Below you will find the 2008 Rocky River Charter Amendments that will be found on the November ballot.  For additional information regarding these amendments, the minutes from the 2008 Charter Review Commission meetings can be found on the City’s website at rrcity.com.

 

LEGAL NOTICE

CITY OF ROCKY RIVER

TEN ISSUES ON NOVEMBER 4, 2008 BALLOT FOR ROCKY RIVER VOTERS

 

At the November 4, 2008 General Election, voters in the City of Rocky River will have an opportunity to vote on ten issues which are proposed amendments to the Charter of the City of Rocky River.  These issues have been proposed by the Rocky River Charter Review Commission, a nine member citizen committee which met from March to June, 2008.  According to the City’s Charter, City Council must appoint a Charter Review Commission every six years.  The Commission’s job is to review the City Charter and to recommend changes to the Council.  Those recommendations must be placed on the ballot.

 

The ballot submitting the question of the adoption of the proposed amendments shall read substantially as follows:

 

ISSUE NO. 88

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

 

Shall Article II, Section 2 of the Charter of the City of Rocky River be amended to delete from the qualifications to serve as Mayor the prohibition against serving in excess of one month in continuous active state or national military service?

 

Passage would amend Article II, Section 2 to read as follows:

“ARTICLE II

THE MAYOR

Section 2.  QUALIFICATIONS

The Mayor shall be a qualified elector at the time of his election and he shall have been a resident of this City for at least one (1) year immediately prior to the date of his election, and shall continue to be a qualified elector and a resident therein during his term.  He shall not hold any other compensated public office or public employment of either the City of Rocky River or of the Board of Education of a school district including within such district a portion of the territory of the City of Rocky River, nor shall he serve as Director of Finance.”

 

 

ISSUE NO. 89

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

Shall Article III, Section 3 of the Charter of the City of Rocky River be amended to delete from the qualifications to serve as a member of Council the prohibition against serving in excess of one month in continuous active state or national military service?

Passage would amend Article III, Section 3 to read as follows:

 

“ARTICLE III

THE COUNCIL

SECTION 3.  QUALIFICATIONS.

All members of Council shall be qualified electors at the time of their election.  They shall have been residents of the City for at least one (1) year immediately prior to the election and shall continue to be the same during their term of office, provided further that any member of Council elected from a ward shall have been a resident of the ward from which he was elected for at least one (1) year immediately prior to his election and shall continue to be the same during his term of office.  No member of Council shall hold any other compensated public office or public employment of the City of Rocky River. ”

 

 

ISSUE NO. 90

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

Shall Article IV, Section 2 of the Charter of the City of Rocky River concerning the qualifications for election to the position of Director of Law be amended to add an alternate qualification of at least five years of general attorney experience?

 

Passage would amend Article IV, Section 2 to read as follows:

“ARTICLE IV

ADMINISTRATIVE DEPARTMENTS

SECTION 2.  DEPARTMENT OF LAW.

The Department of Law shall be administered by a Director of Law.  The Director of Law shall be a qualified elector at the time of his election, duly admitted to practice law in the State of Ohio with at least five (5) years of general attorney experience, or at least three (3) years of prior municipal attorney experience either [1] as an assistant law director and/or law director for an Ohio municipality or [2] as an attorney representing an Ohio municipality in civil actions in state or federal court and shall have been a resident of the City for at least one (1) year immediately preceding his election or appointment and shall continue to be a resident of the City during his term of office.  Said Director shall be elected at the regular municipal election in each odd-numbered year for a period of two (2) years.  His term shall commence and he shall assume office on the first day of January following his election and shall serve out his term or until his successor is elected and qualified, whichever occurs last.”

 

 

ISSUE NO. 91

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

 

Shall Article VI, Section 4(c)(3) of the Charter of the City of Rocky River concerning the powers and duties of the Parks and Recreation Commission, be amended to change the timeframe for reviewing and recommending to the Mayor a projected annual recreation program budget, from the time period of on or before the first day of June of each year, to at least thirty days prior to the commencement of the annual City budget process?

