As Passed by the Senate

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 

Senators Zurz, Fedor, Amstutz, Gardner, Grendell, Schuler 



A BILL
To amend sections 309.09 and 3313.13 of the Revised 1
Code to permit the prosecuting attorney, with the 2
approval of the board of county commissioners, to 3
be the legal adviser to a joint fire district, to 4
a joint ambulance district, to a fire and 5
ambulance district, and to a joint emergency 6
medical services district either at no cost to the 7
district or under a contract with the district, 8
and to allow an assistant prosecuting attorney to 9
be a member of a school board in a county other 10
than the county in which the assistant is 11
employed.12


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

       Section 1. That sections 309.09 and 3313.13 of the Revised 13
Code be amended to read as follows:14

       Sec. 309.09.  (A) The prosecuting attorney shall be the legal 15
adviser of the board of county commissioners, board of elections, 16
and all other county officers and boards, including all 17
tax-supported public libraries, and any of them may require18
written opinions or instructions from the prosecuting attorney in19
matters connected with their official duties. The prosecuting 20
attorney shall prosecute and defend all suits and actions which 21
any such officer or board directs or to which it is a party, and 22
no county officer may employ any other counsel or attorney at the 23
expense of the county, except as provided in section 305.14 of the 24
Revised Code.25

       (B) The prosecuting attorney shall be the legal adviser for 26
all township officers, boards, and commissions, unless the27
township has adopted a limited home rule government pursuant to28
Chapter 504. of the Revised Code and has not entered into a 29
contract to have the prosecuting attorney serve as the township 30
law director, in which case the township law director, whether 31
serving full-time or part-time, shall be the legal adviser for all 32
township officers, boards, and commissions. When the board of33
township trustees finds it advisable or necessary to have34
additional legal counsel, it may employ an attorney other than the35
township law director or the prosecuting attorney of the county,36
either for a particular matter or on an annual basis, to represent 37
the township and its officers, boards, and commissions in their 38
official capacities and to advise them on legal matters. No such 39
legal counsel may be employed, except on the order of the board of40
township trustees, duly entered upon its journal, in which the41
compensation to be paid for the legal services shall be fixed. The 42
compensation shall be paid from the township fund.43

       Nothing in this division confers any of the powers or duties 44
of a prosecuting attorney under section 309.08 of the Revised Code 45
upon a township law director.46

       (C) Whenever the board of county commissioners employs an47
attorney other than the prosecuting attorney of the county,48
without the authorization of the court of common pleas as provided 49
in section 305.14 of the Revised Code, either for a particular 50
matter or on an annual basis, to represent the board in its 51
official capacity and to advise it on legal matters, the board 52
shall enter upon its journal an order of the board in which the 53
compensation to be paid for the legal services shall be fixed. The54
compensation shall be paid from the county general fund. The total 55
compensation paid, in any year, by the board for legal services 56
under this division shall not exceed the total annual compensation 57
of the prosecuting attorney for that county.58

       (D) The prosecuting attorney and the board of county59
commissioners jointly may contract with a board of park60
commissioners under section 1545.07 of the Revised Code for the 61
prosecuting attorney to provide legal services to the park62
district the board of park commissioners operates. All moneys 63
received pursuant to the contract shall be deposited into the64
prosecuting attorney's legal services fund, which shall be 65
established in the county treasury of each county in which the 66
contract exists. Moneys in that fund may be appropriated only to 67
the prosecuting attorney for the purpose of providing legal 68
services under a contract entered into under this division.69

       (E) The prosecuting attorney may be, in the prosecuting 70
attorney's discretion and with the approval of the board of county 71
commissioners, the legal adviser of a joint fire district created 72
under section 505.371 of the Revised Code, at no cost to the 73
district or may be the legal adviser to the district under a 74
contract that the prosecuting attorney and the district enter 75
into, and that the board of county commissioner approves, to 76
authorize the prosecuting attorney to provide legal services to 77
the district.78

       (F) The prosecuting attorney may be, in the prosecuting 79
attorney's discretion and with the approval of the board of county 80
commissioners, the legal adviser of a joint ambulance district 81
created under section 505.71 of the Revised Code at no cost to the 82
district or may be the legal adviser to the district under a 83
contract that the prosecuting attorney and the district enter 84
into, and that the board of county commissioners approves, to 85
authorize the prosecuting attorney to provide legal services to 86
the district.87

       (G) The prosecuting attorney may be, in the prosecuting 88
attorney's discretion and with the approval of the board of county 89
commissioners, the legal adviser of a joint emergency medical 90
services district created under section 307.052 of the Revised 91
Code at no cost to the district or may be the legal adviser to the 92
district under a contract that the prosecuting attorney and the 93
district enter into, and that the board of county commissioners 94
approves, to authorize the prosecuting attorney to provide legal 95
services to the district.96

       (H) The prosecuting attorney may be, in the prosecuting 97
attorney's discretion and with the approval of the board of county 98
commissioners, the legal adviser of a fire and ambulance district 99
created under section 505.375 of the Revised Code at no cost to 100
the district or may be the legal adviser to the district under a 101
contract that the prosecuting attorney and the district enter 102
into, and that the board of county commissioners approves, to 103
authorize the prosecuting attorney to provide legal services to 104
the district.105

       (I) All money received pursuant to a contract entered into 106
under division (D), (E), (F), (G), or (H) of this section shall be 107
deposited into the prosecuting attorney's legal services fund, 108
which shall be established in the county treasury of each county 109
in which such a contract exists. Moneys in that fund may be 110
appropriated only to the prosecuting attorney for the purpose of 111
providing legal services to a park district, joint fire district, 112
joint ambulance district, joint emergency medical services 113
district, or a fire and ambulance district, as applicable, under a 114
contract entered into under the applicable division.115

       Sec. 3313.13.  Except as otherwise provided in this section, 116
no prosecuting attorney, city director of law, or other official 117
acting in a similar capacity shall be a member of a board of 118
education.119

       An assistant prosecuting attorney may serve as a member of a 120
board of education of a school district in any county other than 121
the county in which the assistant prosecuting attorney is employed 122
if the board of education's school district is not contiguous to 123
the county in which the assistant prosecuting attorney is 124
employed.125

       A city director of law who was appointed to histhat position126
under a city charter, village solicitor, or other chief legal127
officer of a municipal corporation may serve as a member of a128
board of education for which hethe chief legal officer is not the 129
legal adviser and attorney under section 3313.35 of the Revised 130
Code. A city director of law who was appointed to histhat131
position under a city charter may serve as a member of a board of 132
education for which hethe city director of law is the legal 133
adviser and attorney under section 3313.35 of the Revised Code, 134
but only if the board uses no legal services of histhe office of 135
the city law director or if the legal services of histhat office 136
that it does use are performed under contract by persons not 137
employed by histhat office.138

       Section 2. That existing sections 309.09 and 3313.13 of the 139
Revised Code are hereby repealed.140