Ohio Revised Code

Ohio Rev. Code § 731.45 (2026)

Rules - journal - expulsion of members

✓ laws through the 2026 session (checked Sept. 2026)

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Effective:

October 1, 1953

Latest Legislation:

House Bill 1 - 100th General Assembly

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The legislative authority of a municipal corporation shall determine its own rules and keep a journal of its proceedings. It may punish or expel any member for disorderly conduct or violation of its rules, and declare his seat vacant for absence without valid excuse, where such absence has continued for two months. No expulsion shall take place without the concurrence of two thirds of all the members elected, and until the delinquent member has been notified of the charge against him and has had an opportunity to be heard.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1955–2023 · leading case: City of Dayton v. Woodgeard, 187 N.E.2d 921 (Ohio Ct. App. 2d Dist. 1962).

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City of Dayton v. Woodgeard, 187 N.E.2d 921 (Ohio Ct. App. 2d Dist. 1962). · cites it 2× “* * *” Section 731.45, Revised Code, provides that: “The legislative authority of a municipal corporation shall determine its own rules * * *.”

State ex rel. More Bratenahl v. Bratenahl (Slip Opinion), 2019-Ohio-3233. · cites it 2× “To allow a secret ballot, she says, is inconsistent with the act’s legislative purpose of allowing the public to ascertain the workings of their government. {¶ 11} Bratenahl pushes back on such a reading.”

Kalk v. Vill. of Woodmere, 500 N.E.2d 384 (Ohio Ct. App. 8th Dist. 1985). “2 See R.C. 731.45 and 731.46. 3 For example, the individual can seek declaratory judgment as Mayor Smith did in January 1983.”

Rogers v. Vill. of Wakeman, 669 N.E.2d 32 (Ohio Ct. App. 6th Dist. 1995). · cites it 5× “The trial court’s interpretation of R.C. 731.45 is clearly erroneous and contrary to law.”

Humphrey v. Youngstown, 143 N.E.2d 321 (Ohio Ct. App. 1955). “However there is a specific expression on the subject in §731.45 R. C., where it is said:— “The legislative authority of a municipal corporation shall determine its own rules.”

Douglas v. Lakemore, 2023-Ohio-4399. · cites it 2× “{¶4} The Village then moved for reconsideration arguing it was not required, pursuant to R.C. 731.45, to provide Mr. Douglas with notice and an opportunity to be heard with regard to a censure.”

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