reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.61 | Public Meeting Before Power Siting Board Application for Certificate or Amendment.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located.
(B) The applicant shall provide written notice of the public meeting to the board of county commissioners of the county, as well as the boards of trustees of every township in which the utility facility is to be located within that county. Notice shall be provided at least fourteen days prior to the meeting.
(C) At the public meeting, the applicant shall provide the following information:
(1) The person intending to apply for a certificate shall provide the following information to the board of county commissioners:
(a) Whether the utility facility will be:
(i) A large wind farm;
(ii) An economically significant wind farm; or
(iii) A large solar facility.
(b) The maximum nameplate capacity of the utility facility;
(c) A map of the proposed geographic boundaries of the project within that county.
(2) The person intending to apply for a material amendment that makes any change or modification to an existing certificate shall comply with the requirements of this section when providing information regarding that change or modification to the board of county commissioners.
(3) All of the information described in divisions (C)(1) and (2) of this section shall be submitted to the board of county commissioners in written form.
Last updated July 23, 2021 at 4:44 PM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.62 | County Commissioner Prohibition or Limitation Resolution After Public Meeting.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) Not later than ninety days after the public meeting described in section 303.61 of the Revised Code regarding an application for a certificate, or a material amendment to an existing certificate, for a utility facility, the board of county commissioners may adopt a resolution that does either of the following:
(1) Prohibits the construction of the utility facility that is the subject of the certificate;
(2) Limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant.
(B) If no resolution is adopted within the time required under this section, the application may proceed as filed with the power siting board.
(C) No resolution adopted under this section shall prevent an applicant from filing another proposal for consideration by the board of county commissioners at a later date.
Last updated July 23, 2021 at 4:44 PM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.65 | Claim Preclusion and Zoning Appeals.

Effective:
October 3, 2023
Latest Legislation:
Senate Bill 21 (GA 135),  House Bill 33 (GA 135)
A final judgment on the merits issued by a court of competent jurisdiction pursuant to its power of review under Chapter 2506. of the Revised Code, on claims brought under this chapter, does not preclude later claims for damages, including claims brought under 42 U.S.C. 1983, even if the common law doctrine of res judicata would otherwise bar the claim.
The general assembly intends that this section be construed to override the federal sixth circuit court of appeals's decision in the case Lavon Moore v. Hiram Twp., 988 F.3d 353 (6th Cir. 2021).
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated August 30, 2023 at 3:32 PM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 303 | County Zoning; Renewal; Wind and Solar Generation Restrictions › Section 303.99 | Penalty.

Effective:
June 14, 2000
Latest Legislation:
House Bill 544 - 123rd General Assembly
Whoever violates sections 303.01 to 303.25 of the Revised Code shall be fined not more than five hundred dollars for each offense.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 304 | Electronic Records and Signatures › Section 304.01 | Definitions.

Effective:
November 5, 2004
Latest Legislation:
House Bill 204 - 125th General Assembly
As used in this chapter:
(A) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
(B) "County office" means any officer, department, board, commission, agency, court, or other instrumentality of a county.
(C) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(D) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.
(E) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(F) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(G) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or other legal or commercial entity.
(H) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(I) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 304 | Electronic Records and Signatures › Section 304.02 | County Office to Adopt Security Procedure Prior to Use.

Effective:
November 5, 2004
Latest Legislation:
House Bill 204 - 125th General Assembly
Prior to the use of electronic records and electronic signatures by a county office under Chapter 1306. of the Revised Code, and except as otherwise provided in section 955.013 of the Revised Code, a county office shall adopt, in writing, a security procedure for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. A security procedure includes, but is not limited to, a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 304 | Electronic Records and Signatures › Section 304.03 | Authorized Electronic Filing to Have Same Effect as Paper Filing.

Effective:
November 5, 2004
Latest Legislation:
House Bill 204 - 125th General Assembly
(A) Whenever any rule or law requires or authorizes the filing of any information, notice, lien, or other document or record with any county office, a filing made by an electronic record shall have the same force and effect as a filing made on paper in all cases where the county office has authorized or agreed to the electronic filing and the filing is made in accordance with applicable rules or an applicable agreement.
(B) Nothing in this section authorizes or shall be construed to authorize the use of a financial transaction device in an electronic transaction for the acceptance of payments for county expenses, except pursuant to section 301.28 or 955.013 of the Revised Code.
(C) As used in this section, "financial transaction device" and "county expenses" have the same meanings as in section 301.28 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 304 | Electronic Records and Signatures › Section 304.04 | Use Not Required.

