ARTICLE IV

MAYOR

SECTION 4.01. TERM OF OFFICE.

For the term beginning in January, 1994, and thereafter, the Mayor shall be elected for a term of four (4) years, and assume office on the first day of January following each such election and serve until a successor is elected and qualified. (11-3-1992.)

SECTION 4.02. QUALIFICATIONS.

The Mayor, for one year prior to the time of the filing of a petition for nomination for that office, shall have been a resident and qualified elector of this City, and shall remain so during the term of office. The elected Mayor shall serve full-time, and hold no other elected public office, or public or private employment that would interfere or conflict with duties as Mayor. (11-4-1997; 11-7-2000; 11-2-2004.)

SECTION 4.03. JUDICIAL POWERS.

The Mayor shall have all the judicial powers now or hereafter granted by the laws of Ohio to Mayors of municipalities.

SECTION 4.04. LEGISLATIVE POWERS.

The Mayor shall attend all meetings of Council, and inform Council of the business of the City in the form of a Mayor’s Report. The Mayor may introduce ordinances and resolutions with the endorsement of at least two members of Council, unless such requirement is waived by a majority of Council, and take part in the discussion of all matters coming before the Council, but shall have no vote. (11-4-1997; 11-4-2003.)

SECTION 4.05. EXECUTIVE POWERS.

The Mayor shall be the chief executive, operating, and administrative officer of the City. The Mayor shall administer all the affairs of the City and the conduct and administration of all City departments and divisions except Council. All department and division heads and assistants are to be appointed, promoted, transferred, terminated and otherwise disciplined upon the Mayor's determination, all subject to the requirements of this Charter.

The Mayor shall be the chief conservator of the peace within the City and shall see that all Ohio laws and City ordinances and resolutions are enforced.

The Mayor, shall execute on behalf of the City all contracts, conveyances, evidences of indebtedness, and any other instruments to which the City is a party, except as otherwise required or provided by this Charter or Ohio law.

The Mayor, with the assistance of the Finance Director and the Chairman of the Finance Committee, shall submit an ordinance containing the annual budget and appropriation (a preliminary financial plan for the next fiscal year) to Council for its consideration and approval, no later than the last regular Council meeting in December. The proposed ordinance shall include detailed income and expense statements and shall be accompanied by the Mayor's written comments and by a history of income and expenditures for the two prior years as well as the current year forecast, the proposed budget and a general forecast for the next succeeding four years. Significant changes in projected income and expenses shall be accompanied by written comment. Council may request additional information.

The Mayor shall recommend to Council for adoption such measures as the Mayor may deem necessary or expedient and shall keep the Council advised of the condition, both financial and otherwise, and needs of the City.

Subject to the other provisions of this Charter, the Mayor shall appoint, promote, discipline, transfer, remove, and reduce employees except those who are employees of Council. The Mayor shall also recommend to Council, for its consideration and approval, appropriate levels and subsequent adjustments of salary ranges and compensation of all City positions and employees, and shall implement all employee salaries approved by Council as part of the annual budget appropriation for that year or otherwise, and will notify Council when any approved salary increases are given. (11-4-1997; 11-4-2003; 5-3-2005.)

SECTION 4.05A. APPOINTMENT AND REMOVAL OF DEPARTMENT DIRECTORS AND DIVISION HEADS.

Unless otherwise provided in this Charter: each director of a department or head of the Police or Fire & EMS division shall be appointed by the Mayor; department directors shall be appointed to a term concurrent with the term for which the Mayor is elected; the Mayor’s appointment shall become effective upon confirmation by a majority vote of the members of Council; a director or Police or Fire & EMS division head may be removed from office by the Mayor, which removal shall be preliminarily effective immediately and shall be permanently effective unless rejected by a vote by more than two-thirds of the members of Council. Pending confirmation vote by Council, persons appointed as directors or Police or Fire & EMS division heads shall be considered to be acting directors or Police or Fire & EMS division heads. If the Council vote on confirmation of appointment or rejection or removal is not taken within 21 days after the appointment or removal is announced by the Mayor, the appointment or removal becomes effective without Council action.

The Mayor shall appoint all members of City boards and commissions except as may be otherwise provided in this Charter. (11-2-2004.)

SECTION 4.06. VETO POWERS.

Each ordinance or resolution adopted by Council shall be attested by the Clerk of Council, who shall present it for approval or disapproval to the Mayor within 48 hours after passage by the Council.

If the Mayor approves such legislation, the Mayor shall sign it and file it with the Clerk of Council. If the Mayor disapproves such legislation, the Mayor shall return it with the objections in writing to the Clerk of Council within 10 days after it is presented to the Mayor by the Clerk, which objections shall be entered in full on the journal of Council.

If any ordinance or resolution is not returned by the Mayor within 10 days after it was presented to the Mayor, it shall become effective in the same manner as if the Mayor had signed it.

The Mayor may approve or disapprove the whole of any resolution or ordinance.

Upon the Mayor’s disapproval of any ordinance or resolution, the Council may, no later than at its next regular meeting, reconsider it, and if upon such reconsideration the ordinance, resolution or item is approved by at least two-thirds of the members of Council, it shall take effect notwithstanding the disapproval of the Mayor. (11-3-1992; 11-2-2004.)

SECTION 4.07. VACANCIES.

If the office of Mayor shall become vacant for any reason, the President of Council shall thereupon become Mayor and that person's position as Council member shall become vacant and shall be filled by Council as soon as possible, as provided in Section 3.03. If the vacancy occurs with more than two years remaining in the Mayor’s term, a successor shall then be elected to complete the unexpired term, at a special election on a date, set by Council, no later than 90 days (120 days if another election will occur within the City within that time) after the vacancy occurs; that date may, but need not be, also the date of any other election occurring in the City. The individual who as President of Council became Mayor in the interim may be a candidate for the office of Mayor at that election. (11-4-1997; 11-2-2004.)

SECTION 4.08. MAYOR ELECT.

There is hereby created the position of Mayor Elect, defined as that person elected at the November general election to assume the office of Mayor on the first day of January following such election.

During the period between certification of the Mayoral election by the Board of Elections and the first day of January following such election, the Mayor Elect shall be empowered, subject to other applicable provisions of this Charter and the Codified Ordinances of the City, to appoint department heads and assistants whose terms shall commence concurrent with that of the Mayor and to notify current department heads and assistants that their appointments will not be renewed and that their employment by the City of Aurora will terminate at the end of the last day of December following the November election. (11-4-2003.)