As Reported by the Senate Local Government, Public Safety and Veterans Affairs Committee
132nd General Assembly
Regular Session Sub. H. B. No. 291
2017-2018
Representative Wiggam
Cosponsors: Representatives Lipps, Seitz, Arndt, Merrin, Goodman, Dean, Stein, Henne, Anielski, Hambley, Carfagna, Antonio, Barnes, Blessing, Brown, Cupp, Dever, Duffey, Edwards, Ginter, Greenspan, Holmes, Johnson, Kick, Lang, Lepore-Hagan, Pelanda, Riedel, Rogers, Romanchuk, Ryan, Schaffer, Scherer, Schuring, Sheehy, Sprague, Thompson, West, Young, Zeltwanger
A BILL
To amend sections 3.30, 153.24, 305.04, 309.03, 311.02, 313.03, 315.03, 317.02, 319.02, 321.02, 325.071, 325.12, 329.01, 505.02, 505.03, 507.02, 507.021, 507.03, 509.02, 519.161, 705.27, 705.60, 733.65, 733.69, 735.03, 739.02, 747.01, 749.22, 755.23, 955.12, 1901.32, 1907.20, 2101.03, 2151.12, 2153.10, 2301.12, 2303.02, 3313.23, 3313.25, 3314.011, 3319.05, 3375.32, 5155.04, 5571.04, 5593.05 and to enact section 3.061 of the Revised Code to allow certain political subdivisions to adopt a policy authorizing the use of an "employee dishonesty and faithful performance of duty policy" instead of individual surety bonds for officers, employees, and appointees who are otherwise required by law to give bond before entering upon the discharge of duties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3.30, 153.24, 305.04, 309.03, 311.02, 313.03, 315.03, 317.02, 319.02, 321.02, 325.071, 325.12, 329.01, 505.02, 505.03, 507.02, 507.021, 507.03, 509.02, 519.161, 705.27, 705.60, 733.65, 733.69, 735.03, 739.02, 747.01, 749.22, 755.23, 955.12, 1901.32, 1907.20, 2101.03, 2151.12, 2153.10, 2301.12, 2303.02, 3313.23, 3313.25, 3314.011, 3319.05, 3375.32, 5155.04, 5571.04, and 5593.05 be amended and section 3.061 of the Revised Code be enacted to read as follows:
Sec. 3.061. (A) As used in this section:
(1) "Political subdivision" means a county, township, municipal corporation, school district, community school, or a library or library district specified in section 3375.32 of the Revised Code.
(2) "Employee dishonesty and faithful performance of duty policy" means a policy of insurance, or a coverage document issued by a joint self-insurance pool authorized under section 2744.081 of the Revised Code, to protect a political subdivision from financial or property loss caused by the fraudulent or dishonest actions of, and the failure to perform a duty prescribed by law for, an officer, employee, or appointee that is otherwise required by law to give an individual surety bond before entering upon the discharge of official duties.
(B) A political subdivision may adopt a policy, by ordinance or resolution, to allow for the use of an employee dishonesty and faithful performance of duty policy, rather than a surety bond, to cover losses caused by the fraudulent or dishonest actions of, and the failure to perform a duty prescribed by law for, officers, employees, or appointees that would otherwise be required to give an individual surety bond to qualify for the office or employment before entering upon the discharge of duties imposed by the office or employment. The employee dishonesty and faithful performance of duty policy shall be in effect and apply to the officer, employee, or appointee before the beginning of the individual's term of office or employment and the officer, employee, or appointee shall not commence the discharge of duties until coverage is documented as required by the legislative authority. A lack of coverage on the date on which the discharge of duties are commenced by the individual shall render the office vacant and it shall be filled as required by law.
(C) For a political subdivision that has adopted a policy as authorized under this section, all of the following apply:
(1) Notwithstanding any section of the Revised Code requiring an officer, employee, or appointee of a political subdivision to give bond before being entitled to enter upon the duties of the office or employment, an officer, employee, or appointee shall be considered qualified to hold the office or employment, without giving bond, on the date the oath of office is taken, certified, and filed as required by law.
(2) Notwithstanding section 3.30 or any other section of the Revised Code that provides an office or employment is vacated upon the failure to file bond, the officer, employee, or appointee shall be entitled to enter upon the duties of the office or employment when the policy is in effect as provided in division (B) of this section and the oath is filed as provided in division (C)(1) of this section.
(3) All officers, employees, or appointees who would otherwise be required to file a bond before commencing the discharge of duties shall be covered by and are subject to the employee dishonesty and faithful performance of duty policy instead of a surety bond requirement.
(4) The coverage amount for an officer, employee, or appointee under an employee dishonesty and faithful performance of duty policy shall be equal to or greater than the maximum amount of the bond otherwise required by law. If no amount, or only a minimum amount, of coverage is specified in law for the particular officer, employee, or appointee, the amount of coverage shall be an amount agreed upon by the legislative authority or the authority otherwise designated by law to determine the amount of the bond.
(D) A political subdivision that does not adopt a policy under this section shall continue to use the surety bonds as otherwise provided in the Revised Code.
(E) Nothing in this section relieves an officer, employee, or appointee of other applicable requirements to hold the office or employment.
Sec.
3.30. A
Except
as otherwise provided in section 3.061 of
the Revised Code, a
person elected or appointed to
an office who is required by law to give a bond or security previous
to the performance of the duties imposed on
him
the person
by
his
the
person's
office, who refuses or neglects to give such bond or
furnish such security within the time and in the manner prescribed
by law, and in all respects to qualify
himself
self
for
the performance of such duties, is deemed to have refused to accept
the office to which
he
the person
was elected or appointed.
Such office shall be considered vacant and shall be filled
as provided by law.
A person subject to a policy adopted under section 3.061 of the Revised Code, is deemed to have refused to accept the office or employment when the person fails to take, certify, and file the oath of office as required by law or fails to document proof of insurance coverage as provided in division (B) of section 3.061 of the Revised Code and the office shall be considered vacant and shall be filled as provided by law.
Sec.
153.24.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before
entering
upon the discharge
of their duties, the persons appointed to the building commission
shall each take an oath of office and give bond for the
faithful and honest discharge of
his
official
duties in the same
amount as required of members of the board of county commissioners,
with sureties approved by the judge of the court of
common pleas. Such bond shall be delivered to the county treasurer
and kept in
his
the treasurer's
office.
Sec.
305.04.
Before entering upon the discharge of
his
official
duties,
each county commissioner,
except as otherwise provided
in section 3.061 of the Revised Code,
shall give bond, signed
by a bonding or surety company authorized to do business in
this state, or, at
his
the county commissioner's
option, by two
or more freeholders having real estate in the value of double
the amount of the bond over and above all encumbrances to the
state, in a sum not less than five thousand dollars, and
the
surety
company to be approved by the probate judge of the county,
the .
The
bond
shall
be conditioned
for the faithful discharge
of the commissioner's official duties, and for the payment
of any loss or damage that the county may sustain by reason
of
his
the commissioner's
failure in such duties. Such bond,
with the oath of office and approval of the probate judge indorsed
thereon, shall be deposited with the county treasurer and
kept in
his
the treasurer's
office. The expense or premium for
such bond shall be paid by the board of county commissioners and
charged to the general fund of the county. Such surety may be
discharged in the manner provided by section 2109.18 of the Revised
Code for the release of sureties of guardians.
Sec.
309.03.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before
entering
upon the discharge
of
his
the official
duties of
the prosecuting attorney,
the prosecuting attorney shall give a bond, signed by a
bonding or surety company approved by the court of common pleas
or the probate court and authorized to do business in this state,
or, at
his
the prosecuting attorney's
option, signed by two
or more freeholders having real estate in the value of double
the amount of the bond over and above all encumbrances to the
state. Such bond shall be in a sum not less than one thousand
dollars, to be fixed by the court of common pleas or the
probate court and conditioned that such prosecuting attorney will
faithfully discharge all the duties enjoined upon
him
the prosecuting
attorney
by law, and pay over all moneys received
by him
in
his
the prosecuting attorney's
official capacity. The expense
or premium for such bond shall be paid by the board of county
commissioners, and shall be charged to the general fund of
the county. Such bond, with the approval of such court and the
oath of office required by sections 3.22 and 3.23 of the Revised
Code indorsed thereon, shall be deposited with the county
treasurer.