Effective:
November 5, 2004
Latest Legislation:
House Bill 204 - 125th General Assembly
Nothing in this chapter or Chapter 1306. of the Revised Code requires or shall be construed to require any county office to use or permit the use of electronic records and electronic signatures.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.01 | Board of County Commissioners - Election, Term.

Effective:
February 25, 1972
Latest Legislation:
Senate Bill 322 - 109th General Assembly
The board of county commissioners shall consist of three persons who shall be elected as follows:
(A) In November, 1974, and quadrennially thereafter, one county commissioner shall be elected to take office on the first day of January following.
(B) In November, 1972, and quadrennially thereafter, two commissioners shall be elected. The term of one of such commissioners shall commence on the second day of January next after his election, and the term of the other commissioner shall commence on the third day of January next after his election.
(C) Thereafter such officers shall hold office for the term of four years and until their successors are elected and qualified.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.04 | Bond of County Commissioners - Oath of Office.

Effective:
March 20, 2019
Latest Legislation:
House Bill 291 - 132nd General Assembly
Before entering upon the discharge of official duties, each county commissioner, except as otherwise provided in section 3.061 of the Revised Code, shall give bond, signed by a bonding or surety company authorized to do business in this state, or, at the county commissioner's option, 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, in a sum not less than five thousand dollars, and the surety company to be approved by the probate judge of the county. The bond shall be conditioned for the faithful discharge of the commissioner's official duties, and for the payment of any loss or damage that the county may sustain by reason of the commissioner's failure in such duties. Such bond, with the oath of office and approval of the probate judge indorsed thereon, shall be deposited with the county treasurer and kept in the treasurer's office. The expense or premium for such bond shall be paid by the board of county commissioners and charged to the general fund of the county. Such surety may be discharged in the manner provided by section 2109.18 of the Revised Code for the release of sureties of guardians.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.05 | Organization; Election of President.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The board of county commissioners shall organize not later than the second Monday of January of each year, by the election of one of its members as president for a term of one year. The member so elected shall preside at all regular and special sessions of the board. If the position of president becomes vacant during the year, the board shall select one of its members to preside.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.06 | Regular Sessions.

Effective:
August 5, 1998
Latest Legislation:
House Bill 419 - 122nd General Assembly
(A) The board of county commissioners shall conduct at least fifty regular sessions each year, at an office provided for the board in the county seat or at another location as provided in division (B) of this section. Each of these sessions shall be conducted at a specific time fixed in advance. At each meeting the board shall transact such business as it considers necessary or as required by law.
(B) The board of county commissioners may provide by resolution for the holding of any or all regular sessions of the board at a location in the county other than the office provided for the board in the county seat. The adoption of the resolution and the location where the session or sessions will be held shall be entered on the journal of the board. The board shall give reasonable public notice of its action taken pursuant to this division, in accordance with division (F) of section 121.22 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.07 | Special Sessions.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
(A) Special sessions of the board of county commissioners may be held as often as the commissioners deem it necessary. At a regular or special session, the board may make any necessary order or contract in relation to the building, furnishing, repairing, or insuring of public buildings or bridges; the employment of janitors; the improvements or enclosure of public grounds; the maintenance or support of persons with developmental disabilities or persons with mental illnesses; the expenditure of any fund; or the board may provide for the reconstruction or repair of any bridge destroyed by fire, flood, or otherwise. The board shall comply with division (F) of section 121.22 of the Revised Code. The board may do any other official act not, by law, restricted to a particular regular session.
(B) The board of county commissioners may provide by resolution for the holding of special sessions of the board at a location in the county other than the usual office of the board at the county seat. The adoption of the resolution and the location where the sessions will be held shall be entered on the journal of the board. The board shall give reasonable public notice of its action taken pursuant to this division, in accordance with division (F) of section 121.22 of the Revised Code.
Last updated March 10, 2023 at 10:57 AM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.09 | Proceedings of Board of County Commissioners.

