Notice of Election on Proposition Ohio Const. Art

Notice of Election on Proposition Ohio Const. Art. XVIII §9; R.C. 7.16 Notice is hereby given that in pursuance of an Ordinance of the City Council of the City of Hamilton, Ohio passed on the 12th day of August, 2020, there will be submitted to a vote of the people of City of Hamilton at the General Election to be held at the regular places of voting on Tuesday, the 3rd day of November, 2020, the question of Shall Article III, Sections 3.07 and 3.08, Article V, Section 5.04, and Article XVIII, Section 18.02 of the Charter of the City of Hamilton be amended to expand and clarify City Council's ethical responsibilities to clarify that Council Members are not expelled but removed from Office if they violate State of Ohio Ethics Laws or other ethics violations, to expand the definition of when Council Members must abstain from voting as to not have a family member benefit from such vote, to reaffirm that if Council interferes with City Manager related appointments that this may constitute as a removable offense from Office even if it does not result in a misdemeanor conviction if a violation is found by a vote of not less than five (5) out of the seven (7) City Council Members, and to reaffirm that Council cannot financially benefit from contracts of the City or be removed from Office with a vote of not less than five (5) out of the seven (7) City Council Members? Full text of the proposed amendment is as follows ARTICLE III THE COUNCIL 3.07 Rules of Council The Council shall be the judge of the election and qualification of its members and shall have power to subpoena witnesses and compel the production of all books, records, papers and other evidence; but the decision of the Council in any case shall be subject to review by the courts. The Council shall determine its own rules and order of business and keep a journal of its proceedings. It shall have power to compel the attendance of absent members, may punish its members for disorderly conduct and, by vote of not less than five members, may remove for the duration of their elected or appointed term, a member for disorderly conduct or the violation of its rules; but no member shall be removed unless notified of the charge and given an opportunity to be heard in his or her own defense. Absence from three consecutive regular meetings shall operate to remove a member, unless the absence is authorized or excused by the Council. Disorderly conduct appropriate for removal shall include, but not limited to, conduct in violation of the State of Ohio Ethics Laws. ARTICLE III THE COUNCIL 3.08 Quorum, Voting of Members A majority of the members elected to the Council shall constitute a quorum to do business, but a lesser number may adjourn from time to time and compel the attendance of absent members in the manner and under the penalties as may be prescribed by ordinance or resolution. The affirmative vote of a majority of the members elected to the Council shall be necessary to adopt any ordinance, resolution, order or vote; except that in the absence of a quorum, a vote to adjourn, or regarding the attendance of absent members, may be adopted by a majority of the members present. No member shall be excused from voting except on matters involving the consideration of his or her own official conduct, when his or her financial interests or the financial interests of his or her immediate family are involved, or when the laws of Ohio require the member to abstain. "Immediate family" means spouse, child or stepchild, grandchild, parent, step-parent, grandparent, brother, sister, parents or step-parents of spouse and grandparents of spouse. ARTICLE V ADMINISTRATIVE SERVICE 5.04 Council Not to Interfere in Appointments or Removals Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his or her removal from, office by the City Manager of any of his or her subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Council and its members shall deal with that portion of the service of the City for which the Manager is responsible solely through the Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately. Any violation of the provisions of this section by a member of the Council shall be a misdemeanor, shall be considered disorderly conduct under Charter Section 3.07, and shall result in the member being immediately removed under Section 3.07 by a vote of not less than five members. ARTICLE XVIII MISCELLANEOUS PROVISIONS 18.02 Financial Interest in Contracts, Etc. No officer, appointed or elected official, or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or services except on behalf of the City as an officer, appointed or elected official, or employee. Any willful violation of this section shall constitute malfeasance in office. Any employee who willfully violates this section shall thereby forfeit his or her office or position. Any appointed or elected official or officer not employed by the City who willfully violates this section shall be immediately removed by a vote of not less than five members of City Council. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager or the Council. The polls for the election will open at 6:30 a.m. and remain open until 7:30 p.m. on Election Day. By order of the City of Hamilton, Ohio Patrick G. Moeller, Mayor Daniel Tidyman, Acting City Clerk October 25, 2020 10-25/2020