Charter

Article I - Incorporation, Powers and Form of Government
Article II - Legislative Authority
Article III - Executive
Article IV - Administrative Officers and Departments
Article V - Boards and Commissions
Article VI - Taxation and Finance Power to Tax, Spend and Incur Debts
Article VII - Nominations, Elections and Removal
Article VIII - Initiative and Referendum
Article IX - Transition Between City and Village Status
Article X - Transition upon Adoption of Charter
Article XI - General Provisions

Incorporation, Powers and Form of Government

Section 1.01 Preamble: WE THE PEOPLE of St. Bernard, Ohio, in order to secure home rule, provide efficient and fair methods of administering the affairs of the community, ensure the continuation of our present form of government, and provide the best possible protection for the health, safety, and welfare of the community, do hereby adopt this Charter.

Section 1.02 Incorporation: The municipal corporation now existing in the County of Hamilton, State of Ohio, and known as the City of St. Bernard, and hereinafter referred to as the "municipality" shall be and continue to be a municipal corporation with all the privileges and powers pertaining thereto. The provisions of this Charter shall apply whether St. Bernard is classified as a city or a village under Ohio law.

Section 1.03 Powers: The Municipality shall have all powers, privileges, and benefits of local self-government and home rule and all other powers accorded to a municipality under the Constitution and general laws of the State of Ohio now or hereafter in effect. All such powers shall be exercised in the manner prescribed by this Charter or, if not prescribed herein, in such manner as shall be provided by ordinances or resolution. The general laws of the State of Ohio not inconsistent with the Charter, or with ordinances of St. Bernard, shall have the force and effect of ordinances of the Municipality. The enumeration of particular and specific powers in this Charter shall not be deemed to exclude other powers to which the Municipality is now or hereafter becomes entitled under the Constitution and general laws of the State of Ohio.

Section 1.04 Form of Government: The form of municipal government provided by this Charter shall be known as the "strong Mayor" government. The powers of the municipal government shall be distributed according to the provisions of this Charter among the elected and appointed officials, boards, and commissions, and the electorate.

Section 1.05 Change in Form of Government: The electors of the Municipality shall have the power to change the form of government from the Strong Mayor government to one of the optional plans permitted by Ohio Revised Code § 705 as presently codified or hereafter amended only by amendment of this Charter pursuant to the procedures set forth in Section 11.02 of the Charter and Article XVIII, Section 9 of the Ohio Constitution.

Legislative Authority

Section 2.01 Council: All legislative powers of the Municipality shall be vested, subject to the terms of this Charter and of the Constitution and laws of the State of Ohio, in an elected Council.

Section 2.02 Establishment of Wards: Council shall subdivide the Municipality into wards equal in number to the members of the legislative authority to be elected from wards. Such subdivision shall be conducted pursuant to the procedures set forth in Ohio Revised Code § 731.06 as presently codified or hereafter amended.

Section 2.03 Composition and Terms of Office: The Council shall be composed of not fewer than seven members, four of whom shall be elected by wards and three of whom shall be elected by the electors of the Municipality at large. Pursuant to Ohio Revised Code §731.01, for the first twenty thousand inhabitants of the Municipality, in addition to the original five thousand, there shall be two additional Council members elected by wards, and for every fifteen thousands inhabitants thereafter there shall be one additional member similarly elected. The total number of members of Council shall not exceed seventeen. Members of council shall be elected for a term of two years, commencing the first day of January next after the election and serving until their successors are elected and qualified. The electors of the Municipality may , by affirmative vote, change the term of office for council members to four years and, if the terms of office are so changed, institute staggered terms of office. Any such change in the terms of office shall be accomplished pursuant to the procedures set forth in Ohio Revised Code § 731.03 as presently codified or hereafter amended.

Section 2.04 Qualifications: The qualifications of council members shall be governed by Ohio Revised Code §§ 731.02 and §731.44 as presently codified or hereafter amended. Council members at large shall be electors of the Municipality and council members from wards shall be electors of the Municipality who have resided in their respective wards for a continuous period of not less than one year preceding the election. Council members shall not hold any other public office, except that of a notary public or a member of the state militia, and shall neither be interested in any contract with the Municipality nor hold employment with the Municipality. A council member who ceases to possess any of these qualification, who removes from his or her ward, if elected from a ward, or from the Municipality, if elected at large, shall forfeit his or her office.

