To amend sections 302.02, 302.03, 302.05, 302.081, 302.082, 302.09, 302.10, 302.11, 302.12, 302.13, 302.14, 302.17, 302.18, 302.19, 302.201, 302.202, 302.204, 302.21, 302.22, and 302.24 and to enact sections 302.011, 302.012, 302.013, 302.014, and 302.015 of the Revised Code to permit an alternative form of county government in a county having a population of 1.2 million or more to have a county council with at-large members and members from districts and to have an elected fiscal officer and an appointed county engineer, county information officer, coroner, and sheriff.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

( ) For adoption of the blended county government plan.

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

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

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

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

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

The alternative form of county government providing for the office of the elective county executive shall be known as the elective executive plan, and the alternative form providing for the office of appointive county executive shall be known as the appointive executive plan, and the alternative form providing for the office of the elective county executive and a county council shall be known as the blended county government plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 302.14.  There shall be a county executive, who shall be the chief executive officer of the county. He The county executive shall be either an elective county executive as provided for in section 302.15 or 302.013 of the Revised Code, or an appointive county executive as provided for in section 302.16 of the Revised Code.

In case of the absence or disability of the county executive as determined by the board of county commissioners or the county council, as the case may be, his the county executive's duties shall be performed during his the absence or disability by whomsoever the board of county commissioners or county council designates by resolution.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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