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take a long step in the advancement of municipal government was entirely lost to sight, adopted an act known as the Municipal Code of 1902.

This act was a patchwork and rather the re-adjustment of existing laws to meet the conditions brought about by the

decisions of the court than the enactment of Code of 1902 a new law.

It was

a combination of the methods devised for the government of the smaller municipalities of the state and the old special charter of Cincinnati. It divided municipalities into cities and villages, those of 5,000 or more being cities, and all others villages. The scheme of government was the same as that of the state, being divided into executive, legislative and judicial. The legislative department consisted of a council composed of not less than seven members, four of whom were elected by wards, and three at large, with the proviso that for the first 20,000 inhabitants in the city in addition to the first 5,000, there should be two additional members of council elected by wards, and for every 15,000 inhabitants thereafter one additional member similarly elected; that if the number of members was fifteen or more, one member out of every five should be elected at large, and all were to serve for two years.

The executive power was distributed among nine elective and four appointive officials, not one of whom was responsible to any one else. The mayor, auditor, solicitor, treasurer and either three or five members of a board of public service, depending upon the action of council, were elected for terms of two years, and the mayor was authorized, with the advice and consent of two-thirds of the members elected to council, to appoint either two or four members of a board of public safety for terms of four years, not more than half of whom should be members of the same political party. The board of public service was the chief administrative authority; it supervised and managed all public works and public institutions, and the repair and improvement of streets; it managed all water, heating and lighting plants, parks, baths, markets, cemeteries, all public buildings, work-houses, houses of refuge, infirmaries or hospitals. The board of public safety managed the police and fire departments.

In addition, the act provided for the election of a police judge,

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police court clerk, and for the appointment by the mayor of a bi-partisan board known as the sinking fund trustees and tax commissioners, who were to serve without compensation, and a board of health. The mayor was made the chief conservator of the peace, but was not the active executive head of the police department, and was authorized, whenever he deemed it necessary, to call the directors of the several departments of the city to meet with him for consultation and advice upon the affairs of the city, and was given a veto power over the acts of council. He was, therefore, nominally the head of the city, but actually had no power. Neither the directors of public safety nor the directors of public service, nor the heads of any sub-departments were responsible to him for their actions. They were required to listen to his advice, but were not compelled to heed it. There was, therefore, a total lack of co-ordination and unity in the government of the city, and it was impossible with such lack of organization to impel foresight upon the part of city officials. The dissipation of responsibility was deliberate and complete, and has since been termed by Dr. Wilcox as “the most striking example of deliberate dissipation of responsibility to be found.

The code had been in force but a short time when it became apparent that a business-like and thoroughly satisfactory government could never be obtained under its provisions. From time to time bills were introduced into the legislature providing for a radical change, but it was not until the spring of 1908 that success crowned the efforts of those seeking to improve our municipal charters. At the session of the legislature in that year a bill drawn by Hon. Louis H. Paine, of Toledo, finally became a law.

As heretofore stated, it was not in itself a complete charter, but consisted merely in amendments to the so-called code of 1902. The three branches of the government, legislative, executive and judicial, remain distinct. It leaves the council just where it found it. It wipes out the board of public safety

. and the board of public service, but leaves the auditor, the solicitor and the treasurer still to be elected by the people. It places in the hands of the mayor the appointment of a director of public safety and a director of public service for indefinite terms, and for the first time places upon his shoulders the responsibility for the conduct of these two principal departments of the city. He is given full power to remove at his pleasure either of these directors and the heads of the sub-departments. Hospitals, prisons, work-houses, charitable institutions, and the department of buildings are turned over to the department of public safety, and its director is made the chief administrative authority of each of these sub-departments. The director of public service is charged with the supervision of the improvement and repair of streets, avenues and other public ways; the lighting, sprinkling and cleaning of all public places and the construction of all public improvements and public works. He is also charged with the management of municipal water, lighting, heating, sewer and garbage plants and other undertakings of the city; baths, play-grounds, market-houses, cemeteries, crematories and all sewage disposal plant and farms, and with the supervision and construction of all public buildings and other property not specifically provided for. In addition, he has authority to establish such sub-departments as may be necessary and to determine the number of superintendents, deputies, inspectors, engineers, clerks and laborers, and such other persons as may be necessary for the execution of the work and the performance of the duties of his department.

