ordinance
EMERGENCY
f \fl jflflfl
JBM
2015
TO SUBMIT to the electors of the City of Cincinnati an amendment to the Charter of the City of Cincinnati providing authority in the Charter for Council to initiate the removal of a City Manager, providing for the Mayor to have a vote on the question of the removal of a City Manager if removal is initiated by Council. and clarifying the procedural process for removing a City Manager from office by amending the first sentence of the first paragraph and the third paragraph of Article III, Mayor.” Section 2 of the City Charter. WHEREAS. the Charter Review Task Force, an independent body created by the unanimous vote of City Council to investigate and recommend improvements to the Charter of the City of Cincinnati has made recommendations for amendments to the City Charter, including two separate and distinct proposed amendments to Article III, “Mayor,” Section 2 of the Charter, both of which may be independently approved or disapproved by the electorate, and one of which would provide authority for Council to initiate the removal of a City Manager, further provide for the Mayor to have a vote on the question of the removal of a City Manager if removal is initiated by Council, and clarify the procedural process for removing a City Manager from office; and WHEREAS, Council finds that such proposed amendments to the City Charter have merit and should be put forward for consideration by the citizens of Cincinnati at the next regular municipal election to be held on November 3, 2015, and if approved by the voters, such amendments shall be incorporated within the Charter of the City of Cincinnati; and WHEREAS, in order to avoid a conflict in the event that both Charter amendments affecting Article III, “Mayor,” Section 2 are approved by the electorate, this ordinance addresses only the desire of the members of Council to allow the electors of the City of Cincinnati to decide whether to amend the first sentence of the first paragraph of Article III, “Mayor,” Section 2 of the Charter and the third paragraph of Article III, “Mayor,” Section 2 of the Charter to provide authority for Council to initiate the removal of the City Manager. to provide for the Mayor to have a vote on the question of the removal of the City Manager if removal is initiated by Council, and to clarify the procedural process for removal: and WHEREAS, the first sentence of the first paragraph of Article IlL “Mayor,” Section 2 of the Charter of Cincinnati currently reads as follows: The mayor shall preside over all meetings of the council but shall not have a vote on the council; and WHEREAS, the third paragraph of Article 111, “Mayor,” Section 2 of the Charter of Cincinnati currently reads as follows:
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The mayor shall appoint the city manager upon an affirmative vote of five members of the council following the mayor’s recommendation for appointment. Prior to the vote, the mayor shall seek the advice of council, to include the opportunity for council to interview the candidates considered by the mayor. Should the council not approve the recommendation of the mayor, the mayor may submit another recommendation or institute a new search. The mayor, with the advice of council, shall have the authority to initiate and recommend to the council the removal of the city manager, provided that such removal shall require an affirmative vote of five members of the council. A temporary appointment to the position of city manager that may be required by reason of a vacancy in the office shall be submitted by the mayor to the council for its approval prior to the appointment: now, therefore. BE IT ORDAINED by the Council of the City of Cincinnati, State of Ohio, two-thirds of the members elected thereto concurring: Section 1. That there shall be submitted to the vote of the qualified electors of the City of Cincinnati for their approval or disapproval at the general election to be held November 3. 2015, an amendment to the Charter of the City of Cincinnati, amending the first sentence of the first paragraph and the third paragraph of Article III, “Mayor,” Section 2 thereof to read as follows: Article III. MAYOR Section 2. The mayor shall preside over all meetings of the council but shall not have a vote on the council except on the question of removal of the city manager as provided in this section. [Remainder of the paragraph omitted.] [Second paragraph omitted.] The mayor shall appoint the city manager upon an affirmative vote of five members of the council following the mayor’s recommendation for appointment. Prior to the vote, the mayor shall seek the advice of council, to include the opportunity for all members of council to interview the candidates considered by the mayor. Should the council not approve the recommendation of the mayor, the mayor may submit another recommendation or institute a new search. The mayor, with the advice of council, shall have the authority to initiate and recommend to the council the removal of the city
manager, provided that such removal shall require an affirmative vote of five members of the council. Council shall also have the authority to initiate the removal of the çjy manager. Any member of council may propose the removal of the manager at any regularly scheduled or special meeting of council. Upon the affirmative vote of five members, the question of removal will be placed on the council calendar for subsequent consideration. Removal initiated by council shall require either an affirmative vote of six members of council or affirmative votes of five members of council in addition to an affirmative vote cast by the mayor. The procedural process for removing the _cjjy manager, whether initiated by the mayor or council, shall be established by ordinance. A temporary appointment to the position of city manager that may be required by reason of a vacancy in the office shall be submitted by the mayor to the council for its approval prior to the appointment. [Remaining paragraphs of section omitted.] Section 2. That the fonri of the submission of the proposed amendment to the electors shall be substantially as follows: CHARTER AMENDMENT
A majority vote is necessary for passage
YES
NO
Shall the Charter of the City of Cincinnati be amended to provide that Council has the authority to place the question of removal of the City Manager on the Council calendar for consideration upon the affirmative vote of 5 members of Council, to provide that removal of the City Manager so initiated by Council requires either the affirmative vote of 6 members of Council or the affirmative vote of 5 members of Council and the affirmative vote of the Mayor, and to clarify the procedural process for removal of a City Manager from office by amending the first sentence of the first paragraph and the third paragraph of Article III. “Mayor,” Section 2 of the Cincinnati Charter?
