As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 400 5
1999-2000 6
REPRESENTATIVE SALERNO 8
_________________________________________________________________ 9
A B I L L
To amend section 309.10 of the Revised Code to 11
permit a board of library trustees to employ 12
legal counsel to represent the board,
irrespective of whether the prosecuting attorney 13
is able to serve or is adversely interested.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That section 309.10 of the Revised Code be 17
amended to read as follows: 18
Sec. 309.10. Sections 309.08 and 309.09 of the Revised 27
Code do not prevent a school board from employing counsel to 28
represent it, but such counsel, when so COUNSEL IS employed, THE 30
COUNSEL shall be paid by such THE school board from the school 31
fund. Such sections SECTIONS 309.08 AND 309.09 OF THE REVISED 32
CODE do not prevent a county board of mental retardation and 33
developmental disabilities from employing counsel to represent 34
it, but such counsel, when so employed, THAT COUNSEL shall be 35
employed in accordance with division (C) of section 305.14 and 37
paid in accordance with division (A)(7) of section 5126.05 of the 38
Revised Code.
Sections 309.08 and 309.09 of the Revised Code do not 40
prevent a board of county hospital trustees from employing 41
counsel with the approval of the county commissioners to bring 42
legal action for the collection of delinquent accounts of such 43
THE hospital, but such counsel, when so COUNSEL IS employed, THE 46
COUNSEL shall be paid from the hospital's funds. Such sections 47
SECTIONS 309.08 AND 309.09 OF THE REVISED CODE do not prevent a 48
2
board of library trustees from employing counsel when the 49
prosecuting attorney is unable to serve or is adversely 50
interested or when legal action is between two or more boards of 51
library trustees in the same county TO REPRESENT IT, but such 52
counsel, when so COUNSEL IS employed, THE COUNSEL shall be paid 54
from the library's funds. Such sections SECTIONS 309.08 AND
309.09 OF THE REVISED CODE do not prevent the appointment and 56
employment of assistants, clerks, and stenographers, to ASSIST 57
the prosecuting attorney as provided in sections 309.01 to 309.16 58
of the Revised Code, or the appointment by the court of common 59
pleas or the court of appeals of an attorney to assist the 60
prosecuting attorney in the trial of a criminal cause pending in 61
such THAT court, or the board of county commissioners from paying 63
such FOR THOSE services.
Section 2. That existing section 309.10 of the Revised 65
Code is hereby repealed. 66