For the first time in the history of Ohio a general merit system is introduced into our municipal governments. The police and

fire departments have for some years been under Merit System

a somewhat unsatisfactory merit system, but this act extends civil service to all departments of the city. It provides that the president of the board of education, the president of council and the president of the sinking fund trustees, which board remains unaffected, shall constitute a commission for the appointment of civil service commissioners for terms of three years, who in turn have power to adopt rules and regulations for classifying and carrying into effect the civil service provisions. It permits the division of positions into a classified and unclassified service, the latter of which may include the positions of officers elected by the people or appointed to fill vacancies in offices filled by popular election, or whose appointment is subject to confirmation by council, or who are appointed by any state

officer; employees of council; persons who by law are to serve without remuneration; persons who are appointed to positions requiring provisional or technical skill; persons appointed or employed to give instruction in an educational institution; persons appointed by any board or officers supervising elections ; persons who, as members of a board, shall have charge of any principal department of the city; the head or chief of any division or principal department of any city relating to engineering, water works, street cleaning or health; the chief of the police department; the chief of the fire department; the superintendent of any work-house, house of refuge, infirmary or hospital; the librarian of any public library, private secretaries, deputies in the offices of the city auditor and city treasurer; all unskilled laborers and such appointees of the civil service commission as they may by rules determine; the classified service comprises all offices and places not included in the unclassified.

All applications for admission to the classified service are required to be subjected to a competitive public examination open to all residents of the city. Such examinations are subject to such rules and regulations as the commission may prescribe for grading offices and positions similar in character in groups or divisions so as to permit the filling of the offices and positions in higher grades through promotions. The applicants take rank upon the register as candidates in the order of their relative standing without reference to priority of examination, and the results of the examinations are accessible to every one. The appointments will be made by the appointing board or officers notifying the commission of any vacancy to be filled. The commission thereupon certify to such board or officer the three candidates graded highest in the respective lists. Such board or officer shall then appoint one of the three so certified. Each appointing officer is required to report to the civil service commission forthwith upon such appointment the name of such appointee, the title and character of office, date of commencement of service and the salary or compensation thereof, which information shall be kept by the commission in their office in a roster of all persons in the classified service of the city and shall be open to inspection at all reasonable hours. There is nothing in the act to prevent the dismissal or discharge of any appointee by the removing board or officer, except that the chief and members of the police and fire departments shall be dismissed only under certain regulations; but no officer or employee in the classified service who shall have been appointed under these regulations shall be removed, reduced in rank or discharged except for some cause relating to his moral character or his suitableness to perform the duties of his office; but he may be suspended from duty for thirty days pending investigation of charges against him. Such cause shall be determined by the removing authority and reported in writing with a specific statement of reasons to the commission, but shall not be made public without the consent of the person discharged, and before such removal, reduction in rank or discharge the removing authorities shall give such person a reasonable opportunity to know the charges against him and to be heard in his own behalf. The salaries of the commission shall be provided by council, and they shall also provide such clerical force, examiners and such necessary expenses and accommodations as may be proper to carry out the work of the commission. To prevent interference with public business or to meet an extraordinary emergency the mayor may make temporary appointments.

In short, this law is a modification of the so-called federal system in seeking to fix responsibility and produce unity in our city governments. Many times the pure federal system has been urged upon the legislature, but invariably the cry of one-man power was raised and the fact that the solicitor stood as a buffer between extravagance and illegal expenditures on the part of the city officials and the people, was urged as a reason why he should be the people's choice. This modification resulted. The

mayor's cabinet, instead of consisting of the Mayor's Cabinet

heads of all the departments of the city, consists of the heads of the departments of public service and public safety, who, together with the mayor, constitute the board of control. It is this board which must be looked to to give to a city an intelligent unity and impel the foresight and unity of action which, under the previous system, was impossible. To this board must come every contract which calls for an expen

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