Charter of City of Cincinnati

8/12/2019 Charter of City of Cincinnati

1/52

A A

000844111 , , 1

CHARTER

of the

CITY OF CINCINNATI

A

.

A

.

A

.

A

.

A

A

.

A

.

A

.

A

.

A

.

A

.

A

.

A

.

,

()

A

.

A

.

A

.

A A ,

A ,

A , A

,

6119

A

.

A A

HISTORICAL

Under the Constitution of the State of Ohioas it existed up to 1912, all legislation relating tocities was inclined to be "general legislation,"that is, applied uniformly to all cities of the state.This was true of all cities which did not adopt ahome rule charter.

However, on September 3, 1912, aconstitutional amendment (Article 18, Section 3)was adopted, extending to municipalities thepower to adopt charters with a greater amount ofhome rule provision than existed previous to thatdate. This authority, if taken advantage of andpassed upon favorably by the citizens, would

permit such cities as desired "to exercise allpower of local self-government and to adopt andenforce within their limits such local police,sanitary and other similar regulations as wouldnot conflict with general laws."

The history of the municipal government inOhio has been a constant struggle betweencities trying to obtain legislation suited to theirrespective needs, and the legislature trying to


2/52

A A

000844111 , , 2

ward off the demand for special legislation whichthreatened to consume all its time.

Originally the legislature could enactspecial legislation for each separate city, but thedemand for such legislation was so great thatthe constitution of 1851 provided that no such

special laws should be further passed. Thedemand for special treatment for municipalitiesdifferent from each other in every conceivableway was so insistent, however, that theconstitutional provision was circumvented byclassifying cities according to population so thateach city was practically in a class by itself.

Again the legislature was overwhelmed bylocal legislation about which it was almostentirely ignorant. In 1902 the Supreme Court ofOhio declared this type of legislation to beunconstitutional and the legislature was obligedto frame a municipal code applying hard and fast

rules to every city in the state. Finally thedemand for treating cities according to theirneeds resulted in the passage of the 1912amendment allowing each city to adopt a charterfor itself.

The reader can see from this explanationthat Cincinnati, or any other city under the oldregulation, could only enact laws for itsgovernment through the state legislature. If thelaw were changed for Cincinnati, it would bechanged for any other city, and in the case of achange by other municipalities, Cincinnati wouldbe obliged to follow under the same new law.

Legislatures, chiefly composed oflegislators from districts remote frommunicipalities who were not familiar with thevarious cities, would cause the passage of someof these regulations. Again the reader can seethe fallacy of such procedure.

FIRST CHARTER 1802

The act to incorporate the town ofCincinnati was passed at the first session of theSecond General Assembly at Chillicothe andapproved by Governor Arthur St. Clair, January

1, 1802.CHARTER 1815

The first charter under Act of 1802 wasrepealed by an act of January 10, 1815. Thisact, effective April 1, 1815, reincorporated theterritory covered by the first act. The officers ofthe town were mayor, recorder and trustee.

CHARTER 1819(First City Charter)

Cincinnati's life as a city began with its firstcharter in 1819, when by an act of the GeneralAssembly it was vested with the power of acouncil, composed of president, recorder and

nine trustees. This act was passed February 5,1819 and by virtue of an emergency act tookeffect March 1, the same year.

Several acts were passed during 1821 and1824 wherein provisions for election ofadditional officers and division of cities wereadded to the charter.

CHARTER 1827

On January 26, 1827 the second actincorporating the city of Cincinnati as a city waspassed repealing all other acts. This act tookeffect March 1, 1827. Some amendments were

added to this chapter in 1829 to enlarge itsscope.

CHARTER 1834

On March 1, 1834 there was passed "AnAct to incorporate and establish the City ofCincinnati and for revising and repealing all lawsand parts of laws heretofore enacted on thatsubject."

The act, superseding the charter of 1827,remained the fundamental law of the city untilthe adoption of the new state constitution in

1851.STATE CONSTITUTION 1851

After the adoption of the state constitutionin 1851, cities were governed by general lawswhich were modified by the state legislaturealmost every year.

CHARTER 1917

After the amendment to the stateconstitution of 1912, which provided ways andmeans of securing a charter for the variouscities, an attempt was made to adopt a charterunder these provisions in Cincinnati. This firstattempt was unsuccessful, but on November 6,1917 the voters of Cincinnati approved a newcharter that was to provide home rule except intaxation matters.

1924 AMENDMENTS

The 1917 charter was amended in 1924 bythe voters of Cincinnati, establishing the citymanager form of government and the small


3/52

A A

000844111 , , 3

council nominated by petition and elected atlarge by the proportional representation methodof voting.

CHARTER 1926

The committee that wrote the 1924

amendment realized that the charter would haveto be further amended to make it conform to thecity manager form of government and to give ourcity real home rule. They therefore provided thata charter commission be appointed by council inJuly, 1926. Accordingly, council appointed threeCincinnatians as follows:

Robert Taft, formerly floor leader of theHouse of Representatives at Columbus, Ohio.

Robert Gorman, who had been Solicitor ina number of communities of Hamilton Countyand who had experience in interpretingmunicipal law.

Henry Bentley, president of the City CharterCommittee, who assisted in writing theamendment passed by the people in 1924 andunder whose leadership the amendment wasadopted.

Howard Bevis, Professor of Law of theUniversity of Cincinnati, who was appointedsecretary of the commission.

The charter was drafted and three publichearings were held in accordance with law.Some minor changes were made in the original

draft which was finally presented to the voters inNovember, 1926, adopted, and is the charter ofthe city of Cincinnati and the fundamental law ofour municipality.

1947 AMENDMENT

The General Assembly of Ohio, on June26, 1946, amended Section 4003-11 of the OhioMunicipal Code empowering city council toincrease the amount of taxes assessed andlevied for the support of the municipal universityfrom .55 of a mill to 1 mill.

In a resolution adopted by the board of

directors of the University of Cincinnati on July29, 1947, the board not only requested a.55 of amill levy for university purposes for the fiscalyear of 1948, but also requested council toeffectuate the amended state law by submittingto the electorate at the November 4, 1947general election, a charter amendment toprovide for the additional.46 of a mill levy foruniversity purposes.

The amendment (Section 3a of Article VIII)was approved by the electorate.

1949 AMENDMENTS

The city council in 1949 determined that thecity charter should be reviewed and a study

made, in order that consideration could be givenby council to amendments or supplements whichsuch a study might indicate were advisable andnecessary, and to be submitted to the electorateat the November 8, 1949 general election.

To accomplish this purpose an ordinancewas passed unanimously by council appointinga committee of three citizens of Cincinnati tomake such a study. The members of thiscommittee were:

B. Gates Dawes, Jr., insurance executive.

Robert P. Goldman, lawyer, associated with

Paxton & Seasongood, Attorneys.Stanley G. McKie, state senator of Ohio,

and vice-president and secretary of Weil, Roth &Irving, municipal and corporation bond brokers.

The committee held appropriate hearingsand submitted a report embodying a number ofamendments. The report advised council thatthe committee had recommended onlyamendments which had the unanimous approvalof its members.

After due consideration council determinedto submit certain of the amendments and

withhold submission of the balance.

The amendments were submitted at theNovember election and approved by theelectorate:

Article II, Section 3 - Ordinancesprescribing rates and charges by publicly-ownedpublic utilities may not contain emergencyclauses unless introduced at least three weeksbefore final vote is taken and public hearingheld.

Article II, Sections 4 and 5 - Article III,Sections 1 and 2 - Beginning with the councilelected at the November 6, 1950 election, thetwo-year term of office will commence onDecember 1st instead of January 1st.

Article IV, Section 6 - Article IV, Section 10- The office of city auditor was replaced by adepartment of finance and the city managerauthorized to appoint a director of finance, andother subordinates, including a city treasurer.


4/52

A A

000844111 , , 4

Section 8 of Article IV was repealed whichrelated to appointment of city auditor.

Article IX, Section 2 - Nominating petitionsfor council candidates may contain up to eighthundred signatures instead of seven hundredsignatures, the minimum remaining at five

hundred signatures.

Article IX, Section 10 - Amendment insubparagraph (i), pertaining to councilcandidates who have surplus votes, andproviding a modified procedure for designatingballots taken for surplus.

1950 AMENDMENTS

The electorate, at the November 7, 1950general election approved amendments inArticle V, creating supplemental Sections 5 and6, which establish the ranks for members of thepolice force and fire force engaged in their

respective fire protection and police services,and also pertain to eligibility for promotion, andpromotional examination.

The electorate at the same election alsoapproved amendment of Article V, Section 3 -Modification that "except as provided in thisCharter," council shall have no power to modifystate law relating to civil service and civil servicecommission.

