SECTION 1.01, NAMES, BOUNDARIES, AND POWERS.

Mahoning County, as its limits now are, or hereafter may be, shall be a body politic and corporate by the name of Mahoning County with all rights granted by this Charter and by general law. The seat of County government, where all legislative action shall take place, shall be Youngstown. The County is responsible for the exercise within its boundaries of all powers vested in and the performance of all duties imposed upon counties and county officers by law. In addition, the County may exercise all powers specifically conferred by this Charter and all other powers that the Constitution and laws of Ohio now or hereafter grant to counties to exercise or do not prohibit counties from exercising, including the concurrent exercise by the County of all or any powers vested in municipalities by general law. All powers shall be exercised and enforced in the manner prescribed by this Charter, or, when not prescribed herein, in such manner as may be provided by ordinance or resolution of the County Council, and, when not prescribed by this Charter or amendments thereto or by ordinance or resolution, then such powers shall be exercised in the manner prescribed by general law.
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SECTION 1.02, POWERS LIMITED.

This Charter shall not limit in any way the jurisdiction, rights, powers or autonomy of the municipal or township governments in the County. The County shall not initiate the annexation, merger, or consolidation of municipalities or townships. The County shall not exercise any power or function within a municipality or township that is being exercised by that municipality or township unless permitted by the municipality or township. The County shall have the power to levy only those taxes that counties are by general law and the Ohio Revised Code authorized to levy.
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SECTION 1.03, INTERGOVERNMENTAL COOPERATION.

The County may, in the performance of its functions and services, agree by contract or otherwise to participate jointly or in cooperation with any one or more other governments, governmental agencies, and municipal corporations, and to share the costs and responsibilities of such powers, functions, and services.

It shall be the policy of this County to promote intergovernmental cooperation in the spirit of achieving economies in service and strengthening its regional position.
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SECTION 2.01, COMPOSITION.

The Executive Branch shall be composed of the County Executive, the executive divisions, administrative departments or offices, including the administrative departments or offices established under the County Executive's office, or the executive divisions, and all boards and commissions established by the County Executive.
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SECTION 2.01.01, FULL-TIME POSITIONS

The County Executive and all Executive Director positions shall be full-time positions.
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SECTION 2.02, THE COUNTY EXECUTIVE.

The County Executive shall be the chief executive officer of the County.
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SECTION 2.02.01, NONPARTISAN POSITION

The County Executive shall be elected on a nonpartisan basis.

A candidate for the office of County Executive shall have been a registered voter in Mahoning County for at least one year prior to filing for that office. The County Executive shall be a resident of the County. Failure of the County Executive to maintain residency in the County shall cause the office to become vacant. The President of the County Council shall assume the office of the County Executive in the event of such a vacancy until an election can be held for the position, as provided in Section 4.10 of this Charter.
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SECTION 2.02.02, COMPENSATION.

The salary of the County Executive shall be 1.75 times the annual salary that would otherwise be paid to a county commissioner of the County under general law. Any increase in that compensation provided by general law shall be added to the County Executive's salary at the beginning of the next succeeding term of office following the effective date of the change in general law.
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SECTION 2.02.03, POWERS AND DUTIES.

The County Executive shall have all powers and all duties of an administrative or executive nature under this Charter and such executive powers and duties, except as otherwise provided in this Charter, as are vested in or imposed upon boards of county commissioners by general law. Such powers and duties include, but are not limited to, the following:

1. To appoint, suspend, discipline, and remove county personnel within the executive branch according to applicable collective bargaining agreements, personnel policies and/or laws.
2. To appoint officers and members of boards, agencies, commissions, and authorities required by general law to be appointed by boards of county commissioners and of such additional boards, commissions, agencies and authorities as may hereafter be created pursuant to this Charter. No such appointment shall be effective until confirmed by the County Council, but if the County Council shall fail to act on an appointment within thirty (30) days, it shall become effective without such approval. The County Executive shall use good faith efforts to reflect the diversity of the people of the County in appointing such officers and members.
3. To approve or veto ordinances or resolutions as provided in Article III of this Charter.
4. To serve, in person or by his delegate, as a member of the County Board of Revision.
5. To enter into and execute contracts and conveyances on behalf of the County, as established and limited by ordinance by the County Council.
6. To attend meetings of the County Council and take part in the discussion of all matters before County Council.
7. To introduce ordinances and resolutions for consideration by the County Council and otherwise to make recommendations for actions to be taken by the County.
8. To submit to the County Council a proposed operating budget for each fiscal year which shall contain at least the following:
   1. A statement of estimated revenues from all sources, including fund balances from the preceding year.
   2. A statement of proposed expenditures, shown by department, office, agency, authority board, and commission, and by activity, character, and object and not exceeding estimated revenues for such year.
   3. A schedule of estimated revenues and proposed expenditures for each County department, office, agency, authority, board or commission, on a quarterly or more frequent basis; and
   4. A summary of the contents of the proposed operating budget.
9. To submit annually to the County Council a capital improvements program which shall contain at least the following:
   1. The capital improvements scheduled for, or proposed to be undertaken within, the current fiscal year, together with the estimated cost of each improvement and the proposed or established method of financing;
   2. The capital improvements proposed for the five years next succeeding the current fiscal year, together with the estimated cost of each improvement and the proposed or established method of financing; and
   3. A summary of the detailed contents of the program.
   4. A five-year debt management projection for capital improvements.
10. To submit a written message to the County Council accompanying the proposed operating budget and capital improvements program explaining the budget both in fiscal terms and in terms of work to be done, outlining the proposed financial policies of the County for the current fiscal year and describing the important features of the budget. The message shall include any proposals for major changes in financial policies and in expenditures, appropriations, and revenues as compared with the preceding fiscal year and the reasons for such proposals, and an itemization and explanation of each proposed capital improvement. The operating budget and capital improvements program and accompanying message shall be submitted to the County Council by February 15 of each year.
11. To conduct or supervise collective bargaining in accordance with general law, and to administer personnel policies and procedures for all County employees of the Executive Branch.
12. To submit to the County Council annually a five-year financial forecast for the general operating funds of the County.
13. To prepare a State of the County report to be delivered to the County Council and the general public during the month of February each year.

