City of St. Bernard, Ohio

Charter Page

Article IX

Transition Between City and Village Status

Section 9.01 Intent of the Electors: It is the intent of the electors of the Municipality in adopting this Charter to maintain as near as possible the form and structure of government existing at the time of the initial adoption of the Charter. The provisions of this Charter are designed to replicate the form, structure, powers, and duties of municipal government accorded to statutory cities in the State of Ohio. Except as expressly provided herein, where the Ohio Revised Code prescribes a different form or structure or different powers and duties for statutory cities and statutory villages, it is the intent of the electors of the Municipality, as expressed in this Charter, to follow the prescriptions for statutory cities, whether the Municipality is a city of a village.

Section 9.02 Continuity of Municipal Structure: In the event of a change in the Municipality's status as a city or a village, all offices, departments, boards, and commissions, which exist at the discretion of Council, the Mayor, or other officers of the Municipality, shall continue to exist, with all powers and duties previously accorded to them, until the appropriate authority expressly determines otherwise.

Section 9.03 Continuity of Power and Duties: Whether the Municipality is a city or a village, the Municipality and its executive and administrative offers, Council, council members, departments, boards, and commissions shall retain all powers and duties set forth in this Charter, except those specifically and expressly addressed herein and those that are inconsistent with the Constitution and general laws of the State of Ohio now or hereafter in effect.

Section 9.04 Continuity of Administration: Following a transition between city and village status, all individuals serving as elected or appointed officials shall continue in office, subject to the terms of this Charter, until the expiration of their terms of office.

Section 9.05 Continuity of Wards: Following a transition between city and village status, the existing division of the Municipality into ward s shall continue in force until Council undertakes redistricting pursuant to Ohio Revised Code § 731.06 as presently codified or hereafter amended and the Constitution and general laws of the State of Ohio now or hereafter in effect.

Section 9.06 Continuity of Laws: Following a transition between city and village status, all or Ordinances and resolutions in effect at the time shall continue in force until amended or repealed by Council.

Section 9.07 Board of Health: If the Municipality becomes a village, the Municipality shall, pursuant to Ohio Revised Code § 3709.01, thereafter participate in a general health district. The Municipality's Board of Health shall continue to exist, but shall subsequently be known as the Health Service Commission. The Municipality's Health Service Commission shall continue to have all powers and duties accorded by this Charter to the Board of Health and accorded by the Constitution and general laws of the State of Ohio now or hereafter in effect to a city board of health, except those powers and duties granted exclusively to the Board of Health operating in the general health district in which the Municipality shall thereafter participate.

Section 9.08 Civil Service Commission: If the Municipality becomes a village, the Municipality shall continue to have a Civil Service Commission, which shall retain all powers and duties granted by Section 5.04 of this Charter.

Section 9.09 Miscellaneous Provisions: Whether the Municipality is a city or a village, the conduct of elections, the power to recall elective officers and the rights to initiative and referendum shall be governed b this Charter and shall remain the same.