The legislative powers of the City, except as reserved to the people by this Charter, shall be vested in a Council, each member of which shall be elected from a separate ward. Members of Council shall be elected for a term of four years and shall serve until their successors are chosen and have qualified.
If at any time, the office of a member is vacant by reason of non-election, death, resignation, removal of residence from the ward represented or from any other cause whatsoever, except when the vacancy is caused by a recall petition, the vacancy shall be filled by the Council for the unexpired term; provided, however, that if the vacancy occurs at any time which is more than two years before the next regular Municipal election, the person selected by the Council to fill the vacancy shall hold office until the person's successor is elected at special municipal elections to be held in accordance with this section and is qualified. If a general election is to be in the City held upon a date not less than 160 days nor more than one year after the occurrence of the vacancy, the special municipal election shall be held at the general election and a special primary election to nominate candidates for the vacancy shall be held on the eighth Tuesday prior to the general election. Otherwise, the aforesaid special municipal elections shall be held on the first Tuesday after one hundred days from the day on which the vacancy first occurs, at which time the primary election shall be held, and on the eighth Tuesday following the primary election, at which time the final special municipal election shall be held, and all the provisions in this Charter contained as to nomination and election of candidates for member of Council at regular Municipal elections shall apply to the special municipal elections. The person so elected shall hold office for the unexpired portion of the term in which the vacancy in the office of member of Council occurred and until the person's successor is elected and qualified and shall assume office immediately upon election and qualification.
(Effective November 4, 2008)
The Council not later than April 1, 2009, shall redivide the City into wards based on the City's population as of February 15, 2009 as determined by estimated population figures compiled by the U.S. Census Bureau or other reliable source as determined by the Council as of that date. The number of wards shall be an odd number between a maximum of 25 wards and a minimum of 11 wards using the following table that reflects a ratio of one ward for every 25,000 people based on the estimated population figures:
If the City's population is:
The City shall be divided into the following number of wards:
| More than 575,000.......................................... | 25| 575,000 or less but more than 525,000............
| 23 | 525,000 or less but more than 475,000............
| 21 | 475,000 or less but more than 425,000............
| 19 | 425,000 or less but more than 375,000............
| 17 | 375,000 or less but more than 325,000............
| 15 | 325,000 or less but more than 275,000............
| 13 | 275,000 or less ...............................................
| 11 | |
The wards so formed shall be as nearly equal in population as may be fair and equitable, composed of contiguous and compact territory, and bounded by natural boundaries or street lines. When any territory is annexed to the City the Council shall by ordinances declare it a part of the adjacent ward or wards.
If the Council fails or neglects to redivide the City into wards by April 1, 2009, the Mayor shall within 7 days thereafter submit to Council the plan for redividing the City into wards using the above table to determine the number of wards, which division plan of the Mayor shall become effective until the next decennial Federal census when the wards shall be reapportioned as provided in Section 25-1.
The members of Council to be elected under the terms herein shall be elected at the regular Municipal election on November 3, 2009, in accordance with the provisions of Chapter 3 of the Charter of the City of Cleveland. The division of the City into wards existing at the time of the adoption of this amendment shall continue until changed as provided herein.
(Effective November 4, 2008)
Commencing with the Federal census decennially taken in the closest proximity to January 1, 2010, and following each subsequent Federal decennial census the Council within sixty days after proclamation by the Secretary of State stating the population of the cities of Ohio as determined by any such Federal census shall reapportion the wards of the City, provided however that if the proclamation occurs in any year when the City conducts a regular Municipal election and the proclamation of the Secretary of State occurs less than 120 days before the date for filing nominating petitions for the election under Charter Section 8, the reapportionment of wards under this section shall not be effective for the regular Municipal election in the year of the proclamation and shall be effective for the next regular Municipal election four years thereafter and all subsequent elections for City offices until the next decennial Federal census. The number of wards shall be an odd number between a maximum of 25 wards and a minimum of 11 wards using the following table that reflects a ratio of one ward for every 25,000 people based on the estimated population figure contained in the proclamation of the Secretary of State:
If the City's population is:
The City shall be divided into the following number of wards:
| More than 575,000.......................................... | 25| 575,000 or less but more than 525,000............
