City of Fairfield, Ohio
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City of Fairfield, Ohio
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Article VII

ADMINISTRATIVE DEPARTMENTS

§7.01 DEPARTMENT OF LAW.

(A) There is hereby created the Department of Law to be headed by a Director of Law. The Director of Law shall be appointed by the Council by a vote of at least a majority of its members. The Director of Law shall serve at the pleasure of the Council and may be removed, without cause, by a vote of a majority of the members of the Council.

(B) The Director of Law shall be an attorney-at-law duly authorized to practice law in the State of Ohio. The Director of Law may serve as legal counsel to any school district, county, township, other municipality, or other political subdivision, district or unit of the federal, State or local governments and may receive additional compensation therefor. The Director of Law may also engage in the private practice of law and may hold other public or private employment.

(C) The Director of Law shall be the legal advisor, prosecuting attorney and counsel for the City, and, subject to the direction of the Council, shall represent the City in all proceedings in Court or before any administrative board or body. The Director of Law shall perform all other powers, duties and functions now or hereafter imposed on City Directors of Law under the laws of Ohio; and shall perform other duties as require d by this Charter, by ordinance or resolution, or as directed by the City Manager; provided that such laws, ordinances, resolutions or directions by the Manager are not in conflict with and are consistent with this Charter, and further provided that the directions of the City Manager are not in conflict with and are consistent with the laws of Ohio and the ordinances and resolutions of the City.

(D) The Council may provide for assistants and special counsel to the Director of Law. All assistants shall be appointed by the Director of Law. The Assistants shall be responsible to the Director of Law and when authorized, may exercise all or any part of the powers, duties and functions granted to the Director of Law under this section. Special counsel may be employed by the Council to perform power s, duties and functions authorized by and in the manner provided by the Council.

(E) In the event of a vacancy in the office of Director of Law, the Council may appoint a qualified person to serve as Acting Director of Law until the vacancy is filled. The Director of Law may designate, by a letter file d with the Clerk of Council, a qualified person to serve as Acting Director of Law in the event the Director of Law is temporarily absent or disabled. The Acting Director of Law appointed or designated pursuant to this Division shall exercise the powers, duties and functions of the Director of Law while serving as Acting Director of Law. (Amended 6-8-82.)

§7.02 DEPARTMENT OF FINANCE.

(A) There is hereby created a Department of Finance to be headed by a Director of Finance. The Director of Finance shall be appointed by the City Manager. The Director of Finance shall serve at the pleasure of the City Manager, and may be removed, without cause, by the City Manager.

(B) The Director of Finance shall be qualified by training or experience to carry out the powers, duties and functions of the office. The City Manager shall be the sole judge of the qualifications of the Director of Finance.

(C) The Director of Finance shall be the chief fiscal officer of the City and shall perform the powers, duties and functions now or hereafter given to City Auditors and Treasurers under the general laws of Ohio to the extent those laws are not in conflict with this Charter. The Director of Finance, in addition to the powers, duties and functions prescribed by this Charter shall have other powers, duties and functions as required by ordinance or resolution, or as directed by the City Manager. The Director of Finance shall keep the financial records of the City; establish accounting systems, financial records and reports used by the offices, departments, divisions, bureaus, boards and commissions of the City; assist the City Manager in the preparation and submission of appropriation measures, estimates, budgets, capital programs and other financial matters; provide full and complete information concerning the financial affairs and status of the City as required by the City Manager or Council; and provide full and complete information and assistance concerning the finances or accounting systems or records of any office, department , division, bureau, board or commission of the City as requested by the City Manager.

The Director of Finance may perform audit functions; however, the Director of Finance shall conduct a review of all proposed expenditures. In performing any audit function, the Director of Finance shall follow generally accepted auditing standards. The Director of Finance may recommend to the Council that circumstances exist which require the retention of an independent certified public accountant or firm to audit some or all of the financial records of the City. The Council shall have the sole discretion, with or without a recommendation by the Director of Finance, to determine whether such independent auditing services shall be secured, except as may be otherwise provided in this Charter. If the audit services of an independent certified public accountant or firm are authorized by the Council, such audit services shall be in addition to any other audit or examination of the City that may be required to be made by an officer of the State of Ohio vested with the power to audit the financial records of municipal corporations under the laws of the State unless the independent audit is accepted by the State officer in lieu of his or her audit. (Amended 6-8-82; 11-2-93.)

