Proposed Charter
FOR THE
City of Dayton
Prepared and Proposed by the Charter Commission
RE PRINTED
for the
BUREAU OF MUNICIPAL RESEARCH,
601-603 Schwind Building
DAYTON, OHIO
COPIES OF THIS PAMPHLET
IN LIMITED QUANTITIES
WILL BE FURNISHED GRATIS
BY THE
BUREAU OF MUNICIPAL RESEARCH
DAYTON. OHIO.
TABLE OF CONTENTS
Sections
Powers of City
Nomination and Election of Commissioners
Initiative, Referendum and Protest
Departments
Department of Law
Department of Public Service
Department of Public Welfare
Department of Public Safety
Department of Finance
Civil Service
Improvements and Assessments
Appropriation of Property
Franchises and Public Utilities
Appropriations
General Provisions
Statement of Charter Commission
To the Voters of Dayton, Ohio:
We submit herewith for your consideration a proposed
charter, framed under authority and in conformity with the
constitution and laws of the State of Ohio.
In the preparation of the charter the Commission has sought information and suggestions from many sources. A number of public meetings have been held at which general discussion was had of what provisions the charter should contain. Charters of other cities have been carefully examined and considered. The Commission has incorporated in this charter all of the provisions which it believed \\rpuld furnish the best charter for our city.
We have taken a step in advance of the Commission governed cities and provided a remedy for the generally acknowledged defect of such forms. We have provided a chief administrative-officer named "The City Manager," whose duty it shall be to supervise and control the conduct and operations of all officers and employes of the city and to manage the affairs of the city in an efficient and economical manner. We are convinced that this centralization of administrative authority will produce business-like methods in city government and fix responsibility for official action that will result in great benefit.
To enable the voters to obtain a comprehensive view of the prominent provisions of this charter, we submit the following brief outline:
The Commission.
The legislative functions are delegated to a Commission of five citizens, elected at large by the people and any and all of whom are subject to recall at all times. At the first election three Commissioners will be elected for four years and two for two years, and thereafter their successors shall be elected for four years. In this manner we insure a Commission at all times familiar with the operation of the city government.
The City Manager.
A competent, experienced, trained and capable person selected on account of his peculiar fitness and ability to manage the affairs of the city.
Nominations and Elections.
(1) Party politics are eliminated. No party designations will appear on the ballot.
(2) Ward lines are abolished. The city is considered as a unit, insuring to all parts of the city equal representation and consideration.
(3) The short ballot principle has been adopted.
(4) Elective officers and the City Manager are subject to recall by the people at all times.
Initiative and Referendum.
Provision has been made whereby the people may initiate legislation and compel the submission to them of any legislation passed or refused to be passed by the Commission. This insures the control of all legislation to the people.
Civil Service Board.
A civil service board of three will be appointed by the Commission for terms of six years, one appointed every two years. The Commission will have authority to see that all officers and employes are appointed on the basis of merit and fitness alone, and will keep a record of their efficiency in the service.
Administrative Departments.
The various functions of the government are subdivided into departments all under the control and jurisdiction of the City Manager. The subdivision is logical and systematic and allows the greatest latitude for the efficient discharge of the functions of the government. Each department will be in charge of a director selected by the City Manager on account of his fitness, integrity and ability.
Accounting and Finance.
In creating the Department of Finance, great care has been exercised to provide for the institution of the best and most modern business methods of accounting. All of the financial affairs of the city are consolidated in this one department. Principles of accounting are laid down and the duty imposed on the Director of Finance to establish them for all administrative departments. An adequate system of accounting, such as herein provided, will prevent the waste of public funds and insure an accurate record of all municipal transactions. An independent continuous audit by certified public accountants, under the direction of the Commission, is also provided, as well as complete compulsory publicity of all financial affairs.
Public Welfare.
A department has been created for the purpose of developing and caring for the welfare of the people. We believe the welfare of the people is as important as the care of their property. Public health, parks and playgrounds, charities and corrections, and recreation are gathered together in this department.
Legal Advertising.
The charter provides a radical departure from the present custom in this regard. It is optional with the Commission to publish all legal notices in a paper published by the city or in a daily newspaper of general circulation. If the latter method is adopted, it shall be done by contract let only after competitive bidding.
Franchises
No exclusive grants are permitted. The Commission may, by ordinance, grant franchises, but all ordinances making grants or renewals shall reserve to the city the power to regulate, the right to terminate, and to purchase the property of the utility.
City Purchasing Agent.
All purchases made by the city are made by an agent appointed for that purpose, who shall purchase supplies after competitive bidding. This will provide an economical and efficient system for purchase of supplies.
In addition to the foregoing provisions, the charter provides :
1. A simplified election system.
2. Elective officials are directly responsible to the people.
3. Responsibility is definitely fixed.
4. An adequate system of accounting is established.
5. The rights of the city in matters relating to franchises and utilities are carefully guarded.
6. The merit system in appointments to public office is assured.
7. Full publicity of public records is provided.
8. Public depositories and interest on public funds is assured.
9. The manner of assessments for improvements has been clearly set forth.
10. The Commission is given authority to settle damage claims without unnecessary cost.
11. An eight-hour law for public work may be provided.
12. Improvements may be made by contract or by direct labor.
These and other features will provide a workable, simplified, and well-balanced system of government.
The members of the Commission have adopted this charter by unanimous vote, believing that if it is adopted by the people, it will provide for Dayton an adequate, economical, and efficient form of government, and one that will be responsive to every demand of the people. The adoption of this charter by the voters will insure to the city a form of government devised to suit its particular needs. If adopted, we will not be compelled to continue under a form of government provided
by the General Assembly, suitable to no particular city in the state, and which is antiquated, cumbersome, and wholly unsuited to the needs of a modern, progressive city like Dayton.
The people of Dayton must choose between the present form of government and the form as expressed in this charter.
THE CHARTER COMMISSION.
THE CHARTER
of the
CITY OF DAYTON
Powers of City.
