Editor's note:

Section

Article I. Name and Boundaries; Form of Government

1. Name and Boundaries
2. Form of Government

1. Powers of the Municipality
2. Manner of Exercise of Powers

2.03 Construction of Powers

2.04 Intergovernmental Relations

3.01 Mayor

3.02 Council: Number Selection, and Term

3.03 Member of Council Qualifications

3.04 Prohibitions

3.05 Vacancies, Forfeiture of Office and Filling of Vacancies

3.06 Beginning of Term of Office

3.07 Organization and Meetings

3.08 Special Council Meetings and Emergency Meetings

3.09 Powers of Council

3.10 Salary of Elected Officials

3.11 Clerk of Council

3.12 Mayors Court and Clerk of Court

3.13 Mayor's Court Magistrate

3.14 Duties of the Clerk of Court

Section

4.01 Action to be Taken by Ordinance or Resolution

4.02 Introduction of Ordinances and Resolutions

4.03 Style of Ordinances and Resolutions

4.04 Subject of Ordinances and Resolutions

4.05 Reading of Ordinances and Resolutions

4.06 Vote Required for Passage of Ordinances and Resolutions

4.07 Content of Emergency Ordinances and Resolutions

4.08 Effective Date of Ordinances and Resolutions

4.09 Authentication of Ordinances and Resolutions

4.10 Recording of Ordinances and Resolutions

4.11 Amendment of Ordinances and Resolutions

4.12 Referral of Zoning Ordinances to Planning Commission

4.13 Public Hearing on Zoning Ordinance or Resolution

4.14 Adoption of Technical Codes by Reference

4.15 Review and Codification of Ordinances and Resolutions

4.16 Posting and Publication of Ordinances and Resolutions

5.01 Appointment, Qualifications and Compensation

5.02 Removal

5.03 Acting Manager

5.04 Powers and Duties of the Manager

6.01 Creation of Departments

6.02 Department of Law — Law Director

6.03 Powers and Duties of the Law Director

6.04 Department of Finance — Finance Director

6.05 Powers and Duties of the Finance Director

6.06 Department of Planning

6.07 Department of Service

6.08 Department of Safety

6.09 Department of Inspection and Engineering

6.10 Department of Parks and Recreation

6.11 Heads of Other Departments and Divisions

Section

7.01 Qualifications and Appointment of Boards and Commissions

7.02 Vacancies and Forfeiture of Office

7.03 Planning Commission — Membership

7.04 Planning Commission — Powers and Duties

7.05 Board of Zoning and Building Appeals — Membership

7.06 Board of Zoning and Building Appeals — Powers and Duties

7.07 Housing Board of Appeals — Membership

7.08 Housing Board of Appeals — Powers and Duties

7.0907 Parks and Recreation Board — Membership

7.1008 Parks and Recreation Board — Powers and Duties

7.1109 Historical Preservation Board — Membership

7.1210 Historical Preservation Board — Powers and Duties

7.1311 Removal of Members

7.1412 Other Boards and Commissions

7.1315 Organization and Maintenance of Records

8.01 Nominations

8.02 Regular Municipal Elections

8.03 Special Elections

8.04 Conduct of Elections

9.01 Initiative

9.02 Referendum

9.03 Referral of Ordinance or Resolution to the Electors by Council

9.04 Recall

10.01 General

10.02 Limitation on Tax Rate

10.03 Limitation of Debt

11.01 Succession

11.02 Effect of Charter on Existing Laws and Rights

11.03 Amendments to Charter — Procedure

11.04 Charter Review Commission

11.05 Effect of Partial Invalidity

11.06 Conflict of Interest

11.07 Utilities

12.01 Effective Date of Charter

12.02 Appointment of a Manager

12.03 Continuance of Present Officials — Abolishment of Offices

12.04 Continuance of Present Employees

12.05 Continuation of Village Clerk/Treasurer

12.06 Compensation of Council Members

12.07 Compensation of Mayor

We the people of Waynesville, Warren County, Ohio, desirous of securing for our municipality and for ourselves and our children the advantages of self-government conferred by the home rule provisions of the Ohio Constitution, do hereby ordain and establish the following Charter:

The municipal corporation existing as the Village of Waynesville under the general statutes of the State of Ohio shall continue to be politic and corporate under the same name under this Charter. The Municipality shall have the same boundaries that exist on the effective date of this Charter, with power and authority to change its boundaries and annex territory in the manner authorized by the laws of Ohio. When the Municipality shall attain the status of a city, under the Constitution and laws of Ohio, it shall be known as the "City of Waynesville." As used in this Charter, "municipality" shall mean the municipal corporation of Waynesville.

The form of government provided in this Charter shall be known as the "Council-Manager Plan." The powers and functions of the municipal government shall be distributed among the Municipality, its citizens, and the various officers, bodies, boards and commissions as provided in this Charter.

