As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 99

Senators Grendell, Seitz 

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A BILL

To amend sections 302.02, 302.03, 302.05, 302.081,

1

302.082, 302.09, 302.10, 302.11, 302.12, 302.13,

2

302.14, 302.17, 302.18, 302.19, 302.201, 302.202,

3

302.204, 302.21, 302.22, and 302.24 and to enact

4

sections 302.011, 302.012, 302.013, 302.014, and

5

302.015 of the Revised Code to permit an

6

alternative form of county government in a

7

county having a population of 1.2 million or

8

more to have a county council with at-large

9

members and members from districts and to have

10

an elected fiscal officer and an appointed county

11

engineer, county information officer, coroner, and

12

sheriff.

13

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

Section 1. That sections 302.02, 302.03, 302.05, 302.081,	14
302.082, 302.09, 302.10, 302.11, 302.12, 302.13, 302.14, 302.17,	15
302.18, 302.19, 302.201, 302.202, 302.204, 302.21, 302.22, and	16
302.24 be amended and sections 302.011, 302.012, 302.013,	17
302.014, and 302.015 of the Revised Code be enacted to read as	18
follows:	19

Sec. 302.011. The board of elections of any county having a	20
population of 1,200,000 or more according to the 2000 federal	21
decennial census shall submit to the electors of the county, under	22
section 302.015 of the Revised Code, the question of adopting the	23
alternative form of county government known as the blended county	24
government plan as defined by sections 302.012, 302.013, and	25
302.014 of the Revised Code. The question shall be voted upon at	26
the next general election occurring not fewer than 75 days after	27
the effective date of this section.	28

Sec. 302.012. Under a blended county government plan, the	29
county council shall consist of seven members, two of whom shall	30
be elected at large and five of whom shall be elected by	31
districts.	32

In a county adopting the blended county government plan,	33
whenever the board of county commissioners is referred to in any	34
law, contract, or other document, the reference shall be deemed	35
to refer to the county council.	36

Sec. 302.013. Under the blended county government plan, the	37
chief executive officer shall be known as the county executive.	38
The county executive shall be elected at the first regular county	39
general election following adoption of the blended county	40
government plan and shall hold office for a term of four years.	41
Only an elector of the county is eligible to be elected as county	42
executive. A candidate for county executive shall be nominated and	43
elected in the manner provided by general law for officers of the	44
county.	45

If the office of county executive becomes vacant, the county	46
council shall appoint a replacement for the unexpired term.	47

The salary of the first individual elected county executive	48
shall be, for that individual's first term of office, one hundred	49
sixty per cent of the salary established by section 325.10 of the	50
Revised Code for a member of the board of county commissioners in	51
the county. Thereafter the county council shall fix the salary not	52
later than one year before a term of office commences.	53

Sec. 302.014. Under the blended county government plan, in	54
addition to other county officers elected or appointed under	55
general law, the formerly elected offices of county auditor,	56
county treasurer, county coroner, county recorder, county	57
engineer, and county sheriff are eliminated and are replaced by	58
the following officers:	59

(A) The offices of county auditor and county treasurer are	60
combined into a fiscal officer. The fiscal officer shall be	61
elected as provided in law for the county auditor. The fiscal	62
officer shall fulfill all the duties vested by law in county	63
auditors and county treasurers.	64

(B) The elected office of county coroner is replaced by an	65
appointed office of county coroner. The county executive shall	66
appoint the county coroner, subject to the approval of at least	67
five members of the county council. The appointed county coroner	68
shall have the same qualifications (except election) prescribed by	69
law for, and shall fulfill all the duties vested by law in, county	70
coroners.	71

(C) The elected office of county recorder is replaced by an	72
appointed office of county information officer. The county	73
executive shall appoint the county information officer, subject to	74
the approval of at least five members of the county council. The	75
appointed county information officer shall have the same	76
qualifications (except election) prescribed by law for, and shall	77
fulfill all the duties vested by law in, county recorders.	78

(D) The elected office of county engineer is replaced by an	79
appointed office of county engineer. The county executive shall	80
appoint the county engineer, subject to the approval of at least	81
five members of the county council. The appointed county engineer	82
shall have the same qualifications (except election) prescribed by	83
law for, and shall fulfill all the duties vested by law in, county	84
engineers.	85