Sec.
311.02.
The
Except
as otherwise provided in section 3.061
of the Revised Code, the
sheriff
shall, within ten days after
receiving
his
the sheriff's
commission and before the first
Monday of January next after
his election
being elected,
give
a bond, signed by a bonding or surety company authorized to do
business in this state and to be approved by the board of county
commissioners, or, at the option of such sheriff, signed by
two or more freeholders having real estate in the value of double
the amount of the bond, over and above all encumbrances to
the state, and
in
a sum not less than five thousand nor more than
fifty thousand dollars, which sum shall be fixed by the board,
and such .
The
bond
shall be conditioned for the faithful performance
of the duties of
his
the
office of
sheriff.
The expense
or premium for such bond shall be paid by the board and charged
to the general fund of the county. Such bonds, with the approval
of the board and the oath of office required by sections
3.22 and 3.23 of the Revised Code, and Section 7 of Article
XV, Ohio Constitution, indorsed thereon, shall be filed with
the county auditor and kept in
his
the auditor's
office.
The
board may require the sheriff, at any time during
his
the
sheriff's
term of office, to give additional sureties on
his
the
sheriff's
bond, or to give a new bond,
except as otherwise provided
in section 3.061 of the Revised Code.
No judge or clerk of any court or attorney at law shall be received as surety on such bond.
If
the sheriff fails to give a bond within the time required,
or fails to give additional sureties on such bond or a new
bond within ten days after
he has received
receiving
written notice
that the board so requires, the board shall declare the office
of such sheriff vacant.
Sec.
313.03.
The
Except
as otherwise provided in section 3.061
of the Revised Code, the
coroner
shall give a bond, signed by
a bonding or surety company authorized to do business in this state
and to be approved by the board of county commissioners, or,
at the option of such coroner, signed by two or more freeholders
having real estate in the value of double the amount of
the bond, over and above all encumbrances to the state, in a sum
not less than five thousand nor more than fifty thousand dollars,
fixed by the board,
and such .
The
bond
shall be conditioned
for the faithful performance of the duties of
his
the
office of
coroner.
The expense or premium for such bond shall
be paid by the board and charged to the general fund of the
county. Such bonds, with the approval of the board and the oath
of office required by sections 3.22 and 3.23 of the Revised Code,
indorsed thereon, shall be filed with the county auditor and
kept in
his
the county auditor's
office.
The
board may require the coroner, at any time during
his term
of office
employment as coroner,
to give additional sureties
on
his
the coroner's
bond, or to give a new bond,
except
as otherwise provided in section 3.061 of the Revised Code.
No judge or clerk or any court or attorney at law shall be received as surety on such bond.
If
the coroner fails to give a bond within the time required,
or fails to give additional sureties on such bond or a new
bond within ten days after
he has received
receiving
written notice
that the board so requires, the board shall declare the office
of such coroner vacant.
Sec.
315.03.
The
Except
as provided in section 3.061 of the
Revised Code, the
county
engineer, before entering upon the duties
of
his
the
office of
county engineer,
shall give bond, signed
by a bonding or surety company authorized to do business in
this state, or, at
his
the engineer's
option, signed by two or
more freeholders having real estate in the value of double the
amount of the bond, over and above all encumbrances to the state,
in the sum of not less than two thousand nor more than ten
thousand dollars as fixed by the board of county commissioners.
Such surety company shall be approved by the board
and the bond shall be conditioned for the faithful performance
of such engineer's official duties.
The
expense or premium for such bond shall be paid by the board
and charged to the general fund of the county. Such bond, with
the oath of office required by sections 3.22 and 3.23 of the
Revised Code and Section 7 of Article XV, Ohio Constitution, and
the approval of the board indorsed thereon, shall be deposited
with the county treasurer and kept in
his
the treasurer's
office.
Sec.
317.02.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before
entering
upon the duties
of office, the county recorder shall give a bond, conditioned
for the faithful discharge of the duties, signed by a
bonding or surety company authorized to do business in this state,
or, at the recorder's option, by two or more freeholders having
real estate in the value of double the amount of the bond over
and above all encumbrances to the state in the sum of not less
than ten thousand dollars, the surety company and the amount
of the bond to be approved by the board of county commissioners.
The expense or premium for the bond shall be paid by
the board and charged to the general fund of the county. The bond,
with the oath of office required by sections 3.22 and 3.23 of
the Revised Code, and by Section 7 of Article XV, Ohio Constitution,
and the approval of the board indorsed thereon, shall
be deposited with the county treasurer.
Sec.
319.02.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before
entering
upon the discharge
of the duties of
his
office, the county auditor shall give
a bond signed by a bonding or surety company authorized to do
business in this state and to be approved by the board of county
commissioners, or, at
his
the auditor's
option, by two or more
freeholders having real estate in the value of double the amount
of the bond over and above all encumbrances to the state, in
a sum of not less than five thousand nor more than twenty thousand
dollars, as the board requires, conditioned for the faithful
discharge of the duties of
his
office. The expense or premium
for such bond shall be paid by the board and charged to the
general fund of the county. Such bond, with the oath of office
required by sections 3.22 and 3.23 of the General Code, and
Section 7 of Article XV, Ohio Constitution, and the approval of
the board indorsed upon it shall be deposited by such board with
the county treasurer, who shall record and carefully preserve
it.
If
an auditor-elect fails to give bond and take the oath of
office, as required by this section, on or before the day on which
he
the auditor
is required to take
possession of his
office,
such office shall become vacant.
Sec.
321.02.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before
entering
upon the duties
of
his
office, the county treasurer shall give bond to the
state in such sum as the board of county commissioners directs,
with a company authorized to conduct a surety business in
this state as surety, to be approved by the board and conditioned
for the payment of all moneys which come into
his
the
treasurer's
hands for state, county, township, or other purposes.
The expense or premium for such bond shall be paid by the
board and charged to the general fund of the county. Such bond,
with the oath of office required by Section 7 of Article XV,
Ohio Constitution, and sections 3.22 and 3.23 of the Revised Code
and the approval of the board indorsed on it, shall be deposited
with the county auditor and
by him
carefully preserved in
his
the auditor's
office. Such bond shall be entered in full on
the record of the proceedings of the board on the day when accepted
and approved by it.
WhenExcept
as otherwise provided in section 3.061 of the Revised
Code, when,
in the opinion of a majority of the members of
the board, the surety has become insufficient, such board may require
the treasurer to give additional sureties on
his
the treasurer's
previously accepted bond. When
Except
as otherwise provided
in section 3.061 of the Revised Code, when
in
its opinion
more money has passed or is about to pass into the hands of
the treasurer than is or would be covered by
his
the treasurer's
bond, the board may demand and receive from such treasurer
an additional bond, payable and conditioned as required
for the original bond, with such sureties and in such sum
as it directs. If a treasurer fails or refuses to give such
additional
sureties or bond for ten days from the day on which the
board so requires,
his
the treasurer's
office shall be vacant
and another treasurer appointed as in other cases of vacancy.
If
a person elected to the office of treasurer fails to give
bond as provided in this section, on or before the day of the
commencement of
his
the treasurer's
official term, the office
shall become vacant.
Sec. 325.071. There shall be allowed annually to the sheriff, in addition to all salary and allowances otherwise provided by law, an amount equal to one-half of the official salary allowed under division (A) of section 325.06 and section 325.18 of the Revised Code, to provide for expenses that the sheriff incurs in the performance of the sheriff's official duties and in the furtherance of justice. Upon the order of the sheriff, the county auditor shall draw the auditor's warrant on the county treasurer, payable to the sheriff or any other person as the order designates, for the amount the order requires. The amounts the order requires, not exceeding the amount provided by this section, shall be paid out of the general fund of the county.
Nothing shall be paid under this section until the sheriff, except as otherwise provided in section 3.061 of the Revised Code, gives bond to the state in an amount not less than the sheriff's official salary, to be fixed by the court of common pleas or the probate court, with sureties to be approved by either of those courts. The bond shall be conditioned that the sheriff will faithfully discharge all the duties enjoined upon the sheriff, and pay over all moneys the sheriff receives in an official capacity. The bond, with the approval of the court of common pleas or the probate court of the amount of the bond and the sureties on the bond, shall be deposited with the county treasurer.