Effective:
July 18, 2008
Latest Legislation:
Senate Bill 84 - 127th General Assembly
All the proceedings of the board of county commissioners shall be public, at the office provided for the board in the county seat, or at another location, as provided in division (B) of section 305.06 or division (B) of section 305.07 of the Revised Code, and, as far as possible, shall be in conformity with the rules of parliamentary law.
If the clerk of the board maintains the full record of the proceedings by electronic means, the chairperson of the board, prior to complying with section 305.11 of the Revised Code, shall announce that the record is being maintained in such a manner and, during the proceedings, shall ensure that each person self-identifies prior to speaking during the proceedings.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.10 | Written or Electronic Record and Index of Proceedings.

Effective:
July 18, 2008
Latest Legislation:
Senate Bill 84 - 127th General Assembly
(A) Except as otherwise provided in division (B) of this section, the clerk of the board of county commissioners shall keep a full written record of the proceedings of the board, and a written general index of those proceedings, entering each motion with the name of the person making it on the record. The clerk shall call and record the yeas and nays on each motion. The clerk shall state fully and clearly in the record any question relating to the powers and duties of the board which is raised for its consideration by any person having an interest therein, together with the decision on such question, and shall call and record the yeas and nays by which the decision is made. When requested by a party interested in the proceedings or by a party's counsel, the clerk shall record any legal proposition decided by the board, the decision thereon, and the votes by which the decision is reached. If either party, in person or by counsel, takes exception to such decision, the clerk shall record the exceptions with the record of the decision.
(B) A board of county commissioners may elect to maintain a full record of its proceedings by electronic means, including, but not limited to, those listed in section 9.01 of the Revised Code, by adopting a resolution that directs the clerk to maintain a full record of the proceedings by electronic means. The clerk also shall maintain a general index of the electronic record in either a written form or by electronic means, as determined by the board in its resolution. The board's resolution also may authorize the clerk to maintain a written summary of the record of the proceedings, provided that the summary shall include a notation that the full record of proceedings is maintained by electronic means. If the electronic means malfunctions, the clerk shall create the full written record of the proceedings as described in division (A) of this section.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.11 | Signing of Record.

Effective:
July 18, 2008
Latest Legislation:
Senate Bill 84 - 127th General Assembly
Immediately upon the opening of each day's session of the board of county commissioners, the records of the proceedings of the session of the previous day shall be read, or provided to each commissioner in written form, by the clerk of the board and, if correct, approved and signed by the commissioners. In the alternative, if the clerk maintains the full record of the proceedings by electronic means as authorized by division (B) of section 305.10 of the Revised Code, the board shall orally approve the electronic record of proceedings at the previous meeting after the clerk certifies that the entire record of the proceedings at that meeting is completely and accurately captured in the electronic record of those proceedings. When the board is not in session, the record of proceedings shall be kept in the county auditor's office or, if the county has a full-time clerk, in the county commissioners' office, open at all proper times to public inspection. It shall be certified by the president and clerk of the board and shall be received as evidence in every court in the state.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.12 | Liability of Commissioners.

Effective:
December 30, 2008
Latest Legislation:
Senate Bill 129 - 127th General Assembly
The board of county commissioners may sue and be sued, and plead and be impleaded, in any court. It may bring, maintain, and defend suits involving an injury to any public, state, or county road, bridge, ditch, drain, or watercourse in the county with respect to which the county has the primary responsibility to keep in proper repair, and for the prevention of injury to them. The board shall demand and receive, by suit or otherwise, any real estate or interest in real estate, legal or equitable, belonging to the county, or any money or other property due the county. The money so recovered shall be paid into the county treasury, and the board shall take the county treasurer's receipt for it and file it with the county auditor. The board of county commissioners may enter into contracts with municipal corporations and townships pursuant to division (D) of section 715.72 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.13 | Appointment of Clerk.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the board of county commissioners finds it necessary for the clerk of the board to devote his entire time to the discharge of the duties of such position, it may appoint a full time clerk, in place of the county auditor, and such necessary assistants to the clerk as the board deems necessary. Such clerk shall perform the duties required by sections 305.10 and 305.11 of the Revised Code and by the board.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.14 | Employment of Legal Counsel.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) The court of common pleas, upon the application of the prosecuting attorney and the board of county commissioners, may authorize the board to employ legal counsel to assist the prosecuting attorney, the board, or any other county officer in any matter of public business coming before such board or officer, and in the prosecution or defense of any action or proceeding in which such board or officer is a party or has an interest, in its official capacity.
(B) The board of county commissioners may also employ legal counsel, as provided in section 309.09 of the Revised Code, to represent it in any matter of public business coming before such board, and in the prosecution or defense of any action or proceeding in which such board is a party or has an interest, in its official capacity.
(C) Notwithstanding division (A) of this section and except as provided in division (D) of this section, a county board of developmental disabilities or a public children services agency may, without the authorization of the court of common pleas, employ legal counsel to advise it or to represent it or any of its members or employees in any matter of public business coming before the board or agency or in the prosecution or defense of any action or proceeding in which the board or agency in its official capacity, or a board or agency member or employee in the member's or employee's official capacity, is a party or has an interest.
(D)(1) In any legal proceeding in which the prosecuting attorney is fully able to perform the prosecuting attorney's statutory duty to represent the county board of developmental disabilities or public children services agency without conflict of interest, the board or agency shall employ other counsel only with the written consent of the prosecuting attorney. In any legal proceeding in which the prosecuting attorney is unable, for any reason, to represent the board or agency, the prosecuting attorney shall so notify the board or agency, and, except as provided in division (D)(2) of this section, the board or agency may then employ counsel for the proceeding without further permission from any authority.
(2) A public children services agency that receives money from the county general revenue fund must obtain the permission of the board of county commissioners of the county served by the agency before employing counsel under division (C) of this section.
Last updated May 26, 2022 at 11:28 AM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.15 | Employment of Engineer.

