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S. B. No. 120 As Reported by the Senate State and Local Government and Veterans Affairs CommitteeAs Reported by the Senate State and Local Government and Veterans Affairs Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Seitz, Schaffer, Wagoner, Tavares
A BILL
To amend section 309.09 of the Revised Code to make
clear that the prosecuting attorney of a county is
the legal adviser of all tax-supported public
libraries.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 309.09 of the Revised Code be amended
to read as follows:
Sec. 309.09. (A) The prosecuting attorney shall be the legal
adviser of the board of county commissioners, board of elections,
and all other county officers and boards, including and all
tax-supported public libraries, and any of them may require
written opinions or instructions from the prosecuting attorney in
matters connected with their official duties. The prosecuting
attorney shall prosecute and defend all suits and actions which
that any such officer or, board, or tax-supported public library
directs or to which it is a party, and no county officer may
employ any other counsel or attorney at the expense of the county,
except as provided in section 305.14 of the Revised Code.
(B)(1) The prosecuting attorney shall be the legal adviser
for all township officers, boards, and commissions, unless,
subject to division (B)(2) of this section, the township has
adopted a limited home rule government pursuant to Chapter 504. of
the Revised Code and has not entered into a contract to have the
prosecuting attorney serve as the township law director, in which
case, subject to division (B)(2) of this section, the township law
director, whether serving full-time or part-time, shall be the
legal adviser for all township officers, boards, and commissions.
When the board of township trustees finds it advisable or
necessary to have additional legal counsel, it may employ an
attorney other than the township law director or the prosecuting
attorney of the county, either for a particular matter or on an
annual basis, to represent the township and its officers, boards,
and commissions in their official capacities and to advise them on
legal matters. No such legal counsel may be employed, except on
the order of the board of township trustees, duly entered upon its
journal, in which the compensation to be paid for the legal
services shall be fixed. The compensation shall be paid from the
township fund.
Nothing in this division confers any of the powers or duties
of a prosecuting attorney under section 309.08 of the Revised Code
upon a township law director.
(2)(a) If any township in the county served by the
prosecuting attorney has adopted any resolution regarding the
operation of adult entertainment establishments pursuant to the
authority that is granted under section 503.52 of the Revised Code
or if a resolution of that nature has been adopted under section
503.53 of the Revised Code in a township in the county served by
the prosecuting attorney, all of the following apply:
(i) Upon the request of a township in the county that has
adopted, or in which has been adopted, a resolution of that nature
that is made pursuant to division (E)(1)(c) of section 503.52 of
the Revised Code, the prosecuting attorney shall prosecute and
defend on behalf of the township in the trial and argument in any
court or tribunal of any challenge to the validity of the
resolution. If the challenge to the validity of the resolution is
before a federal court, the prosecuting attorney may request the
attorney general to assist the prosecuting attorney in prosecuting
and defending the challenge and, upon the prosecuting attorney's
making of such a request, the attorney general shall assist the
prosecuting attorney in performing that service if the resolution
was drafted in accordance with legal guidance provided by the
attorney general as described in division (B)(2) of section 503.52
of the Revised Code. The attorney general shall provide this
assistance without charge to the township for which the service is
performed. If a township adopts a resolution without the legal
guidance of the attorney general, the attorney general is not
required to provide assistance as described in this division to a
prosecuting attorney.
(ii) Upon the request of a township in the county that has
adopted, or in which has been adopted, a resolution of that nature
that is made pursuant to division (E)(1)(a) of section 503.52 of
the Revised Code, the prosecuting attorney shall prosecute and
defend on behalf of the township a civil action to enjoin the
violation of the resolution in question.
(iii) Upon the request of a township in the county that has
adopted, or in which has been adopted, a resolution of that nature
that is made pursuant to division (E)(1)(b) of section 503.52 of
the Revised Code, the prosecuting attorney shall prosecute and
defend on behalf of the township a civil action under Chapter
3767. of the Revised Code to abate as a nuisance the place in the
unincorporated area of the township at which the resolution is
being or has been violated. Proceeds from the sale of personal
property or contents seized pursuant to the action shall be
applied and deposited in accordance with division (E)(1)(b) of
section 503.52 of the Revised Code.
(b) The provisions of division (B)(2)(a) of this section
apply regarding all townships, including townships that have
adopted a limited home rule government pursuant to Chapter 504. of
the Revised Code, and regardless of whether a township that has so
adopted a limited home rule government has entered into a contract
with the prosecuting attorney as described in division (B) of
section 504.15 of the Revised Code or has appointed a law director
as described in division (A) of that section.
The prosecuting attorney shall prosecute and defend in the
actions and proceedings described in division (B)(2)(a) of this
section without charge to the township for which the services are
performed.
(C) Whenever the board of county commissioners employs an
attorney other than the prosecuting attorney of the county,
without the authorization of the court of common pleas as provided
in section 305.14 of the Revised Code, either for a particular
matter or on an annual basis, to represent the board in its
official capacity and to advise it on legal matters, the board
shall enter upon its journal an order of the board in which the
compensation to be paid for the legal services shall be fixed. The
compensation shall be paid from the county general fund. The total
compensation paid, in any year, by the board for legal services
under this division shall not exceed the total annual compensation
of the prosecuting attorney for that county.
(D) The prosecuting attorney and the board of county
commissioners jointly may contract with a board of park
commissioners under section 1545.07 of the Revised Code for the
prosecuting attorney to provide legal services to the park
district the board of park commissioners operates.
(E) The prosecuting attorney may be, in the prosecuting
attorney's discretion and with the approval of the board of county
commissioners, the legal adviser of a joint fire district created
under section 505.371 of the Revised Code at no cost to the
district or may be the legal adviser to the district under a
contract that the prosecuting attorney and the district enter
into, and that the board of county commissioner approves, to
authorize the prosecuting attorney to provide legal services to
the district.
(F) The prosecuting attorney may be, in the prosecuting
attorney's discretion and with the approval of the board of county
commissioners, the legal adviser of a joint ambulance district
created under section 505.71 of the Revised Code at no cost to the
district or may be the legal adviser to the district under a
contract that the prosecuting attorney and the district enter
into, and that the board of county commissioners approves, to
authorize the prosecuting attorney to provide legal services to
the district.
(G) The prosecuting attorney may be, in the prosecuting
attorney's discretion and with the approval of the board of county
commissioners, the legal adviser of a joint emergency medical
services district created under section 307.052 of the Revised
Code at no cost to the district or may be the legal adviser to the
district under a contract that the prosecuting attorney and the
district enter into, and that the board of county commissioners
approves, to authorize the prosecuting attorney to provide legal
services to the district.
(H) The prosecuting attorney may be, in the prosecuting
attorney's discretion and with the approval of the board of county
commissioners, the legal adviser of a fire and ambulance district
created under section 505.375 of the Revised Code at no cost to
the district or may be the legal adviser to the district under a
contract that the prosecuting attorney and the district enter
into, and that the board of county commissioners approves, to
authorize the prosecuting attorney to provide legal services to
the district.
(I) All money received pursuant to a contract entered into
under division (D), (E), (F), (G), or (H) of this section shall be
deposited into the prosecuting attorney's legal services fund,
which shall be established in the county treasury of each county
in which such a contract exists. Moneys in that fund may be
appropriated only to the prosecuting attorney for the purpose of
providing legal services to a park district, joint fire district,
joint ambulance district, joint emergency medical services
district, or a fire and ambulance district, as applicable, under a
contract entered into under the applicable division.
Section 2. That existing section 309.09 of the Revised Code
is hereby repealed.
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