The sheriff annually, before the first Monday of January, shall file with the county auditor an itemized statement, verified by the sheriff, as to the manner in which the fund provided by this section has been expended during the current year, and, if any part of that fund remains in the sheriff's hands unexpended, forthwith shall pay the remainder into the county treasury.
Sec. 325.12. (A) Except for the prosecuting attorney of a county with a population of less than seventy thousand one, there shall be allowed annually to the prosecuting attorney, in addition to the prosecuting attorney's salary provided by sections 325.11 and 325.18 of the Revised Code and to the allowance provided for by section 309.06 of the Revised Code, an amount equal to one-half of the official salary the prosecuting attorney receives, to provide for expenses the prosecuting attorney may incur in the performance of the prosecuting attorney's official duties and in the furtherance of justice.
(B) There shall be allowed annually to the prosecuting attorney of a county with a population of less than seventy thousand one, in addition to the prosecuting attorney's salary provided by sections 325.11 and 325.18 of the Revised Code and to the allowance provided for by section 309.06 of the Revised Code, an amount equal to one-half of the salary specified for a prosecuting attorney with a private practice under sections 325.11 and 325.18 of the Revised Code, to provide for expenses the prosecuting attorney may incur in the performance of the prosecuting attorney's official duties and in the furtherance of justice.
(C) Upon the order of the prosecuting attorney, the county auditor shall draw the county auditor's warrant on the county treasurer, payable to the prosecuting attorney or any other person as the order designates, for the amount the order requires, not exceeding the amount provided by division (A) or (B) of this section to be paid out of the general fund of the county.
(D) Nothing shall be paid under this section until the prosecuting attorney, except as otherwise provided in section 3.061 of the Revised Code, has given bond to the state in a sum, not less than the prosecuting attorney's official salary, to be fixed by the court of common pleas or the probate court, with sureties to be approved by either of those courts. The bond shall be conditioned that the prosecuting attorney will faithfully discharge all the duties enjoined upon the prosecuting attorney, and pay over all moneys received by the prosecuting attorney in the prosecuting attorney's official capacity. The bond, with the approval of the court of common pleas or the probate court of the amount of the bond and the sureties on the bond, and the prosecuting attorney's oath of office enclosed with the bond, shall be deposited with the county treasurer.
(E) The prosecuting attorney shall, annually, before the first Monday of January, file with the auditor an itemized statement, verified by the prosecuting attorney, as to the manner in which the fund provided by this section has been expended during the current year, and, if any part of that fund remains in the prosecuting attorney's hands unexpended, forthwith shall pay the remainder into the county treasury.
Sec.
329.01.
In each county, except as provided in section 329.40
of the Revised Code, there shall be a county department of
job and family services which, when so established, shall be governed
by this chapter. The department shall consist of a county
director of job and family services appointed by the board
of county commissioners, and such assistants and other employees
as are necessary for the efficient performance of the functions
of the county department. Before
Except
as otherwise provided
in section 3.061 of the Revised Code, before
entering
upon
the discharge of the director's official duties, the director
shall give a bond, conditioned for the faithful performance
of those official duties, in such sum as fixed by the
board. The director may require any assistant or employee under
the director's jurisdiction to give a bond in such sum as determined
by the board. All bonds given under this section shall
be with a surety or bonding company authorized to do business
in this state, conditioned for the faithful performance of
the duties of such director, assistant, or employee. The expense
or premium for any bond required by this section shall be
paid from the appropriation for administrative expenses of the
department. Such bond shall be deposited with the county treasurer
and kept in the treasurer's office.
As used in the Revised Code:
(A) "County department of job and family services" means the county department of job and family services established under this section, including an entity designated a county department of job and family services under section 307.981 of the Revised Code, or a joint county department of job and family services established under section 329.40 of the Revised Code.
(B) "County director of job and family services" means the county director of job and family services appointed under this section or under section 329.41 of the Revised Code.
Sec.
505.02.
Each
Except
as otherwise provided in section 3.061
of the Revised Code, each
township
trustee, before entering
upon the discharge of
his duty
official duties,
shall give
bond to the state for the use of the township, in the sum of
one thousand dollars, conditioned for the faithful performance
of
his duty
official duties
as a
trustee, and
with
at
least two sureties, each of whom shall be a resident of the same
township with the trustee or a corporate surety authorized to
do business in this state. Such bond shall be approved by a judge
of the county court or judge of a municipal court having jurisdiction
in the township.
Sec.
505.03.
Whenever
Except
as otherwise provided in section
3.061 of the Revised Code, whenever
the
judge deems it necessary,
and on application of at least twelve freeholders of the
township, the judge of the county or municipal court having
jurisdiction
in the township who approves the bond under
section 505.02
of the Revised Code, may
require additional security or the
execution of a new bond. If a trustee fails, for ten days, to
give additional security or execute a new bond after service of
the notice in writing, the office shall be declared vacant and
filled as required by section 503.24 of the Revised Code. The
original bond or new bond shall be deposited with the township
fiscal officer and recorded by the fiscal officer.
Sec.
507.02.
When a township fiscal officer is unable to carry
out the duties of office because of illness, because of entering
the military service of the United States, because of a court
ordered suspension as provided for under section 507.13 of the
Revised Code, or because the fiscal officer is otherwise
incapacitated
or disqualified, the board of township trustees shall
appoint a deputy fiscal officer, who shall have full power to
discharge the duties of the office. The deputy fiscal officer shall
serve during the period of time the fiscal officer is absent
or incapacitated, or until a successor fiscal officer is elected
and qualified. Before
Except
as otherwise provided in section
3.061 of the Revised Code, before
entering
on the discharge
of official duties, the deputy fiscal officer shall give
bond, for the faithful discharge of official duties, as required
under section 507.03 of the Revised Code. The board shall,
by resolution, adjust and determine the compensation of the
fiscal officer and deputy fiscal officer. The total compensation
of both the fiscal officer and any deputy fiscal officer
shall not exceed the sums fixed by section 507.09 of the Revised
Code in any one year.
Sec. 507.021. (A) The township fiscal officer may hire and appoint one or more persons as the fiscal officer finds necessary to provide assistance to the township fiscal officer or deputy fiscal officer. The township fiscal officer may set the compensation of those persons subject to the prior approval of the board of township trustees. Those persons shall serve at the pleasure of the township fiscal officer or, in the absence of the township fiscal officer, the deputy fiscal officer. The township fiscal officer may delegate to an assistant any of the duties the fiscal officer is otherwise required to perform. The appointment of assistants under this section does not relieve the township fiscal officer of responsibility to discharge the duties of the office but shall serve to provide assistance to the fiscal officer in performing those duties.
(B) The compensation of an assistant appointed under this section shall be included in the estimate of contemplated expenditures for the township fiscal officer's office that is submitted to the board of township trustees for approval as provided in section 5705.28 of the Revised Code.
(C)
Before
Except
as otherwise provided in section 3.061 of
the Revised Code, before
serving,
an assistant to the township
fiscal officer shall give bond for the faithful discharge
of the duties of the office as may be delegated by the fiscal
officer. The bond shall be payable to the board of township
trustees and shall be for the same sum as required under
section 507.03 of the Revised Code for the township fiscal officer,
with sureties approved by the board, and conditioned for
the faithful performance of duties delegated by the fiscal officer.
The bond shall be recorded by the township fiscal officer,
filed with the county treasurer, and carefully preserved.
Sec.
507.03.
The
Except
as otherwise provided in section 3.061
of the Revised Code, the
township
fiscal officer, before entering
upon the discharge of official duties, shall give a bond,
payable to the board of township trustees, with sureties approved
by the board, in the sum determined by the board but not
less than the sum provided in this section, and conditioned for
the faithful performance of the duties of the office of township
fiscal officer. This bond shall be recorded by the township
fiscal officer, filed with the county treasurer, and carefully
preserved.