These amendments were submittedpursuant to ordinance passed by the citycouncil.

1953 AMENDMENTS

Article II, Section 4 - This amendmentprovided for increasing the compensation ofcouncil members from $5,000.00 to $8,000.00per annum.

Article II, Section 4a - A supplementarysection requiring councilmen-elect to file withcouncil, or with clerk, a successor designationcertificate before taking office, certifying thenames of one or more of his fellow members toselect his successor in case of his officebecoming vacant due to any cause whatever.

1957 AMENDMENTS

Article IX, Section 5, Section 10 - Changedthe method of electing members of city councilby providing for the use of the 9 X system ratherthan the proportional representation system ofvoting.

Article VIII, Section 6a - A supplementarysection providing that if council shall at any time

levy a tax on earned income, such tax shall notexceed one percent without having obtainedapproval by the electors.

1960 AMENDMENT

Article VI, Section 3 - This amendment

provided that, notwithstanding the provisions ofArticle VI, Section 2, city council may, byordinance approved by resolution adopted bythe board of directors of the University ofCincinnati, provide for transfer, for fixed orindefinite period of time, of control and directionof administrative and executive work of GeneralHospital from the city manager to the board ofdirectors of the university. (Ordinance No. 107-1961, passed by city council April 5, 1961effectuated such transfer.)

1962 AMENDMENT

Article VIII, Section 3b - This amendment

authorized city council to levy an additional taxof one mill, over and above the amountsauthorized by Sections 3 and 3a of Article VIII ofthe charter, for the purposes of the University ofCincinnati.

1964 AMENDMENTS

Article V, Section 7 - This amendment wassubmitted to the electors at the general electionon November 3, 1964, by Ordinance No. 326-1964, passed by Cincinnati city council August5, 1964, pursuant to petitions filed with councilJuly 21, 1964, signed by more than 10% of the

electors of the city of Cincinnati as required bylaw. The amendment provides for equal rates ofpay for corresponding ranks in the fire andpolice forces of the city of Cincinnati.

Article IX, Section 10 - This amendmentwas submitted to the electors at the generalelection on November 3, 1964, by OrdinanceNo. 317-1964, passed by Cincinnati city councilon August 5, 1964. The amendment providesthat in the event council provides for mechanicalor other devices for marking and sorting ofballots and tabulating the results for election ofcouncil such election shall be conducted in

accordance with existing laws of the state ofOhio or laws thereafter in force relating to votingand tabulating equipment.

1967 AMENDMENT

Article VI, Section 6 - This amendment wassubmitted to the electors at the general electionon November 7, 1967 by Ordinance No. 307-1967, passed by Cincinnati city council on


5/52

A A

000844111 , , 5

August 2, 1967. The amendment provides forthe appointment by the governor of the state ofOhio of not to exceed four of the nine membersof the board of directors of the University ofCincinnati so long as there continues in effect anagreement entered into pursuant to law betweenthe board of directors and Ohio board of regentsfor establishment or continued operation by theboard, of directors of one or more colleges,departments or other instructional units of theuniversity, conditioned upon the continuedprovision of additional state financial aid to theUniversity of Cincinnati.

1970 AMENDMENT

Article VIII, Section 6a - This amendmentwas submitted to the electors at the primaryelection on May 5, 1970 by Ordinance No. 63-1970, passed by Cincinnati city council onMarch 4, 1970. The amendment authorized city

council to levy an earnings tax of up to 1.7% ofwhich .15% was designated for permanentimprovement purposes. The amendment alsoauthorized council to establish exemptions,deductions and a graduated tax rate when andas allowed by state law.

1971 AMENDMENT

Article VII, Section 11 - This amendmentwas submitted to the electors at the generalelection on November 2, 1971 by Ordinance No.292-1971, passed by Cincinnati city council onSeptember 1, 1971. The amendment authorizes

the city to reduce the term of office for membersof the board of health from ten years to threeyears and increase the number of members ofthe board from five to nine members at suchtime as such change may be allowed by thestate of Ohio.

1972 AMENDMENT

Article VIII, Section 6a - This amendmentwas submitted to the electors at the generalelection on November 7, 1972 by Ordinance No.364-1972 passed by Cincinnati city council onAugust 2, 1972. The amendment authorized city

council to levy a tax on earned income at a ratenot to exceed.3% for public transit purposesincluding capital and current operatingexpenses. This tax is in addition to the presentlyauthorized 1.7% tax on earned income.

1974 AMENDMENT

Article XI - This amendment was submittedto the electors at the May 7, 1974 specialelection by Ordinance No. 55-1974 passed by

Cincinnati city council on February 6, 1974. Theamendment provides for a supplementarysection requiring that any ordinance enacted bythe council providing for the fluoridation of watermust first be submitted to the voters forapproval.

1976 AMENDMENTS

Article II, Section 4 - The voters approvedan increase in the salaries of the members ofcouncil for the first time since 1953, from $8,000a year to an amount equal to three-fourths of thesalary paid to the commissioners of Hamiltoncounty as such salaries are established fromtime to time by the Ohio General Assembly.

Article VI, Section 7 and Article V, Section 1- The year 1976 also saw the completion of theconversion of the University of Cincinnati from amunicipal university to a state university with the

enactment of Article VI, Section 7 whichtransferred the educational functions of theUniversity of Cincinnati to the state, terminatedthe 2 mill municipal tax support, and provided forthe continuation of the university's administrationof Cincinnati General Hospital. At the same timeArticle V, Section 1 was amended to provide thatafter the conversion of the University to statestatus the mayor of the city would appoint themember of the Civil Service Commissionformerly appointed by the university.

1977 AMENDMENT

Article V, Section 3 - In order to modify thestate provisions for veterans' preference in thegrading of civil service examinations Article V,Section 3 of the charter was amended tospecifically provide that the city would grant acivil service examination credit of five points toveterans and ten points to disabled veteranscompeting in entry level examinations for theclassified service of the city of Cincinnati.

1979 AMENDMENT

Article VIII,Section 6a- This section of thecharter was amended to repeal .3% of thecurrent earned income tax levied for public

transit purposes in the event that HamiltonCounty voters approved a 1% sales and use taxlevy at the November 6, 1979 election to providegeneral revenues for the Southwest OhioRegional Transit Authority.

1980 AMENDMENT


6/52

A A

000844111 , , 6

Article V, Section 7 - This section of thecharter was repealed to eliminate police and firewage parity provisions.

1984 AMENDMENTS

Article IX - Sections 2, 3 and 4 - These

sections of the charter were amended toconform councilmanic election procedures tostate law by requiring nominating to be filed 75days prior to the election; requiring candidates tobe notified ten days after petitions are certified;and to permit electors to sign petitions for asmany candidates as are to be elected.

1985 AMENDMENTS

Article IX - Sections 1, 5, 6, 7, 8, 9, 10 andsupplementary Section 11 - These sections ofthe charter were amended and adopted toconform councilmanic election procedures moreclosely to state law for the counting of ballots,

rotation of candidate names on the ballot,conduct at the polling and counting places,write-in candidate procedures and specificcounting procedures required by the board ofelections.

Article III - Section 1 - This section of thecharter was amended to require that the mayorserve a two-year term.

Article VII - Section 2 - This section of thecharter was amended to authorize the citymanager to select an alternate to serve on thecity planning commission in place of the city

manager.

1986 AMENDMENT

Article V - Sections 5 and 6 - Thesesections of the charter were amended to providefor the selection of a police or fire chief from thehighest three candidates certified from thepromotional eligible list for the position.

1987 AMENDMENT

Article III - Section 1, Article II - Section 4a,and Article IX, Section 8 were repealed and newArticle III - Sections 1, 4 and 5, Article II -

Section 4a, and new Article IX - Section 8 wereadopted to provide that the member of Councilreceiving the highest number of votes in theregular municipal election be declared mayorand to establish a procedure to accomplish suchdeclaration.

FOREWORD

The charter of the city of Cincinnati, state ofOhio, as adopted by vote of the people on

November 2, 1926, is published herewith withamendments thereto as subsequently submittedto and approved by the electors of the city ofCincinnati on November 4, 1947; November 8,1949; November 7, 1950; November 3, 1953;September 30, 1957; November 5, 1957;November 8, 1960; May 8, 1962; November 3,1964; November 7, 1967; May 5, 1970;November 2, 1971; November 7, 1972; May 7,1974; June 8, 1976; November 8, 1977;November 6, 1979; November 4, 1980;November 6, 1984; November 5, 1985;November 4, 1986; November 3, 1987;November 5, 1991; November 2, 1993;November 3, 1998; November 6, 2001.

