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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 208 |
SENATORS LATTA-KEARNS-GARDNER-HERINGTON
A BILL
To amend section 305.03 of the Revised Code to require the coroner to serve as
county commissioner whenever two of a county's commissioners are absent
because of illness or injury.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 305.03 of the Revised Code be amended to read as
follows:
Sec. 305.03. (A) Whenever any county officer fails to
perform the duties of his office for ninety consecutive days,
except in case of sickness or injury as provided in divisions (B)
and (C) of this section, his THE office shall be deemed vacant.
(B) Whenever any county officer is absent because of
sickness or injury, he THE OFFICER shall cause to be filed with
the board of
county commissioners a physician's certificate of his THE
OFFICER'S sickness or
injury. If such certificate is not filed with the board within
ten days after the expiration of ninety consecutive days of
absence, his THE office shall be deemed vacant.
(C) Whenever a county officer files a physician's
certificate under division (B) of this section, but continues to
be absent for an additional thirty days commencing immediately
after the last day on which this certificate may be filed under
division (B) of this section, his THE office shall be deemed
vacant.
(D) IF AT ANY TIME TWO COUNTY COMMISSIONERS IN A COUNTY ARE
ABSENT AND HAVE FILED A PHYSICIAN'S CERTIFICATE UNDER DIVISION (B) OF
THIS SECTION, THE COUNTY CORONER, IN ADDITION TO PERFORMING THE DUTIES OF
CORONER, SHALL SERVE AS COUNTY COMMISSIONER UNTIL AT LEAST ONE OF THE ABSENT
COMMISSIONERS RETURNS TO OFFICE OR UNTIL THE OFFICE OF AT LEAST ONE OF THE
ABSENT COMMISSIONERS IS DEEMED VACANT UNDER THIS SECTION AND THE VACANCY IS
FILLED. IF THE CORONER SO REQUESTS, THE CORONER SHALL BE PAID A PER DIEM RATE
FOR THE CORONER'S SERVICE AS A COMMISSIONER. THAT PER DIEM RATE SHALL BE THE
ANNUAL SALARY SPECIFIED BY LAW FOR A COUNTY COMMISSIONER OF THAT COUNTY WHOSE
TERM OF OFFICE BEGAN IN THE SAME YEAR AS THE CORONER'S TERM OF OFFICE BEGAN,
DIVIDED BY THE NUMBER OF DAYS IN THE YEAR.
(E) Any vacancy declared under this section shall be filled in
the manner provided by section 305.02 of the Revised Code.
(F) This section shall not apply to a county officer while in
the active military service of the United States.
Section 2. That existing section 305.03 of the Revised Code is hereby
repealed.
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