Effective: September 13, 2016
Latest Legislation: Senate Bill 63 - 131st General Assembly
(A) Unless otherwise provided by law, vacancies arising in appointive and elective offices of villages shall be filled by appointment by the mayor for the remainder of the unexpired term, provided that:
(1) Vacancies in the office of mayor shall be filled in the manner provided by section 733.25 of the Revised Code;
(2) Vacancies in the membership of the legislative authority shall be filled in the manner provided by section 731.43 of the Revised Code;
(3) Vacancies in the office of president pro tempore of a village legislative authority shall be filled in the manner provided by section 731.11 of the Revised Code.
In the event of a vacancy in the office of village clerk or treasurer, the mayor may appoint a person to serve as an acting officer to perform the duties of the office until a permanent officer is appointed to fill the vacancy.
(B) Unless otherwise provided by law, vacancies arising in appointive offices of cities shall be filled by appointment by the mayor for the remainder of the unexpired term.
(C) A vacancy in the office of president of the legislative authority of a city shall be filled in the same manner as provided in division (D) of this section. Vacancies in the office of mayor of a city shall be filled in the manner provided in section 733.08 of the Revised Code. Vacancies in the membership of the legislative authority of a city shall be filled in the manner provided in section 731.43 of the Revised Code.
(D) In case of the death, resignation, removal, or disability of the director of law, auditor, or treasurer of a city and such vacancy occurs more than forty days before the next general election for such office, a successor shall be elected at such election for the unexpired term unless such term expires within one year immediately following the date of such general election. In either event, the vacancy shall be filled as provided in this section and the appointee shall hold office until a successor is elected and qualified.
(1) The county central committee of the political party that nominated the last occupant of the office as a candidate for that office for the current term, acting through its members who reside in the city where the vacancy occurs, shall appoint a person to hold the office and to perform the duties thereof until a successor is elected and has qualified, except that if such vacancy occurs because of the death, resignation, or inability to take the office of an officer-elect whose term has not yet begun, an appointment to take such office at the beginning of the term shall be made by the members of the central committee who reside in the city where the vacancy occurs.
(2) Not less than five nor more than forty-five days after a vacancy occurs, the county central committee, acting through its members who reside in the city where the vacancy occurs, shall meet for the purpose of making an appointment. Not less than four days before the date of the meeting the chairperson or secretary of the central committee shall send by first class mail to every member of such central committee who resides in the city where the vacancy occurs a written notice which shall state the time and place of such meeting and the purpose thereof. A majority of the members of the central committee present at such meeting may make the appointment.
(E) If the last occupant of the office or the officer-elect, as provided in division (D) of this section, was elected to serve the current term as an independent candidate, the mayor of the city shall make the appointment at the time the vacancy occurs.
(F) Appointments made under this section shall be certified by the appointing county central committee or by the mayor of the municipal corporation to the county board of elections and to the secretary of state. The persons so appointed and certified shall be entitled to all remuneration provided by law for the offices to which they are appointed.
(G) The mayor of the city may appoint a person to hold the city office of director of law, auditor, or treasurer as an acting officer and to perform the duties thereof between the occurrence of the vacancy and the time when the person appointed by the central committee qualifies and takes the office.
Structure Ohio Revised Code
Title 7 | Municipal Corporations
Section 733.01 | Executive Power in Cities.
Section 733.02 | Mayor of City - Election - Term.
Section 733.03 | General Powers of Mayor in Cities - Merger of Certain Departments.
Section 733.04 | Appointment of Municipal Officers in Cities.
Section 733.05 | Consultation and Advice to Directors of Departments in Cities.
Section 733.07 | Acting Mayor in Cities.
Section 733.08 | Vacancy in Office of Mayor of City.
Section 733.09 | President of Legislative Authority of City.
Section 733.10 | City Auditor.
Section 733.11 | Books and Accounts - Merger of Offices in Certain Cities.
Section 733.12 | Auditing Accounts.
Section 733.13 | Overdrawing Appropriation - Proof of Claims.
Section 733.14 | Detailed Statements - Receipts.
Section 733.15 | Certificate as to Election of Certain Officers.
Section 733.16 | Clerk of Court Shall Record Certificates.
Section 733.17 | Forfeiture for Neglect to Make Report.
