As Passed by the House

124th General Assembly
Regular Session
2001-2002
H. B. No. 245


REPRESENTATIVES Evans, Blasdel, Brinkman, Calvert, Cates, Collier, Flowers, Hollister, Hoops, Husted, Kearns, Lendrum, Peterson, Raga, Reinhard, Roman, Schaffer, Schmidt, Seitz, Setzer, G. Smith, Britton, Sulzer, Coates, Sferra, Widowfield, Salerno, Grendell, Hagan, Niehaus, Carmichael, Latta, Schneider



A BILL
To enact section 733.262 of the Revised Code to permit1
the offices of village clerk and treasurer to be2
combined into an appointed office of village fiscal3
officer, and to permit the appointed office to be4
subsequently abolished and replaced by the elected5
office of village clerk-treasurer.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 733.262 of the Revised Code be7
enacted to read as follows:8

       Sec. 733.262. (A) In lieu of having the elected office of9
village clerk and the office of village treasurer, or the combined10
elected office of village clerk-treasurer, a village may combine11
the duties of the clerk and treasurer into one appointed office,12
to be known as the village fiscal officer. To make this change,13
the village legislative authority shall pass, by a two-thirds14
vote, an ordinance or resolution proposing to make the change15
effective on the first day of January following the next regular16
municipal election at which the village clerk or village17
clerk-treasurer is to be elected.18

        So that no election for the office of village clerk or19
village clerk-treasurer is held after the passage of the ordinance20
or resolution, the village legislative authority shall file a21
certified copy of the ordinance or resolution with the board of22
elections not less than one hundred five days before the day of23
the next succeeding municipal primary election at which candidates24
for the office of village clerk or village clerk-treasurer are to25
be nominated, or, in villages with a population of under two26
thousand in which no petition for a primary election is filed27
under section 3513.01 of the Revised Code or in villages in which28
no primary is held under section 3513.02 of the Revised Code, not29
less than one hundred five days before the next succeeding regular30
municipal election at which the village clerk or village31
clerk-treasurer is to be elected.32

        (B) In addition to the circumstances described in division33
(A) of this section, when a vacancy exists in the office of34
village clerk or village clerk-treasurer, the village legislative35
authority may pass, by a two-thirds vote, an ordinance or36
resolution to combine the duties of the clerk and the treasurer37
into the appointed office of village fiscal officer. That change38
shall take effect on the effective date of the ordinance or39
resolution.40

        (C) A village fiscal officer appointed under this section41
shall perform the duties provided by law for the village clerk and42
treasurer and any other duties consistent with the nature of the43
office that are provided for by municipal ordinance.44

        (D) A village fiscal officer shall be appointed by the45
mayor of the village, but that appointment does not become46
effective until it is approved by a majority vote of the village47
legislative authority. The village fiscal officer need not be an48
elector of the village or reside in the village at the time of49
appointment; however, the fiscal officer shall become a resident50
of the village within six months after the appointment takes51
effect, unless an ordinance is passed approving the fiscal52
officer's residence outside of the village.53

        The village fiscal officer may be removed without cause54
either by the mayor with the consent of a majority of the members55
of the village legislative authority or by a three-fourths vote of56
the village legislative authority with or without the consent of57
the mayor.58

        (E) The legislative authority of a village that has a59
village fiscal officer may abolish that appointed office and60
return to an elected office of village clerk-treasurer by passing61
an ordinance or resolution by a two-thirds vote.62

        If a vacancy exists in the office of village fiscal officer63
when this ordinance or resolution is passed, the abolition shall64
take effect on the effective date of the ordinance or resolution,65
and the mayor shall appoint a village clerk-treasurer to serve66
until the first day of April following the next regular municipal67
election at which a clerk-treasurer can be elected. So an election68
can be held, the village legislative authority shall file a69
certified copy of the ordinance or resolution with the board of70
elections not less than one hundred five days before the day of71
the next succeeding municipal primary election.72

        If a vacancy does not exist in the office of village fiscal73
officer when the abolishing ordinance or resolution is passed, the74
village legislative authority shall certify a copy of the75
ordinance or resolution to the board of elections not less than76
one hundred five days before the day of the next succeeding77
municipal primary election.78

        The person elected at the next regular municipal election as79
village clerk-treasurer under the circumstances described in this80
division shall serve a four-year term commencing on the first day81
of April following that election.82