reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 3 | Counties › Chapter 307 | Board of County Commissioners - Powers › Section 307.99 | Penalty.

Effective:
April 3, 2023
Latest Legislation:
House Bill 254 - 134th General Assembly
(A) Whoever violates section 307.42 of the Revised Code shall be fined not less than twenty-five nor more than one hundred dollars for each offense.
(B) Whoever violates section 307.43 of the Revised Code shall be fined not less than twenty-five nor more than two hundred dollars, and imprisoned not less than ten nor more than sixty days.
(C) Whoever violates section 307.37 of the Revised Code, shall be fined not more than three hundred dollars.
(D) Whoever violates division (C)(5) of section 307.97 of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars.
(E) Whoever violates any other subdivision of division (C) of section 307.97 of the Revised Code shall be imprisoned not more than six months or fined not more than one thousand dollars, or both.
(F) Whoever violates division (F) of section 307.652 of the Revised Code or division (B) of section 307.659 of the Revised Code is guilty of a misdemeanor of the first degree.
Last updated February 21, 2023 at 12:37 PM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.01 | Airport Authorities Definitions.

Effective:
July 26, 1967
Latest Legislation:
House Bill 687 - 107th General Assembly
As used in sections 308.01 to 308.17, inclusive, of the Revised Code:
(A) "Airport" means any location either on land or water which is used for the landing or taking off of aircraft.
(B) "Airport facility" means any facility used, available for use, or designed for use to aid in the safe taking off and landing of aircraft, for the safety, storage, and maintenance of aircraft, for the comfort and accommodation of the users of air transportation of persons, property, and mail, or for the safe and efficient operation and maintenance of an airport, and any combination of such facilities.
(C) "Bonds" or "revenue bonds" includes bonds, notes, bond anticipation notes, or other written instruments evidencing indebtedness.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.02 | Method of Creating Regional Airport Authority.

Effective:
October 2, 1961
Latest Legislation:
House Bill 307 - 104th General Assembly
A regional airport authority may be created in the manner provided in section 308.03 of the Revised Code, for the purpose of acquiring, constructing, operating, and maintaining airports and airport facilities.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.03 | Resolution Creating Regional Airport Authority.

Effective:
October 2, 1961
Latest Legislation:
House Bill 307 - 104th General Assembly
Any two or more contiguous counties or any single county may create a regional airport authority by the adoption of a resolution by the board of county commissioners of each county to be included in the regional airport authority. Such resolution shall state:
(A) The necessity for the creation of the regional airport authority;
(B) The counties to be included within the regional airport authority;
(C) The official name by which the regional airport authority shall be known;
(D) The place in which the principal office of the regional airport authority will be located or the manner in which it may be selected;
(E) The number, term, compensation if any, and manner of selecting the members of the board of trustees of the regional airport authority;
(F) The manner in which vacancies on the board of trustees of the regional airport authority shall be filled;
(G) The manner and to what extent the expenses of the regional airport authority shall be apportioned among the counties creating it.
The regional airport authority provided for in such resolution shall be deemed to be created upon the adoption of such resolution by the board of county commissioners of each county enumerated in the resolution.
The resolution creating a regional airport authority may be amended to include additional counties or for any other purpose, by the adoption of such amendment by the board of county commissioners of each county included or to be included in the regional airport authority.
The territorial boundaries of a regional airport authority shall be coextensive with the territorial boundaries of the counties included within the regional airport authority.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.04 | Appointment and Organization of Board of Trustees.

Effective:
December 30, 2008
Latest Legislation:
Senate Bill 129 - 127th General Assembly
Within sixty days after a regional airport authority has been created under section 308.03 of the Revised Code, the board of trustees for such regional airport authority shall be appointed as provided in the resolution creating it.
Each member of the board of trustees, before entering upon the member's official duties, shall take and subscribe to an oath or affirmation that the member will honestly, faithfully, and impartially perform the duties of office, and that the member will not be interested directly or indirectly in any contract let by the regional airport authority. Any contract let by the regional airport authority in which a member of the board of trustees is directly or indirectly interested is void and unenforceable, unless a member with an interest in a contract first discloses the member's interest in writing to the remaining members of the board and the member with the interest refrains from any participation in the matter.
After each member of the board has taken the oath as prescribed by this section the board shall meet and organize by electing one of its members as president and another as vice-president, who shall hold their respective offices until the next annual meeting of the board as provided in its bylaws. At each annual meeting thereafter the board shall elect from its membership a president and a vice-president who shall serve for a term of one year.
The board shall appoint and fix the compensation of a secretary-treasurer, who shall not be a member of the board and who shall serve at the pleasure of the board.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.05 | Procedural Rules and Regulations.