Section 1. The inhabitants of the city of Dayton, as its limits no\v are, or may hereafter be, shall be a body politic and 1 corporate by name The City of Dayton, and as such shall have perpetual succession ; may use a corporate seal ; may sue and be sued ; may acquire property in fee simple or lesser interest or estate by purchase, gift, devise, appropriation, lease, or lease with the privilege to purchase for any municipal purpose; may sell, lease, hold, manage, and control such property, and make any and all rules and regulations by ordinance or resolution which may be required to carry out fully all the provisions of any conveyance, deed, or will, in relation to any gift or bequest, or the provisions of any lease by which it may acquire property; may acquire, construct, own, lease and operate and regulate public utilities; may assess, levy and collect taxes for general and special purposes on all the subjects or objects which the city may lawfully tax;
may borrow money on the faith and credit of the city by the issue or sale of bonds or notes of the city; may appropriate the money of the city for all lawful purposes; may create, provide for, construct, regulate and maintain all things of the nature of public works and improvements; may levy and collect assessments for local improvements; may license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade ; may define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city, and all nuisances and causes thereof; may regulate the construction, height, and the material used in all buildings, and the maintenance and occupancy thereof; may regulate and control the use, for whatever purposes, of
the streets and other public places; may create, establish, abolish and organize offices and fix the salaries and compensations of all officers and employes; may make and enforce local police, sanitary and other regulations ; and may pass such ordinances as may be expedient for maintaining and promoting the peace, good government and welfare of the city, and
for the performance of the functions thereof. The city shall have all powers that now are, or hereafter may be granted to municipalities by the constitution or laws of Ohio; and all such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed by this charter, or when not prescribed herein, in such manner as shall be provided by ordinances or resolutions of the Commission.
Section 2. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the city shall have, and may exercise, all other powers which, under the constitution and laws of Ohio, it would be competent for this charter specifically to enumerate.
Form of Government.
Section 3. General Description: The form of government provided in this article shall be known as the "Commission-Manager Plan," and shall consist of a commission of five citizens, who shall be elected at large in manner hereinafter provided. The Commission shall constitute the governing
body with powers as hereinafter provided to pass ordinances, adopt regulations, and appoint a chief administrative officer to be known as the "City Manager," and exercise all powers hereinafter provided.
NOMINATION AND ELECTION OF COMMISSIONERS.
Section 4. All Commissioners shall serve for a term of four years and until their successors are elected and have qualified. Except that at the first election the three candidates having the highest number of votes shall serve for four years, and the two candidates having the next highest number of votes shall serve for two years.
Vacancies.
Section 5. Vacancies in the Commission shall be filled by the Commission for the remainder of the unexpired term, but any vacancy resulting from a recall election shall be filled in the manner provided in such case.
Qualifications.
Section 6. Members of the Commission shall be residents of the city and have the qualifications of electors therein. Commissioners and other officers' and employes shall not hold any other public office or employment except in the State Militia, and shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality. Any Commissioner who shall cease to possess any of the qualifications herein required shall forthwith forfeit his office, and any such contract in which any member may become interested may be declared void by the Commission. No Commissioner or other officer or employe of said city shall accept any frank, free ticket, passes or service directly or indirectly, from any person, firm or corporation upon terms more favorable than are granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor. Such prohibition of free service shall not apply to policemen or firemen in uniform or wearing their official badges, where same is provided by ordinance.
ELECTION PROVISIONS.
Nomination by Petition.
Section 7. A. Candidates for Commissioners under the provisions of this charter shall be nominated by a primary election, which shall be held the first Tuesday after the first Monday in September, 1913, and thereafter on the second Tuesday of August of the odd numbered years. The name of any elector of the city shall be printed upon the primary ballot when a petition in the form hereinafter prescribed shall have been filed in his behalf with the Board of Deputy State Supervisors of Election, and such petition shall have been signed by at least two per cent of the total number .of registered voters in the municipality.
B. The signatures to a nominating petition need not all be appended to one paper, but to each separate paper there shall be attached an affidavit of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in his presence and is the genuine signature of the person whose name it purports to be. Each signer of a petition shall sign his name in ink or indelible pencil, and shall place on the petition after his name his place
of residence by street and number.
C. Petition papers shall be in substantially the following form:
Form of Petition Paper.
We, the undersigned, hereby present, whose residence is, Dayton, Ohio, as a
candidate for nomination to the office of Commissioner, to be voted upon at the primary election, to be held on the ___ day of , 19 ; and we individually certify that we have not signed similar petitions greater in number than the number of Commissioners to be chosen at the next general municipal election.
Name 1__
Street and Number
(Space for Signatures)
Montgomery County, \
State of Ohio
____ being duly sworn, deposes and says that he is the circulator of the foregoing petition paper
containing signatures, and that the signatures appended thereto were made in his presence and are the signatures of the persons whose names they purport to be.
(Signed)
Subscribed and sworn to before me this day
of__ , 19__
Notary Public.
This petition, if found insufficient, shall be returned to ____at No.__ Street,
Dayton, Ohio.
D. All nominating papers comprising a petition shall be assembled and filed with the election authorities, as one instrument, at least thirty (30) days prior to the date of holding the primary election with respect to which such petition is filed ; except as hereinafter provided.
E. Any person whose name has been submitted for candidacy by any such petition shall file his acceptance of such candidacy with the election authorities not later than twenty-five (25) days before the day of the primary election, and in the absence of such acceptance the name of the candidate shall not appear on the ballot. Except that at the first primary election held under this charter such petition and such acceptance shall be filed at least ten (10) days before such primary election, and publication for bids for printing the ballots for such first primary election hereunder shall be dispensed with by said Board of Elections, and notices by mail instead shall be sent to all printing offices in the county as is provided by law.
Form of Ballots.
Section 8. All ballots used in all elections held under authority of this charter shall be without party mark or designation.
