Subchapter C: The Clerk

§ 31.040 ELECTION, TERM, QUALIFICATIONS OF THE CLERK.

   The Clerk shall be elected for a term of four years, commencing on April 1 next after his or her election. He or she shall be an elector of the municipality.

(R.C. § 733.26)

§ 31.041 POWERS AND DUTIES OF CLERK.

   (A)   The Clerk shall attend all meetings of the Legislative Authority and keep a record of its proceedings and of all rules, bylaws, resolutions, and ordinances passed or adopted, which shall be subject to the inspection of all persons interested. In case of the absence of the Clerk, the Legislative Authority shall appoint one of its members to perform his or her duties.

   (B)   The Clerk shall attend training programs for new clerks and annual training programs of continuing education for clerks that are provided by the Auditor of State pursuant to R.C. § 117.44.

(R.C. § 733.27) (Rev. 1997)

§ 31.042 BOOKS AND ACCOUNTS; MERGER OF OFFICES.

   The Clerk shall keep the books of the municipality, exhibit accurate statements of all moneys received and expended, of all the property owned by the municipality and the income derived therefrom, and of all taxes and assessments. The Legislative Authority may, by majority vote, merge the duties of the Clerk of the Board of Trustees of Public Affairs with those of the Clerk, allowing the Clerk such additional assistance and compensation in performing the additional duties as the Legislative Authority determines.

(R.C. § 733.28)

§ 31.043 SEAL OF CLERK.

   The Legislative Authority shall provide a seal for the Clerk, in the center of which shall be the name of the municipality, and around the margin “Village Clerk”, an impression of which seal shall be affixed to all transcripts, orders, certificates, or other papers requiring authentication.

(R.C. § 733.29)

§ 31.044 COMBINED OFFICES OF CLERK AND TREASURER; FISCAL OFFICER.

   (A)   Office of Clerk-Treasurer.

      (1)   (a)   The Legislative Authority may, by ordinance or resolution passed by at least a majority vote, combine the duties of the Clerk and the Treasurer into one office, to be known as the Clerk-Treasurer. The combination shall be effective on January 1 following the next regular municipal election at which the Clerk is to be elected, provided that a Clerk-Treasurer shall be elected at such election pursuant to this section and shall be elected for a term of four years, commencing on the first day of April following his or her election. Between the first day of January and the first day of April following such an election, the Clerk shall perform the duties of Clerk-Treasurer. Council shall file certification of the action with the Board of Elections not less than 120 days before the day of the next municipal primary election at which the Clerk is to be elected, provided that in villages under 2,000 population in which no petition for a primary election was filed pursuant to R.C. § 3513.01, or in villages in which no primary is held pursuant to R.C. § 3513.02, the action shall be certified to the Board of Elections not less than 120 days before the next general election at which the Clerk is to be elected.

         (b)   At the succeeding regular municipal election and thereafter, the Clerk-Treasurer shall be elected for a term of four years, commencing on the first day of April following the Clerk-Treasurer’s election. The Clerk- Treasurer shall be an elector of the municipality.

      (2)   In addition to the circumstances described in division (A)(1) of this section, when a vacancy exists in the office of Treasurer or Clerk, the Legislative Authority may, by ordinance or resolution passed by at least a majority vote, combine the duties of the Clerk and the Treasurer into one office, to be known as the Clerk-Treasurer. The combination shall be effective on the effective date of the ordinance or resolution combining the duties of the offices of Clerk and Treasurer. At the next regular municipal election at which the Clerk would have been elected and each four years thereafter, the Clerk-Treasurer shall be elected for a term of four years, commencing on the first day of April following the Clerk-Treasurer’s election. The Clerk-Treasurer shall be an elector of the municipality.

      (3)   The Clerk-Treasurer shall perform the duties provided by law for the Clerk and the Treasurer. All laws pertaining to the Clerk and to the Treasurer shall be construed to apply to the Clerk-Treasurer, provided that the initial compensation for the office of Clerk-Treasurer shall be established by the Legislative Authority and that action shall not be subject to R.C. § 731.13 relating to the time when the compensation of elected officials shall be fixed and pertaining to changes in compensation of officials during the term of office.