Effective:
October 2, 1961
Latest Legislation:
House Bill 307 - 104th General Assembly
All the power and authority granted to a regional airport authority shall be vested in and exercised by its board of trustees which shall manage and conduct its affairs.
The board shall, within the limitations of sections 308.01 to 308.17, inclusive, of the Revised Code, by its rules and regulations provide the procedure for its actions, the manner of selection of its president, vice-president, secretary-treasurer, and other officers and employees, their titles, terms of office, compensation, duties, number, and qualifications, and any other lawful subject necessary to the operation of the regional airport authority and the exercise of the powers granted to it.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.051 | Meeting by Interactive Video Conference or Teleconference.

Effective:
April 6, 2017
Latest Legislation:
House Bill 455 - 131st General Assembly
(A) The requirement in division (C) of section 121.22 of the Revised Code that a member of a public body be present in person at a meeting open to the public in order to be part of a quorum or to vote does not apply to the board of trustees of a regional airport authority if the board holds the meeting by interactive video conference or by teleconference in the following manner:
(1) The board establishes a primary meeting location that is open and accessible to the public;
(2) Meeting-related materials that are available before the meeting are sent via electronic mail, facsimile, hand-delivery, or United States postal service to each board member;
(3) In the case of an interactive video conference, the board causes a clear video and audio connection to be established that enables all meeting participants at the primary meeting location to see and hear each board member;
(4) In the case of a teleconference, the board causes a clear audio connection to be established that enables all meeting participants at the primary meeting location to hear each board member;
(5) All board members have the capability to receive meeting-related materials that are distributed during a board meeting;
(6) A roll call voice vote is recorded for each vote taken; and
(7) The minutes of the board meeting identify which board members remotely attended the meeting by interactive video c onference or teleconference.
If the board proceeds under this division, use of an interactive video conference is preferred, but nothing in this section prohibits the board from conducting its meetings by teleconference or by a combination of interactive video conference and teleconference at the same meeting.
(B) A regional airport authority board of trustees shall adopt rules necessary to implement this section. At a minimum, the rules shall do all of the following:
(1) Authorize board members to remotely attend a board meeting by interactive video conference or teleconference, or by a combination thereof, in lieu of attending the meeting in person;
(2) Establish a minimum number of board members that must be physically present in person at the primary meeting location if the board conducts a meeting by interactive video conference or teleconference;
(3) Require that not more than one board member remotely attending a board meeting by teleconference is permitted to be physically present at the same remote location;
(4) Establish geographic restrictions for participation in meetings by interactive video conference and by teleconference;
(5) Establish a policy for distributing and circulating meeting-related materials to board members, the public, and the media in advance of or during a meeting at which board members are permitted to attend by interactive video conference or teleconference; and
(6) Establish a method for verifying the identity of a b oard member who remotely attends a meeting by teleconference.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.061 | Contract With Prosecuting Attorney.