The minimum sum of the township fiscal officer's bond shall be as follows:
(A) In a township with a budget of fifty thousand dollars or less, ten thousand dollars;
(B) In a township with a budget of more than fifty thousand dollars but not more than one hundred thousand dollars, thirty-five thousand dollars;
(C) In a township with a budget of more than one hundred thousand dollars but not more than two hundred fifty thousand dollars, sixty thousand dollars;
(D) In a township with a budget of more than two hundred fifty thousand dollars but not more than five hundred thousand dollars, eighty-five thousand dollars;
(E) In a township with a budget of more than five hundred thousand dollars but not more than seven hundred fifty thousand dollars, one hundred ten thousand dollars;
(F) In a township with a budget of more than seven hundred fifty thousand dollars but not more than one million five hundred thousand dollars, one hundred thirty-five thousand dollars;
(G) In a township with a budget of more than one million five hundred thousand dollars but not more than three million five hundred thousand dollars, one hundred sixty thousand dollars;
(H) In a township with a budget of more than three million five hundred thousand dollars but not more than six million dollars, one hundred ninety-five thousand dollars;
(I) In a township with a budget of more than six million dollars but not more than ten million dollars, two hundred twenty thousand dollars;
(J) In a township with a budget of more than ten million dollars, two hundred fifty thousand dollars.
Sec.
509.02.
Each
Except
as otherwise provided in section 3.061
of the Revised Code, each
constable,
before entering upon the
discharge of official duties, shall give bond to the state in
a sum of not less than five hundred nor more than two thousand
dollars, conditioned for the faithful and diligent discharge
of official duties, and with sureties resident of the township.
The amount of the bond and its sureties shall be approved
by the board of township trustees. The bond shall be deposited
with the township fiscal officer.
Sec.
519.161.
The
Except
as otherwise provided in section 3.061
of the Revised Code, the
township
zoning inspector, before entering
upon the duties of office, shall give bond, signed by a bonding
or surety company authorized to do business in this state
or, at the inspector's option, signed by two or more freeholders
having real estate in the value of double the amount of
the bond, over and above all encumbrances to the state, in the
sum of not less than one thousand or more than five thousand dollars
as fixed by the board of township trustees. The surety company
or real estate bond shall be approved by the board of township
trustees, and the bond shall be conditioned upon the faithful
performance of the zoning inspector's official duties. The
bond shall be deposited with the township fiscal officer.
Sec.
705.27.
The
Except
as otherwise provided in the municipal charter or in section 3.061 of
the Revised Code, the treasurer,
auditor, and such other officers or employees of the municipal
corporation as the legislative authority directs, shall give a bond
to the municipal corporation for the faithful performance of their
duties, in such sum as the legislative authority fixes by ordinance
or resolution. Premiums on official bonds may be paid by the
municipal corporation.
Sec.
705.60.
The city manager shall receive such salary as is fixed by the council
of the municipal corporation. Such part of the salary of the city
manager as the council deems proper shall be paid from the income of
any publicly owned utility operated by such municipal corporation, or
from any public cemetery. The part of the salary of the city manager
so paid shall be fixed by the council with reference to the
proportion of
his
the city manager's
time devoted to such utility. Before entering upon the duties of
his
office, the city manager shall take the oath required by section
705.28 of the Revised Code
and .
Except as otherwise provided in the municipal charter or in section
3.061 of the Revised Code, the city manager shall
execute a bond in favor of the municipal corporation for the faithful
performance of
his
official
duties, in such sum as is fixed by the council. The city manager
shall be furnished with the corporate seal of the municipal
corporation, in the center of which shall be engraved the coat of
arms of the state, as described
in section 5.04 of the Revised Code, and around the edge
of which shall be the words, "Manager of the city of .........,"
or "Manager of the village of .........., state of Ohio."
Sec.
733.65.
The sealer of weights and measures, before entering upon
his
official
duties, shall take the oath of office required by section 733.68 of
the Revised Code,
and.
Except as otherwise provided in the municipal charter or in section
3.061 of the Revised Code, the sealer shall
give bond to the municipal corporation in such amount as is
prescribed by ordinance, with security to the approval of the mayor,
and conditioned for the faithful performance of
his
official
duties. The sealer may appoint inspectors to assist
him
the sealer
in
his
the sealer's
duties if authorized by the legislative authority.
Sec.
733.69.
Each
Except
as otherwise provided in the municipal charter or in section 3.061 of
the Revised Code,
each officer
of a municipal corporation required by law or ordinance to give bond
shall do so before entering upon the duties of the office,
except as otherwise provided in Title VII of the Revised Code.
The
Except
as otherwise provided in the municipal charter or in section 3.061 of
the Revised Code, the legislative
authority thereof may at any time require each officer to give a new
or additional bond. Each bond except that of the municipal auditor or
municipal clerk, upon its approval, shall be delivered to the auditor
or clerk, who shall immediately record it in a record provided for
that purpose and file and carefully preserve it in
his
the auditor's or clerk's
office. The bond of the auditor or clerk shall be delivered to the
municipal treasurer, who shall in like manner record and preserve it.
Sec.
735.03.
Whenever the legislative authority of any city,
by ordinance, declares it essential to the best interests of
such city, the duties relating to the management and operation
of municipally owned public utilities conferred upon the
director of public service by sections 735.02 and 743.03 of the
Revised Code shall be vested in a board composed of three members.
The mayor, with the consent of the legislative authority,
shall appoint one member for a term of two years, one for
a term of four years, and one for a term of six years. At the
expiration of each term of office an appointment shall be made
for a term of six years. In case of vacancy by death, resignation,
or removal from the city of a member of such board, the
mayor, with the consent of the legislative authority, shall
immediately
appoint a successor to fill the vacancy for the unexpired
term. The legislative authority shall designate the compensation
to be paid to said members, their duties, authority,
and powers,
and.
Except as otherwise provided in section
3.061 of the Revised Code, the legislative authority shall
determine
whether such members shall be required to give bond,
and, if so, in what amount. The cost of any required bond shall
be borne by the city.
Sec. 739.02. In each municipal corporation there shall be a board, designated as the "trustees of the sinking fund," which shall have the management and control of the sinking fund established under section 739.01 of the Revised Code.
In cities, such board shall consist of four citizens of such city, who shall be electors thereof, well known for their intelligence and integrity, to be appointed by the mayor for one, two, three, and four years respectively, and their successors shall be appointed for four years from the expiration of their respective terms. Such appointments shall be so distributed that not more than two members of the board belong the same political party. Any vacancy by death, resignation, removal from the city, or otherwise of any member shall be filled by appointment by the mayor for the unexpired portion of each term.
In
villages, the mayor, clerk, and
chairman
chairperson
of the
finance committee of the legislative authority shall be the members
of such board.
Such
members shall serve without compensation
and .
Except as otherwise provided in the municipal charter or in section
3.061 of the Revised Code, such members shall
give such bond as the legislative authority requires. A surety
company authorized to sign such bonds shall be sufficient security,
and the costs thereof, together with all other incidental and
necessary expenses of such board, shall be paid by it from funds
under its control.
Sec. 747.01. 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,
and.
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
he
the accused commissioner
shall be given
a hearing by the mayor and have the opportunity to confront
the witness against
him
the accused commissioner
and to present
his
a
defense in person or by counsel. If the mayor's decision
upon such charges is in favor of removal,
he
the mayor
shall
certify the proceedings and
his
the mayor's
findings to the
legislative authority for approval or disapproval, and the action
of the legislative authority thereon shall be final.
Sec. 749.22. The board of hospital trustees provided by section 749.21 of the Revised Code shall consist of eight resident electors of the municipal corporation, who shall be appointed by the board of trustees of the sinking fund, or, in the event that the board of trustees of a sinking fund ceases to function within such municipal corporation by operation of law, they shall be appointed by the legislative authority of the municipal corporation. Each member of such board shall serve without compensation for the term of four years. When the terms of members presently holding office expire, of those first appointed thereafter, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. The remaining appointments shall be one for one year, one for two years, one for three years, and one for four years, and thereafter their successors shall be appointed two each year to serve for the term of four years, but not more than four shall be of the same political party. Vacancy in the board by death, resignation, or otherwise shall be filled in like manner for the remainder of the term.
The members of the board of hospital trustees, before entering upon the discharge of their duties, shall take the oath of office prescribed by section 733.68 of the Revised Code, and, except as otherwise provided in the municipal charter or in section 3.061 of the Revised Code, shall give bond in the sum of twenty-five hundred dollars, conditioned according to section 733.71 of the Revised Code and to the approval of the mayor and the legislative authority of the municipal corporation.