The Municipality shall have all powers of local self-government and home rule now or hereafter granted to municipalities by the laws of the State of Ohio. All such powers shall be exercised in the manner prescribed in this Charter in such lawful manner as the Council shall determine by ordinance or resolution. When not prescribed in this Charter or enacted by Council, such powers shall be exercised in the manner as may now or hereafter be authorized by the laws of the State of Ohio.

All such powers shall be exercised in the manner prescribed in this Charter, or if not prescribed herein, in such manner as shall be provided by ordinance or resolution of the Council.

The powers of the Municipality under this Charter shall be construed liberally in favor of the Municipality, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power stated in this article.

The Municipality may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more political subdivisions, states or civil divisions or agencies thereof, or the United States or any agency thereof.

(A) The Mayor shall be elected, at large, by separate non-partisan ballot for a four year term. Candidates for the office of Mayor shall have resided in the Municipality for at least two one years prior to assuming office. The Mayor, when elected and throughout the term of office, shall be and must remain a resident and a qualified elector of the Municipality.The Mayor shall be a member of Council and have the right to vote on all matters before the Council, but shall have no veto power. In addition to the powers, rights, and duties as a member of Council, the Mayor shall serve as President of Council and shall preside at all meetings of the Council. The Mayor shall be the head of the municipal government for all ceremonial and non-administrative purposes and shall be chief spokesperson for the Municipality in dealing with other governments. The Mayor shall have judicial powers as provided by the general laws of Ohio and shall perform such other duties as may be prescribed, from time to time, by ordinance of the Council.

(B) During its organizational meeting the Council shall choose, by an affirmative vote of at least four members of Council, one of its members as President pro tempore who shall act as Mayor during the temporary absence or disability of the Mayor.

(C) In case of the death, resignation, or removal of the Mayor, the President pro tempore shall hold the office of Mayor until a qualified successor is elected. Such successor shall be elected to the office of Mayor for the unexpired term at the first regular general next Municipal election that occurs more than ninety days after the vacancy in the office of Mayor has occurred, except that when the unexpired term ends within one year immediately following the date of such election, an election to fill such unexpired term shall not be held and the President pro tempore shall hold the office of Mayor for the remainder of such unexpired term. Upon the election of a person as Mayor other than the President pro tempore then serving as Mayor, the President pro tempore shall remain a member of Council for the remainder of his/her term.

(D) In the event of a vacancy in the office of Mayor whereby the President pro tempore is required to serve as Mayor, the Council shall select a person to fill the vacancy on Council. However, nothing herein shall prevent the President pro tempore from serving the full term for which elected.

Except as reserved to the people by this Charter, the legislative powers of the municipal government shall be vested in a Council of seven members including the Mayor. Members of Council, other than the Mayor, shall be elected at large by non-partisan ballot for four year overlapping terms.

Candidates for the office of Member of Council shall have resided in the Municipality for at least two one year s prior to assuming office. Each Member of Council when elected and throughout the term of office shall be and must remain a resident and a qualified elector of the Municipality.

(A) Holding Other Offices. Except where authorized by this Charter, the Mayor or any other Council member shall hold no other municipal office nor be a municipal employee of Waynesville during the term elected to Council.

(B) Administrative Service Appointments and Removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any municipal officer or employee whom the Manager or any of his/her subordinates are empowered to appoint or remove by this Charter or by ordinance. Except as otherwise provided in this Charter, neither the Council nor its members shall give any orders to any such official or employee, publicly or privately. The Council shall express and discuss its views of municipal personnel matters with the Manager.

(2) intentionally violates any express prohibition of this Charter;

The term of Members of Council and other elected officials shall commence on the first day of January following their election.

(C) Exceptions to the open meeting requirement are:

1. to review specialized details of security arrangements where disclosure of matters discussed might reveal information that could be used for the purpose of committing or avoiding prosecution for a violation of the law.

All legislative power of the Municipality shall be vested in the Council, except as otherwise provided by this Charter and the Constitution of the State of Ohio. Without limitation of the foregoing, the Council shall have and possess the following powers:

The members of Council shall be compensated for each regular meeting attended. The Mayor shall receive an annual salary. The Council may change the salaries of members of Council and the Mayor by ordinance adopted by an affirmative vote of at least five members of Council. Any ordinance changing the salary of members of Council or the Mayor shall be adopted at least ninety days prior to the next ensuing election at which the members of Council are to be elected, and shall be effective on the first day of January following such election for newly elected Council members only. The compensation of all other officers and employees of the Municipality may be increased or decreased at any time by ordinance.

