- Introduced by: DeBernardo
- 1st Reading (10/23/2023)
- 2nd Reading (11/13/2023)
- 3rd Reading (11/27/2023)
- 4th Reading (12/11/2023)
- Passed (12/11/2023)
Whereas, the Village Council has determined that the place and manner of posting of ordinances and resolutions should be revised from the current provisions contained in Section 113.01 of the Codified Ordinances of the Village, which currently provides that publication of ordinances and resolutions shall be made once a week for two consecutive weeks on the same day of each week in a newspaper of general circulation in the municipality or in the case of posting a copy of the ordinance or resolution shall be posted for not less than fifteen (15) days in the municipal building; and
Whereas, Council has determined, based on changes made to publication or posting of ordinances and resolutions set forth in Amended Substitute House Bill No. 33, adopted in 2023, which allows publication by posting on the local government’s website and social media accounts that the Village should provide for posting on the Village website; and
Whereas, the Village of Chagrin Falls does not currently have any social media accounts other than the Village Police Department and the Village Council does not want to share that website between the Police Department and other Village departments; and
Whereas, this Council finds that posting on the Village website is appropriate and will provide the most likely resource to permit Village residents and businesses to be aware of the adoption of such ordinances and resolutions; and
Whereas, pursuant to Article XVIII, Section 9 of the Constitution of the State of Ohio and the Charter of the Village of Chagrin Falls, this Council has the right, by a two-thirds (⅔) majority affirmative vote, to submit to the voters of the Village of Chagrin Falls proposed amendments to the Charter of the Village of Chagrin Falls; and
Whereas, this Council finds and determines that it is in the Village’s best interest to submit to the electors of the Village of Chagrin Falls a proposed amendment to the Charter which would provide for the posting of all ordinances and resolutions required by law or ordinance to be published to allow posting on the Village website as the sole requirement for publication of such enactments and other actions of the Village; and
Whereas, this Council chooses the date of March 19, 2024 for the election on the Charter amendment proposal hereinafter set forth, which election is not less than sixty (60) days nor more than one hundred twenty (120) days from date of passage of this Ordinance.
Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio That at Least Two-Thirds (⅔) Members of Council Concurring:
Section 1. This Council hereby authorizes and directs the submission to the electors of the Village of Chagrin Falls, in an election to be held at the usual places of voting in said Village, on Tuesday, March 19, 2024 of the following proposal to amend the Charter of the Village as further provided below.
Existing Article IV, Section 8(c) of the Charter of the Village of Chagrin Falls be amended to add the following two (2) sentences:
All ordinances and resolutions, unless otherwise directed by Council, shall be posted for not less than fifteen (15) days on the Village website and proof of the publication and posting shall be made by the operator of the Village website and shall be filed with the Clerk of Council. Unless otherwise determined by Council, the operator of the official public notice website shall be the Clerk of Council.
The majority affirmative vote of those voting on the issue shall be necessary to adopt this amendment.
Section 2. The form of the ballot to be cast at the election for the proposed Charter amendment contained in Section 1 shall read and provide as follows:
Proposed Charter Amendment
A majority affirmative vote is necessary for passage
Shall Article IV, Section 8(c), Powers and Duties of Council, of the Charter of the Village of Chagrin Falls be amended to provide that all ordinances and resolutions, unless otherwise directed by Council, shall be posted for not less than fifteen (15) days on the Village website and to provide for proof of publication to be filed with the Clerk of the Council.
Section 3. If such amendment is approved by a majority of the electors voting thereon at such election, such amendment so approved shall be effective from and after the date upon which the Cuyahoga County Board of Elections certifies the results of such election.
Section 4. That the Clerk of Council is hereby authorized and directed to cause copies of the proposed Charter Amendment to be published in such manner as may be authorized by law, and as required by Article XVIII, Section 9 of the Ohio Constitution by publication of the proposed Charter Amendment once a week for two (2) consecutive weeks on the same day of each week in a newspaper of general circulation in the Village.
Section 5. That the Clerk of Council be and is hereby authorized and directed to forward a certified copy of this Ordinance to the Board of Elections of Cuyahoga County.
Section 6. That the Board of Elections of Cuyahoga County is hereby requested to cause appropriate notice of such election to be duly given in accordance with law.
Section 7. It is hereby appropriated from the general fund of the Village, an amount sufficient to pay the cost of carrying out the directions of this Ordinance, including the cost of publishing notice of such election.
Section 8. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.
Section 9. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days in the Village Hall.
Section 10. That this Ordinance shall take effect and be in force after the earliest period allowed by law.