| 23 | 525,000 or less but more than 475,000............
| 21 | 475,000 or less but more than 425,000............
| 19 | 425,000 or less but more than 375,000............
| 17 | 375,000 or less but more than 325,000............
| 15 | 325,000 or less but more than 275,000............
| 13 | 275,000 or less ...............................................
| 11 | |
The wards so formed shall be as nearly equal in population as may be, composed of contiguous and compact territory, and bound by natural boundaries and street lines.
If the Council fails to reapportion the wards within the sixty day period herein provided, the Mayor shall within fifteen business days thereafter submit to Council a plan for the reapportionment of the wards. The Council shall within ten business days after receiving the Mayor's plan, reapportion the wards as herein provided. If the Council does not reapportion the wards within this latter ten business day period, the reapportionment plan of the Mayor shall become effective until the next decennial Federal census when the wards shall be reapportioned as herein provided.
(Effective November 4, 2008)
Members of the Council shall be residents of the City and have the qualifications of electors therein. A member of the Council, who at the time of his election, was a resident of the ward which he represents shall forfeit his office if he removes therefrom. Members of Council shall not hold any other public office or employment except that of notary public or member of the State militia, and shall not be interested in the profits or emoluments of any contract job, work or service of the Municipality. Any member who shall cease to possess any of the qualifications herein required shall forthwith forfeit his office, and any such contract in which any member is or may become interested may be declared void by the Council. No member of the Council shall, except in so far as is necessary in the performance of the duties of his office, directly or indirectly interfere in the conduct of the administrative department, or directly or indirectly take any part in the appointment, promotion or dismissal of any officer, or employee in the service of the City other than the officers or employees of the Council.
(Effective November 9, 1931)
The salaries of the members of the Council first elected under this Charter shall be fixed by the outgoing Council. Thereafter the Council may, by ordinance passed in any even numbered year, change the salary of members of the Council thereafter elected. Until the salaries of the members of the Council are fixed as provided in this section the salary of a member of the Council shall be eighteen hundred ($1,800.00) dollars per year. The salary of a member of the Council shall be paid in equal semimonthly installments. The Council may by ordinance provide compensation for its President in addition to that which he receives as a member of the Council.
For each absence of a member from regular meetings of the Council, unless authorized by a two-thirds vote of all members thereof, there shall be deducted a sum equal to two percent (2%) of the annual salary of each member. Absence from ten (10) consecutive regular meetings shall operate to vacate the seat of a member unless such absence is authorized by the Council.
(Effective November 25, 1964)
At seven o'clock p.m., on the first Monday in January following a regular Municipal election, the Council shall meet at the usual place for holding meetings, at which time the newly-elected members of the Council shall assume the duties of their offices. Thereafter the Council shall meet at such times as may be prescribed by ordinance or resolution. The Mayor, the President of the Council, or any five members thereof may call special meetings of the Council upon at least twelve (12) hours' written notice to each member of the Council, served personally on each member or left at the usual place of residence of such member. Any such notice shall state the subjects to be considered at the meeting and no other subjects shall be there considered. All meetings of the Council or committees thereof shall be public and any citizen shall have access to the minutes and records thereof at all reasonable times.
(Effective November 9, 1931)
The Council shall determine its own rules and order of business and shall keep a Journal of its proceedings. It may punish or expel any member for disorderly conduct or violation of its rules. No expulsion shall take place without the concurrence of two-thirds of all the members elected nor until the delinquent member shall have been notified of the charge against him and been given an opportunity to be heard.
