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Regular Meeting

Garfield Heights, OH · July 28, 2026

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July 24, 2026 To: Members of Garfield Heights City Council Re: Announcement of Special Council Meeting Please be advised that a Special Meeting of the Garfield Heights City Council will be held on Tuesday, July 28, 2026, at 6:00 p.m., in the Council Chambers, Garfield Heights Civic Center, 5407 Turney Road, Garfield Heights, Ohio 44125. The purpose of the Special Meeting is limited to the following matters: Ordinance No. 65-2026 AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO SECTIONS 7 AND 12 OF THE GARFIELD HEIGHTS CHARTER RELATING TO THE TERM OF OFFICE OF MEMBERS OF COUNCIL, AND DECLARING AN EMERGENCY Ordinance No. 66-2026 AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT REPEALING SECTION 59 OF THE GARFIELD HEIGHTS CHARTER RELATING TO TRAFFIC LAW PHOTO- MONITORING DEVICES, AND DECLARING AN EMERGENCY. Executive Session, pursuant to Ohio Revised Code Section 121.22(G)(1), to consider employment and investigation of complaints against a public employee. No other business shall be considered at this Special Meeting except such business as is necessarily related to the foregoing matters. Your attendance would be appreciated. Sincerely, Matthew Burke Mayor Matthew Burke cc: All Directors News Media Clerk of Council 5407 Turney Road • Garfield Heights, OH 44125 • Phone 216-475-1100 • www.garfieldhts.org ORDINANCE NO.: 65-2026 SPONSORED BY: MAYOR MATTHEW A. BURKE AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO SECTIONS 7 AND 12 OF THE GARFIELD HEIGHTS CHARTER RELATING TO THE TERM OF OFFICE OF MEMBERS OF COUNCIL, AND DECLARING AN EMERGENCY WHEREAS, Section 52 of the Charter of the City of Garfield Heights permits this Council to submit proposed Charter amendments to the electors of the City upon a Council vote of two-thirds in favor of said change; and WHEREAS, the Garfield Heights Charter Review Committee, pursuant to Section 57 of the Garfield Heights Charter, has reviewed the Charter of the City of Garfield Heights and has recommended amending Section 7 of the Charter to provide that members of Council, beginning with the General Election held in November 2029, shall serve four-year terms; and WHEREAS, the Council, upon recommendation from the Board of Elections, wishes to further amend Section 7, along with Section 12 of the Charter, to provide that Council member terms begin on the first of December, following a General Election; and WHEREAS, an affirmative vote on these proposed changes of at least two-thirds of Council members present shall result in this amendment to be presented to the electors of the City on the November 3, 2026, General Election. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Garfield Heights, Ohio that: SECTION 1. Section 7 of the Garfield Heights Charter shall be amended as follows: SECTION 7. COUNCIL POWERS, TERM AND VACANCY. The legislative power of the City, except as limited by this Charter, and such additional power as may be expressly granted by this Charter, shall be vested in a Council of seven (7) members elected by wards. Beginning with Council members elected at the General Election held in November 2029, each Council member shall serve serving for a term of four (4) two years, or until their successors are elected and qualified. Every four (4) years thereafter, all seven (7) Council members shall be elected at the same election as the Mayor. Each term of office shall commence on December 1st of the General Election and shall end four (4) years later at midnight of November 30th following the General Election in that year. The term of office of all Councilmen elected in 1973 shall commence on January 1, 1974 and end at midnight of the first Sunday following the General Election in 1975. Commencing with the election in November, 1975 and for each succeeding term thereafter, the term of office of the Councilmen shall commence on the first Monday following the General Election in November and shall end two years later at midnight on the Sunday following the General Election in that year. When the office of a Councilmember Councilman shall become vacant the vacancy shall be filled by election for the unexpired term by a majority vote of all remaining members of the Council. If the Council fails, within thirty (30) days to fill such a vacancy, the Mayor shall fill it by appointment. SECTION 2. Section 12 of the Garfield Heights Charter shall be amended as follows: SECTION 12. PRESIDENT OF COUNCIL. The Council shall elect one of its members President of Council at the first meeting in December November following the General Election. The President of Council shall preside at all regular and special meetings of Council and perform such duties as presiding officer as may be imposed upon him or her by the Council. Council has the power to establish rules for the removal of President of Council during the President’s his or her term as they see fit. If the office of President of Council becomes vacant, or the President of Council is removed by Council, or the President of Council is absent from a regular or special meeting, Council shall elect a President pro tem. The President of Council shall be elected for a term commensurate with the President’s his or her duties as a councilperson and shall meet all of the qualifications as proscribed by the Charter of the City of Garfield Heights. No Councilmember shall be elected President of Council until that member has completed one full term in office. In the event no member of Council has completed one full term in office at the time the President is to be elected, all members of Council shall be eligible to be elected. Section 12 of the Charter of the City of Garfield Heights shall go into effect concurrent with the expiration of the term of the Council President elected in the November 3, 2009 General Election, which will be midnight of Sunday, November 13, 2011. SECTION 3. The proposed amendments to Section 7 and 12 of the Garfield Heights Charter shall be submitted to a vote of the qualified electors of the City of Garfield Heights at the General Election to be held on November 3, 2026, during the regular hours of voting prescribed by law. The amendment shall become effective upon approval by a majority of the electors voting thereon. SECTION 4. The Law Director is hereby directed to transmit a certified copy of this Ordinance and the following ballot language to the Cuyahoga County Board of Elections, c/o the Director’s Office, located at 1803 Superior Avenue, Cleveland, Ohio 44115 