Section 2.05 Vacancies: All vacancies in the office of a council member shall be filled pursuant to the procedures set forth in Ohio Revised Code § 731.43 as presently codified or hereafter amended.

Section 2.06 Compensation of Council Members: Compensation of council members shall be set by ordinance, subject to the Constitution and general laws of the State of Ohio now or hereafter in effect.

Section 2.07 Meetings of Council: The requirements of quorum, regular meetings, and special meetings shall be governed by Ohio Revised Code §§ 731.44 - 731.46 as presently codified or hereafter amended. Council shall conduct "open" meetings in accordance with Ohio Revised Code § 121.22 as presently codified or hereafter amended. Council shall maintain a journal in accordance with Ohio Revised Code § 731.45 as presently codified or hereafter amended and shall have the power to establish its own rules and to punish or expel members in accordance with Ohio Revised Code § 731.45 as presently codified or hereafter amended.

Section 2.08 Powers, Duties and Liabilities of Council Members: Council and its members shall possess all powers, duties and liabilities afforded to city councils and city council members under Ohio Revised Code § 731 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect.

Section 2.09 Procedure for Enacting Ordinances and Resolutions: Council procedures for making motions and enacting ordinances and resolutions shall be governed by Ohio Revised Code §§ 731.18- 731.27 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect. Council shall have the power to enact emergency legislation in accordance with Ohio Revised Code § 731.10 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect.

Section 2.10 Officers of Legislative Authority: ln accordance with the procedures set forth in Ohio Revised Code § 731.04 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect, Council shall elect a president pro tempore, a clerk and such other employees as are necessary.

Executive

Section 3.01 Mayor: There shall be a Mayor who shall be elected for a term of four years, commencing on the first day of January next after the election and who shall have all powers and duties accorded to the mayor of a city under Ohio Revised Code §§ 733.01 - 733.08 and §§ 733.30 -733.41 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect. the Mayor shall be an elector of the Municipality.

Section 3.02 Vice Mayor and President of Council: There shall be a Vice Mayor who shall serve as President of Council. The Vice Mayor shall be elected for a term of two years, commencing on the first day of January next after the election. The Vice Mayor shall be an elector of the Municipality. The Vice Mayor shall have all powers and duties accorded to a president of the legislative authority of a city under Ohio Revised Code § 733.09 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect.

Administrative Officers and Departments

Section 4.01 Director of Law: There shall be a Director of Law who shall be elected for a term of four years, commencing on the first day of January next after the election, and who shall have all powers and duties accorded to a city director of law under Ohio Revised Code §§ 733.49 - 733.621 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect. The director of Law shall be an elector of the Municipality.

Section 4.02 Auditor: There shall be an Auditor who shall be elected for a term of four years, commencing on the first day of January next after the election, and who shall have all powers and duties accorded to a city auditor under Ohio Revised Code §§ 733.10 - 733.20 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect. The Auditor shall be an elector of the Municipality.

Section 4.03 Treasurer: There shall be a Treasurer who shall be elected for a term of four years, commencing on the first day of January next after the election and who shall have all powers and duties accorded to a city treasurer under Ohio Revised Code §§ 733.42 - 733.47 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect. The Treasurer shall be an elector of the Municipality.

Section 4.04 Director of Public Service: The Mayor shall appoint a Public Service Director who shall have all powers and duties accorded to a city director of public service under Ohio Revised Code §§ 735.01- 735.26 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect. The Public Service Director need not be a resident of the Municipality at the time of appointment, but shall become a resident thereof within six months of appointment unless such residence requirement is waived by ordinance.

Section 4.05 Director of Public Safety: The Mayor shall appoint a Public Safety Director who shall have all powers and duties accorded to a city director of public safety under Ohio Revised Code §§ 731.01 - 737.14 and §§737.21 - 737.99 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect. The Public Safety Director need not be a resident of the Municipality at the time of appointment, but shall become a resident thereof within six months of appointment unless such residence requirement is waived by ordinance. In accordance with Ohio Revised Code §§ 734.04 - 737-14 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect. Council shall establish, as subdivisions of the Department of Public Safety, a Police Department and a Fire Department. The Chief of Police and the Fire Chief shall each be selected in accordance with the requirements of the Civil Service laws of the State of Ohio as amended, and both Chiefs shall have all powers and duties accorded to their respective positions by Ohio Revised Code §§ 737.06 and 737.09 as now or hereafter in effect. The Public Safety Director shall be the executive head of the Police and Fire Departments.

