(A) Except as otherwise provided in division (B) or (C) of this section, the legislative power of each municipality shall be vested in, and exercised by, a Legislative Authority, composed of six members, who shall be elected by the electors of the municipality at large, for terms of four years.
(B) The Legislative Authority may adopt an ordinance or resolution that, if approved by a majority of the electors voting on the issue, would reduce the number of members of the Legislative Authority to five. A certified copy of the ordinance or resolution shall be filed with the Board of Elections no later than 4:00 p.m. of the ninetieth day before the day of the next election at which members of the Legislative Authority are to be elected.
(C) The electors may propose a reduction in the number of members of the Legislative Authority from six to five by initiative petition in accordance with the procedure set forth in R.C. § 731.28.
(D) If a majority of the votes cast on the question proposed under division (B) or (C) of this section is in the affirmative, the Legislative Authority shall be composed of five members, who shall be elected at large, for terms of four years. If members of the Legislative Authority have staggered terms of office as required by this section, the decrease in number of members shall be implemented as necessary over the next two municipal elections at which members of the Legislative Authority would be elected. If the Legislative Authority has adopted an ordinance or resolution to eliminate staggered terms of office under division (E) of this section, the five members shall be elected as set forth in division (E)(2)(b) of this section.
(R.C. § 731.09) (Rev. 2014)
(E) (1) The Legislative Authority may, by the adoption of an ordinance or resolution to eliminate staggered terms of office, determine that all members of the Legislative Authority shall be elected at the same municipal election as provided for in this section.
(2) At the regular municipal election occurring not less than 90 days after the certification of the ordinance or resolution to the Board of Elections eliminating staggered terms of office, the following apply:
(a) If there are six members of the Legislative Authority, the number of members eligible for election at that regular municipal election shall be elected to two-year nonstaggered terms, and all members of the Legislative Authority shall be elected to four-year nonstaggered terms at all following municipal elections.
(b) If there are five members of the Legislative Authority, a number of members that is one less than the number of members that would otherwise be eligible for election at that regular municipal election but for the first-time implementation of the new membership of five, or, in the case of a village that has previously reduced its number of members to five, then the number of members eligible for election at that regular municipal election shall be elected to two-year nonstaggered terms, and all members shall be elected to four-year nonstaggered terms at all following municipal elections.
(R.C. § 731.091) (Rev. 2014)
(A) At the first meeting in January of each year, the Legislative Authority shall immediately proceed to elect a President Pro Tempore from its own number, who shall serve until the first meeting in January next after his or her election. The Legislative Authority may provide employees for the municipality as it determines, and employees may be removed at any regular meeting by a majority of the members elected to the Legislative Authority.
(B) When the Mayor is absent from the municipality, or is unable, for any cause, to perform his or her duties, the President Pro Tempore shall be the acting Mayor, and shall have the same powers and perform the same duties as the Mayor.
(R.C. § 731.10)
When the President Pro Tempore of the Legislative Authority becomes the Mayor, the vacancy thus created shall be filled as provided in § 32.006, and the Legislative Authority shall elect another President Pro Tempore from its own number, who shall have the same rights, powers, and duties as his or her predecessor.
(R.C. § 731.11)
(A) Each member of the Legislative Authority shall have resided in the municipality for at least one year immediately preceding the member’s election, and shall be an elector of the municipality. No member of the Legislative Authority shall hold any other public office, be interested in any contract with the municipality, or hold employment with the municipality, except that the member may be a notary public, a member of the state militia, or a volunteer firefighter of the village; provided that the member shall not receive any compensation for his or her services as a volunteer firefighter of the village in addition to his or her regular compensation as a member of the Legislative Authority. Any member who ceases to possess any of these qualifications, or who moves from the municipality, shall forfeit his or her office.
(B) The purpose of establishing a one-year residency requirement in this section is to recognize that the municipality has a substantial and compelling interest in encouraging qualified candidacies for election to the office of member of the Legislative Authority by ensuring that a candidate for the office has every opportunity to become knowledgeable with and concerned about the problems and needs of the area the candidate seeks to represent. In enacting this requirement, the municipality finds that the one-year period is reasonably related to this purpose, while leaving unimpaired a person’s right to travel, to vote, and to be a candidate for public office.
(R.C. § 731.12) (Rev. 1999)
The Legislative Authority shall fix the compensation and bonds of all officers, clerks, and employees of the municipality, except as otherwise provided by law. The Legislative Authority shall, in the case of elective officers, fix their compensation for the ensuing term of office at a meeting held not later than five days prior to the last day fixed by law for filing as a candidate for that office. All bonds shall be made with sureties subject to the approval of the Mayor. The compensation so fixed shall not be increased or diminished during the term for which any officer is elected or appointed. This section does not prohibit the payment of any increased costs of continuing to provide the identical benefits provided to an officer at the commencement of his or her term of office.