SECTION 2.03, EXECUTIVE DIVISIONS.

Executive divisions shall include the Administrative Services Division, Human Services Division, Planning Division, Public Works Division, Public Safety Division, and Medical Examiner Division. Each executive division shall be headed by an executive director. The County Executive shall appoint executive directors, subject to confirmation by a two-thirds (2/3) vote of the members of the County Council then in office. If the County Council fails to vote on confirmation of an appointment to an executive director position within thirty (30) days of receipt of notice of the appointment, the appointment shall be effective without confirmation. Executive directors shall serve at the pleasure of the County Executive.
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SECTION 2.03.01, RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF ADMINISTRATION.

The Executive Director of Administration shall assist the County Executive in the general administration of the Executive Branch of County government. This includes, but is not limited to, recommendations regarding operational practices and human resources and to carry out directives and policies ordered by the County Executive. The following offices and functions shall be under the responsibility of the Executive Director of Administration:

1. Human resources management.
2. Risk management and loss prevention.
3. Central purchasing for all departments and offices of the Executive Branch.
4. General records retention and disposal.
5. Microfilming and microfiche services.
6. Development and maintenance of computer systems.
7. Development and maintenance of word processing systems.
8. Equipment and major asset inventory and control.
9. Motor vehicle purchase, maintenance and control.
10. Mail and shipment services.
11. Office supplies and equipment.

SECTION 2.03.02, RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF HUMAN SERVICES.

The Executive Director of Human Services shall be responsible for administering laws and programs to meet the welfare needs of the residents of the County, particularly those individuals who are economically disadvantaged or disabled. The Executive Director of Human Services shall be responsible for administering programs, local, State, or Federal, designed to assist disadvantaged persons to become self-sufficient.

The Executive Director of the Human Services Division shall have a bachelor's degree (master's degree preferred) with a major in one of the human services disciplines or public administration, and have a minimum of ten (10) years' professional experience in the human services field, or a combination of comparable experience and education.
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SECTION 2.03.02a, ASSUMED RESPONSIBILITIES OF THE CHILDREN SERVICES BOARD.

The functions of the Mahoning County Children Services Board shall be transferred to the Human Services Department and shall be under the direction of the Human Services Executive Director.
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SECTION 2.03.03, RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF PLANNING.

The Executive Director of Planning shall be responsible for pursuing or assisting economic development initiatives, guiding the physical growth of the County, assisting in the maintenance of standards of environmental quality, pursuing and administering urban development grants, and serving as a liaison between the County Planning Commission, the County Executive, the County Council, and other local governments.

The Executive Director of Planning shall have the responsibilities for conducting a planning program, as provided by general law. The Executive Director of Planning shall be responsible for maintaining a continuous public planning process and shall make recommendations to the County Executive for the updating of the County Comprehensive Plan.

The Executive Director of Planning shall have a master's degree in Urban Planning and have a minimum of ten (10) years' professional experience, or a combination of comparable experience and education.
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SECTION 2.03.04, RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF PUBLIC WORKS.

The Executive Director of Public Works shall be responsible for the planning, construction, and maintenance of County infrastructure, including but not limited to roads, water treatment supply and distribution, and sewage collection and disposal. The Executive Director of Public Works shall also be responsible for building code inspection and enforcement. The Executive Director of Public Works shall be a graduate civil engineer, a registered professional engineer, a registered land surveyor in the State of Ohio, and shall have ten years' professional experience, with at least half in a supervisory capacity.
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SECTION 2.03.05, RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF PUBLIC SAFETY.

The Executive Director of Public Safety shall be responsible for assisting in providing safety and tranquility for the residents of the County. The Executive Director of Public Safety shall have all the powers and duties of a county sheriff, as provided by general law. The Executive Director of Public Safety shall also be responsible for Disaster Services, the 911 telephone emergency response system, and animal control. The Executive Director of Public Safety shall be a graduate of a police science or similar program and shall have a minimum of ten (10) years' law enforcement experience, with at least half of that experience in a supervisory capacity.
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SECTION 2.03.06, MEDICAL EXAMINER.

The Medical Examiner shall be a licensed physician with a minimum of two (2) years' experience or training in forensic medicine or pathology and shall have final authority as to determinations concerning medical matters within his or her responsibility. The Medical Examiner shall have the powers and responsibilities as prescribed by general law for the office of Coroner.
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SECTION 2.04, ADMINISTRATIVE DEPARTMENTS.

The County Executive may recommend to the County Council the creation of administrative departments or administrative offices. These departments or offices may be established under the executive divisions or under the office of the County Executive. Administrative department directors and administrative officers shall be appointed by the County Executive, after consultation with the County Council, and shall serve at the pleasure of the County Executive. Administrative departments required under this Charter shall include Management and Budget, Human Resources, and Purchasing.

