PUBLIC NOTICE
NOTICE OF ELECTION ON PROPOSED CHARTER AMENDMENT
NOTICE IS HEREBY GIVEN that, pursuant to Ordinance No. 43, 2025, passed by the Council of the City of Bryan, Ohio, on the 10th day of October, 2025, a proposed amendment to the Charter of the City of Bryan, Ohio, will be submitted to the electors of said municipality at the election to be held on the 5th day of May, 2026.
The proposed amendment would eliminate the Bryan Board of Public Affairs and bring the Bryan Municipal Utilities under the direction of the Mayor and the Bryan City Council.
The full text of the proposed charter amendment is as follows:
CHARTER
OF THE
CITY OF BRYAN, OHIO
ARTICLE V- FINANCES, TAXATION AND DEBT
Section 5.01. General.
Section 5.02. Limitation on Tax Rate.
Section 5.03. Limitation of Debt.
Section 5.04. Street Oiling Assessments.
Section 5.05. Contracting Officers.
Section 5.06. Bidding. (11-4-97)
Section 5.07. Certification of Availability of Funds.
Section 5.08. Splitting Contracts to Avoid Bidding.
ARTICLE VI- ADMINISTRATIVE DEPARTMENTS
Section 6.01. Administrative Departments Created.
Section 6.02. Administrative Divisions.
Section 6.03. Department of Law.
Section 6.04. Department of Finance.
Section 6.05. Department of Parks and Recreation.
Section 6.06. Department of Streets and Sewers.
Section 6.07. Department of Police.
Section 6.08. Department of Fire. (11-4-97)
Section 6.09. Department of Engineering.
Section 6.10. Department of Waste Water Treatment.
Section 6.11. Department of Utilities
Section 6.121. Other Departments.
Section 6.132. Assignments Among Departments.
ARTICLE VII-BOARDS AND COMMISSIONS
Section 7.01. Civil Service Commission. (11-8-83)
Section 7.02. Board of Public Affairs. (5-8-84; 11-4-97)
Section 7.023. Board of Health. (11-4-97)
Section 7.034. Planning Commission. (11-4-97)
Section 7.045. Other Boards and Commissions.
Section 7.056. Organization – Vacancies.
Section 7.067. Removal of Members.
SECTION 2.06. POWER AND DUTIES OF THE MAYOR.
The Mayor shall be the chief executive and administrative officer of the City. He shall be responsible to the Council for the administration of all City affairs placed in his charge by or under this Charter.
(1) Except as otherwise provided by or under this Charter, he shall direct and supervise the administration of all departments, offices and agencies of the City.
(2) He shall be an exofficio nonvoting member of all boards and commissions. , including the Board of Public Affairs.
(3) He shall see that all laws, provisions of this Charter and acts of the Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.
(4) He shall prepare and submit the annual budget and capital program to the Council.
(5) He shall submit to the Council and make available to the public, a complete report on the finances and administrative activities of the City as of the end of the fiscal year.
(6) He shall keep the Council fully advised as to the financial condition and future needs of the City and make such recommendations to the Council concerning the affairs of the City as he deems advisable.
(7) He shall make such reports as the Council may require concerning the operations of City departments, offices, and agencies subject to his direction and supervision.
(8) He shall perform such other powers and duties as are specified in the Charter, by ordinance or resolution, by law, or as may be required by the Council.
SECTION 3.03. COMPENSATION.
The compensation of members of Council and the Board of Public Affairs shall be twenty-five dollars per meeting attended, but not to exceed thirty-six meetings in each calendar year. The compensation of the members of Council and the Board of Public Affairs may be increased or decreased by ordinance or resolution, but an increase in such compensation shall not become effective until January 1 of the year following the next regular municipal election that occurs at least six months after the passage of the ordinance or resolution increasing the compensation.
SECTION 3.11. REAPPORTIONMENT OF WARDS.