Section 4.06 Tax Commissioner: Council shall have the power to establish the office of Tax Commissioner. If Council establishes such and office, the Mayor shall appoint a Tax Commissioner who shall have all powers and duties accorded in a city tax administrator under Ohio Revised Code § 733.85 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect.

Section 4.07 Miscellaneous Provisions: The officers of the Municipality shall be subject to Ohio Revised Code §§ 733.79 - 733.99 as presently codified or hereafter amended, relating to miscellaneous duties, privileges and regulations.

Boards and Commissions

Section 5.01 Planning Commission: Council may establish a Planning Commission, with shall have all powers and duties accorded to a city planning commission under chapter 713 of the Ohio Revised Code as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now and hereafter in effect. Pursuant to Ohio Revised Code § 713.01 as presently codified or hereafter amended, the Planning Commission shall consist of the Mayor, the Public Service Director and three citizens of the Municipality who shall be appointed by the Mayor.

Section 5.02 Recreation Board: Council may establish a Recreation Board, which shall consist of five members, two of whom shall be appointed from the Board of Education and three of whom shall be appointed by the Mayor. The Recreation Board shall have all powers and duties accorded to a city recreation board under Ohio Revised Code §§ 755.12 - 755.181 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now and hereafter in effect.

Section 5.03 Board of Health: Pursuant to Ohio Revised Code § 3709.01, the Municipality shall constitute a city health district and, pursuant to Ohio Revised Code § 3709.05, the Mayor, as president of the Board of Health, shall appoint, and Council shall confirm, a Board of Health, consisting of five members and possessing all of the powers and duties accorded to a city board of health under Chapter 3709 of the Ohio Revised Code as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now and hereafter in effect. The Board of Health shall have the power to appoint a Health Commissioner and a Registered Nurse, as Director of Nursing, to contract for the services of a Registered Sanitarian, as Director of Environmental Health, and a Licensed Pest Control Officer. The Mayor, as President of the Board of Health, shall have the power to appoint a plumbing Commissioner, who shall serve under the Health Commissioner. Consistent with Ohio law regarding municipal contracts, the Plumbing Commissioner a registered licensed Master Plumber, shall have the power to contract with state-certified inspectors to conduct inspections.

Section 5.04 Civil Service Commission: The Mayor shall appoint a Civil Service Commission, as procedurally set forth in Ohio Revised Code, consisting of a three-member board with overlapping terms, the members of which shall serve as the civil service commission of the city, the school district and city health district, as specified by Article XV, Section 10 of the Ohio Constitution and Chapter 124 of the Ohio Revised Code as presently codified or hereafter amended. Any eligible officer or employee may, within thirty days of receiving an adverse decision from the Civil Service Commission, appeal to the Court of Common Pleas for Hamilton County.

Legislative Authority

Section 6.01 Power to Tax, Spend and Incur Debt: The Municipality shall have all powers granted to municipalities, by the Constitution and general laws of the State of Ohio now or hereafter in effect, to impose taxes, expend funds for public purposes, incur debts, borrow money and issue bonds.

Nominations, Elections and Removal

Section 7.01 Municipal Elections: Except as expressly provided in this Charter, the Constitution and general laws of the State of Ohio now or hereafter in effect shall govern the nomination, election and removal of elective officers of the Municipality.

Section 7.02 Recall: Any elective officer of the Municipality may be removed from office by the qualified voters of the Municipality, pursuant to Ohio Revised Code § 705.92 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect

Section 7.03 Qualified Electors: All citizens qualified to vote in the Municipality by the Constitution and general laws of the State of Ohio now or hereafter in the effect and who satisfy the requirements for registration prescribed by law shall be qualified electors within the meaning of this Charter.

Initiative and Referendum

Section 8.01 Initiative: In accordance with Ohio Revised Code §§ 731.28 and 731.30 - 731.40 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now and hereafter in effect, the electors of the Municipality shall have the power to propose ordinances and other measures by initiative petition.

