The office of the City Attorney is established under Oakwood’s Charter, which was approved by our citizens on May 3, 1960, and last amended at an election on November 8, 1988. The Charter provides that the City Attorney shall serve as the Director of the Department of Law. Chapter 127 of the Administrative Code of Oakwood sets forth the City Attorney’s duties and specifies that he or she is accountable to the City Manager and to the City Council.
Oakwood’s Department of Law is headed by our Law Director and City Attorney, Robert F. Jacques, Esq., who oversees and coordinates all legal affairs for the city. Rob provides most of the city’s legal representation in-house as the city’s chief legal officer, supplemented by outside counsel as necessary.
The legal services of Oakwood’s Department of Law fall into three main categories:
General Legal Counsel
As the city’s general counsel, the Department of Law is responsible for advising City Council, the City Manager, municipal boards and commissions, and the administrative officers and departments on relevant issues of current and emerging law. In addition, the Department of Law drafts and reviews legislation, contracts, deeds, and other legal documents, and represents the city in litigation and transactional matters.
Prosecution
The Department of Law is responsible for prosecuting charged violations of municipal ordinances and state laws in Oakwood Municipal Court, including criminal, traffic, and parking offenses. As a related function, the Department provides training to the Oakwood Public Safety Department on matters relevant to effective law enforcement and investigation, and to the administrative personnel of Oakwood Municipal Court on procedural matters.
Tax Collection
Working closely with the city’s Department of Finance, the Department of Law assists with the collection of delinquent municipal taxes. In that capacity, the Law Director advises the Department of Finance in its pre-litigation tax collection efforts, and when necessary, files suit and enforces court judgments against delinquent taxpayers. These efforts are supplemented by the Ohio Attorney General’s offic.
Can the City Attorney advise a citizen with regard to matters involving the City of Oakwood or decisions made by the Council?
Related Question: I’m having trouble with my (neighbor/landlord/ex-spouse/etc.). Can the City Attorney advise me?
No. The city Attorney’s role is to advise city officials as they perform the duties of their public offices, with the goal of ensuring that the city is governed and functions in a lawful manner. The City Attorney does not represent any individuals of the public, nor does he represent city officials in personal matters. The City Attorney is a resource for the members of Council and for other city officials in performance of their official duties. As such he renders legal opinions and advice on matters of interest to the Council and/or to city officials.
What is the significance of the Charter of the City of Oakwood?
Article XVIII, Section 18.07, of the Ohio Constitution was adopted in 1912, and is known as the “home rule amendment.” It was intended to free municipalities from control of the Ohio General Assembly and state officials, thereby allowing municipalities to exercise local self-government. This is done through adoption of a charter, which provides for the structure and organization of municipal government.
The charter of a municipality is essentially the “constitution” of the city and sets forth the legal framework under which it will operate. It designates the form of the municipality’s government, the distribution of power, and duties of elected and appointed officials, boards and commissions, and city officials and citizens.
Through a vote of its citizens, the City of Oakwood has chosen a council-manager form of government. Under this form of government, Council has the power to adopt ordinances and resolutions, make certain appointments, and exercise related powers. The Mayor, who is a member of Council, presides at Council meetings and is designated as the ceremonial head of the city, but does not have power to exercise individual administrative or executive authority. The Mayor has one vote, as do each of the four other Council members.
Executive and administrative authority is vested in the City Manager, who is appointed by a majority vote of Council. The City Manager is responsible for faithfully executing and implementing the ordinances and resolutions enacted by Council. All other employees of the city report to the City Manager, who oversees the performance of all of their job functions.
What is the difference between a resolution and an ordinance?
According to the Charter of Oakwood, an ordinance is the required form of legislation for all actions which are of “a general or permanent nature” or for “granting a franchise, or levying a tax, or appropriating money, or contracting an indebtedness to be evidenced by the issuance of bonds or notes, or for the purchase, lease or transfer of public property.” Common examples include ordinances to adopt criminal or traffic laws, to levy assessments against real estate, or to appropriate funds for the annual budget.
A resolution is an enactment by Council that does not fall into any of the above listed categories, and that addresses a matter which does not apply to the general population or is of a temporary or short-term duration. For example, a resolution might express a statement of support for a local organization or initiative, or authorize the city manager to enter into a contract for a particular project or purchase.
All action by City Council is taken via ordinance or resolution, although the City Charter allows certain procedural matters to be voted upon without formal legislation.
Are the procedural requirements for enactment of an ordinance and resolution the same?
No. There are differences in how each form of legislation is introduced. An ordinance is required to be introduced at two separate meetings, unless an emergency is declared or three-fourths of the council members vote to dispense with the second reading. In contrast, a resolution is introduced and voted on at a single meeting. Legislation is typically “introduced” by reading its title publicly, and the introducing council member normally summarizes the ordinance or resolution or explains what it is intended to accomplish.
There are also differences in the effective dates of each form of legislation. A resolution takes effect immediately upon passage. As a general rule, ordinances do not go into effect until thirty days after passage. However, certain ordinances go into effect immediately upon enactment:
- Those declared by Council to be an emergency;
- Those providing for appropriations;
- Those which are intended to raise revenue; and
- Those intended to make public improvements which are petitioned for by the owners of a majority of the foot frontage of property benefited and specially assessed for the cost thereof.