books, bonds, deeds, leases, contracts, vouchers, documents, plats and papers relating to the property, revenues, debts and credits of the city, and the same shall be subject to the inspection of all persons interested; he shall keep regular books of account, showing the transactions of the city with individuals, and the condition of its fiscal affairs; he shall open an account with the city treasurer, in which he shall charge said treasurer with the whole amount of the taxes collected, together with all sums derived from other sources, and shall credit him with all orders properly drawn upon and paid by him, which account shall be settled semi-annually on the first day of March and September, and oftener if required by the board of city affairs. claims. Sec. 1707d-27. No claim against the corporation shall Payment of be paid by the treasurer except upon the warrant of the city comptroller, countersigned by the president of the board of city affairs, and all boards of trustees, directors or commissioners, having charge of the expenditures of city funds, except the board of police directors, the board of fire commissioners, and water-works trustees, shall certify claims against their respective departments to the city comptroller for payment; but no warrant shall be drawn for any bill or claim against the city until properly approved, and unless there be money actually in the treasury to pay the same. Sec. 1707d-28. The fiscal year of the city comptroller Beginning of shall commence on the first day of March, and on or before fiscal year; annual report. the third Monday of March of each year he shall make and report to the board of city affairs and the council, an account of the receipts and expenditures of the city for the preceding fiscal year, stating whence the money was received, for what purposes expended, and the exact condition of the several funds, with the indebtedness of the city. Sec. 1707d-29. The city comptroller shall furnish to the board of city affairs and the council, on or before the third Monday of April of each year, the following statements: Annual finan cial state ments: 1st. A statement showing the balance standing to the Balances. credit or debit of the several funds on the city balance-sheet at the end of the last fiscal year, immediately preceding the first Monday in April. 2d. A statement showing the monthly expenditures out Monthly exof each fund in the twelve months, and the monthly expendi- penditures. ture out of all the funds in the twelve months of the fiscal year preceding said first Monday in April. ditures. appointment;. 3d. A statement showing the annual expenditure from Annual expen-each fund for each year for the five fiscal years preceding said day. Sec. 1707d-30. The board of city affairs may appoint Assistants: necessary assistants to the city comptroller, fix their compen- compensation; sation and require them to give bond for the faithful performance of their duties; and in the absence or disability of the city comptroller, the board may appoint some person to perform the duties of his office. bond; absence or disability. Seal. City solicitor: bond; salary; -duties. Sec. 1707d-31. The board of city affairs shall provide for the city comptroller's office a seal, having in the center the name of the corporation and around the margin the words "city comptroller," which seal shall be affixed to all transcripts, orders, certificates, warrants or other papers which it may be proper to authenticate. Sec. 1707d-32. The city solicitor shall be appointed by appointment; and give bond to the satisfaction of the board of city affairs, in the sum of not less than twenty-five hundred dollars, conditioned for the faithful performance of his duties, and he shall receive such salary, payable quarterly, as may be provided by order of the board; he shall perform all the duties provided by statute and by ordinance of any such city of the second grade of the second class for the city solicitor, and in addition thereto shall act as the legal adviser of and attorney for the board of city affairs, and all other boards of such city. Term; vacan-cies. Civil engineer: term; duties; salary. Sec. 1707d-33. The city solicitor shall hold his office for the term of two years, and until his successor shall have been appointed and qualified; and all vacancies in the office caused by death, resignation, expiration of term or from other cause, shall be filled by appointment by the board of city affairs. Sec. 1707d-34. The civil engineer shall be appointed appointment for two years and shall perform such duties as may be prescribed by the board of city affairs, or by any ordinance of the corporation not incompatible with the nature of his office; he shall receive such salary as the board of city affa rs may affix. Creation of liabilities. Interest in SECTION 2. And be it further enacted, That section 1707 of the Revised Statutes shall be further supplemented with sectional numberings as follows so as to read as follows: Sec. 1707d-36. No member of the board of city affairs or other person, whether in the employ of the board or otherwise, shall have any power to create any liability on account of the board or the funds under its control, except by express authority of the board, conferred at a meeting thereof duly and regularly convened. Sec. 1707d-37. No member, officer or employe of the contracts, etc. board of city affairs shall be directly or indirectly interested in any contract or work of any kind under the direction of the board, and any contract or work in which any such person is interested shall be void; and it shall be the duty of the person having knowledge of the violation of this section forthwith to report the facts to the board, and the board shall give reasonable notice to the persons interested, and at the earliest convenient day investigate the same and hear the evidence on both sides. Attendance of witnesses; production of books and papers; oaths. Sec. 1707d-38. Tae board of city affairs shall have power in such cases to compel the attendance of witnesses and the production of books and papers, and the president shall have power to administer the necessary oaths. member of of officer or Sec. 1707d-39. If a member of the board of city affairs Temporary be involved in any such charge, he shall not again sit or vote suspension of on the board until the result of the investigation is de- board; decision of questermined, announced and entered on the minutes of the tion; dismissal board; a majority of the board not involved in the charge shall be sufficient to decide the questions; and if an officer or employe of the board be found upon such inquiry to have violated any of the foregoing provisions, such finding shall operate as a dismissal of such officer or employe. employe. void. Sec. 1707d-40. If a contract made or authorized by the When contract. bord of city affairs be found to violate any of the foregoing provisions, it shall at once become void and of no effect, and no money shall be paid for services rendered or materials furnished under the same. Sec. 1707d-41. No