(E) The elected office of county sheriff is replaced by an	86
appointed office of county sheriff. The county executive shall	87
appoint the county sheriff, subject to the approval of at least	88
five members of the county council. The appointed county sheriff	89
shall have the same qualifications (except election) prescribed by	90
law for, and shall fulfill all the duties vested by law in, county	91
sheriffs.	92

Sec. 302.015.  In submitting to the electors of a county the	93
question of adopting an alternative form of county government	94
known as the blended county government plan whereby two members	95
of the county council are elected at large and five are elected by	96
districts, the board of elections shall submit the question in	97
language substantially as follows:	98

"Shall the county of . . . . . . . . adopt the form of county	99
government known as the blended county government plan with an	100
elected county executive and a county council of seven members	101
some elected at large and some by districts, as provided for in	102
sections 302.012, 302.013, and 302.014 of the Revised Code?	103

( ) For adoption of the blended county government plan.

104

( ) Against adoption of the blended county government plan."

105

The proposition for the blended county government plan shall	106
establish the percentage of the annual compensation provided in	107
section 325.10 of the Revised Code for county commissioners that	108
each county council member shall receive as annual compensation	109
in lieu of the amount provided in section 325.10 of the Revised	110
Code.	111

If the proposition for the blended county government plan	112
fails to divide the county into county council districts, the	113
board of elections shall divide the county into districts in the	114
manner provided in section 302.082 of the Revised Code within	115
forty-five days prior to the election on the question of adopting	116
the alternative form.	117

At least forty-five days prior to the election thereon, the	118
board of county commissioners shall cause a copy of the blended	119
county government plan to be distributed to each elector of the	120
county so far as may be reasonably possible. Immediately	121
following the canvass of the election returns, the board of	122
elections shall file a certificate of the results with the	123
secretary of state.	124

Sec. 302.02.  An alternative form of county government shall	125
include either an elective county executive as provided for by	126
section 302.15 or 302.013 of the Revised Code or an appointive	127
county executive as provided by section 302.16 of the Revised	128
Code, and all those provisions of sections 302.01 to 302.24,	129
inclusive, of the Revised Code, which have not been specifically	130
designated as applicable only to the elective county executive	131
plan or, the appointive county executive plan, or the blended	132
county government plan.	133

The alternative form of county government providing for the	134
office of the elective county executive shall be known as the	135
elective executive plan, and the alternative form providing for	136
the office of appointive county executive shall be known as the	137
appointive executive plan, and the alternative form providing for	138
the office of the elective county executive and a county council	139
shall be known as the blended county government plan.	140

Sec. 302.03.  (A) The board of county commissioners or county	141
council of any county may, by a two-thirds vote of the board or	142
council, as the case may be, or shall, upon petition by three per	143
cent of the electors of the county as determined by the number of	144
votes cast therein for the office of governor at the most recent	145
gubernatorial election, by resolution, cause the board of	146
elections in the county to submit to the electors of the county	147
the question of adopting one of the alternative forms of county	148
government authorized by sections 302.01 to 302.24 of the Revised	149
Code. The question shall be voted upon at the next general	150
election occurring not less than seventy-five days after the	151
certification of the resolution to the board of elections.	152

(B) If, in any county, a resolution is adopted by the board	153
of county commissioners or county council requiring that the	154
question of choosing a commission to frame a county charter be	155
submitted to the electors thereof prior to the resolution	156
provided for in this section, the proposition to adopt an	157
alternative form of county government provided in sections 302.01	158
to 302.24 of the Revised Code, shall not be submitted in that	159
county as long as the question of choosing such commission or of	160
adopting a charter framed by such commission is pending therein.	161

(C) Any proposition for an alternative form of county	162
government shall specify the number of members of the board of	163
county commissioners or county council members, how many shall be	164
elected at large, or how many shall be elected by districts, or	165
how many shall be elected at large and by districts.	166

Sec. 302.05.  If a majority of the votes cast on the	167
proposition of adopting an alternative form of county government	168
is in the affirmative, then such form shall thereby be adopted and	169
become the form of government of the county. If more than one	170
alternative form receives a majority of votes cast on the	171
proposition in an election, the form receiving the largest number	172
of votes shall be adopted. The provisions of sections 302.01 to	173
302.24, inclusive, of the Revised Code, as they apply to the	174
nomination and election of county officers, shall be in effect	175
immediately. All other provisions of sections 302.01 to 302.24,	176
inclusive, of the Revised Code, shall take effect on the first	177
Monday in January following the next regular state election.	178