The amendments to the charter adoptedNovember 2, 1926 are listed below as to article,section and date of approval:

Article II Section 3 November 8, 1949



Article II Section 4 June 8, 1976

Article II Section 4a November 3, 1953


Article II November 3, 1987

Article III Section 1 November 8, 1949






Article IV Section 6 November 8, 1949

Article IV Section 8 Repealed November 8, 1949

Article IV Section 10 November 8, 1949


7/52

A A

000844111 , , 7

Article V Section 1 June 8, 1976

Article V Section 3 November 7, 1950









Article V Section 7 Repealed November 4, 1980

Article VI Section 3 November 8, 1960

Article VI Section 6 November 7, 1967

Article VI Section 7 June 8, 1976

Article VII Section 2 November 5, 1985



Article VIII Section 3a November 4, 1947

Article VIII Section 3b May 8, 1962

Article VIII Section 4 November 6, 1979


Article VIII Section 6a May 5, 1970




Article VIII Section 6b November 3, 1998

Article VIII Section 6c November 3, 1998

Article IX Section 1 November 5, 1985





Article IX Section 5 September 30, 1957








Article IX Section 10 September 30, 1957






Article X Section 4 November 3, 1998

Article XI May 7, 1974


8/52

A A

000844111 , , 8

Article XII November 2, 1993

Article XIII Section 1 November 6, 2001







We, the people of the city of Cincinnati,Ohio, in order to secure home rule, do adopt thefollowing as the charter of our city:

Article I. - POWERS OF THE CITY

Article II. - LEGISLATIVE POWER

Article III. - MAYOR

Article IV. - EXECUTIVE AND ADMINISTRATIVE

SERVICE

Article V. - CIVIL SERVICE

Article VI. - INSTITUTIONS

Article VII. - BOARDS AND COMMISSIONS

Article VIII. - TAXATION AND FINANCE

Article IX. - NOMINATIONS AND ELECTIONS

Article X. - MISCELLANEOUS

Article XI. - FLUORIDATION OF WATER

Article XII. - NO SPECIAL CLASS STATUS MAY BE

GRANTED BASED UPON SEXUAL ORIENTATION,

CONDUCT OR RELATIONSHIPS (REPEALED)

Article XIII. - CAMPAIGN FINANCE

Article XIV. - LIMITATIONS ON USE OF PHOTO-

MONITORING DEVICES TO DETECT CERTAIN

TRAFFIC LAW VIOLATIONS

Article XV. - PREVENTION OF THE TRANSFER OR

SALE OF ANY ASSETS OF THE CITY OF

CINCINNATI, OR ANY OF ITS BOARDS OR

COMMISSIONS, TO ANY REGIONAL WATER

DISTRICT, OR ANY REGIONAL WATER AND

SEWER DISTRICT, FORMED PURSUANT TO OHIO

REVISED CODE CHAPTER 6119

Article XVI. - AGAINST A TAX OR ASSESSMENT

ON TRASH COLLECTION


9/52

A A

A .

000844111 , , 9

Article I. - POWERS OF THE CITY

The city shall have all powers of local self-government and home rule and all other powerspossible for a city to have under the constitution

of the state of Ohio. The city shall have allpowers that now are or hereafter may begranted to municipalities by the laws of the stateof Ohio. All such powers shall be exercised inthe manner prescribed in this charter, or if notprescribed herein, in such manner as shall beprovided by ordinance of the council.


10/52

A A

A . A

000844111 , , 10

Article II. - LEGISLATIVE POWER

Section 1. -

Section 2. -

Section 3. -

Section 4. -

Section 4a. -

Section 4b. -

Section 5. -

Section 5a. -

Section 6. -

Section 7. -

Section 1.

All legislative powers of the city shall be vested,subject to the terms of this charter and of theconstitution of the state of Ohio, in the council.The laws of the state of Ohio not inconsistentwith this charter, except those declaredinoperative by ordinance of the council, shallhave the force and effect of ordinances of thecity of Cincinnati; but in the event of conflict

between any such law and any municipalordinance or resolution the provisions of theordinance or resolution shall prevail and control.

Section 2.

All ordinances and resolutions in force at thetime this charter takes effect, not inconsistentwith its provisions, shall continue in force untilamended or repealed by the council.

Section 3.

The initiative and referendum powers arereserved to the people of the city on allquestions which the council is authorized tocontrol by legislative action; such powers shallbe exercised in the manner provided by the lawsof the state of Ohio. Emergency ordinancesupon a yea and nay vote must receive the voteof a majority of the members elected to thecouncil, and the declaration of an emergency

and the reasons for the necessity of declaringsaid ordinances to be emergency measuresshall be set forth in one section of the ordinance,which section shall be passed only upon a yeaand nay vote of two-thirds of the memberselected to the council upon a separate roll callthereon. If the emergency section fails ofpassage, the clerk shall strike it from theordinance and the ordinance shall take effect atthe earliest time allowed by law.

Section 4.

Subject to the terms of Article IX, Section 1 ofthis charter, a council of nine members shall beelected for a term of four years, commencing onthe first day of December next after their election

and shall serve until their successors are electedand qualified. Each member of council shallreceive, subject to the provisions of Section 4aherein, annual compensation in an amountequal to three-fourths () of the annualcompensation payable to the countycommissioners of Hamilton County, Ohio, as itexisted on March 1, 2005. Such compensationshall be payable semi-monthly.

Section 4a.

Council shall not receive any increase in

compensation, which is from time to timeadopted by the Ohio General Assembly for thecounty commissioners of Hamilton County,Ohio, and of which percentage increase councilreceives an amount equal to three-fourths () ofthe percentage increase, unless such increaseis individually ratified by a two-thirds (2/3) vote ofthe members of council. Any ratified payincrease shall become effective immediatelyafter the investiture of the next duly-electedmembers of council, following the ratification ofsuch increase by council, and may not beretroactive. Said increases shall not compound

from year to year. If an increase is not ratified,the compensation payable to members ofcouncil will remain at its then existing level untilsuch a time that council decides to take up theissue.


11/52

A A

A . A

000844111 , , 11

Section 4b.

Before taking the oath of office each member-elect of council shall file with the council asuccessor designation certificate certifying thename of one or more fellow members of councilto select a successor if his or her office asmember of council becomes vacant for anyreason.

Should a vacancy occur, the members ofcouncil certified by the former member areempowered to designate a successor within 60days of the vacancy by a majority vote of theirmembers or of those remaining thereof. Thesigned designation shall be filed with councilwithin the 60-day period and shall be presentedby council at its next regular meeting.

Should there be no valid and effectivesuccessor designation certificate for a vacantoffice, the council may fill the vacant office by amajority vote of the remaining members within30 days of the vacancy. Should the certifiedmembers of council fail to designate a successorwithin 60 days of the vacancy, council may fillthe vacant office by a majority vote of theremaining members within 30 days after the timeallowed for the certified members' designationhas expired. Should council fail to fill thevacancy within the time prescribed, the mayorshall appoint the successor without requiring the

consent of council.A person designated as a successor or

named to fill the vacancy by action of council orthe mayor shall, upon taking the oath of office,have the status of a member of council dulyelected for the unexpired term.

Any member of council may amend his orher successor designation certificate at anyregular meeting of the council. A member ofcouncil duly designated or named by council orthe mayor to fill a vacancy shall file a successordesignation certificate as in the case of originally

elected members and his or her name may becertified by other members.

(Amended by Ord. No. 348-1987, eff. Oct.1, 1987; election of Nov. 3, 1987; amendedby Ord. No. 77-1999, eff. Dec. 1, 2001;election of May 4, 1999; amended by Ord.No. 100-2005, eff. March 16, 2005; electionof Nov. 8, 2005; amended by Ord. No. 316-2005, eff. Aug. 3, 2005; election of Nov. 8,

2005; amended by Ord. No. 317-2005, eff.Aug. 3, 2005; election of Nov. 8, 2005;amended by Ord. No. 304-2012, eff. Aug.1, 2012; election of Nov. 2, 2012)

Section 5.

A majority of the members elected to the councilshall be a quorum to do business, but a lessnumber may adjourn from time to time. Alllegislative action shall be by ordinance exceptwhere otherwise required by the constitution orlaws of the state of Ohio. The council shall keepa journal of its proceedings which shall be apublic record. At the desire of any member theyeas and nays shall be entered upon the journal;and on the passage of every ordinance the vote

shall be taken by yeas and nays and enteredupon the journal; and no ordinance shall bepassed without the concurrence of a majority ofthe members elected to the council. Theproceedings of the council shall be public.