Council, by an affirmative vote of at least five members, shall appoint a qualified person to be Clerk of Council who shall serve at the pleasure of Council. The Clerk shall be chosen from outside the membership of the Council but may hold other positions within the Municipality. The Clerk shall give notice of Council meetings, advertise public hearings, record in journals all ordinances and resolutions approved by the Council, and see that such enactments are published as required by this Charter. The Clerk shall also perform such other duties as may be assigned by this Charter, or by ordinance or resolution of the Council. The Clerk may be appointed to serve full or part time and shall receive a salary as established by ordinance for services rendered. The Clerk may be removed by an affirmative vote of at least five members of Council.

(B) The Mayor's Court shall have all powers conferred by the Ohio Revised Code.

(C) All cases in the Mayor's Court shall be referred to the Mayor's Court Magistrate.

The Clerk of Court shall attend all Mayor's Court proceedings and maintain a ledger of all offenses and violations within the Municipality. The Clerk shall account for all monies received from bonds, fines, or cases. The Clerk shall dispense all monies to the proper governmental agencies with the proper paperwork. The Clerk should be bonded.

Action of Council shall be by ordinance, resolution, or motion. Every action of a general and permanent nature; or granting a franchise; or levying a tax; or appropriating money; or contracting an indebtedness, to be evidenced by the issuance of bonds or notes; or for the purchase, lease or transfer of public property; or establishing an offense and fixing the penalty therefor shall be taken by ordinance or resolution in the manner hereinafter provided. All other action may be by motion.

Any member of Council may, at a regular or special meeting, introduce any ordinance or resolution.

Each ordinance and resolution shall begin with a title that contains a complete summary of the actions being taken in the ordinance or resolution. Each ordinance shall contain an enacting clause as follows: "Be It Ordained by the Council of the Municipality of Waynesville, State of Ohio;" and each resolution shall contain an enacting clause as follows: "Be It Resolved by the Council of the Municipality of Waynesville, State of Ohio."

Each ordinance or resolution shall contain only one subject which shall be expressed in its title, provided however, that appropriation ordinances may contain the various subjects, account, and amounts for which moneys are appropriated, and the ordinances and resolutions which are codified or recodified are not subject to the limitation of containing one subject.

Each ordinance or resolution shall be read fully and distinctly read by title on two separate days with the second reading of any such ordinance or resolution being no earlier than the next regularly scheduled Council meeting. Copies of the ordinance or resolution before Council for each reading shall be made available to the public at the Council meeting and shall be posted in the Council Room.

Each emergency ordinance or resolution shall determine that said ordinance or resolution is necessary for the immediate preservation of the public peace, health, safety, or welfare, and shall contain a statement of the necessity for such emergency. No ordinance or resolution pertaining to the following matters may be adopted as an emergency measure: zoning classifications, districts or regulations; regulations governing the platting and subdivision of land; the levying of a tax or the incurring of a debt to be evidenced by bonds or notes, unless such tax or debt shall be necessary to provide or replace municipal facilities, equipment or buildings and the need for such facilities, equipment or buildings arises out of a public crisis or need; or the changing of salaries of members of Council or the Mayor.

Each ordinance or resolution providing for the appropriation of money, annual tax levy for current expenses, improvements petitioned for by the owners of the requisite majority of the front footage or of the area of the property benefited and to be especially assessed therefore, submission of any question to the electorate of the determination to proceed with an election, providing for the approval of a revision, codification, recodification, rearrangement of ordinances and resolutions, or publication thereof in book form, and any emergency ordinance or resolution shall take effect, unless a later time be specified therein, immediately upon its passage. No other ordinance or resolution shall go into effect until thirty days following its passage by the Council.

Each ordinance or resolution shall be authenticated by the signature of the Mayor and the Clerk of Council; however, the failure or refusal of such officers to sign such ordinances or resolutions shall not invalidate an otherwise properly enacted ordinance or resolution.

Each ordinance or resolution shall be recorded in a journal, or other record prescribed by the Council, established and maintained for that purpose. The Clerk of Council or a duly authorized deputy to said Clerk, shall, upon the request of any person and upon the payment of a fee, as established by the Council, certify true copies of any ordinance or resolution.

1. Affirmative votes of at least four members of Council shall be required to adopt an ordinance concurring with the recommendation of the Planning Commissions as per section 4.06 of the Charter.
2. Affirmative votes of at least five members of Council shall be required to adopt an ordinance that modifies the recommendation of the Planning Commission.

