As Reported by House Local Government and Townships Committee 1
122nd General Assembly 4
Regular Session Am. 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
WHILE THE CORONER IS SERVING AS A COUNTY COMMISSIONER, THE 60
CORONER SHALL BE CONSIDERED AN ACTING COUNTY COMMISSIONER AND 61
SHALL PERFORM THE DUTIES OF THE OFFICE OF COUNTY COMMISSIONER 62
UNTIL AT LEAST ONE OF THE ABSENT COMMISSIONERS RETURNS TO OFFICE 63
OR UNTIL THE OFFICE OF AT LEAST ONE OF THE ABSENT COMMISSIONERS 64
IS DEEMED VACANT. BEFORE ASSUMING THE OFFICE OF ACTING COUNTY
COMMISSIONER, THE CORONER SHALL TAKE AN OATH OF OFFICE AS 65
PROVIDED IN SECTIONS 3.22 AND 3.23 OF THE REVISED CODE. THE 66
CORONER'S SERVICE AS AN ACTING COUNTY COMMISSIONER DOES NOT 67
CONSTITUTE THE HOLDING OF AN INCOMPATIBLE PUBLIC OFFICE OR 68
EMPLOYMENT IN VIOLATION OF ANY STATUTORY OR COMMON LAW
PROHIBITION AGAINST THE SIMULTANEOUS HOLDING OF MORE THAN ONE 69
PUBLIC OFFICER OR EMPLOYMENT.
THE CORONER SHALL GIVE A NEW BOND IN THE SAME AMOUNT AND 70
SIGNED AND APPROVED AS PROVIDED IN SECTION 305.04 OF THE REVISED 71
CODE. THE BOND SHALL BE CONDITIONED FOR THE FAITHFUL DISCHARGE 72
OF THE CORONER'S DUTIES AS ACTING COUNTY COMMISSIONER AND FOR THE 73
PAYMENT OF ANY LOSS OR DAMAGE THAT THE COUNTY MAY SUSTAIN BY 74
REASON OF THE CORONER'S FAILURE IN THOSE DUTIES. THE BOND, ALONG
WITH THE OATH OF OFFICE AND APPROVAL OF THE PROBATE JUDGE 75
INDORSED ON IT, SHALL BE DEPOSITED AND PAID FOR AS PROVIDED FOR 76
THE BONDS IN SECTION 305.04 OF THE REVISED CODE. 77
3
(E) Any vacancy declared under this section shall be 78
filled in the manner provided by section 305.02 of the Revised 79
Code.
(F) This section shall not apply to a county officer while 81
in the active military service of the United States. 82
Section 2. That existing section 305.03 of the Revised 84
Code is hereby repealed. 85