ARTICLE XIII
BOARD OF REVIEW
A. Composition
A Board of Review, consisting of a chairman and two other
individuals, each to be appointed by the Mayor, with the consent
of Council, is created. The members shall serve for three-year
terms from the effective date of their respective appointments,
except that the original terms shall be for one, two; and three
years respectively.
B. Procedure
A majority of the members of the Board shall constitute a
quorum. The board shall adopt its own procedural rules and shall
keep a record of its transactions. The Board shall elect a chairman
and secretary from its membership and shall be governed by Robert's
Revised Rules of Order except as its own bylaws differ. Any member
is eligible for reappointment to the Board of Review. No compensation
shall be paid to the members until otherwise provided by Council.
All members of the Board of Review shall be resident citizens
of this Municipality. Any Board member may be removed from office
due to; misfeasance, nonfeasance, malfeasance, or nonattendance
to duty, and removal shall be made by the Mayor. Any aggrieved
member may appeal the removal to Council for final determination
within ten days of receiving notice of the Mayor's removal, in
which case the removal order shall be considered a suspension
of the member until Council's final determination. Any hearing
by the Board may be conducted privately and the provisions of
Section 9 of the Ordinance with reference to the confidential
character of information required to be disclosed by this chapter
shall apply to such matters as may be heard before the Board
on appeal. All rules and regulations and amendments or changes
thereto, which are adopted by the Administrator under the authority
conferred by the Ordinance, must be approved by the Board of
Review before the same become effective. The Board shall hear
and pass on appeals from any ruling or decision of the Administrator,
and, at the request of the Taxpayer or Administrator is empowered
to substitute alternate methods of allocation.
C. Appeals
1. An appeal from a ruling of the Administrator by a Taxpayer
or Employer is effected by filing a notice of appeal with the
Board in the City Hall, within thirty (30) days after the announcement
of the Administrator's ruling or decision from which the appeal
is taken. C copy of such notice of appeal must be filed with
the Administrator.
2. The Board, by a majority vote, may affirm, modify or reverse,
in whole or in part any such ruling or decision of the Administrator.
3. Hearings before the Board shall be private unless the Taxpayer
request a public hearing.
ARTICLE XIV
USE OF FUNDS
NO REGULATION ON THIS SECTION AS IT IS A POLICY
MATTER FOR COUNCIL.
ARTICLE XV
CREDIT ALLOWED FOR THE TAX PAID IN ANOTHER MUNICIPALITY
A. Limitation
1. Where a Resident of this Municipality is subject to a municipal
income tax in another municipality he shall not pay a total municipal
income tax on the same income greater than the tax imposed at
the higher rate.
B. Credit to Residents
1. Resident individuals of this Municipality who are required
to pay and do pay, a tax to another municipality on salaries,
wages, commissions or other compensation for work done or services
performed in such other municipality, or on Net Profits form
Businesses, professions or other activities conducted in such
other municipality, may claim a credit of the amount of tax paid
by them or on their behalf for the same taxable period to such
other municipality but only to the extent of the tax imposed
by this Ordinance on such compensation or Net Profits.
C. Method of Applying for Credit
1. No credit will be given unless the Taxpayer claims such
on his final return or other form prescribed by the Administrator,
and presents such evidence of the payment of a similar tax to
another municipality, as the Administrator may require.
2. A refund must be claimed by the taxpayer or his employer
within three (3) years of the date of filing the final return
for the year for which such refund is claimed. The Administrator
shall prescribe rules for verification.
D. A statement satisfactory
to the Administrator from the taxing authority of the municipality
to which the taxes are paid that a Massillon Resident or his
Employer is paying the tax shall be considered as fulfilling
the requirement of this article.
ARTICLE XVI
COLLECTION OF TAX AFTER TERMINATION OF CHAPTER
AND SAVINGS CLAUSE
A. This chapter shall continue effective insofar as the levy
of taxes is concerned until revoked and insofar as the collection
of taxes levied hereunder and actions or proceedings for collecting
any tax so levied or enforcing any provisions of this chapter
are concerned, it shall continue effective until all of the taxes
levied in the aforesaid period are fully paid and any and all
suits and prosecutions for the collection of the taxes or for
the punishment of violations of this chapter are fully terminated.
Subject to the limitations contained in Section 11 and 12 of
this Ordinance.
B. Annual returns due for all or any part of the last effective
year of this chapter shall be due on the date provided in Section
5 and 6 as though the Ordinance were continuing.
C. These Rules and Regulations contain changes from the Rules
and Regulations adopted for previous years in an Effort to Effect
uniform administration of municipal income taxes throughout Ohio,
and changes in these Regulations from those of previous years
do not imply any intent to effect a substantial change in the
Rules and Regulations, but are merely changes in form.
ARTICLE XVII
AMENDMENTS & SUPPLEMENTS
A. From time to time amendments and supplements to these regulations
may be issued by the Administrator. |