Section 3. That the Clerk of Council shall give notice of the proposed Charter Amendment in the manner provided by Sections 8 and 9 of Article XVIII of the Ohio Constitution and Section 73 1.211 (B) of the Ohio Revised Code.
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Section 4. That the Clerk of Council is directed to certify and transmit to the Board of Elections of Hamilton County, Ohio, a copy of this ordinance and direct the said Board to submit the proposed Charter amendment to the electors of the City of Cincinnati as provided by law. Section 5. That the Board of Elections of Hamilton County. Ohio, shall certify to the Council the result of the vote upon said amendment, and if said amendment is approved by a majority of the electors voting thereon, amended first sentence of the first paragraph of Article III, “Mayor,” Section 2 shall become a part of the Charter of the City of Cincinnati in place of such existing sentence thereof, which shall be repealed, and amended third paragraph of Article III. “Mayor,” Section 2 shall become a part of the Charter of the City of Cincinnati in place of such existing paragraph thereof, which also shall be repealed. Upon approval by a majority of the electorate voting in the November 3, 2015 election, this change shall take effect immediately following the general election to be held in November 2017. Section 6.
That this ordinance shall be an emergency measure necessary for the
preservation of the public peace, health, safety and general welfare and shall, subject to the terms of Article II, Section 6 of the Charter, go into effect forthwith. The reason for the emergency is the immediate necessity to authorize the Clerk of Council to certify and transmit this ordinance to the Board of Elections at least sixty days prior to the November 3, 2015 general election.
Passed:
2015
Mayor Attest:______________________________________________ Clerk
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f \fl jflflfl
JBM
2015
TO SUBMIT to the electors of the City of Cincinnati an amendment to the Charter of the City of Cincinnati providing authority in the Charter for Council to initiate the removal of a City Manager, providing for the Mayor to have a vote on the question of the removal of a City Manager if removal is initiated by Council. and clarifying the procedural process for removing a City Manager from office by amending the first sentence of the first paragraph and the third paragraph of Article III, Mayor.” Section 2 of the City Charter. WHEREAS. the Charter Review Task Force, an independent body created by the unanimous vote of City Council to investigate and recommend improvements to the Charter of the City of Cincinnati has made recommendations for amendments to the City Charter, including two separate and distinct proposed amendments to Article III, “Mayor,” Section 2 of the Charter, both of which may be independently approved or disapproved by the electorate, and one of which would provide authority for Council to initiate the removal of a City Manager, further provide for the Mayor to have a vote on the question of the removal of a City Manager if removal is initiated by Council, and clarify the procedural process for removing a City Manager from office; and WHEREAS, Council finds that such proposed amendments to the City Charter have merit and should be put forward for consideration by the citizens of Cincinnati at the next regular municipal election to be held on November 3, 2015, and if approved by the voters, such amendments shall be incorporated within the Charter of the City of Cincinnati; and WHEREAS, in order to avoid a conflict in the event that both Charter amendments affecting Article III, “Mayor,” Section 2 are approved by the electorate, this ordinance addresses only the desire of the members of Council to allow the electors of the City of Cincinnati to decide whether to amend the first sentence of the first paragraph of Article III, “Mayor,” Section 2 of the Charter and the third paragraph of Article III, “Mayor,” Section 2 of the Charter to provide authority for Council to initiate the removal of the City Manager. to provide for the Mayor to have a vote on the question of the removal of the City Manager if removal is initiated by Council, and to clarify the procedural process for removal: and WHEREAS, the first sentence of the first paragraph of Article IlL “Mayor,” Section 2 of the Charter of Cincinnati currently reads as follows: The mayor shall preside over all meetings of the council but shall not have a vote on the council; and WHEREAS, the third paragraph of Article 111, “Mayor,” Section 2 of the Charter of Cincinnati currently reads as follows:
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The mayor shall appoint the city manager upon an affirmative vote of five members of the council following the mayor’s recommendation for appointment. Prior to the vote, the mayor shall seek the advice of council, to include the opportunity for council to interview the candidates considered by the mayor. Should the council not approve the recommendation of the mayor, the mayor may submit another recommendation or institute a new search. The mayor, with the advice of council, shall have the authority to initiate and recommend to the council the removal of the city manager, provided that such removal shall require an affirmative vote of five members of the council. A temporary appointment to the position of city manager that may be required by reason of a vacancy in the office shall be submitted by the mayor to the council for its approval prior to the appointment: now, therefore. BE IT ORDAINED by the Council of the City of Cincinnati, State of Ohio, two-thirds of the members elected thereto concurring: Section 1. That there shall be submitted to the vote of the qualified electors of the City of Cincinnati for their approval or disapproval at the general election to be held November 3. 2015, an amendment to the Charter of the City of Cincinnati, amending the first sentence of the first paragraph and the third paragraph of Article III, “Mayor,” Section 2 thereof to read as follows: Article III. MAYOR Section 2. The mayor shall preside over all meetings of the council but shall not have a vote on the council except on the question of removal of the city manager as provided in this section. [Remainder of the paragraph omitted.] [Second paragraph omitted.] The mayor shall appoint the city manager upon an affirmative vote of five members of the council following the mayor’s recommendation for appointment. Prior to the vote, the mayor shall seek the advice of council, to include the opportunity for all members of council to interview the candidates considered by the mayor. Should the council not approve the recommendation of the mayor, the mayor may submit another recommendation or institute a new search. The mayor, with the advice of council, shall have the authority to initiate and recommend to the council the removal of the city
manager, provided that such removal shall require an affirmative vote of five members of the council. Council shall also have the authority to initiate the removal of the çjy manager. Any member of council may propose the removal of the manager at any regularly scheduled or special meeting of council. Upon the affirmative vote of five members, the question of removal will be placed on the council calendar for subsequent consideration. Removal initiated by council shall require either an affirmative vote of six members of council or affirmative votes of five members of council in addition to an affirmative vote cast by the mayor. The procedural process for removing the _cjjy manager, whether initiated by the mayor or council, shall be established by ordinance. A temporary appointment to the position of city manager that may be required by reason of a vacancy in the office shall be submitted by the mayor to the council for its approval prior to the appointment. [Remaining paragraphs of section omitted.] Section 2. That the fonri of the submission of the proposed amendment to the electors shall be substantially as follows: CHARTER AMENDMENT
A majority vote is necessary for passage
YES
NO
Shall the Charter of the City of Cincinnati be amended to provide that Council has the authority to place the question of removal of the City Manager on the Council calendar for consideration upon the affirmative vote of 5 members of Council, to provide that removal of the City Manager so initiated by Council requires either the affirmative vote of 6 members of Council or the affirmative vote of 5 members of Council and the affirmative vote of the Mayor, and to clarify the procedural process for removal of a City Manager from office by amending the first sentence of the first paragraph and the third paragraph of Article III. “Mayor,” Section 2 of the Cincinnati Charter?
Section 3. That the Clerk of Council shall give notice of the proposed Charter Amendment in the manner provided by Sections 8 and 9 of Article XVIII of the Ohio Constitution and Section 73 1.211 (B) of the Ohio Revised Code.
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Section 4. That the Clerk of Council is directed to certify and transmit to the Board of Elections of Hamilton County, Ohio, a copy of this ordinance and direct the said Board to submit the proposed Charter amendment to the electors of the City of Cincinnati as provided by law. Section 5. That the Board of Elections of Hamilton County. Ohio, shall certify to the Council the result of the vote upon said amendment, and if said amendment is approved by a majority of the electors voting thereon, amended first sentence of the first paragraph of Article III, “Mayor,” Section 2 shall become a part of the Charter of the City of Cincinnati in place of such existing sentence thereof, which shall be repealed, and amended third paragraph of Article III. “Mayor,” Section 2 shall become a part of the Charter of the City of Cincinnati in place of such existing paragraph thereof, which also shall be repealed. Upon approval by a majority of the electorate voting in the November 3, 2015 election, this change shall take effect immediately following the general election to be held in November 2017. Section 6.
That this ordinance shall be an emergency measure necessary for the
preservation of the public peace, health, safety and general welfare and shall, subject to the terms of Article II, Section 6 of the Charter, go into effect forthwith. The reason for the emergency is the immediate necessity to authorize the Clerk of Council to certify and transmit this ordinance to the Board of Elections at least sixty days prior to the November 3, 2015 general election.
Passed:
2015
Mayor Attest:______________________________________________ Clerk
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