The Council may at any time, by a majority vote of its members, redivide the City into four wards in order to provide substantially equal population in each of the wards and for the purpose of electing ward Council members. All wards shall be bounded, as far as practicable, by county lines, streets, alleys, lot lines, avenues, public grounds, canals, watercourses, municipal corporation lines, center lines of platted streets, or railroads, and shall be composed of adjacent and compact territory, and substantially equal in population. The Council may provide for conducting a census of the population of the City at any time in order to carry out the powers granted by this section. The division of the City into wards under this section shall be effective for the next regular municipal election occurring at least sixty days after the action of the Council and for subsequent elections. The action of Council to re–divide the City into wards shall be taken by ordinance, shall become effective immediately upon its passage, and shall not be subject to veto by the Mayor nor subject to referendum.
SECTION 4.01. ACTION TO BE TAKEN BY ORDINANCE OR RESOLUTION.
Action of Council shall be by ordinance, resolution or motion. Motion shall be used to conduct the business of the Council in procedural matters, for elections conducted among Council members, and as otherwise provided in this Charter. Every action of a general and permanent nature, or granting a franchise; or levying a tax; or appropriating money; or contracting an indebtedness to evidenced by the issuance of bonds or notes; or for the purchase, lease or transfer of public property, or establishing an offense and fixing the penalty therefor shall be taken by ordinance or resolution in the manner hereinafter provided. All other action may be taken by ordinance, resolution, or motion. No action of the Council shall be invalidated merely because the form of the action does not comply with the provisions of this section, if it is otherwise valid.
SECTION 4.09. RECORDING OF ORDINANCES AND RESOLUTIONS.
Each ordinance or resolution shall be recorded in a book, or other record prescribed by the Council, established and maintained for that purpose. The City Clerk-Treasurer or a duly authorized deputy to said Clerk, shall, upon the request of any person and upon the payment of a fee, as established by the Council, certify true copies of any ordinance or resolution, which certified copies shall be admissiable as evidence in any court.
SECTION 4.13. PUBLICATION OF ORDINANCES AND RESOLUTIONS.
The title and a copy of the full text of each ordinance and resolution passed by the Council, and the title and a copy of the full text of each resolution passed by the Board of Public Affairs, shall be made available for public inspection at the office of the City Clerk-Treasurer, Municipal Building, Bryan, Ohio.
(Amended 11-4-97.)
SECTION 5.05. CONTRACTING OFFICERS.
(a) Except for those contracts pertaining to matters under the supervision and control of the Board of Public Affairs, t The Mayor shall be the contracting officer for the City. The Board of Public Affairs shall be the contracting authority in regard to matters under its supervision and control.
(b) All contracts shall be in written form. The contracting officer or authority designated in division (a) of this section shall award and sign all contracts on behalf of the City, and such contracting officer or authority may designate any other administrative officer or employee of the City as purchasing agent, and authorize such purchasing agent to make all contracts on behalf of the City, where advertising and bidding are not required. The contracting officer or authority may adopt such rules and regulations as they deem necessary concerning the purchasing and contracting policies and procedures of the City for those matters under their respective supervision and control.
SECTION 6.01. ADMINISTRATIVE DEPARTMENTS CREATED.
For the purpose of carrying out the administrative functions of the City, the following departments are created under the general control and supervision of the Mayor: Department of Law; Department of Finance; Department of Parks and Recreation; Department of Streets; Department of Waste Water Treatment; Department of Police; Department of Fire; and Department of Engineering. and Department of Utilities.
SECTION 6.04. DEPARTMENT OF FINANCE.
(a) The City Clerk-Treasurer shall be the head of the Department of Finance. He shall be appointed by the Mayor subject to the approval by not less than four-fifths of the members of the Council. and Board of Public Affairs in joint session. He shall serve at the pleasure of the Mayor, and Council and Board of Public Affairs and may be removed by the Mayor with the approval of not less than four-fifths of the members of the Council and Board of Public Affairs in joint session. The Mayor shall appoint an acting City Clerk-Treasurer in the event of the temporary absence or disability of the Clerk-Treasurer, or in the event of a vacancy in the office. Such acting Clerk-Treasurer shall serve only until the vacancy is filled or until the disability of the Clerk-Treasurer is removed, or he returns from his temporary absence.