(Effective November 9, 1931)
At the first meeting in January following a regular Municipal election, the Council shall elect one of its members President who shall preside at meetings of the Council and perform such duties as presiding officer as may be imposed upon him by the Council. In the absence of the President the Council shall elect a President pro tempore.
(Effective November 9, 1931)
The Council shall choose a Clerk and such other officers and employees of its own body as are necessary. The Clerk shall keep the records of the Council and perform such other duties as may be required by this Charter or by the Council. All such officers and employees chosen by the Council shall serve during the pleasure thereof.
(Effective November 9, 1931)
The Council shall be the judge of the election and qualification of its members. A majority of all the members elected shall be a quorum to do business, but a less number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members elected to the Council shall be necessary to adopt any ordinance or resolution. The vote upon the passage of all ordinances, and upon the adoption of such resolutions as the Council by its rules shall prescribe, shall be taken by "yeas" and "nays" and entered upon the Journal.
(Effective November 9, 1931)
Ordinances and resolutions shall be introduced in the Council only in written or printed form. All ordinances or resolutions, except ordinances making appropriations, shall be confined to one subject which shall be clearly expressed in the title, except as provided in the next section. Ordinances making appropriations shall be confined to the subjects of appropriation. No ordinance shall be passed until it has been read on three separate days unless the requirement of reading on three separate days has been dispensed with by a two-thirds vote of all the members of the Council. The final reading shall be in full unless a written or printed copy of the measure shall have been furnished to each member of the Council prior to such reading. The enacting clause of all ordinances passed by the Council shall be "Be it ordained by the Council of the City of Cleveland." The enacting clause of all ordinances submitted by the initiative shall be "Be it ordained by the people of the City of Cleveland."
(Effective November 9, 1931)
Ordinances may be revised, codified, rearranged and published in book form under appropriate titles, chapters and sections and such revision and codification may be made in one ordinance containing one or more subjects. The publication of such revision and codification in book form as aforesaid shall be held to be a sufficient publication of the ordinance or several ordinances contained in such revision and codification and so published. Any such publication of a revision or codification of ordinances in book form shall contain a certificate of the President of Council and the Clerk of the correctness of such revision, codification and publication and such book so published shall be received in evidence in any court for the purpose of proving the ordinance or ordinances therein contained, the same and for the same purpose as the original book, ordinances, minutes or journals would be received.
(Effective November 9, 1931)
No ordinance or resolution or section thereof shall be revised or amended, unless the new ordinance or resolution contains the entire ordinance or resolution or section revised or amended, and the original ordinance, resolution, section or sections so amended shall be repealed.
(Effective November 9, 1931)
All ordinances and resolutions shall be in effect from and after thirty (30) days from the date of their passage by the Council except as otherwise provided in this Charter. The Council may by a two-thirds vote of the members elected to the Council, pass emergency measures to take effect at the time indicated in the emergency measure. An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety, or providing for the usual daily operation of a Municipal department, in which the emergency is set forth and defined in a preamble. Ordinances appropriating money may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its services by any public utility, shall ever be so passed.
(Effective November 4, 2008)
Any ordinance or resolution passed by the Council shall be signed by the President or other presiding officer and presented forthwith to the Mayor by the Clerk. If the Mayor approves such ordinance or resolution he shall sign it within ten (10) days after its passage or adoption by the Council but if he does not approve it, he shall return it to the Council with his objections within said ten (10) days, or if the Council be not then in session, at the next regular meeting thereof, which objections the Council shall cause to be entered in full on its Journal. If the Mayor does not sign or veto an ordinance or resolution after its passage or adoption, within the time specified, it shall take effect in the same manner as if he had signed it. The Mayor may approve or disapprove the whole or any item or part of any ordinance or resolution appropriating money. When the Mayor refuses to sign an ordinance or resolution or part thereof and returns it to the Council with his objections, the Council shall, after the expiration of not less than one week, proceed to reconsider it and, if upon reconsideration, the resolution or ordinance or part or item thereof disapproved by the Mayor be approved by the vote of two-thirds of all the members elected to the Council it shall take effect without the signature of the Mayor. In all such cases the votes shall be taken by "yeas" and "nays" and entered on the Journal.
