[R.O. 2016 § 115.010; CC 1994 § 2.305]
The term "officer," whenever used in this Code or any other ordinances of the City, shall include any person holding any situation under the City Government or any of its departments, with an annual salary, or for a definite a term of office other than clerical or professional staff.
[R.O. 2016 § 115.020; CC 1994 § 2.310]
The officers of the City shall consist of the Mayor, City Councilpersons, City Administrator, City Collector, City Clerk, City Counselor/Attorney, City Treasurer, Municipal Judge and such other officers as may be appointed from time to time.
[R.O. 2016 § 115.030; CC 1994 § 2.315; Ord. No. 280-99 § 1, 7-13-1999; Ord. No. 851-09 §§ 1 — 2, 7-14-2009; Ord. No. 1281-19, 2-12-2019]
All officers elected or appointed to offices under the City Government shall be voters under the laws and Constitution of the State. No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid City taxes or forfeiture or defalcation in office.
[R.O. 2016 § 115.040; CC 1994 § 2.320]
Every officer of the City and his/her assistants, and every Councilperson, before entering upon the duties of his/her office, shall take and subscribe to an oath or affirmation before some court of record in the County, or the City Clerk, that he/she possesses all the qualifications prescribed for his/her office by law; that he/she will support the Constitution of the United States and of the State, the provisions of laws of the State affecting Cities of the Third Class, and this Code and all other ordinances of the City, and faithfully demean himself/herself while in office; which official oath or affirmation shall be filed with the City Clerk. If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation, his/her office shall be deemed vacant.
[R.O. 2016 § 115.050; CC 1994 § 2.325]
A. 
Every officer of the City and his/her assistants, when required by law or ordinance, shall, within fifteen (15) days after his/her election or appointment, and before entering upon the discharge of the duties of his/her office, give bond to the City in such sum and with such sureties as may be designated by ordinance, conditioned upon the faithful performance of his/her duties and that he/she will pay over all monies belonging to the City as provided by law, that may come into his/her hands.
B. 
If any person elected or appointed to any office shall fail to give bond as herein required, his/her office shall be deemed vacant.
C. 
For any breach of condition of any such bond, suit may be instituted thereon by the City or by any person in the name of the City for use of such person.
[R.O. 2016 § 115.060; CC 1994 § 2.330]
Upon the bond and oath required in Sections 115.040 and 115.050 being filed with the City Clerk, he/she shall deliver to the person elected or appointed the original of the oath he/she signed, which shall constitute a commission in the name of and signed by the Mayor, under the Seal of the City, authorizing and empowering the person therein named to take office for the time for which he/she is elected or appointed and until his/her successor shall have been elected or appointed and commissioned.
[R.O. 2016 § 115.070; CC 1994 § 2.335]
If any officer of the City shall remove himself/herself therefrom with the intention of residing beyond the City limits, or shall absent himself/herself therefrom for more than sixty (60) days without written permission of the City Council, his/her office shall be declared vacant, and it shall be filled as provided in Section 115.090. However, the City Council, for good cause, may remit any such forfeiture of office, except in case of change of residence.
[R.O. 2016 § 115.080; CC 1994 § 2.340]
Any officer of the City who shall refuse or willfully fail or neglect to perform any duty enjoined upon him/her by law, this Code or any ordinance of the City, or who shall, in the discharge of his/her official duties, be guilty of any fraud, extortion, oppression, favoritism, partiality, willful wrong or injustice, shall be deemed guilty of an offense, and upon conviction thereof, shall be punished as provided in this Code, and may be removed from office by the procedure set forth in this Code.
[R.O. 2016 § 115.090; CC 1994 § 2.370]
If a vacancy occurs in any elective office other than the office of Mayor, a successor to the vacant office shall be selected by appointment by the Mayor with the advice and consent of a majority of the remaining members of the Council. The Council may adopt procedures to fill vacancies consistent with this Section. The successor shall serve until the next regular April election. If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of the same until the first regular meeting of the Council thereafter, at which time the vacancy shall be permanently filled.
[R.O. 2016 § 115.100; CC 1994 § 2.375]
A. 
The Mayor may, with the consent of a majority of all the members elected to the City Council, remove from office, for cause shown, any elective Officer of the City, the Officer being first given opportunity, together with his/her witnesses, to be heard before the Council, sitting as a court of impeachment. Any elective officer may, in like manner, for cause shown, be removed from office by a two-thirds (2/3) vote of all the members elected to the City Council, independently of the Mayor's approval or recommendation.
B. 
The Mayor may, with the consent of a majority of all the members elected to the Council, remove from office any appointive officer of the City at will; and any such appointive officer may be so removed by a two-thirds (2/3) vote of all the members elected to the Council, independently of the Mayor's approval or recommendation.
C. 
The Council may pass ordinances regulating the manner of impeachment and removals.
[R.O. 2016 § 115.110; CC 1994 § 2.380]
Any outgoing officer shall upon vacating his/her office, either by reason of termination of his/her term of office, by resignation, ouster or from any other cause, deliver over to his/her successor, or to the Mayor, all books, papers, furniture and other things pertaining to his/her office that are in his/her official possession or custody which belong to the City.