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Council may, by ordinance or resolution, adopt standard ordinances and codes prepared by the State or any department, board or other agency or political subdivision of the State, or any standard or model ordinance or code prepared and promulgated by a public or private organization, including but not limited to codes and regulations pertaining to fire, fire hazards, fire prevention, plumbing code, electrical code, building code, refrigeration machinery code, piping code, boiler code, heating code, air conditioning code, housing code, and such other matters as the Council may determine to be appropriate for adoption by reference, or incorporation by reference. The ordinance adopting any such standard ordinance or code shall make reference to the date and source of such standard ordinance or code without reproducing the same at length in the ordinance. In such cases, publication of the standard ordinance or code shall not be required, but at least one copy of such code shall be kept at all times in the office of the Clerk of Council and available for reference by interested persons and copies of such standard ordinance or code may be available for sale by said Clerk. If the standard ordinance or code, after its adoption by reference by the Council, is amended, the Council may adopt the amendment or change by incorporation by reference in an ordinance under the same procedure as is established herein for the adoption of the original standard ordinance or code without the necessity of setting forth in full in the ordinance the provisions either of the amendment or change to the original ordinance or the standard ordinance or code.

(B) Compensation will be set by ordinance by the Council.

The Manager may be removed, with or without cause, by Council. During a regularly scheduled meeting the Council, by a motion approved by at least five members, shall direct the Clerk of Council to place the subject of the Manager's removal on the agenda of the next regularly scheduled meeting. At that meeting, the Manager may be removed by an affirmative vote of at least five members of Council. The Manager shall be given at least ten days notice prior to such meeting, that the question of his removal will be on the agenda. During the intervening period, the Manager may be suspended with or without pay. The action of the Council in suspending or removing the Manager shall not be subject to review by any Court or agency.

The Manager shall be the chief executive, administrative, and law enforcement officer of the Municipality and shall be responsible to the Council for the administration of all municipal affairs designated by or assigned under this Charter, the ordinances and resolutions of the Municipality and State laws. The Manager shall have the following powers and duties:

(2) Contents. The capital program shall include the following:

(a) A clear, general summary of its contents.

For the purpose of carrying on the administrative functions of the Municipality, the following departments are hereby established: Department of Law, Department of Finance, Department of Planning, Department of Service, Department of Inspection and Engineering, Department of Parks and Recreation, and Department of Safety. The work of the departments of the Municipality shall be distributed among such divisions and bureaus as provided in this Charter and as provided by ordinance. The Council may create new departments, divisions, and bureaus and combine, change or abolish any departments, divisions, or bureaus in the manner and subject to the limitations as provided in Section 3.09(F) of this Charter. Subject to the provisions of this Charter, the Council shall provide by ordinance for the organization of the departments and divisions of the Municipality, and define the powers and functions of each organizational unit.

The Law Director shall be the head of the Department of Law. The Law Director shall be appointed by the Council, by ordinance adopted by the affirmative vote of at least five members of Council, upon such terms as the ordinance provides, he/she shall serve at the pleasure of the Council and may be removed at any time with or without cause by an affirmative vote of at least five members of Council. The Director of Law shall be licensed and practicing law in the State of Ohio.

The Manager shall serve as the head of the Department of Planning. The Planning Director should meet with and assist the Planning Commission in conducting studies and surveys; preparing plans, reports, and maps; and other duties as necessary to help in the growth, development, redevelopment, rehabilitation, and renewal of the Municipality. The Planning Director should meet with and assist the Zoning, Building, and Housing Appeals Boards in the execution of their duties. The Planning Director shall have those additional powers, duties and functions as provided by the Council by ordinance. In the event that the Council creates the separate position of Planning Director, the position will be filled through appointment by the Manager. The Director shall report and be responsible to the Manager.

The Manager shall serve as the head of the Department of Service. The Service Director shall have the supervision and control over all municipal utilities, streets, services, lands and buildings, except as otherwise provided in this Charter, and shall have those additional powers, duties and functions as provided by the Council by ordinance. In the event that the Council creates the separate position of Service Director, the position will be filled through appointment by the Manager. The Director shall report and be responsible to the Manager.

The Manager shall serve as the head of the Department of Safety. The Safety Director shall have the supervision and control over the functions of the police, the reserve police and auxiliary police and will be responsible to coordinate with other law enforcement and fire protection agencies as authorized by Council. The functions of the Department of Safety may be provided by the creation of separate or combined divisions or by contract with any other unit of government or with private firms, persons, corporations or associations, as determined by Council by ordinance. The Safety Director shall have those additional powers, duties and functions as provided by Council by ordinance. The Department of Safety may upon authorization of Council, include fire and law enforcement protection with voluntary or full-time personnel. In the event that the Council creates the separate position of Safety Director, the position will be filled through appointment by the Manager. The Safety Director shall report and be responsible to the Manager.

The Manager shall serve as the head of the Department of Inspection and Engineering. The head of the Director of Inspection and Engineering shall have the supervision and control over all inspection and engineering services of the Municipality, including but not limited to the following: building code inspections, housing code inspection, and the administration and enforcement of all ordinances, rules and regulations pertaining to zoning and the subdivision of land. The inspection and engineering work may be performed wholly or partially by employees or agents of the Municipality or by contracts with persons, firms, or corporations. The Director of Inspection and Engineering shall meet with and provide assistance and information to the Planning Commission and Zoning, Housing and Building Appeals Boards. The head of the Department of Inspection and Engineering shall have those additional powers, duties and functions as provided by the Council by ordinance. In the event that the Council creates the separate position of Director of Inspection and Engineering, the position will be filled through appointment by the Manager. The Director shall report and be responsible to the Manager.