Effective:
March 3, 1983
Latest Legislation:
House Bill 547 - 114th General Assembly
When the services of an engineer are required with respect to roads, turnpikes, ditches, bridges, or any other matter, and when, on account of the amount of work to be performed, the board of county commissioners deems it necessary, upon the written request of the county engineer, the board may employ a registered professional engineer and as many assistant engineers, rodmen, and inspectors as are needed, and may also enter into contracts with any person, firm, partnership, association, or corporation qualified to perform engineering services in the state for this purpose and fix the compensation therefor. In awarding such contracts the board shall not be required to comply with sections 153.40 and 5555.61 of the Revised Code. If no such contract is entered into, the board shall furnish suitable offices, necessary books, stationery, instruments, and implements for the proper performance of the duties imposed on the engineer, assistant engineers, rodmen, and inspectors by such board.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.16 | Other Employees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners may employ a superintendent, and such watchmen, janitors, and other employees as are necessary for the care and custody of the court house, jail, and other county buildings, bridges, and other property under its jurisdiction and control.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.17 | Compensation of Employees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners shall fix the compensation of all persons appointed or employed under sections 305.13 to 305.16, inclusive, of the Revised Code, which, with their reasonable expenses, shall be paid from the county treasury upon the allowance of the board. No law requiring a certificate that the money for such compensation and expenses is in the treasury shall apply to the appointment or employment of such persons.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.172 | Health Savings Account Program.

Effective:
August 17, 2006
Latest Legislation:
House Bill 46 - 126th General Assembly
As used in this section, "county officer or employee" includes, but is not limited to, a member or employee of the county board of elections.
The board of county commissioners of any county may establish and maintain a health savings account program whereby county officers or employees may establish and maintain health savings accounts in accordance with section 223 of the Internal Revenue Code. Public moneys may be used to pay for or fund federally qualified high deductible health plans that are linked to health savings accounts or to make contributions to health savings accounts.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.18 | Annual Inventory.

Effective:
September 16, 1963
Latest Legislation:
House Bill 610 - 105th General Assembly
Each county officer or department head shall make an inventory, on the second Monday in January of each year, of all the materials, machinery, tools, and other county supplies under the jurisdiction of such county officer or department head. Such inventory shall be a public record, made in duplicate, and one copy shall be filed with the clerk of the board of county commissioners and one copy with the county auditor.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.19 | Duty as to Reports of County Officers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners shall compare the annual reports and statements made to it by the prosecuting attorney, clerk of the court of common pleas, sheriff, and county treasurer, take all necessary measures to rectify errors in such reports and to trace and correct any discrepancies between them, and place on its journal the result of such examination. All such reports shall be recorded by the county auditor in a book kept specially for that purpose.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.22 | Shall Provide Place for Holding Courts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Until proper buildings are erected for the permanent seat of justice in a county, the board of county commissioners shall provide a suitable place for holding the courts of such county.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.25 | When Contracts Valid.

