As Passed by the House

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 33


Representatives Wagner, Combs, Allen, Barrett, Hartnett, McGregor, Brown, Reidelbach, Wolpert, C. Evans, Harwood, Taylor, Flowers, Bubp, Carano, Cassell, Chandler, Collier, Daniels, Distel, Dolan, Domenick, D. Evans, Faber, Fende, Fessler, Gibbs, Hagan, Hughes, Kearns, Latta, Law, Reinhard, Schlichter, Schneider, Seaver, Setzer, D. Stewart, Wagoner, Walcher 



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 fire district, to a joint ambulance 3
district, to a fire and ambulance district, and to 4
a joint emergency medical services district either 5
at no cost to the district or under a contract 6
with the district.7


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

       Section 1. That section 309.09 of the Revised Code be amended 8
to read as follows:9

       Sec. 309.09.  (A) The prosecuting attorney shall be the legal 10
adviser of the board of county commissioners, board of elections, 11
and all other county officers and boards, including all 12
tax-supported public libraries, and any of them may require13
written opinions or instructions from the prosecuting attorney in14
matters connected with their official duties. The prosecuting 15
attorney shall prosecute and defend all suits and actions which 16
any such officer or board directs or to which it is a party, and 17
no county officer may employ any other counsel or attorney at the 18
expense of the county, except as provided in section 305.14 of the 19
Revised Code.20

       (B) The prosecuting attorney shall be the legal adviser for 21
all township officers, boards, and commissions, unless the22
township has adopted a limited home rule government pursuant to23
Chapter 504. of the Revised Code and has not entered into a 24
contract to have the prosecuting attorney serve as the township 25
law director, in which case the township law director, whether 26
serving full-time or part-time, shall be the legal adviser for all 27
township officers, boards, and commissions. When the board of28
township trustees finds it advisable or necessary to have29
additional legal counsel, it may employ an attorney other than the30
township law director or the prosecuting attorney of the county,31
either for a particular matter or on an annual basis, to represent 32
the township and its officers, boards, and commissions in their 33
official capacities and to advise them on legal matters. No such 34
legal counsel may be employed, except on the order of the board of35
township trustees, duly entered upon its journal, in which the36
compensation to be paid for the legal services shall be fixed. The 37
compensation shall be paid from the township fund.38

       Nothing in this division confers any of the powers or duties 39
of a prosecuting attorney under section 309.08 of the Revised Code 40
upon a township law director.41

       (C) Whenever the board of county commissioners employs an42
attorney other than the prosecuting attorney of the county,43
without the authorization of the court of common pleas as provided 44
in section 305.14 of the Revised Code, either for a particular 45
matter or on an annual basis, to represent the board in its 46
official capacity and to advise it on legal matters, the board 47
shall enter upon its journal an order of the board in which the 48
compensation to be paid for the legal services shall be fixed. The49
compensation shall be paid from the county general fund. The total 50
compensation paid, in any year, by the board for legal services 51
under this division shall not exceed the total annual compensation 52
of the prosecuting attorney for that county.53

       (D) The prosecuting attorney and the board of county54
commissioners jointly may contract with a board of park55
commissioners under section 1545.07 of the Revised Code for the 56
prosecuting attorney to provide legal services to the park57
district the board of park commissioners operates. All moneys 58
received pursuant to the contract shall be deposited into the59
prosecuting attorney's legal services fund, which shall be 60
established in the county treasury of each county in which the 61
contract exists. Moneys in that fund may be appropriated only to 62
the prosecuting attorney for the purpose of providing legal 63
services under a contract entered into under this division.64

       (E) The prosecuting attorney may be, in the prosecuting 65
attorney's discretion, the legal adviser of a joint fire district 66
created under section 505.371 of the Revised Code, at no cost to 67
the district or may be the legal adviser to the district under a 68
contract the prosecuting attorney and the district enter into to 69
authorize the prosecuting attorney to provide legal services to 70
the district.71

       (F) The prosecuting attorney may be, in the prosecuting 72
attorney's discretion, the legal adviser of a joint ambulance 73
district created under section 505.71 of the Revised Code at no 74
cost to the district or may be the legal adviser to the district 75
under a contract the prosecuting attorney and the district enter 76
into to authorize the prosecuting attorney to provide legal 77
services to the district.78

       (G) The prosecuting attorney may be, in the prosecuting 79
attorney's discretion, the legal adviser of a joint emergency 80
medical services district created under section 307.052 of the 81
Revised Code at no cost to the district or may be the legal 82
adviser to the district under a contract the prosecuting attorney 83
and the district enter into to authorize the prosecuting attorney 84
to provide legal services to the district.85

       (H) The prosecuting attorney may be, in the prosecuting 86
attorney's discretion, the legal adviser of a fire and ambulance 87
district created under section 505.375 of the Revised Code at no 88
cost to the district or may be the legal adviser to the district 89
under a contract the prosecuting attorney and the district enter 90
into to authorize the prosecuting attorney to provide legal 91
services to the district.92

       (I) All money received pursuant to a contract entered into 93
under division (D), (E), (F), (G), or (H) of this section shall be 94
deposited into the prosecuting attorney's legal services fund, 95
which shall be established in the county treasury of each county 96
in which such a contract exists. Moneys in that fund may be 97
appropriated only to the prosecuting attorney for the purpose of 98
providing legal services to a park district, joint fire district, 99
joint ambulance district, joint emergency medical services 100
district, or a fire and ambulance district, as applicable, under a 101
contract entered into under the applicable division.102

       Section 2. That existing section 309.09 of the Revised Code 103
is hereby repealed.104