The first meeting of the council shall beheld on the first day of December at 11:00o'clock a.m. following an election of members ofcouncil. All subsequent meetings shall be heldpursuant to adjournment, or in accordance witha rule adopted by the council which may beamended at any time. Special meetings shall beheld on the request of any two members or the

mayor upon twelve hours notice to eachmember and the mayor and immediate notice tothe news media that have requested notification.

(Amended by Ord. No. 77-1999, eff. Dec. 1,2001; election of May 4, 1999; amended byOrd. No. 304-2012, eff. Aug. 1, 2012;election of Nov. 2, 2012)

Section 5a.

The council shall organize itself and conduct itsbusiness as it deems appropriate, including the

formation of committees for the efficient conductof the business of the council. At the firstmeeting in December following a regularmunicipal election for the choice of members ofcouncil, the council shall select from among itsmembers a president pro tem who shall presideat council meetings when both the mayor andvice-mayor are absent or disabled and duringany period during which there is a vacancy inboth the office of mayor and vice-mayor. The


12/52

A A

A . A

000844111 , , 12

president pro tem shall serve a term of fouryears. When presiding at council, the presidentpro tem shall vote on legislative matters comingbefore the council and perform the ministerialduties relating to legislation passed, but shall notexercise the mayor's power of veto, appointmentor removal. Each member of council mayappoint assistants in the unclassified legislativeservice according to ordinance. The council shallappoint a clerk of council and such othersubordinate officers as may be required toperform the duties of the office. The clerk andothers so appointed shall serve in theunclassified legislative service.

(Added by Ord. No. 77-1999, eff. Dec. 1,2001; election of May 4, 1999; amended byOrd. No. 304-2012, eff. Aug. 1, 2012;

election of Nov. 2, 2012)

Section 6.

Every ordinance shall be fully and distinctly readon three different days unless three-fourths ofthe members elected to the council dispensewith the rule. No ordinance shall contain morethan one subject which shall be clearlyexpressed in its title, and no ordinance shall berevived or amended unless the new ordinancecontains the entire ordinance revived, or thesection or sections amended, and the section or

sections so amended shall be repealed. Councilmay adopt codification ordinances, codifying,revising and re-arranging the ordinances of thecity or any portion thereof.

Any legislation passed by the council,whether in the form of an ordinance orresolution, shall be dated when passed. If themayor approves the legislation, the mayor shallsign and date the legislation and it shall beeffective according to its terms when signed bythe mayor.

If the mayor does not approve the

legislation, the mayor may veto the legislationand return it to the council within four days afterpassage with a notation of the veto on thelegislation. The vetoed legislation shall beplaced on the agenda of the council at its nextregularly scheduled meeting. Legislation vetoedby the mayor and returned to the council maynot be amended.

Upon motion passed by five members ofthe council, the council may reconsider thevetoed legislation. If six members of the councilvote affirmatively to override the veto and enactthe legislation, it becomes law notwithstandingthe mayoral veto. It shall be effective accordingto its terms upon the affirmative vote and, ifotherwise subject to referendum, the time forreferendum on the legislation shall begin to runagain from that date. Unless the counciloverrides the veto of the mayor at or before thesecond regularly scheduled meeting of thecouncil following passage of the legislation, thelegislation shall not take effect. Legislationenacted by the council over the veto of themayor shall not be vetoed a second time. Anordinance placing on the ballot a charteramendment initiated by petition shall not be

subject to a mayoral veto.

If the mayor neither approves nor vetoesthe legislation, the legislation shall be effectiveaccording to its terms the fifth day following itspassage. The effective date shall be noted onthe original copy of the legislation by the clerk ofcouncil.

Every ordinance shall be published oncewithin 15 days after its passage in a newspaperof general circulation in the city of Cincinnati, ora newspaper regularly published under theauthority of the council. In the publication of

every ordinance or resolution relating toimprovements or to assessments upon privateproperty for such improvements, theadvertisement shall contain simply a statementof the title, number and date of the ordinanceand resolution, a concise description of theprivate property affected, a summary of thenature of the improvements, the rate of anyassessment levied or to be levied, and areference to a copy of the said ordinance orresolution, which shall be on file in the office ofthe clerk of council. In the publication of all otherordinances or resolutions the advertisement

shall contain a statement of the title, number anddate of the ordinance or resolution, a briefstatement of the nature of the ordinance orresolution, and a reference to a copy theordinance or resolution, which shall be on file inthe office of the clerk of council.

(Amended by Ord. No. 77-1999, eff. Dec. 1,2001; election of May 4, 1999)


13/52

A A

A . A

000844111 , , 13

Section 7.

The existing departments, divisions and boardsof the city government are continued unlesschanged by the provisions of this charter or byordinance of the council. Within six months afterthe adoption of this charter, the council shall byordinance adopt an administrative codeproviding for a complete plan of administrativeorganization of the city government. Thereafter,except as established by the provisions of thischarter, the council may change, abolish,combine and re-arrange the departments,divisions and boards of the city governmentprovided for in said administrative code, but anordinance creating, combining, abolishing ordecreasing the powers of any department,division or board, shall require a vote of three-

fourths of the members elected to the council,except the ordinance adopting an administrativecode.


14/52

A A

A . A

000844111 , , 14

Article III. - MAYOR

Section 1. -

Section 2. -

Section 3. -

Section 4. -

Section 5. -

Section 1.

A mayor shall be elected for a term of fouryears, commencing on the first day of Decembernext after his or her election. Upon taking theoath of office, the mayor shall serve until asuccessor is duly elected and qualified. Themayor shall receive annual compensation in anamount equal to twice the compensationpayable to a member of council as provided inArticle II, Section 4. Such compensation shall bepayable semi-monthly.

(Amended by Ord. No. 418-1985, eff. Sept.5, 1985; election of Nov. 5, 1985; a. Ord.

No. 348-1987, eff. Oct. 1, 1987; election ofNov. 3, 1987; amended by Ord. No. 77-1999, eff. Dec. 1, 2001; election of May 4,1999)

Section 2.

The mayor shall preside over all meetings of thecouncil but shall not have a vote on the council.The mayor may call a special meeting of thecouncil. The mayor shall exercise the vetopower as provided in Article II. The mayor shallappoint and may remove the vice-mayor and the

chair of all committees of the council without theadvice and consent of the council. The mayorshall assign all legislative matters to theappropriate committee for consideration. Themayor may propose and introduce legislation forcouncil consideration.

The mayor shall be recognized as theofficial head and representative of the city for all

purposes, except as provided otherwise in thischarter.

The mayor shall appoint the city managerupon an affirmative vote of five members of the

council following the mayor's recommendationfor appointment. Prior to the vote, the mayorshall seek the advice of council, to include theopportunity for council to interview thecandidates considered by the mayor. Should thecouncil not approve the recommendation of themayor, the mayor may submit anotherrecommendation or institute a new search. Themayor, with the advice of council, shall have theauthority to initiate and recommend to thecouncil the removal of the city manager,provided that such removal shall require anaffirmative vote of five members of the council. A

temporary appointment to the position of citymanager that may be required by reason of avacancy in the office shall be submitted by themayor to the council for its approval prior to theappointment.

The mayor shall deliver an annual addressto the council and citizens of the city reportingon the state of the city and makingrecommendations for the establishment andachievement of future city goals.

The mayor shall transmit to the council theannual budget estimate prepared by the citymanager. The transmittal shall occur within 15days after receipt from the city manager andmay include a letter commenting on theproposed budget.

The mayor shall perform such other dutiesas may be prescribed by this charter or as maybe imposed by council, consistent with theoffice. The mayor shall be recognized as theofficial head of the city for all ceremonialpurposes, by the courts for the purpose ofserving civil process, and by the governor formilitary purposes.

In time of public danger or emergency, the

mayor may, with the consent of the council, takecommand of the police, maintain order andenforce the law.

The mayor shall appoint his or herassistants in the unclassified service and shallfix their salaries. Such assistants shall serve atthe pleasure of the mayor and shall constitutethe mayoral service. All other appointments tobe made by the mayor shall be made with the


15/52

A A

A . A

000844111 , , 15

advice and consent of the council except asotherwise provided in this charter.


Section 3.

At the first meeting in December of the councilafter its election, the mayor shall select a vice-mayor from among the members of the councilto serve for a term of four years, subject toremoval by the mayor. The vice-mayor shallhave the powers and perform the duties of themayor during the mayor's absence or disability.When presiding at council, the vice-mayor shallvote on legislative matters coming before thecouncil and perform the ministerial duties

relating to legislation passed, but shall notexercise the mayor's power of veto, appointmentor removal. No additional compensation shallattach to the office of vice-mayor.

