Rules and Personnel - Regular Meeting

Call To Order

Pledge of Allegiance

Roll Call

Procedure Review

Public comments will be taken at the beginning of each meeting. After a brief discussion people will be asked to limit their public comments to three minutes. Public comments will also be invited as each Charter Article is reviewed.

Approval of Minutes

TMP-5355 Approval of the May 4, 2026 Charter Review Commission Meeting Minutes Attachments: 5-4-26 Draft CRC Minutes

Reading of Correspondence

Public Comment

Bidding and Procurement

The City, pursuant to Article XVIII, Sections 3 and 7 of the Ohio Constitution, hereby exercises its home rule authority to govern the manner in which City contracts are solicited, awarded, and administered. The City shall not be required to follow the competitive bidding procedures set forth in the Ohio Revised Code, including but not limited to R.C. 7.12, 9.31, 153.12–153.14, 735.05, or any successor statutes. Where a conflict exists between this Charter and state law regarding procurement or contracting, this Charter shall control.

Procurement System

The City hereby establishes its own procurement and contracting system. City contracts shall be awarded in accordance with the procedures set forth in this Charter and ordinances enacted pursuant to it. The City may utilize any lawful procurement method, including but not limited to: - Competitive bidding - Competitive bargaining - Requests for proposals (RFPs) - Requests for qualifications (RFQs) - Cooperative purchasing - Direct negotiation - Design build, construction manager at risk, or other alternative delivery methods

Bidding Thresholds

Competitive bidding shall be required only for contracts exceeding the amount to be set by the Council. Council may, by ordinance, adjust this threshold from time to time.

When Competitive Bidding Shall Not Be Utilized

Competitive bidding shall not be used for: 1. Professional services, including but not limited to legal, engineering, architectural, consulting, auditing, and financial advisory services. 2. Emergency purchases, where the Council or the Mayor determines that immediate action is necessary to protect public health, safety, or property. 3. Cooperative purchasing through state, federal, or intergovernmental programs. 4. Sole source procurement, where only one supplier is reasonably available. 5. Purchases below the bidding threshold established by Council as required by x.3. 6. Council may establish additional exceptions by ordinance.

Delegation to Council

Council is authorized to enact ordinances governing procurement procedures, contract administration, purchasing authority, and related matters. Such ordinances shall have the same force and effect as if set forth in full in this Charter and shall supersede conflicting provisions of state law.

Transparency and Accountability

To ensure transparency and fiscal responsibility, the council shall adopt ordinances requiring: - Public notice of procurement opportunities - Documentation of procurement decisions - Annual reporting of contracts awarded without competitive bidding These requirements shall not be construed to incorporate or reinstate state bidding statutes. Attached are two Cases that I (Robert Duffrin) have based the procurement Section on. Below are provisions from other cities. In my opinion, this one would be the clearest in the State. [Similar -less precise- Provisions from other Municipalities]

WAIVER OF COMPETITIVE BIDDING.

By a vote of no less than five members, Council may waive the competitive bidding requirement if the statutory or common law of the State of Ohio does not require competitive bidding; if Council determines that an item is available and can be acquired only from a single source; or if Council determines that a waiver of the competitive bidding requirement is in the best interest of the City. Article VIII Dublin Charter

COMPETITIVE BIDDING.

Council, by ordinance, shall establish a threshold amount, notice provisions and other procedures for competitive bidding. When any contract for the construction of a public improvement or the purchase of equipment, supplies, or materials is estimated to exceed the threshold established by Council, the contract shall be competitively bid. Council shall award a contract to the lowest and best bidder, provided that Council may reject any and all bids in whole or by items. No contract shall be divided to avoid the requirements of competitive bidding.

WAIVER OF COMPETITIVE BIDDING.

By a vote of no less than five members, Council may waive the competitive bidding requirement if the statutory or common law of the State of Ohio does not require competitive bidding; if Council determines that an item is available and can be acquired only from a single source; or if Council determines that a waiver of the competitive bidding requirement is in the best interest of the City.

PROFESSIONAL SERVICES.

Contracts for professional services shall not be subject to the competitive bidding requirements of this Section and shall not require authorization by Council if the current operating budget provides sufficient funding for the scope of services in any such contract.

ALTERATIONS OR MODIFICATIONS OF CONTRACTS.

Council shall establish procedures for alterations or modifications of contracts. Modifications or alterations of contracts shall not require competitive bidding.

Executive Charter page 4 Paragraph 6 Remove the words "or appointed" or change the wording to address the authority to remove the Law Director, if appointed.

The Mayor shall, except for the individual elected or appointed as the Director of Law, and except where this Charter provides that others shall perform such function, appoint and remove all directors of city departments and all subordinate officers and employees in the city departments, subject to the provisions of paragraph D below, and the civil service provisions of this Charter.

Item Five Charter page 5. ARTICLE 3.3 POWERS OF THE MAYOR Executive D Appointment: Confirmation of Directors and Other Employees

Except as set forth in Section 6.4 of this Charter, the Mayor shall appoint, or engage pursuant to contract, persons who shall serve as Directors of the city administrative departments. Such persons shall be subject to confirmation by a majority vote of the members of Council and shall serve at the pleasure of the Mayor and Council. Such Directors may be removed by the Mayor upon approval of a two-thirds (2/3) vote of the members of Council. If the elected Director of Law is replaced for any reason by an appointed Director of Law, the appointed Director of Law may be removed by the Mayor upon approval of a two-thirds (2/3) vote of the members of Council.