Sec. 755.23. The members of the board of park trustees shall serve without compensation. Before entering upon the discharge of their duties, they shall each take the oath of office prescribed by section 733.68 of the Revised Code, and, except as otherwise provided in the municipal charter or in section 3.061 of the Revised Code, shall give bond in the sum of twenty-five hundred dollars, conditioned according to section 733.71 of the Revised Code, and to the approval of the mayor and legislative authority of the municipal corporation.
Sec. 955.12. Except as provided in section 955.121 of Revised Code, a board of county commissioners shall appoint or employ a county dog warden and deputies in such number, for such periods of time, and at such compensation as the board considers necessary to enforce sections 955.01 to 955.27 and 955.50 to 955.53 of the Revised Code.
The
Except
as otherwise provided in section 3.061 of the Revised
Code, the
warden
and deputies shall give bond in a sum not
less than five hundred dollars and not more than two thousand
dollars, as set by the board, conditioned for the faithful
performance of their duties. The bond or bonds may, in the
discretion of the board, be individual or blanket bonds. The bonds
shall be filed with the county auditor of their respective counties.
The warden and deputies shall make a record of all dogs owned, kept, and harbored in their respective counties. They shall patrol their respective counties and seize and impound on sight all dogs found running at large and all dogs more than three months of age found not wearing a valid registration tag, except any dog that wears a valid registration tag and is: on the premises of its owner, keeper, or harborer, under the reasonable control of its owner or some other person, hunting with its owner or its handler at a field trial, kept constantly confined in a dog kennel registered under this chapter or one licensed under Chapter 956. of the Revised Code, or acquired by, and confined on the premises of, an institution or organization of the type described in section 955.16 of the Revised Code. A dog that wears a valid registration tag may be seized on the premises of its owner, keeper, or harborer and impounded only in the event of a natural disaster.
If a dog warden has reason to believe that a dog is being treated inhumanely on the premises of its owner, keeper, or harborer, the warden shall apply to the court of common pleas for the county in which the premises are located for an order to enter the premises, and if necessary, seize the dog. If the court finds probable cause to believe that the dog is being treated inhumanely, it shall issue such an order.
The warden and deputies shall also make weekly reports, in writing, to the board in their respective counties of all dogs seized, impounded, redeemed, and destroyed.
The wardens and deputies shall have the same police powers as are conferred upon sheriffs and police officers in the performance of their duties as prescribed by sections 955.01 to 955.27 and 955.50 to 955.53 of the Revised Code. They shall also have power to summon the assistance of bystanders in performing their duties and may serve writs and other legal processes issued by any court in their respective counties with reference to enforcing those sections. County auditors may deputize the wardens or deputies to issue dog licenses as provided in sections 955.01 and 955.14 of the Revised Code.
Whenever any person files an affidavit in a court of competent jurisdiction that there is a dog running at large that is not kept constantly confined either in a dog kennel registered under this chapter or one licensed under Chapter 956. of the Revised Code or on the premises of an institution or organization of the type described in section 955.16 of the Revised Code or that a dog is kept or harbored in the warden's jurisdiction without being registered as required by law, the court shall immediately order the warden to seize and impound the dog. Thereupon the warden shall immediately seize and impound the dog complained of. The warden shall give immediate notice by certified mail to the owner, keeper, or harborer of the dog seized and impounded by the warden, if the owner, keeper, or harborer can be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, that the dog has been impounded and that, unless the dog is redeemed within fourteen days of the date of the notice, it may thereafter be sold or destroyed according to law. If the owner, keeper, or harborer cannot be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, the officer shall post a notice in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that, unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law.
Sec. 1901.32. (A) The bailiffs and deputy bailiffs of a municipal court shall be provided for, and their duties are, as follows:
(1) Except for the Hamilton county municipal court, the court shall appoint a bailiff who shall receive the annual compensation that the court prescribes payable in either biweekly installments or semimonthly installments, as determined by the payroll administrator, from the same sources and in the same manner as provided in section 1901.11 of the Revised Code. The court may provide that the chief of police of the municipal corporation or a member of the police force be appointed by the court to be the bailiff of the court. Before entering upon the duties of office, the bailiff shall take an oath to faithfully perform the duties of the office and, except as otherwise provided in section 3.061 of the Revised Code, shall give a bond of not less than three thousand dollars, as the legislative authority prescribes, conditioned for the faithful performance of the duties of chief bailiff.
(2)
Except for the Hamilton county municipal court, deputy bailiffs
may be appointed by the court. Deputy bailiffs shall receive
the compensation payable in semimonthly installments out of
the city treasury that the court prescribes, except that the
compensation
of deputy bailiffs in a county-operated municipal court
shall be paid out of the treasury of the county in which the
court is located. Each
Except
as otherwise provided in section
3.061 of the Revised Code, each
deputy
bailiff shall give
a bond in an amount not less than one thousand dollars, and,
when so qualified, may perform the duties pertaining to the office
of chief bailiff of the court.
(3) The bailiff and all deputy bailiffs of the Hamilton county municipal court shall be appointed by the clerk and shall receive the compensation payable in semimonthly installments out of the treasury of Hamilton county that the clerk prescribes. Each judge of the Hamilton county municipal court may appoint a courtroom bailiff, each of whom shall receive the compensation payable in semimonthly installments out of the treasury of Hamilton county that the court prescribes.
(4) The legislative authority may purchase motor vehicles for the use of the bailiffs and deputy bailiffs as the court determines they need to perform the duties of their office. All expenses, maintenance, and upkeep of the vehicles shall be paid by the legislative authority upon approval by the court. Any allowances, costs, and expenses for the operation of private motor vehicles by bailiffs and deputy bailiffs for official duties, including the cost of oil, gasoline, and maintenance, shall be prescribed by the court and, subject to the approval of the legislative authority, shall be paid from the city treasury, except that the allowances, costs, and expenses for the bailiffs and deputy bailiffs of a county-operated municipal court shall be paid from the treasury of the county in which the court is located.
(5) Every police officer of any municipal corporation and police constable of a township within the territory of the court is ex officio a deputy bailiff of the court in and for the municipal corporation or township in which commissioned as a police officer or police constable, and shall perform any duties in respect to cases within the officer's or constable's jurisdiction that are required by a judge of the court, or by the clerk or a bailiff or deputy bailiff of the court, without additional compensation.
(6) In addition to the persons who are ex officio deputy bailiffs under division (A)(5) of this section, every deputy sheriff of a county is ex officio a deputy bailiff of a municipal court within the county and shall perform without additional compensation any duties in respect to cases within the court's jurisdiction that are required by a judge of the court, by the clerk of the court, or by a bailiff or deputy bailiff of the court.
(7) The bailiff and deputy bailiffs shall perform for the court services similar to those performed by the sheriff for the court of common pleas and shall perform any other duties that are requested by rule of court.
The bailiff or deputy bailiff may administer oaths to witnesses and jurors and receive verdicts in the same manner and form and to the same extent as the clerk or deputy clerks of the court. The bailiff may approve all undertakings and bonds given in actions of replevin and all redelivery bonds in attachments.
(B) In the Cleveland municipal court, the chief clerks and all deputy clerks are in the classified civil service of the city of Cleveland. The clerk, the chief deputy clerks, the probation officers, one private secretary, one personal stenographer to the clerk, and one personal bailiff to each judge are in the unclassified civil service of the city of Cleveland. Upon demand of the clerk, the civil service commission of the city of Cleveland shall certify a list of those eligible for the position of deputy clerk. From the list, the clerk shall designate chief clerks and the number of deputy clerks that the legislative authority determines are necessary.
Except as otherwise provided in this division, the bailiff, chief deputy bailiffs, and all deputy bailiffs of the Cleveland municipal court appointed after January 1, 1968, and the chief housing specialist, housing specialists, and housing division referees of the housing division of the Cleveland municipal court appointed under section 1901.331 of the Revised Code are in the unclassified civil service of the city of Cleveland. All deputy bailiffs of the housing division of the Cleveland municipal court appointed pursuant to that section are in the classified civil service of the city of Cleveland. Upon the demand of the judge of the housing division of the Cleveland municipal court, the civil service commission of the city of Cleveland shall certify a list of those eligible for the position of deputy bailiff of the housing division. From the list, the judge of the housing division shall designate the number of deputy bailiffs that the judge determines are necessary.