Except that the crosses here shown shall be omitted, and that in place of the names of persons here shown there shall appear the names of persons who are candidates for nomination, the primary ballots shall be substantially as hereinafter designated. Primary, Regular and Special Election Ballots provided under authority of this charter for the nomination or election of commissioners shall not bear the name of any person or persons or any issue other than those candidates for nomination or election to the office of Commissioner.
Form of Primary Ballot Primary Election
Section 9. Vote for (insert here a number equal to the number of persons to be elected to the office of Commissioner at the next regular municipal election).
If you wrongly mark, tear or deface this ballot, return it and obtain another.
Candidates for Nomination to the Office of Commissioner
X
John Doe
X
Richard Doe
X
Henry Smith
X
George Jones
X
James Richards
The candidates for nomination to the office of Commissioner who shall have received the greatest vote in such primary, election shall be placed on the ballot at the next regular municipal election, in number not to exceed double the number of vacancies in the Commission to be filled.
Ballots for regular municipal elections shall be similar in form to those of primary ballots, except that the words "Regular Municipal Election" shall appear at the top of each ballot, and immediately over the names of the regularly nominated candidates for the office of Commissioner shall appear the words, "For Commissioner."
Rotation of Names on Ballot.
Section 10. The names of candidates on all ballots used in any election held under the authority 6f this charter shall be printed in rotation, as follows:
The ballot shall be printed in as many series as there are candidates for the office of Commissioner. The whole number of ballots to be printed shall be divided by the number of
series and the quotient so obtained shall be the number of ballots in each series. In printing the first series of ballots the names of candidates shall be arranged in alphabetical order. After printing the first series the first name shall be placed last and the next series printed, and the
process shall be repeated until each name in the list shall have been printed an equal number of times. The ballots so printed shall then be combined in tablets, so as to have the fewest
possible ballots having the same order of names printed there-on together in the same tablet.
Counting the Votes.
Section 11. At any regular municipal election held under the provision of this charter the candidates for the office of Commissioner in number equal to the vacancies to be filled,
who shall have received the greatest number of votes cast, shall be declared elected. A tie between two or more candidates for the office of Commissioner shall be decided by lot
under the direction of the election authorities, as provided by General Election Laws of the State of Ohio.
Regular and Special Elections.
Section 12. A regular election for the choice of Commissioners provided for in this charter shall be held on the first Tuesday after the first Monday in November, 1913, and on the first Tuesday after the first Monday in November in each second year thereafter. Elections so held shall be known as
regular municipal elections. All other elections held under the provisions of this charter, excepting those for the nomination of candidates for the office of Commissioner, shall be known as special municipal elections. All elections shall be conducted and the results canvassed and announced by the election authorities prescribed' by General Election Laws, and, except as otherwise provided herein, the General Election Laws shall control in all such elections.
Recall Elections.
Section 13. Any or all of the Commissioners, or the City Manager, provided for in this charter may be removed from office by the electors. The procedure to effect such removal
shall be as follows:
A petition demanding that the question of removing such officer or officers be submitted to the electors shall be filed with the clerk of the Commission.
Such petition for the recall of any or all of the Commissioners or the City Manager shall be signed by at least twenty-five (25) per cent of the total number of registered voters in the municipality.
The signatures to such petitions need not be appended to any one paper.
Section 14. Petition papers shall be procured only from the Clerk of the Commission, who shall keep a sufficient number of such blank petitions on file for distribution as herein provided. Prior to the issuance of such petition papers an affidavit shall be made by one or more qualified electors and filed with the Clerk of the Commission, stating the name and office of the officer or officers sought to be removed. The Clerk of the Commission, upon issuing any such petition papers to an elector, shall enter in a record, to be kept in his office, the name of the elector to whom issued, the date of such issuance, and the number of papers issued, and shall certify on such papers the name of' the elector to whom issued and the date issued. To petition papers so issued shall be accepted as part of the petition unless it bears such certificate of the Clerk of the Commission and unless it be filed as provided herein.
Section 15. Each signer of a recall petition shall sign his name in ink or indelible pencil and shall place thereon after his name his place of residence by street and number. To each such petition paper there shall be attached an affidavit of the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper was made in his presence and is the genuine signature of the person whose name it purports to be.
Section 16. All papers comprising a recall petition shall be assembled and filed with the Clerk of the Commission as one instrument within thirty (30) days after the filing with the Clerk of the Commission of the affidavit stating the name and office of the officer sought to be removed.
Section 17. The Clerk of the Commission shall at once submit the recall petition to the Commissioners and shall notify the officer sought to be recalled of such action. If the
official whose removal is sought does not resign within five (5) days after such notice, the Commission -shall thereupon order and fix a day for holding a recall election. Any such
election shall be held not less than forty (40) nor more than sixty (60) days after the petition has been presented to the Commission, at the same time as any other general or special election held within such period; but if no such election be held within such period, the Commission shall call a special recall election to be held within the time aforesaid.
Section 18. The ballots at such recall elections shall conform to the following requirements :
With respect to each person whose removal is sought the question shall be submitted, "Shall (Name of person) be removed from the office of (Name of office) by recall?"
Immediately following each such question there shall be printed on the ballots the two propositions, in the order set forth:
For the recall of (Name of person).
Against the recall of (Name of person).
Immediately to the left of the proposition shall be placed a square in which the electors, by making a cross mark (X), may vote for either of such propositions. Under said questions shall be placed the names of candidates to fill the vacancy or vacancies. The name of the officer or officers whose removal is sought shall not appear on the ballot as a candidate or candidates to succeed himself or themselves.
Before any such recall election for the removal of Commissioners shall be had, there shall be nominated candidates to fill the vacancy or vacancies, the nominations therefor to be made by petition, which petition for each candidate shall be signed by at least five (5) per cent of the registered electors of the City of Dayton, and shall be filed with the election authorities of the City of Dayton at least thirty (30) days prior to the date fixed for holding such recall election; and the form and requirements for said petition and acceptance by candidates shall be the same as hereinbefore provided in the case of primary nominations. In the event of the recall of the City
Manager, his successor shall be appointed by the Commission.
