The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 245As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Evans, Blasdel, Brinkman, Calvert, Cates, Collier, Flowers, Hollister, Hoops, Husted, Kearns, Lendrum, Peterson, Raga, Reinhard, Roman, Schaffer, Schmidt, Seitz, Setzer, G. Smith, Britton, Sulzer
A BILL
To enact section 733.262 of the Revised Code to
permit the offices of village clerk and treasurer
to be combined into an appointed office of village
fiscal officer, and to permit the appointed office
to be subsequently abolished and replaced by the
elected office of village clerk-treasurer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 733.262 of the Revised Code be
enacted to read as follows:
Sec. 733.262. (A) In lieu of having the elected office of
village clerk and the office of village treasurer, or the combined
elected office of village clerk-treasurer, a village may combine
the duties of the clerk and treasurer into one appointed office,
to be known as the village fiscal officer. To make this change,
the village legislative authority shall pass, by a two-thirds
vote, an ordinance or resolution proposing to make the change
effective on the first day of January following the next regular
municipal election at which the village clerk or village
clerk-treasurer is to be elected.
So that no election for the office of village clerk or
village clerk-treasurer is held after the passage of the ordinance
or resolution, the village legislative authority shall file a
certified copy of the ordinance or resolution with the board of
elections not less than one hundred five days before the day of
the next succeeding municipal primary election at which candidates
for the office of village clerk or village clerk-treasurer are to
be nominated, or, in villages with a population of under two
thousand in which no petition for a primary election is filed
under section 3513.01 of the Revised Code or in villages in which
no primary is held under section 3513.02 of the Revised Code, not
less than one hundred five days before the next succeeding regular
municipal election at which the village clerk or village
clerk-treasurer is to be elected.
(B) In addition to the circumstances described in division
(A) of this section, when a vacancy exists in the office of
village clerk or village clerk-treasurer, the village legislative
authority may pass, by a two-thirds vote, an ordinance or
resolution to combine the duties of the clerk and the treasurer
into the appointed office of village fiscal officer. That change
shall take effect on the effective date of the ordinance or
resolution.
(C) A village fiscal officer appointed under this section
shall perform the duties provided by law for the village clerk and
treasurer and any other duties consistent with the nature of the
office that are provided for by municipal ordinance.
(D) A village fiscal officer shall be appointed by the
mayor of the village, but that appointment does not become
effective until it is approved by a majority vote of the village
legislative authority. The village fiscal officer need not be an
elector of the village or reside in the village at the time of
appointment; however, the fiscal officer shall become a resident
of the village within six months after the appointment takes
effect, unless an ordinance is passed approving the fiscal
officer's residence outside of the village.
The village fiscal officer may be removed without cause
either by the mayor with the consent of a majority of the members
of the village legislative authority or by a three-fourths vote of
the village legislative authority with or without the consent of
the mayor.
(E) The legislative authority of a village that has a
village fiscal officer may abolish that appointed office and
return to an elected office of village clerk-treasurer by passing
an ordinance or resolution by a two-thirds vote.
If a vacancy exists in the office of village fiscal officer
when this ordinance or resolution is passed, the abolition shall
take effect on the effective date of the ordinance or resolution,
and the mayor shall appoint a village clerk-treasurer to serve
until the first day of April following the next regular municipal
election at which a clerk-treasurer can be elected. So an election
can be held, the village legislative authority shall file a
certified copy of the ordinance or resolution with the board of
elections not less than one hundred five days before the day of
the next succeeding municipal primary election.
If a vacancy does not exist in the office of village fiscal
officer when the abolishing ordinance or resolution is passed, the
village legislative authority shall certify a copy of the
ordinance or resolution to the board of elections not less than
one hundred five days before the day of the next succeeding
municipal primary election.
The person elected at the next regular municipal election as
village clerk-treasurer under the circumstances described in this
division shall serve a four-year term commencing on the first day
of April following that election.
|
|