Ordinance 65-2011
Presented by:
Director of Law Penny Taylor
PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY VARIOUS
AMENDMENTS TO THE CITY CHARTER AS PROPOSED BY THE CHARTER REVIEW
COMMISSION AND PROVIDING FOR IMMEDIATE ENACTMENT
WHEREAS, a Charter Review Commission was appointed by the Mayor in November, 2010 to consider possible
amendment to the City Charter; and
WHEREAS, the Charter Review Commission has made sixteen recommendations for changes to the Charter; and
WHEREAS, such proposed changes must be considered by Council and placed before the electors at the
November, 2011 General Election; and
WHEREAS, this legislation was adopted in Ordinance 49-2011 but repealed and now readopted to meet the filing
requirements of the Board of Elections.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TALLMADGE, COUNTIES
OF SUMMIT AND PORTAGE, STATE OF OHIO.
SECTION 1. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 3.03 of the Charter be amended to allow Council to authorize individuals other than the
Mayor to award and execute contracts on behalf of the City.
SECTION 2. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 3.04 B. of the Charter be amended to change the manner in which the Permanent Vacancy
of the Mayor is filled by: requiring the President of Council to notify Council in writing within seven
days of the vacancy if he/she will decline the office; providing that general law shall be followed if the
President of Council declines the office; requiring that elections to fill such vacancies be held at
municipal elections; and nominations shall be made as provided by general law except that if there is no
primary election, the appropriate committee to fill a party nomination shall consist of the party precinct
committee members residing in the City.
SECTION 3. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Sections 4.03, 4.04 and 4.05 of the Charter be amended to require that Council shall fill the vacancy
of a Council member within fourteen days; if Council fails to make the appointment, the Mayor shall
make the appointment within fourteen days.
SECTION 4. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 5.04 and Section 7.04 be added to the Charter to provide that a permanent vacancy in the
office of Director of Finance and Director of Law respectively, shall be filled in the manner provided by
general law except that if an election is required to fill the remainder of the term and there is no primary
election, the appropriate committee to fill a party nomination shall consist of the party precinct committee
members residing in the City.
SECTION 5. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Article VI of the Charter be repealed and Section 5.03 of the Charter be amended to reflect the
consolidation of the office of the Director of Finance and the office of Treasurer and the transfer of duties
as previously approved by the electorate on November 5, 2002.
SECTION 6. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 9.01 B. of the Charter be amended to require that the Director of Public Safety have a
minimum of five years’ management experience or supervisory experience and be a graduate of an
accredited college with a minimum of a bachelors degree in a pertinent field.
SECTION 7. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall all references to the Appearance Commission in Articles X and XIII of the Charter be amended to
change the name of that board to the Heritage Commission.
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Ordinance 65-2011 (Continued)
SECTION 8. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Sections 11.01, 12.01, 13.01 and 14.01 of the Charter be amended to provide that members of the
Planning and Zoning Commission, the Board of Zoning Appeals, the Heritage Commission and the Civil
Service Commission shall be appointed for a staggered term of four (4) years and shall be residents of the
City.
SECTION 9. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 13.02 (c) of the Charter be repealed to eliminate the power and duty to review plans for
landscaping and site improvements for industrial and commercial developments outside the Design
Control District and to make recommendations concerning the same to the Planning and Zoning
Commission.
SECTION 10. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 15.01 of the Charter be amended to provide that nominating petitions for all candidates for
municipal positions shall be filed with the Board of Elections at least 90 days prior to the date of the
primary election.
SECTION 11. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 16.03 B. of the Charter be amended to provide that Council may, by ordinance, authorize
the advertisement, bid and award of a single, aggregate contract to one general contractor for an entire
public improvement project without entering into contracts for each separate trade or branch or class of
work to be performed.
SECTION 12. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 16.03 C. of the Charter be amended to provide that all contracts in excess of the amount
provided under general law must have the approval of the Board of Control prior to being awarded by any
elected or appointed official of the City.
SECTION 13. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 17.02 of the Charter be amended to provide that each individual circulating a recall petition
shall be an elector of the City or the single ward, as appropriate.
SECTION 14. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 18.01 of the Charter be amended to provide that a Charter Review Commission shall be
appointed by the Mayor with approval of City Council in November, 2020.
SECTION 15. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 19.03 of the Charter be amended to provide “All existing Boards and Commissions other
than those that are newly created by this Charter shall continue pursuant to the ordinances and resolutions
creating them until such time as they shall be revised. All present members of Boards and Commissions
will remain in their present positions until the Mayor either reappoints or removes them.”
SECTION 16. That the following issue shall be submitted to the electors of the City at the November 8, 2011
General Election:
Shall Section 19.10 of the Charter be amended to repeal “At the general election in 1996, the Council
shall submit an amendment to this Charter to the electorate of Tallmadge to provide for the non-partisan
nomination and election of the elected municipal officials of the City.”
SECTION 17. That all other provisions of the Charter shall remain unchanged.
SECTION 18. That the Clerk of Council is hereby directed to deliver a certified copy of this Ordinance to both the
Summit County Board of Elections and to the Portage County Board of Elections.
SECTION 19. 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 on or after November 28, 1975 that resulted in such formal action, were in
meetings open to the public in compliance with all legal requirements including Section 121.22 of the Ohio
Revised Code.
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Ordinance 65-2011 (Continued)
SECTION 20. That this ordinance is necessary to provide for and to accomplish the purposes herein set forth,
which are conducive to the health, safety, and welfare of the citizens of Tallmadge. For that reason, provided this
ordinance shall receive the affirmative vote of three-fourths of the members of Council and approval by the
Mayor, it shall be enacted immediately and shall be of immediate effect.
Passed:
_____________________________________
Susan E. Burton, Clerk of Council
PKT/kl
06/21/11
Filed with the Mayor____________________
_______________________________________
Linda S. Poinar, President of Council
Approved:
_______________________________________
David G. Kline, Mayor
This _________ day of _________________, 2011
Committee Assignment: ____________________________
Readings: lst _______________________ 2d __________________________ 3d _________________________
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