Effective:
November 2, 2018
Latest Legislation:
House Bill 34 - 132nd General Assembly
The board of trustees of a regional airport authority may contract with the prosecuting attorney of a county, as provided in section 309.09 of the Revised Code, to obtain legal services from the prosecuting attorney.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.07 | Eminent Domain Powers.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
(A) The board of trustees of a regional airport authority may exercise the power of eminent domain to appropriate any land, rights, rights of way, franchises, easements, or other property, within or without the territorial boundaries of the regional airport authority, necessary or proper for the construction or efficient operation of any airport or airport facility or access thereto under its jurisdiction pursuant to the procedure provided in sections 163.01 to 163.22, inclusive, of the Revised Code, and subject to division (B) of this section.
(B) No regional airport authority shall exercise the right of eminent domain to take or disturb property or facilities belonging to any political subdivision, public corporation, public utility, or common carrier, which property or facility is necessary and convenient in the operation of such political subdivision, public corporation, public utility, or common carrier unless provision is made for the restoration, relocation, or duplication of such property or facility, or upon the election of such political subdivision, public corporation, public utility, or common carrier, for the payment of compensation, if any, at the sole cost of the regional airport authority, provided:
(1) If any restoration or duplication of any property or facility proposed to be made under this division involves a relocation of such property or facility the new facility and location thereof shall be of at least comparable utilitarian value and effectiveness and such relocation shall not impair the ability of the public utility or common carrier to compete in its original area of operation.
(2) If any restoration or duplication of any property or facility proposed to be made under this division involves a relocation of such property or facility, the regional airport authority shall acquire no interest or right in or to the appropriated property or facility until the relocated property or facility is available for use and until marketable title thereto has been transferred to the public utility or common carrier.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.09 | Bonds Secured by Trust Agreement.

Effective:
October 2, 1961
Latest Legislation:
House Bill 307 - 104th General Assembly
At the discretion of the board of trustees of a regional airport authority, the revenue bonds of the regional airport authority may be secured by a trust agreement between the board of trustees on behalf of the regional airport authority and a corporate trustee, which trustee may be any trust company or bank having powers of a trust company, within or without the state.
Such trust agreement may provide for the pledge or assignment of the revenues to be received, but shall not convey or mortgage any property under the jurisdiction of the regional airport authority nor pledge the general credit of the regional airport authority. The trust agreement or the resolution providing for the issuance of revenue bonds may set forth the rights and remedies of the bond holders and trustee, and may contain such other provisions for protecting and enforcing their rights and remedies as are, in the discretion of the board of trustees, reasonable and proper. Such agreement or resolution may provide for the custody, investment, and disbursement of all moneys derived from the sale of such bonds or from the revenues of the regional airport authority pledged to pay the interest and principal on such bonds and may provide for the deposit of such funds without regard to the provisions of section 308.12 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.10 | Bond Interest, Maturity.

Effective:
May 13, 1981
Latest Legislation:
House Bill 95 - 114th General Assembly
Revenue bonds issued by a regional airport authority shall bear interest at not to exceed the rate provided in section 9.95 of the Revised Code, shall mature within forty years following the date of issuance and in such amount, at such times, and in such number of installments as may be provided in the resolution authorizing their issuance. Such resolution shall also provide for the execution and sealing of the bonds and the use of facsimile signatures and facsimile of the seal, the manner of sale of the bonds, and such other terms and conditions relative to the issuance, sale, and retirement of said bonds as the board of trustees in their discretion believe reasonable and proper, provided, no such sale shall be made at such price as would require payment of interest on the money received for such bonds at more than the rate provided in section 9.95 of the Revised Code, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding from any such computation the amount of any premium to be paid on redemption of any bonds prior to maturity.
If such bonds are callable, bonds called may be refunded. If revenues prove insufficient to pay maturing bonds, bonds which have matured or are about to mature may be refunded.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.11 | Exemption From Tax.

Effective:
October 2, 1961
Latest Legislation:
House Bill 307 - 104th General Assembly
Bonds issued under sections 308.08 to 308.10, inclusive, of the Revised Code, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.12 | Duties of Fiscal Officer.

Effective:
January 23, 1963
Latest Legislation:
House Bill 1 - 105th General Assembly
The secretary-treasurer of the regional airport authority shall be the fiscal officer of the regional airport authority and the custodian of its funds and records and shall assist the board of directors in such particulars as it directs in the performance of its duties.
Before receiving any moneys, the sercretary-treasurer shall furnish bond in such amount as is determined by the board of trustees of the regional airport authority with surety satisfactory to it, and all funds coming into the hands of the secretary-treasurer shall be deposited by him to the account of the regional airport authority in one or more such depositories as are qualified to receive deposits of county funds, which deposits shall be secured in the same manner as county funds are required to be secured. No disbursements shall be made from such funds except in accordance with rules and regulations adopted by the board of trustees of the regional airport authority.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.14 | Authority to Contract.

