Bill Text: OH HB566 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To make clear that the prosecuting attorney of a county is the legal adviser of all tax-supported public libraries.

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Introduced - Dead) 2010-08-09 - To Local Government/Public Administration [HB566 Detail]

Download: Ohio-2009-HB566-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 566

Representative Murray 

Cosponsors: Representatives Hagan, Harris, Evans, Gardner, Pillich, McGregor, Walter, Lundy, Slesnick, Skindell, Letson, Chandler, Stebelton 

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A BILL

To amend section 309.09 of the Revised Code to make

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clear that the prosecuting attorney of a county is

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the legal adviser of all tax-supported public

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libraries.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 309.09 of the Revised Code be amended	5
to read as follows:	6

Sec. 309.09.  (A) The prosecuting attorney shall be the legal	7
adviser of the board of county commissioners, board of elections,	8
and all other county officers and boards, includingand all	9
tax-supported public libraries, and any of them may require	10
written opinions or instructions from the prosecuting attorney in	11
matters connected with their official duties. The prosecuting	12
attorney shall prosecute and defend all suits and actions which	13
that any such officer or, board, or tax-supported public library	14
directs or to which it is a party, and no county officer may	15
employ any other counsel or attorney at the expense of the county,	16
except as provided in section 305.14 of the Revised Code.	17

(B)(1) The prosecuting attorney shall be the legal adviser	18
for all township officers, boards, and commissions, unless,	19
subject to division (B)(2) of this section, the township has	20
adopted a limited home rule government pursuant to Chapter 504. of	21
the Revised Code and has not entered into a contract to have the	22
prosecuting attorney serve as the township law director, in which	23
case, subject to division (B)(2) of this section, the township law	24
director, whether serving full-time or part-time, shall be the	25
legal adviser for all township officers, boards, and commissions.	26
When the board of township trustees finds it advisable or	27
necessary to have additional legal counsel, it may employ an	28
attorney other than the township law director or the prosecuting	29
attorney of the county, either for a particular matter or on an	30
annual basis, to represent the township and its officers, boards,	31
and commissions in their official capacities and to advise them on	32
legal matters. No such legal counsel may be employed, except on	33
the order of the board of township trustees, duly entered upon its	34
journal, in which the compensation to be paid for the legal	35
services shall be fixed. The compensation shall be paid from the	36
township fund.	37

Nothing in this division confers any of the powers or duties	38
of a prosecuting attorney under section 309.08 of the Revised Code	39
upon a township law director.	40

(2)(a) If any township in the county served by the	41
prosecuting attorney has adopted any resolution regarding the	42
operation of adult entertainment establishments pursuant to the	43
authority that is granted under section 503.52 of the Revised Code	44
or if a resolution of that nature has been adopted under section	45
503.53 of the Revised Code in a township in the county served by	46
the prosecuting attorney, all of the following apply:	47

(i) Upon the request of a township in the county that has	48
adopted, or in which has been adopted, a resolution of that nature	49
that is made pursuant to division (E)(1)(c) of section 503.52 of	50
the Revised Code, the prosecuting attorney shall prosecute and	51
defend on behalf of the township in the trial and argument in any	52
court or tribunal of any challenge to the validity of the	53
resolution. If the challenge to the validity of the resolution is	54
before a federal court, the prosecuting attorney may request the	55
attorney general to assist the prosecuting attorney in prosecuting	56
and defending the challenge and, upon the prosecuting attorney's	57
making of such a request, the attorney general shall assist the	58
prosecuting attorney in performing that service if the resolution	59
was drafted in accordance with legal guidance provided by the	60
attorney general as described in division (B)(2) of section 503.52	61
of the Revised Code. The attorney general shall provide this	62
assistance without charge to the township for which the service is	63
performed. If a township adopts a resolution without the legal	64
guidance of the attorney general, the attorney general is not	65
required to provide assistance as described in this division to a	66
prosecuting attorney.	67

(ii) Upon the request of a township in the county that has	68
adopted, or in which has been adopted, a resolution of that nature	69
that is made pursuant to division (E)(1)(a) of section 503.52 of	70
the Revised Code, the prosecuting attorney shall prosecute and	71
defend on behalf of the township a civil action to enjoin the	72
violation of the resolution in question.	73