The chief deputy clerks, the chief clerks, and all other deputy clerks of the Cleveland municipal court shall receive the compensation that the clerk prescribes. Except as provided in division (A)(4)(a) of section 1901.331 of the Revised Code with respect to officers and employees of the housing division of the Cleveland municipal court, the bailiff, all deputy bailiffs, and assignment room personnel of the Cleveland municipal court shall receive the compensation that the court prescribes.
Any appointee under sections 1901.01 to 1901.37 of the Revised Code may be dismissed or discharged by the same power that appointed the appointee. In the case of the removal of any civil service appointee under those sections, an appeal may be taken from the decision of the civil service commission to the court of common pleas of Cuyahoga county to determine the sufficiency of the cause of removal. The appeal shall be taken within ten days of the finding of the commission.
In the Cleveland municipal court, the presiding judge may appoint on a full-time, per diem, or contractual basis any official court reporters for the civil branch of the court that the business of the court requires. The compensation of official court reporters shall be determined by the presiding judge of the court. The compensation shall be payable from the city treasury and from the treasury of Cuyahoga county in the same proportion as designated in section 1901.11 of the Revised Code for the payment of compensation of municipal judges. In every trial in which the services of a court reporter so appointed are requested by the judge, any party, or the attorney for any party, there shall be taxed for each day's services of the court reporter a fee in the same amount as may be taxed for similar services in the court of common pleas under section 2301.21 of the Revised Code, to be collected as other costs in the case. The fees so collected shall be paid quarterly by the clerk into the city treasury and the treasury of Cuyahoga county in the same proportion as the compensation for the court reporters is paid from the city and county treasuries and shall be credited to the general funds of the city and county treasuries.
(C) In the Hamilton county municipal court, all employees, including the bailiff, deputy bailiff, and courtroom bailiffs, are in the unclassified civil service.
Sec.
1907.20.
(A) The clerk of courts shall be the clerk of
the county court, except that the board of county commissioners,
with the concurrence of the county court judges, may
appoint a clerk for each county court judge, who shall serve at
the pleasure of the board and shall receive compensation as set
by the board, payable in semimonthly installments from the treasury
of the county. An
Except
as otherwise provided in section
3.061 of the Revised Code, an
appointed
clerk, before entering
upon the duties of the office, shall give bond of not less
than five thousand dollars, as determined by the board of county
commissioners, conditioned upon the faithful performance of
the clerk's duties.
The clerks of courts of common pleas, when acting as the clerks of county courts, and upon assuming their county court duties, shall receive compensation at one-fourth the rate prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code. This compensation shall be paid from the county treasury in semimonthly installments and is in addition to the annual compensation received for the performance of the duties of the clerk of a court of common pleas as provided in sections 325.08 and 325.18 of the Revised Code.
(B) The clerk of a county court shall have general powers to administer oaths, take affidavits, and issue executions upon any judgment rendered in the county court, including a judgment for unpaid costs, power to issue and sign all writs, process, subpoenas, and papers issuing out of the court, and to attach the seal of the court to them, and power to approve all bonds, sureties, recognizances, and undertakings fixed by any judge of the court or by law. The clerk shall file and safely keep all journals, records, books, and papers belonging or appertaining to the court, record its proceedings, perform all other duties that the judges of the court may prescribe, and keep a book showing all receipts and disbursements, which shall be open for public inspection at all times. The clerk may refuse to accept for filing any pleading or paper submitted for filing by a person who has been found to be a vexatious litigator under section 2323.52 of the Revised Code and who has failed to obtain leave to proceed under that section.
The clerk shall prepare and maintain a general index, a docket as prescribed by the court, which shall be furnished by the board of county commissioners, and such other records as the court, by rule, requires, all of which shall be the public records of the court. In the docket, the clerk shall enter at times of the commencement of an action, the names of the parties in full, the names of the counsel, and the nature of the proceedings. Under proper dates, the clerk shall note the filing of the complaint, issuing of summons or other process, returns, and pleadings subsequent thereto. The clerk also shall enter all reports, verdicts, orders, judgments, and proceedings of the court, clearly specifying the relief granted or orders made in each action. The court may order an extended record of any of the above to be made and entered, under the proper action heading, upon the docket at the request of any party to the case, the expense of which may be taxed as costs in the case or may be required to be prepaid by the party demanding the extended record, upon order of the court.
(C) The clerk of a county court shall receive and collect all costs, fees, fines, penalties, bail, and other moneys payable to the office or to any officer of the court and issue receipts therefor, and shall on or before the twentieth day of the month following the month in which they are collected disburse the costs, fees, fines, penalties, bail, and other moneys to the proper persons or officers and take receipts therefor. Subject to sections 307.515, 4511.19, 4511.193, and 5503.04 of the Revised Code and all other statutes that require a different distribution of fines, fines received for violations of municipal ordinances shall be paid into the treasury of the municipal corporation whose ordinance was violated, fines received for violations of township resolutions adopted pursuant to section 503.52 or 503.53 or Chapter 504. of the Revised Code shall be paid into the treasury of the township whose resolution was violated, and fines collected for the violation of state laws shall be paid into the county treasury. Moneys deposited as security for costs shall be retained pending the litigation.
The clerk shall keep a separate account of all receipts and disbursements in civil and criminal cases. The separate account shall be a permanent public record of the office. On the expiration of a clerk's term, those records shall be delivered to the clerk's successor.
The clerk shall have such other powers and duties as are prescribed by rule or order of the court.
(D) All moneys paid into a county court shall be noted on the record of the case in which they are paid and shall be deposited in a state or national bank selected by the clerk. On the first Monday in January of each year, the clerk shall make a list of the titles of all cases in the county court that were finally determined more than one year past in which there remains unclaimed in the possession of the clerk any funds, or any part of a deposit for security of costs not consumed by the costs in the case. The clerk shall give notice of the moneys to the parties entitled to them or to their attorneys of record. All the moneys remaining unclaimed on the first day of April of each year shall be paid by the clerk to the county treasurer. Any part of the moneys shall be paid by the county treasurer at any time to the person having the right to them, upon proper certification of the clerk.
(E)(1) In county court districts having appointed clerks, deputy clerks may be appointed by the board of county commissioners. Clerks and deputy clerks shall receive such compensation payable in semimonthly installments out of the county treasury as the board may prescribe. Each deputy clerk shall take an oath of office before entering upon the duties of the deputy clerk's office and, when so qualified, may perform the duties appertaining to the office of the clerk. The clerk may require any of the deputy clerks to give bond of not less than three thousand dollars, conditioned for the faithful performance of the deputy clerk's duties.
(2) A clerk of courts acting as clerk of the county court may appoint deputy clerks to perform the duties pertaining to the office of clerk of the county court. Each deputy clerk shall take an oath of office before entering upon the deputy clerk's duties, and the clerk of courts may require the deputy clerk to give bond of not less than three thousand dollars, conditioned for the faithful performance of the deputy clerk's duties.
(3) The clerk or a deputy clerk of a county court shall be in attendance at all sessions of the court, although not necessarily in the courtroom, and may administer oaths to witnesses and jurors and receive verdicts.
(F)(1)
In county court districts having appointed clerks, the
board of county commissioners may order the establishment of one
or more branch offices of the clerk and, with the concurrence
of the county judges, may appoint a special deputy clerk
to administer each branch office. Each special deputy clerk
shall take an oath of office before entering upon the duties
of the deputy clerk's office and, when so qualified, may perform
any one or more of the duties appertaining to the office of
clerk, as the board prescribes. Special deputy clerks shall receive
such compensation payable in semimonthly installments out
of the county treasury as the board may prescribe. The
Except
as otherwise provided in section 3.061 of the Revised Code,
the
board
may require any of the special deputy clerks to give
bond of not less than three thousand dollars, conditioned for
the faithful performance of the deputy clerk's duties.
The board of county commissioners may authorize the clerk of the county court to operate one or more branch offices, to divide the clerk's time between the offices, and to perform duties appertaining to the office of clerk in locations that the board prescribes.