 

Passage would amend Article VI, Section 4(c)(3) to read as follows:

“ARTICLE VI

BOARDS AND COMMISSIONS

SECTION 4.  PARKS AND RECREATION COMMISSION.

(c)Powers and Duties.

(3)Commission shall have the following specific duties and powers:  To review and recommend to the Mayor, at least thirty (30) days prior to the commencement of the annual City budget process, a proposed line item budget together with a projected recreation program for the ensuing fiscal year.  Such budget shall cover all recreation and leisure time activities and programs, including adult education, but shall not include the operation of the City’s outdoor swimming pool and indoor ice rink facilities until the Council shall, by ordinance, place such facilities within the operational jurisdiction of the commission.  To establish all fees and charges for participation in the various activities and program within the Commission’s operational jurisdiction.  To assist organized groups conducting recreation and leisure time activities and programs and to appoint such citizen committees as the Commission deems necessary.”

 

 

 

 

ISSUE NO. 92

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

 

Shall Article VI, Section 4(c)(3) of the Charter of the City of Rocky River concerning the Parks and Recreation Commission’s proposed line item budget be amended to clarify that the proposed line item budget does not include the operation of the City’s civic center unless Council shall, by ordinance, place such facility within the Commission’s operational jurisdiction?

 

Passage would amend Article VI, Section 4 (c)(3) to read as follows:

“ARTICLE VI

BOARDS AND COMMISSIONS

SECTION 4.  PARKS AND RECREATION COMMISSION.

(c) Powers and Duties.

(3) Commission shall have the following specific duties and powers:  To review and recommend     to the Mayor, on or before the first day of June of each year, a proposed line item budget together with a projected recreation program for the ensuing fiscal year.  Such budget shall cover all recreation and leisure time activities and programs, including adult education, but shall not include the operation of the City's civic center, outdoor swimming pool and indoor ice rink facilities unless the Council shall, by ordinance, place such facilities within the operational jurisdiction of the Commission.  To establish all fees and charges for participation in the various activities and programs within the Commission’s operational jurisdiction.  To assist organized groups conducting recreation and leisure time activities and programs and to appoint such citizen committees as the Commission deems necessary. ”

 

 

 

ISSUE NO. 93

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

 

Shall Article VII, Section 3 of the Charter of the City of Rocky River be amended to authorize the Director of Finance to make investments consistent with the general laws of the State of Ohio in accordance with the Ohio Uniform Depository Act and any amendments thereto?

 

Passage would amend Article VII, Section 3 to read as follows:

“ARTICLE VII

FINANCES

SECTION 3.  CUSTODY AND DEPOSIT OF FUNDS.

The Council shall, by ordinance, provide for the safekeeping of all funds of the City and for the deposit of funds in a bank or banks.  All funds received on behalf of the City by any officer, employee or agent thereof, shall be promptly paid over to the Director of Finance and by him promptly placed in a depository bank, but the Council may authorize such sums as it deems proper to be kept in cash for the daily operation of any department or office.  The Director of Finance may invest moneys of the City in any or all of the following:  Investments consistent with the general laws of the State of Ohio in accordance with the Ohio Uniform Depository Act and any amendments thereto, bonds or notes of this City, bonds or other obligations of the United States or those for the payment of principal and interest of which the faith of the United States is pledged, bonds or other obligations of this State and bonds or other obligations of any political subdivision or taxing district of this State as to which there is no default of principal or interest, in such manner as is now or hereafter provided by ordinance of Council or by the laws of the State of Ohio, and the State Treasury Asset Reserve (STAR), an investment pool managed by the Ohio Treasurer of the State, as defined in Section 135.45 (F)(2)(a) of the Ohio Revised Code.”

 

ISSUE NO. 94

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

 

Shall Article VII, Section 4 of the Charter of the City of Rocky River be amended to change Council’s expenditure limitations without public bidding to be consistent with the amount provided by the general laws of the State of Ohio?