Section 19. Should a majority of the votes cast at a recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes cast at a recall election shall be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office.
Section 20. No recall petition shall be filed against a Commissioner or the City Manager within six (6) months after he takes his office, nor in case of an officer re-elected in a recall election until she (6) months after that election.
INITIATIVE, REFERENDUM AND PROTEST
Section 21. Any proposed ordinance may be submitted to the Commission by petition signed by at least ten (10) per cent of the total number of registered voters in the municipality. All petition papers, circulated with respect to any proposed ordinance, shall be uniform in character and shall contain the proposed ordinance in full, and have printed or written there-on the names and addresses of at least five electors who shall be officially regarded as filing the petition and shall constitute a committee of the petitioners for the purposes hereinafter named.
Section 22. Each signer of a petition shall sign his name in ink or indelible pencil and shall place on the petition paper after his name his place of residence by street and number. The signatures to any such petition paper need not all be appended to one paper, but to each such paper there shall be attached an affidavit by the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and was made in the presence of the affiant.
Section 23. All papers comprising a petition shall be assembled and filed with the Clerk of the Commission as one instrument, and when so filed the Clerk of the Commission shall submit the proposed ordinance to the Commission at its next regular meeting. Provision shall be made for public hearings upon the proposed ordinance.
Section 24. The Commission shall at once proceed to consider it and shall take final action thereon within thirty (30) days from the date of submission. If the Commission rejects the proposed ordinance, or passes it in a form different from that set forth in the petition, the committee of the petitioners may require that it be submitted to a vote of the electors in its original form or that it be submitted to a vote of the electors with any proposed change, addition, or amendment, if a petition for such election is presented bearing additional signatures of fifteen (15) per cent of the electors of the city.
Section 25. When an ordinance proposed by petition is to be submitted to a vote of the electors, the committee of the petitioners shall certify that fact and the proposed ordinance to the Clerk of the Commission within twenty (20) days after the final action on such proposed ordinance by the Commission.
Section 26. Upon receipt of the certificate and certified copy of the proposed ordinance, the Clerk shall certify the fact to the Commission at its next regular meeting. If an election is to be held not more than six months nor less than thirty (30) days after the receipt of the Clerk's certificate by the Commission, such proposed ordinance shall then be submitted to a vote of the electors. If no such election is to be held within the time aforesaid, the Commission shall provide for submit-
ting the proposed ordinance to the electors at a special election.
Section 27. The ballots used when voting upon any such proposed ordinance shall state the title of the ordinance to be voted on and below it the two propositions, "For the Ordinance" and "Against the Ordinance." Immediately at the left of each proposition there shall be a square in which, by making a cross (X), the voter may vote for or against the proposed ordinance. If a majority of the electors voting on any such proposed ordinance shall vote in favor thereof, it shall
thereupon become an ordinance of the city.
Section 28. Proposed ordinances for repealing any existing ordinance or ordinances, in whole or in part, may be submitted to the Commission as provided in the preceding sections for initiating ordinances. Initiated ordinances adopted by the electors shall be published and may be amended or repealed by the Commission as in the case of other ordinances.
Section 29. No ordinance passed by the Commission, unless it be an emergency measure, shall go into effect until thirty (30) days after its final passage by the Commission. If, at any time within said thirty (30) days, a petition signed by twenty-five (25) per cent of the total number of registered voters in the municipality be filed with the Clerk of the Commission requesting that any such ordinance be repealed or submitted to a vote of the electors, it shall not become operative until the steps indicated herein have been taken.
Section 30. The Clerk of the Commission shall deliver the petition to the Commission, which shall proceed to reconsider the ordinance. If, upon such reconsideration, the ordinance be not entirely repealed, the Commission shall provide for submitting it to a vote of the electors, and in so doing the Commission shall be governed by the provisions of Sections 25, 26 and 27 hereof, respecting the time of submission and of manner of voting on ordinances proposed to the Commission by petition. If, when submitted to a vote of the electors, any such ordinance be not approved by a majority of those voting thereon, it shall be deemed repealed.
Section 31. Referendum petitions need not contain the text of the ordinances, the repeal of which is sought, but shall be subject in all other respects to the requirements for petitions submitting proposed ordinances to the Commission. Ballots used in referendum elections shall conform in all respects to those provided for in Section 27 of this charter.
Ordinances.
Section 32. Ordinances submitted to the Commission by initiative petition and passed by the Commission without change, or passed in an amended form and not required to be submitted to a vote of the electors by the committee of the petitioners, shall be subject to the referendum in the same manner as other ordinances.
Conflicting Ordinances.
Section 33. If the provisions of two or more ordinances adopted or approved at the same election conflict, the ordinance receiving the highest affirmative vote shall prevail.
Referendum on Emergency Measures.
Section 34. Ordinances passed as emergency measures shall be subject to referendum in like manner as other ordinances, except that they shall go into effect at the time indicated in such ordinances. If, when submitted to a vote of the electors, an emergency measure be not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action there under; but such measure so repealed shall be deemed sufficient authority for payment in accordance with the ordinance, of any expense incurred previous to the referendum vote thereon,
Referendum Preliminary Action.
Section 35. In case a petition be filed requiring that a measure passed by the Commission providing for an expenditure of money, a bond issue, or a public improvement be submitted to a vote of the electors, all steps preliminary to such actual expenditure, actual issuance of bonds, or actual execution of a contract for such improvement, may be taken prior to the election.
Mayor
Section 36. The Mayor shall be that member of the Commission who, at tire regular municipal election at which the three Commissioners were elected, received the highest number of votes, except that at the first regular municipal election held under this charter the Mayor shall be the Commissioner receiving the highest number of votes. In case two candidates receive the same number of votes, one of them shall be chosen Mayor by the remaining members of the Commission. In event of a vacancy in the office of Mayor, the remaining
members of the Commission shall choose his successor for the unexpired term from their own number. The Mayor shall be the presiding officer, except that in his absence a president
protempore may be chosen. The Mayor shall exercise such powers conferred and perform all duties imposed upon him by this charter, the ordinances of the city and the laws of the state. He shall be recognized as the official head of the city by the courts for the purpose of serving civil processes, by the Governor for the purposes of the military law, and for all ceremonial purposes.