Effective:
October 2, 1961
Latest Legislation:
House Bill 307 - 104th General Assembly
The board of trustees of a regional airport authority may enter into such contracts or other arrangements with the United States government or any department thereof, with the state government of this or other states, with counties, municipalities, townships, or other governmental agencies created by or under the authority of the laws of the state of Ohio or other states, with persons, with public corporations and private corporations as may be necessary or convenient for the making of surveys, investigations, or reports thereon and for the exercise of the powers granted by sections 308.01 to 308.17, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.15 | Officers and Employees Are Eligible for Public Employees Retirement System.

Effective:
September 21, 2000
Latest Legislation:
House Bill 628 - 123rd General Assembly
All officers and employees of a regional airport authority shall be considered as public employees within the meaning of section 145.01 of the Revised Code and a regional airport authority, its officers and employees shall be subject to the provisions of Chapter 145. of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.16 | Airport Authority Powers No Limit on County or Municipal Powers.

Effective:
January 23, 1963
Latest Legislation:
House Bill 1 - 105th General Assembly
Nothing in sections 308.01 to 308.17, inclusive, of the Revised Code, shall limit the exercise of the power or authority granted to counties or municipal corporations by sections 307.20, 717.01, and 719.01 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.17 | County Appropriation for Expenses.

Effective:
October 2, 1961
Latest Legislation:
House Bill 307 - 104th General Assembly
The board of county commissioners of any county included within a regional airport authority may appropriate annually, from moneys to the credit of the general fund of the county and not otherwise appropriated, that portion of the expense of the regional airport authority to be paid by such county as provided in the resolution creating the regional airport authority adopted under section 308.03 of the Revised Code, or by any amendment thereto.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.20 | Airport Development Districts - Definitions.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 259 - 133rd General Assembly
As used in sections 308.20 to 308.25 of the Revised Code:
(A) "Qualifying airport" means an airport and any contiguous airport facilities owned, operated, or maintained by any of the following:
(1) A regional airport authority under this chapter, provided the airport and facilities include territory located in two counties, one of which has a population greater than five hundred thousand but less than eight hundred thousand based on the most recent federal decennial census;
(2) A port authority created under Chapter 4582. of the Revised Code by two counties, each of which having a population greater than two hundred thousand but less than two hundred fifty thousand;
(3) A municipal corporation that is the most populous municipal corporation in a county having a population greater than five hundred thousand but less than eight hundred forty thousand. The airport and facilities owned, operated, or maintained by such a municipal corporation may include territory located in two counties.
(B) "Property owner" or "owner of property" means the person or persons in whose name a parcel is listed on the tax list or exempt list compiled by the county auditor under section 319.28 or 5713.08 of the Revised Code.
(C) "Business owner" or "owner of business" means a partner of a partnership, a member of a limited liability company, a majority shareholder of an S corporation, a person with a majority ownership interest in any other kind of pass-through entity, or any officer, employee, or agent with authority to make decisions legally binding upon a business.
(D) "Development charge agreement" means a voluntary agreement entered into under section 308.23 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.21 | Airport Development Districts - Creation.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The board of trustees of a regional airport authority, the board of directors of a port authority, or the legislative authority of a municipal corporation that owns, operates, or maintains a qualifying airport may, by resolution adopted before January 1, 2024, create an airport development district for the purpose of developing and implementing plans for public infrastructure improvements that benefit the qualifying airport and to finance expenditures to attract or retain airlines, increase the number of scheduled flights to and from the qualifying airport, or increase use of the airport by aircraft having greater passenger capacity or greater first-class seating availability. The resolution shall include a development plan for the district that, at minimum, specifies all of the following:
(1) The manner in which the nonprofit corporation that is to govern the district will be formed, operated, and organized;
(2) The manner in which the board of directors of the nonprofit corporation that is to govern the district are appointed;
(3) A plan for the public infrastructure improvements and other expenditures to be financed by the district;
(4) A description of the territory of the district, which shall consist of all parcels of real property that are located within five miles of the qualifying airport. For the purpose of this division, a parcel is located within five miles of a qualifying airport if the distance between any portion of the parcel and any portion of the qualifying airport is five miles or less.
