Policies and Procedures of the Board of Trustees of the Greater Cleveland Regional Transit Authority, Complete Through December 31, 2016
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POLICIES AND PROCEDURES OF THE BOARD OF TRUSTEES OF THE GREATER CLEVELAND REGIONAL TRANSIT AUTHORITY Current through December 31, 2016 2 CERTIFICATION I, Joseph A. Calabrese, General Manager/Secretary-Treasurer of the Greater Cleveland Regional Transit Authority, hereby certify that the general and permanent motions and resolutions of the Board of Trustees of the Greater Cleveland Regional Transit Authority, as revised, arranged, compiled, numbered, codified and printed herein, are correctly set forth and constitute the Policies and Procedures of the Board of Trustees of the Greater Cleveland Regional Transit Authority, complete through December 31, 2016. /s/ Joseph A. Calabrese Joseph A. Calabrese, General Manager/Secretary- Treasurer Codified and Published By AMERICAN LEGAL PUBLISHING CORPORATION One West Fourth Street, 3rd Floor Cincinnati, OH 45202 1-800-445-5588 Copyright b y AMERICAN LEGAL PUBLISHING CORPORATION 2017 Replacement 3 AMERICAN LEGAL PUBLISHING CORPORATION expresses its appreciation t o JANET E. BURNEY, ESQ. Deputy General Counsel-Administrative, Labor and Transactional Law JOSEPH A. CALABRESE General Manager/Secretary-Treasurer LORETTA KIRK Deputy General Manager- Finance and Administration and all other officers and employees of the Greater Cleveland Regional Transit Authority who assisted in the preparation of these Policies and Procedures of the Board of Trustees of the Greater Cleveland Regional Transit Authority and periodic Replacement Pages. 2014A Replacement 4 5 EDITOR'S NOTE: The Greater Cleveland Regional Transit Authority was established December 30, 1974, by Ordinance 2380-B-74 adopted by the City of Cleveland, and by a resolution adopted by the Board of County Commissioners. The Policies and Procedures of the Board of Trustees of the Greater Cleveland Regional Transit Authority were approved, adopted and enacted by Resolution 1989-176, passed December 12, 1989. This legislation is set forth in full below. Ordinance No. 2380-B-74 as a substitute for Ord. No. 2380-A-74. By Councilmen Forbes, Franklin, Carr, Mayor Perk and Councilmen Barnes, Bell, Boyd, Cain, Caviness, Climaco, Gaul, Getz, Haggard, Harmody, Kowalski, Kucinich, Lombardo, Lynch, Madison, McCall, McClendon, McFaul, Moss, Novak, Oakar, Perk, Russo, Strand, Townsend, Trenton, Zaccaro, Zone, Zunt. An emergency ordinance creating the Greater Cleveland Regional Transit Authority; establishing the terms and conditions for the transfer of the Cleveland Transit System to such Authority; amending Sec. 1 of Ordinance No. 798-72, passed June 19, 1972, relating to the Lake Erie Regional Transportation Authority; and authorizing and directing the Mayor to execute an Amended Agreement limiting the purposes of the Lake Erie Regional Transportation Authority. Whereas, the City of Cleveland (the "City") and the County of Cuyahoga (the "County") desire by their combined action to create pursuant to Sections 306.30 through 306.54 and 306.70 and 306.71 of the Ohio Revised Code a new regional transit authority for mass transportation of persons within the territory of the City and the County; and Whereas, Section 306.32 of the Ohio Revised Code, as amended by Amended Substitute Senate Bill No. 544, enacted by the Ohio General Assembly on June 12, 1974, and effective June 29, 1974, authorized the inclusion of the same area in more than one regional transit authority so long as the regional transit authorities are not organized for purposes relating to the same kinds of transit facilities and the regional transit authorities are created before January 1, 1975; and Whereas, the prior creation of the Lake Erie Regional Transportation Authority with territorial boundaries coextensive with the territorial boundaries of the County makes it necessary for the City and the County by their combined action and agreement to limit the purposes, including the kind of transit facilities, for which the Lake Erie Regional Transportation Authority is organized; and 6 Whereas, the Greater Cleveland Regional Transit Authority will not be operationally meaningful unless it acquires the City's Cleveland Transit System; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department and the immediate preservation of the public health, safety, and welfare in that the City's ownership of the Cleveland Transit System requires the City's participation and representation in the Greater Cleveland Regional Transit Authority and in that the creation of such regional transit authority for mass transportation of persons will enable residents of the City to travel to and from their homes, jobs, and other destinations in a convenient, safe, and economical manner and will facilitate and advance the commercial and economic development of the City; now, therefore Be it ordained by the Council of the City of Cleveland: Section 1. That it is hereby determined