Section 37. In the event the Commissioner who is acting as Mayor shall be recalled, the remaining members of the Commission shall select one of their number to serve as Mayor for the unexpired term. In the event of the recall of all of the Commissioners, the person receiving the highest number of votes at the election held to determine their successors shall serve as the Mayor.
Salaries and Attendance
Section 38. The salary of each Commissioner shall be $1200 per annum, except that of the Mayor, who shall receive $1800 per annum.
For each absence of a Commissioner from a regular meeting of the Commission, unless authorized by a majority vote of all members thereof, there shall be deducted a sum equal to one per cent (1%) of the annual salary of such member. Absence from five (5) consecutive regular meetings shall operate to vacate the seat of a member unless such absence be authorized by the Commission.
Meetings of the Commission
Section 39. At ten o'clock A. M. on the first Monday in January, following a regular municipal election, the Commission shall meet at the usual place for holding the meetings of the legislative body of the city, at which time the newly-elected Commissioners shall assume the duties of their office.
Thereafter the Commissioners shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each week. The Mayor, any two members of the Commission, or the City Manager, may call special meetings of the Commission upon at least twelve (12) hour's written notice to each member of the Commission, served personally on each member or left at his usual place of residence. All -meetings of the Commission shall be public and any citizen shall have access to the minutes and records thereof at all reasonable times. The Commission shall determine its own rules and order of business and shall keep a journal of its proceedings.
Legislative Procedure
Section 40. The Commission shall be judge of the election and qualifications of its members. A majority of all members elected shall constitute a quorum to do business. The affirmative vote of a majority of the members elected to the Commission shall be necessary to adopt any ordinance or resolution. The vote upon the passage of all ordinances and upon the adoption of such resolutions as the Commission by its rules shall prescribe, shall be taken by "Yea" and "Nay"
and entered upon the journal. Every ordinance or resolution passed by the Commission shall be signed by the Mayor or two members, and filed with the Clerk within two days and by him recorded.
Ordinance Enactment
Section 41. Each proposed ordinance or resolution shall be introduced in written or printed form, and shall not contain more than one subject, which shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are to be appropriated. The enacting clause of all ordinances passed by the Commission shall be, "Be it ordained by the Commission of the City of Dayton." The enacting clause of all ordinances submitted by the initiative shall be, "Be it ordained by the people of the City of Dayton."
No ordinance, unless it be declared an emergency measure, shall be passed on the day on which it shall have been introduced, unless so ordered by an affirmative vote of four (4) members of the Commission.
No ordinance or resolution or section thereof shall be revised or amended, unless the new ordinance or resolution contain the entire ordinance or resolution or section revised or amended and the original ordinance, resolution, section or sections so amended shall be repealed.
Emergency Measures
Section 42. All ordinances and resolutions shall be in effect from and after thirty (30) days from the date of their passage by the Commission, except as otherwise provided in this charter. The Commission may, by an affirmative vote of not less than four members, pass emergency measures to take effect at the time indicated therein. An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health or safety, or providing for the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money may be passed as
emergency measures, but no measure making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its services by any public utility, shall ever be passed as an emergency measure.
Clerk
Section 43. The Commission shall choose a Clerk and such other officers and employes of its own body as are necessary. The Clerk shall be known as the Clerk of the Commission and shall keep records and perform such other duties as may be required by this charter or the Commission.
Audit and Examination
Section 44. The Commission shall cause a continuous audit to be made of the books of account, records and transactions of the administrative departments of the city. Such audit, during each fiscal year shall be made by one or more certified public accountants who hold a certificate issued by the State Board of Accountancy of Ohio or by a state maintaining an equal standard of professional requirements, which entitles the holder of such certificate to an Ohio certificate.
The duties of the auditor or auditors so appointed shall include the certifications of all statements required under section 78 of this charter. Such statements shall include a general balance sheet, exhibiting the assets and liabilities of the city, supported by departmental schedules, and schedules for each utility publicly owned or operated ; summaries of income and expenditure, supported by detailed schedules; and also comparisons, in proper classifications, with the last previous year. The report of such audit for each previous year shall be printed and a copy thereof furnished to the Ohio State Bureau of Inspection and Supervision of Public Offices, to each member of the Commission and to each citizen who may apply therefor; and a condensed summary thereof shall be published in the manner provided by the Commission.
Publication
Section 45. Every ordinance or resolution upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signature of the presiding officer and the clerk of the Commission. Every ordinance or resolution shall be published at least once within ten (10)
days after its final passage in such manner as is provided by this charter.
Investigation by Commission
Section 46. The Commission, or any committee thereof duly authorized by the Commission so to do, may investigate the financial transactions of any office or department of the city government and the official acts and conduct of any city official, and by similar investigations may secure information upon any matter. In conducting such investigations the Commission, or any committee thereof, may compel the attendance of witnesses and the production of books, papers
and other evidence, and for that purpose may issue subpoenas or attachments which shall be signed by the presiding officer of the Commission or the chairman of such committee, as the
case may be, which may be served and executed by any officer authorized by law to serve subpoenas and other process. If any witness shall refuse to testify to any facts within his knowledge or to produce any papers or books in his possession, or under his control, relating to the matter under inquiry, before the Commission, or any such committee, the Commission shall have the power to cause the witness to be punished as for contempt. No witness shall be excused from testifying touching his knowledge of the matter under investigation in any such inquiry, but such testimony shall not be used against him in any criminal prosecution except for
perjury committed upon such inquiry.