(Effective November 9, 1931)
The tax rate which may be levied without a vote of the people for the current operating expenses of the City, including therein the levies for police and fire pensions, is hereby limited to eight and thirty-five hundredths (8.35) mills per dollar of assessed value upon property listed and assessed for taxation according to value upon the duplicate of property in the City of Cleveland; provided that said limitations may be exceeded for current operating expenses in each of the years 1968, 1969, and 1970, by not more than five and eight-tenths (5.8) mills. This limitation shall apply only to taxes levied against property so listed and assessed.
(Effective November 21, 1967)
Without prejudice to the use of other funds from taxes or other sources available for such purposes the Council may levy in any year not to exceed two-tenths (2/10ths) of a mill outside of the total levy limited by Section 37-1 but within the ten mill limitation, for the purpose only of specific public improvements and equipment having an estimated useful life of five years or longer including but not limited to those for police and fire, City hospital, recreational, and garbage and waste collection purposes. No such levy shall be made unless it includes a levy for the purpose of the equipment of the police and fire forces of the City in an amount not less than one-half of the total of such levy.
(Effective March 29, 1940)
The Council shall annually levy a sufficient sum to pay the interest, Sinking Fund and retirement charges on all bonds and notes of the City of Cleveland lawfully issued, and the expenses incident to the management of the Sinking Fund, which entire levy shall be outside of limitations provided in this Charter, but subject to limitations imposed by general law, and placed before and in preference to all other levies. Amounts certified under the laws of the State as necessary for such purpose shall not be subject to change by Council.
(Effective March 29, 1940)
The Council may at any time subsequent to May 15th and prior to September 15th in any year, declare by resolution, adopted by a vote of two-thirds of all the members elected thereto, that the amount of taxes which may be raised within the limitation of Sections 37-1 and 37-2 of this Charter will be insufficient to provide an adequate amount for the necessary requirements of the City for current operating expenses, and other expenses payable from the General Fund of the City, and such permanent improvements and equipment as shall have an estimated useful life of five years or more and that it is necessary to levy taxes in excess of such limitations, in addition to the levies authorized and limited by Sections 37-1, 37-2, and 37-3 of this Charter, for any Municipal purpose or purposes specified in such resolution. Such resolution shall specify the additional sum which it is necessary to levy, the purpose or purposes thereof, and the additional rate estimated to be required therefor and the percentages of votes to be required. Such resolution shall be effective upon its adoption and shall be certified within five (5) days thereafter to the election authorities, who shall place such question upon the ballot at the next succeeding November election. If a majority of those voting thereon, unless a higher percentage be prescribed by Council, vote for the approval of such additional levy the Council shall immediately make such levy or such part thereof as it finds necessary pursuant to such approval and certify the same to the County Auditor to be placed on the tax list and collected as other taxes, but no such levy shall be made for more than one year.
The authority of the Council to submit additional levies to a vote of the people under authority of the constitution or laws of this State shall not be deemed impaired or abridged by reason of any provision in this Charter contained.
(Effective March 29, 1940)
If any provision of Sections 37-1, 37-2, 37-3 and 37-4 of this Charter shall be held unconstitutional or invalid or unenforcible, such unconstitutional, invalid or unenforcible provision shall be considered severable from the remainder of said section, although contained in sections containing other provisions and shall be excluded from this Charter; and the fact that said provision shall be held to be unconstitutional, invalid or unenforcible shall in nowise affect any other provision of this Charter, although contained in the same section. It is hereby declared that all of Sections 37-1, 37-2, 37-3 and 37-4 of this Charter, or parts of sections, are independent sections and parts of sections, and that the remaining sections and parts of sections, and each provision thereof, would have been adopted by the electors notwithstanding the unconstitutionality, invalidity or unenforceability of any other portion thereof.