§7.03 DEPARTMENT OF DEVELOPMENT SERVICES.

(A) There is hereby created a Department of Development Services to be headed by a Director of Development Services. The Director of Development Services shall be appointed by the City Manager. The Director of Development Services shall serve at the pleasure of the City Manager, and may be removed, without cause, by the City Manager.

(B) The Director of Development Services shall be qualified by training or experience to carry out the powers, duties and functions of the office, and, if feasible considering applicants for the position and the compensation to be paid, shall possess a degree in urban planning, or its equivalent, or demonstrated satisfactory performance as an urban planner or economic development professional.

(C) The Director of Development Services shall be subject to the direction, control and supervision of the City Manager and shall have the following powers, duties and functions:

  1. To advise the City Manager on matters affecting the development, redevelopment and renewal of the City.
  2. To coordinate the work of and to advise the Council, the City Manager, the Planning Commission, and other departments, boards and commissions of the City in the development and modification of comprehensive plans for the City.
  3. To advise, by way of review and recommendation, the Council, the City Manager, and the City’s departments, boards and commissions concerning programs and activities to implement the comprehensive plans of the City.
  4. To advise and assist the Planning Commission in the exercise of its powers, duties and functions.
  5. To advise, by way of review and recommendation, the Council, the City Manager, and the City’s Departments, Boards and Commissions concerning programs and strategies that enhance a viable, diverse economic base within the City.
  6. To perform such other powers, du ties and functions as are provided under this Charter, the ordinances and resolutions of the City, and as directed by the City Manager, provided the City Manager’s directions are not in conflict with and are consistent with this Charter and the City’s ordinances and resolutions. (Amended 11-5-02)

§7.04 OTHER ADMINISTRATIVE DEPARTMENTS.

(A) In addition to the administrative offices and departments specifically established and created by this Charter, the administrative offices, (except the offices of City Treasurer and President of Council), departments, divisions, bureaus and other sub-units existing under the laws of Ohio and ordinances and resolutions of the City on the effective date of this Charter shall continue, with their existing powers and duties, until they are abolished, merged, combined or otherwise altered or reorganized by an ordinance or resolution adopted by the Council.

(B) Each office, department, division, bureau or other sub-unit shall be organized and have those powers, duties and functions as are provided: under this Charter; under the ordinances or resolutions of the City; and under the laws of Ohio to the extent such laws do not conflict with the provisions of this Charter or the ordinances and resolutions of the City.

(C) Within one year after the appointment of the initial City Manager under this Charter, the Council shall, by ordinance or re solution, promulgate a complete structure of organization of the administrative departments and sub-units, other than the Departments of Finance, Law, and Development Services. The organizational structure so provided may, from time to time, be altered, revised or changed by ordinance or resolution. The Council shall, from time to time, specify the powers, duties and functions of each administrative department and sub-unit and provide for their staffing by ordinance or resolution; provided that such powers, duties and functions shall not conflict with and shall be consistent with this Charter.

(D) All administrative departments and sub- units thereof, except the Department of Law, and the personnel therein, shall be subject to the control, direction and supervision of the City Manager, subject to the provisions of this Charter relating to Civil Service. The Director of Law shall have the control, direction and supervision of that department and the personnel therein, including the appointment, promotion, removal, suspension and other disciplining of such personnel, subject to the provisions of this Charter relating to Civil Service. (Amended 6-8-82; 11-5-02)

§7.05 ACTING DEPARTMENT HEADS.

Unless otherwise provided in this Charter, the City Manager shall appoint acting heads of departments and sub-units thereof that are subject to the direction, control and supervision in the event of a vacancy or the temporary absence or disability of heads of such departments or sub-units, until the vacancy is filled or the temporary absence or disability is removed. (Amended 6-8-82)