Other administrative departments or offices may be created by the County Executive as long as they do not require the reallocation of funds from one executive division to another. In the case where a transfer of funds from one executive division to another, or an additional funds allocation to an executive division would be required, it would require confirmation by the County Council.
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SECTION 2.04.01, RESPONSIBILITIES OF THE DIRECTOR OF HUMAN RESOURCES.

The Director of Human Resources shall report to the Executive Director of Administration. The Human Resources Director shall be responsible for negotiating collective bargaining agreements, administering personnel policy, preparing job descriptions, posting vacant jobs, screening job applicants, and the administration of applicable state and federal laws and regulations. All human resources policies, where possible, shall be uniform countywide. The Human Resources Director shall work in cooperation with the Human Resources Commission.

The Director of Human Resources shall have a college degree from an accredited university and have a minimum of five (5) years' experience in human resources administration.
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SECTION 2.04.02, RESPONSIBILITIES OF THE DIRECTOR OF PURCHASING.

The Director of Purchasing shall report to the Executive Director of Administration. The Director of Purchasing shall be responsible for purchasing, bidding, and contracting for goods and services needed by all departments and offices of the County government.
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SECTION 2.04.03, RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET.

The Executive Director of Management and Budget shall be responsible for assisting the County Executive in preparation of the annual budget and the capital budget, and the preparation of financial analyses regarding County operations. The Executive Director of Management and Budget shall provide budgetary consultation to elected office holders, boards, and commissions, as directed by the County Executive. The Executive Director of Management and Budget shall be responsible for the monitoring and control of the budget process and management support and shall conduct audits at the request of the County Executive.

The Executive Director of Management and Budget shall have a master's degree from an accredited college or university, with a major in accounting, management, or public administration, and no less than five (5) years' employment experience in the public sector.
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SECTION 2.05, QUALIFICATIONS.

The directors of departments or officers appointed by the County Executive or the County Administrative Officer shall be appointed on the basis of ability, qualifications, integrity, and related experience.
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SECTION 2.06, REMOVAL.

Any executive director, administrative director, officer, board, or commission member, or employee of the Executive Branch who is not a member of a collective bargaining unit may be removed by the County Executive, except that a member of the Human Resources Commission may be removed only by a majority vote of the County Council.

Removal of an employee who is a member of a collective bargaining unit shall be according to procedures provided in the collective bargaining agreement between the County and the employee's collective bargaining unit.
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SECTION 3.01, COMPOSITION.

The Legislative Branch shall be the County Council.
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SECTION 3.01.01, NONPARTISAN OFFICE.

County Council positions shall be nonpartisan elected offices.

A candidate for a County Council office shall be a registered voter of the County and a resident of the district which he or she wishes to represent for at least one year prior to filing for office. Failure by a Council member to reside in the district from which he or she was elected shall cause the office to become vacant.
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SECTION 3.02, TERMS OF OFFICE.

The County Council shall consist of eleven (11) members. The County shall be divided into eleven (11) districts of approximately equal population distribution, based on the most recent Federal decennial population census, and one Council member shall be elected by the voters of each district.
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SECTION 3.03, COMPENSATION.

The salaries of County Council members shall be one-fifth (1/5) of the annual salary that would otherwise be paid to a county commissioner of the County under general law. Any increase in that compensation provided for by general law shall be added to the County Council members' salary at the beginning of the next succeeding term of office following the effective date of the change in general law.
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SECTION 3.04, POWERS.

The County Council shall be the lawmaking body of the County and shall have all legislative powers of the County, including all the legislative powers that are vested in or imposed on boards of county commissioners by general law. The County Council shall exercise its legislative power by the adoption and enactment of ordinances, or by resolution if so required by general law.

The legislative powers of the County Council include, but are not limited to:

1. The levying of taxes
2. The appropriation of revenue
3. The adoption of the County annual budget
4. The establishment of compensation to be provided to County employees (except the County Executive and County Council positions, as provided in Section 2.02.02 and Section 3.03 of this Charter), and appropriate revenue for collective bargaining agreements.
5. The establishment, abolishment, combination or division of administrative offices and executive divisions
6. The adoption of comprehensive plans
7. The conducting of public hearings and meetings on matters of public concern
8. The power to subpoena witnesses, documents, and other evidence and to administer oaths, as related to proposed ordinances
9. To establish procedures for hiring consultants and obtaining other professional services.
10. To establish procedures for a competitive bid process and making contracts
11. To appropriate funds for contractual obligations
12. To establish limits within which the County Executive may enter into contracts on behalf of the County without approval by the County Council.

SECTION 3.05, ORGANIZATION.

The County Council shall elect one of its members as President of Council, who shall be responsible for chairing meetings of the Council. The President of Council shall be elected at the first regular meeting of the Council and elected on an annual basis thereafter. The Council shall be responsible for its own subcommittee organization and for the employment and supervision of those employees whom it deems necessary to assist it in the exercise of its legislative powers and shall appoint a clerk to maintain its records.

In the absence of the President of Council, the Council shall elect a member from their body to act as President until such time as the President of Council returns to his duties, or a new President of Council is elected.
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SECTION 3.06, RULES OF PROCEDURE.

The County Council shall adopt by ordinance rules of procedure governing the time, place, and conduct of its meetings and hearings and the introduction, publication, consideration, and adoption of ordinances and resolutions. All meetings shall be open to the public (except executive sessions as permitted by general law and by Section 3.06.01 of this Charter), and a public record shall be kept of each meeting and the votes taken therein in the form, and for a reasonable period of time, as provided by ordinance. The County Council shall conduct no fewer than two regularly scheduled meetings each month of the year.
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SECTION 3.06.01, EXECUTIVE SESSION MEETINGS.