(Effective November 7, 1989)
The fiscal year of the City shall begin on the first day of January. On or before the fifteenth day of November in each year the Mayor shall prepare an estimate of the expense of conducting the affairs of the City for the following year and shall submit such estimate to Council no later than February 1 of said following year. This estimate shall be compiled from detailed information obtained from the various departments on uniform blanks prepared by the Director of Finance, and shall set forth:
(a) An itemized estimate of the expense of conducting each department.
(b) Comparisons of such estimates with the corresponding items of expenditure for the last two complete fiscal years and with the expenditures of the current fiscal year plus an estimate of expenditures necessary to complete the current fiscal year.
(c) Reasons for proposed increases or decreases in such items of expenditure compared with the current fiscal year.
(d) A separate schedule for each department showing the things necessary for the department to do during the year and which of any desirable things it ought to do if possible.
(e) Items of payroll increases as either additional pay to present employees, or pay for more employees.
(f) A statement from the Director of Finance of the total probable income of the City from taxes for the period covered by the Mayor's estimate.
(g) An itemization of all anticipated revenue from sources other than the tax levy.
(h) The amounts required for interest on the City's debt, for sinking funds and for maturing serial bonds.
(i) The total amount of outstanding City debt with a schedule of maturities of bond issues.
(j) Such other information as may be required by the Council.
The Mayor shall submit the estimate thus prepared to the Council and at least one thousand (1,000) copies thereof shall be printed for distribution to citizens who may call for them. Copies of the estimate shall also be furnished to the newspapers of the City, and to the public library and each of its branches.
(Effective November 21, 1967)
Upon receipt of the Mayor's estimate the Council shall at once prepare an appropriation ordinance, in such manner as may be provided by ordinance or resolution, using the Mayor's estimate as a basis. Provisions shall be made for public hearings upon the appropriation ordinance before a committee of the Council or before the entire Council sitting as a committee of the whole. Following the public hearings and before the third reading and final passage, the appropriation ordinance shall be published in the City Record with a separate schedule setting forth the items asked for in the Mayor's estimate which were refused or changed by the Council, and the reasons for such change or refusal. The Council shall not pass the appropriation ordinance until fifteen (15) days after its publication nor before the first Monday in January. Upon passage of the appropriation ordinance by the Council it shall be published in the manner provided for other ordinances.
(Effective November 9, 1931)
After the beginning of the fiscal year, and before the annual appropriation ordinance has been passed, the Council may make appropriations for the current expenses of the City, chargeable to the appropriations of the year when passed, to an amount sufficient to cover the necessary expenses of the various departments, divisions and offices until the annual appropriation ordinance is in force. No other liabilities shall be incurred by any officer or employee of the City, except in accordance with the provisions of the annual appropriation ordinance.
(Effective November 9, 1931)
Upon the written recommendation of the Mayor, the Council may at any time transfer an unencumbered balance of an appropriation made for the use of one department, division or purpose to any other department, division or purpose, but no such transfer of revenues or earnings of any non-tax supported public utility to any other purpose shall be made, except that at the close of the fiscal year transfers may be made of the earnings of the transit system or of any utility hereafter acquired by the City not in excess of the amount which said utility would pay in the form of taxes available for the General Fund and debt service of the City of Cleveland if privately owned and subject to the terms of any indenture of mortgage affecting the transit system or other utility hereafter acquired. Any provision of this Charter notwithstanding, nothing in this Charter shall be construed to prohibit the use, transfer, or expenditure of tax revenues for the operations, improvements or debt service of any City-owned public utility.
(Effective November 6, 1990)
Any accruing revenue of the City, not appropriated as hereinbefore provided, and any balances at any time remaining after the purposes of the appropriation shall have been satisfied or abandoned may from time to time be appropriated by the Council to such uses as will not conflict with any uses for which specifically such revenue accrued.
