a sum equal to two per cent. of the annual salary of such mem-_ ber. Absence from’ five consecutive regular meetings shall operate to vacate the seat of a member unless the absence is exctised by the Council by resolution setting forth such excuse and entered upon the journal. Legislative Section 12. The legislative action of Council shall be by oe ordinance or resolution, provided that this shall not apply to action accepting a bid for work and directing the appropriate officer to enter into a contract, to action ordering the dismissal of an officer, to action ordering an election, or to action direct- ing an officer or board to furnish the Council with information as to the affairs of any office, department or board. A majority of all the members elected to the Council shall be a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of at least four members shall be neces- sary to adopt any ordinance or resolution; and the vote upon the passage of all ordinances and resolutions shall be taken by “veas” and “nays” and entered upon the journal. Ordiiance Section 13. Each proposed ordinance or resolution shall Bearcat be introduced in written or printed form, and shall not contain more than one subject, which shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are to be appropriated. The enacting clause of all ordinances passed by the Council shall be, “Be it ordained by the Council of the City of Ashta- bula, Ohio.” ‘The enacting clause of all ordinances submitted to popular election by the initiative shall be: “Be it ordained by the people of the City of Ashtabula, Ohio.” No ordinance, unless it be an emergency measure, shall be passed until it has been read at two regular meetings not less than one week apart, or the requirement of such reading has been dispensed with by the vote of at least five members of the Council. No ordinance or resolution or section thereof shall be revised or amended, unless the new ordinance or resolution 6 contain the entire ordinance or resolution or section revised or amended; and the original ordinance, resoltition, section or sections so amended shall be repealed. No resolution declaring it necessary to proceed with any public improvement shall be adopted until: complete plans, specifications, profiles and estimates have been submitted to the Council and approved by it; and the same, or a copy there- of, shall thereafter remain on file in the office of the City Engineer, subject to inspection by the public. Section 14. All ordinances and resolutions passed by the Emergency Council shall be in effect on and after the thirtieth day from ees the date of their passage except that the Council may, by the vote of five members, pass emergency measures to take effect at the time indicated therein. An emergency measure is an ordinance or resolution pro- viding for the immediate preservation of the public peace, property, health or safety, or for the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility, shall ever be so passed. Section 15. Every ordinance or resolution upon its final Record and passage shall be recorded in a book kept for that purpose, and Chee nt Sew shall be authenticated by the signatures of the presiding officer and the Clerk of the Council. Every ordinance or resolution of a general or permanent nature shall be published once within ten days after its final passage in the manner hereinafter pro- vided; except that whenever the passage of more than one ordinance or resolution is required by law to complete the legislation necessary to make and pay for any public improve- ment, the provisions of this section shall apply only to the first ordinance or resolution required to be passed, and not to any subsequent ordinance or resolution relating thereto, provided that before issuing bonds to pay for any public improvement Council may publish a notice headed, “‘Notice of Bond Issue for Public Improvement,” describing said improvement in general terms and setting forth within what time assessments on prop- erty specially benefited may be paid in cash, and for what period of time and at what rate of interest bonds will be issued for that portion of the assessment not so paid. ri Times of Publication. Price and Mode of Publication. Salaries and Bonds. Section 16. Advertisements for bids for work and notices of the sale or lease of real estate or sale of personal property \ shall be published once a week for not less than two nor more than four consectitive weeks; proclamations of elections, such number of times as provided by law; and all other matters, once. Section 17. All the above mentioned publications, as well as all other newspaper publications made by the city, except as hereinafter provided, shall be published in one newspaper of general circulation in the city, printed in the English language, to be designated by the Council. Before designating the news- - paper to carry such publications the Council shall request all such newspapers to submit sealed bids for such publishing together with their published rate card for commercial adver- tising, and a sworn statement of their bona fide net paid circulation within the City of Ashtabula, and in making such designation the Council shail take into consideration both the rate and circulation of the newspaper, and the City shall there- upon enter into a contract with the newspaper so designated for such period of time, not exceeding three years, as Council shall determine. | All such publications shall be set solid in the regular reading type of the newspaper so designated, but not larger than eight-point type and nine-point body, with an eighteen- point headline specifying the nature of the publication; pro- vided that by order of Council special notices or advertising may be set in larger type than above specified, and