Executive sessions shall be limited to the discussion of the following topics only: personnel matters regarding: (a) disciplinary action or termination, collective bargaining agreements, (b) pending, threatened or potential lawsuits, quasi-judicial proceedings or administrative actions against the County or initiated by the County, and (c) security matters. No other topics shall be discussed during executive sessions, and minutes shall be kept. The minutes shall be sealed to all others except County Council members and the Clerk of Council until the County Council determines that it is no longer in the interest of the County to keep the minutes sealed.
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SECTION 3.07, RELATIONSHIP WITH OTHER BRANCHES.

The County Council and the individual members of Council shall not interfere in the administration of, and shall not issue orders to any officer, agent, or employee of, any other branch of the County government.
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SECTION 3.08, INTRODUCTION AND ADOPTION OF ORDINANCES AND RESOLUTIONS.

Proposed ordinances and resolutions of a general and permanent nature shall be limited to one subject and may be introduced by any member of Council, by the County Executive, or by initiative petition. At least seven (7) days after the introduction of a proposed ordinance or resolution, and prior to its passage or adoption, the County Council shall hold a public hearing after due notice to consider the proposed ordinance or resolution. Except as otherwise provided in this Charter or as required by applicable general law, a majority affirmative vote shall be required to pass or adopt an ordinance or resolution. The County Council may not take legislative action unless there is a quorum of its members present for the vote. A quorum shall consist of a majority of the Council members then in office. Abstentions cast by County Council members in votes requiring a two-thirds (2/3) passage of the members then in office shall be counted as a negative vote.
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SECTION 3.09, POLICY FOR INTERNAL ORGANIZATIONAL CHANGES.

Executive divisions have been established by this Charter, as provided in Section 2.03 of this Charter. Administrative departments and offices within executive divisions may be established within executive departments. The County Executive shall have the authority to create administrative departments and offices and to reassign personnel within executive divisions as long as such changes do not exceed the budget allocation for the executive division, and as long as said changes do not diminish the primary responsibilities of the executive director, as stated in this Charter, of the executive division where the proposed change(s) is to take place.

Administrative changes that would result in expenditures that would exceed the budgeted amount for the executive department for which the proposed changes would take place shall require approval by ordinance.

All proposed organizational changes shall be a part of the budget process and a full disclosure of all costs associated with any such changes shall be provided with the budget.
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SECTION 3.10, LEGISLATION REGARDING TAXES.

The County Council shall not impose a new or raise an existing tax without the affirmative vote of two-thirds (2/3) of the members then in office.
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SECTION 3.11, ANNEXATION POLICY.

The County Council shall conduct annexation proceedings in the manner provided by general law. The County Executive may not modify, reverse, or revise any decisions, recommendations, or actions arising out of County Council annexation proceedings. Approval of annexation shall require the affirmative vote of two-thirds (2/3) of the members then in office.
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SECTION 3.12, EXECUTIVE VETO.

The County Executive may veto any ordinance or resolution of a general and permanent nature in its entirety and shall not have the authority to veto individual line items, or to veto emergency ordinances or resolutions. Every ordinance or resolution shall be presented to the County Executive within five (5) days after its passage or adoption by the County Council. Within ten (10) days after its presentation, the County Executive shall either sign the ordinance or resolution and return it to the County Council or veto the ordinance or resolution and return it to the County Council with a written and signed statement of the reasons for the veto. If an ordinance or resolution is not returned by the County Executive within ten (10) days after its presentation, it shall be deemed enacted without the County Executive's signature. Within thirty (30) days after an ordinance or resolution has been vetoed and returned, the County Council may override the veto by enacting the ordinance or resolution with the affirmative vote of two-thirds (2/3) of the members then in office.
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SECTION 3.13, EMERGENCY ORDINANCES AND RESOLUTIONS.

A proposed ordinance or resolution may be enacted as an emergency measure if the County Council finds as a fact, and states in the ordinance or resolution, that an emergency exists and that the ordinance or resolution is necessary for the immediate preservation of the public peace, health, or safety, or for the support of County government and its existing public institutions. The affirmative vote of two-thirds (2/3) of the members of the County Council then in office shall be required to pass or adopt an emergency ordinance or resolution. Emergency ordinances or resolutions shall become effective immediately upon passage by the County Council. Emergency ordinances and resolutions shall remain in effect for a period of time up to but not exceeding six (6) months after the date of enactment. Public notices and hearings shall not be required for emergency ordinances unless so provided at the time of enactment by the County Council.
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SECTION 3.14, REFERENDUM.

Except as provided herein, an enacted ordinance or resolution of a general and permanent nature may be subjected to a referendum by the voters of the County by filing with the County Council prior to the effective date of the ordinance or resolution a petition bearing signatures of registered voters of the County equal in number to not less than eight (8) percent of the votes cast in the County for the office of County Executive at the last preceding election for County Executive. Each petition or part petition shall contain the full text of the ordinance or resolution to be referred.
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SECTION 3.14.01, FILING PROCEDURE.

After filing a proposed referendum petition with the Clerk of Council, the petitioners shall have thirty (30) days to file the petitions with the Board of Elections. Upon a finding of the required number of signatures on the petitions, the Board of Elections shall schedule a special election no more than forty-five (45) days after the petitions are certified. The ordinance or resolution shall become effective ten (10) days after an affirmative vote of the general electorate.
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SECTION 3.14.02, EXEMPTIONS FROM REFERENDUM.