City Manager
Section 47. The Commission shall appoint a City Manager who shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments. He shall be appointed without regard to his political beliefs and may or may not be a resident of the City of Dayton when appointed. He shall hold office at the will of the Commission and shall be subject to recall as herein provided.
Section 48. Powers and Duties of the City Manager. The powers and duties of the~ City Manager shall be
(a) To see that the laws and ordinances are enforced.
(b) To appoint and, except as herein provided, remove all directors of departments and all subordinate officers and employes in the departments in both the classified and unclassified service; all appointments to be upon merit and fitness alone, and in the classified service all appointments and removals to be subject to the civil service provisions of this charter;
(c) 10 exercise control over all departments and divisions created herein or that may be hereafter created by the Commission ;
(d) To attend all meetings of the Commission with the right to take part in the discussion but having no vote;
(e) To recommend to the Commission for adoption such measures as he may deem necessary or expedient;
(f) To keep the Commission fully advised as to the financial condition and needs of the city; and
(g) To perform such other duties as may be prescribed by this charter or be required of him by ordinance or resolution of the Commission.
Salary
Section 49. The City Manager shall receive such salary as may be fixed by ordinance of the Commission.
Investigations by the City Manager
Section 50. The City Manager may without notice cause the affairs of any department or the conduct of any officer or employe to be examined. Any person or persons appointed by the City Manager to examine the affairs of any department or the conduct of any officer or employe shall have the same power to compel the attendance of witnesses and the production of books and papers and other evidence and to cause witnesses to be punished for contempt as is conferred upon the Commission by this charter.
DEPARTMENTS
Departments Established
Section 51. The following administrative departments are hereby established by this charter:
1. Department of Law.
2. Department of Public Service.
3. Department of Public Welfare.
4. Department of Public Safety.
5. Department of Finance.
Changes in Departments and Subdivisions Thereof
Section 52. The Commission may by ordinance discontinue any department and determine, combine, and distribute the functions and duties of departments and subdivisions thereof.
Directors of Departments
Section 53. A director for each department shall be appointed by the City Manager and shall serve until removed by the City Manager or until his successor is appointed and has qualified, lie shall conduct the affairs of his department in accordance with the rules and regulations made by the City Manager and shall be responsible for the conduct of the officers and employes of his department, for the performance of its business, and for the custody and preservation of the books, records, papers, and property under its control. Subject to the supervision and control of the City Manager in all matters, the director of each department shall manage the department.
City Commission and Advisory Boards
Section 54. The Commission may appoint a City Plan Board and upon the request of the City Manager shall appoint advisory boards. The members of such boards shall serve without compensation and their duty shall be to consult and advise with the various departments. The duties and powers thus created shall be prescribed by ordinance.
DEPARTMENT OF LAW
City Attorney
Section 55. The City Attorney shall be an attorney at law admitted to practice in the State of Ohio and shall be the head of the Department of Law. He shall be the legal adviser of and attorney and counsel for the city, and for all officers and departments thereof in matters relating to their official duties. He shall prosecute and defend all suits for and in behalf of the city, and shall prepare all contracts, bonds and other instruments in writing in which the city is concerned and shall endorse on each his approval of the form and correctness thereof.
Section 56. The City Attorney shall be the prosecuting attorney of the municipal court. He shall have such number of assistants as the Commission by ordinance may authorize. He shall prosecute all cases brought before such court and perform the same duties, so far as they are applicable thereto, as are required of the prosecuting attorney of the county.
Section 57. When required to do so by resolution of the Commission, the City Attorney shall prosecute or defend for and in behalf of the city, all complaints, suits and controversies in which the city is a party, and such other suits, matters and controversies as he shall, by resolution or ordinance, be directed to prosecute or defend.
Section 58. The Commission, the City Manager, the director of any department, or any officer or board not included within a department, may require the opinion of the City Attorney upon any question of law involving their respective powers and duties.
Section 59. The City Attorney shall apply, in the name of the city, to a court of competent jurisdiction for an order of injunction to restrain the misapplication of funds of the city, or the abuse of its corporate powers, or the execution or performance of any contract made in behalf of the city in contravention of law, or which was procured by fraud or corruption.
Section 60. When an obligation or contract made on behalf of the city granting a right or easement, or creating a public duty, is being evaded or violated, the City Attorney shall likewise apply for the forfeiture or the specific performance thereof as the nature of the case requires.
Section 61. In case any officer or Board fail to perform any duty required by law, the City Attorney shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty.
Section 62. In case the City Attorney, upon written request of any taxpayer of the city, fail to make any application provided for in the preceding three sections, such taxpayer may institute suit or proceedings for such purpose in his own name on behalf of the city. No such suit or proceeding
shall be entertained by any court until such request to the City Attorney shall first have been made, nor until the taxpayer shall have given security for the costs of the proceeding.
Section 63. No such action to enjoin the performance of a contract entered into, or the payment of any bonds or notes issued by the city, shall be brought or maintained unless commenced within one year from the date of such contract, bonds or notes.
Section 64. If the court hearing any such action be satisfied that the taxpayer had good cause to believe his allegations were well founded, or that they are sufficient in law, it shall make such order as the equity and justice of the case demand.
In such case the taxpayer shall be allowed his costs, and if judgment be finally entered in his favor, he may be allowed as part of the costs a reasonable compensation for his attorney.
City Attorney to Act as City Solicitor.
Section 65. In addition to the duties imposed upon the City Attorney by this charter or required of him by ordinance, he shall perform the duties which are imposed upon city solicitors by the general law of the state, beyond the competence of this charter to alter or require.
DEPARTMENT OF PUBLIC SERVICE.