In the event of the death, removal orresignation of the mayor, the vice-mayor shallsucceed to the office of mayor in accordancewith this section. The vice-mayor's vacancy oncouncil shall be filled in accordance with ArticleII, Section 4b of this charter and a new vice-mayor shall be selected by the mayor from themembers of the council.

Should the death, removal or resignation ofthe mayor occur prior to June 1 of the secondcalendar year following the regular municipalelection for the choice of mayor, the vice-mayorshall hold the office of mayor until December 1of that year and until a successor is elected andqualified to fill the unexpired term. An election tofill the unexpired term of mayor will be held onthe date of the regular municipal election heldduring the second calendar year following theregular municipal election for mayor.Nominations and election of the mayor to theunexpired term shall be governed by the

provisions of Article IX of the charter for theelection of the mayor.

Should the death, removal or resignation ofthe mayor occur on or after June 1 of the secondcalendar year following the regular municipalelection for the choice of mayor, the vice-mayorshall succeed to the office of mayor for theremainder of the unexpired term of the mayor.

(Amended by Ord. No. 77-1999, eff. Dec. 1,2001; election of May 4, 1999; amended byOrd. No. 304-2012, eff. Aug. 1, 2012;election of Nov. 2, 2012)

Section 4.

If the language of Article III, Section 1, asamended, "This provision shall applycommencing with the selection of the mayor atthe first meeting of December, 1987, by use ofthe results of the regular municipal electionconducted in November, 1987," is held to beunconstitutional or otherwise illegal, then charterprovisions applicable to the selection of mayorbefore passage of this amendment shall beapplicable to the selection of the mayor on

December 1, 1987.(Added by Ord. No. 848-1987, eff. Oct. 1,1987; election of Nov. 3, 1987)

Section 5.

If any provision of Article III, as amended, beheld to be unconstitutional or in violation of statelaw, this shall not affect the validity, force oreffect of any other provision.

(Added by Ord. No. 348-1987, eff. Oct. 1,1987; election of Nov. 3, 1987)


16/52

A A

A . A AA

000844111 , , 16

Article IV. - EXECUTIVE AND

ADMINISTRATIVE SERVICE

City Manager[1]

Section 1. -Section 2. -

Section 3. -

Section 4. -

Section 5. -

Section 6. -

Section 7. -

Section 9. -

Section 10. -

Section 1.

The mayor, as provided in Article III of thischarter, shall appoint a city manager who shallbe the chief executive and administrative officerof the city. The city manager shall be appointedsolely on the basis of his or her executive andadministrative qualifications and need not, whenappointed, be a resident of the city or state.Neither the mayor nor a member of council shall

be appointed as city manager. The city managershall be appointed for an indefinite term, ashereinafter provided. The city manager shall beremovable at any time at the pleasure of themayor and the council as provided in Article III. Ifremoved at any time after the city manager hasserved six months, he or she may demandwritten charges and the right to be heardthereon at a public meeting of the council priorto the date on which his or her final removalshall take effect, but pending and during suchhearing, the mayor, subject to the approval ofcouncil, may suspend him or her from office.The action of the mayor and the council in

suspending or removing the city manager shallbe final, it being the intention of this charter tovest all authority and fix all responsibility for anysuch suspension or removal in the mayor andthe council.

The council may authorize the designationof some other officer of the city to perform theduties of the city manager during the citymanager's absence or disability. The city

manager shall receive such compensation andrelated benefits as are determined by thecouncil.

(Amended by Ord. No. 77-1999, eff. Dec. 1,

2001; election of May 4, 1999)

Section 2.

The city manager shall report to the mayor andthe council. Neither the mayor, the council norany of its committees or members shall interferein any way with the appointment or removal ofany of the officers and employees in theadministrative service. Except for the purpose ofinquiry; the mayor, the council and its membersshall deal with that part of the administrativeservice for which the city manager is

responsible, solely through the city manager.


Section 3.

It shall be the duty of the city manager to act aschief conservator of the peace within the city; tosupervise the administration of the affairs of thecity, except as otherwise specifically provided inthis charter; to see that the ordinances of the cityand the laws of the state are enforced; to make

all appointments and removals in theadministrative and executive service except asotherwise provided in this charter; to make suchrecommendation to the mayor and to the councilconcerning the affairs of the city as may to himor her seem desirable; to keep the mayor andthe council advised of the financial condition andfuture needs of the city; to prepare and submit tothe mayor the annual budget estimate for themayor's review and comment prior to itssubmission to the council; to prepare and submitto the mayor and to the council such reports asmay be required by each and to perform such

other duties as may be prescribed by thischarter or required of him or her by ordinance orresolution of the council.

The city manager shall have the powersconferred by law upon boards of control. Exceptas otherwise provided in this charter, all otherexecutive and administrative powers conferredby the laws of the state upon any municipal


17/52

A A

A . A AA

000844111 , , 17

official shall be exercised by the city manager orpersons designated by him or her.


Section 4.

The city manager, and such other officers of thecity as may be designated by vote of the council,shall be entitled to seats in the council. None ofsaid officials shall have a vote in the council butthe city manager shall have the right to discussany matter coming before the council and theother officers shall be entitled to discuss anymatter before the council relating to theirrespective departments and offices.

City Solicitor[2]

Section 5.

The city manager shall appoint a city solicitor.No person shall be eligible to the office who isnot an attorney at law, duly admitted to practicein this state. He shall serve the council, officersand boards of the city as legal counsel andattorney, and shall represent the city in allproceedings in court. He shall act as prosecutingattorney in the municipal court. He shall performall other duties now or hereafter imposed upon

city solicitors by the laws of the state, unlessotherwise provided by ordinance of the council,and such other duties as the council mayimpose upon him consistent with his office. Thesolicitor shall appoint his assistants and fix theirsalaries, but the maximum number of assistantsand the total amounts of the assistants' salariesshall be fixed by council. The assistants shallhold their offices at the pleasure of the solicitor.

Director of Finance[3]

Section 6.

The council shall have power by majority vote, tocreate a department of finance and to authorizethe city manager to appoint a director of financeand such subordinates, including a citytreasurer, from time to time, as he sees fit. Thecouncil shall prescribe the qualifications andduties of the director of finance and may providefor the administrative organization of thedepartment. The council may transfer to the

director of finance or one or more of hissubordinates any duties previously performed bythe city treasurer or the city auditor, as well asany other powers that it may see fit. The councilshall also have power to appoint, from time totime, an auditor or auditors to examine therecords and accounts of the city or any of itsofficers, departments, boards or commissionsand report the findings to the council. Thedirector of finance shall be the chief fiscal officerof the city.

(Ordinance No. 301-1950, passed by thecity council on September 6, 1950,abolished the existing offices of city auditorand city treasurer, established adepartment of finance, authorizedappointment of a director of finance and

subordinates.)Director of Public Utilities

[4]

Section 7.

The city manager shall appoint a director ofpublic utilities. Except as otherwise provided byordinance of the council, the director shallsucceed to the powers and duties of the directorof street railroads and the director of motorbuses, and shall exercise the administrativepowers of the city in relation to public utilities,except the Cincinnati water works, the CincinnatiSouthern Railway, and any other municipallyowned or operated utilities. The council shallrefer to the city manager all applications andmatters of proposed grants and renewals ofgrants for any public utility within the city. Thecity manager shall cause the director of publicutilities promptly to investigate the same and thecity manager shall report in writing to the councilhis advice and recommendations. The directorshall perform such other duties as may beimposed upon him by the council or the citymanager.

Superintendent of Water Works

[5]

Section 9.

The city manager shall appoint thesuperintendent of water works, who shall havecharge of the administration of the Cincinnatiwater works. A sufficient charge shall be madefor the supply of water, or any other public utility


18/52

A A

A . A AA

000844111 , , 18

service operated by the city, to pay theexpenses of such water works or other utility,the interest, sinking fund and retirement chargeson bonds issued for such water works or otherpublic utility, and for such improvements to saidwater works or other public utility as council maydetermine should be paid for without the issue ofbonds. The city shall have the power to sellwater outside of the city limits and outside of thestate at such price as the council maydetermine. Revenue derived from the waterworks by the city shall be used for the purposesof said water works, and for no other purpose,and shall not be subject to transfer to any otherfund.

Removal of Officials[6]

Section 10.

The city solicitor, director of finance, director ofpublic utilities, and superintendent of the waterworks shall be subject to removal by the citymanager.


19/52

A A

A . A AA

000844111 , , 19


20/52

A A

A .

000844111 , , 20

Article V. - CIVIL SERVICE

Section 1. -

Section 2. -

Section 3. -

Section 4. -

Section 5. -

Section 6. -

Section 7. -

Section 1.

