Rutland Codified Ordinances and Rules - PART 1: ROLE AND AUTHORITY

PART 1: ROLE AND AUTHORITY

1001—Administrative Rules Generally

1001.01. General Provisions

(1) The policies, procedures and rules of the Village of Rutland adopted by the Village Council of the Village of Rutland (Village Council) or promulgated by the Office of the Mayor of the Village of Rutland shall be arranged and numbered as to parts, articles and rules and promulgated within the Administrative Rules of the Village of Rutland, designated as Administrative Rules and cited “Rutland A.R. _____”.

(2) All prior and existing manuals, orders, and other compilation of rules which are in conflict with the Administrative Rules shall be deemed rescinded, except to the extent that portions of such existing manuals, orders and other regulations that have not been included herein shall remain in effect to the extent they do not conflict with the provisions of the Administrative Rules.

(3) The Administrative Rules shall supersede all departmental policies and procedures, and shall have precedence over the same, and if such departmental policies and procedures conflict with any provision of the Administrative Rules, such policy or procedure shall be held invalid to the extent such conflict exists, and the remaining sections shall not be affected and shall remain in effect.

1001.02. Composition

(1) The Administrative Rules of the Village of Rutland shall be arranged and numbered as to parts, rules and sub-rules and shall be comprised of the following parts:

(a) Part 1, Role and Authority.

(b) Part 2, Organization and Administration.

(d) Part 4, Operations.

(e) Part 5, Personnel.

(2) Each rule shall consist of a four digit number, which shall begin with the number of the part under which the rule is promulgated, followed by the number of the rule. Any sub-rule shall contain the number of the rule under which it is promulgated and follow the same with a period and a two digit secondary rule number.

1001.03. Amendments

(1) Except as otherwise provided in Rule 1001.04 of the Administrative Rules, any rule promulgated in the Administrative Rules may be amended or rescinded by a resolution of the Village Council.

(2) The resolution considered for the purpose of amending or rescinding a rule shall:

(a) Have therein the full text of the rule to be amended or rescinded with proposed text underlined and text proposed for deletion struck out.

(b) Be subject to three readings in accordance with section 731.17 of the Ohio Revised Code, except the three readings may be waived in accordance with the same.

(3) If the Village Council adopts a resolution for the purpose of providing for the regulation of the administration, finances, facilities, operations and or personnel of the Village of Rutland, the Mayor shall promulgate the provisions of such resolution within the Administrative Rules within the appropriate part of the same.

(4) If a Rule is found contradictory to a municipal ordinance or resolution, the Mayor is hereby authorized and directed to forthwith amend or rescind the Rule as necessary to ensure harmony with the municipal ordinance or resolution to the extent such Rule is found contradictory.

1001.04. Amendments by the Mayor

(1) The Mayor is hereby authorized to issue an executive order causing an amendment to any current rule promulgated in the Administrative Rules; and may also issue an executive order causing the adoption of a new rule and the promulgation of the same in the Administrative Rules.

(2) If the Mayor elects to exercise the authority set forth in division (1) of this Rule, the Mayor shall communicate the executive order to the Village Council during its regular session immediately next after the date of issuance of the executive order pursuant to division (1) of this Rule. During such session, the Village Council shall, by a majority vote thereof, ratify the amended rule, or newly adopted rule. If the amended rule or newly adopted rule is ratified, it shall remain promulgated in the Administrative Rules as if it was amended or adopted pursuant to Rule 1001.03 of the Administrative Rules. If the amended rule or newly adopted rule is not ratified, it shall be nullified and removed from the Administrative Rules.

1002—Authority

1002.01. General Authority

(1) The Village Council shall be considered the ultimate authority for the content and adoption of the provisions of the Administrative Rules and shall ensure compliance with all applicable federal, state, and local laws, rules, and resolutions.

(2) The Mayor shall interpret and enforce all provisions of the Administrative Rules of the Village of Rutland; and may issue executive orders, memorandums and proclamations in carrying out such interpretation and enforcement.