Section 8.02 Referendum: In accordance with Ohio Revised Code §§ 731.29 - 731.40 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now and hereafter in effect, the electors of the Municipality shall have the power to approve or reject at the pools any ordinance or other measure enacted by council.

Transition Between City and Village Status

Section 9.01 Intent of the Electors: It is the intent of the electors of the Municipality in adopting this Charter to maintain as near as possible the form and structure of government existing at the time of the initial adoption of the Charter. The provisions of this Charter are designed to replicate the form, structure, powers, and duties of municipal government accorded to statutory cities in the State of Ohio. Except as expressly provided herein, where the Ohio Revised Code prescribes a different form or structure or different powers and duties for statutory cities and statutory villages, it is the intent of the electors of the Municipality, as expressed in this Charter, to follow the prescriptions for statutory cities, whether the Municipality is a city of a village.

Section 9.02 Continuity of Municipal Structure: In the event of a change in the Municipality's status as a city or a village, all offices, departments, boards, and commissions, which exist at the discretion of Council, the Mayor, or other officers of the Municipality, shall continue to exist, with all powers and duties previously accorded to them, until the appropriate authority expressly determines otherwise.

Section 9.03 Continuity of Power and Duties: Whether the Municipality is a city or a village, the Municipality and its executive and administrative offers, Council, council members, departments, boards, and commissions shall retain all powers and duties set forth in this Charter, except those specifically and expressly addressed herein and those that are inconsistent with the Constitution and general laws of the State of Ohio now or hereafter in effect.

Section 9.04 Continuity of Administration: Following a transition between city and village status, all individuals serving as elected or appointed officials shall continue in office, subject to the terms of this Charter, until the expiration of their terms of office.

Section 9.05 Continuity of Wards: Following a transition between city and village status, the existing division of the Municipality into ward s shall continue in force until Council undertakes redistricting pursuant to Ohio Revised Code § 731.06 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect.

Section 9.06 Continuity of Laws: Following a transition between city and village status, all or Ordinances and resolutions in effect at the time shall continue in force until amended or repealed by Council.

Section 9.07 Board of Health: If the Municipality becomes a village, the Municipality shall, pursuant to Ohio Revised Code § 3709.01, thereafter participate in a general health district. The Municipality's Board of Health shall continue to exist, but shall subsequently be known as the Health Service Commission. The Municipality's Health Service Commission shall continue to have all powers and duties accorded by this Charter to the Board of Health and accorded by the Constitution and general laws of the State of Ohio now or hereafter in effect to a city board of health, except those powers and duties granted exclusively to the Board of Health operating in the general health district in which the Municipality shall thereafter participate.

Section 9.08 Civil Service Commission: If the Municipality becomes a village, the Municipality shall continue to have a Civil Service Commission, which shall retain all powers and duties granted by Section 5.04 of this Charter.

Section 9.09 Miscellaneous Provisions: Whether the Municipality is a city or a village, the conduct of elections, the power to recall elective officers and the rights to initiative and referendum shall be governed by this Charter and shall remain the same.

Transition upon Adoption of Charter

Section 10.01 Continuity of Municipal Structure: All offices, departments, boards, and commissions in existence at the time this Charter is adopted shall continue to exist, with all powers and duties previously accorded to them. In the event that any such existing powers and duties are inconsistent with those granted by this Charter, the provisions of the Charter shall prevail and control. Section 10.02 Continuity of Administration: All individuals serving as elected or appointed officials at the time this Charter is adopted shall continue in office, subject to the terms of this Charter, until the expiration of their terms of office. Section 10.03 Continuity of Laws: All ordinances and resolutions in effect at the time this Charter is adopted shall continue in force until amended or repealed by Council.

General Provisions

Section 11.01 Severability: If any provision, article or section of this Charter is held unconstitutional or otherwise invalid by a court, this shall not affect the validity, force or effect of any other provision.

Section 11.02 Amendments to the Charter: It is the desired of the people of the Municipality that this Charter be flexible and be able to meet the changing conditions and needs of the Municipality, as it grows and develops. Amendments to this Charter may be made in accordance with the procedures set forth in Article XVIII, Section 9 of the Ohio Constitution.