notices of the sale of bonds may be published in not to exceed two news- papers published outside of the city. The newspaper carrying any or all of such publications shall be paid for the quantity of space used at a rate no higher than it charges for the same space for commercial display advertising. Whenever it may appear to the Council that the rates offered by such newspapers are unfair, such other means of securing due publicity may be employed, in lieu of newspaper advertising, as the Council may by resolution determine. Section 18. The Council shall fix by ordinance the salary or rate of compensation of all officers and employees of the city entitled to compensation, except as otherwise provided in this Charter; but this shall not prevent the city from securing the services of special or temporary employees who shall receive such compensation as may be agreed upon, and approved by 8 Council. Council may require any officer or employee to give a bond for the faithful performance of his duty, in such an amount as it may determine, and it may provide that the pre- mium thereof shall be paid by the city. Section 19. No member of the Council, the City Manager or any other officer or employee of the city, shall be directly or indirectly interested in any contract, job, work or service with or for the city; nor in the profits or emoluments thereof, nor in the expenditure of any money on the part of the city, other than his fixed compensation; and any contract with the City in which any such officer or employee is, or becomes, interested may be declared void by the Council. No member of the Council, the City Manager or other officer or employee of the City shall knowingly accept any gift, frank, free ticket, pass, reduced price or reduced rate of service from any person, firm or corporation operating a public utility or engaged in business of.a public nature within the City, or from any person known to him to have or to. be endeavoring to secure, a contract with the City; but the provisions of this Section shall not apply to the transportation of policemen or firemen in uni- form or wearing their official badges, when the same is provided for by ordinance. Initiative and Referendum. Section 20. Any proposed ordinance may be submitted to the Council by petition signed by electors of the City equal in number to ten (10) per cent. of the total number of registered electors therein. All petition papers, circulated with respect to any proposed ordinance, shall be uniform in character, and shall contain the proposed ordinance in full, and the names and addresses of at least five electors who shall be officially regarded as filing the petition and shall constitute a committee of the petitioners for the purpose hereinafter named. = 8 _—_s...... Each signer of a petition shall sign his name in ink or in- delible pencil, and shall place on the petition paper after his name his place of residence by street and number, and the date of signing. The signatures to any such petition need not all be appended to one paper but to each such paper there shall be attached an affidavit by the circulator thereof stating the num- ber of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person i) General *Dis- qualifications. The Initiative. whose name it purports to be, and was made in the presence of the afhant and on the date indicated. No person shall sign more than one petition paper for the same purpose. Before any ordinance so proposed shall be submitted to the Council, its form shall be approved by the City Solicitor, who shall endorse his approval thereon; and it shall be the duty of the City Solicitor to draft any such proposed ordinance in proper legal language and to render such other services to persons desiring to propose such ordinance as shall be necessary to make the same proper for consideration by the Council. All papers comprising a petition shall be assembled and filed with the Clerk of the Council as one instrument within one hundred and twenty days from the date of the first signature thereon. Within ten days from the filing of such petition the Clerk shall endorse thereon a certificate showing the number of signatures of qualified electors contained therein and the num- ber required. If the Clerk’s certificate shows that the petition is insuff- cient he shall at once notify each member of the committee of the petitioners, hereinbefore provided for, and the petition may be supplemented at any time within fifteen days from the date of such notification by filing with the Clerk an additional petition paper or papers in the same manner as provided for the original petition. Upon the filing of such supplemental petition the Clerk shall, within ten days thereafter, attach thereto his certificate as herein- before required. If the petition as so supplemented is still in- sufficient, or if no supplement shall have been filed, the Clerk shall file the petition in his office and shall notify each member of the committee of that fact. The final finding of the insuff- ciency of a petition shall not prejudice the filing of a new petition for the same purpose. When the certificate of the Clerk shows the petition to be sufficient, he shall submit the proposed ordinance to the Council at its next regular meeting and the Council shall take final action thereon within thirty days from the date of such submission. If the Council reject the proposed ordinance, or pass it in a form different from that set forth in the petition, the committee of the petitioners may require that it be submitted to a vote of the electors in its original form, or that it be submitted to a vote of the electors with any proposed change, addition or amendment, which was presented to Council in writing by said committee during the consideration thereof by the Council. 