Whenever in any city the legislative authority thereof, by ordinance, declares it essential to the interests of such city that a rapid transit commission, with the powers and duties described in sections 747.01 to 747.13, inclusive, of the Revised Code, be appointed, the mayor of such city shall appoint a board to be known as the board of rapid transit commissioners. Such board shall consist of five members, electors of the county within which such city is located, and a majority of whom shall be electors of such city.

The commissioners shall serve without compensation until such time as any of the contracts necessary for the construction authorized by such sections have been awarded, after which time the commissioners shall receive such compensation as is fixed by the legislative authority of the city. Except as otherwise provided in section 3.061 of the Revised Code, each commissioner shall give bond in an amount to be fixed by the legislative authority and approved as other bonds of municipal officers; the premium on such bond shall be paid by the city.

The commissioners shall be appointed for terms of one, two, three, four, and five years respectively, and their successors shall be appointed for a term of five years, in cities having no charter, and in cities having charters in accordance with the provisions thereof, and in case of vacancy by death, resignation, or removal of a member of such board, the mayor shall immediately appoint a successor to fill the vacancy for the unexpired term.

The mayor, with the approval of the legislative authority, may remove any commissioner upon charges and specifications of malfeasance or nonfeasance in office preferred by the mayor. A copy of such charges and specifications shall be furnished the commissioner accused, and the accused commissioner shall be given a hearing by the mayor and have the opportunity to confront the witness against the accused commissioner and to present a defense in person or by counsel. If the mayor's decision upon such charges is in favor of removal, the mayor shall certify the proceedings and the mayor's findings to the legislative authority for approval or disapproval, and the action of the legislative authority thereon shall be final.

Amended by 132nd General Assembly File No. TBD, HB 291, §1, eff. 3/20/2019.

Effective Date: 10-01-1953 .