No ordinance or resolution proposing an amendment or amendments to this Charter; an ordinance or resolution providing for collective bargaining; an ordinance or resolution approving a collective bargaining agreement; an ordinance or resolution providing for the compensation or working conditions of County employees; or an emergency ordinance or resolution shall be subject to a referendum. Whenever the County Council is required to pass or adopt more than one ordinance or resolution to complete the legislation necessary to make and pay for a public improvement, only the first ordinance or resolution required to be passed or adopted shall be subject to a referendum as provided in this section.
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SECTION 3.15, INITIATIVE.

Ordinances, except ordinances providing for the compensation or working conditions of County employees, and resolutions of a general and permanent nature may be proposed by filing with the County Council petitions bearing signatures of registered voters of the County equal in number to not less than eight (8) percent of the votes cast in the County for the office of County Executive at the last preceding election for County Executive. Each petition or part petition shall contain the full text of the proposed ordinance or resolution.

The County Council shall consider the proposed ordinance or resolution. If the proposed ordinance or resolution is not enacted within ninety (90) days after the petitions are presented, it shall be placed on the ballot at the next regular or special election occurring more than one hundred thirty-five (135) days after the petitions are filed or at an earlier election designated by the County Council. However, if the proposed ordinance or resolution is enacted at any time prior to the election, it shall not be placed on the ballot or be voted on unless it is subjected to referendum.

If the County Council rejects the proposed ordinance or resolution and passes or adopts a substitute ordinance or resolution concerning the same subject matter, the substitute ordinance or resolution shall be placed on the same ballot with the proposed ordinance or resolution; the voters shall be given the choice of voting for (a) the ordinance or resolution proposed through initiative, (b) voting for the substitute ordinance or resolution, or (c) voting for the option of not enacting either the ordinance or resolution proposed through the initiative or the substitute ordinance or resolution. For an ordinance or resolution proposed through an initiative or a substitute ordinance or resolution to be enacted, it must receive the majority of the votes cast.
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SECTION 3.16, REFERENDUM AND INITIATIVE PETITIONS.

The County Council shall establish by ordinance the forms to be used for referendum and initiative petitions. All referendum and initiative petitions shall be sponsored by a committee of at least three electors of the County which shall secure the approval of the Clerk of Council as to the form of the proposed petitions before circulating them.
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SECTION 3.17, EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS.

Except as provided within, all ordinances or resolutions signed by the County Executive shall become effective thirty (30) days after the date of signature. All ordinances or resolutions vetoed by the County Executive and overridden by a two-thirds (2/3) vote of the County Council shall become effective thirty (30) days after the affirmative vote.
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SECTION 3.18, MOTIONS.

The County Council may act by resolution or by motion to (a) confirm or reject appointments by the County Executive, (b) make declarations of policy or intent that do not have the force of law, and (c) to request information from any other agency of County government. Resolutions of that nature and motions shall not be subject to the veto power of the County Executive, and the County Council in adopting such resolutions and motions need not comply with the procedural requirements for the introduction, consideration, and adoption of ordinances.
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SECTION 3.19, CLERK OF COUNCIL.

The County Council shall hire a Clerk of Council. This may be a full-time position with full public employee benefits. The duties of the Clerk of Council include, but are not limited to, the following:

1. Preparation of Council and Council committee meeting agendas;
2. Preparation of Council and Council committee meeting notices;
3. Preparation of meeting documents;
4. Scheduling appointments for County Council members, as related to County business;
5. Preparation of official announcements and legal notices;
6. Recording of minutes of County Council and Council committee meetings and hearings;
7. Maintenance of official records of the County Council.

SECTION 3.20, PRIVATE OFFICES.

Private offices for County Council members shall not be provided at County expense.
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SECTION 3.21, LIMITATIONS ON HIRING COUNTY COUNCIL EMPLOYEES.

In addition to hiring a Clerk of Council, the County Council may hire other employees, depending on need. However, the total annual expenditure for these employees, including the Clerk of Council, for annual salaries and benefits shall not exceed 1.75 times the total annual salaries of the eleven County Council members.
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SECTION 4.01, EFFECTIVE DATE OF CHARTER.

The effective date of this Charter shall be January 1 following its enactment by the electors for the purpose of electing officers.
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SECTION 4.02, INITIAL ELECTIONS.

The first election for the County Executive and County Council members shall take place at the next regular or primary election for County officers following the date the Charter becomes effective. Candidates who received the most votes for the position being sought shall assume office on the first day of the second month following the month in which they were elected. All other provisions of the Charter shall take effect on that date as well.
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SECTION 4.02.01, SUBSEQUENT ELECTIONS.

Subsequent elections for the County Executive and County Council members shall take place according to the following schedule:

1. Elections for County Council districts one (1), two (2), three (3), four (4), five (5), and six (6) shall be held in the first November general election that falls on an even-numbered year following their election to office. Subsequent elections for these positions shall be held every four years thereafter at the November general election.
2. Elections for County Council districts seven (7), eight (8), nine (9), ten (10), and eleven (11), and the County Executive, shall be held in the second November general election that falls on an even-numbered year following their election to office. Subsequent elections for these positions shall be held every four years thereafter at the November general election.
3. Officials elected in the November general election shall assume office on the first day of the following January. The term of office for the County Executive and each County Council member shall be four years and until his or her successor is elected and qualified.