Under an alternative form whereby any members of the board of	179
county commissioners or the county council are elected by	180
districts, each county commissionermember shall receive, in lieu	181
of the annual compensation provided by section 325.10 of the	182
Revised Code, the percentage thereof specified in the adopted	183
plan.	184

Sec. 302.081.  An alternative form of county government shall	185
include a board of county commissioners, elected either at large	186
as provided in sections 302.04 and 302.08 of the Revised Code, or	187
by districts as provided in sections 302.041 and 302.082 of the	188
Revised Code, or a county council elected at large and by	189
districts as provided in section 302.012 of the Revised Code, and	190
in all those provisions of sections 302.01 to 302.24 of the	191
Revised Code, which have not been specifically designated as	192
applicable only in the case whereby the entire board is elected	193
at large, or in the case whereby any of the members are elected by	194
districts, or in the case whereby the members are elected at	195
large and by districts.	196

Sec. 302.082.  (A) Under all alternative forms of county	197
government whereby any members of the board of county	198
commissioners or county council are elected by districts there	199
shall be a board of county commissioners or county council, as the	200
case may be, who shall have the qualifications and shall be	201
nominated and elected as provided by general law for boards of	202
county commissioners, except as otherwise provided for in this	203
section.	204

(B) TheFor an alternative form of county government whereby	205
any members of the board of county commissioners are elected by	206
districts, the board shall consist of such odd number of members,	207
not less than three nor more than twenty-one members, as is	208
provided in the proposition for the alternative form that has been	209
adopted. If the proposition provides for seven or more members, no	210
more than half shall be elected at large.	211

Any or all districts for county commissioners or county	212
council members may be multi-member districts, but the division of	213
the county into districts for county commissioners or county	214
council members shall conform to the constitutional standards for	215
division of the state into districts for election of members of	216
the general assembly. If the proposition for the alternative form	217
adopted provides that any county commissioners or county council	218
members shall be elected by districts, the board of county	219
commissioners or county council shall, every ten years, commencing	220
in 1971 and every ten years thereafter, divide the county into	221
county commissioner districts or county council districts, as the	222
case may be, using the most recent decennial federal census.	223

(C) The term of office of county commissioners or county	224
council members, as the case may be shall be four years, except as	225
provided in division (C) of this section. If the proposition for	226
the alternative form adopted changes the number of county	227
commissioners or county council members, or changes the number of	228
commissionersmembers who are elected by districts, the total	229
number of commissionersmembers shall be elected at the first	230
regular state election following the adoption of the alternative	231
form. The board of elections shall assign a number to each county	232
commissioner or county council position established by the	233
provisions of the alternative form. Candidates shall file for and	234
be elected to a specifically numbered position. The odd-numbered	235
positions shall be filled for a term of four years, and the	236
even-numbered positions shall be filled for a term of two years at	237
the first election and for four years thereafter.	238

Sec. 302.09. When(A) In an alternative form of county	239
government with a board of county commissioners, when a vacancy	240
occurs in the board of county commissioners or in the office of	241
county auditor, county treasurer, prosecuting attorney, clerk of	242
the court of common pleas, sheriff, county recorder, county	243
engineer, or coroner more than forty days before the next general	244
election for state and county officers, the vacancy shall be	245
filled as provided for in divisions (A) and (B) of section 305.02	246
of the Revised Code.	247

(B) In an alternative form of county government with a county	248
council, if a vacancy occurs in the county council or in the	249
offices of prosecuting attorney, clerk of the court of common	250
pleas, or fiscal officer more than forty days before the next	251
general election for state and county officers, the vacancy shall	252
be filled as provided for in divisions (A) and (B) of section	253
305.02 of the Revised Code. If a vacancy occurs in the offices of	254
county engineer, county information officer, coroner, or sheriff	255
the vacancy shall be filled in the same manner as is provided for	256
the appointment of those officers.	257

