The Upper Arlington Charter
was enacted in 1919. Several amendments have been made to this document
over the years, including a comprehensive review and revision by the
1997-1998 Charter Review Commission with electoral approval November
1998 and subsequent adoption.
The City's Charter forms the foundation upon which the City is governed.
Section I - Corporate Powers
Section II - General Powers and Duties of Council
Section III - Initiative and Referendum
Section IV - Qualifications of Council Members
Section V - Conflict of Interest and Disqualification of Council Members
Section VI - Recall
Section VII - Elections
Section VIII - Organization
Section IX - President of Council
Section X - Duties of Mayor
Section XI - Council Meetings
Section XII - City Organization
Section XIII - City Manager
Section XIV - Organization of Departments
Section XV - Zoning and Planning
Section XVI - Taxation
Section XVII - Effect of Charter
Section XVIII - Charter Review Commission
#Section I - Corporate Powers
The inhabitants of the City of Upper Arlington, as its limits now are
or may hereafter be, shall be a body politic and corporate, by name,
The City of Upper Arlington, Ohio, and shall have all powers, express
and implied, that now are, or hereafter may be, granted to
municipalities by the constitution or laws of Ohio.
#Section II - General Powers and Duties of Council
The government and control of the City shall be vested in a Council of
seven citizens who shall be elected at large, in the manner provided by
law for the election of municipal officers, nominated by petition and
elected on a nonpartisan ballot. Municipal elections shall be in odd
numbered years for the election of three or four Council Members,
respectively, for four-year terms as the existing term expires.
The Council shall constitute the governing body of the City, and shall
have full power to pass ordinances, adopt resolutions and otherwise
exercise all legislative power and executive authority now or hereafter
vested in municipal officers by law, and in the Council by this
Charter. Except as otherwise provided by this Charter or by the
Constitution of the State of Ohio, the Council may by ordinance or
resolution prescribe the manner in which any power of the City shall be
exercised. In the absence of such provision as to any power, such power
shall be exercised in the manner prescribed by the general laws of the
state applicable to municipalities. The Council shall have authority to
fix by ordinance the compensation of its Members.
A majority of all current Council Members shall constitute a quorum to
do business, and shall be necessary to adopt any ordinance or
resolution, but a less number may adjourn from time to time and compel
the attendance of absent Members in such manner and under such
penalties as shall be prescribed by ordinance. The enacting clause of
all ordinances shall be, "Be it ordained by the Council of the City of
Upper Arlington, Ohio." The Council may, by ordinance, prescribe the
manner of giving public notice of the passage of ordinances,
resolutions or other acts or procedures.
#Section III - Initiative and Referendum
Legislative acts by the City Council are subject to referendum as
procedurally prescribed in the Ohio Revised Code unless an emergency
exists as explicitly stated in the ordinance or resolution or unless
otherwise prohibited by the Ohio Revised Code. Administrative
ordinances, resolutions or decisions shall be subject to redress
through the judicial system.
Initiative powers are hereby reserved to the people of the City as authorized by State law.
#Section IV - Qualifications of Council Members
A Council Member shall be an elector and shall have resided in the City
of Upper Arlington for at least one year prior to the date of their
taking office. Each Council Member elected or appointed shall remain a
resident and qualified elector throughout the term of his or her
office. An employee of the City shall not be a candidate nor Member of
Council. Any Council Member who ceases to possess these qualifications,
or who is absent from four successive regular Council meetings unless
such absence is authorized or excused by Council, shall forfeit the
seat of Council Member.
A vacancy in the Council shall be filled by a majority vote of the
remaining Council Members. If an appointment occurs after June 30 in
the final two years of a term, then Council shall make the appointment
for the unexpired term. Otherwise the appointment shall be until the
second Monday in January following the next general election.
No person shall hold the office of Council Member for a period longer
than two consecutive terms of four years. For purposes of this section,
any appointment or election for less than a full four-year term shall
not count against the two-term limitation.
A person who is ineligible because two consecutive terms have been
served will be eligible for election to additional terms, pursuant to
this provision, so long as four years intervene between expiration of
the second of the two consecutive terms and the commencement of the new
one.
#Section V - Conflict of Interest and Disqualification of Council Members
No person in the employ of the City shall participate in securing, or
contribute any money toward, the nomination or election of any
candidate for the Council.
The Council may remove any officer of the City, or Council Member, for
violation of any provision of law for which forfeiture of office is a
penalty, for failing or ceasing to possess the qualifications
established by this Charter for that office, or for the conviction
while in office of any crime involving moral turpitude, but no such
removal shall be made without the concurrence of at least five Council
Members, nor until the accused officer or Council Member shall have
been given a written copy of the charges and an opportunity to be
heard, with at least ten days' notice of the time and place of hearing.