10 When an ordinance proposed by petition is to be submitted to a vote of the electors the committee of the petitioners shall certify that fact and the proposed ordinance to the Clerk of the Council within forty (40) days after the submission of such proposed ordinance to the Council. Upon receipt of the certificate and certified copy of the pro- posed ordinance, the Clerk shall certify that fact to the Council at its next regular meeting. If no election is to be held within six months and more than thirty days after the receipt of the Clerk’s certificate by the Council, the Council may provide for submitting the proposed ordinance to the electors at a special election. If a supplemental petition, signed by electors equal in number to twenty-five (25) per cent. of the total number of registered electors in the municipality other than and in addi- tion to those who signed the original petition, be filed with the Clerk asking that the proposed ordinance be submitted to the voters at a time indicated in such petition, the Council shall provide for a special election at such time. The sufficiency of any such petition shall be determined, and it may be supple- mented, in the manner hereinbefore provided for original petitions for proposing ordinances to the Council. If no other provision be made as to the time of submitting a proposed ordinance to a vote of the electors, it shall be submitted at the next election. The ballots used when voting upon any such proposed ordinance shall state the title of the ordinance to be voted on and below it the two propositions, “For the Ordinance’ and “Against the Ordinance. Immediately at “the, left of, -each proposition there shall be a square in which by making a cross (X) the voter may vote for or against the proposed ordinance. If a majority of the qualified electors voting on any such pro- posed ordinance shall vote in favor thereof, it shall thereupon become -an ordinance of the City. No ordinance adopted by an electoral vote shall be repealed or amended except by an electoral vote, but an ordinance to repeal or amend any such ordinance may, by resolution of the Council, be submitted to an electoral vote on the day of any regular or special election or at a special municipal election called for that purpose, provided notice of the intention so to do be published by Council not more than sixty nor less than thirty days prior to such election in the manner required for the pub- lication of ordinances. If an amendment is so proposed, such notice shall contain the proposed amendment in full. Such sub- 4 1 The Referendum. Ordinances. mission ‘shall be in the same manner, and the vote shall have the same effect, as in cases of ordinances submitted to an election by popular petition. Proposed ordinances for repealing any existing ordinance or ordinances in whole or in part, or amending the same, may be submitted to the Council as provided in the preceding Sections for initiating ordinances. Section 21. No ordinance passed by the Council, unless it be an emergency measure, shall go into effect until the thirtieth day after its final passage. If, at any time, within said period a petition signed by qualified electors of the City equal in number to ten (10) per cent. of the total number of registered electors therein, be filed with the Clerk of the Council requesting that any such ordinance be repealed or submitted to a vote of the electors, it shall not become operative until the steps indicated herein have been taken. When such a petition is filed with the Clerk of the Council he shall determine the sufficiency thereof in the manner pro- vided in Section 20 of this Charter. If the petition be found sufh- cient, or be rendered sufficient by a supplemental petition which may be filed as provided in said Section 20, the Clerk shall certify that fact to the Council, which shall proceed to reconsider the ordinance. If, upon such reconsideration, the ordinance be not entirely repealed, Council shall provide for submitting it to a vote of the electors, and in so doing the Council shall be governed by the provisions of said Section 20 respecting the time of sub- mission and manner of voting on ordinances proposed to the Council by petition. If when submitted to a vote of the electors any such ordinance be not approved by a majority of those vot- ing thereon, it shall be deemed repealed. Referendum petitions need contain only the title, number and date of passage of the ordinances, the repeal of which is sought; but they shall be subject in all other respects to the requirements for petitions submitting proposed ordinances to the Council. Ballots used in referendum elections shall conform in all respects to those provided for in said Section 20 of this Charter. Section 22. Ordinances submitted to the Council by initiative petition and passed by the Council without change, or passed in an amended form and not required to be submitted to a vote of the electors by the committee of the petitioners, shall be subject to the referendum in the same manner as other ordinances. 