As Passed by the Senate 1
122nd General Assembly 4
Regular Session S. B. No. 208 5
1997-1998 6
SENATORS LATTA-KEARNS-GARDNER-HERINGTON 8
10
A B I L L
To amend section 305.03 of the Revised Code to 12
require the coroner to serve as county 13
commissioner whenever two of a county's
commissioners are absent because of illness or 14
injury.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That section 305.03 of the Revised Code be 17
amended to read as follows: 18
Sec. 305.03. (A) Whenever any county officer fails to 27
perform the duties of his office for ninety consecutive days, 28
except in case of sickness or injury as provided in divisions (B) 29
and (C) of this section, his THE office shall be deemed vacant. 30
(B) Whenever any county officer is absent because of 32
sickness or injury, he THE OFFICER shall cause to be filed with 33
the board of county commissioners a physician's certificate of 35
his THE OFFICER'S sickness or injury. If such certificate is not 37
filed with the board within ten days after the expiration of 38
ninety consecutive days of absence, his THE office shall be 39
deemed vacant.
(C) Whenever a county officer files a physician's 41
certificate under division (B) of this section, but continues to 42
be absent for an additional thirty days commencing immediately 43
after the last day on which this certificate may be filed under 44
division (B) of this section, his THE office shall be deemed 45
vacant. 46
(D) IF AT ANY TIME TWO COUNTY COMMISSIONERS IN A COUNTY 48
2
ARE ABSENT AND HAVE FILED A PHYSICIAN'S CERTIFICATE UNDER 49
DIVISION (B) OF THIS SECTION, THE COUNTY CORONER, IN ADDITION TO 50
PERFORMING THE DUTIES OF CORONER, SHALL SERVE AS COUNTY 51
COMMISSIONER UNTIL AT LEAST ONE OF THE ABSENT COMMISSIONERS 52
RETURNS TO OFFICE OR UNTIL THE OFFICE OF AT LEAST ONE OF THE
ABSENT COMMISSIONERS IS DEEMED VACANT UNDER THIS SECTION AND THE 53
VACANCY IS FILLED. IF THE CORONER SO REQUESTS, THE CORONER SHALL 54
BE PAID A PER DIEM RATE FOR THE CORONER'S SERVICE AS A 55
COMMISSIONER. THAT PER DIEM RATE SHALL BE THE ANNUAL SALARY 56
SPECIFIED BY LAW FOR A COUNTY COMMISSIONER OF THAT COUNTY WHOSE
TERM OF OFFICE BEGAN IN THE SAME YEAR AS THE CORONER'S TERM OF 57
OFFICE BEGAN, DIVIDED BY THE NUMBER OF DAYS IN THE YEAR. 58
(E) Any vacancy declared under this section shall be 60
filled in the manner provided by section 305.02 of the Revised 61
Code.
(F) This section shall not apply to a county officer while 63
in the active military service of the United States. 64
Section 2. That existing section 305.03 of the Revised 66
Code is hereby repealed. 67