Charges filed with the legislative authority under section 733.35 of the Revised Code, shall be heard at the next regular meeting thereof, unless the legislative authority extends the time for the hearing, which shall be done only on the application of the accused. The accused may appear in person and by counsel, examine all witnesses, and answer all charges against him. The judgment or action of the legislative authority shall be final, but to remove such officer the votes of two thirds of all members elected thereto shall be required.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1960–2022 · leading case: Hurt v. Liberty Twp., 2017 Ohio 7820 (Ohio Ct. App. 2017).
Hurt v. Liberty Twp., 2017 Ohio 7820 (Ohio Ct. App. 2017). · cites it 3דR.C. 733.36. The Board of Trustees acts as a quasi-judicial authority during the hearing.”
Roseman v. Vill. of Reminderville, 470 N.E.2d 224 (Ohio Ct. App. 1984). · cites it 4דII R.C. 733.36 provides: “Charges filed with the legislative authority under section 733.”
Nosse v. Kirtland, 2022 Ohio 4161 (Ohio Ct. App. 2022). “2022-L-032 to R.C. 733.36 to consider the Mayor’s termination of employment of Police Chief Nosse, despite Police Chief Nosse demanding that the hearing be conducted in public, and not in executive session, thereby validating Council’s concurrence with the Mayor’s decision to…”
Fulmer v. W. Licking Jt. Fire Dist., 2016 Ohio 5301 (Ohio Ct. App. 2016). · cites it 4ד) {¶19} R.C. 733.36 states the following: Charges filed with the legislative authority under section 733.”
Vajner v. Orange, 191 N.E.2d 843 (Ohio Ct. App. 1963). · cites it 4ד“WHEREFORE, I, Charles Mehlman, as the Mayor of the Village of Orange, request that a true copy of the above charges be personally served on the said Charles Vajner and a return of such service be filed with the Council of said Village as is provided for the return of service of…”
Kalk v. Vill. of Woodmere, 500 N.E.2d 384 (Ohio Ct. App. 1985). “This meeting was held pursuant to R.C. 733.36 which provides, “[cjharges filed with the legislative authority under section 733.”
Kiger v. Albon, 601 N.E.2d 603 (Ohio Ct. App. 1991). “If Leonard’s vote is disregarded, a four-to-one vote remains, sufficient to constitute the two-thirds majority vote required under R.C. 733.36. Therefore, this court must determine whether Leonard’s partic *307 ipation, even though her vote was not necessary for a majority,…”
Kiser v. Lowe, 236 F. Supp. 2d 872 (S.D. Ohio 2002). · cites it 2ד” Ohio Rev.Code § 733.36 sets forth the manner in which charges filed pursuant to § 733.”
State Ex Rel. Sullivan v. Vill. of Middleburg Heights, 174 N.E.2d 777 (Ohio Ct. App. 1961). · cites it 2ד35, Revised Code, and a trial had before the legislative au *363 thority of the village as provided hy Section 733.36, Revised Code. The power of a village to appoint a marshal (chief of police) and deputy marshals and policemen is provided for by Sections 737.”
Dorf v. Sylvania Twp. Bd. of Trs., 441 N.E.2d 275 (Ohio Ct. App. 1981). “” R.C. 733.36 provides as follows: “Charges filed with the legislative authority under section 733.”
Walker v. Vill. of Belpre, 171 Ohio St. (N.S.) 177 (Ohio 1960). · cites it 4ד* * *” *183 Section 733.36, Revised Code, provides: “Charges filed with the legislative authority under Section 733.”
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