12 Section 23. If the provisions of two or more ordinances adopted or approved at the same election conflict, the conflicting provisions of the ordinance receiving the highest affirmative vote shall prevail. Section 24. Ordinances passed as emergency measures shall be subject to referendum in like manner as other ordinances, except that they shall go into effect at the time indicated in such ordinances. If, when submitted to a vote of the electors, an emergency measure be not approved by a majority of those vot- ing thereon, it shall be considered repealed as régards any further action thereunder ; but such measure so repealed shall be deemed sufficient authority for payments made or expense incurred in accordance therewith previous to the referendum vote thereon. Section 25. The following ordinances or measures shall not be subject to the referendum, but shall go into effect at the time indicated therein: (a) The annual appropriation ordinance. (b) In all cases where Council is required to pass more than one ordinance or other measure to complete the legislation necessary to make and pay for any public improvement, the referendum shall apply only to the first ordinance or measure required to be passed and not to any subsequent ordinances or measures relating thereto, and said first ordinance or measure shall clearly state the purpose and general scope of. the improve- ment. (c) Ordinances or resolutions providing for the approval or disapproval of appointments or removals by the City Manager, and appointments or removals made by the Council. (d). Actions by the Council on the approval of official bonds. (e) Ordinances or resolutions providing for the sub- mission of any proposition to a vote of the electors. Section 26. In case a petition be filed requiring that a meas- ure passed by the Council, providing for an expenditure of money, a bond issue, or a public improvement be submitted to a vote of the electors, all the steps preliminary to such actual expenditure, actual issuance of bonds, or actual execution of a contract for such improvement, may be taken prior to the election. 13 Conflicting Ordinances. Referendum on Emergency Measures. When Referendum Does Not Apply. Referendum— Preliminary Action. Appointment. Powers and Duties. Heads of Departments. City Manager. Section 27. The Council shall appoint a City Manager who shall be the administrative head of the municipal government under the direction and supervision of the Council, and who shall hold office at the pleasure of the Council. He shall be appointed without regard to his political beliefs and need not be a resident of the City at the time of his appointment. During the absence or disability of the City Manager the Council may designate some properly qualified person to execute the functions of the office. Section 28. The powers and duties of the City Manager shall be: j . (a) To see that the laws and ordinances be enforced. (b) Except as herein provided, to appoint and remove all heads of departments, and all subordinate officers and em- ployees of the City; all appointments to be upon merit and fit- ness alone. | 5 (c) To exercise control over all departments and divi- sions created herein or that hereafter may be created by the Council. (d) To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise be faithfully kept and performed; and upon knowledge of any violation thereof to call the same to the attention of the City Solicitor, who is hereby required to take such steps as are neces- sary tO enforce the same: (e) To attend all meetings of the Council, with the right to take part in the discussion but having no vote. (f) To recommend to the Council for adoption such meas- ures as he may deem necessary or expedient. (g) To act as budget commissioner and to keep the Coun- cil fully advised as to the financial condition and needs of the City ; and (h) To perform such other duties as may be prescribed by this Charter or be required of him by ordinance or resolution of the Council. Section 29. Excepting the departments of City Solicitor, | City Auditor, City Treasurer, Health Officer, and Sinking Fund, the City Manager shall be the acting head of each and every department of the City until otherwise provided by the Council; but with the consent and approval of the Council, he may 14 appoint a Deputy or Chief Clerk to represent him in any depart- ment of which he is the acting head. No member of the Council shall interfere with the conduct of any department, except at the express direction of Council. 7 Section 380. The City Manager shall be the Platting Com- missioner of the City and shall exercise the authority and dis- charge the duties of that office under the provisions of the gen- eral law of the State applicable thereto, except as the same may be modified by the Council. | Section 31. The City Manager shall receive such salary as may be fixed by ordinance of the Council. Administrative Officers and Departments. Section 32. The City Solicitor shall be an Attorney at Law admitted to practice in the State of Ohio and shall have such assistants of like qualifications as the Council may authorize. The City Solicitor shall be the legal adviser of and attorney and counsel for the municipality, and for all officers and departments thereof in matters relating to their official duties. He shall prepare all contracts, bonds and other instruments in writing in which the municipality is concerned, and shall endorse on each his approval of the form and correctness thereof; and no such contract with the City shall take effect until his approval is endorsed thereon. He or his assistant shall be the Prosecuting Attorney of the Police Court or any Municipal Court which may hereafter be established, and he shall perform such other duties as the Council shall require: Section 33. The City Auditor shall issue all warrants for the payment of money by the City. He shall keep an accurate account of all taxes and assessments, of all money due to, and of all receipts and disbursements by the municipality, of all its assets and liabilities, and of all appropriations made by the Coun- cil. At the end of each fiscal year, and oftener if required by the Council, he shall audit the accounts of the several depart- ments and officers, and shall audit all other accounts in which the municipality is interested. He may prescribe the form of reports to be rendered to his department, and the method of keeping accounts by all other departments, and he shall require reports from each department