SECTION 4.03, TERM LIMITS.

The County Executive and County Council members shall be limited to two successive four-year terms of office. After being out of office for at least one term, a former elected official may be elected to a previously held office.
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SECTION 4.04, RECALL OF THE COUNTY EXECUTIVE AND/OR COUNTY COUNCIL MEMBERS.

A recall election for the County Executive may be initiated through a petition of the electorate to the Board of Elections bearing the signatures of registered voters of the County equal in number to not less than eight (8) percent of the votes cast in the last election for the office of County Executive.

A recall election for a County Council member may be initiated through a petition of the electorate to the Board of Elections bearing the signatures of registered voters equal in number to not less than eight (8) percent of the votes cast in the last election for the County Executive in the Council district of the member sought to be recalled.

Upon certification of petitions by the County Council, a recall election shall be scheduled no less than seventy-five (75) days, and no more than ninety (90) days, of the date of certification.
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SECTION 4.05, APPORTIONMENT.

The initial apportionment of the County into representative districts is based on a substantially equal distribution of population according to the 1990 Federal decennial population census (see Appendix).

Upon completion of each new Federal decennial population census, the Council district boundaries shall be reviewed to determine if the boundaries should be revised in order to maintain a substantially equal distribution of population in each district.
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SECTION 4.06, CREATING NEW DISTRICTS.

In making any new apportionments, district boundaries established by the preceding apportionment shall be adopted to the extent reasonably consistent with the other requirements of law. Following each succeeding Federal decennial population census, the County Council within three (3) months shall apportion the County into districts as herein provided. If the County Council fails to apportion the County into districts within the three (3) months, the County Executive shall within thirty (30) days thereafter submit to the County Council a plan for apportionment of the County Council districts. The County Council shall within thirty (30) days after receiving the County Executive's plan, apportion the County Council districts as herein provided; if it does not apportion the County within thirty (30) days, the County Executive's plan shall become effective until the next Federal census when the County Council districts shall be again apportioned as herein provided.
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SECTION 4.07, VACANCY: DISTRICT COUNCIL MEMBERS.

In the event a vacancy occurs in a Council seat by reason of death, resignation, removal from office, failure to remain an elector of the County, change of residence, or for any other reason, a replacement shall be chosen by the County Council within thirty (30) days of the occurrence of the vacancy. If the County Council fails to make the appointment, the County Executive shall make the appointment within thirty (30) days thereafter.
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SECTION 4.08, VACANCY: LENGTH OF APPOINTMENT.

In all cases, if a vacancy occurs in the first or second year of a four (4) year term, the interim appointment is for a period until the next general election, at which time the position shall be filled for the remainder of the unexpired term. If a vacancy occurs in the third or fourth year of a four (4) year term, the interim appointment shall be until the end of the unexpired term.
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SECTION 4.09, VACANCIES.

In the event the office of the County Executive becomes vacant by reason of death, resignation, removal from office, failure to remain an elector of the County, or for any other reason whatsoever, the President of Council shall succeed to the office of County Executive on an interim basis and shall serve until the next general election, at which time the position shall be filled for a four (4) year term. In the event a County Council position becomes vacant by reason of death, resignation, removal from office, failure to remain an elector of their Council district, or for any other reason whatsoever, an election shall be held at the next general election, and the term of office shall be for the length of the remaining term of the person replaced.
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SECTION 4.10, LIMITATIONS ON RUNNING FOR OFFICE AND CAMPAIGNING.

With the exception of County elected officials, no employee of county, municipal, or township government, including employees of boards or commissions created by local government, shall be permitted to run for a County government elected position. No elected official from another governmental entity, including municipalities and townships, shall be permitted to occupy the County Executive position or a County Council position. No County employee, except County elected officials, may campaign, contribute funds or time, or otherwise assist in the campaign for other persons running for a County office.

A County employee seeking an elected County office may take an unpaid leave of absence upon filing for candidacy for an elected County position. The unpaid leave of absence shall run consecutively until after the date of election. Should a County employee be elected to office, his or her employment shall be terminated.
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SECTION 4.11, LIMITATIONS ON CAMPAIGN FUND RAISING.

No person running for elected office in the executive or legislative branches shall solicit or borrow funds for campaign purposes that exceed an amount that is equal to the annual salary of the office being sought, per each time the office is being sought.
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SECTION 5.01, CHARTER AMENDMENTS.

Proposed amendments to this Charter shall be submitted to the electors of the County by a vote of at least two-thirds (2/3) of the members of the County Council or upon petitions signed by eight (8) percent of the electors of the County as provided by the Ohio Constitution.
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SECTION 5.02, CHARTER COMMISSIONS.

Commissions may be formed for the purpose of proposing amendments to this Charter according to the provisions of the Ohio Constitution.
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SECTION 6.01, OTHER ELECTED OFFICIALS.

Elected officials other than the County Executive and the County Council members shall include the Auditor, the Prosecuting Attorney, the Treasurer, and the Clerk of Courts. Duties of these offices shall be conducted as provided by general law.
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SECTION 6.02, INDEPENDENT ELECTED OFFICES.

The offices of the County Auditor, Prosecuting Attorney, and the Treasurer shall be a part of the Executive Branch, but shall be independent offices and not under the authority of the County Executive, except as provided in this Charter.
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SECTION 6.03, EXPANDED DUTIES OF THE AUDITOR.