(b) The Mayor shall fix the salary of the City Clerk-Treasurer and apportion such salary among the various funds of the City, but such salary and apportionment among the funds shall be subject to the separate approvals of the Council and Board of Public Affairs by a majority vote of the members of each of such bodies.
(c) The Clerk-Treasurer shall attend all meetings of the Council and keep a record of its proceedings, and of all rules, bylaws, resolutions and ordinances passed or adopted, which shall be subject to the inspection of all persons interested. The Clerk-Treasurer shall also attend all meetings of the Board of Public Affairs and keep a complete record of its proceedings. The Clerk-Treasurer with such assistance as shall be provided by the Board of Public Affairs the Director of Utilities shall also keep all the books, records, papers and accounts of the Board of Public Affairs of the City, and do all clerical work in connection with the operation and management of the Electric Light Plant, the Water Works, the Sewage Waste Water Plant, and any public utility or public works operated by the City.
(d) The Clerk-Treasurer shall be the fiscal officer of the City and shall perform all services and discharge all duties and be subject to all obligations required of City Auditors and City Treasurers by the general laws of the State, and he shall give a corporate surety bond for the performance of his duties as such Clerk-Treasurer in such sum as may be required by the Council.
(e) All fees of any kind or nature whatsoever collected by the Clerk-Treasurer, and all compensation other than salary received by the Clerk-Treasurer in any manner whatsoever growing out of or connected with his position as Clerk-Treasurer of the City shall be by him paid into the Treasury of the City on the first Monday of each month. At the first regular meeting of the Council in each and every month he shall submit a full statement of all money received by him by way of fees or compensation, from whom and for what purpose received and when paid into the Treasury.
SECTION 6.11. DEPARTMENT OF UTILITIES.
The Director of Utilities shall be the head of the Electric, Water and Communication divisions of Utilities of the city. He shall be appointed by the Mayor subject to the approval of Council by a 4/5ths vote of its membership. He shall serve at the pleasure of the Mayor and Council and may be removed by the Mayor subject to the approval of the Council by a majority vote of its membership. The Mayor shall fix the salary of the Director of Utilities with the approval of the Council by a majority vote of its membership. The Director of Utilities shall supervise the operations and maintenance of the City’s Electric, Water and Communications Utilities and perform such other duties as directed by the Mayor and Council or as provided by resolution or ordinance.
(a) No public utility facility, used for the provision of a utility service, shall be sold, without the approval of such sale, by a majority vote of the electors of the City.
SECTION 6.121. OTHER DEPARTMENTS.
The Council may, by ordinance or resolution, create other departments not specifically provided for in this Charter, combine, change and abolish such departments established by the Council. The Council may not abolish, merge or combine departments created by this Charter, provided one person may concurrently serve as the head of any number of departments.
SECTION 6.132. ASSIGNMENTS AMONG DEPARTMENTS.
The Mayor shall have the power to make assignments of personnel and equipment among the various departments and divisions under his general supervision, as he determines to be in the best interest of the City.
SECTION 7.01. CIVIL SERVICE COMMISSION.
(a) There is hereby created and established a Civil Service Commission which shall consist of three members appointed by the Mayor for terms of six years each; provided that the persons holding the office of member of the Civil Service Commission at the time this revised Charter takes effect shall continue to serve in that office for the remainder of their terms, but shall exercise the powers, duties and functions as provided in this Charter. Not more than two members shall be of the same political party.
(b) All compensated positions in the service of the City shall be in the classified service and shall be appointed pursuant to competitive examinations, except the following which shall comprise the unclassified service of the City:
(1) Members of Council including the President of Council.
(2) All clerical employees of the Council.
(3) The Mayor.
(4) All heads of departments created by this Charter or created by the Council under this Charter.