at such stated intervals and such other times as he may deem necessary, showing all moneys received by such department and the disposition thereof. Upon the death, resignation, removal, or expiration of the term of any 15 Platting Commissioner. Salary, City Solicitor. City Auditor. City Treasurer. Purchasing Agent. Trustees of the Sinking Fund. Other Boards and Depart- ments. officer, the City Auditor shall audit the accounts of such officer, and if such officer shall be found indebted to the municipality he shall immediately give notice thereof to the Council and the City Solicitor; and the latter shall forthwith proceed to collect the same. 4 Section 34. The City Treasurer shall be the custodian of all moneys of the municipality, and shall keep and preserve the same in such manner and in such place or places as shall be determined by the Council. He shall pay out money only on warrants issued by the City Auditor. The office of the City Treasurer may be combined with any other office not incon- sistent therewith. | Section 35. The Purchasing Agent shall purchase all sup- plies for the City, and approve all vouchers for the payment of the same. He shall also conduct all sales of personal property which the Council may authorize to be sold as having become unnecessary or unfit for the City’s use. All purchases and sales shall conform to such regulations as the Council may from time to time prescribe; but in either case, if any amount in excess of five hundred dollars is involved, opportunity for competition shall be given. Where purchases or sales are made on joint account of separate departments, the Purchasing Agent shall apportion the charge or credit to each department. He shall see to the delivery of supplies to each department, and take and retain the receipt of each department therefor. Until the Council shall otherwise provide, the City Manager shall act as such Purchasing Agent. Section 86, The Board of Trustees of the Sinking Fund as now organized and existing shall continue, and such Board and all matters pertaining thereto shall be governed by the gen- eral laws of the State in effect January Ist, 1916, or thereafter enacted and applicable thereto; excepting that the members of said Board shall serve without compensation. The present mem- bers of said Board shall continue to serve for their unexpired terms; but their successors shall be appointed, and vacancies in said Board shall be filled, by the President of the Council, with the consent of said Council entered upon its journal. Section 3%. Excepting the officers, boards, commissions and — departments hereinbefore specially mentioned and provided for, the Council shall have power to establish, create, combine or abolish offices, boards, departments or divisions when in its 16 opinion the proper administration of the business of the City so requires; provided that all other administrative departments in existence January Ist, 1916, shall continue until otherwise provided by the Council, and all administrative boards in charge of any administrative department of the City shall continue in office, and their successors shall be appointed as heretofore, excepting as other provision is made in this Charter, or may hereafter be made by the Council. Section 38. Neither the City Manager, nor any person in the employ of the City under him shall take any active part in securing, or contribute any money toward, the nomination or election of any candidate or candidates for the office of Mem- ber of Council, excepting to answer such questions as may be put to him and as he may desire to answer. Section 39. The provisions of the last preceding Section and of Section 19 shall not be considered exclusive, but as in addition to any other provisions of the general law of the State applicable to the case; and a violation of any provision of such Sections shall subject the offender to removal from his office or employment, and to punishment by a fine of not exceeding one hundred ($100.00) dollars. Civil Service. Section 40. The Council may appoint three qualified electors of the City, no two of whom shall belong to the same political party,.as members of the Civil Service Commission to serve for a term of three years, and until their successors have been appointed and have qualified. A vacancy shall be filled by the Council, for the unexpired term. The Council may at any time remove any Commissioner for inefficiency, neglect of duty or malfeasance in office, having first given to such Commissioner a copy of the charges against him and an opportunity to be publicly heard, in person or by counsel, in his own defense; and any such removal shall be final; provided, however, that the members of the existing Civil Service Commission shall continue in office for the terms for which they have been appointed, and the Civil Service of the City, and such Commission and all matters pertaining thereto, shall be governed by the general laws of the State applicable thereto, until otherwise prescribed by ordinance of the Council. 