The civil service commission shall consist ofthree members of recognized character andability who shall serve for a term of six years.The members now serving shall continue inoffice until the expiration of their terms. Thesuccessors to the member whose term expiresDecember 31, 1981, shall be appointed by theboard of directors of the University of Cincinnatiprovided that in the event of the effectivecontinued conversion of said university to a stateuniversity as referred to in Section 7 of Article VIof this charter, such successors shall beappointed by the mayor; the successors to the

member whose term expires December 31,1979, shall be appointed by the mayor; thesuccessors to the member whose term expiresDecember 31, 1977, shall be appointed by theboard of education of the Cincinnati schooldistrict. In the event of a vacancy the unexpiredterm shall be filled by appointment by theauthority herein authorized to appoint thesuccessor.

Section 2.

The city manager shall appoint the secretary ofthe civil service commission, who shall act asthe personnel officer of the city government, andmust be a person experienced in personnelwork. He shall also act as chief examiner andsuperintend the examinations subject to thedirection of the commission. He shall appoint allof his subordinates.

Section 3.

Except as provided in this charter, the councilshall have no power to modify the provisions ofthe laws of the state of Ohio now or hereafter ineffect relating to the civil service and civil servicecommissions. The civil service commission shallaward to any soldier, sailor, marine, coastguardsman, member of the auxiliary corps asestablished by congress, member of the armynurse corps or navy nurse corps, or red crossnurse who has served in the army, navy, orhospital service of the United States and suchmilitary service as is designated by congress,including World War I, World War II, or duringthe period beginning May 1, 1949, and lasting solong as the armed forces of the United Statesare engaged in armed conflict or occupation

duty, or the selective service or similarconscriptive acts are in effect in the UnitedStates, whichever is the later date, who hasbeen honorably discharged therefrom, ortransferred to the reserve with evidence ofsatisfactory service, and is a resident of Ohio, anexamination credit of five (5) points in entry levelexaminations for the classified service of the cityof Cincinnati, provided that an examinationcredit of ten (10) points shall be awarded todisabled veterans. No fee or other assessment,however, shall be charged applicants forexaminations for positions under the civil

service.The city civil service shall be divided into

the classified service and the unclassifiedservice. In addition to the positions thatcomprise the unclassified service under statecivil service law, the unclassified service of thecity shall include department and division heads,deputies or assistants to department heads, andprofessional housing and economicdevelopment positions. All other positions shallbe in the classified service. A person who on thedate of enactment of this section holds aposition in the classified civil service which

becomes unclassified under this section shall bedeemed to hold a position in the classified civilservice until he or she vacates the position, afterwhich time the position shall be filled as anunclassified position.

(Amended by Ord. No. 238-2001, eff. Nov.6, 2001; election of Nov. 6, 2001)


21/52

A A

A .

000844111 , , 21

Section 4.

No person in the administrative service shalldirectly or indirectly give, solicit or receive, or inany manner be concerned in giving, soliciting orreceiving any assessment, subscription orcontribution for any political party or for anycandidate. Any violation of this section shalloperate to forfeit the office or position held bythe person violating the same and shall renderany such person ineligible to any municipaloffice or position for a period of one year.

Police Force[7]

Section 5.

The members of the police force engaged in

police services shall consist of the followingranks:

1. Chief

2. Assistant Chief

3. Captain

4. Lieutenant

5. Sergeant

6. Police Officer

7. Police Recruit

The positions of police chief and assistantpolice chief shall be in the unclassified civilservice of the city and exempt from allcompetitive examination requirements. The citymanager shall appoint the police chief andassistant police chiefs to serve in saidunclassified positions. The police chief andassistant police chiefs shall be appointed solelyon the basis of their executive andadministrative qualifications in the field of lawenforcement and need not, at the time ofappointment, be residents of the city or state.The police chief may be removed at any time by

the city manager. After the police chief hasserved six months, he or she shall be subject toremoval only for cause including incompetency,inefficiency, dishonesty, insubordination,unsatisfactory performance, any other failure ofgood behavior, any other acts of misfeasance,malfeasance, or nonfeasance in office, orconviction of any felony. If removed for causethe police chief may demand written chargesand the right to be heard thereon before the city

manager. Pending the completion of suchhearing the city manager may suspend thepolice chief from office. The incumbent officersin the police chief and assistant police chiefpositions at the effective date of this Charterprovision, shall remain in the classified civilservice until their position becomes vacant afterwhich time their positions shall be filledaccording to the terms of this section.

Within the ranks below that of assistantpolice chief, the council shall establish suchspecial positions having special duties withpreferential pay as the council deemsnecessary; but the existence of such specialpositions shall not establish eligibility forpromotion to the next higher rank. No specialpositions established by council within the ranks

below that of assistant police chief shall be filledwithout promotional examinations.

(Amended by Ord. No. 304-1986, eff. Sept.4, 1986; election of Nov. 4, 1986; amendedby Ord. No. 238-2001, eff. Nov. 6, 2001;election of Nov. 6, 2001)

Fire Force[8]

Section 6.

The members of the fire force engaged in fireprotection services shall consist of the following

ranks:

1. Chief

2. Assistant Chief

3. District Chief

4. Captain

5. Lieutenant

6. Fire Fighter

7. Fire Recruit

The positions of fire chief and assistant fire

chief shall be in the unclassified civil service ofthe city and exempt from all competitiveexamination requirements. The city managershall appoint the fire chief and the assistant firechiefs to serve in said unclassified positions.The fire chief and assistant fire chiefs shall beappointed solely on the basis of their executiveand administrative qualifications in the field offire prevention and suppression and need not, atthe time of appointment, be residents of the city


22/52

A A

A .

000844111 , , 22

or state. The fire chief may be removed at anytime by the city manager. After the fire chief hasserved six months, he or she shall be subject toremoval only for cause including incompetency,inefficiency, dishonesty, insubordination,unsatisfactory performance, any other failure ofgood behavior, any other acts of misfeasance,malfeasance, or nonfeasance in office, orconviction of any felony. If removed for causethe fire chief may demand written charges andthe right to be heard thereon before the citymanager. Pending the completion of suchhearing the city manager may suspend the firechief from office. The incumbent officers in thefire chief and assistant fire chief positions as ofthe effective date of this Charter provision, shallremain in the classified civil service until theirposition becomes vacant after which time the

positions shall be filled according to the terms ofthis section.

Within the ranks below that of assistantchief, the council shall establish such specialpositions having special duties with preferentialpay as the council deems necessary, but theexistence of such special positions shall notestablish eligibility for promotion to the nexthigher rank. No special position established bycouncil within the ranks below that of assistantchief shall be filled without promotionalexamination.

(Amended by Ord. No. 304-1986, eff. Sept.4, 1986; election of Nov. 4, 1986; amendedby Ord. No. 238-2001, eff. Nov. 6, 2001;election of Nov. 6, 2001)

Section 7.

Repealed.

(Repealed by Ord. No 349-1980. eff. Sept.4, 1980; election of Nov. 4, 1980)


23/52

A A

A .

000844111 , , 23


24/52


25/52

A A

A .

000844111 , , 25

ordinance shall be repealed or amended by thecouncil without the approval of the board ofdirectors of the university but the termination ofthe operative period of any such ordinance maybe fixed in accordance with the provisionsthereof.

(Ordinance No. 107-1961, passed by citycouncil on April 5, 1961 effectuated thetransfer of the administrative and executivework of General Hospital from the citymanager to board of directors of theUniversity of Cincinnati.)

Section 4.

The board of directors of the university shallannually appoint to the directorship of each

professional department in the hospitals, amember from the corresponding department ofthe College of Medicine of the University ofCincinnati; shall annually appoint all subordinatemembers of the attending medical staff, andshall provide the manner in which suchsubordinate members shall be nominated.

Section 5.

Medical instruction shall be open to the studentsof any medical school of Cincinnati which is

recognized by the state medical board of Ohio.

Section 6.

So long as there shall continue in effect anagreement entered into pursuant to law betweenthe board of directors of the University ofCincinnati and the Ohio board of regents, or itssuccessor, for the establishment or continuedoperation by said board of directors of one ormore colleges, departments or otherinstructional units of the university, conditionedupon the continued provision of additional state

financial aid to the university, notwithstandingother provisions of Section 1 of this Article, suchnumber of the nine directors of the university,not exceeding four, shall be appointed by thegovernor of the state of Ohio with the consent ofthe senate, and shall have such qualificationsand terms, not exceeding nine years, with initialterms to commence at such time or times and insuch manner, including provision for terminatingexisting terms, if and as provided by or under

the laws of the state of Ohio and saidagreement.

Section 7.