Effective:
October 27, 1981
Latest Legislation:
Senate Bill 114 - 114th General Assembly
No contract entered into by the board of county commissioners, or order made by it, shall be valid unless it has been assented to at a regular or special session of the board, and entered in the minutes of its proceedings by the county auditor or the clerk of the board.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.26 | May Release or Compound Claims.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners may compound or release, in whole or in part, a debt, judgment, fine, or amercement due the county and for the use thereof, except where it or any of its members is personally interested. In such case the board shall enter upon its journal a statement of the facts in the case and the reasons for such release or composition.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.27 | Interest in County Contracts Prohibited - Exception.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No county commissioner shall be concerned, directly or indirectly, in any contract for work to be done or material to be furnished for the county. For a violation of this section, a commissioner shall forfeit not less than two hundred nor more than two thousand dollars, to be recovered by a civil action, in the name of the state, for use of the county. Such commissioner shall also forfeit, in like manner, any compensation he may have received on such contract.
This section does not apply where a commissioner, being a shareholder of a corporation but not an officer or director, owns not in excess of five per cent of the stock of such corporation and the value of the stock so owned does not exceed five hundred dollars. If a stockholder desires to avail himself of the exception provided in this section, before entering upon such contract he shall first file with the clerk of the board of commissioners an affidavit stating his exact status and connection with such corporation.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.28 | Criminal Justice Regional Information Fund.

Effective:
September 29, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
If a board of county commissioners by resolution elects to participate in a criminal justice regional information system as provided in section 2949.093 of the Revised Code, the board also shall create in its county treasury a criminal justice regional information fund. All money deposited into the fund shall be used only as provided in that section.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.29 | County Administrator - Appointment.

Effective:
August 30, 1957
Latest Legislation:
House Bill 791 - 102nd General Assembly
The board of county commissioners may appoint a county administrator, who shall be the administrative head of the county under the direction and supervision of the board and who shall hold office at the pleasure of the board.
In the event that the county administrator is absent from his office by reason of illness, death, vacation, resignation, or removal, the chairman of the board or a qualified person designated by him with the approval of the board shall act as county administrator and perform all duties of such office, until such time as the county administrator returns to his duties or the board appoints a new county administrator to fill the vacancy.
The board shall fix the salary of the county administrator and cause the same to be paid.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.30 | County Administrator - Powers and Duties.

Effective:
September 29, 1999
Latest Legislation:
Senate Bill 31 - 123rd General Assembly
The county administrator, under the direction of the board of county commissioners, shall do the following:
(A) Assist in the administration, enforcement, and execution of the policies and resolutions of the board;
(B) Supervise and direct the activities of the affairs of the divisions of county government under the control or jurisdiction of the board;
(C) Attend all meetings of the board at which the administrator's attendance is required by that body;
(D) Recommend measures for adoption to the board;
(E) Prepare and submit to the board reports required by that body, or reports that it considers advisable;
(F) Keep the board fully advised on the financial conditions of the county, preparing and submitting a budget for the next fiscal year;
(G) Contract on behalf of the board within limits provided by a resolution of the board, provided that the resolution authorizing such actions shall also specify the types of contracts upon which the administrator may act without further resolution of the board;
(H) Allow and pay claims for goods received and services rendered within limits provided by a resolution of the board, provided that the county department receiving those goods and services certifies their receipt before the administrator allows the claim;
(I) Perform any or all personnel functions otherwise conferred or incumbent upon the board of county commissioners under Chapter 124. or any other chapter or section of the Revised Code, provided that the board, by resolution, has delegated the specific functions to the administrator;
(J) Perform any or all functions conferred or incumbent upon the board of county commissioners in the case of a disaster or emergency, provided that the board, by resolution, has delegated the specific functions or all of the functions to the administrator. As used in this division, "disaster" and "emergency" have the same meanings as in divisions (E) and (F) of section 5502.21 of the Revised Code.
(K) Perform such additional duties as the board may determine by resolution.
The board of county commissioners may assign to such county administrator any office, position, or duties under its control, such office, position, and duties to be performed under the direction and supervision of the board and to be in addition to those set forth in this section.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.32 | Separate Petition Papers.