(2) A clerk of courts acting as clerk of the county court may establish one or more branch offices for the clerk's duties as clerk of the county court and, with the concurrence of the county court judges, may appoint a special deputy clerk to administer each branch office. Each special deputy clerk shall take an oath of office before entering upon the deputy clerk's duties and, when so qualified, may perform any of the duties pertaining to the office of clerk, as the clerk of courts prescribes. The clerk of courts may require any of the special deputy clerks to give bond of not less than three thousand dollars, conditioned for the faithful performance of the deputy clerk's duties.
(G) The clerk of courts of the county shall fix the compensation of deputy clerks and special deputy clerks appointed by the clerk pursuant to this section. Those personnel shall be paid and be subject to the same requirements as other employees of the clerk under the provisions of section 325.17 of the Revised Code insofar as that section is applicable.
Sec.
2101.03.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before
entering
upon the discharge
of official duties, the probate judge shall give a bond
to the state in a sum not less than five thousand dollars. The
bond shall have sufficient surety, shall be approved by the board
of county commissioners or by the county auditor and county
recorder in the absence from the county of two of the members
of the board, and shall be conditioned that the judge will
faithfully pay over all moneys received by the judge in the judge's
official capacity, enter and record the orders, judgments,
and proceedings of the court, and faithfully and impartially
perform all the duties of the judge's office. The bond,
with the oath of office required by sections 3.22 and 3.23 of
the Revised Code indorsed on it, shall be deposited with the county
treasurer and kept in the treasurer's office. As the state
of business in the probate judge's office renders it necessary,
the board,
except as otherwise provided in section 3.061
of the Revised Code,
may require the probate judge to give additional
bond.
Sec. 2151.12. (A) Except as otherwise provided in this division, whenever a court of common pleas, division of domestic relations, exercises the powers and jurisdictions conferred in Chapters 2151. and 2152. of the Revised Code, the judge or judges of that division or, if applicable, the judge of that division who specifically is designated by section 2301.03 of the Revised Code as being responsible for administering sections 2151.13, 2151.16, 2151.17, 2151.18, and 2152.71 of the Revised Code shall be the clerk of the court for all records filed with the court pursuant to Chapter 2151. or 2152. of the Revised Code or pursuant to any other section of the Revised Code that requires documents to be filed with a juvenile judge or a juvenile court. If, in a division of domestic relations of a court of common pleas that exercises the powers and jurisdiction conferred in Chapters 2151. and 2152. of the Revised Code, the judge of the division, both judges in a two-judge division, or a majority of the judges in a division with three or more judges and the clerk of the court of common pleas agree in an agreement that is signed by the agreeing judge or judges and the clerk and entered into formally in the journal of the court, the clerk of courts of common pleas shall keep the records filed with the court pursuant to Chapter 2151. or 2152. of the Revised Code or pursuant to any other section of the Revised Code that requires documents to be filed with a juvenile judge or a juvenile court.
Whenever the juvenile judge, or a majority of the juvenile judges of a multi-judge juvenile division, of a court of common pleas, juvenile division, and the clerk of the court of common pleas agree in an agreement that is signed by the judge and the clerk and entered formally in the journal of the court, the clerks of courts of common pleas shall keep the records of those courts. In all other cases, the juvenile judge shall be the clerk of the judge's own court.
(B) In counties in which the juvenile judge is clerk of the judge's own court, except as otherwise provided in section 3.061 of the Revised Code, before entering upon the duties of office as the clerk, the judge shall execute and file with the county treasurer a bond in a sum to be determined by the board of county commissioners, with sufficient surety to be approved by the board, conditioned for the faithful performance of duties as clerk. The bond shall be given for the benefit of the county, the state, or any person who may suffer loss by reason of a default in any of the conditions of the bond.
Sec.
2153.10.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before
entering
upon the
official
duties
of his office,
the administrative juvenile judge,
as judge and clerk of the juvenile court, and each judge shall
execute and file with the county treasurer of Cuyahoga county
a bond in the sum of not less than five thousand dollars, to
be determined by the board of county commissioners of Cuyahoga
county, with sufficient surety, to be approved by said board,
conditioned for the faithful performance of such duties as
clerk. Said bond shall be given for the benefit of Cuyahoga county,
the state, and any person who may suffer loss by reason of
a default in any of the conditions of said bond.
Sec. 2301.12. The court of common pleas of a county may appoint:
(A)
A court interpreter, who shall take an oath of office, hold
his
the
position at the will and under the direction of the court,
interpret the testimony of witnesses, translate any writing
necessary to be translated in court, or in a cause therein,
and perform such other services as are required by the court.
The interpreter shall, without extra compensation, render such
services in the court of appeals and probate court as the judges
of those courts require.
He
The interpreter
shall receive for
his
this
service
a
compensation fixed by the appointing
court
appointing him,
not to exceed twelve hundred dollars in any
year, or such sum in each particular case as the court deems just.
If a stipulated salary, such compensation shall be payable monthly
from the county treasury, upon the warrant of the county auditor;
in other cases, at the conclusion of
his
the interpreter's
services, upon the certificate of the judge of the court
in which they were rendered.
(B)
A criminal bailiff, who shall be a deputy sheriff and hold
his
the
position at the will of such court.
He
The criminal bailiff
shall receive compensation to be fixed by such court at the
time of
his
appointment, not to exceed the amount allowed court
constables in the same court, which shall be paid monthly from
the county treasury upon the warrant of the auditor.
(C)
In counties where there are four or more judges of the court
of common pleas, the judges of such court in joint session shall,
instead of a criminal bailiff as provided in division (B),
appoint a chief court constable, who shall, in connection with
the court constables appointed by the several judges, have
supervision
over the jurors regularly drawn for service as jurors,
so that there may be at all times sufficient jurors in attendance
subject to the call of the several court constables when
the said jurors are required to fill the panel in any case upon
trial. Said chief court constable, who shall be a deputy sheriff,
shall perform all the duties and
give a bond required
to
be performed and
given by
a criminal bailiff, and perform such
other duties as the court directs. He
Except
as otherwise provided
in section 3.061 of the Revised Code, the chief court constable
shall give a bond required to be given by a criminal bailiff.
The chief court constable
shall
receive such compensation
as the judges of the court in joint session fix, not
to exceed the sum of fifteen hundred dollars per annum, which
shall be paid monthly from the county treasury, upon the warrant
of the auditor. Said chief court constable shall hold
his
the
position during the pleasure of the judges of the court and
shall be subject to and under their direction.
(D) In counties having a population in excess of three hundred thousand as ascertained by the federal census, one or more psychiatrists, psychologists, or other examiners or investigators, who shall take an oath of office, hold their positions at the will of such judges, and receive compensation to be fixed by the judges appointing them, not exceeding in the aggregate such amount as is appropriated therefor by the board of county commissioners, which compensation shall be in place of all fees. Such compensation so fixed shall be payable monthly from the county treasury upon the warrant of the auditor.
Such employees, whenever called upon by a judge of such court, in a criminal case, shall perform the duties which are prescribed by section 2947.06 of the Revised Code respectively for psychiatrists or psychologists appointed in the particular case, or for probation officers or departments.
(E)
In counties having a population in excess of three hundred
thousand as ascertained by the last preceding federal census,
an administrative assistant, who shall take an oath of office,
hold
his
the
position at the will of the appointing
judges
appointing him,
and under the direction and supervision of
the judges, assume such duties, other than judicial, as may be
delegated to
him
the administrative assistant
by the judges, and
receive compensation to be fixed by the judges appointing
him
the administrative assistant
sitting in joint session, payable
in equal monthly installments from the county treasury, upon
the warrant of the county auditor.
Sec.
2303.02.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before entering
upon the discharge
of
the
official
duties
of his office,
the clerk of the court
of common pleas shall give a bond signed by a bonding or surety
company authorized to do business in this state, or, at
his
the clerk's
option, by two or more freeholders having real estate
in the value of double the amount of the bond over and above
all encumbrances to the state in a sum not less than ten thousand
nor more than forty thousand dollars, to be fixed by the
board of county commissioners, and
the
surety company to be approved
by the board,
and .
The bond shall be conditioned
that such
clerk will enter and record all the orders, decrees, judgments,
and proceedings of the courts of which he
such
clerk is
the clerk, pay over all moneys received by
him
the clerk
in
his
an
official capacity, and faithfully and impartially discharge
the
official
duties of his
the
clerk's office.