(a) In the event of the effective continuedconversion of the municipal University ofCincinnati to a state university by assumption ofthe educational functions of the municipaluniversity by such state university and transferor grant of use of substantially all of the assetsof the municipal university to such stateuniversity pursuant to Sections 3349.27 to3349.30 of the Ohio Revised Code, and anyamendments thereof and supplementalprovisions of law pertaining thereto, the board ofdirectors of the University of Cincinnati provided

for in this Article shall continue to exist for thelimited purposes set forth below and membersthereof shall be appointed and vacancies filledas provided in the general laws of Ohio forboards of directors of municipal universities andin Section 1 of this Article, but the powers andduties of said board of directors shall be limitedto those necessary or appropriate to winding upthe operations of the municipal university,including the delivery of instruments of furtherassurance and the taking of any other actionsfor the final completion of such conversion, andto providing for the proper application of assetsretained, if any, and requesting, receiving anddistributing funds to become available underparagraph (c) of this section; and toward suchends the board of directors may exercise thosepowers and duties provided for in anyagreement pertaining to such conversion and inthis chapter and the laws of Ohio; provided,however, upon the completion of the purposesof the exercise of such powers and duties, andsubject to the receipt by the council of thewritten declaration of the board of trustees ofsuch state university that no further action will berequired of said board of directors under anysuch agreement, the council may by ordinance

dissolve the board of directors of the municipaluniversity.

(b) Notwithstanding any other provision of thischarter or ordinances and resolutions of thecouncil, the transfer or grant of use to astate university of all or any part of theestate, property and funds under the controlof the board of directors of the municipaluniversity or otherwise held for the use or


26/52

A A

A .

000844111 , , 26

benefit of or in connection with the conductof the municipal university, whether held intrust or otherwise, may be accomplished inthe manner provided in Sections 3349.27 to3349.30 of the Ohio Revised Code and anyagreement entered into pursuant thereto,and any deeds, conveyances, assignmentsand other instruments shall be executed onbehalf of such board of directors and thecity by such person or persons as shall beauthorized by the board of directorswhether such property be held in the nameof the board of directors, the University ofCincinnati, or the City of Cincinnati.

(c) If on or before July 15, 1977 theeducational functions of the municipaluniversity are assumed by, and the transfer

or grant of use of substantially all of itsassets is made to, a state universitypursuant to the provisions of Sections3349.27 to 3349.30 of the Ohio RevisedCode, so long as such assumption andsuch transfer or grant continue in effect, (i)the taxes provided for the purposes of theUniversity of Cincinnati pursuant toSections 3, 3a and3bof Article VIII of thischarter shall not be levied on the taxduplicate for 1977 or for any subsequentyear except as and to the extent requiredby Ordinance No. 244-1963, and (ii) thoseproceeds of the aggregate two mills leviedunder said Sections 3, 3a and3bon the taxduplicate for 1976 and distributed after July1, 1977 shall, to the extent not required forother purposes by Ordinance No. 244-1963, continue to be distributed to theboard of directors but shall be madeavailable by the board of directors forpaying any operating costs of the municipaluniversity incurred prior to July 1, 1977 andfor application to paying costs of land andfacilities, in the City of Cincinnati, of theUniversity of Cincinnati acquired orconstructed or contracted for before July 1,

1977, including repaying moneys borrowedor advanced therefor, or made availablefrom other funds therefor, and paying anyinterest thereon. As used in this paragraph,the tax duplicate for a given year means thegeneral tax list and duplicate on the basisof which ad valorem taxes are levied insuch year for distribution in the next year.

(d) Notwithstanding any other provision of thischarter or ordinances and resolutions of thecouncil, in the event of the effectivecontinued conversion of the municipaluniversity to a state university as aforesaidthe council shall possess the sameauthority to transfer the control anddirection of the executive andadministrative work of Cincinnati GeneralHospital from the city manager to the boardof trustees of said state university, subjectto the approval by such trustees, as isgranted to it for such transfer to the boardof directors of the municipal university bySection 3 of Article VI of this charter, suchauthority to be exercised in the mannerprovided in said Section 3; and the medicalwork, teaching and nursing in Cincinnati

General Hospital, including appointments tothe directorship of each professionaldepartment in Cincinnati General Hospital,the appointment of all subordinatemembers of the attending medical staff,and the manner in which subordinatemembers shall be nominated, shall with theconsent of the board of trustees of saidstate university be controlled and directedby said board of trustees and, in theabsence of such consent, by the citymanager or by such persons and in suchmanner as council may by ordinance

provide.


27/52

A A

A . A A

000844111 , , 27

Article VII. - BOARDS AND COMMISSIONS

Board of Park Commissioners[9]

Section 1. -

Section 2. -

Section 3. -

Section 4. -

Section 5. -

Section 6. -

Section 7. -

Section 8. -

Section 9. -

Section 10. -

Section 11. -

Section 12. -

Section 13. -

Section 14. -

Section 1.

The board of park commissioners shall consist

of five members. The members now servingshall continue in office until the expiration of theirterms. On January 15, 1992, the mayor shallappoint one member to serve for a term endingJanuary 1, 1998, and one member to serve for aterm ending January 1, 2000. Thereafter as theterm of each member expires the mayor shallappoint one member to serve for a term of sixyears until a successor is appointed andqualified, and shall fill all vacancies in the boardfor unexpired terms. The board shall appoint itsemployees. The board shall have the controland management of the parks and parkways of

the city and may adopt and enforce regulationsas to the proper use and protection of parkproperty, and provide penalties for the violationof such regulations. Such regulations shall nottake effect until copies thereof are filed with thecity solicitor and with the clerk of council.Property under the control of the board shall notbe transferred, or used for any but parkpurposes except with the consent of the board.The board shall have all other powers conferred

upon boards of park commissioners by generallaw but council may modify such laws and maydesignate boulevards, streets and highways inthe parks and parkways as part of the publicstreet and road system of the city and give to thecity manager supervision over the construction,repair and maintenance thereof. Such actionshall be by ordinance which, unless it isapproved by the board of park commissioners,shall require a vote of three-fourths of themembers elected to the council.

(Amended by Ord. No. 322-1991, eff. Sept.6, 1991, election of Nov. 5, 1991)

Planning Commission[10]

Section 2.

The city planning commission shall consist ofseven members. One member shall be the citymanager or a person duly designated by the citymanager who may at any time serve asalternate member for the city manager; one shallbe a member of council selected by it; and fiveshall be electors of the city of Cincinnatiappointed by the mayor.

Members of the commission in office at thetime this charter provision goes into effect shallcontinue as members of the commission for theterms respectively to which they have been

appointed and shall be deemed appointedmembers of the commission.

As the term of each appointed memberexpires, the mayor shall appoint a successor fora term of five years. All vacancies in thecommission for unexpired terms of appointedmembers shall be filled by the mayor.

Each member of the commission shallserve for the term of appointment and until asuccessor is appointed and qualified. Allmembers of the commission shall serve as suchwithout compensation.

(Amended by Ord. No. 419-1985, eff. Sept.5, 1985; election of Nov. 5, 1985)

Section 3.

The powers and duties of the commission shallbe to make plans and maps of the whole or anyportion of the city and of any land outside thecity which, in the opinion of the commission,


28/52

A A

A . A A

000844111 , , 28

bears a relation to the planning of the city, andto make changes in additions to and extensionsof such plans or maps when it deems sameadvisable. Such maps and plans shall show thecommission's recommendations for the locationand extent of streets, alleys, ways, viaducts,bridges, subways, parkways, parks, playgroundsand other public grounds and publicimprovements, of public buildings and otherpublic properties, and of public utilities whetherpublicly or privately owned, for water, light,sanitation, transportation, communication, powerand other purposes; and for the removal,relocation, widening, extension, narrowing,vacation, abandonment or change of use of anyof the foregoing public places, works, buildings,or utilities. Such maps and plans may alsoinclude the division of the city into zones or

districts, in accordance with the commission'srecommendations for the limitation andregulation of the height, bulk (includingpercentage of lot occupancy and set-backbuilding lines) and use of buildings and otherstructures and premises in such zones ordistricts.

Section 4.

The commission shall have the power to controlthe marking of historical landmarks; to control, inthe manner provided by ordinance of thecouncil, the location of statuary and other worksof art which are or may become the property ofthe city, and the removal or relocation of anysuch works belonging to the city.

Section 5.