Section 733.18 | Duty of City Auditor as to Receiving Bids.
Section 733.19 | Deputy Auditor in Cities.
Section 733.20 | Seal of City Auditor.
Section 733.21 | Board of Control.
Section 733.22 | Approval of Contracts.
Section 733.23 | Executive Power in Villages.
Section 733.24 | Mayor of Village - Election - Term - Qualifications - Powers - Duties.
Section 733.25 | Vacancy in Office of Mayor of Village.
Section 733.26 | Election, Term, and Qualifications of Village Clerk.
Section 733.261 | Village Clerk-Treasurer.
Section 733.262 | Village Fiscal Officer.
Section 733.27 | Powers and Duties of Village Clerk - Training Programs.
Section 733.28 | Books and Accounts - Merger of Offices.
Section 733.29 | Seal of Village Clerk.
Section 733.30 | General Duties of the Mayor of a Municipal Corporation.
Section 733.31 | Filling Vacancies in Appointive or Elective Offices.
Section 733.32 | Communications to Legislative Authority of Finances and General Conditions.
Section 733.33 | Protest Against Excess of Expenditures.
Section 733.34 | Supervision of Conduct of Officers.
Section 733.35 | Mayor Shall File Charges Against Delinquent Officers.
Section 733.36 | Hearing of Charges - Action of Legislative Authority.
Section 733.37 | Suspension of Accused Pending Hearing.
Section 733.38 | Power of Legislative Authority as to Process.
Section 733.39 | Oaths - Compulsory Testimony - Costs.
Section 733.40 | Disposition of Fines and Other Moneys.
Section 733.41 | Annual Report to Legislative Authority.
Section 733.43 | Accounts of Treasurer.
Section 733.44 | Powers and Duties of Treasurer.
Section 733.45 | Quarterly Accounting - Annual Report.
Section 733.46 | Receipt and Disbursement of Funds.
Section 733.47 | Duty of Delivering Money and Property.
Section 733.48 | Legal Counsel for Villages - Petition to Appoint Legal Counsel.
Section 733.49 | City Director of Law - Term of Office.
Section 733.50 | Qualifications of City Director of Law.
Section 733.51 | Powers and Duties of City Director of Law.
Section 733.52 | Prosecuting Attorney of Mayor's Court.
Section 733.53 | Duties as to Suits.
Section 733.54 | City Director of Law Shall Give Opinions.
Section 733.55 | Payment of Moneys.
Section 733.56 | Application for Injunction.
Section 733.57 | Specific Performance.
Section 733.58 | Writ of Mandamus.
Section 733.581 | Taxpayer Named as Party Defendant.
Section 733.59 | Taxpayer's Suit.
Section 733.60 | Limitation of Action.
Section 733.61 | Duty of Court.
Section 733.62 | Annual Report.
Section 733.621 | Appointment of Assistants or Employees.
Section 733.63 | Sealer of Weights and Measures.
Section 733.64 | Qualification and Compensation of Sealer.
Section 733.65 | Oath and Bond of Sealer - Appointment of Inspectors.
Section 733.66 | Comparison With State Standards.
Section 733.671 | Seeking Injunction Against Violation of Weights and Measures Laws.
Section 733.68 | Qualifications of Municipal Officers - Oaths.
Section 733.69 | Bond of Municipal Officers.
Section 733.70 | Approval of Bonds.
Section 733.71 | Certain Facts Shall Not Invalidate Bond.
Section 733.72 | Charges Against Municipal Officers Filed With Probate Judge - Proceedings.
Section 733.73 | Appearance of Counsel - Jury.
Section 733.74 | Challenge of Jurors.
Section 733.75 | Proceedings on the Trial.
Section 733.76 | Removal of Officer if Found Guilty.
Section 733.77 | Payment of Costs.
Section 733.78 | Violations by Fiscal Officers.
Section 733.79 | Municipal Officers May Attend Conference or Convention - Expenses.
Section 733.80 | Duties of Fire Engineer, Engineer, Superintendent of Markets - Compensation.
Section 733.81 | Education Programs for Fiscal Officers.
Section 733.82 | Liability for Loss of Public Funds.
Section 733.85 | Municipal Income Tax Administration in Noncharter Municipalities.