General Powers and Duties
Section 66. Subject to the supervision and control of the City Manager in all matters, the Director, of Public Service shall manage and have charge of the construction, improvement, repair, and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts, and other public highways ; of sewers, drains, ditches, culverts, canals, streams, and water courses; of all public buildings; of boulevards, squares, and other public places and grounds belonging to the city or dedicated
to public use, except parks and playgrounds. He shall manage market houses, sewage disposal plants and farms and all public utilities of the city. He shall have charge of the enforcement of all the obligations of privately owned or operated public utilities enforceable by the city. He shall have charge of the making and preservation of all surveys, maps, plans, drawings, and estimates for such public work; the cleaning, sprinkling, and lighting of streets and public places; the collection and disposal of waste; the preservation of contracts, papers, plans, tools, and appliances belonging to the city and pertaining to the department.
DEPARTMENT OF PUBLIC WELFARE.
General Powers and Duties
Section 67. Subject to the supervision and control of the City Manager in all matters, the Director of Public Welfare shall manage all charitable, correctional, and reformatory institutions and agencies belonging to the city; the use of all recreational facilities of the city including parks and playgrounds. He shall have charge of the inspection and supervision of all public amusements and entertainments. He shall enforce all laws, ordinances, and regulations relative to the preservation and promotion of the public health, the prevention and restriction of disease, the prevention, abatement and suppression of nuisances, and the sanitary inspection and supervision of the production, transportation, storage, and sale of food and foodstuffs. He shall cause a complete and accurate system-of vital statistics to be kept. In time of epidemic, or threatened epidemic, he may enforce such quarantine and isolation regulations as are appropriate to the
emergency. The Director of Public Welfare shall provide for the study of and research into causes of poverty, delinquency, crime and disease and other social problems in the community and shall by means of lectures and exhibits promote the education and understanding of the community in
those matters which affect the public welfare.
Health Officer
Section 68. The Health Officer of the city shall be under the direction and control of the director of public welfare and shall enforce all ordinances and laws relating to health and shall perform all duties and have all the powers provided by general law relative to the public health to be exercised in municipalities by health officers; provided that regulations affecting the public health additional to those established by general law and for the violation of which penalties are imposed shall be enacted by the Commission and enforced as provided herein.
DEPARTMENT OF PUBLIC SAFETY
General Powers and Duties.
Section 69. Subject to the supervision and control of the City Manager in all matters, the Director of Public Safety shall be the executive head of the divisions of police and fire. He shall also be the chief administrative authority in all matters affecting the inspection and regulation of the erection, maintenance, repair, and occupancy of buildings as may be ordained by the Commission or established by the general law of the State of Ohio. He shall also be charged with the enforcement of all laws and ordinances relating to weights and measures.
Division of Police
Section 70. The Chief of Police shall have exclusive control of the stationing and transfer of all patrolmen and other officers and employes constituting the police force, under such rules and regulations as the director of public safety may prescribe. The police force shall be composed of a chief of police and such officers, patrolmen, and other employes as the City Manager may determine. In case of riot, emergency, at time of elections or similar occasions, the Director
of Public Safety may appoint additional patrolmen and officers for temporary service who need not be in the classified service.
Section 71. No person shall act as special policeman, special detective, or other special police officer for any purpose whatsoever, except upon written authority from the Director of Public Safety. Such authority shall be exercised only under the direction and control of the Chief of Police and for a specified time.
Division of Fire.
Section 72. The fire chief shall have exclusive control of the stationing and transfer of all firemen and other officers and employes constituting the fire force under such rules and regulations as the Director of Public Safety may prescribe. The fire force shall be composed of a chief and such other officers, firemen, and employes as the City Manager may determine. In case of riot, conflagration, or emergency, the Director of Public Safety may appoint additional firemen and officers for temporary service who need not be in the classified service.
Supervision in Fire and Police Divisions
Section 73. The Chief of Police and Fire Chief shall have the right to suspend any of the officers or employes in their respective divisions, who may be under their management and control, for incompetence, neglect of duty, immorality, drunkeness, failure to obey orders given by proper authority or for any other just and reasonable cause. If any officer or employe be suspended, as herein provided, the chief of the division concerned shall forthwith in writing certify the fact, together with the cause for the suspension and render judgment thereon, which judgment, if the charge be sustained, may be suspension, reduction in rank, or dismissal, and such judgment in the matter shall be final, except as may be provided in the rules and regulations of the Civil Service Board.
The Director of Public Safety in any such investigation shall have the same power to administer oaths and secure the attendance of witnesses and the production of books and papers as is conferred upon the Commission.
Suspension of Chief of Police and Fire Chief
Section 74. The City Manager shall have the exclusive right to suspend the Chief of Police and Fire Chief for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause, If either of such chiefs be so suspended the City Manager shall forthwith certify the fact, together with the cause of suspension, to the Commission, who within five (5) days from the date of receipt of such notice,
shall proceed to hear such charges and render judgment thereon which judgment shall be final.
Relief of Policemen and Firemen
Section 75. The Commission may provide by general ordinance for the relief, out of the police or fire funds, of members of the divisions of police and fire, temporarily or permanently disabled in the discharge of their duty. Nothing herein shall impair, restrict, or repeal any provision of general law authorizing the levying of taxes to provide for firemen, police, and sanitary police pension funds, and to create and perpetuate boards of trustees for the administration of such funds.
DEPARTMENT OF FINANCE
General Duties of the Director of Finance
Section 76. The duties of the Director of Finance shall include the keeping and supervision of all accounts and the custody of all public money of the city ; the purchase, storage and distribution of supplies needed by the various departments; the making and collection of special assessments; the issuance of licenses; the collection of license fees, and such other duties as the Commission may, by ordinance, require.
City Accountant
Section 77. The City Accountant shall install and have supervision over the accounts of all departments and offices of the city. Whenever practicable the books of financial account shall be kept in the office of the Department of Finance. The City Accountant shall require daily departmen
tal reports of money receipts and the disposition thereof; and shall require of each, in such form as may be prescribed, current financial and operating statements exhibiting each transaction and the cost thereof.
Upon the death, resignation, removal or expiration of the term of any officer, the City Accountant shall examine the accounts of such officer and report his findings to the City Manager.