(5) All assistants to the City Attorney.
(6) Members of boards and commissions established by this Charter or by the Council.
(7) Volunteer members of the Department of Fire and members of the auxiliary police unit within the Department of Police.
(8) The secretary of each board and commission established by this Charter or by the Council, provided that if such secretary holds other employment within the classified service of the City, this section shall not exempt such person from the requirement of competitive examination to hold such other employment.
(9) The General Manager appointed by the Board of Public Affairs under Section 7.02 of this Charter.
(910) Persons of exceptional professional or scientific qualifications engaged as consultants.
(101) Unskilled laborers as defined and authorized by the Civil Service Commission, temporary employees who are not employed for more than ninety continuous days or for more than ninety days in one year.
(112) One personal secretary to the Mayor and one deputy or clerk to the City Clerk-Treasurer and City Attorney, provided, however, that it shall be necessary for such positions to have been created by the Council.
(c) The Mayor shall appoint and promote, subject to confirmation of the Council, and shall remove, suspend or otherwise discipline all employees of the City, except employees under the control and supervision of the Board of Public Affairs, in accordance with the Civil Service provisions of this Charter.
No employee appointed or promoted by the Mayor shall take his position with the City until the Council shall confirm his appointment or promotion by a majority vote of its membership, provided that the Mayor may make appointments to be effective for a period of not more than thirty days without the approval of the Council, when in his judgment the affairs of the City require such emergency action. The Board of Public Affairs shall appoint, promote, remove, suspend and otherwise discipline all employees under its control and supervision in accordance with the civil service provisions of this Charter. Appointments and promotions by the Board of Public Affairs shall not be subject to confirmation by the Council.
(d) The selection, promotion, demotion, discipline and removal of all employees within the classified service, shall be made in accordance with rules and regulations adopted by the Civil Service Commission and approved by the City Council, and such rules and regulations shall prevail over conflicting provisions of the laws of the State of Ohio. The rules and regulations of the Civil Service Commission shall require that appointments and promotions in the classified service shall be made according to merit and fitness, to be ascertained, as far as practical, by competitive examinations.
(Passed by voters 11-8-83.)
SECTION 7.02. BOARD OF PUBLIC AFFAIRS.
(a) The Board of Public Affairs shall consist of five members to be elected from the City at large for overlapping terms of four years. Members of the Board shall be electors of the City. Persons serving as members of the Board at the time this revised Charter becomes effective shall continue in office for their existing term of office and until their successors are elected or appointed as provided under the revised Charter. The Mayor shall be an ex-officio member of the Board of Public Affairs, entitled to attend all meetings of the Board and to participate in the discussions and deliberations of the Board, but shall have no vote on the Board.
(Amended 11-4-97.)
(b) The Board of Public Affairs shall have the control and supervision over the operations and personnel of the electric and water utilities, including paying and setting the wage of each of its personnel, and such other functions and duties assigned to it by the Council, subject to the provisions of Section 6.10 of this Charter.
|(c) No public utility facility, used for the provision of a utility service, shall be sold, without the approval of such sale, by a majority vote of the electors of the City.|
(d) The Board of Public Affairs shall submit its itemized budget requests to the Mayor for inclusion in the proposed budget submitted to the Council for its consideration. Once the Council has appropriated funds for the use of the Board of Public Affairs, the Board need not secure further approval for its expenditures by the Council so long as the funds are expended for the purposes appropriated; provided that the Council shall retain the power to increase, reduce and transfer appropriations made for the use and purposes of the Board, with the approval of the Board.
(e) The Board of Public Affairs shall appoint a Director of Utilities of the electric and water utilities. He shall serve at the pleasure of the Board which pays him, sets his wage, and the term of his office. He shall act as the executive head of the electric and water utilities and shall perform such other functions and duties as directed by the Board.
