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10/06/2010 Meeting Minutes
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10/06/2010 Meeting Minutes
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Legislation-Meeting Minutes
Document Type
Meeting Minutes
Date
10/6/2010
Year
2010
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Municipal Lavv <br />Page 4 * - <br />self-government and to aiiopt and enforce within their limits such local police, .. <br />sanitary and other similar regulations; as are'not in conflictwith general laws. . .. . ' ' ' . . . What is a general law and the extent to which it supersedes a local ordinance or <br />Charter has.been the. origins of a steady if not consistent stream of case -law. The decisions of Ohio courts have been incQnsistent, reflecting a lack of an unclerstanding of the origins.of municipal law and the partisari method by which .';juiiges are selected: On the whole, in spite of the iriconsistent court decisions,.cities • in.Ohio enjoy considerable latitude toconduct their. business.in their own fashion. This empowerment is exercised through a Charter Commission. Section 7 of <br />.. the Ohio Constitutivn notes -that cities may exercise the. authority. -granted.in <br />Section 3 by framing and adopting a Charter. Specifically, the section states: • <br />. Any municipality may frame and adopt or amend acharter for its <br />. government and may, subject to the provisions of section .3 of this article,. <br />exercise thereunder all powers oflocal self-goverrjment.. <br />Section 8 establishes the process for framing and adopting a Charter. Under <br />this section candidates run in an at-large, non-partisan election for the fifteen (15) <br />seats on a Charter Commission. At the same election, voters cletermine if there -is <br />to be a Charter Commission. If a majority of the voters voting 'on the issue of establishing a Charter Commission vote yes, the top.fifteen (15) vote getters are <br />elected as a Charter Commission. (Obviously, if a majority vote "no," the votes for <br />members of the CQmmission are ignored.) If orie is established, it must clraft a Charter in t'ime for the next election in November. In reality, this means Charter <br />Commissions must complete their work by mid-August or miss the deadline for <br />placing the issue of aclopting the Charters they cirafted on the ballot. <br />Section 9 requires ameridrnents to a Charter adopted under this article be <br />submitted to the voters in a referendum. A Charter may add ways in which <br />amenclments can be proposed but they cannot take effect unless adopted by a <br />majority of those voting in an election. Note that if conflicting. amendments are <br />adopted, the one with the most votes prevails. Conflicting amendments are possible <br />because amendments may be proposed by a petition process, specifically the <br />initiative. <br />If a city does not opt for a Charter process, it is governed by the, statutes of . <br />Ohio. Section 2 of Article XVIII of the Oh3o Constitution requires the legislature <br />to aclopt a cornprehensive statutory system, including options for different forms of <br />government. Currently, Ohio statutes provide for three forms of government -- <br />Council-Mayor (called the Federal Plan in the statutes); Council-Manager; and Commission. A city must hold a referendum to adopt an optional feature rather <br />than the default Council-Mayor system, such as the Council-Manager Plan. .
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