(B) After adopting a resolution under division (A) of this section, the board of trustees of the regional airport authority, board of directors of the port authority, or legislative authority of the municipal corporation shall submit a copy to the director of development.
(C) An airport development district is not a political subdivision for any purpose prescribed in the Revised Code. A district shall be considered a public agency under section 102.01 of the Revised Code and a public authority under section 4115.03 of the Revised Code. Districts are subject to sections 121.22 and 121.23 of the Revised Code, but are not subject to sections 121.81 to 121.82 of the Revised Code.
Last updated September 11, 2023 at 10:40 AM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.24 | Airport Development Districts - Expenditures.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 259 - 133rd General Assembly
(A) The expenditures of an airport development district may include the following:
(1) The cost of creating and operating the district under this chapter, including creating and operating a nonprofit organization organized under this chapter, hiring employees and professional services, contracting for insurance, and purchasing or leasing office space or office equipment;
(2) The cost of planning, designing, and implementing public infrastructure improvements that benefit the qualifying airport, including payment of architectural, engineering, legal, appraisal, insurance, consulting, energy auditing, and planning fees and expenses, and, for public services, the management, protection, and maintenance costs of public or private facilities;
(3) The cost of airport advertising, airline recruitment, market research, ticket purchase guarantees, and incentives designed to attract or retain airlines, increase the number of scheduled flights to and from the qualifying airport, or increase use of the airport by aircraft having greater passenger capacity or greater first-class seating availability;
(4) Any court costs incurred by the district in implementing the plan outlined in the articles of incorporation; and
(5) Any damages resulting from implementing that plan.
(B) The expenditures of an airport development district shall not include financing, in whole or in part, the acquisition of any interest in property by a regional airport authority, port authority, or municipal corporation using the power of condemnation or eminent domain pursuant to Section 19 of Article I, Ohio Constitution, or any costs associated with such an acquisition.
(C) The board of directors of an airport development district is subject to the same competitive bidding and prevailing wage rules and procedures that apply to the board of trustees of the regional airport authority, the board of directors of the port authority, or the legislative authority of the municipal corporation that owns, operates, or maintains the qualifying airport.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 308 | Airport Authorities › Section 308.25 | Airport Development Districts - Dissolution.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 259 - 133rd General Assembly
(A) An airport development district exists until it is dissolved under this section. The process for dissolving an airport development district or repealing a development plan may be initiated by a petition filed with the board of directors of the district and signed by the owners of at least twenty per cent of the collective number of parcels of real property and businesses that are subject to development charge agreements.
(B) The board of directors of the district shall organize and hold a meeting to consider the petition not later than forty-five days after it is filed. The board shall notify each owner of property or a business that is subject to a development charge agreement of the time, place, and subject of the meeting at least two weeks before the meeting is held. Upon the affirmative vote of the owners of at least fifty per cent of the collective number of parcels and businesses subject to a development charge agreement, the district shall be dissolved, or the plan shall be repealed, as applicable. The dissolution of a district shall not be finalized until all debts and obligations of the district are paid in full.
(C) No rights or obligations of any person under any contract shall be affected by the dissolution of the district or the repeal of a development plan, except with the consent of that person or by order of a court with jurisdiction over the matter. Upon dissolution of a district, any assets or rights of the district, after payment of all obligations of the district, shall be returned to the property and business owners, prorated to reflect the amount of development charges collected on the owner's property in the preceding twelve months.
(D) Once the property and business owners have approved the repeal of a development plan, all obligations of the district associated with the plan shall be paid. Thereafter, the plan shall be repealed.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.01 | Election of Prosecuting Attorney.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
There shall be elected quadrennially in each county, a prosecuting attorney, who shall hold his office for four years, beginning on the first Monday of January next after his election.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.02 | Qualifications of Candidate for Prosecuting Attorney.

Effective:
August 19, 1992
Latest Legislation:
Senate Bill 243 - 119th General Assembly
No person shall be eligible as a candidate for the office of prosecuting attorney, or shall be elected to such office, who is not an attorney at law licensed to practice law in this state. No prosecuting attorney shall be a member of the general assembly of this state or mayor of a municipal corporation.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.03 | Bond of Prosecuting Attorney - Oath.