(R.C. § 731.13)
(A) Except as otherwise provided in division (B) of this section, when the office of a member of the Legislative Authority becomes vacant, the vacancy shall be filled by election by the Legislative Authority for the unexpired term. If the Legislative Authority fails within 30 days to fill the vacancy, the Mayor shall fill it by appointment, except that subject to division (B) of this section, when the vacancy occurs because of the operation of R.C. § 733.25, or a substantially equivalent municipal ordinance, the successor shall hold office only for the period the President Pro Tempore of the Legislative Authority holds the office of Mayor.
(B) When a vacancy occurs in the office of a member of the Legislative Authority of a village with a population of less than 2,000 because of the operation of R.C. § 733.25, or a substantially equivalent municipal ordinance, at the time the President Pro Tempore becomes Mayor, the President Pro Tempore shall decide whether he or she wishes to serve the remainder of his or her unexpired term as a member of the Legislative Authority when the Mayor’s successor is elected and qualified in accordance with R.C. § 733.25, or a substantially equivalent municipal ordinance. If the President Pro Tempore decides to serve the remainder of his or her unexpired term as a member of the Legislative Authority, the vacancy on the Legislative Authority shall not be filled and the President Pro Tempore shall resume serving his or her unexpired term on the Legislative Authority as soon as the Mayor’s successor is elected and qualified. If the President Pro Tempore decides not to resume serving the remainder of his or her unexpired term as a member of the Legislative Authority as soon as the Mayor’s successor is elected and qualified, then the vacancy in the office of the member of the Legislative Authority shall be filled in accordance with this section.
(R.C. § 731.43(A)) (Rev. 1999)
The Legislative Authority shall be the judge of the election and qualification of its members. A majority of all the members elected shall be a quorum, but a less number may adjourn from day to day and compel attendance of absent members in a manner and under penalties as are prescribed by ordinance. The Legislative Authority shall provide rules for the manner of calling special meetings.
(R.C. § 731.44)
Cross-reference:Open meetings, see § 30.10The Legislative Authority shall determine its own rules, and keep a journal of its proceedings. It may punish or expel any member for disorderly conduct or violation of its rules, and declare his or her seat vacant for absence without valid excuse, where the absence has continued for two months. No expulsion shall take place without the concurrence of two-thirds of all the members elected, and until the delinquent member has been notified of the charge against him or her, and has had an opportunity to be heard.
(R.C. § 731.45)
The Legislative Authority shall not be required to hold more than one regular meeting in each week. The meetings may be held at a time and place as is prescribed by ordinance, and shall, at all times, be open to the public. The Mayor, or any three members of the Legislative Authority, may call special meetings upon at least 12 hours’ notice to each member, served personally or left at his or her usual place of residence.
(R.C. § 731.46)
Cross-reference:Open meetings, see § 30.10The Legislative Authority shall have the management and control of the finances and property of the municipality, except as otherwise provided.
(R.C. § 731.47)
The Legislative Authority may declare vacant the office of any person elected or appointed to the office who, within ten days after he or she has been notified of his or her appointment or election, or obligation to give a new or additional bond, fails to take the required official oath or to give any bond required of him or her.
(R.C. § 731.49)
(A) When the Legislative Authority declares by resolution that an officer shall give a new bond, written notice shall be served by the Clerk upon the officer designated, and a copy of the notice, with a statement of the time and place of service, shall be recorded in the proceedings of the Legislative Authority.
(B) If the officer fails to give the new bond, with sureties, to the satisfaction of the Mayor, within ten days after such service, the Legislative Authority shall declare the office vacant, and the vacancy shall be filled in the manner provided in Title VII of the Ohio Revised Code.
(C) When a new bond is accepted or the Legislative Authority declares the office vacant, the sureties of the original bond shall cease to be liable for the acts of that officer done thereafter, but shall continue to be liable for his or her acts then already done.
(R.C. § 731.50)
The Legislative Authority shall provide by resolution or ordinance for the care, supervision, and management of all public parks, baths, libraries, market houses, crematories, sewage disposal plants, houses of refuge and correction, workhouses, infirmaries, hospitals, pesthouses or any of the institutions owned, maintained or established by the municipality. When the Legislative Authority determines to plat any of the streets, it shall provide for the platting thereof.
(R.C. § 735.27) (Rev. 2002)