H. B. No. 455 As Introduced

Representative Kilbane

A BILL

To amend section 3313.13 of the Revised Code to allow 1
employees of a city director of law to serve on a 2
board of education for which the city director of 3
law is not the legal adviser. 4

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

       Section 1. That section 3313.13 of the Revised Code be 5
amended to read as follows: 6

       Sec. 3313.13. Except as otherwise provided in this section, 7
no prosecuting attorney, city director of law, or other official 8
acting in a similar capacity shall be a member of a board of 9
education. 10

       An assistant prosecuting attorney may serve as a member of a 11
board of education of a school district in any county other than 12
the county in which the assistant prosecuting attorney is employed 13
if the board of education's school district is not contiguous to 14
the county in which the assistant prosecuting attorney is 15
employed. 16

       A city director of law who was appointed to that position 17
under a city charter, village solicitor, or other chief legal 18
officer of a municipal corporation may serve as a member of a 19
board of education for which the chief legal officer is not the 20
legal adviser and attorney under section 3313.35 of the Revised 21
Code. A city director of law who was appointed to that position 22
under a city charter may serve as a member of a board of education 23
for which the city director of law is the legal adviser and 24
attorney under section 3313.35 of the Revised Code, but only if 25
the board uses no legal services of the office of the city law 26
director or if the legal services of that office that it does use 27
are performed under contract by persons not employed by that 28
office. An employee of an appointed or elected city director of 29
law may serve as a member of a board of education for which the 30
city director of law is not the legal adviser and attorney under 31
section 3313.35 of the Revised Code. 32

       Section 2. That existing section 3313.13 of the Revised Code 33
is hereby repealed. 34

Section 1. That section 3313.13 of the Revised Code be	5
amended to read as follows:	6

Sec. 3313.13. Except as otherwise provided in this section,	7
no prosecuting attorney, city director of law, or other official	8
acting in a similar capacity shall be a member of a board of	9
education.	10

An assistant prosecuting attorney may serve as a member of a	11
board of education of a school district in any county other than	12
the county in which the assistant prosecuting attorney is employed	13
if the board of education's school district is not contiguous to	14
the county in which the assistant prosecuting attorney is	15
employed.	16

A city director of law who was appointed to that position	17
under a city charter, village solicitor, or other chief legal	18
officer of a municipal corporation may serve as a member of a	19
board of education for which the chief legal officer is not the	20
legal adviser and attorney under section 3313.35 of the Revised	21
Code. A city director of law who was appointed to that position	22
under a city charter may serve as a member of a board of education	23
for which the city director of law is the legal adviser and	24
attorney under section 3313.35 of the Revised Code, but only if	25
the board uses no legal services of the office of the city law	26
director or if the legal services of that office that it does use	27
are performed under contract by persons not employed by that	28
office. An employee of an appointed or elected city director of	29
law may serve as a member of a board of education for which the	30
city director of law is not the legal adviser and attorney under	31
section 3313.35 of the Revised Code.	32

Section 2. That existing section 3313.13 of the Revised Code	33
is hereby repealed.	34