Effective:
March 20, 2019
Latest Legislation:
House Bill 291 - 132nd General Assembly
Except as otherwise provided in section 3.061 of the Revised Code, before entering upon the discharge of the official duties of the prosecuting attorney, the prosecuting attorney shall give a bond, signed by a bonding or surety company approved by the court of common pleas or the probate court and authorized to do business in this state, or, at the prosecuting attorney's option, signed by two or more freeholders having real estate in the value of double the amount of the bond over and above all encumbrances to the state. Such bond shall be in a sum not less than one thousand dollars, to be fixed by the court of common pleas or the probate court and conditioned that such prosecuting attorney will faithfully discharge all the duties enjoined upon the prosecuting attorney by law, and pay over all moneys received in the prosecuting attorney's official capacity. The expense or premium for such bond shall be paid by the board of county commissioners, and shall be charged to the general fund of the county. Such bond, with the approval of such court and the oath of office required by sections 3.22 and 3.23 of the Revised Code indorsed thereon, shall be deposited with the county treasurer.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.05 | Removal of Prosecuting Attorney for Neglect or Misconduct.

Effective:
September 16, 2004
Latest Legislation:
House Bill 252 - 125th General Assembly
On complaint, in writing, signed by one or more taxpayers, containing distinct charges and specifications of wanton and willful neglect of duty or gross misconduct in office by the prosecuting attorney, supported by affidavit and filed in the court of common pleas, the court shall assign the complaint for hearing and shall cause reasonable notice of the hearing to be given to the prosecuting attorney of the time fixed by the court for the hearing. At the time so fixed, or to which the court adjourns the hearing, the court shall hear the evidence adduced by the complainants and the prosecuting attorney. The court may consider motions for judgment on the pleadings made pursuant to Civil Rule 12, motions to dismiss made pursuant to Civil Rule 41, and motions for summary judgment made pursuant to Civil Rule 56 that are filed before the hearing. If it appears that the prosecuting attorney has willfully and wantonly neglected to perform the prosecuting attorney's duties, or has been guilty of gross misconduct in office, the court shall remove the prosecuting attorney from office and declare the office vacant. Otherwise the complaint shall be dismissed, and the court shall render judgment against the losing party for costs.
If a complaint to remove a prosecuting attorney is dismissed because the complainant or complainants failed to file an affidavit in support of the complaint, the dismissal shall be without prejudice.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.06 | Assistant Prosecuting Attorneys - Clerks - Stenographers.

Effective:
March 2, 1994
Latest Legislation:
House Bill 285 - 120th General Assembly
(A) On or before the first Monday in January of each year, the judge of the court of common pleas or, if there is more than one judge, the judges of the court of common pleas in joint session may fix an aggregate sum to be expended for the incoming year for the compensation of assistants, clerks, and stenographers of the prosecuting attorney's office.
The prosecuting attorney may appoint any assistants, clerks, and stenographers who are necessary for the proper performance of the duties of his office and fix their compensation, not to exceed, in the aggregate, the amount fixed by the judges of the court of common pleas. The compensation, after being so fixed, shall be paid to the assistants, clerks, and stenographers biweekly from the general fund of the county treasury, upon the warrant of the county auditor.
(B) Subject to section 2921.421 of the Revised Code, a prosecuting attorney may appoint, as an assistant prosecuting attorney, clerk, stenographer, or other employee, a person who is an associate or partner of, or who is employed by, the prosecuting attorney or an assistant prosecuting attorney in the private practice of law in a partnership, professional association, or other law business arrangement.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.07 | Appointment of Secret Service Officer.