money shall be paid at any time to any person claiming under a contract with the board, until such person files with the board his statement under oath, disclosing the names of all persons directly or indirectly interested in the contract, or in the proceeds or profits thereof, declaring that no persons other than those named are interested, and that no person forbidden in this chapter has any interest in the same. Sec. 1707d-42. When it becomes necessary in the opinion of the board of city affairs, in the prosecution of any work hereafter ordered, to make alterations or modifications of the specifications or plans of a contract, or to omit from said work any portion of the street or territory originally ordered to be improved, such alteration, modification or omission may be made by order of the board; provided, that such order shall be of no effect until the price to be paid for the work under such altered or modified contract has been agreed upon in writing, and signed by the contractors and some person authorized thereunto by the board; and provided, further, that the total cost of the work, with the addition of the price so agreed upon, shall not exceed the original contract. Statement of person claimundercontract. ing money Alterations in plans of con tract. extra work. Sec. 1707d-43. No contractor shall be allowed anything Allowance for for extra work caused by any alteration or modification unless an order is made or agreement signed as provided in the preceding section, nor shall he in any case be allowed more for such alteration than the price fixed by such agreement. Sec. 1707d-44. No ordinance or resolution authorizing Recommendaany improvement shall be passed by council except upon the recommendation of the board of city affairs. Sec. 1707d-45. No grant of the use of a street or highway in any city of the second grade of the second class for the purpose of a street or other railroad, or an extension thereof, or for any purpose whatsoever, shall be made or renewed unless first recommended by the board of city affairs; nor shall any such street or highway be used for supplying gas or water, or be broken up or obstructed for any purpose whatever or on any pretense, unless permission be first given by the board in writing; nor shall a resolution or ordinance for the payment of money in settlement of claims for unliquidated damages be passed, nor any binding agreement for such settlement be tion of ordi nance authorizing improvement. Measures requiring recomboard. mendation by Dayton board of police direc tors: appoint ment. Police force and officers: appointment; of present force and of ficers, etc. made by council, unless the payment or settlement of such claim be first recommended by the board; nor shall any property used or to be used for the purposes under the control of the board, or for the use of any such city, be purchased, leased or disposed of without such recommendation being first made; and any such measure required to originate in the board of city affairs which is altered, changed or amended in any way, before the taking effect thereof, shall be concurred in by the board. SECTION 3. And be it further enacted, That the board of tax commissioners of such city of the second grade of the second class shall, within ten days after their first regular meeting, appoint a board of police directors, who shall, within sixty days after their first regular meeting, appoint a tenure of office police force and officers thereof, and the present police force and the officers thereof in such cities shall continue as such under the management and control of the board of police directors only until the appointment and qualification of such new police force and officers; and as appointments of officers and members of the force are within said sixty days made by said board, such officers and members may be designated to take the place of the officers and members of corresponding rank on the present force, who may be thereupon forthwith discharged by the board; and appointments of officers or members of the new force may be made from officers or members of the present force or from other electors of such city. Police boards and officers: Dayton board of police directors: members of. term. SECTION 4. Be it further enacted, That section one of an act entitled "An act to establish an efficient and non-partisan police in cities of the second grade of the second class," passed March 8, 1887, be so amended as to read as follows: Sec. 1. That in cities of the second grade of the second class, all and duties connected with and incident to powers the appointment, regulation and control of the police force shall be vested in a board of police directors, consisting of Appointment. four electors of such city, to be appointed by the board of tax Qualifications; commissioners of such city, not more than two of whom shall be of the same political party, two of whom of different political parties shall be designated to serve for two years, and two of whom of different political parties shall be designated to serve for four years; and thereafter at the expiration of each term, and at each period of two years, such tax commission shall appoint two members of such board, who shall be designated to serve for four years. For official misconduct such tax commission may remove any of said members of such board of police directors; and all vacancies in said board shall be filled by such board of tax commissioners for the unexpired term. The members of such board, before entering upon their duties, shall take and subscribe to an oath, which shall be filed and kept in the office of the mayor, to support the constitution of the United States and of the state of Ohio, and in all their official actions and judgments to aim only to secure and maintain an honest and efficient system of police, free from partisan dictation or control. Such board of police directors is hereby invested with all the powers heretofore con Removals; vacancies. Oath. Powers. ferred by law upon boards of police commissioners in such commissioners SECTION 5. Said original sections 1707d, 1707d-1, Repeals. 1707d-2, 1707d-3, 1707d-4, 1707d-5, 1707d-6, 1707d-7, 1707d-8, 1707d-9, 1707d-10, 1707d-11, 1707d-12, 1707d-15, 1707d-16, 1707d-17, 1707d-18, 1707d-19, 1707d-20, 1707d-21, 1707d-22, 1707d-23, 1707d-24, 1707d-25, 1707d-26, 1707d-27, 1707d-28, 1707d-29, 1707d-30, 1707d-31, 1707d-32, 1707d-33, 1707d-34, 1707d-35, of the Revised Statutes, and section one of an act entitled "An act to establish an efficient and non-partisan police in cities of the second grade of the second class," passed March 8, 1887, be and the same are hereby repealed. SECTION 6. That the following section be and the same Finance and is hereby enacted as supplementary to section 2690 of the taxation: Revised Statutes: sioners: mem- of tax commis pointment. Sec. 26901. In cities of the second grade of the second Dayton board two of whom of different political parties shall be designated Term. be of the same political party. The members of said board compensation. duties. |