Sec. 302.10.  The board of county commissioners or county	258
council, as the case may be shall determine its own rules and	259
order of business and cause a journal of its proceedings to be	260
kept. A majority of the members elected to the board or council	261
shall constitute a quorum to do business. No action of the board	262
or council shall be valid or binding unless adopted by the	263
affirmative vote of a majority of the members elected to the board	264
or council.	265

Sec. 302.11.  The board of county commissioners or county	266
council, as the case may be, shall organize on the first Monday	267
of each year, by the election of one of its members as president	268
and one other member as vice-president for terms of one year. The	269
president shall preside at all regular and special sessions of	270
the board.	271

Notwithstanding section 305.05 of the Revised Code, when the	272
president of the board is absent from the county or unable to	273
perform histhe official duties of president, or in case of death,	274
resignation, or removal, the vice-president shall act as president	275
pending any future meeting of the board at which it may select one	276
of its members to become the president.	277

Except as provided by sections 302.01 to 302.24, inclusive,	278
of the Revised Code, the president of the board shall have all	279
powers and duties vested in or imposed upon the president of the	280
board by general law.	281

Sec. 302.12.  The board of county commissioners or the county	282
council, as the case may be, is the policy-determining body of the	283
county. Except as otherwise provided by sections 302.01 to 302.24,	284
inclusive, of the Revised Code, it has all the powers and duties	285
vested by law in boards of county commissioners. All powers and	286
duties which may be vested by law in counties or in county	287
officers or agencies, or which may be transferred to the county by	288
action of a township or municipality under authority of Section 1	289
of Article X, Ohio Constitution, and which are not assigned by law	290
to any department, office, or body existing under the alternative	291
form of government in force, shall be exercised or performed by	292
the board or council or by the department, office, or body	293
designated by resolution of the board or council.	294

Sec. 302.13.  Pursuant to and in conformity with the	295
Constitution of Ohio and without limiting the powers and duties	296
otherwise vested in the board of county commissioners, the board	297
or county council may:	298

(A) Establish a department of finance, a department of human	299
services, a department of health which shall exercise the powers	300
and perform the duties of the general health district according to	301
policies established by the board of county commissioners or	302
county council notwithstanding Chapter 3709. of the Revised Code,	303
a purchasing department, a department of public works, a	304
department of law, a department of personnel, a department of	305
detention and correction, a department of water and sewers, and	306
such other departments, divisions, and sections under the	307
supervision of the county executive, as it determines to be	308
necessary for the efficient administration of the county's	309
business, and may provide for the merger of such departments,	310
divisions, and sections;	311

(B) Determine the compensation of appointive heads of	312
departments and divisions under the supervision of the board of	313
county commissioners or county council and adopt by resolution a	314
classification plan and schedule fixing the rates of compensation	315
of all classes and grades in the county service. Such schedule	316
shall provide uniform compensation for like service, and may	317
establish minimum and maximum rates for any grade of position	318
within which the compensation shall be fixed by the appointing	319
authority.	320

(C) Determine what officers and employees shall file bond,	321
and fix the amount and form thereof and approve the surety of the	322
bond given;	323

(D) Provide for the borrowing of money in anticipation of the	324
collection of taxes and revenues for the current fiscal year;	325

(E) Acquire, construct, maintain, administer, rent, and lease	326
property including buildings and other public improvements as	327
provided by law;	328

(F) Cooperate or join by contract pursuant to section 302.21	329
of the Revised Code with any city, county, state, or political	330
subdivision or agency thereof, or with the United States or any	331
agency thereof, for the planning, development, construction,	332
acquisition, or operation of any public improvement or facility,	333
or for a common service; and may provide the terms upon which the	334
county shall perform any of the services and functions of any	335
municipality or political subdivision in the county;	336

(G) Accept, in the name of the county, gifts, devises,	337
bequests, and grants-in-aid from any person, firm, corporation,	338
city, county, state, or political subdivision or agency thereof,	339
or from the United States or any agency thereof;	340

(H) Request periodic or special reports by the county	341
executive, elected officers, and administrative officers and	342
bodies, and may require their attendance upon its meetings;	343

(I) Designate the maximum number of assistants, deputies,	344
clerks, and other persons that may be employed in each of the	345
offices and departments of the county;	346

(J) Authorize the county executive to employ experts and	347
consultants in connection with the administration of the affairs	348
of the county;	349