Effective:
March 23, 1981
Latest Legislation:
House Bill 1062 - 113th General Assembly
Any referendum petition may be presented in separate petition papers, but each petition paper shall contain a full and correct copy of the title and text of the resolution or rule sought to be referred. Referendum petitions shall be governed by the rules of section 3501.38 of the Revised Code. In determining the validity of any such petition, all signatures which are found to be irregular shall be rejected, but no petition shall be declared invalid in its entirety when one or more signatures are found to be invalid except when the number of valid signatures is found to be less than the total number required by section 305.31 of the Revised Code.
The petitions and signatures upon such petitions shall be prima-facie presumed to be in all respects sufficient. No resolution submitted to the electors of any county, and receiving an affirmative majority of the votes cast thereon, shall be held ineffective or void on account of the insufficiency of the petitions by which such submission of the resolution was procured, nor shall the rejection, by a majority of the votes cast thereon, of any resolution submitted to the electors of such county, be held invalid for such insufficiency. No rule submitted to the electors of the county, and receiving a majority of the votes cast against repeal, shall be held invalid or void on account of the insufficiency of the petitions by which such submission was procured, nor shall the repeal, by approval of a majority voting for repeal, be held invalid for such insufficiency.
Resolutions receiving an affirmative majority of the votes cast thereon, shall become effective on the first day of the month following certification by the board of elections of the official vote on such question.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.33 | Filing Certified Copy of Commissioners' Resolution Before Circulating Referendum Petition.

Effective:
May 8, 1996
Latest Legislation:
Senate Bill 158 - 121st General Assembly
Whoever files a referendum petition against any resolution shall, before circulating such petition, file a certified copy of the resolution with the county auditor and with the county board of elections.
As used in this section, "certified copy" means a copy containing a written statement attesting that it is a true and exact reproduction of the original resolution.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.34 | Form of Petition.

Effective:
December 12, 1967
Latest Legislation:
House Bill 919 - 107th General Assembly
At the top of each part of the petition mentioned in section 305.33 of the Revised Code, the following words shall be printed in red:
NOTICE
Whoever knowingly signs this petition more than once, signs a name other than his own, or signs when not a legal voter is liable to prosecution.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.35 | Designating Petition Committee.

Effective:
January 12, 1979
Latest Legislation:
House Bill 513 - 112th General Assembly
The petitioners may designate in any referendum petition a committee of not less than three of their number, who shall be regarded as filing the petition. After a petition has been filed with the county auditor it shall be kept open for public inspection for ten days. If, after a verified referendum petition has been filed against any resolution or rule, the board of county commissioners repeals or rescinds such, or it is held to be invalid, the board of elections shall not submit such resolution or rule to a vote of the electors.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.36 | Circulator of Referendum Petition to File Statement.

Effective:
March 23, 1981
Latest Legislation:
House Bill 1062 - 113th General Assembly
(A) The circulator of a referendum petition, or his agent, shall, within five days after such petition is filed with the county auditor, file a statement, made under penalty of election falsification, showing in detail:
(1) All moneys or things of value paid, given, or promised for circulating such petition;
(2) Full names and addresses of all persons to whom such payments or promises were made;
(3) Full names and addresses of all persons who contributed anything of value to be used in circulating such petitions;
(4) Time spent and salaries earned while circulating or soliciting signatures to petitions by persons who were regular salaried employees of some person who authorized them to solicit signatures for or circulate the petition as a part of their regular duties.
(B) The statement provided for in division (A) of this section is not required from persons who take no other part in circulating a petition other than signing declarations to parts of the petition and soliciting signatures to them.
(C) Such statement shall be open to public inspection for a period of one year.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.41 | Prohibited Acts.

Effective:
December 12, 1967
Latest Legislation:
House Bill 919 - 107th General Assembly
No person shall, directly or indirectly, by intimidation or threats, influence or seek to influence any person to sign or abstain from signing, or to solicit signatures to or abstain from soliciting signatures to a referendum petition.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.42 | Provisions Apply to Petitions Filed Under Other Chapters.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
Sections 305.32 to 305.41 and 305.99 of the Revised Code apply to petitions authorized by sections 307.791, 322.021, 4504.021, and 5739.022 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.43 | Conflict and Appointment of New Commissioner.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 224 - 134th General Assembly
If a county commissioner is required by law to serve as an ex officio member on a board, commission, or other body of the county or of another political subdivision, including a joint district, but has or may have a conflict of interest under division (D) of section 102.03 of the Revised Code, or has or may have an unlawful interest in a public contract under section 2921.42 of the Revised Code, regarding the commissioner's membership on that body, the other two county commissioners shall appoint an individual to serve on that body in place of the commissioner who has or may have a conflict or unlawful interest.
Last updated October 20, 2022 at 4:56 PM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 305 | Board of County Commissioners - Generally › Section 305.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
Whoever violates section 305.38, 305.39, or 305.41 of the Revised Code is guilty of a minor misdemeanor.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 306 | County Transit System; Regional Transit Authority; Regional Transit Commission › Section 306.01 | Establishing County Transit System.

