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Providing for the submission to the electors of the City of Toledo an amendment to Chapter VI, Section 87D, of the Charter of the City of Toledo to change the consecutive term limitations for the Mayor to three from two; and declaring an emergency.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. Whereas, the Clerk of Council has received the adequate number of petition signatures as required by law for the following proposed Charter amendment to be submitted to the electors of the City of Toledo and pursuant to the Charter of the City of Toledo and the Constitution of the State of Ohio, Council hereby presents the proposed amendment for certification to the Board of Elections of Lucas County, Ohio.
SECTION 2. That the amendment to the Charter of the City of Toledo, as hereinafter set forth, be submitted to the electors of the City of Toledo at a special election to be held on November 5, 2024.
SECTION 3. That the Charter of the City of Toledo, Chapter VI, Section 87D, which presently reads as follows:
“Section 87D. Term Limitations.
(a) No person shall serve more than twelve (12) consecutive years on the Council and shall not be placed on the ballot for election for any term if service for the full term would constitute a violation hereof; except that the two (2) year term served by district Council members during 2002 and 2003 in order to commence "staggered terms" will not count against the permitted total of twelve (12) consecutive years or be considered an "interruption" for purposes of determining the twelve (12) consecutive years a person has served. For purposes of this section no distinction shall be made between an at-large or district Council member except for the district Council members serving two years terms during 2002 and 2003. A Council member who has completed service of twelve (12) consecutive years may be elected or appointed to City Council if such term or partial term for which the Council member is elected or appointed shall commence no earlier than one year from the date on which such Council member completed his or her twelve (12) consecutive years of service on City Council.
(b) No person shall serve more than two (2) consecutive four (4) year terms as Mayor; provided, however, that service in the position of Mayor pursuant to appointment or succession to that office, or service on the Council pursuant to appointment to the position of Mayor, shall not be credited toward any term limitation.”
shall be amended to read as follows:
Section 87D. Term Limitations.
(a) No person shall serve more than twelve (12) consecutive years on the Council and shall not be placed on the ballot for election for any term if service for the full term would constitute a violation hereof; except that the two (2) year term served by district Council members during 2002 and 2003 in order to commence "staggered terms" will not count against the permitted total of twelve (12) consecutive years or be considered an "interruption" for purposes of determining the twelve (12) consecutive years a person has served. For purposes of this section no distinction shall be made between an at-large or district Council member except for the district Council members serving two years terms during 2002 and 2003. A Council member who has completed service of twelve (12) consecutive years may be elected or appointed to City Council if such term or partial term for which the Council member is elected or appointed shall commence no earlier than one year from the date on which such Council member completed his or her twelve (12) consecutive years of service on City Council.
(b) No person shall serve more than three (3) consecutive four (4) year terms as Mayor; provided, however, that service in the position of Mayor pursuant to appointment or succession to that office, or service on the Council pursuant to appointment to the position of Mayor, shall not be credited toward any term limitation.
SECTION 4. That the foregoing amendment shall take effect immediately upon approval by the electors of the amendment and in accordance with provisions in the amendment. The Clerk of Council is hereby ordered and directed to provide a copy hereof to the Ohio Secretary of State within thirty (30) days after such vote of approval by the electors.
SECTION 5. The Clerk of Council is hereby ordered and directed to certify to the Board of Elections of Lucas County, Ohio, the enactment of this Ordinance for the submission of the aforesaid amendment at an election to be held at the time hereinabove mentioned, and the Clerk is directed to request the Board of Elections to provide for the submission of the question of adopting the amendment at the said election. The Clerk of Council is further ordered and directed to cause the publication of the full text of the proposed charter amendment once a week for not less than two (2) consecutive weeks in a newspaper of general circulation in the City of Toledo, with the first publication being at least fifteen (15) days prior to the election at which the amendment is to be submitted to the electors.
SECTION 6. It is hereby found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the Public, in compliance with all legal requirements for open meetings, including section 121.22, Ohio Revised Code.
SECTION 7. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its adoption. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that the Ordinance must be immediately effective in order to permit the question of the aforesaid Charter amendment to be submitted at the election mentioned above; wherefore this Ordinance shall be in force and effect immediately upon its adoption.
Vote on emergency clause: yeas 10, nays 0.
Passed: August 28, 2024, as an emergency measure: yeas 10, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: August 29, 2024
Wade Kapszukiewicz