52-11 Establish 125.01, Acting Mayor

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PLACED ON 1ST READING& REFERRED TO THE COMMITTEE OF THE WHOLE 11/21/11. SECOND READING 12/5/11. ORDINANCE NO. 52-11 BY: Anderson, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect on January 1, 2012 provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, establishing Section 125.01, Acting Mayor, to provide for the po- sition ofActing Mayor when temporary vacancies occur in the office of the mayor. WHEREAS, on November 8, 2011, Lakewood voters adopted Issue 67, which revised Article II, Section 8 of the Second Amended Charter by giving Council authority to provide for the position of Acting Mayor when temporary vacancies occur in the office of the mayor; and WHEREAS, with respect to temporary vacancies, Article II, Section of the Second Amended Charter will read, as of January 1, 2012, in relevant part as follows: "When the Mayor is absent and inaccessible, or is unable for any cause to perform the duties of the office of Mayor, the person designated by ordinance or resolution of Council shall be Acting Mayor until the Mayor resumes the office"; and WHEREAS, it is fitting to provide a consistent line of succession to the position of Act- ing Mayor in order to accommodate temporary, day-to-day absences in the office of the mayor so as to preserve the peace and order of municipal firnctions; and WHEREAS, prior to January 1, 2012, the Second Amended Charter provided for an ade- quate line of succession in the case of temporary absences in the office of the mayor provided those acting as mayor are electors of the city, such that the line of succession should be carried forwazd by ordinance; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure; that it shall take effect on January 1, 2012, the effective date of the charter amendment, as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood; and that it is necessary in order to immediately provide for the peace and order of municipal operations; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. Pursuant to Article II, Section 8 of the Second Amended Charter of the City of Lakewood, Section 125.01 of the Codified Ordinances, titled Acting Mayor, be and hereby is enacted to read as follows: 125.01 ACTING MAYOR IN TEMPORARY ABSENCE. When the Mayor is temporazily absent and inaccessible, or is unable for any cause to perform the duties of the office, the following individuals in the follow- [(Ti