(K) Establish procedures governing the making of county	350
contracts and the purchasing of county supplies and equipment by	351
competitive bidding;	352

(L) Exercise control over expenditures by all county	353
officials and promulgate and execute an allotment schedule	354
allocating annual appropriations for any county government purpose	355
by item on either a monthly or quarterly basis;	356

(M) By ordinance or resolution make any rule, or act in any	357
matter not specifically prohibited by general law; provided that,	358
in the case of conflict between the exercise of powers pursuant to	359
this division and the exercise of powers by a municipality or	360
township, the exercise of power by the municipality or township	361
shall prevail, and further provided that the board or council may	362
levy only taxes authorized by general law.	363

Sec. 302.14.  There shall be a county executive, who shall be	364
the chief executive officer of the county. HeThe county	365
executive shall be either an elective county executive as	366
provided for in section 302.15 or 302.013 of the Revised Code, or	367
an appointive county executive as provided for in section 302.16	368
of the Revised Code.	369

In case of the absence or disability of the county executive	370
as determined by the board of county commissioners or the county	371
council, as the case may be, histhe county executive's duties	372
shall be performed during histhe absence or disability by	373
whomsoever the board of county commissioners or county council	374
designates by resolution.	375

Sec. 302.17.  The county executive shall be responsible for	376
the proper administration of the affairs of the county placed in	377
histhe county executive's charge, and, by resolution of the board	378
of county commissioners or county council, as the case may be, may	379
serve as the head of any county department created by the board	380
or council pursuant to sections 302.01 to 302.24, inclusive, of	381
the Revised Code, provided hethe county executive has the	382
qualifications required by law.	383

Sec. 302.18.  (A) The county executive shall be the	384
administrative head of the county and shall have all powers and	385
shall perform all duties of an administrative or executive nature	386
vested in or imposed upon the board of county commissioners or	387
county council by general law or by agreement with any	388
municipality or other subdivision of government of Ohio and such	389
additional powers as are granted and imposed by the board or	390
council, and the county executive shall administer the resolutions	391
of the board of county commissioners or county council and the	392
laws of the state relating to or required to be enforced by the	393
county executive's office. The county executive shall supervise	394
the departments established pursuant to division (A) of section	395
302.13 of the Revised Code. All authority of the board of county	396
commissioners under general law with respect to the adoption of	397
the county budget and the submission of any matter to the	398
electors shall be exercised by the board of county commissioners	399
or the county council, as the case may be, provided for under	400
Chapter 302. of the Revised Code. Contracts between the county and	401
other agencies of government shall be approved or authorized by	402
the board of county commissioners or county council.	403

(B) The county executive, under the elective executive plan	404
or the blended county government plan, shall exercise all	405
authority of the board of county commissioners or county council	406
to appoint, suspend, and remove all county personnel whose	407
appointment, suspension, and removal was a function of the board	408
of county commissioners or county council under general law,	409
except for the clerk of the board of county commissioners, the	410
clerk's clerical assistants, and the appointments listed in	411
division (C) of section 302.18 of the Revised Code. Under the	412
appointive executive plan, the board of county commissioners	413
shall have the power to appoint, suspend, and remove all county	414
personnel whose appointment, suspension, and removal was a	415
function of the board under general law, upon the recommendation	416
of the county executive.	417

(C) AppointmentFor the elective county executive plan and	418
the appointive county executive plan, appointment of officers,	419
which by general law in sections 303.04, 303.13, 305.29, 306.01,	420
306.02, 329.01, 329.06, 5153.39, and 5155.03 of the Revised Code	421
is required to be made by the board of county commissioners,	422
shall be made by the county executive, under either plan, with	423
advice and consent of the board of county commissioners. The	424
county executive, under either plan, also shall appoint with the	425
advice and consent of the board of county commissioners, all	426
officers and members of boards and commissions, other than	427
officers of a court or employees or other persons advisory to or	428
subject to the supervision of a court or judge thereof, which by	429
general law in sections 331.01, 339.02, 1545.02, 1545.03,	430
1545.04, and 1545.05 of the Revised Code are to be appointed by a	431
judge or judges of the probate or common pleas court of the	432
county.	433