Effective:
October 24, 1969
Latest Legislation:
Senate Bill 94 - 108th General Assembly
The prosecuting attorney may appoint secret service officers whose duty it shall be to aid him in the collection and discovery of evidence to be used in the trial of criminal cases and matters of a criminal nature. Such appointment shall be made for such term as the prosecuting attorney deems advisable, and subject to termination at any time by such prosecuting attorney. The compensation of said officers shall be fixed by the judge of the court of common pleas, or, if there is more than one judge, such compensation shall be fixed by the judges of such court in joint session, and shall not be less than one hundred twenty-five dollars per month for the time actually occupied in such service nor more than seventy-five per cent of the salary of the prosecuting attorney for a year. Such salary shall be payable monthly, out of the county fund, upon the warrant of the county auditor.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.10 | Provisions for Other Counsel.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 16 - 134th General Assembly
Sections 309.08 and 309.09 of the Revised Code do not prevent a school board from employing counsel to represent it, but when counsel is employed, the counsel shall be paid by the school board from the school fund. Sections 309.08 and 309.09 of the Revised Code do not prevent a county board of developmental disabilities from employing counsel to represent it, but that counsel shall be employed in accordance with division (C) of section 305.14 and paid in accordance with division (A)(7) of section 5126.05 of the Revised Code.
Sections 309.08 and 309.09 of the Revised Code do not prevent a board of county hospital trustees from employing counsel with the approval of the county commissioners to bring legal action for the collection of delinquent accounts of the hospital, but when counsel is employed, the counsel shall be paid from the hospital's funds. Sections 309.08 and 309.09 of the Revised Code do not prevent a board of library trustees from employing counsel to represent it, but when counsel is employed, the counsel shall be paid from the library's funds. Sections 309.08 and 309.09 of the Revised Code do not prevent the appointment and employment of assistants, clerks, and stenographers to assist the prosecuting attorney as provided in sections 309.01 to 309.15 of the Revised Code, or the appointment by the court of common pleas or the court of appeals of an attorney to assist the prosecuting attorney in the trial of a criminal cause pending in that court, or the board of county commissioners from paying for those services.
Last updated February 13, 2023 at 9:28 AM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.11 | Official Bonds.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The prosecuting attorney shall prepare, in legal form, the official bonds for all county officers, and shall see that the acceptance of such bonds by the proper authorities, the signing thereof, and all the indorsements thereon, are in conformity to law, and that they are deposited with the proper officer. No bond shall be accepted or approved for any county officer by the person or tribunal authorized to approve it, until the prosecuting attorney has inspected it, and certified thereon that such bond is sufficient. In case of a vacancy in the office of prosecuting attorney or of the absence or disability of the prosecuting attorney, such duties shall be discharged by the probate judge.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.12 | Protection of Public Funds.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon being satisfied that funds of the county, or public moneys in the hands of the county treasurer or belonging to the county, are about to be or have been misapplied, or that any such public moneys have been illegally drawn or withheld from the county treasury, or that a contract, in contravention of law, has been executed or is about to be entered into, or that such a contract was procured by fraud or corruption, or that any property, real or personal, belonging to the county is being illegally used or occupied, or that such property is being used or occupied in violation of contract, or that the terms of a contract made by or on behalf of the county are being or have been violated, or that money is due the county, the prosecuting attorney may, by civil action in the name of the state, apply to a court of competent jurisdiction, to restrain such contemplated misapplication of funds, or the completion of such illegal contract, or to recover, for the use of the county, all public moneys so misapplied or illegally drawn or withheld from the county treasury, or to recover damages, for the benefit of the county, resulting from the execution of such illegal contract, or to recover, for the benefit of the county, such real or personal property so used or occupied, or to recover for the benefit of the county, damages resulting from the nonperformance of the terms of such contract, or to otherwise enforce it, or to recover such money as is due the county.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.13 | Taxpayer's Suit.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the prosecuting attorney fails, upon the written request of a taxpayer of the county, to make the application or institute the civil action contemplated in section 309.12 of the Revised Code, the taxpayer may make such application or institute such civil action in the name of the state, or, in any case wherein the prosecuting attorney is authorized to make such application, such taxpayer may bring any suit or institute any such proceedings against any county officer or person who holds or has held a county office, for misconduct in office or neglect of his duty, to recover money illegally drawn or illegally withheld from the county treasury, and to recover damages resulting from the execution of such illegal contract.
If such prosecuting attorney fails upon the written request of a taxpayer of the county, to bring such suit or institute such proceedings, or if for any reason the proseucting attorney cannot bring such action, or if he has received and unlawfully withheld moneys belonging to the county, or has received or drawn public moneys out of the county treasury which he is not lawfully entitled to demand and receive, a taxpayer, upon securing the costs, may bring such suit or institute such proceedings, in the name of the state. Such action shall be for the benefit of the county, as if brought by the prosecuting attorney.
If the court hearing such case is satisfied that such taxpayer is entitled to the relief prayed for in his petition, and judgment is ordered in his favor, he shall be allowed his costs, including a reasonable compensation to his attorney.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.14 | Injuries to Timber.