The expense
or premium for such bond shall be paid by the board and charged
to the general fund of the county. Such bond, with the oath
of office and the approval of the board indorsed thereon, shall
be deposited with the county treasurer and kept in
his
the treasurer's
office.
Sec.
3313.23. If a treasurer of a board of
education is absent from any meeting of the board the members present
shall choose one of their number to serve in
his
the treasurer's
place pro
tempore.
If
a board of education determines the treasurer is incapacitated
in such a manner that
he
the treasurer
is unable to
perform the duties of the office of treasurer, the board may, by
a majority vote of the members of the board, appoint a person to
serve in
his
the treasurer's
place pro tempore. Each board of education
shall adopt a written policy establishing standards for
determining whether the treasurer is incapacitated, and shall
provide that during any period in which the treasurer is
incapacitated,
he
the treasurer
may be placed on sick leave or on
leave of absence and may be returned to active duty status from
sick leave or leave of absence. The treasurer may request a hearing
before the board on any action taken under this section,
and
he
shall have the same rights in any such hearing as are afforded
to a teacher in a board hearing under section 3319.16 of
the Revised Code. The treasurer pro tempore shall perform all of
the duties and functions of the treasurer, and shall serve until
the treasurer's incapacity is removed as determined by a majority
vote of the members of the board or until the expiration
of the treasurer's contract or term of office, whichever
is sooner. The treasurer pro tempore may be removed at any
time for cause by a two-thirds vote of the members of the board.
The board shall fix the compensation of the treasurer pro tempore
in accordance with section 3313.24 of the Revised Code, and,
except as otherwise provided in section 3.061 of the Revised
Code, shall
require the treasurer pro tempore to execute a
bond immediately after
his
appointment in accordance with section
3313.25 of the Revised Code. If a treasurer is a member of
the board,
he
the treasurer
shall not vote on any matter related
to
his
the treasurer's own
incapacitation.
Sec.
3313.25.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before
entering
upon the duties
of
his
office, the treasurer of each board of education shall
execute a bond, in an amount and with surety to be approved
by the board, payable to the state, conditioned for the faithful
performance of all the official duties required of
him
the
treasurer.
Such bond must be deposited with the president of the
board, and a copy thereof, certified by
him
the president,
shall
be filed with the county auditor.
Sec. 3314.011. (A) Every community school established under this chapter shall have a designated fiscal officer. Except as provided for in division (C) of this section, the fiscal officer shall be employed by or engaged under a contract with the governing authority of the community school.
(B)
The
Except
as otherwise provided in section 3.061 of the
Revised Code, the
auditor of state shall require
that the
fiscal
officer of any community school, before entering upon duties
as fiscal officer of the school, execute a bond in an amount
and with surety to be approved by the governing authority of
the school, payable to the state, conditioned for the faithful
performance of all the official duties required of the fiscal
officer. The bond shall be deposited with the governing authority
of the school, and a copy thereof, certified by the governing
authority, shall be filed with the county auditor.
(C) Prior to assuming the duties of fiscal officer, the fiscal officer designated under this section shall be licensed under section 3301.074 of the Revised Code. Any person serving as a fiscal officer of a community school on March 22, 2013, who is not licensed as a treasurer shall be permitted to serve as a fiscal officer for not more than one year following March 22, 2013. Beginning on that date and thereafter, no community school shall permit any individual to serve as a fiscal officer without a license as required by this section.
(D)(1) The governing authority of a community school may adopt a resolution waiving the requirement that the governing authority is the party responsible to employ or contract with the designated fiscal officer, as prescribed by division (A) of this section, so long as the school's sponsor also approves the resolution. The resolution shall be valid for one year. A new resolution shall be adopted for each year that the governing authority wishes to waive this requirement, so long as the school's sponsor also approves the resolution.
No resolution adopted pursuant to this division may waive the requirement for a community school to have a designated fiscal officer.
(2) If the governing authority adopts a resolution pursuant to division (D)(1) of this section, the school's designated fiscal officer annually shall meet with the governing authority to review the school's financial status.
(3) The governing authority shall submit to the department of education a copy of each resolution adopted pursuant to division (D)(1) of this section.
Sec.
3319.05.
The business manager shall receive such compensation
as is fixed by the board of education before
his
election,
which shall not be decreased during
his
the business manager's
term of office.
He
Except as otherwise provided in section
3.061 of the Revised Code, the business manager
shall give
such bond as prescribed by the board for the faithful discharge
of
his
official
duties.
Sec.
3375.32.
Each board of library trustees appointed pursuant to sections
3375.06, 3375.10, 3375.12, 3375.15, 3375.22,
and 3375.30 of the Revised Code shall meet not later than January of
each year and may meet in December of the preceding year and organize
by selecting from its membership a president, a vice-president, and a
secretary who shall serve for a term of one year commencing the later
of the first day of January or the date of selection. At the same
meeting, each board shall elect and fix the compensation of a fiscal
officer, who may be a member of the board, and who shall serve for a
term of one year commencing the later of the first day of January or
the date of election. The
Except
as otherwise provided in section 3.061 of the Revised Code, the
fiscal
officer, before entering upon official duties, shall execute a bond
in an amount and with surety to be approved by the board, payable to
the board, and conditioned for the faithful performance of the
official duties required of the fiscal officer.
Sec.
5155.04.
Before
Except
as otherwise provided in section
3.061 of the Revised Code, before entering
upon official duties,
the superintendent or administrator of the county home shall
give bond as the board of county commissioners or operator requires,
with a surety acceptable to the board or operator, conditioned
for the faithful discharge of the duties of that office.
The bond, with the approval of the board or operator and the
oath of office of the superintendent or administrator, required
by sections 3.22 and 3.23 of the Revised Code and by Section
7 of Article XV, Ohio Constitution, endorsed on it, shall
be deposited with the county treasurer and kept in the treasurer's
office.
Sec. 5571.04. When the board of township trustees determines to proceed as provided in division (C) of section 5571.02 of the Revised Code and appoints a highway superintendent, except as otherwise provided in section 3.061 of the Revised Code, the superintendent shall, before entering upon the discharge of the official duties of superintendent, give bond to the state, for the use of the township, in the sum of two thousand dollars, conditioned upon the faithful performance of the official duties of superintendent. The bond shall be approved by the board of township trustees and filed with the township fiscal officer. The board of township trustees shall fix the compensation of the superintendent, which compensation shall be paid from the township road fund. The compensation and all proper and necessary expenses, when approved by the board of township trustees, shall be paid by the township fiscal officer upon the fiscal officer's warrant.
Sec.
5593.05.
Upon the passage of a resolution provided by section
5593.04 of the Revised Code, the board of county commissioners
of the county or the legislative authority of the city
shall appoint three persons who shall constitute the bridge
commission
of such county or city, not more than two of whom shall
belong to the same political party. The bridge commissioners
shall immediately enter upon their duties and hold office
until the expiration of two, four, and six years, respectively,
from the date of their appointment, the term of each
to be designated by the board or the legislative authority of
the city. Their successors shall be appointed for the term of six
years, excepting that any person appointed to fill a vacancy shall
serve only for the unexpired term, and any commissioner shall
be eligible for reappointment. The commissioners, before entering
upon their duties, shall take, subscribe, and file an oath
of office as required by Section 7 of Article XV, Ohio Constitution,
and sections 3.22 and 3.23 of the Revised Code. Each
Except
as otherwise provided in section 3.061 of the Revised
Code, each
commissioner
shall execute a bond, approved by
the board or legislative authority, in the penalty of five thousand
dollars, conditioned according to law, which bond shall be
filed and recorded as other bonds required of county or city
officials.
Section 2. That existing sections 3.30, 153.24, 305.04, 309.03, 311.02, 313.03, 315.03, 317.02, 319.02, 321.02, 325.071, 325.12, 329.01, 505.02, 505.03, 507.02, 507.021, 507.03, 509.02, 519.161, 705.27, 705.60, 733.65, 733.69, 735.03, 739.02, 747.01, 749.22, 755.23, 955.12, 1901.32, 1907.20, 2101.03, 2151.12, 2153.10, 2301.12, 2303.02, 3313.23, 3313.25, 3314.011, 3319.05, 3375.32, 5155.04, 5571.04, and 5593.05 of the Revised Code are hereby repealed.
Section 3. This act is the "Protect Local Treasuries Act."