The Manager shall serve as the head of the Department of Parks and Recreation. The Director of Parks and Recreation shall have the supervision and control over all municipal parks and recreation lands, equipment, facilities and programs. The Director of Parks and Recreation shall meet with and provide such assistance and information to the Parks and Recreation Board as it may request. The Director of Parks and Recreation shall have those additional powers, duties and functions as provided by the Council by ordinance. In the event that the Council creates the separate position of Director of Parks and Recreation, the position will be filled through appointment by the Manager. The Director shall report and be responsible to the Manager.

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(2) Applications shall be in writing by anyone interested.

(2) intentionally violates any express prohibition of this Charter;

(3) is convicted of a crime involving moral turpitude or malfeasance or a felony;

There shall be a Planning Commission consisting of seven members appointed by Council: two of whom shall be members of Council appointed for a term of one year, and five citizen members who shall serve four year overlapping terms of office. The five citizen M members of the Planning Commission shall hold no other municipal office or board membership.

The Planning Commission shall conduct studies and surveys and prepare plans, reports and maps relative to the overall planning of the growth, development, redevelopment, rehabilitation, and the renewal of the Municipality, and may make such recommendations relative thereto to the Council as it feels are in the best interests of the Municipality. The Planning Commission shall continuously review and report to the Council its recommendations concerning the Municipality's capital improvement programs, subdivisions, platting and zoning ordinances and regulations. The Planning Commission shall cooperate with other governments or private planning agencies to secure the maximum benefit to the Municipality. Other powers and duties of the Planning Commission shall include those established by this Charter and by the Council by ordinance or resolution but until such ordinances or resolutions are passed, it shall possess such other powers and duties as are provided by the general laws of Ohio, to the extent that such general laws do not conflict with the provisions of this Charter.

(B) Members of the Housing Board of Appeals may not hold any other municipal office.

There shall be a Board of Parks and Recreation consisting of seven members: six of whom are appointed by Council, two of whom shall be members of Council appointed for a term of one year, and four citizen members as well as one member appointed by the Board of Education to serve four year overlapping terms of office.

The Parks and Recreation Board shall act in an advisory capacity only. The Board shall make such recommendations and reports to the Manager, Council, Planning Commission, Director of Parks and Recreation, and other officers, departments, divisions, and boards and commissions as it deems advisable regarding the acquisition, development, maintenance and operation of parks, playgrounds and recreational facilities and programs of the Municipality. The Board may cooperate with organized groups concerned with park and recreation programs and may stimulate citizen interest in the care and preservation of parks and historical and scenic sites.

The Historic Preservation Board shall consist of seven members appointed by the Council. These appointees shall include one member of the Planning Commission, one member of Council, one member of the Waynesville Business Community and three residents or property owners from within the district and one member of the Waynesville Historical Society (if the Historical Society goes out of existence, then four residents). Appointment will be for two year overlapping terms, except for the Council and Planning Commission members whose terms may change annually.

The Historical Preservation Board shall provide the formal process to approve or disapprove, within the Historic Preservation District, the external design of proposed new buildings or structures, or of such proposed changes in existing buildings or structures as would substantially alter their appearance, by enforcing the "Waynesville Historical Preservation Board Rules and Regulations" and the municipal ordinances which apply to the "Historic Preservation District." The Board shall meet twice each month before regularly scheduled Council meetings to consider applications for Certificates of Appropriateness submitted by property or business owners.

Council, by an affirmative vote of at least five members, may remove any member of a board or commission for cause so stated in written or printed form by Council. Council's action shall be final.

The Council may create, change, and abolish other boards and commissions as it determines to be necessary, and may provide for their organization, membership, method of appointment, terms of office of members, and powers, duties and functions by ordinance or resolution.

(D) No primary election shall be held for Council candidates.

The regular municipal election for members of Council shall be held on the first Tuesday after the first Monday in November in the odd numbered years in which they are to be elected, commencing in the year 1995. All petitions, ballots and ballot labels shall be without party mark or designation. Except as otherwise provided in this Charter, all elections shall be held and conducted and the results thereof ascertained and certified as provided by the laws of the State of Ohio.

The Council may, at any time, by ordinance or resolution, order a special election, the purpose of which shall be set forth in the ordinance or resolution.

All regular and special municipal elections shall be conducted by the Warren County Board of Elections under the provisions of this Charter, so far as they are applicable. Where the Charter is silent, the provisions of the Ohio Election Laws shall be followed.