(D) The county executive, under the elective executive plan	434
or the blended county government plan, shall have the power to	435
veto any ordinance or resolution adopted by the board of county	436
commissioners or the county council. A veto by the county	437
executive may apply to all or any items of an ordinance	438
appropriating money. Certification of a veto must be made by the	439
county executive within ten days of its adoption by the board of	440
county commissioners or county council, and the board of county	441
commissioners or county council may override the veto by a	442
two-thirds vote of all its members. Under the elective executive	443
plan blended county government plan an ordinance or resolution	444
shall become effective upon approval by the county executive,	445
expiration of such ten days without approval or veto, or	446
overriding of a veto.	447

(E) The county executive shall promote the coordination of	448
all county functions and for this purpose shall make an annual	449
public report on the state of the county.	450

Sec. 302.19.  In addition to other powers and duties provided	451
in sections 302.01 to 302.24, inclusive, of the Revised Code, the	452
county executive shall:	453

(A) Prepare and recommend to the board of county	454
commissioners or county council, as the case may be, the annual	455
tax budget and county appropriation resolution;	456

(B) Keep the board or council advised of the financial	457
condition and future needs of the county;	458

(C) Prepare and submit to the board or council such measures	459
as hethe county executive deems necessary for the conduct of the	460
county's business;	461

(D) Attend meetings of the board of county commissioners or	462
county council and take part in the discussion of all matters	463
before the board or council;	464

(E) Prepare and submit to the board of county commissioners	465
or county council, as the case may be, such reports on the	466
operations of any departments, offices, and bodies under his	467
county executive's control as may be required by the board or	468
council.	469

Sec. 302.201.  If established under the provisions of Chapter	470
302. of the Revised Code, the department of law shall be	471
administered by a director of law who shall be an attorney-at-law	472
admitted to the practice of law in this state. The director of law	473
shall serve as legal advisor to the board of county commissioners	474
or county council, as the case may be, the county executive, and	475
the county departments, offices, and agencies responsible to the	476
board or council and the county executive. The director of law	477
shall give written opinions as to the law when specifically	478
requested so to do by the board or council or the county	479
executive, act as counsel for the board or council and the county	480
executive in any proceeding instituted by or against the board or	481
council or the county executive, and perform any other legal	482
duties assigned by the board of county commissioners or county	483
council or the county executive.	484

Sec. 302.202.  If established under this chapter, the	485
department of personnel shall make and promulgate personnel rules	486
that, when adopted by the board of county commissioners or county	487
council, as the case may be, after public hearing, shall be the	488
sole basis for determining the provisions and procedures of the	489
county personnel system.	490

Notwithstanding the provisions of Chapter 124. of the Revised	491
Code, personnel rules adopted by the board of county commissioners	492
or county council, as the case may be, pursuant to this section,	493
may provide for, but need not be limited to, the following:	494

(A) Classification of all county positions, which	495
classification shall be based on the duties, authority, and	496
responsibility of each position;	497

(B) A pay plan for all county positions, which pay plan may	498
include fringe benefits as may be determined by the board of	499
county commissioners or county council, in addition to salary;	500

(C) Certification of payrolls as to compliance with the pay	501
plan and the personnel rules;	502

(D) The method of holding competitive tests for determining	503
the merit and fitness of candidates for appointment and promotion;	504

(E) The establishment, maintenance, and certification of	505
eligible lists for filling vacancies;	506

(F) The order and manner in which lay-offs may be effected;

507

(G) The procedure for suspension and removal of employees,	508
which procedure shall include provisions for appeals from orders	509
of suspension or removal or other disciplinary action;	510

(H) The hours of work, the attendance regulations, and the	511
provisions for sick and vacation leave;	512

(I) Other practices and procedures necessary to the	513
administration of the county personnel system.	514

Sec. 302.204.  If established under the provisions of Chapter	515
302. of the Revised Code, the department of water and sewers shall	516
assume all duties and perform all functions related to the	517
operation of the county's sewer and water systems. The board of	518
county commissioners or county council, as the case may be, may	519
create a board of trustees to serve at its pleasure and may assign	520
to such board such functions and responsibilities as are by law	521
delegated to the board of county commissioners in Chapters 6117.	522
and 6103. of the Revised Code as they pertain to the operation of	523
a county sewer system and a county water system.	524