      (4)   If and when the municipality has a Clerk- Treasurer, the Legislative Authority may separate the offices by ordinance or resolution passed by at least a majority vote. The action to separate the offices may be taken in either of the following circumstances:

         (a)   When a vacancy exists in the office of Clerk-Treasurer, in which case the separation shall be effective upon the effective date of the ordinance or resolution.

         (b)   When the action of the Legislative Authority is certified to and filed with the Board of Elections not less than 120 days before the day of the next primary election at which the Clerk and Treasurer are to be elected, provided that in villages under 2,000 population in which no petition for a primary election was filed pursuant to R.C. § 3513.01, or in villages in which no primary is held pursuant to R.C. § 3513.02, the action shall be certified to the Board of Elections not less than 120 days before the next general election at which the Clerk and Treasurer are to be elected.

(R.C. § 733.261) (Rev. 2011)

   (B)   Office of Fiscal Officer.

      (1)   (a)   In lieu of having the elected office of Clerk and the office of Treasurer, or the combined elected office of Clerk-Treasurer, the municipality may combine the duties of the Clerk and Treasurer into one appointed office, to be known as the Fiscal Officer. To make this change, the Legislative Authority shall pass, by a two-thirds vote, an ordinance or resolution proposing to make the change effective on the first day of January following the next regular municipal election at which the Clerk or Clerk- Treasurer is to be elected.

         (b)   So that no election for the office of Clerk or Clerk-Treasurer is held after the passage of the ordinance or resolution, the Legislative Authority shall file a certified copy of the ordinance or resolution with the Board of Elections not less than 120 days before the day of the next succeeding municipal primary election at which candidates for the office of Clerk or Clerk-Treasurer are to be nominated, or, in villages with a population of under 2,000 in which no petition for a primary election is filed under R.C. § 3513.01 or in villages in which no primary is held under R.C. § 3513.02, not less than 120 days before the next succeeding regular municipal election at which the Clerk or Clerk-Treasurer is to be elected.

      (2)   In addition to the circumstances described in division (B)(1) of this section, when a vacancy exists in the office of Clerk or Clerk-Treasurer, the Legislative Authority may pass, by a two-thirds vote, an ordinance or resolution to combine the duties of the Clerk and the Treasurer into the appointed office of Fiscal Officer. That change shall take effect on the effective date of the ordinance or resolution.

      (3)   A Fiscal Officer appointed under this section shall perform the duties provided by law for the Clerk and Treasurer and any other duties consistent with the nature of the office that are provided for by municipal ordinance.

      (4)   (a)   A Fiscal Officer shall be appointed by the Mayor, but that appointment does not become effective until it is approved by a majority vote of the Legislative Authority. The Fiscal Officer need not be an elector of the village or reside in the village at the time of appointment; however, the Fiscal Officer shall become a resident of the village within six months after the appointment takes effect, unless an ordinance is passed approving the Fiscal Officer’s residence outside of the village.

         (b)   The Fiscal Officer may be removed without cause either by the Mayor with the consent of a majority of the members of the Legislative Authority or by a three-fourths vote of the Legislative Authority with or without the consent of the Mayor.

      (5)   (a)   The Legislative Authority of a village that has a Fiscal Officer may abolish that appointed office and return to an elected office of Clerk-Treasurer by passing an ordinance or resolution by a two-thirds vote.

         (b)   If a vacancy exists in the office of Fiscal Officer when this ordinance or resolution is passed, the abolition shall take effect on the effective date of the ordinance or resolution, and the Mayor shall appoint a Clerk-Treasurer to serve until the first day of April following the next regular municipal election at which a Clerk-Treasurer can be elected. So an election can be held, the Legislative Authority shall file a certified copy of the ordinance or resolution with the Board of Elections not less than 120 days before the day of the next succeeding municipal primary election.

         (c)   If a vacancy does not exist in the office of Fiscal Officer when the abolishing ordinance or resolution is passed, the Legislative Authority shall certify a copy of the ordinance or resolution to the Board of Elections not less than 120 days before the day of the next succeeding municipal primary election.

         (d)   The person elected at the next regular municipal election as Clerk-Treasurer under the circumstances described in this division shall serve a four- year term commencing on the first day of April following that election.

(R.C. § 733.262) (Rev. 2011)