1 Political Activity. Penalties. The Civil Service Com- mission. Appointments and Removals. Nomination of Candi- dates. Section 41. Appointments and promotions in the Civil Ser- vice of the City shall be made according to merit and fitness, to be ascertained, as far as practicable, by competitive examina- tions. Ordinances may be passed. to enforce this provision, to fix the powers and duties of the Commission and to prescribe rules and regulations governing the Civil Service and determin- ing the method by which persons in the Civil Service may be ‘promoted, transferred, reduced or discharged; provided that all persons holding positions in the Civil Service of the City at the time of the adoption of this Charter, shall retain their positions until promoted, transferred, reduced or discharged according to law or in accordance with such ordinances. Elections. Section 42. Candidates for the elective offices of the City shall be nominated by petition only. Each petition shall con- tain the name of the candidate, giving his place of residence with street and number, if any, shall specify the office for which he is nominated, and if only one candidate is to be elected to the office named in the petition, it shall be signed by the qualified electors of the City not less in number than five (5) per cent. of the total number of registered voters therein. If more than. one candidate is to be elected to the office named, it shall be signed by not less than two (2) per cent. of the total number of registered voters in the City. Such petitions shall contain a provision that each signer thereto thereby pledges himself to support and vote for the can- didate whose nomination is therein requested, and each elector signing a petition shall add to his signature his place of residence giving street and number, if any, voting precinct, and date of signing. All signatures shall be made with ink or indelible pencil, and no elector shall sign the nominating petition of more than one candidate for the same office. Signers of such petitions shall insert in them the names of five electors as a committee who may fill vacancies caused by death or withdrawal. The signatures of all the petitioners need not be appended to one paper, but to each separate paper there shall be attached an affidavit of the circulator thereof, stating the number of signers thereto, that each person signed in his presence on the date mentioned, that each signature is that of the person it purports to be, and that all other statements therein are true to the best of his knowledge and belief. 18 Each circulator of a nominating petition or paper of a candidate for the Council shall file a copy of the same with the Clerk of Council and before so filing shall attach his affidavit that it is a true copy of such nomination paper, and it shall be the duty of the Clerk of Council to combine and preserve all copies of the nominating papers or petitions of candidates elected to the Council during their respective terms of office. Such petitions shall not be signed by any elector more than sixty days prior to the day of the election and such petitions shall be filed with the Board of Deputy State Supervisors of Elections of Ashtabula County, Ohio, not less than thirty-five days prior to the day of said election. Section 43. Any person whose name has been submitted for candidacy by any such petition shall file his acceptance of such candidacy with the election authorities not later than thirty days previous to such election; otherwise his name shall not appear upon the ballot. Section 44. The ballots used in all municipal elections shall be without party marks or designations. The whole number of ballots to be printed for the election of candidates for any elective office of the City shall be divided by the number of such candi- dates, and the quotient so obtained shall be the number of ballots in each series of ballots to be printed. The names of the candi- dates shall be arranged in alphabetical order and the first series of ballots printed. The first name shall then be placed last and the next series of ballots printed, and this process shall be repeated until each name shall have been first. These ballots shall then be combined into tablets with no two of the same order of names together. The ballots shall in all respects conform as nearly as may be to the ballots prescribed by the general election laws of the State. Section 45. Regular municipal elections shall be held on the first Tuesday after the first Monday in November in the odd numbered years. Any matter which by the terms of this Charter may be submitted to the electors of the city at any special election may be submitted on the day of any primary election or regular election. Section 46-1. Ballots for the election of members of the Council shall be marked according to the following rules and the same shall be printed at the top of each ballot under the head of ‘Directions to’ Voters.” Put the- figure 1° opposite 1 Acceptance. Ballots. Time of Election. — Marking the Ballot, Rules for Counting the Ballots. the name of your first choice for the Council. If you want to express also second, third and other preferences, do so by putting the figure 2 opposite the name of your second choice, the figure 3 opposite the name of your third choice, and so on. You may express thus as many preferences as you please. This ballot will not be counted for your second choice unless it is found that it cannot help your first; it will not be counted for your third choice unless it is found that it cannot help either your first or your second; etc. The more choices you express, the surer you are to make your ballot count for one of the candidates you favor. A ballot is spoiled if the figure 1 is put opposite more than one name. If you spoil this ballot, tear it across once, return it to the election officer in charge of the ballots, and get an- other from him. Section 46-2. Ballots cast for the election of members of the Council shall be counted and the results determined by the election authorities according to the following rules: (a) No ballot shall be declared invalid except one on which the first choice of the voter cannot be clearly ascertained. A ballot marked with a cross opposite one name, but with no other mark, shall be treated exactly as if it had been marked with a figure 1 opposite the same name,.but with no other mark. (b) The ballots shall first be sorted and counted at the several voting precincts according to the first choice of. the voters. The valid ballots so cast for each