The duties of the County Recorder shall be assumed by the County Auditor.
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SECTION 6.04, ELECTED OFFICES ABOLISHED.

The three County Commissioner positions shall be abolished and replaced by the County Executive and the County Council members.

The office of Engineer shall be replaced by the Director of Public Works.

The duties and responsibilities of the County Recorder shall be transferred to the County Auditor.

The office of Sheriff shall be replaced by the Director of Public Safety.

The office of the Coroner shall be replaced by the Medical Examiner.

All elected offices identified to be abolished in this section shall cease to exist at 12:00 PM on the day preceding the date the County Executive assumes office.
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SECTION 6.05, CONTINUED EMPLOYMENT.

During the interim period between the passage of the Charter and when the office of County Executive becomes occupied by a duly-elected official, the County Commissioners, the Coroner, the Engineer, the Recorder, and the Sheriff shall remain in office and execute their duties pursuant to general law until their offices are abolished.

With the exception of the County Commissioners, each of the elected office holders who are in office at the time of the adoption of this Charter have the option of remaining as officers of the County at their current respective rates of pay for a period not to exceed one hundred eighty (180) days after the County Executive assumes office. The options are as follows: The Coroner may become the Medical Examiner; the County Engineer may become the Director of Public Works; the County Recorder may be transferred to the Auditor's office; and the Sheriff may become the Director of Public Safety.

Those former office holders (Coroner, Engineer, Recorder, and Sheriff) who elect the option of remaining as officers of the County may be retained in their executive positions after the above-stated period (180 days), if so desired by the County Executive and confirmed by the County Council.
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SECTION 6.06, EXCLUSIVE REPRESENTATION OF THE PROSECUTING ATTORNEY.

The Prosecuting Attorney shall be the legal adviser to the County Executive, County Council, Board of Elections, and all other County officers and boards, including all tax-supported public libraries. Any or all of the above may require written opinions or instructions from the Prosecuting Attorney in matters connected with their official duties. The Prosecuting Attorney shall prosecute and defend all suits and actions which involve any elected official, division, board or commission, department, or employee, in his or her role as a public servant. No County officer may employ any other counsel or attorney at the expense of County, except as otherwise provided herein.

The Court of Common Pleas, upon the application of the Prosecuting Attorney, or the County Executive with the approval of the County Council, may authorize the County Executive to employ legal counsel for a particular matter, to assist the Prosecuting Attorney, the County Executive, the County Council, or any other County officer in any matter of public business coming before such body or officer, and in the prosecution or defense of a particular action or proceeding in which such executive, body or officer is a party or has an interest, in its official capacity.

Nothing in this section confers any of the powers or duties of the Prosecuting Attorney under Section 309.08 of the Revised Code upon an attorney so employed without the express authorization of the Prosecuting Attorney and the Court of Common Pleas.

All other provisions of Chapter 309 of the Revised Code not specifically addressed in this section are incorporated herein by reference.
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SECTION 7.01, APPOINTMENT AND REMOVAL.

Members of County government commissions or boards which now exist or may be created shall be appointed by the County Executive, with the exception of the Human Resources Commission, and confirmed by the County Council by majority vote.

The County Executive may remove any member of a commission or board, with the exception of members of the Human Resources Board, for inefficiency, neglect of duty, or malfeasance in office, provided that two-thirds (2/3) of the members of the County Council concur.
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SECTION 7.02, HUMAN RESOURCES COMMISSION.

The Human Resources Commission shall be responsible for recommending human resources policy to the County Council and shall be responsible for the oversight of the implementation of said policy. Members of the Human Resources Commission shall be appointed by the County Council by majority vote and shall consist of seven electors of the County, of whom no more than four members shall be of the same political party. No member of the Human Resources Commission shall be an employee of the County. The Human Resources Director shall function as the Secretary to the Human Resources Commission.
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SECTION 7.02.01, TERMS OF OFFICE.

The term of office of each member of the Human Resources Commission shall be six (6) years, and the terms shall be staggered. A vacancy occurring during a term shall be filled by the County Council for the unexpired term in the same manner as a regular appointment.

Of the terms of office for the initial appointees, two shall be appointed for a term of six (6) years, one shall be appointed for a term of five (5) years, one shall be appointed for a term of four (4) years, one shall be appointed for a term of three (3) years, and two shall be appointed for a term of two (2) years. Initial appointments shall be made no later than one hundred eighty (180) days after the County Council assumes office, and thereafter within thirty (30) days after the occurrence of a vacancy.
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SECTION 7.02.02, HIRING STANDARDS.

Persons interested in employment with the County shall make application to the Department of Human Resources. No person shall be appointed to a position who does not meet the qualifications for that position, as approved by the Human Resources Commission. Elected officials shall be responsible for hiring all employees under their responsibility, according to the guidelines and policies of employment established by ordinance by the County Council.
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SECTION 7.02.03, CLASSIFICATION.

The Human Resources Commission shall recommend a clear, countywide classification and salary administration system. The classification system shall include the employees of the County government (except those employees in positions designated as unclassified by general law) and shall, to the extent permitted by the Ohio Constitution, include the employees of all offices, officers, agencies, departments, boards, commissions, or other public bodies, other than separate political subdivisions, that are supported in whole or in part from taxes levied, or other financial assistance provided by, the County.
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SECTION 7.02.04, CLASSIFIED AND UNCLASSIFIED PERSONNEL.