Director of Law Term and Qualifications

The Law Department shall be headed by a director of law. The director of law shall be elected for a four-year term, commencing on the first day of January next after their election. The director of law shall be a qualified elector of the City of Green and, for at least two (2) continuous years immediately prior to the director's election or appointment, shall be a resident of the City of Green. During their term, the director of law shall remain a qualified elector of the City of Green. The director of law shall be nominated pursuant to Sections 5.3 and 5.4 of the Charter in the same manner as the Mayor, requiring the same number of signatures as Council members at Large. There shall be no primary election unless four (4) or more persons file nominating petitions. Prior to filing nominating petitions or being appointed to the position of director of law, the attorney seeking the position must file a certification with the City Clerk affirming that they have been a licensed attorney in the State of Ohio for at least five years, that they are in good standing with the Supreme Court of Ohio, and that they have practiced civil law in the State of Ohio for at least five years. The director of law shall not otherwise be employed by the City and shall hold no other public office except as a notary public, a member of the Ohio National Guard, or a member of the Reserve Corps of the United States.

Powers and Duties

The director of law shall prepare or review all contracts, bonds, and other instruments in writing in which the city is concerned and shall serve the several directors and officers of the City of Green as legal counsel and attorney. The director of law shall be the City's prosecuting attorney. City Council may authorize the employment of assistants, employees, or contract attorneys on a permanent or temporary basis, depending on the work and demand. When City Council authorizes assistants or other employees to the Law Department, the director of law may designate the assistants to act on behalf of the director. When the director of law determines that a conflict of interest may exist, City Council may employ outside attorneys to avoid the conflict.

Obligations

The director of law shall prosecute or defend on behalf of the city, all complaints, suits, and controversies in which the city is a party, and such other suits, matters, and controversies as they are, by resolution or ordinance, directed to prosecute.

Legal Opinions

When an officer of a city entertains doubts concerning the law in any matter before their official capacity, and desires the opinion of the city director of law, they shall clearly state to the director of law, in writing, the question upon which the opinion is desired, and thereupon the director of law shall, within a reasonable time, reply orally or in writing to such inquiry. The right conferred upon such officers by this section extends to city council and to each board. The opinions issued shall be confidential and subject to the attorney-client privilege.

Replacement

Whenever the office of the director of law becomes vacant for any reason, the vacancy shall be filled by a three-fourths majority vote of the city council from a qualified applicant who has certified their qualifications as set forth in x.1. The city council shall fill the vacancy no sooner than thirty days and no later than forty-five days after the vacancy occurs. If an appointment is not made within the 45-day time limit, provided that an election has not occurred within the 45 days, the Mayor shall appoint a qualified applicant who has certified their qualifications as set forth in x.1. If an election for director of law has occurred during the vacancy period and the vacancy has not been filled, the newly elected director of law shall be automatically appointed to the open position. If an appointment is made to fill the director of law position, the director of law shall continue in office until the expiration of the current term or removal.

Removal

If the director of law is suspended from the practice of law in the State of Ohio, becomes mentally incapacitated for more than 90 days, or is no longer an elector of the City of Green, the position of director of law shall be deemed vacant and subject to appointment. An appointed director of law may be removed, consistent with the removal process for other city directors, pursuant to Section _____ of this Charter.

Compensation

Prior to an election for a new term for the director of law, City Council shall designate whether the position is full-time or part-time. If City Council does not make a designation, the position shall remain as previously designated. City Council shall determine the salary and benefits of the director of law in accordance with the limits provided. A part-time director of law shall receive a salary of at least 75% of the highest-paid director in the City of Green. A full-time director of law shall be compensated at least as much as the highest-paid director in the City of Green. During the term of the director of law, City Council may temporarily increase the position's compensation to address an increased workload.

First, funds shall be allocated to defray all expenses of collection, administration, and enforcement of the income tax and the provisions of the ordinance.

Parks and Recreation Income Tax fund. At least sixty percent (60%) of the annual allocation shall be used exclusively for parks and recreation capital purposes, including: the acquisition of property, construction of facilities and amenities, and the acquisition, repair, or improvement of park equipment and other park related infrastructure.

No more than forty percent (40%) of the annual allocation may be used for the operation, programming, and general care and support of parks and recreation services, facilities, lands, and activities. shall be allocated and assigned to the City parks and recreation program. Such funds shall be appropriated first to capital expenditures, that is, the purchase of property, building construction, or other improvements with a life of five (5) years or longer.; provided that if the total expended funds for such capital expenditures are less than the total funds available for capital expenditures, up to fifteen percent (15%) of the seven percent (7%) of income tax revenues available annually may be expended for the City's parks and recreation special events and programming. Any unused funds shall, on an annual basis, be assigned to a fund for use only for future capital expenditures, special events and programming in support of the City's parks and recreation program on the same allocation basis set forth in this Section. (Amended November 6, 2012) This provision shall be reviewed by the Charter Review Commission as specified in the time period mandated in Section 9.2. (Amended November 8, 2005) B.C. Third, funds shall be allocated as required to defray expenses of the General Fund of the City. (Amended November 3, 1998) Betty Konen asked and Mayor Yeargin agreed the last sentence, "This provision shall be reviewed by the Charter Review Commission as specified in the time-period mandated in Section 9.2. (Amended November 8, 2005)" remain unchanged.

Adjournment