candidate shall be sorted into two groups, that of valid ballots on which the voter’s second choice is clearly indicated and that of valid ballots on which his second choice is not clearly indicated. Each such group shall be tied up by itself and properly marked on the outside and the two for each candidate shall then be tied up in one bundle which shall also be properly marked on the outside. All the bundles thus made up at a precinct, together with the invalid ballots and a record of all the ballots cast at the precinct, showing the number of invalid ballots, the number of valid ballots, the total number of first choice ballots for each candidate, and the number of ballots in each of the two groups of first choice ballots received by each candidate, shall be forwarded to the Board of Deputy State Supervisors of Elections, as directed by that Board and the counting of the ballots shall proceed under its direction. 20 (c) First choice votes for each candidate shall be added and tabulated as the first count. (d) The whole number of valid ballots shall then be divided by a number greater by one than the number of seats to be filled. The next whole number larger than the quotient thus obtained shall be the quota or constituency. (e) All candidates the number of whose votes on the first count is equal to or greater than the quota shall then be declared elected. (f) All votes obtained by any candidate in excess of the quota shall be termed the surplus of that candidate. (g) The surpluses shall be transferred, successively in order of size from the largest to the smallest. Each ballot of the surplus that is capable of transfer shall be transferred to and added to the votes of continuing candidates, according to the highest available preference on it. (h) “Ballots capable of transfer”. means ballots from which the preference of the voter for some continuing candi- date can be clearly ascertained. “Continuing candidates” means candidates who have not been declared elected or defeated. (i) The particular ballots to be taken for transfer as the surplus of such candidate shall be obtained by taking as nearly. an equal number of ballots as possible from the first choice ballots, capable of transfer, that have been cast for the candi- date in each of the different precincts of the city. All such surplus ballots shall be taken as they may happen to come in the different packages without selection. (j) After the transfer of all surpluses the votes standing to the credit of each candidate shall be counted and tabulated as the second count. (k) After the tabulation of the second count (or after that of the first count if no candidate received a‘surplus on the first) the candidate lowest on the poll as it then stands shall be declared defeated and all his ballots capable of transfer shall be transferred to the continuing candidates, each ballot being transferred to the credit of that continuing candidate preferred by the voter. After the transfer of these ballots a fresh count and tabulation shall be made. In this manner candidates shall be successively declared defeated, and their ballots capable of transfer transferred to continuing candidates, and a fresh count and tabulation made. After any tabulation the candidate to ~ be declared defeated shall be the one then lowest on the poll. a1 (1) Whenever in the transfer of a surplus or of the ballots of a defeated candidate the votes of any candidate shall equal the quota, he shall immediately be declared elected and no further transfer to him shall be made. , (m) When candidates to the number of seats to be filled have been declared elected, all other candidates shall be de- clared defeated and the count shall be at an end; and when the number of continuing candidates shall be reduced to the number of seats to be filled, those candidates shall be declared elected and the count shall be at an end; and in this case the ballots of the last candidate defeated need not be transferred. (n) If at any count two or more candidates at the bottom of the poll have the same number of votes, that candidate shall first be declared defeated who was lowest at the next preced- ing count at which their votes were different. Should it happen that the votes of these candidates are equal to each other on all counts, lots shall be drawn to decide which candidate shall next be declared defeated. (o) In the transfer of the ballots of any candidate who has received ballots by transfer, those ballots shall first be transferred upon which the defeated candidate was first choice. (p) On each tabulation a count shall be kept of those ballots which have not been used in the election of some can- didate and which are not capable of transfer under the designa- tion “Non-transferable ballots.” (q) Every ballot that is transferred from one candidate to another shall be stamped or marked so that its entire course from candidate to candidate throughout the count can be con- veniently traced. In case a ‘recount of the ballotsus made; every ballot shall be made to take in the recount the same course that it took in the first count unless there is discovered ' a mistake that requires its taking a different course, in which case such mistake shall be corrected and any changes made in the course taken by ballots that may be required as a result of such correction. The particular ballots the course of which is to be changed in the recount as a result of such corrections shall be taken as they happen to come, without selection. (r) So tar as may be consistent with good order and | with convenience in the counting and transferring of the bal- lots, the public, representatives of the press, and especially the candidates themselves shall be afforded every facility for being present and witnessing these operations. 