that the creation of a regional transit authority is necessary to provide a coordinated, consolidated, comprehensive public mass transportation system, to enable residents of the City and the County to travel to and from their homes, jobs, and other destinations in a convenient, safe, and economical manner, to facilitate and advance the commercial and economic development of the City and the County, and to protect the public health, safety, and welfare of the residents of the City and the County. Section 2. That a regional transit authority created by the City and County with territorial boundaries and jurisdiction coextensive with the territorial boundaries of the County of Cuyahoga be and the same is created by this ordinance and the resolution of the Board of County Commissioners pursuant to Sections 306.30 through 306.54 and 306.70 and 306.71 of the Ohio Revised Code, as amended by Amended Substitute Senate Bill No. 544, effective June 29, 1974. Section 3. That the regional transit authority created by this ordinance and by the resolution of the Board of County Commissioners shall be known as "Greater Cleveland Regional Transit Authority" (the "Authority"). Section 4. That the principal office of the Authority shall be located at such place as its Board of Trustees shall designate by resolution. Section 5. That the Authority shall be governed by a ten-member Board of Trustees (the "Board"). Each member of the Board shall serve a term of three (3) years, except as hereafter provided for the initial term of members of the Board, and shall be eligible for reappointment. Each member of the Board shall at the time of his appointment be a resident of the territory included in the Authority and shall remain a resident of such territory during his term of office. Except as otherwise provided by law, no person shall be disqualified from membership on the Board as a result of holding other public office or employment. Each member of the Board shall receive such lawful compensation as shall be established from time to time by resolution of the Board and shall in addition be reimbursed for his reasonable expenses in the performance of his duties. Members shall be removed as provided by law. 7 (A) The ten members of the Board shall be appointed as follows: (1) Four (4) members shall be appointed by the Mayor of the City with the advice and consent of the Council of the City, all of whom shall be residents of the City of Cleveland and shall so remain during the terms of their office. (2) Three (3) members shall be appointed by the municipal corporations, other than the City, and the townships located within the territory of the Authority as follows: (a) The President of the Board of County Commissioners of the County shall call a meeting of the mayors, managers, or other chief executive officers of such municipal corporations and the chairmen of the boards of township trustees of such townships for the purpose of electing the members to be appointed to the Board by such municipal corporations and townships. Such meeting shall be called within thirty (30) days after the creation of the Authority as to the initial appointments, within thirty (30) days after the creation of any vacancy to be filled by such municipal corporations and townships, and at least sixty (60) days prior to the expiration of each term for which the appointment is to be made pursuant to this paragraph. If the President of the Board of County Commissioners should fail to call the meeting within the time prescribed, such meeting shall be called by the mayor or manager of the most populous municipal corporation within the Authority as determined by the then most recent federal decennial census. Such meeting shall be called by giving each such mayor, manager, or other chief executive officer and each such chairman written notice of the time, place, and purpose of such meeting. Such written notice shall be sent to each such mayor, manager, or other chief executive officer and each such chairman by First Class U.S. mail (or its equivalent if First Class mail should be abolished) mailed not less than seven (7) days before the date of the meeting specified in such notice. Failure to receive such notice shall not invalidate the call of such meeting. (b) At the meeting, each member of the Board to be appointed by such municipal corporations and townships shall be elected by a majority of the votes cast. For each appointment to be made or each vacancy to be filled, each such municipal corporation and each such township shall have one (1) vote plus one (1) additional vote for each five thousand (5,000) residents or part thereof in excess of the first five thousand (5,000) residents as determined by the then most recent federal decennial census. The mayor, manager, or chief executive officer of each such municipal corporation and the chairman of the Board of each such township, or a duly authorized and appointed delegate of any of the foregoing, shall cast the vote or votes of each such municipal corporation and each such township.