(f) The office of a member of the Board shall become vacant upon his death, resignation or removal from office. A vacancy in the Board shall be filled for the remainder of the unexpired term at the next regular municipal election following not less than sixty (60) days upon the occurrence of the vacancy, but the Board by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Board shall fail to fill the vacancy of the interim period as provided herein above within thirty days following the occurrence of the vacancy, its power to fill the vacancy shall lapse and the Mayor shall fill the vacancy during the interim period of appointment.
(g) The Board may remove a member of the Board and declare his office to be vacant upon finding the accused member guilty of any of the following causes by a two-thirds vote of the members of the Board, excluding the accused member:
(1) Willful or repeated violation of the provision of this Charter.
(2) Failure to attend three consecutive regular meetings of the Board without being excused by the Board. Board may excuse absences of its members at any time, whether before or after the absence.
(3) Misfeasance, malfeasance and nonfeasance in office.
(4) Failure of a member to resign when he no longer maintains his main residency within the municipal limits of the City of Bryan.
(Passed by voters 5-8-84.)
SECTION 7.023. BOARD OF HEALTH.
(a) The City of Bryan may provide for the services of a Board of Health by one of two options:
(1) A Board of Health established by the Mayor and Council; or
(2) Under contract with a third party.
(b) When services of the Board of Health are provided under Article VII, Section 7.03(a)(1), the Mayor and Council shall comply with the following:
(1) The Board of Health shall be composed of five electors of the City appointed by the Mayor subject to the confirmation of the Council by a majority vote of its members. Two members shall be doctors of medicine. All members shall serve without compensation. Members of the Board of Health shall be appointed for overlapping terms of five years each and shall be appointed in a manner resulting in the expiration of the term of office of one member each year.
(2) The Board shall elect one of its members as President, who shall preside in the absence of the Mayor, and another member as Secretary.
(3) A Health Commissioner shall be appointed for such time and in such manner and paid such compensation as may be prescribed by the Mayor with the approval of Council by a majority vote of its members.
(4) The Board of Health shall have such powers and perform such duties as may be prescribed by the ordinances and resolutions passed by the Council and by the laws of the State of Ohio.
(5) The Board of Health shall exist at the pleasure of the Mayor and Council and may be terminated and/or disbanded by the Mayor subject to the approval of Council by a majority vote of its membership.
(c) When services of the Board of Health are provided under Article VII, Section 7.03(a)(2), the Mayor, with approval of Council by a majority vote of its membership, may contract for the services of the Board of Health at any time. At the expiration of the contract, the Mayor may renew the contract with approval of the Council by a majority vote of its membership, or appoint a new board pursuant to Article VII, Section 7.03(b).
(Amended 11-4-97.)
SECTION 7.034. PLANNING COMMISSION.
(a) There is hereby created a Planning Commission consisting of the Mayor, Street Commissioner, City Engineer and four citizen members who shall be electors of the City and shall be appointed by a majority vote of the members of the Council for terms of six years each. The three citizen members of the City Planning Commission under the prior Charter shall continue as members of the Planning Commission under this revised Charter until the expiration of their terms of office. The fourth citizen member shall be appointed for a term of office that will assure that the term of two members shall expire every second year. No citizen member shall serve more than two consecutive terms.
(Amended 11-4-97.)
(b) The powers, duties, and functions of the Planning Commission, and limitations thereon, shall be prescribed by ordinance or resolution, but until such ordinance or resolution shall be passed it shall have those powers, duties and functions conferred on City Planning Commissions by the general laws, as are not in conflict with this Charter.
SECTION 7.045. OTHER BOARDS AND COMMISSIONS.
The Council, by a majority vote of its members, may create and establish and combine, merge or abolish such other boards and Commissions by ordinance or resolution. The number of members, qualifications, term of office, and powers, duties and functions of such other boards and commissions shall be provided by ordinance or resolution, but such ordinance or resolution shall not conflict with any of the provisions of this Charter.
SECTION 7.056. ORGANIZATION – VACANCIES.