22 Section 47. Objections to nominating petitions and papers may be made within the time prescribed, and the same shall be considered by the election authorities, under the gen- eral laws applying to objections to nomination papers in muni- cipalities, and all elections shall be conducted, and the results canvassed and certified, by the election authorities prescribed by general laws, and, except as otherwise provided by this Charter, or by ordinance or resolution of the Council hereafter enacted, the general laws shall control in all such elections. The Recall. Section 48. Any member of the Council, provided for in this Charter, may be removed from office by petition. Section 49. A petition for the recall of a member of the Council shall be signed by at least twenty-five per cent. of the total number of registered voters in the municipality, and no such petition shall be valid unless it contains the signatures of at least seventy-five per cent. of the electors who signed the nomination petition of the member whose recall is requested. The signatures to the petition need not all be appended to one paper, but the signatures of those who signed the nominating petition of the member whose recall is sought shall be upon one paper separate from those containing the other signatures. Section 50. Petition papers shall be procured only from the Clerk of the Council, who shall keep a sufficient number of such blank petitions on file for distribution as herein pro- vided. Prior to the issuance of such petition papers an affidavit shall be made by one or more qualified electors and filed with the Clerk of the Council, stating the name of the member or members of Council whose removal is sought. The Clerk of the Council, upon issuing any such petition papers to .an elector, Shallventer in a record, to be kept in ‘his office, the name of the elector to whom issued, the date of such issuance and the number of papers issued and shall certify on each paper the name of the elector to whom issued and the date of issue. No petition paper shall be accepted as part of the peti- tion unless it is so issued and bears such certificate and unless it be filed as provided herein. Section 51. Each signer of a recall petition shall sign his name in ink or indelible pencil and shall place after his name his place of residence by street and number. To each such petition paper there shall be attached an affidavit of the circu- 23 General Laws to Apply. Application. Procedure. How Procured. Requirements of. Filing. Notice. Miscellaneous Provisions. Offenses Relating to Petitions. lator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper was made in his presence and is the genuine signature of the person whose name it purports to be. Section 52. All papers comprising a recall petition shall be assembled and filed with the Clerk of the Council, as one instrument, within thirty days after the filing with the Clerk of the Council of the affidavit stating the name of the member or members of Council whose removal is sought. Section 53. At the expiration of said period of thirty days the Clerk of the Council shall certify upon such petition whether the signatures thereto amount to at least twenty-five (25) per cent. of the registered voters of the City and include the signatures of seventy-five per cent. of the electors who signed the nominating petition of the member whose removal is asked for. If the petition does contain the necessary signa- tures he shall at once serve notice of the fact upon the Council, and upon the receipt of such notice the member named in the petition shall be deemed removed from office and the vacancy shall be filled as provided in Section 6 of the Charter as herein amended. Section 59. Except as herein otherwise provided, no petition to recall any member of Council shall be filed within six months after he takes office. No person removed by recall shall be eligible to be elected or appointed to the Council for a period of two years after the date of such recall. The Clerk of the Council shall, preserve in his office all papers comprising or connected with a petition for a recall for the period of one year after the filing of the same. The method of removal herein provided is in addition to such other methods as are, or may be, provided by general law. Section 60. No person shall falsely impersonate another, or purposely write his name or residence falsely, in the signing of any petition for nomination, initiative, referendum or recall, or forge any name thereto, or sign any such paper with knowl- edge that he is not a qualified elector of the city. Nor shall any person employ or pay another, or accept employment or pay- ment, for circulating any nomination, initiative, referendum or recall petition upon the basis of the number of signatures pro- cured thereto. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined in any sum not to exceed one hundred dollars and the costs of prosecution. The foregoing 24 | * provisions shall not be held to be exclusive of, but in addition to, all laws of the State prescribing penalties for the same offenses or for other offenses relating to the same matter. Appropriations. Section 61. The fiscal year of the city shall begin on the first day of January. On or before the first day of November of each year the City Manager shall submit to the Council an estimate of the expenditures and revenues of the city depart- ments for the ensuing year. This estimate shall be compiled from detailed information obtained from the several depart- ments on uniform blanks to be furnished by the City Manager. The classification of the estimate of expenditures shall be as nearly uniform as possible for the main functional divisions of all departments, and shall give in parallel columns the fol- lowing information: (a)