Ordinances and resolutions may be proposed by initiative petition and adopted by election in the manner now or hereafter provided by the Constitution or the laws of the State of Ohio except that the initiative petitions shall be filed with the Clerk of Council, and except that the proposed ordinance or resolution shall be submitted to the electors for approval or rejection at the next succeeding general or primary election occurring subsequent to ninety days after the certification of the proposed ordinance or resolution to the Board of Elections, or at a special election to be held on a date fixed by the Council by an affirmative vote of at least four members thereof and certified by the Clerk of Council to the Board of Elections.

Ordinances and resolutions adopted by Council shall be subject to referendum to the extent and in the manner now or hereafter provided by the Constitution or the laws of the State of Ohio, except that such ordinances and resolutions subjected to referendum shall be submitted to the electors for approval or rejection at the next succeeding general election or primary election occurring subsequent to ninety days after the certifying of such referendum petition to the Board of Elections or a special election to be held on a date fixed by the Council by an affirmative vote of at least four members thereof and certified by the Clerk of Council to the Board of Elections, and except that referendum petitions shall be filed with the Clerk of Council.

SECTION 9.03 REFERRAL OF ORDINANCE OR RESOLUTION TO THE ELECTORS BY COUNCIL.

The electors shall have the power to remove from office, by a recall election, any elected or appointed member of Council of the Municipality in the manner herein provided. If such officer shall have served six months of his term, a petition demanding his removal may be filed with the Clerk of Council, who shall note thereon the name and address of the person filing the petition and the date of such filing, and deliver to such person a receipt therefore and attach a copy thereof to said petition. Such petition may be circulated in separate parts, but the separate parts shall be bound together and filed as one instrument. Each part shall contain the name and office of the person whose removal is sought and a statement not to exceed two hundred words of the grounds for the removal. Such petition shall be signed by at least that number of electors from the Municipality which equals twenty-five (25%) percent in number of the electors voting at the last preceding regular municipal election for Council members within the Municipality. Within twenty days after the day on which such petition shall have been filed, the Clerk shall determine whether or not it meets the requirements hereof. If the Clerk shall find the petition insufficient, he/she shall promptly certify the particulars in which the petition is defective, deliver a copy of this certificate to the person who filed the petition, and make a record of such delivery. Such person shall be allowed a period of ten days after the day on which each delivery was made in which to make the petition sufficient. If the petition is sufficient or is subsequently made sufficient within such ten day period, the Clerk shall promptly so certify it to Council, shall deliver a copy of such certificate to the officer whose removal is sought, and shall make a record of such delivery. If such officer shall not resign within five days after the day on which such delivery shall have been made, Council shall, at the next regularly scheduled Council meeting, fix a day for holding a recall election, not less that sixty days not more than seventy-five days after the date of such delivery, and shall cause notice of such recall election to be published on the same day of each week for two consecutive weeks in a newspaper determined by Council to be of general circulation in the Municipality. At such recall election, this question shall be placed on the ballot: "Shall (naming the officer) be allowed to continue as (naming the office)?", with the provision on the ballot for voting affirmatively or negatively. In the event a majority of the vote is negative, such officer shall be considered as removed, his office shall be deemed vacant, and such vacancy shall be filled as provided in this Charter. The officer removed at such recall election shall not be eligible for appointment to the vacancy created or elected to a similar position for one year from the date of removal. If the officer is not removed at such recall election, no further recall petitions shall be filed against him for a period of one year.

The laws of the State of Ohio relating generally to budgets, appropriations, debts, bonds, assessments and other fiscal matters of the Municipality shall be applicable to the Municipality, except as modified by or necessarily inconsistent with the provision of this Charter or ordinances of Council enacted pursuant thereto and except when provision therefore is made in the Constitution of the State of Ohio.

The power of Council to levy taxes shall be subject to the limitations now or hereafter provided by the Constitution and the general laws of the State of Ohio and nothing contained in this Charter shall be construed as authorizing the levy of any taxes in excess of such limitations without a vote of the people; provided, that this Charter shall not operate as a limitation upon the power of the Council to levy taxes upon such other subjects and for such other purposed as may be lawful under the Constitution or laws of the State of Ohio nor shall the authority of Council to submit additional levies to a vote of the people under the authority of the Constitution or laws of the State of Ohio be deemed impaired or abridged by reason of any provision of this Charter.

The Municipality shall not incur debt in excess of the limitations imposed by the Constitution and the laws of the State of Ohio.

The Municipality of Waynesville, under this Charter, is hereby declared to be the legal successor of the Village of Waynesville, under the laws of the State of Ohio, and as such it has title to all property, real and personal, owned by its predecessor, including all monies on deposit and all taxes in process of collection together with all accounts receivable and rights of action. The Municipality is liable for all outstanding orders, contracts and debts of its predecessor, and for any other obligations for which it may be held liable, as such successor, by any court of competent jurisdiction. All contracts entered into by the Municipality or for its benefit prior to July 1, 1994 shall continue in full force and effect.

