2011-38 AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE OF THE CITY OF VERMILION, OHIO AT THE GENERAL ELECTION

TO BE HELD ON NOVEMBER 8, 2011, OF AN AMENDMENT TO ARTICLE VII, SECTION VII-1 OF THE CHARTER OF SAID CITY TO PROVIDE FOR MEMBERSHIP, WHICH AMENDMENT SHALL TAKE EFFECT AS OF JANUARY 1, 2012, IF ADOPTED BY A MAJORITY OF THE ELECTORATE; AND AUTHORIZING BOTH THE ERIE AND LORAIN COUNTY BOARD OF ELECTIONS TO SUBMIT SUCH ISSUE TO THE ELECTORATE OF THE CITY OF VERMILION, OHIO IN ACCORDANCE WITH ARTICLE XVIII, SECTION NINE OF THE OHIO CONSTITUTION. WHEREAS, pursuant to Article XI, Section 8 of the Charter of the City of Vermilion and Article XVIII, Section 9 of the Constitution of Ohio, Council of the City of Vermilion, by the affirmative vote of two-thirds of its members, has decided to place upon the 2011 general election ballot at all places of polling within said City an amendment to Article VII, Section VII1 of the Charter of the City of Vermilion, Ohio to provide for membership, which Amendment shall take effect as of January 1, 2012, if adopted by a majority of the electorate. NOW , THEREFORE, be it ordained by the Council of the City of Vermilion, Counties of Erie and Lorain, State of Ohio: SECTION 1: That both the Erie County and Lorain County Board of Elections be and they hereby are authorized and directed to submit the following issue regarding amendment of the Charter of the City of Vermilion, Ohio to the electorate of said City at all regular places of polling as established by said Boards in the times provided by law and which election shall be conducted, canvassed and certified in the manner provided by law, with the majority affirmative vote required to pass: Shall Article VII, Section VII-1, of the Charter of Vermilion, which reads as follows: SECTION VII-1. Membership. Council shall by ordinance provide for and establish a Civil Service Commission and a civil service system. The Civil Service Commission shall consist of three electors of the Municipality, not holding other municipal office or employment, to be appointed by the Mayor, with the concurrence of a majority of the members of Council for terms of six years each, except that the three original members of the Commission shall be appointed for terms expiring on the last day of December of the second, fourth and sixth years after their appointment. A vacancy occurring during the term of any member of the Civil Service Commission shall be filled for the unexpired term in the manner authorized for an original appointment. The Commission shall designate one of its members as Chairman and may appoint a Secretary who need not be a member of the Commission and may hold other municipal office or appointment. Be amended to read as follows, effective January 1, 2012: Article VII, Section VII-1. SECTION VII-1. Membership Council shall by ordinance provide for and establish a Civil Service Commission and a civil service system. The Civil Service Commission shall consist of three electors of the Municipality, it is preferential that one member of the commission be an Attorney licensed to practice law in the State

2011-38 of Ohio, not holding other municipal office or employment, to be appointed by the Mayor, with the concurrence of a majority of the members of Council for terms of six years each, except that the three original members of the Commission shall be appointed for terms expiring on the last day of December of the second, fourth, and sixth years after their appointment. A vacancy occurring during the term of any member of the Civil Service Commission shall be filled for the unexpired term in the manner authorized for an original appointment. The Commission shall designate one of its members as Chairman and may appoint a Secretary who need not be a member of the Commission and may hold other municipal office or appointment. SECTION 2: That the ballot for said election shall, at the top, be entitled VERMILION CITY CHARTER AMENDMENT 3, and the question to be submitted on said ballot shall be substantially in the words following: Shall Article VII, Section VII-1 of the Charter of the City of Vermilion be amended as follows: SECTION VII-1. Membership Council shall by ordinance provide for and establish a Civil Service Commission and a civil service system. The Civil Service Commission shall consist of three electors of the Municipality, it is preferential that one member of the commission be an Attorney licensed to practice law in the State of Ohio, not holding other municipal office or employment, to be appointed by the Mayor, with the concurrence of a majority of the members of Council for terms of six years each, except that the three original members of the Commission shall be appointed for terms expiring on the last day of December of the second, fourth, and sixth years after their appointment. A vacancy occurring during the term of any member of the Civil Service Commission shall be filled for the unexpired term in the manner authorized for an original appointment. The Commission shall designate one of its members as Chairman and may appoint a Secretary who need not be a member of the Commission and may hold other municipal office or appointment. FOR THE AMENDMENT AGAINST THE AMENDMENT SECTION 3: That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the public and in compliance with all legal requirements, including 121.22 of the Ohio Revised Code. SECTION 4: That this Ordinance shall take effect immediately upon its passage and approval by the Mayor, providing it meets and statutory requirements for passage; otherwise it shall take effect and be enforced from and after the earliest period allowed by law.

2011-38

PASSED:

,2011

_________________________________ Fred Ostrander, President of Council

ATTEST:

,2011

_________________________________ Gwen Fisher, Clerk of Council

APPROVED:

,2011

_________________________________ Eileen Bulan, Mayor

This document prepared as to FORM : By: Gwen Fisher, Certified M unicipal Clerk 2011-38/2011Ordinances