(iii) Upon the request of a township in the county that has	74
adopted, or in which has been adopted, a resolution of that nature	75
that is made pursuant to division (E)(1)(b) of section 503.52 of	76
the Revised Code, the prosecuting attorney shall prosecute and	77
defend on behalf of the township a civil action under Chapter	78
3767. of the Revised Code to abate as a nuisance the place in the	79
unincorporated area of the township at which the resolution is	80
being or has been violated. Proceeds from the sale of personal	81
property or contents seized pursuant to the action shall be	82
applied and deposited in accordance with division (E)(1)(b) of	83
section 503.52 of the Revised Code.	84

(b) The provisions of division (B)(2)(a) of this section	85
apply regarding all townships, including townships that have	86
adopted a limited home rule government pursuant to Chapter 504. of	87
the Revised Code, and regardless of whether a township that has so	88
adopted a limited home rule government has entered into a contract	89
with the prosecuting attorney as described in division (B) of	90
section 504.15 of the Revised Code or has appointed a law director	91
as described in division (A) of that section.	92

The prosecuting attorney shall prosecute and defend in the	93
actions and proceedings described in division (B)(2)(a) of this	94
section without charge to the township for which the services are	95
performed.	96

(C) Whenever the board of county commissioners employs an	97
attorney other than the prosecuting attorney of the county,	98
without the authorization of the court of common pleas as provided	99
in section 305.14 of the Revised Code, either for a particular	100
matter or on an annual basis, to represent the board in its	101
official capacity and to advise it on legal matters, the board	102
shall enter upon its journal an order of the board in which the	103
compensation to be paid for the legal services shall be fixed. The	104
compensation shall be paid from the county general fund. The total	105
compensation paid, in any year, by the board for legal services	106
under this division shall not exceed the total annual compensation	107
of the prosecuting attorney for that county.	108

(D) The prosecuting attorney and the board of county	109
commissioners jointly may contract with a board of park	110
commissioners under section 1545.07 of the Revised Code for the	111
prosecuting attorney to provide legal services to the park	112
district the board of park commissioners operates.	113

(E) The prosecuting attorney may be, in the prosecuting	114
attorney's discretion and with the approval of the board of county	115
commissioners, the legal adviser of a joint fire district created	116
under section 505.371 of the Revised Code at no cost to the	117
district or may be the legal adviser to the district under a	118
contract that the prosecuting attorney and the district enter	119
into, and that the board of county commissioner approves, to	120
authorize the prosecuting attorney to provide legal services to	121
the district.	122

(F) The prosecuting attorney may be, in the prosecuting	123
attorney's discretion and with the approval of the board of county	124
commissioners, the legal adviser of a joint ambulance district	125
created under section 505.71 of the Revised Code at no cost to the	126
district or may be the legal adviser to the district under a	127
contract that the prosecuting attorney and the district enter	128
into, and that the board of county commissioners approves, to	129
authorize the prosecuting attorney to provide legal services to	130
the district.	131

(G) The prosecuting attorney may be, in the prosecuting	132
attorney's discretion and with the approval of the board of county	133
commissioners, the legal adviser of a joint emergency medical	134
services district created under section 307.052 of the Revised	135
Code at no cost to the district or may be the legal adviser to the	136
district under a contract that the prosecuting attorney and the	137
district enter into, and that the board of county commissioners	138
approves, to authorize the prosecuting attorney to provide legal	139
services to the district.	140

(H) The prosecuting attorney may be, in the prosecuting	141
attorney's discretion and with the approval of the board of county	142
commissioners, the legal adviser of a fire and ambulance district	143
created under section 505.375 of the Revised Code at no cost to	144
the district or may be the legal adviser to the district under a	145
contract that the prosecuting attorney and the district enter	146
into, and that the board of county commissioners approves, to	147
authorize the prosecuting attorney to provide legal services to	148
the district.	149

(I) All money received pursuant to a contract entered into	150
under division (D), (E), (F), (G), or (H) of this section shall be	151
deposited into the prosecuting attorney's legal services fund,	152
which shall be established in the county treasury of each county	153
in which such a contract exists. Moneys in that fund may be	154
appropriated only to the prosecuting attorney for the purpose of	155
providing legal services to a park district, joint fire district,	156
joint ambulance district, joint emergency medical services	157
district, or a fire and ambulance district, as applicable, under a	158
contract entered into under the applicable division.	159

Section 2. That existing section 309.09 of the Revised Code	160
is hereby repealed.	161