H. B. No. 33 As Introduced

Representatives Wagner, Combs, Allen, Barrett, Hartnett, McGregor, Brown, Reidelbach, Wolpert, C. Evans, Harwood, Taylor

A BILL

To amend section 309.09 of the Revised Code to permit 1
the prosecuting attorney to be the legal adviser 2
to a joint ambulance district, to a fire and 3
ambulance district, and to a joint emergency 4
medical services district. 5

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

       Section 1. That section 309.09 of the Revised Code be amended 6
to read as follows: 7

       Sec. 309.09. (A) The prosecuting attorney shall be the legal 8
adviser of the board of county commissioners, board of elections, 9
and all other county officers and boards, including all 10
tax-supported public libraries, and any of them may require 11
written opinions or instructions from the prosecuting attorney in 12
matters connected with their official duties. The prosecuting 13
attorney shall prosecute and defend all suits and actions which 14
any such officer or board directs or to which it is a party, and 15
no county officer may employ any other counsel or attorney at the 16
expense of the county, except as provided in section 305.14 of the 17
Revised Code. 18

       (B) The prosecuting attorney shall be the legal adviser for 19
all township officers, boards, and commissions, unless the 20
township has adopted a limited home rule government pursuant to 21
Chapter 504. of the Revised Code and has not entered into a 22
contract to have the prosecuting attorney serve as the township 23
law director, in which case the township law director, whether 24
serving full-time or part-time, shall be the legal adviser for all 25
township officers, boards, and commissions. When the board of 26
township trustees finds it advisable or necessary to have 27
additional legal counsel, it may employ an attorney other than the 28
township law director or the prosecuting attorney of the county, 29
either for a particular matter or on an annual basis, to represent 30
the township and its officers, boards, and commissions in their 31
official capacities and to advise them on legal matters. No such 32
legal counsel may be employed, except on the order of the board of 33
township trustees, duly entered upon its journal, in which the 34
compensation to be paid for the legal services shall be fixed. The 35
compensation shall be paid from the township fund. 36

       Nothing in this division confers any of the powers or duties 37
of a prosecuting attorney under section 309.08 of the Revised Code 38
upon a township law director. 39

       (C) Whenever the board of county commissioners employs an 40
attorney other than the prosecuting attorney of the county, 41
without the authorization of the court of common pleas as provided 42
in section 305.14 of the Revised Code, either for a particular 43
matter or on an annual basis, to represent the board in its 44
official capacity and to advise it on legal matters, the board 45
shall enter upon its journal an order of the board in which the 46
compensation to be paid for the legal services shall be fixed. The 47
compensation shall be paid from the county general fund. The total 48
compensation paid, in any year, by the board for legal services 49
under this division shall not exceed the total annual compensation 50
of the prosecuting attorney for that county. 51

       (D) The prosecuting attorney and the board of county 52
commissioners jointly may contract with a board of park 53
commissioners under section 1545.07 of the Revised Code for the 54
prosecuting attorney to provide legal services to the park 55
district the board of park commissioners operates. All moneys 56
received pursuant to the contract shall be deposited into the 57
prosecuting attorney's legal services fund, which shall be 58
established in the county treasury of each county in which the 59
contract exists. Moneys in that fund may be appropriated only to 60
the prosecuting attorney for the purpose of providing legal 61
services under a contract entered into under this division. 62

       (E) The prosecuting attorney may be, in the prosecuting 63
attorney's discretion, the legal adviser of a joint fire district 64
created under section 505.371 of the Revised Code, at no cost to 65
the district. 66

       (F) The prosecuting attorney may be, in the prosecuting 67
attorney's discretion, the legal adviser of a joint ambulance 68
district created under section 505.71 of the Revised Code, at no 69
cost to the district. 70

       (G) The prosecuting attorney may be, in the prosecuting 71
attorney's discretion, the legal adviser of a joint emergency 72
medical services district created under section 307.052 of the 73
Revised Code, at no cost to the district. 74