Whenever the commission shall have made aplan of the city or any portion thereof, no publicbuilding, street, boulevard, parkway, park,playground, canal, river front, harbor, dock,wharf, bridge, viaduct, tunnel and publicly or

privately owned public utility, or part thereof,shall be constructed or authorized to beconstructed in the city or said planned portion ofthe city until and unless the location thereof shallbe approved by the commission; nor shall anystreet, avenue, parkway, boulevard or alley beopened for any purposes whatsoever without theapproval of the commission; provided that incase of its failure to approve, the commissionshall communicate its reason for failure to

approve to the council, and the council by a voteof not less than two-thirds of its members shallhave the power to overrule such failure toapprove, and thereupon the council or theproper board, officer or person, as the case maybe, shall have the power to act without suchapproval. The widening, narrowing, relocation,vacation, or change in the use of streets andother public ways, grounds and places, exceptchange of grade, shall be subject to similarapproval, and failure to approve may be similarlyoverruled by the council.

Section 6.

No amendment of the zoning ordinance of thecity or of the zone map shall be made, passed or

enacted by the council until and unless suchamendment shall be approved by thecommission; provided that in case of its failure toapprove, the commission shall communicate itsreason for failure to approve to the council, andthe council, by a vote of not less than two-thirdsof its members, shall have the power to overrulesuch failure to approve and to make, adopt orenact the proposed amendment.

Section 7.

The city planning commission shall be the

platting commission of the city, and, as such,shall have the control of platting and shallprovide regulations governing the platting of alllands within the city or within three miles thereof,so as to secure a harmonious development andto provide for the coordination of streets withother streets and with the official city plan and toprovide for open spaces for traffic, utilities,access of fire-fighting apparatus, recreation, lightand air, and for the avoidance of congestion ofpopulation. Such regulations may includerequirements as to the extent to which and themanner in which streets and other public ways

shall be graded and improved, and to whichwater and sewer and other utility mains, pipingor other facilities shall be installed, as acondition precedent to the approval of the plat.In lieu of the completion of such work previousto the approval of the plat, the commission mayaccept a contract secured by a bond in anamount and with surety satisfactory to the citymanager, providing and securing to themunicipality the actual construction and


29/52

A A

A . A A

000844111 , , 29

installation of such improvements and utilitieswithin a period specified by the city managerand expressed in the contract and bond. Thecity solicitor is hereby granted the power toenforce such bonds by all appropriate, legal andequitable remedies. All such regulations shall bepublished as provided by law for the publicationof ordinances, and before adoption a publichearing shall be held thereon, and before thesame becomes effective a copy thereof shall befiled with the clerk of council. In addition to thepowers expressly specified in this charter, thecommission shall have all powers of control overplats and subdivision granted to city planningcommissions by the statutes of Ohio.

Section 8.

All plats of the subdivision of lands within thecorporate limits of the city or within three milesthereof, and all instruments of dedication oflands for public use, shall be submitted to thecommission and approved thereon in writing byit before they may be offered for record oraccepted by the city. The approval of thecommission shall not be deemed the city'sacceptance of the dedication of any street, alley,way or other public ground shown on the plat orset forth in the instrument.

No street, alley, way, or other public ground

shall be accepted by the city as a public street,way or ground, unless the plat and locationthereof shall have been submitted to andapproved by the commission; provided,however, that council may submit to thecommission any ordinance proposing to acceptthe dedication of any such unapproved street,alley, way, or ground, and if approved by thecommission, council shall have the power toaccept the dedication thereof by a majority vote,or, if disapproved, by a vote of not less than two-thirds of its members.

Section 9.

In addition to the powers herein enumerated, thecommission shall have advisory powers upon allmatters relating to the planning of the city and itsdevelopment.

Section 10.

No consent of the owner of property abutting onany public way or public grounds shall berequired for the construction, extension,maintenance or operation of any street railway,provided the city planning commission approvesthe same.

Board of Health[11]

Section 11.

The board of health shall consist of ninemembers, who shall serve for a term of threeyears each. Not more than four of thesemembers shall be professional providers ofhealth services. The remaining members shall

represent consumers of health services andcitizens at large. No person shall be appointedas a member of the board for more than twoconsecutive full terms. For purposes of thisprovision, service for more than eighteenmonths shall be considered a full term. Themembers now serving shall continue in officeuntil the appointment and qualification of a newboard under the provisions of this section, atwhich time their present terms shall cease anddetermine.

Subsequent to the effective date of thissection, the mayor shall appoint three of themembers now serving to new terms of one yeareach, and the other two members to two-yearterms. The mayor shall also appoint oneadditional person to a two-year term, and threeadditional persons to three-year terms.Thereafter, as the term of each member expires,the mayor shall appoint one person to serve fora term of three years and until his successor isappointed and qualified, and shall fill allvacancies on the board for unexpired terms.

The board of health shall appoint itsemployees. The board of health may adopt in

the manner provided by state law orders, andregulations intended for the public health, theprevention or restriction of disease, theprevention, abatement and suppression ofnuisances and the sanitary condition of all publicmarkets and provide penalties for the violationthereof, but no such order or resolution shalltake effect until copies thereof are filed with thecity solicitor and with the clerk of council. Theboard of health shall have all other powers


30/52

A A

A . A A

000844111 , , 30

conferred upon boards of health by generallaws, but the council may modify such laws byordinance. Such ordinance, unless it is approvedby the board of health, shall require a vote ofthree-fourths of the members elected to thecouncil.

(This amendment became effectiveDecember 23, 1971 upon the amendment ofSection 3709.05 of the Ohio Revised Code topermit municipalities to determine thecomposition and terms of office of boards ofhealth.)

Board of Trustees of Sinking Fund[12]

Section 12.

The board of trustees of the sinking fund shallconsist of four members. The members nowserving shall continue in office until theexpiration of their terms. Thereafter, as the termof each member expires the mayor shall appointone member to serve for a term of eight yearsand until his successor is appointed andqualified and shall fill all vacancies in the boardof trustees for the unexpired terms. Saidappointments shall be so distributed that notmore than two members of such board shallbelong to the same political party. Council shallhave no power to modify the provisions of thelaws of the state of Ohio now or hereafter ineffect relating to the powers or duties of thetrustees of the sinking fund.

Board of Rapid Transit Commissioners[13]

Section 13.

The board of rapid transit commissioners shallconsist of five members. The members nowserving shall continue in office until theexpiration of their terms, except as hereinafterprovided. Thereafter, as the term of eachmember expires, the mayor shall appoint onemember to serve during the life of the board,and shall fill all vacancies in the board. Upon thecommencement of the operation of the rapidtransit system, and in any event not later thanJanuary 1, 1929, the board of rapid transitcommissioners shall cease to exist and itspowers shall be transferred to such officer orofficers as the council may direct.

Public Recreation Commission[14]

Section 14.

There shall be a public recreation commissionconsisting with one member of the board ofeducation appointed by said board, one memberof the board of park commissioners appointedby said board, and three citizens appointed bythe mayor, to serve without compensation. Theterm of office of said members and the powersand duties of said commission shall be fixed byordinance of the council, but all funds obtainedfrom levies for recreational purposes,appropriated by other public bodies, or donatedfor such purposes to the city of Cincinnati or thepublic recreation commission, shall be expendedby said commission.


31/52


32/52

A A

A . A A

000844111 , , 32

Article VIII. - TAXATION AND FINANCE

Section 1. -

Section 2. -

Section 3. -

Section 3a. -

Section 3b. -

Section 4. -

Section 5. -

Section 6a. -

Section 6b. -

Section 6c. -

Section 7. -

Section 8. -

Section 1.

The city shall have all powers of municipal homerule and taxation granted by Sections 5649-10,5649-10a, 5649-10b of the General Code [Note],and all other provisions of law and of theconstitution of Ohio now or hereafter in force.

Section 2.

A complete budget system of municipal receiptsand expenditures is hereby established inaccord with Sections 1, 3, 4, 5, 6, 7, 8, 9 and 10of the act passed April 17, 1925, 111 Ohio Laws371. Council may make changes, amendmentsor modifications in said budget system to make itconform to amendments hereafter made in saidbudget law, and such other changes,amendments or modifications therein, notaffecting the substance or completeness of said

system as council shall have power to makeunder the laws and constitution of the state.

Section 3.

The council shall annually levy a tax for currentoperating expenses on the real and personalproperty in the city for the purposes of the city ofCincinnati, its boards, departments and

institutions. The rate of such tax shall notexceed six and sixty-five hundredths (6.65) millson the dollar of assessed valuation. Out of saidtotal maximum levy fifty-five hundredths (.55) ofa mill may be levied only for the purposes of theUniversity of Cincinnati, and at the request of theboard of directors of the said university all or anypart of said rate shall be levied. Out of said totalmaximum levy one-tenth (1/10) of a mill may belevied only for recreational purposes and at therequest of the public rec

Date post:	03-Jun-2018
Category:	Documents
Upload:	charterreviewtaskforce
View:	216 times
Download:	0 times

Charter of City of Cincinnati

Documents