Accounting Procedure
Section 78. Accounting procedure shall be devised and maintained for the city adequate to record in detail all transactions affecting the acquisition, custodianship, and disposition of values, including cash receipts and disbursements; and the recorded facts shall be presented periodically to officials and to the public in such summaries and analytical schedules in detailed support thereof as shall be necessary to show the full effect of such transactions for each fiscal year upon the finances of the city and in relation to each department of the city government, including distinct summaries and schedules for each public utility owned and operated.
Assessments and Licenses
Section 79. The City Accountant shall have charge of the preparation and certification of all special assessments for public improvements; the mailing of notices of such assessments to property owners and all other duties connected therewith; the collection of such assessments as are payable directly to the city and the preparation and certification of all unpaid assessments to the county auditor for collection. He shall issue all licenses and collect all fees therefor and shall
pay the same to the City Treasurer in the manner provided by ordinance.
Payment of Claims
Section 80. No warrant for the payment of any claim shall be issued by the City Accountant unless such claim shall be evidenced by a voucher approved by the head of the department for which the indebtedness was incurred and counter-signed by the City Manager. Before issuing such voucher the supplies and materials delivered, or work done, shall be duly inspected and certified to by the head of the proper department or office, or by a person designated by him. The head of each department or office shall require proper time reports from all service rendered to be certified by those having cognizance thereof, to serve as a basis for the preparation of pay-roll vouchers. Each director of a department and his surety shall be liable to the city for all loss or damage sustained by the city by reason of the negligent or corrupt approval of any claim against the city in his department. Prior to drawing of a warrant for the payment of any voucher or claim, the City Accountant may at his discretion cause an investigation or inspection to be made by a person designated by him, and shall have power to summon persons and examine them under oath or affirmation, which oath or affirmation he may administer.
Sinking Fund
Section 81. The members of the Commission, the City Manager, and the Director of Finance shall constitute the Sinking Fund Trustees. The Mayor shall be the president and the Director of Finance shall be the secretary of the Trustees of the Sinking Fund. The Trustees of the Sinking
Fund shall manage and control the sinking fund in the manner provided by laws of the State of Ohio or by ordinance.
City Treasurer
Section 82. The division of the treasury shall be in charge of the City Treasurer who shall be the custodian of all public money of the city and all other public money coming into his hands as City Treasurer. The City Treasurer shall keep and preserve such moneys in the place or places determined by ordinance or by the provisions of any law applicable thereto.
Section 83. Except as otherwise provided in this charter, the City Treasurer shall, under the supervision of the Director of Finance, collect, receive and disburse all public money of the city upon warrant issued by the City Accountant and shall also receive and disburse all other public money, coming into his hands as City Treasurer, in pursuance of such regulations as may be prescribed by the authorities having lawful control over such funds.
City Purchasing Agent
Section 84. The City Purchasing Agent shall, in manner provided by ordinance, purchase all supplies for the city, sell all real and personal property of the city not needed or unsuitable for public use or that may have been condemned as useless by the director of a department. He shall have charge of such storerooms and storehouses of the city as may be provided by ordinance, in which shall be stored all supplies and materials purchased by the city and not delivered directly to the various departments, and he shall inspect all supplies delivered to determine quality and quantity and conformance with specifications, and no voucher shall be honored unless the accompanying invoice shall be indorsed as approved by the City Purchasing Agent.
Section 85. The City Purchasing Agent may require from the director of each department at such times as contracts for supplies are to be let, a requisition for the quantity and kind of supplies to be paid for from the appropriations of the department.
Upon certification that funds are available in the proper appropriations such goods shall be purchased and shall be paid for from funds in the proper department for that purpose. However, this procedure shall not prejudice the City Purchasing Agent from purchasing goods for cash to the credit of the store's account, to be furnished the several departments on requisition, goods so furnished to be paid for by the department furnished therewith by warrant made payable to the credit of the store's account.
The City Purchasing Agent shall not furnish any supplies to or purchase any supplies for any department unless there be to the credit of such department an available appropriation balance in excess of all unpaid obligations sufficient to pay for such supplies.
Before making any purchase or sale, the City Purchasing Agent shall give opportunity for competition, all proposals to be upon precise specifications, and under such rules and regulations as the Commission shall establish. Each order of purchase or sale to be approved and countersigned by the City Manager or his deputy.
Emergencies
Section 86. In cases of emergency purchases may be made without competition, if a sufficient appropriation has theretofore been made against which such purchases may lawfully be charged. In such cases a copy of the order issued shall be filed with the City Purchasing Agent, together with a certificate by the head of the department, stating the facts of the emergency. A copy of this certificate shall also be attached to and filed with the voucher covering payment for the supplies.
Certification of Funds
Section 87. No contract, agreement or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the Commission, or be authorized by any officer of the city, unless the Director of Finance first certify to the Commission or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure, is in the treasury, to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the city is discharged from the contract, agreement, or obligation.
Money in the Fund
Section 88. All moneys actually in the treasury to the credit of the fund from which they are to be drawn, and all moneys applicable to the payment of the obligation or appropriation involved, that are anticipated to come into the treasury before the maturity of such contract, agreement, or obligation, from taxes or assessments, or from sales or services, products or by-products or from any city undertaking, fees, charges, accounts and bills receivable or other credits in the process of collection; and all moneys applicable to the payment of such obligation or appropriation, which are to be paid into the treasury prior to the maturity thereof, arising from the sale or lease of lands or other property, and moneys to be derived from lawfully authorized bonds sold and in process of delivery shall, for the purposes of such certificate, be deemed in the treasury to the credit of the appropriate fund and subject to such certification.
Contracts for Public Advertising
Section 89. All public advertising or publication necessary under the provisions of this charter shall be in a daily newspaper of general circulation within the city, and shall be done by contract, or in a journal published by the city as may be determined by ordinance. If such contract shall be with a newspaper it shall be entered into only after opportunity has been given for competition under such rules and regulations as the Commission may establish and for a term of not longer than one year.
Contracts in Excess of $500