       (H) The prosecuting attorney may be, in the prosecuting 75
attorney's discretion, the legal adviser of a fire and ambulance 76
district created under section 505.375 of the Revised Code, at no 77
cost to the district. 78

       Section 2. That existing section 309.09 of the Revised Code 79
is hereby repealed. 80

Section 1. That section 309.09 of the Revised Code be amended	6
to read as follows:	7

Sec. 309.09. (A) The prosecuting attorney shall be the legal	8
adviser of the board of county commissioners, board of elections,	9
and all other county officers and boards, including all	10
tax-supported public libraries, and any of them may require	11
written opinions or instructions from the prosecuting attorney in	12
matters connected with their official duties. The prosecuting	13
attorney shall prosecute and defend all suits and actions which	14
any such officer or board directs or to which it is a party, and	15
no county officer may employ any other counsel or attorney at the	16
expense of the county, except as provided in section 305.14 of the	17
Revised Code.	18

(B) The prosecuting attorney shall be the legal adviser for	19
all township officers, boards, and commissions, unless the	20
township has adopted a limited home rule government pursuant to	21
Chapter 504. of the Revised Code and has not entered into a	22
contract to have the prosecuting attorney serve as the township	23
law director, in which case the township law director, whether	24
serving full-time or part-time, shall be the legal adviser for all	25
township officers, boards, and commissions. When the board of	26
township trustees finds it advisable or necessary to have	27
additional legal counsel, it may employ an attorney other than the	28
township law director or the prosecuting attorney of the county,	29
either for a particular matter or on an annual basis, to represent	30
the township and its officers, boards, and commissions in their	31
official capacities and to advise them on legal matters. No such	32
legal counsel may be employed, except on the order of the board of	33
township trustees, duly entered upon its journal, in which the	34
compensation to be paid for the legal services shall be fixed. The	35
compensation shall be paid from the township fund.	36

Nothing in this division confers any of the powers or duties	37
of a prosecuting attorney under section 309.08 of the Revised Code	38
upon a township law director.	39

(C) Whenever the board of county commissioners employs an	40
attorney other than the prosecuting attorney of the county,	41
without the authorization of the court of common pleas as provided	42
in section 305.14 of the Revised Code, either for a particular	43
matter or on an annual basis, to represent the board in its	44
official capacity and to advise it on legal matters, the board	45
shall enter upon its journal an order of the board in which the	46
compensation to be paid for the legal services shall be fixed. The	47
compensation shall be paid from the county general fund. The total	48
compensation paid, in any year, by the board for legal services	49
under this division shall not exceed the total annual compensation	50
of the prosecuting attorney for that county.	51

(D) The prosecuting attorney and the board of county	52
commissioners jointly may contract with a board of park	53
commissioners under section 1545.07 of the Revised Code for the	54
prosecuting attorney to provide legal services to the park	55
district the board of park commissioners operates. All moneys	56
received pursuant to the contract shall be deposited into the	57
prosecuting attorney's legal services fund, which shall be	58
established in the county treasury of each county in which the	59
contract exists. Moneys in that fund may be appropriated only to	60
the prosecuting attorney for the purpose of providing legal	61
services under a contract entered into under this division.	62

(E) The prosecuting attorney may be, in the prosecuting	63
attorney's discretion, the legal adviser of a joint fire district	64
created under section 505.371 of the Revised Code, at no cost to	65
the district.	66

(F) The prosecuting attorney may be, in the prosecuting	67
attorney's discretion, the legal adviser of a joint ambulance	68
district created under section 505.71 of the Revised Code, at no	69
cost to the district.	70

(G) The prosecuting attorney may be, in the prosecuting	71
attorney's discretion, the legal adviser of a joint emergency	72
medical services district created under section 307.052 of the	73
Revised Code, at no cost to the district.	74

(H) The prosecuting attorney may be, in the prosecuting	75
attorney's discretion, the legal adviser of a fire and ambulance	76
district created under section 505.375 of the Revised Code, at no	77
cost to the district.	78

Section 2. That existing section 309.09 of the Revised Code	79
is hereby repealed.	80