Effective:
July 1, 1985
Latest Legislation:
House Bill 201 - 116th General Assembly
When trees standing or growing on any land belonging to the state, or to any school district, are, without lawful authority, cut down, or in any way injured, the prosecuting attorney shall prosecute the wrongdoer, and shall seize all timber so cut down, if it can be found, and sell it at public vendue, on five days' notice. The prosecuting attorney shall pay the proceeds of such sale into the state treasury to the credit of the general revenue fund, or into the county treasury to the credit of the school district, as the case may be.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.15 | Annual Report to Attorney General.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
On or before the first day of September in each year, if so required by the attorney general by a written notice given on or before the first day of August, the prosecuting attorney shall transmit to the attorney general a report of all crimes prosecuted by indictment or information in his county for the year ending the first day of July, specifying:
(A) Under the head of felonies:
(1) The number convicted;
(2) The number acquitted;
(3) The amount of costs incurred;
(4) The amount of costs collected.
(B) Under the head of misdemeanors:
(1) The number convicted;
(2) The number acquitted;
(3) The amount of fines imposed;
(4) The amount of fines collected;
(5) The amount of costs incurred;
(6) The amount of costs collected.
(C) Such other information as the attorney general requires.
The attorney general may prepare and forward to the prosecuting attorney the necessary blanks and instructions for such annual reports. Prosecuting attorneys shall furnish to the attorney general any information he requires in the execution of his office, whenever such information is requested by him.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.17 | Action to Reclaim Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the prosecuting attorney of a county is informed that a person has in his possession money or other property belonging to a person found dead within such county, upon whose estate no letters of administration have been issued, the prosecuting attorney, by notice in writing, shall require the person having such money or other property to deposit it with the probate court. If within fifteen days such person does not comply with such requirement, the prosecuting attorney shall bring suit in the court of common pleas, in the name of the state, for the recovery thereof, and, when recovered, it shall be at the disposition of the probate court.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 309 | Prosecuting Attorney › Section 309.18 | Victim to Be Notified of Escape of Violent Offender; Assistance From Prosecuting Attorneys.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
(A) If a prosecuting attorney of a county receives notice from the sheriff of the county pursuant to section 341.011 of the Revised Code that a person indicted for or otherwise charged with an offense of violence that is a felony and that was committed in the county has escaped from the county jail or workhouse or otherwise has escaped from the custody of the sheriff or receives notice from a chief of police or other chief law enforcement officer of a municipal corporation pursuant to section 753.19 of the Revised Code that a person indicted for or otherwise charged with an offense of violence that is a felony and that was committed in the county has escaped from a jail or workhouse of that municipal corporation or otherwise has escaped from the custody of that municipal corporation, the prosecuting attorney shall notify each victim of an offense of violence that is a felony committed by that person of the person's escape and, if applicable, of the person's subsequent apprehension. The notice of escape shall be given as soon as possible after receipt of the notice from the department, sheriff, or chief law enforcement officer of the municipal corporation and shall be given by telephone or in person, except that, if a prosecuting attorney tries and fails to give the notice of escape by telephone at the victim's last known telephone number or tries and fails to give the notice of escape in person at the victim's last known address, the notice of escape shall be given to the victim at the victim's last known address by certified mail, return receipt requested. The notice of apprehension shall be given as soon as possible after the person is apprehended and shall be given in the same manner as is the notice of escape.
Any prosecuting attorney who fails to give any notice required by this division is immune from civil liability for any injury, death, or loss to person or property that might be incurred as a result of that failure to give notice.
(B) If a prosecuting attorney of a county receives notice from the department of rehabilitation and correction pursuant to section 5120.14 of the Revised Code or otherwise receives notice from the department that a person who was convicted of or pleaded guilty in that county to an offense of violence that is a felony has escaped from a correctional institution under the control of the department or otherwise has escaped from the custody of the department, and if the office of victim services of the department requests assistance from the prosecuting attorney in identifying and locating the victim of the offense, the prosecuting attorney promptly shall provide the information requested, if available, to the office of victim services.