CHARTER OF GRANVILLE, OHIO

ARTICLE V   ADMINISTRATIVE DEPARTMENTS

SECTION 5.01. CREATION OF DEPARTMENTS.

The administrative activities of the municipality shall be carried on by a Department of Finance, a Department of Law, a Department of Safety, a Department of Service and such other departments as may be created by ordinance, after consultation with the Manager.

SECTION 5.02. DEPARTMENT HEADS.

At the head of each department there shall be a full-time or part-time director appointed by the Manager, as provided in Section 4.04 of this Charter.  Each director shall be an administrative officer of the municipality and shall have supervision and control of his or her department, subject to the direction of the Manager.  Two or more departments may be headed by the same person, and the Manager may serve as director of one or more departments, in addition to his or her duties as Manager, if Council approves. 
(Amended 11-6-01)

SECTION 5.03. DEPARTMENTAL DIVISIONS.

The work of each department shall be distributed among such divisions thereof as may be established by the Administrative Code.  Pending the adoption of such a Code by the Council, the Manager may establish temporary divisions by administrative order.

SECTION 5.04. CENTRAL PURCHASING.
   
The Council shall establish a purchasing agency either as a separate office or as a division of one of the departments created by Charter or ordinance, whose duty it shall be to contract for, purchase, store, and distribute all supplies, printing, materials, equipment and contractual services required by any agency of the municipality, within the appropriations made by Council.  The Manager shall be responsible for supervising the purchasing function.

SECTION 5.05. COMPETITIVE BIDDING.

Purchase of all supplies, materials and equipment for the municipality shall be made pursuant to specifications through open competitive bidding, under such rules, consistent with this Charter, as the Council may establish by ordinance.  Formal advertising, bidding, and public opening of and tabulation of bids shall be required only as to purchases estimated to exceed fifteen thousand dollars or such greater amount, as may be established by state law.  In the case of public disaster, or other urgent necessity, declared by resolution approved by five-sevenths vote of the Council, purchases in any amount may be made in the open market without competition.
(Amended 11-6-01)

SECTION 5.06. OVEREXPENDITURES.

No officer, department or agency of the municipality shall expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money on behalf of the municipality, for any purpose, which will exceed the amount appropriated for such expenditures and obligations except as authorized by Council.  Any officer or employee who knowingly creates or attempts to create such an obligation shall be guilty of malfeasance in office and upon conviction thereof shall be removed from office.  However, nothing in this section shall prevent the making of contracts not to be fully performed within a single fiscal year, when specifically authorized by the Council.
(Amended 11-3-81)

SECTION 5.07. PERSONAL INTEREST.

Any municipal officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the municipality or in the sale of any land, material, supplies or services to the municipality, shall make known that interest and shall refrain from voting upon or otherwise participating, in his capacity as such officer or employee, in the making of such sale, or in the making or performance of such contract.  Any officer or employee who willfully conceals such a substantial financial interest or willfully violates the requirements of this section is guilty of malfeasance in office and upon conviction shall forfeit his or her office or position.
(Amended 11-6-01)

SECTION 5.08. ILLEGAL CONTRACTS VOIDABLE.

Whenever any contract is found to be illegal for the reasons described in Section 5.06 or Section 5.07 and the municipality has received the goods or property involved the Council may, by resolution, elect to rescind the contract, and return the goods or property.  If it elects to retain them, they shall be paid for not at the contract price, but at their fair value, provided such value is not in excess of the contract price.  If payment has already been made, the municipality shall be entitled to recover the excess, if any, over the fair value.

EDITOR’S NOTE: The Granville Charter was approved by the voters on May 5, 1964.  Dates appearing in parentheses following section headings indicate those sections were subsequently amended, added or repealed on the date given.