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As Reported by House Local Government and Townships Committee
122nd General Assembly
Regular Session
1997-1998 | Am. 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.
WHILE THE CORONER IS SERVING AS A COUNTY COMMISSIONER, THE CORONER SHALL BE
CONSIDERED AN ACTING COUNTY COMMISSIONER AND SHALL PERFORM THE DUTIES OF THE
OFFICE OF 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. BEFORE ASSUMING THE OFFICE OF ACTING COUNTY
COMMISSIONER, THE CORONER SHALL TAKE AN OATH OF OFFICE AS PROVIDED IN
SECTIONS 3.22 AND 3.23 of the Revised Code. THE CORONER'S SERVICE AS AN ACTING COUNTY
COMMISSIONER DOES NOT CONSTITUTE THE HOLDING OF AN INCOMPATIBLE PUBLIC OFFICE
OR EMPLOYMENT IN VIOLATION OF ANY STATUTORY OR COMMON LAW PROHIBITION AGAINST
THE SIMULTANEOUS HOLDING OF MORE THAN ONE PUBLIC OFFICER OR EMPLOYMENT.
THE CORONER SHALL GIVE A NEW BOND IN THE SAME AMOUNT AND SIGNED AND
APPROVED AS PROVIDED IN SECTION 305.04 of the Revised Code. THE BOND SHALL BE CONDITIONED
FOR THE FAITHFUL DISCHARGE OF THE CORONER'S DUTIES AS ACTING COUNTY
COMMISSIONER AND FOR THE PAYMENT OF ANY LOSS OR DAMAGE THAT THE COUNTY MAY
SUSTAIN BY REASON OF THE CORONER'S FAILURE IN THOSE DUTIES. THE BOND, ALONG
WITH THE OATH OF OFFICE AND APPROVAL OF THE PROBATE JUDGE INDORSED ON IT,
SHALL BE DEPOSITED AND PAID FOR AS PROVIDED FOR THE BONDS IN SECTION 305.04
of the Revised Code.
(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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