As Introduced

126th General Assembly
Regular Session
2005-2006
H. B. No. 76


Representative Trakas 



A BILL
To amend section 733.48 of the Revised Code to permit 1
the electors of a statutory village to vote on a 2
question to authorize the mayor to appoint the 3
village solicitor with the advice and consent of 4
the village's legislative authority.5


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

       Section 1. That section 733.48 of the Revised Code be amended 6
to read as follows:7

       Sec. 733.48. When(A) Except as provided in division (B) of 8
this section, when it deemsconsiders it necessary, the 9
legislative authority of a village may provide legal counsel for 10
the village, or for any department or official thereofof the 11
village, for a period not to exceed two years, and may provide12
compensation for suchthe legal counsel.13

       (B) A petition may be filed with the village clerk, signed by 14
registered electors residing in the village equal in number to not 15
less than ten per cent of the total vote cast for all candidates 16
for governor in the village at the most recent general election at 17
which a governor was elected, requesting that the question be 18
placed before the electors whether, instead of the legislative 19
authority appointing legal counsel for the village or for any 20
department or official of the village, the mayor shall appoint the 21
legal counsel with the advice and consent of the legislative 22
authority. Within two weeks after receipt of the petition, the 23
clerk shall certify it to the board of elections, which shall 24
determine its sufficiency and validity. The petition shall be 25
certified to the board not less then seventy-five days prior to 26
the election at which the question is to be voted upon.27

        At the election, if a majority of the electors of the village 28
approves the question, then effective immediately when the mayor 29
considers it necessary, the mayor may appoint, with the advice and 30
consent of the legislative authority, legal counsel for the 31
village, or for any department or official of the village, for a 32
period not to exceed two years. The legislative authority shall 33
provide compensation for the legal counsel.34

       Section 2. That existing section 733.48 of the Revised Code 35
is hereby repealed.36