Unclassified personnel shall include all executive directors and administrative directors, executive secretaries, and the Clerk of Council. Classified personnel shall include all other County employees except County Council members and the County Executive.
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SECTION 7.02.05, AUTHORITY OF THE HUMAN RESOURCES COMMISSION.

For all classified employees of the County, the Human Resources Commission shall recommend policy and or carry out oversight responsibilities in respect to:

1. The resolution or disposition of all personnel matters, and appointment of hearing officers to hear employee appeals.
2. Responsibility for the overseeing of countywide compliance with federal and state laws regarding personnel matters for which the County is the reporting unit and for the administration of other personnel matters for which the County is responsible, and for maintenance of records required by law;
3. Pay equity for like positions;
4. Standardization of benefits;
5. Job qualifications;
6. Discipline;
7. Training of employees;
8. Training of management;
9. Training for total quality management;
10. Administration of performance management system;
11. Recruitment;
12. Compliance with ethics resolutions or ordinances passed or adopted by the County Council.

SECTION 7.02.06, EFFECTIVE DATE.

The Human Resources Commission shall become effective thirty (30) days after the County Council assumes office, for the purpose of appointment of members of the Human Resources Commission. The Human Resources Commission shall adopt rules and regulations no later than one hundred eighty (180) days after the full number of Human Resources Commission members has been impaneled, and all authority granted under this article shall be vested in the Human Resources Commission effective two hundred forty (240) days after the impanelment of the full membership of the Commission.
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SECTION 7.03, PLANNING COMMISSION.

The Planning Commission may hold public meetings to determine citizen input for urban and economic development issues, and to conduct public hearings as a part of the subdivision approval process. The Planning Commission shall recommend policy to the County Council and advise the Planning Director.

The Planning Commission shall consist of nine (9) members, two-thirds (2/3) of whom must reside in the unincorporated portion of the County.
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SECTION 7.03.01, REGIONAL PLANNING COMMISSIONS OR JOINT COUNCILS.

As authorized by ordinance, the County Planning Commission may become a member of a regional planning commission or joint planning council with other local government entities.
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SECTION 7.04, BOARD OF CONTROL.

For the purpose of negotiating contracts and agreements on behalf of the County, there shall be established a Board of Control consisting of the County Executive, who shall serve as the chairperson of the Board, the County Auditor, who shall serve as secretary of the Board, and the County Prosecuting Attorney.
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SECTION 7.04.01, DUTIES AND RESPONSIBILITIES.

The County Council shall, by ordinance, authorize the Board of Control to seek bids for contractual agreements with the County. The maximum dollar amount for each contractual agreement shall be established by the County Council, except as established otherwise under Section 3.04 of this Charter.

When so authorized by the County Council, the Board of Control shall seek the lowest and best bid. The County Council shall, by ordinance, establish the advertising and bidding process and procedures for modifying contracts in force. The Board of Control shall keep minutes of all contract deliberations, which shall include the reason or reasons for awarding a contract to a selected firm, agency, or individual.
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SECTION 8.01, TRANSITION.

As established in Title VI of this Charter, the elected offices of County Commissioners, Coroner, Engineer, Recorder, and Sheriff shall be terminated. All appointed officers and employees holding office on the effective date of this Charter shall continue in the performance of their duties until their successors are appointed or until their duties are transferred, altered or abolished in accordance with the provisions of this Charter. All boards and commissions whose functions have not been transferred by this Charter to another agency of county government established by this Charter shall continue to function for one hundred twenty (120) days after the election of the County Executive, at the end of which time they are hereby abolished unless re-established or continued by ordinance. All resolutions and other official actions of the Board of County Commissioners that are in effect on the effective date of this Charter and that are not inconsistent with this Charter shall continue in effect until they are amended, repealed or superseded in accordance with the provisions of this Charter. All rights, claims, actions, orders, obligations, proceedings, contracts and collective bargaining agreements existing on the effective date of this Charter shall not be affected by the adoption of this Charter.
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SECTION 9.01, HOLDING OTHER ELECTED OFFICES.

No elected county official shall hold any other public office except notary public or commission in the National Guard or the reserve military forces of the United States.
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SECTION 9.02, CONDUCTING BUSINESS WITH THE COUNTY.

No elected or appointed County official shall enter into business arrangements, or otherwise personally profit, with or from County government while employed by the County, or within one year after ceasing to be employed by the County.
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SECTION 9.03, TRAVEL EXPENSES.

County employees shall be compensated for mileage when their private vehicles are used for County government business. The rate of compensation shall be the allowable mileage charge permitted for Federal income tax purposes.

Expenses for meals, travel, lodging, shall be reimbursed to County employees, at the direct cost, when overnight stay out of the County is required. The cost of conference fees shall also be reimbursed at the direct rate.
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SECTION 9.04, NEPOTISM.

No person related by blood or legal status, or a person occupying the same household with the County Executive, executive division heads, or administrative department heads, County Council members, including any supervisory staff, shall be employed by the County in a non-classified or non-bargaining unit position if said executive or administrative head would become the employee's direct or indirect supervisor. Persons related by blood shall include parents, children, siblings, nieces, nephews, and first and second cousins. Persons related by legal status shall include the spouses of the above, adopted children, and stepchildren.
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SECTION 9.05, COLLECTIVE BARGAINING.

County employees have the right to form collective bargaining units, as provided by general law. Collective bargaining agreements in force at the time of the effective date of this Charter shall remain unaffected and continue for the life of their term or until amended or revoked according to their terms.

Collective bargaining agreements may incorporate recourse to the Human Resources Commission as an appeal step within the grievance procedure.
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