(a) At the first meeting in each year, each board or commission established by this Charter or by ordinance or resolution of Council shall organize by electing a chairman and secretary, except as otherwise provided in this Charter. The chairman shall be a member of the board or commission and the secretary, except in the case of the Board of Health and Board of Public Affairs, may be elected from within or without the membership of such board or commission. The secretary shall keep an accurate and complete record of the proceedings of such board or commission. Each member shall be an elector of the City.
(b) A majority of each of the Boards and Commissions hereinabove referred to shall constitute a quorum for meetings and a majority vote of the members of such board or commission shall be necessary to take any action and for the passage of motions. Rules providing for the number and manner of calling regular and special meetings, and to provide for the conduct and government of meetings of each such board or commission, may be adopted by a majority vote of the members of each such board or commission; however, such rules shall not conflict with the provisions of this Charter or any ordinance or resolution passed by the Council.
(c) Unless otherwise provided for by this Charter, a vacancy during the term of any member of a board or commission created by this Charter or by ordinance of the Council shall be filled for the unexpired term in the manner authorized for an original appointment.
SECTION 7.067. REMOVAL OF MEMBERS.
(a) The Council shall remove a member of any board or commission and declare his office to be vacant upon finding the accused member guilty of any of the following causes by a four-fifths vote of the members of the Council:
(1) Failure to be or remain an elector of the City during the term, or violation of any other qualification for holding such office.
(2) Holding other office or employment with the City during his term of office, unless otherwise required or permitted by this Charter.
(3) Conviction of a felony, involving moral turpitude.
(b) The Council may remove a member of any board or commission and declare his office to be vacant upon finding the accused member guilty of any of the following causes by a four-fifths vote of the members of the Council:
(1) Willful or repeated violation of the provisions of this Charter.
(2) Failure to attend three consecutive regular meetings of the board or commission of which he is a member without being excused by such board or commission. Each board and commission may excuse absences of its members at any time, whether before or after the absence.
(3) Misfeasance, malfeasance, and nonfeasance in office.
(c) The Council shall notify any accused member of the charges against him by serving a copy of the charges and a notice of the date, time and place of the hearing on the charges on him personally or by leaving such copy and notice at his last known place of residence in the City. At the hearing the member of the Council making the charges against the accused member and the accused member may appear in person or by attorney and may examine witnesses. The Mayor shall issue subpoenas for witnesses or other evidence upon the request of the member of Council making the charges and the accused member. Charges against a member of any board or commission may be made under this section only by a member of Council, it being the intention of this Charter that the Council shall be the sole judge of the election and qualifications of the members of all boards and commissions.
SECTION 8.05. ELECTION OF CANDIDATES AND VOTE REQUIRED ON ISSUES.
(a) The candidates at the regular municipal election, equal in number to the places to be filled in each office, who receive the highest number of votes shall be declared elected. If it cannot be determined which of two or more candidates shall be declared elected, by reason of their having received the same number of votes, the election authorities shall determine by lot which of the candidates shall be declared elected.
(b) No question submitted to the electors under this Charter shall be passed or carried unless a majority of the electors voting on the question shall vote in favor thereof, and if any State law governing such election shall require more than a majority vote, the percentage of vote required to pass the measure under the State law shall govern in the absence of an ordinance of Council otherwise providing. The form of ballot to be used on all questions submitted to the electors shall be prescribed by Council at the time the question is certified to the proper election officials for the calling of the election.
The full charter and proposed changes are available for viewing at The Clerk Treasurer’s office, 1399 E High St, Bryan, OH 43506 during normal business hours and on the city of Bryan’s website www.cityofbryan.com
The proposed amendment is submitted in accordance with Article XVIII, Section 9 of the Ohio Constitution and Ohio Revised Code § 731.211.
The polls for said election will be open from 6:30 a.m. to 7:30 p.m. on the date of the election at the regular polling places in the City of Bryan, Ohio.
By order of the Clerk-Treasurer of the City of Bryan, Ohio.
John W. Lehner, Clerk-Treasurer
Publication dates: e.g., First publication: ____________, 2026; Second publication: ____________, 2026