Am. Sub. H. B. No. 76 As Passed by the House

Representatives Trakas, McGregor, Walcher, Collier, Allen, Combs, D. Evans, Flowers, Gilb, Hagan, Healy, Hughes, Koziura, T. Patton, Reidelbach, Schaffer, Seaver, Setzer, G. Smith, Widowfield, Wolpert, Yuko

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 ~~deems~~considers it necessary, the 9
legislative authority of a village may provide legal counsel for 10
the village, or for any department or official ~~thereof~~of the 11
village, for a period not to exceed two years, and shall provide 12
compensation for ~~such~~the 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 an 21
attorney or law firm as the legal counsel with the advice and 22
consent of the legislative authority. Within two weeks after 23
receipt of the petition, the clerk shall certify it to the board 24
of elections, which shall determine its sufficiency and validity. 25
The petition shall be certified to the board not less than 26
seventy-five days prior to the election at which the question is 27
to be voted upon. 28

        At the election, if a majority of the electors of the village 29
approves the question, then effective immediately when the mayor 30
considers it necessary, the mayor shall appoint, with the advice 31
and consent of the legislative authority, an attorney or law firm 32
as legal counsel for the village, or for any department or 33
official of the village, for a period not to exceed two years. The 34
appointment of legal counsel under this division shall be pursuant 35
to a contract approved by the mayor and a majority vote of the 36
legislative authority. The contract shall provide for the 37
compensation and other terms of the engagement of the legal 38
counsel, and the legislative authority shall provide that 39
compensation for the legal counsel. 40

       (C) When acting under this section, the legislative authority 41
acts in its administrative capacity. 42

       Section 2. That existing section 733.48 of the Revised Code 43
is hereby repealed. 44

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 ~~deems~~considers it necessary, the	9
legislative authority of a village may provide legal counsel for	10
the village, or for any department or official ~~thereof~~of the	11
village, for a period not to exceed two years, and shall provide	12
compensation for ~~such~~the 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 an	21
attorney or law firm as the legal counsel with the advice and	22
consent of the legislative authority. Within two weeks after	23
receipt of the petition, the clerk shall certify it to the board	24
of elections, which shall determine its sufficiency and validity.	25
The petition shall be certified to the board not less than	26
seventy-five days prior to the election at which the question is	27
to be voted upon.	28

At the election, if a majority of the electors of the village	29
approves the question, then effective immediately when the mayor	30
considers it necessary, the mayor shall appoint, with the advice	31
and consent of the legislative authority, an attorney or law firm	32
as legal counsel for the village, or for any department or	33
official of the village, for a period not to exceed two years. The	34
appointment of legal counsel under this division shall be pursuant	35
to a contract approved by the mayor and a majority vote of the	36
legislative authority. The contract shall provide for the	37
compensation and other terms of the engagement of the legal	38
counsel, and the legislative authority shall provide that	39
compensation for the legal counsel.	40

(C) When acting under this section, the legislative authority	41
acts in its administrative capacity.	42

Section 2. That existing section 733.48 of the Revised Code	43
is hereby repealed.	44