In January, 2000 and thereafter at least every five years, the Council shall appoint a committee of fifteen qualified electors of the Municipality to be known as the Charter Review Commission. This commission shall review the whole Charter and shall recommend to the Council any alterations, revisions, and amendments to this Charter as in the Charter Review Commission's judgment seem advisable. The Council shall submit to the electors all such proposed alterations, revisions, or amendments to this Charter at the next regular election in accordance with the Constitution of the State of Ohio. The Council may by an affirmative vote of at least six members refuse to put on the ballot any or all of the recommendations from the Charter Review Commission. Each Charter Review Commission shall cease to function the day following the election at which its proposals are submitted to the electorate. The members shall serve without compensation. In addition, the Council may appoint additional such commissions for the limited purpose of reviewing specified portions of the Charter.

A determination that any article, section or part of any article or section, of this Charter is invalid shall not invalidate or impair the force or effect of any other part thereof, except to the extent that such other part is wholly dependent for its operation upon the part declared invalid.

The laws of the State of Ohio relating to conflicts of interest and interests in contracts or expenditures on behalf of the Municipality by officials and employees of municipalities shall be applicable to officers and employees of the Municipality of Waynesville under this Charter.

(1) Operation of the public park must be by a not-for-profit corporation.

(2) Services to the park must be metered.

This Charter shall be submitted to the electors of the Municipality at the election to be held May 3, 1994, and if approved by the electors shall, for the purpose of nominating and electing, and designating officers of the Municipality and conducting Municipal elections, take effect from the time of its approval by the electors of the Municipality; and for all other purposes it shall take effect on the first day of July in the year nineteen hundred ninety-four (July 1, 1994).

The process of filling the position of Manager shall begin June 1, 1994, and be completed by Oct. 3, 1994. The Manager must be on the job by Oct. 3, 1994.

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(B) The Manager shall abolish the following positions by Dec. 31, 1994.

(1) Board of Public Affairs

(2) Clerk/Treasurer of the Board of Public Affairs

(3) Streets Commissioner

Every employee of the Municipal government on July 1, 1994 may continue in such employment but thereafter be subject in all respects to the provisions of this Charter and ordinances, resolutions, rules, or regulations enacted or promulgated thereunder.

The person holding the office of Village Clerk/Treasurer under the general statutory form of government whose term would have expired March 31, 1996, if this Charter had not been adopted, shall be the Clerk of Council and Acting Finance Director under this Charter with all the powers, duties and functions prescribed by this Charter, provided that such person shall be subject to removal from office as provided in this Charter.

The salary of Council members shall be $25.00 per regular council meeting attended until Council changes it by ordinance as provided in this Charter.

The Mayor's salary as of January 1, 1996 shall have been set by Council by ordinance and shall reflect the reduced duties of the Mayor's position. To be effective on January 1, 1996 this ordinance shall be passed at least ninety days prior to the November, 1995 general election.

abate, abated v. - 1. To reduce in amount, degree, or intensity; lessen. 2. To deduct from an amount; subtract. 3. Law. a. To put an end to. b. To make void.

administrative officer a. - An employee or appointee working for the Village Manager and designated as having authority within a department. (5.04(J)(4))

appropriated v. - To set apart for a specific use: appropriating funds for education. (4.04)

appropriation a. - Public funds set aside for a specific purpose. A legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose.

auxiliary police unit a. - A civilian affiliated with the law enforcement agency in a part-time non-sworn capacity with or without compensation. (6.08)

Board of Elections a. - The Warren County Board of Elections. (8.04)

book form adj. - The collection of documents, such as ordinances, in a complete, organized volume or volumes suitable for printing. (4.15(B))

charter a. - 1. A document issued by a sovereign, legislature, or other authority, creating a public or private corporation, as a city, college, or bank, and defining its privileges and purposes. A document outlining the principles, functions, and organization of a corporate body; constitution. (Preamble)

codify tr.v. - fied fying fies 1. To reduce to a code: codify laws. 2. To arrange or systematize. codification n. codifier n. (4.11)

conveyance a. - 1. The transfer of title to property from one person to another. 2. The document by which this transfer is effected. (5.04(K))