No person who is a candidate for election to the Council shall be
appointed City Manager within one year after said election, and no
person who serves as a Council Member shall be appointed City Manager
until at least one year after the expiration of the term of office to
which such Member was elected or appointed.
Unless otherwise provided in this Charter or by Council, the laws of
the State of Ohio pertaining to conflicts of interest, criminal
misbehavior, ethics, financial disclosure, campaign financing and other
election practices for municipal office shall apply to all Council
Members, officers, employees and to board and commission members where
applicable.
#Section VI - Recall
The electors shall have the power to remove from office by a recall
election any Council Member in the manner provided by the Ohio Revised
Code. However, in the event of a recall, any vacancy created shall be
filled in the manner set out in Section IV of this Charter.
#Section VII - Elections
Regular municipal elections shall be held on the dates and times fixed
by the election laws of the State of Ohio. The Council may, by
resolution, order a special election at any time, the purpose of which
shall be set forth in the resolution.
All regular and special municipal elections shall be conducted by
County and State of Ohio election officials in accordance with
provisions in the Ohio Revised Code, or as otherwise provided by
Council.
The Council shall have the power, in addition to its other
appropriation and expenditure powers, to appropriate and expend funds
to pay the costs for providing factual information to the public in
connection with elections on tax levies, bond issues and other public
issues.
#Section VIII - Organization
Council Members shall take office at 10:00 a.m. on the second Monday in
January following their election and shall serve until 10:00 a.m. on
the second Monday in January of the fourth year thereafter, and until
their successors are elected and have qualified. The Council shall be
the judge of the election and qualifications of its Members.
#Section IX - President of Council
After the newly elected Council Members have taken office, the Council
shall organize and forthwith elect one of its Members President, who
shall also be the Mayor of the City, until in like manner a successor
has been chosen. The President in accordance with any of the foregoing
provisions shall have full voting and other privileges and rights of
Council membership. The Council shall also elect a Vice President who
shall perform the duties of the President and be acting Mayor in the
event the President is unable for any cause to perform the duties of
the office. The Council may designate another Member to perform the
duties of the President and be acting Mayor in the event both the
President and Vice President are temporarily unable to perform their
duties. In case of the death, resignation or removal of the President
or Vice President, the Council shall elect one of its Members as
President or Vice President for the remainder of the unexpired term.
#Section X - Duties of Mayor
The Mayor shall be recognized as the official head of the City by the
courts for the purpose of serving civil process and for ceremonial
purposes. The Mayor shall have and exercise all the judicial powers
granted by the general laws of Ohio to mayors of cities unless and
until other lawful provisions shall be made for the exercise of such
powers. The Mayor shall have no veto power over legislation.
#Section XI - Council Meetings
The Council shall, by ordinance or resolution, fix a time and place for
holding its regular meetings. The President or any two Members may call
special meetings of the Council upon written notice served personally
upon each Member or left at their usual place of residence at least
twenty-four hours before the time fixed for such meeting. The notice
for all Council meetings shall state the subjects to be considered and
such meetings shall be limited to a consideration of such subjects,
except by unanimous consent of all Members.
All meetings of Council or its committees shall be open to the public,
except executive sessions which may be held pursuant to State law. The
Council shall keep a journal of its public proceedings and may
determine its own rules and order of business. Any citizen shall have
access to public records during usual business hours pursuant to State
law.
#Section XII - City Organization
Subject to the provisions of Section XIII of this Charter, the Council
shall have full power and authority to establish, administer and
control departments as it may deem for the best interests of the City,
may determine the powers and duties of such departments and the
officers thereof and the manner of administering the same, may delegate
to such departments or the officers and employees thereof, such
authority as it deems advisable and may combine, divide, distribute or
discontinue such departments and may appoint, employ and discharge
administrative officers, assistants, clerks and employees and fix their
compensation.
In case of doubt as to whether certain powers or duties imposed by law
on the Mayor or other executive or administrative authority, are to be
exercised or performed by the Mayor, the Council, the City Manager, or
other officer, the Council may by ordinance or resolution determine the
officer or officers by whom such powers or duties shall be exercised.
No Council Member shall directly interfere with the conduct of any department.
#Section XIII - City Manager
The Council shall appoint a City Manager who shall be the
administrative head of the municipal government and its chief executive
officer, under the direction and supervision of the Council. The City
Manager shall be chosen by the Council solely on the basis of executive
and administrative qualifications and with special reference to actual
experience in or knowledge of the best practices in respect of the
duties of that office. At the time of the appointment, the City Manager
need not be a resident of this City or State but the Council may, by
ordinance, make such provision as it may deem advisable with respect to
residence during the tenure of office.