and/or to hand-deliver the same to the Issues Department of the Cuyahoga County Board of Elections and obtain a written and dated receipt therefore and he is further directed to make the necessary arrangements with the Board of Elections, Cuyahoga County, for giving notice of the proposed amendment of the municipal Charter and for compliance with other regulations including but not limited to appropriate ballot language in accordance with the Ohio Revised Code. PROPOSED BALLOT LANGUAGE SHALL SECTIONS 7 AND 12 OF THE GARFIELD HEIGHTS CHARTER BE AMENDED TO PROVIDE THAT, BEGINNING WITH THE NOVEMBER 2029 GENERAL ELECTION, ALL SEVEN COUNCIL MEMBERS SHALL BE ELECTED TO FOUR-YEAR TERMS COMMENCING DECEMBER 1 FOLLOWING THE GENERAL ELECTION; AND THE COUNCIL SHALL ELECT ONE OF ITS MEMBERS AS PRESIDENT OF COUNCIL AT THE FIRST MEETING IN DECEMBER FOLLOWING THE GENERAL ELECTION? YES ______ NO ______ SECTION 5. This Ordinance is declared to be an emergency measure for the best interest of the citizens of Garfield Heights and for the further reason that publication requirements of Ohio law pertaining to Charter amendments necessitates passage without undue delay, therefore this Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: __________________________________ APPROVED: _______________________________ ______________________________________ MAYOR PRESIDENT OF COUNCIL ATTEST: __________________________________ EFFECTIVE DATE: ____________ CLERK OF COUNCIL ORDINANCE NO.: 66-2026 SPONSORED BY: MAYOR MATTHEW A. BURKE AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT REPEALING SECTION 59 OF THE GARFIELD HEIGHTS CHARTER RELATING TO TRAFFIC LAW PHOTO-MONITORING DEVICES, AND DECLARING AN EMERGENCY WHEREAS, Section 52 of the Charter of the City of Garfield Heights permits this Council to submit proposed Charter amendments to the electors of the City upon a Council vote of two-thirds in favor of said change; and WHEREAS, an affirmative vote of at least two-thirds of Council members present shall result in this amendment to be presented to the electors of the City on the November 3, 2026, General Election; and WHEREAS, the Garfield Heights Charter Review Committee, pursuant to Section 57 of the Garfield Heights Charter, has reviewed the Charter of the City of Garfield Heights, Ohio, has recommended to Council the repealing of Section 59 of the Garfield Heights Charter relating to traffic law photo-monitoring devices, and WHEREAS, the Council wishes to provide for said amendment. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Garfield Heights, Ohio that: SECTION 1. Section 59 of the Garfield Heights Charter relating to traffic photo-monitoring devices shall be repealed in its entirety: 59-1. The City, including its various Boards, agencies and departments, shall not use any traffic law photo-monitoring device for the enforcement of a qualified traffic law violation, unless a law enforcement officer is present at the location of the device and personally issues the ticket to the alleged violator at the time and location of the violation. 59-2. Definitions. As used in this Section 59: a) "Law enforcement officer" means any law enforcement officer employed by the City or any other political jurisdiction in Ohio, including the State. The City may from time to time and in its discretion, by ordinance or resolution, designate which City employees are, "law enforcement officers" for purposes of this Section 59. b) "Qualified law traffic violation" means a violation of any of the following: (1) any state or local law relating to complying with a traffic control signal or railroad crossing sign or signal; or (2) any state or local law limiting the speed of a motor vehicle. c) "Ticket" means any traffic ticket, citation, summons, or other notice of liability (whether civil or criminal) issued in response to an alleged qualified traffic law violation detected by a traffic law photo-monitoring device. d) "Traffic law photo-monitoring device" means an electronic system consisting of a photographic, video, or electronic camera and a means of sensing the presence of a motor vehicle that automatically produces photographs, videotape, or digital images of the vehicle, its license plate or its operator. 59-3. Any ordinance enacted prior to the passage of this Amendment that contravenes any of the foregoing is void. After the enactment of this Amendment, the City shall not enact or enforce any ordinance that contravenes any of the foregoing. In the event that any provision of this Section 59 is found to be unconstitutional or impermissibly in conflict with state or federal law, only such provision found to be unconstitutional or impermissible will be stricken, and the remainder of this Section 59 will remain in full force and effect. SECTION 2. The proposed amendment to Section 59 of the Garfield Heights Charter shall be submitted to a vote of the qualified electorate of the City of Garfield Heights at an election to be held November 3, 2026, during the regular hours of voting permitted as prescribed by law, where a majority affirmative vote is required for passage. SECTION 3. The Law Director is hereby directed to transmit by certified mail a certified copy of this Ordinance and the following ballot language to the Cuyahoga County Board of Elections, c/o the Director’s Office, located at 1803 Superior Avenue, Cleveland, Ohio 44115 and/or to hand-deliver the same to the Issues Department of the Cuyahoga County Board of Elections and obtain a written and dated receipt therefore and he is further directed to make the necessary arrangements with the Board of Elections, Cuyahoga County, for giving notice of the proposed amendment of the municipal Charter and for compliance with other regulations including but not limited to appropriate ballot language in accordance with the Ohio Revised Code. PROPOSED BALLOT LANGUAGE SHALL SECTION 59 OF THE GARFIELD HEIGHTS CHARTER, WHICH CURRENTLY PROHIBITS THE USE OF PHOTO-MONITORING TRAFFIC DEVICES, BE REPEALED? YES ______ NO ______ SECTION 4. This Ordinance is declared to be an emergency measure for the best interest of the citizens of Garfield Heights and for the further reason that publication requirements of Ohio law pertaining to Charter amendments necessitates passage without undue delay, therefore this Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: __________________________________ APPROVED: _______________________________ ______________________________________ MAYOR PRESIDENT OF COUNCIL ATTEST: __________________________________ EFFECTIVE DATE: ____________ CLERK OF COUNCIL

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