05/14/1974 Meeting Minutes - Laserfiche WebLink

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l~ Special Council Meeting 5-14-14 -2- Law Director Gateau stated be•~dees think there is too much that can be questioned about that wording. Mr. Wilamosky asked under the present aq:pointmsnt that is to be scads by the Mayor - he further reads is the Legal Qp-inion accorr33ng to Gharter the City Engineer should be appointed by the Director of Public Service and tx-t by the Mayor. Last Director Gateau stated that is correct: Reason: Language in Article V Section 1 that deals with four specific departaants -Dept. of Public Safety, Dept. of Law, Depart. of Public Service and Dept. of Finance. It is indicated within the provisions of Article 0 Section 1 that the Coue-cil shall provide for the organization of the Departam~ts and, in his opinion, "Orgaga~isation" there leaves no room for doubt that that deals with numbers of people deaig+sated to a particular strata within a departwsaat; also pay scale and things of bat nature. Going back into the Codified Ordinance, Chapter 141.10 to 141.19 -there is wording within the Codified Ordi~aces that the Mayor has the power to s~point which is contrary to the Chatter. The Charter stipulates that all depar~esut heads unless otherwise providid in the Charter shall appoint all people ~-ithin the department. Mr. Wilamosky asked in :tthis case the Charter will prevail over Chapter 141 of the Codified Ordinances? Law Director Gateau ans~rered "Yes". Mr. Wilamosky stated he further noted that the City Bngineer once appointed by the Service Director -the Department *~ead of the Service Rapt. - no confirera- tion of City Council is necessary. Lacy Director Gateau ansr~ered that is correct. Mr. Wilamosky stated he would like to hear more expression from other lb~bers of Council and their feelings on this issue. Mayor Christman stated he would like to make some comments at this time: The Mayor agrees that the Charter does specifically state that the Departaa~nt of Engineering must be headed by a registered professional engirxaer in the State of Ohio. There isano doubt in his mind about it. Re did not make a proper appointment and will admit it. The t~tayor noted at the time -that he was being appointed as an Acting City Bn$ineex. The Mayor stated he can argue a little bit on the point as to whether or not the Service Director is the-sole appointing; authority but inasmach as the c~ee of Mr. Childs was made by Mr. Caster and the Mayor, the Mayor ~ the ointment. Mr. Caster, because it does cove under the Service Director -sent t2:e s~tica to the Finance Department that Mr. Childs will be serving. T'!!se Moor racog~ti~ and fully agrees that Mr. Childs cannot head the Departa~eant of ~gnaering without a professional license in Ohio. Mayor Christman asked where do we ~qo from here: This man is eminently qualified in his field of engineering. ~s worked 34 years for ~e Moyer and never had