Council a. - A body of people elected or appointed to serve in an administrative, legislative, or advisory capacity. (3.01)

current service a. - A business or group of people responsible for accomplishing designated tasks for the Village. (4.15(D))

electorate a. - A body of qualified voters. (4.08)

employee of the municipality a. - A person employed by the Village in a part- or full-time position on a continuing basis. (12.03)

evidences of indebtedness a. - Purchase orders, contacts for services, and other financial obligations. (5.04(K))

exigency a. - A pressing or urgent situation. (4.07)

felony a. - Any of several crimes, such as murder, rape, or burglary, considered more serious than a misdemeanor and punishable by a more stringent sentence. (3.04(B)(3))

fiscal year a. - A 12-month period for which an organization plans the use of its funds. The Village's fiscal year begins on January 1. (5.04(F))

franchise a. - 1. A privilege or right officially granted a person or a group by a government, esp.: a. The constitutional or statutory right to vote. b. The establishment of a corporation's existence. c. The grant of certain rights and powers to a corporation. d. Formerly, legal immunity from certain burdens, servitude, or other restrictions. 2. The territory or limits within which a privilege, right, or immunity may be exercised. tr.v. chised chising chises To endow with a franchise. (4.01)

hardships n. - Special circumstances, usually in regards to zoning requirements, applicable to land or buildings, and which are peculiar to a specific land or building and not to the surrounding land or building in general. Strict enforcement of rules in the face of a hardship would prohibit reasonable use of the land or building. Hardships cannot be self-created, cannot be that less financial profit would be obtained because of, and cannot be established on the basis of self creation by one who purchases but has no knowledge of the restrictions. (7.04)

home rule a. - The principle or practice of self-government in the internal affairs of a dependent country or other political unit. (Preamble)

initiative a. - 1. The power or right to introduce a new legislative measure. 2. The right and procedure by which citizens can propose a law by petition and ensure its submission to the electorate. (9.01)

instruments a. - legal documents such as contracts, purchase orders, checks, etc. (5.04(K))

judicial powers a. - Authority granted to judges and courts in the state of Ohio. (3.01)

legal successor a. - The corporation immediately created upon the dissolution of a preceding corporation and which becomes responsible for the legal obligations of the predecessor. (11.01)

magistrate n. - 1. A civil officer with power to administer and enforce law. 2. A minor official with limited judicial authority, such as a justice of the peace or the judge of a police court. (3.12(B))

malfeasance a. - Misconduct or wrongdoing, esp. by a public official. (3.04(B)(3))

mayor a. - The chief magistrate or administrator of the municipality with limited judicial authority. (3.01)

municipal adj. - 1. Of, pertaining to, or typical of a municipality. 2. Having local self government. (1.01)

municipal office n. All elected positions and any paid position that is filled by Council. (3.03 (A-B)

municipality a. - 1. A political unit, such as a city or town, incorporated for local self-government. 2. A body of officials appointed to manage the affairs of a municipality. (Preamble)

ordinance a. - A statute or regulation, esp. one enacted by a city government. (2.02)

platting v. - Dividing a section of land into lots for development of housing or commercial buildings. (7.02)

politic adj. - 1. Artful; shrewd: a politic senator. 2. Using, displaying, or proceeding from policy; judicious: a politic decision. (1.01)

President pro tempore a. - A temporary "president." The Village shall have a president pro tempore who shall act as Mayor during the temporary absence of the Mayor. (3.01)

promulgate v. - 1. To make known (a decree, for example) by public declaration; announce officially. 2. To put (a law) into effect by formal public announcement.

public body a. - Council or any Municipal Board or Commission.

public welfare a. - The safety and health of the populace of the Village. (4.07)

qualified electors a. - Residents of the Village who are legitimately registered with the Warren County Board of Elections as being able to participate in local, state, and federal elections. (7.01)

quorum a. - The minimum number of officers and members of a committee or organization, usually a majority, who must be present for the valid transaction of business. (3.06)

real property a. - Land or buildings. (3.08(K))

referendum n. - 1. The submission of a proposed public measure or actual statute to a direct popular vote. 2. Such a vote. (9.02)

referral v. - The action of letting an ordinance or resolution of Council be decided by the qualified electorate of the Village rather than a vote of the Council members. (9.03)

reserve police a. - a part-time sworn law enforcement officer with or without compensation, who may possess the same powers and perform the same duties as full-time officers. Reserve officers have qualifications and training equivalent to full-time, sworn officers performing like functions and are utilized to supplement the agency's day-to-day delivery of law enforcement services.

Residency, reside, resident n. Maintaining a dwelling and a domicile within the municipal boundaries. A person may have more than one residence but only one domicile. (3.01 (A) (3.03 (7.01 (A)) (7.11)

resolution a. - A formal statement of a decision or expression of opinion put before or adopted by Council. (2.02)

Sunshine Law a. - The public meeting laws of Ohio that require that all public business be conducted in open, public meetings unless it is explicitly announced that an "executive session" is to be held. Only a limited list of specific topics can be discussed by a public body in executive session (3.07)

turpitude a. - 1. Baseness; depravity. 2. A base act. (3.04(B)(3))

vacancy in office - A position or office that is unfilled or unoccupied. (5.03)