(3) If an order or directive is issued pursuant to Rule 1002.02 and 1002.03, such order or directive shall not be in conflict with any provision of the Administrative Rules, unless such order is amending an existing Rule, which shall subject to ratification pursuant to division (2) of Rule 1001.04.

1002.02. Authority to Issue Executive Orders

(1) The Mayor may issue an executive order pertaining to any matter of the executive department of the Village; such matter being that which is concerned with the daily affairs, operations or public safety of the Village; and such executive order shall take precedence over any directive issued pursuant to Rule 1002.03 which conflicts with the executive order.

(2) Pursuant to a municipal ordinance adopted by the Village Council, the Mayor may issue an executive order declaring a state of emergency in the Village when a major situation has arisen that poses a risk to the public health, safety and welfare.

(3) The Mayor may issue an executive order directing the temporary closure of Village facilities if the operation of such facilities poses a risk to the occupants utilizing, or who may utilize such facilities. Such closure shall not extend beyond the next meeting of the Village Council unless such closure is otherwise continued by the same.

(4) Failure to comply with an executive order issued pursuant to this Rule shall constitute insubordination; and shall be remedied in accordance with Part 5, Article 5007 of the Administrative Rules.

1002.03. Authority to Issue Directives

(1) The Village Clerk-Fiscal Officer may, when pertaining to matters of Village assets, finances and employee compensation, issue a directive, which shall be enforceable, to any department head or employee of the Village.

(2) The Village Marshal may, when pertaining to matters of the Police Department, issue a directive, which shall be enforceable, to any auxiliary deputy marshal, deputy marshal, or other employee of the department.

(3) The Village Street Commissioner may, when pertaining to matters of the Service Department, issue a directive, which shall be enforceable, to any assistant, laborer or other employee of the department.

(4) The Mayor may issue an executive order nullifying any directive issued in accordance with division (1) through (3) of this Rule.

(5) Failure to comply with a directive issued pursuant to this Rule shall constitute insubordination; and shall be remedied in accordance with Part 5, Article 5007 of the Administrative Rules.

1003—Definitions

1003.01. Definitions

As used in the Administrative Rules of the Village of Rutland, the terms set forth in Rules 1003.02 through Rule 1003.06 shall have the meaning as set opposite thereto, unless it is apparent from the context within the Administrative Rule that such term shall have a different meaning.

1003.02. “Administrative Rules” Defined

Administrative Rules. The Administrative Rules of the Village of Rutland.

1003.03. “Elected official” Defined

Elected official. Any individual who serves in the Village as the Mayor, or any individual who serves in the Village as member of the Village Council, or any individual who is appointed, or is otherwise selected, to fill the office of Mayor, or office of member of Village Council which has been vacated prior to the conclusion of the term of the elected individual.

1003.04. “Employee” Defined

Employee. Any person appointed or employed by the Village to fulfill a position, and may include a full-time employee, part-time employee, exempt employee, seasonal or temporary employee, auxiliary staff member or volunteer.

1003.05. “May”, “shall”, “will” and “should” Defined

(A) May. Indicates a conditional, discretionary or permissive action.

(B) Shall or will. Indicates a mandatory action.

1003.06. “Supervisor” Defined

Supervisor. A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other Village employees, directing the work of other employees, or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. The term "supervisor" may also include any person (e.g., lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank, or compensation.

1004—Issuance of the Administrative Rules

1004.01. Publication of Administrative Rules

A publication of the Administrative Rules shall be made available to all employees upon appointment or employment.

1004.02. Acknowledgment by Employees

(A) Each employee shall acknowledge having access to and having the opportunity to review the Administrative Rules and any orders and directives issued in accordance with Rule 1002.02 and 1002.03.

(B) It shall be the responsibility of the employee to seek clarification as needed from an appropriate supervisor for any provisions not fully understood.