(Effective November 9, 1931)
No moneys shall be drawn from the treasury of the City, nor shall any obligation for the expenditure of money be incurred, except pursuant to appropriations made by the Council; and whenever an appropriation is so made the Clerk shall forthwith give notice to the Director of Finance. At the end of each year all unexpended balances of appropriations shall revert to the respective funds from which the same were appropriated and shall then be subject to future appropriation; but appropriations may be made in furtherance of improvements or other objects or work of the City which will not be completed within the current year.
(Effective November 9, 1931)
Moneys appropriated as hereinbefore provided shall not be used for other purposes than those designated in the appropriation ordinance without authority from the Council. The Mayor and the Director of Finance shall supervise all departmental expenditures, and shall keep such expenditures within the appropriations.
(Effective November 9, 1931)
The Council may submit to the electors in the manner provided in Section 200 for the submission of proposed amendments to the Charter, the question of the proposed alienation, surrender or release of any rights of the City of Cleveland in or to the territory now covered by the waters of Lake Erie within the territorial limits of the City of Cleveland, or formerly covered thereby but now or hereafter filled. When approved by a majority of the electors voting upon such proposition, the alienation, surrender or release of such rights shall be done by proper instrument executed in the name of the City of Cleveland by the Mayor; provided, however, that, except pursuant to the referendum provisions of this Charter, no such proposition shall be required to be submitted to the vote of the electors in the case of granting of leases or franchises in or to said territory or any part thereof or in the event that such territory or any part thereof is conveyed to, or otherwise made available for use by, a port authority originally created jointly by the City and the County of Cuyahoga under authority of the laws of Ohio.
Any and all proceedings designed to carry into execution the provisions of Ordinance No. 37904-A, approved by the electors on November 2, 1915, and Ordinance No. 47814, adopted by the electors on January 6, 1919, or amendatory of or supplementary to said ordinances are hereby expressly authorized, ratified, approved and confirmed.
(Effective June 3, 1968)
The Council, the Mayor, or any person or committee authorized by either of them, shall have power to inquire into the conduct of any department, office, officer or employee of the City and to make investigation as to City affairs, and for that purpose may subpoena witnesses, administer oaths, and compel testimony, the production of books, papers, and other evidence. It shall be the duty of the Mayor to designate a police officer to serve such subpoenas. The Council shall provide by ordinance the penalty or penalties for contempt in refusing to obey any such subpoena, or to produce such books, papers or other evidence, and shall have the power to punish any such contempt in the manner provided by ordinance.
(Effective November 9, 1931)
The Council shall cause a continuous audit to be made of the books of account, records and transactions of the administrative departments of the City. Such audit, during each fiscal year, shall be made by one or more certified public accountants, who, for three years next preceding, have held a certificate issued by the State Board of Accountancy of Ohio or by a state maintaining an equal standard of professional requirements, which entitles the holder of such certificate to an Ohio certificate. The duties of the auditor or auditors, so appointed, shall include the certification of all statements required under Section 95 of this Charter. Such statements shall include a general balance sheet, exhibiting the assets and liabilities of the City, supported by departmental schedules, and schedules for each utility publicly owned or operated; summaries of income and expenditures, supported by detailed schedules, and also comparisons, in proper classification, with the last previous year. The report of such auditor or auditors for each fiscal year shall be printed and a copy thereof furnished to the Ohio State Bureau of Inspection and Supervision of Public Offices, to the Mayor, to each member of the Council and to each citizen who may apply therefor; and a condensed summary thereof shall be published in the City Record.
(Effective November 9, 1931)
Every ordinance or resolution upon its final passage shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer and Clerk of the Council. Every ordinance or resolution shall be published at least once in the City Record within ten (10) days after its final passage.
(Effective November 9, 1931)