Effective: March 17, 1998
Latest Legislation: House Bill 445 - 122nd General Assembly
(A)(1) Except as otherwise provided in division (A)(2) of this section, when the office of a member of the legislative authority of a village becomes vacant, the vacancy shall be filled by election by the legislative authority for the unexpired term. If the legislative authority fails within thirty days to fill such vacancy, the mayor shall fill it by appointment except that, subject to division (A)(2) of this section, when the vacancy occurs because of the operation of section 733.25 of the Revised Code, the successor shall hold office only for the period the president pro tempore of the legislative authority holds the office of mayor.
(2) When a vacancy occurs in the office of a member of the legislative authority of a village with a population of less than two thousand because of the operation of section 733.25 of the Revised Code, at the time the president pro tempore becomes mayor the president pro tempore shall decide whether the president pro tempore wishes to serve the remainder of the president pro tempore's unexpired term as a member of the legislative authority of the village when the mayor's successor is elected and qualified in accordance with that section. If the president pro tempore decides to serve the remainder of the president pro tempore's unexpired term as a member of the legislative authority, the vacancy on the legislative authority shall not be filled and the president pro tempore shall resume serving the president pro tempore's unexpired term on the legislative authority as soon as the mayor's successor is elected and qualified. If the president pro tempore decides not to resume serving the remainder of the president pro tempore's unexpired term as a member of the legislative authority as soon as the mayor's successor is elected and qualified, then the vacancy in the office of member of the legislative authority shall be filled in accordance with this section.
(B) Except as otherwise provided in this division, when the office of a member of the legislative authority of a city becomes vacant either because a member ceases to hold the office before the end of the member's term or because a member-elect fails to take office, the vacancy shall be filled for the remainder of the unexpired term by a person chosen by the residents of that city who are members of the county central committee of the political party by which the last occupant of that office or the member-elect was nominated. If the vacancy occurs in the office of a ward representative in a city where the political party which nominated the last occupant of that office is organized into a city controlling committee with more than one member from the ward where the vacancy exists, the members of the city controlling committee representing that ward shall choose the person to fill the vacancy.
(C) Not less than five nor more than forty-five days after a vacancy occurs, the specified members of the city or county committee shall meet to make an appointment to fill the vacancy. At least four days before the date of such meeting the chairperson or secretary of the city or county committee shall notify each committee member eligible to vote on filling the vacancy by first class mail of the date, time, and place of the meeting and its purpose. A majority of all eligible committee members constitutes a quorum, and a majority of the quorum is required to make the appointment. If election to the office so vacated took place at a nonpartisan election, or if the office was occupied by, or was to be occupied by a person not nominated at a primary election, or if the appointment was not made by the committee members in accordance with this section, the vacancy shall be filled in the same manner as a vacancy in the legislative authority of a village, as provided in this section.
Structure Ohio Revised Code
Title 7 | Municipal Corporations
Section 731.01 | Members of Legislative Authority.
Section 731.02 | Qualifications of Members of Legislative Authority.
Section 731.03 | Election and Term of Members of Legislative Authority.
Section 731.04 | Officers of Legislative Authority.
Section 731.05 | Powers of Legislative Authority.
Section 731.06 | Division of City Into Wards.
Section 731.07 | Salaries Shall Not Be Changed During Term.
Section 731.08 | Power of Legislative Authority as to Salaries and Bonds.
Section 731.09 | Members of Village Legislative Authority - Election - Terms of Office.
Section 731.091 | Elimination of Staggered Terms of Office.
Section 731.10 | President Pro Tempore of the Legislative Authority - Employees.
Section 731.11 | Vacancy When President Pro Tempore Becomes Mayor.
Section 731.12 | Qualifications of Members of Village Legislative Authority.
Section 731.13 | Compensation and Bonds of Village Officers, Clerks and Employees.
Section 731.14 | Contracts by Legislative Authority of a Village - Exception.
Section 731.141 | Village Administrator to Make Contracts and Purchases.
Section 731.15 | Bids and Proceedings.
Section 731.16 | Alterations or Modifications of Contracts.
Section 731.17 | Passage of Ordinances and Resolutions.
Section 731.18 | Style of Ordinances.
Section 731.19 | Subject and Amendment of Bylaws, Ordinances, and Resolutions.
Section 731.20 | Authentication and Recording.
Section 731.21 | Publication of Ordinances and Resolutions.
Section 731.211 | Method of Giving Notice of Proposed Charter Amendments.
Section 731.22 | Times of Publication Required.
Section 731.23 | Publication and Certification of Ordinances in Book Form.
Section 731.231 | Adopting Standard or Technical Ordinances and Codes.
Section 731.24 | Certificate of Clerk as to Publication.
Section 731.25 | Publication When No Newspaper in Municipal Corporation.
Section 731.26 | Effect of Not Making Publication.
Section 731.27 | Mayor's Veto in Cities.
Section 731.28 | Ordinances and Measures Proposed by Initiative Petition.
Section 731.29 | Petition for Referendum.
Section 731.30 | Application of Sections.
Section 731.31 | Presentation of Petition.
Section 731.32 | Copy of Proposed Ordinance or Measure Filed With Auditor or Clerk.
Section 731.33 | Words Which Shall Be Printed in Red.
Section 731.34 | Designation of Committee Filing Petition.
Section 731.35 | Itemized Statement by Circulator of Petition.
Section 731.36 | Prohibited Practices Relative to Petitions.
Section 731.38 | Prohibition Against Accepting Premium for Signing.
Section 731.40 | Prohibition Against Threats in Securing Signatures.
Section 731.41 | Charter Municipal Corporations.
Section 731.42 | Bylaws and Ordinances as Evidence.
Section 731.43 | Vacancy in Village Legislative Authority.
Section 731.44 | Judge of Election and Qualification of Members - Quorum and Special Meetings.
Section 731.45 | Rules - Journal - Expulsion of Members.
Section 731.46 | Meetings of Legislative Authority.
Section 731.47 | General Powers.
Section 731.48 | Contract Restrictions.
Section 731.49 | Failure to Take Oath or Give Bond.
Section 731.50 | Notice When New Bond Required.
Section 731.51 | Notice to Owner to Cut Noxious Weeds or Remove Litter - Service.
Section 731.52 | Fees for Service and Return.
Section 731.53 | Procedure When Owner Fails to Comply With Notice.
Section 731.54 | Written Return to County Auditor - Amount a Lien Upon Property.
Section 731.55 | Insurance for City Funds or Securities - Costs.
Section 731.56 | Investment of City Funds.
Section 731.57 | Investment Authorized - Limitations - Procedure.
Section 731.58 | Treasury Investment Account.