The City Manager shall be appointed for an indefinite term, and may be
removed by the Council at its pleasure, at least five Members
concurring therein.
The Council may designate some properly qualified person to execute the
functions of the office of the City Manager during the absence or
disability of the City Manager or during temporary vacancies in that
office.
The powers and duties of the City Manager shall be:
1. To see that the laws and ordinances are enforced.
2. Subject to the provisions of Sections XII and XIV and to the civil
service laws, to appoint, discipline and remove all employees of the
City, and to exercise such other appointive power as Council may vest
in that office by ordinance or resolution.
3. To exercise supervision and control over all departments and
divisions of the City government, subject to such regulation as the
Council may provide.
4. To attend all meetings of the Council, with the right to take part in the discussions, but having no vote.
5. To recommend to the Council for adoption such measures as may be deemed necessary or expedient.
6. To prepare and submit to the Council such reports as may be required by that body, or as may be deemed advisable.
7. In conjunction with the Finance Director or other Chief Fiscal
Officer to keep the Council advised of the financial condition of the
City and its future needs and to prepare and submit to the Council a
tentative budget for the next fiscal year.
8. To perform such other duties as the Council may determine by ordinance or resolution.
#Section XIV - Organization of Departments
Under the provisions of Section XII of the Charter, a Finance
Department is created under the supervision of the Finance Director.
The Finance Director shall be appointed by the City Manager subject to
the approval of at least five Council Members. The Finance Director
shall serve at the pleasure of the City Manager, but may only be
removed at the recommendation of the City Manager upon approval of such
recommendation by at least five Council Members.
The City Attorney shall be appointed and serve at the pleasure of Council.
The Clerk of Council shall be appointed and serve at the pleasure of Council.
The Clerk of Courts shall be appointed and serve at the pleasure of the Mayor.
#Section XV - Zoning and Planning
The Council may establish a Board of Zoning and Planning and may fix
the number, qualifications and terms of the members thereof. The
duties, powers, limitations and procedures of such Board of Zoning and
Planning may be prescribed by ordinance, and in the absence of such
ordinance it shall perform the duties and exercise the powers conferred
upon the City Zoning and Planning commissions by general laws of the
state not in conflict with this Charter. The Council may exercise all
powers relative to zoning and planning in the City and surrounding
areas vested by law in municipalities.
#Section XVI - Taxation
The aggregate amount of taxes that may be levied by the Council without
a vote of the people, for all municipal purposes, on property which is
taxable according to value, shall not exceed five mills on each dollar
of taxable valuation. Taxes may be levied for such purposes outside of
this limitation upon approval by a majority of the electors of the City
voting thereon at a November election or in any manner provided by
general law for voting levies outside the statutory limitations.
The Council shall not enact any ordinance levying an income tax,
including a change in a municipal income tax credit, except upon
approval by a majority of electors of the City voting thereon at a
general or special election held not less than sixty days after the
adoption by Council of a resolution calling for such election, which
resolution shall set forth the rate of the proposed tax and the
purposes for which the receipts therefrom shall be used. In the event
of an affirmative vote, the proceeds of such levy shall be used only
for the specified purposes.
#Section XVII - Effect of Charter
All general laws of the state applicable to municipal corporations now
or hereafter enacted, which are not in conflict with the provisions of
this Charter or with ordinances or resolutions of this City, shall be
applicable to this City, provided however, that nothing contained in
this Charter shall be construed as limiting the power of the Council to
enact any ordinance or resolution not in conflict with the Constitution
of the State or the express provisions of this Charter.
The enumeration of particular powers of this Charter shall not be held
or deemed to be exclusive but, in addition to the powers enumerated
herein, implied thereby or appropriate to the exercise thereof, the
City shall have and may exercise all other powers which, under the
Constitution of the State of Ohio, it would be competent for this
Charter specifically to enumerate. The determination that any part of
this Charter is invalid shall not invalidate or impair the force or
effect of any other part hereof, except to the extent that such other
part is necessarily dependent for its operation upon the part declared
invalid.
All ordinances, resolutions and other measures in force at the time of
the taking effect of any amendments to this Charter, not inconsistent
with its provisions, shall continue in effect until amended or repealed.
#Section XVIII - Charter Review Commission
Ten years after the adoption of this Charter and every ten years
thereafter, Council shall appoint a Commission of at least seven
electors of the City to review the City Charter and report to Council
its recommendations concerning possible amendments. Council may appoint
a Charter Review Commission at other times as it shall determine.
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