Sec. 302.21.  The board of county commissioners or county	525
council, as the case may be, as provided in section 302.22 of the	526
Revised Code may enter into an agreement with the legislative	527
authority of any municipal corporation, township, port authority,	528
water or sewer district, school district, library district, health	529
district, park district, soil and water conservation district,	530
water conservancy district, or other taxing district, or with the	531
board of any other county, and such legislative authorities may	532
enter into agreements with the board or council, whereby such	533
board or council undertakes, and is authorized by the contracting	534
subdivision, to exercise any power, perform any function, or	535
render any service, in behalf of the contracting subdivision or	536
its legislative authority, which such subdivision or legislative	537
authority may exercise, perform, or render.	538

Upon the execution of such agreement and within the	539
limitations prescribed by it, the board or council may exercise	540
the same powers as the contracting subdivision possesses with	541
respect to the performance of any function or the rendering of any	542
service, which, by such agreement, it undertakes to perform or	543
render, and all powers necessary or incidental thereto, as amply	544
as such powers are possessed and exercised by the contracting	545
subdivision directly. In the absence in such agreement of	546
provisions determining by what officer, office, department,	547
agency, or authority, the powers and duties of the board or	548
council shall be exercised or performed, the board or council	549
shall, within the limits of this section, determine and assign	550
such powers and duties to any officer or officers of county	551
government, including the auditor, treasurer, engineer, recorder,	552
coroner, sheriff, fiscal officer, county information officer, and	553
prosecuting attorney. Any agreement authorized by this section	554
shall not suspend the possession by a contracting subdivision of	555
any power or function exercised or performed by the board or	556
council in pursuance of such agreement. Nor shall the board or	557
council, by virtue of any agreement entered into under this	558
section, acquire any power to levy taxes within and in behalf of	559
a contracting subdivision unless approved by a majority of the	560
electors of the contracting subdivision.	561

The boards of county commissioners or county councils of any	562
two or more counties may contract with each other or by contract	563
create any joint agency to exercise any power, perform any	564
function, or render any service which any board of county	565
commissioners or county council may exercise, perform, or render.	566

Sec. 302.22.  Every agreement entered into under sections	567
302.21 to 302.24, inclusive, of the Revised Code, shall provide,	568
either in specific terms or by prescribing a method for	569
determining the amounts, for any payments to be made by the	570
contracting subdivision into the county treasury, in consideration	571
of the performance of the agreement. In cases where it is deemed	572
practicable, the agreement may provide that payment shall be made	573
by the retention in the treasury of the amounts due from taxes	574
collected for the contracting subdivision and the county auditor	575
and county treasurer or county fiscal officer, as the case may be,	576
shall be governed by any such provision in settling the accounts	577
for such taxes.	578

Any agreement entered into by and between two or more boards	579
of county commissioners or county councils shall specify the	580
method of payment for the joint exercise of any power, the joint	581
performing of any function, or the joint rendering of any service,	582
which method of payment shall be authorized and binding on the	583
counties so long as the agreement is in effect.	584

Sec. 302.24.  Any agreement entered into under sections	585
302.21 to 302.24, inclusive, of the Revised Code, may provide for	586
the transfer to the board of county commissioners or the county	587
council, as the case may be, of any property, real or personal,	588
used or useful, in the performance of functions or the rendering	589
of services under such agreement. Such transfer may include the	590
proceeds of bonds issued or to be issued by the contracting	591
subdivision, appropriate to the powers, functions, or services	592
under the agreement, such proceeds to be expended by the board or	593
council subject to the same conditions as would govern the	594
contracting subdivision. Such transfer may convey the absolute	595
title to such property, subject, in the case of the disposal or	596
encumbrance of such real property by the board or council, to the	597
consent of the legislative authority of the contracting	598
subdivision; or may convey its use only, or any estate or title	599
less than absolute; may limit the power of the board or council to	600
dispose of such property; and may provide for its return,	601
disposition, division, or distribution, in the event of the	602
rescission or expiration of the agreement.	603

Section 2.  That existing sections 302.02, 302.03, 302.05,	604
302.081, 302.082, 302.09, 302.10, 302.11, 302.12, 302.13, 302.14,	605
302.17, 302.18, 302.19, 302.201, 302.202, 302.204, 302.21,	606
302.22, and 302.24 of the Revised Code are hereby repealed.	607