Effective:
October 25, 1995
Latest Legislation:
House Bill 61 - 121st General Assembly
(A) Whenever the county commissioners of any county declare, by resolution, that it is essential to the best interests of the county that a county transit system be established, the commissioners shall either appoint a county transit board, with powers and duties as specified by sections 306.01 to 306.13 and section 306.99 of the Revised Code, or state in the resolution that the board of county commissioners itself shall operate the county transit system and assume all the powers and duties assigned to a board of county commissioners in sections 306.04, 306.06, 306.08, 306.09, 306.10, 306.12, and 306.13 of the Revised Code; except that no county transit board shall be appointed nor any county transit system established in any county which is included in whole or in part in a regional transit authority established pursuant to sections 306.30 to 306.53 of the Revised Code.
(B) Once a county transit system has been established, the board of county commissioners may, by resolution, change the governing board for the system from the board of county commissioners to a county transit board, or from a county transit board to the board of county commissioners. If the resolution transfers the governing authority from the county transit board to the board of county commissioners, the transfer shall not occur for six months after the date of the resolution. On the date of transfer, the transit board shall be dissolved, the board of county commissioners shall assume all contracts, property, and debts of the transit board, and all transit employees shall be transferred to the control of the board of county commissioners. The board of county commissioners shall collect all taxes levied by the transit board for the county transit system.
If the resolution transfers the governing authority to a county transit board, the board of county commissioners shall appoint a board under section 306.02 of the Revised Code. All transit employees except the executive director of the system shall be transferred to the control of the county transit board. The board of county commissioners shall transfer to the transit board, and the transit board shall assume, all contracts, property, and debts of the county relative to the transit system. The county shall continue to collect any taxes it levies for the transit system, but the proceeds shall be deposited in the funds of the transit board for the transit purposes for which they were levied.
(C) Any county that has a county transit system operated by the board of county commissioners shall create within the county general fund an account for the county transit system.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 306 | County Transit System; Regional Transit Authority; Regional Transit Commission › Section 306.02 | Members of Board, Qualifications, Terms.

Effective:
October 25, 1995
Latest Legislation:
House Bill 61 - 121st General Assembly
A county transit board authorized by section 306.01 of the Revised Code shall consist of seven members. All members shall be electors of the county, shall be appointed by the board of county commissioners, and shall have such qualifications as the board of county commissioners may establish in its resolution under section 306.01 of the Revised Code. The appointments shall be for overlapping three-year terms, provided that of the initial terms, two shall be for one year, two for two years, and three for three years. Appointments thereafter shall be for the full term of three years except that any vacancy which occurs during a term shall be filled for the unexpired term. The county commissioners shall fill any vacancy which occurs in the board within ninety days after the occurrence of the vacancy.
The members of the board shall not be interested financially in any contract, work, or service for the county.
The county commissioners shall designate a chairman for the term of his office or for the term of three years, whichever is shorter and shall fill any vacancy in such position. The compensation of the members of the board shall be determined by the county commissioners. The county commissioners may fix the chairman's salary above those of the other board members. No more than four members of the board shall belong to the same political party.
A member of the board may be removed for cause by the county commissioners, but only after opportunity has been afforded for a public hearing before the county commissioners within ten days after written charges have been given such member. Such member shall be heard in person or by counsel and action by the county commissioners shall be final.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 306 | County Transit System; Regional Transit Authority; Regional Transit Commission › Section 306.03 | Organization of County Transit Board.

Effective:
October 25, 1995
Latest Legislation:
House Bill 61 - 121st General Assembly
As soon as possible after the appointment of the initial members, a county transit board shall organize for the transaction of business, elect a vice-chairman and secretary and prescribe their duties, designate a fiscal officer who need not be a member of the board, and adopt bylaws, rules, and regulations to govern its proceedings. Thereafter the board shall hold regular meetings at least once every month. Special meetings may be called by the chairman, or at the request of any two members. All meetings shall be open to the public and the board shall keep full and accurate minutes of its proceedings, and minutes of its proceedings shall be maintained as a public record.
A majority of the board shall constitute a quorum for the contract of business at its meetings. The board shall act by resolution and a concurrence of four members shall be sufficient for action by the board.