 

Passage would amend Article VII, Section 4 to read as follows:

“ARTICLE VII

FINANCES

SECTION 4.  PUBLIC BIDDING

No expenditure of more than the amount consistent with the general laws of the State of Ohio shall be made except pursuant to contract authorized by Council and made with the lowest and best bidder after public advertising and receipt of bids in the manner provided by ordinance.  Provided, however, the Council may authorize expenditure of funds of the City in amounts exceeding the limitations consistent with the general laws of the State of Ohio without public bidding for the acquisition of real estate, for personal services, for the joint use of facilities or exercise of powers with other political subdivisions, for the product or services of public utilities (including those municipally or privately operated), or in the event of an emergency or catastrophe for the necessary repairs, including labor and material and for the purchase and/or lease of supplies, material, equipment or replacement equipment to eliminate and correct damages caused by said emergency or catastrophe.”

 

 

ISSUE NO. 95

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

 

Shall Article IX, Section 2 of the Charter of the City of Rocky River be amended to change the date of the primary election to the second Tuesday in September prior to the regular municipal election?

 

Passage would amend Article IX, Section 2 to read as follows:

“ARTICLE IX

NOMINATIONS AND ELECTIONS

SECTION 2.  PRIMARY ELECTIONS

Except as hereinafter provided in Section 4 of this Article, primary elections shall be held for the purpose of nominating persons as candidates of political parties for election to offices provided for by this Charter to be voted for at the next succeeding regular municipal election.  Such primary elections shall be held on the second (2nd) Tuesday in September prior to each regular municipal election.”

 

 

ISSUE NO. 96

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

 

Shall Article IX, Section 3 of the Charter of the City of Rocky River be amended to change the filing date for declaration of candidacy for a party nomination to a municipal office to the seventy-fifth day before the primary election?

Passage would amend Article IX, Section 3 to read as follows:

 

“ARTICLE IX

NOMINATIONS AND ELECTIONS

 

SECTION 3.  DECLARATION OF CANDIDACY.

Each person desiring to become a candidate for a party nomination to a municipal office shall be voted for at the next succeeding regular municipal election shall, not later than 4:00 P.M. of the seventy-fifth (75th) day before the day of the primary election provided for in Section 2 of this Article, file with the Board of Elections of Cuyahoga County, Ohio, a declaration of candidacy and a nominating petition, which petition shall require signatures of registered electors of the same political party as the candidate, not less than twenty-five (25) for ward councilman; one hundred (100) for councilman-at-large and the City offices at large.”

 

 

ISSUE NO. 97

PROPOSED CHARTER AMENDMENT

CITY OF ROCKY RIVER

 

A Majority Affirmative Vote is Necessary for Passage

 

Shall Article X of the Charter of the City of Rocky River be amended to add a new section to authorize City Council by ordinance to delete obsolete language, rearrange the numbering and titles, and correct typographical errors in the Charter?

Passage would amend Article IX, Section 3 to read as follows:

 

“ARTICLE X

GENERAL

 

SECTION __. DELETION OF OBSOLETE LANGUAGE, REARRANGEMENT OF NUMBERS AND TITLES, AND CORRECTION OF TYPOGRAPHICAL ERRORS.

 

     City Council in consultation with the Director of Law, may by Ordinance do any of the following:

 

             (1)  delete any Charter language that has become obsolete as a result of either the passage of time, an amendment to the Charter, or the preemption of State or Federal law;

 

              (2)  prior to reprinting the Charter upon any adoption by the electorate of any amendment hereto, make such changes to the numbers, titles and arrangement of articles and sections as may be necessary to maintain the logical and consistent ordering of the Charter; and

 

              (3)  correct typographical errors appearing in the Charter.

 

No such deletion of obsolete language, or rearrangement and correction of typographical errors may be made which affects the substance or meaning of this Charter or any part thereof or amendment thereto. ”