As Reported by the Senate Local Government, Public Safety and Veterans Affairs Committee

Transcription

1 As Reported by the Senate Local Government, Public Safety and Veterans Affairs Committee 132nd General Assembly Regular Session Sub. H. B. No Representative Wiggam Cosponsors: Representatives Lipps, Seitz, Arndt, Merrin, Goodman, Dean, Stein, Henne, Anielski, Hambley, Carfagna, Antonio, Barnes, Blessing, Brown, Cupp, Dever, Duffey, Edwards, Ginter, Greenspan, Holmes, Johnson, Kick, Lang, Lepore-Hagan, Pelanda, Riedel, Rogers, Romanchuk, Ryan, Schaffer, Scherer, Schuring, Sheehy, Sprague, Thompson, West, Young, Zeltwanger A B I L L To amend sections 3.30, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and to enact section of the Revised Code to allow certain political subdivisions to adopt a policy authorizing the use of an "employee dishonesty and faithful performance of duty policy" instead of individual surety bonds for officers, employees, and appointees who are otherwise required by law to give bond before entering upon the discharge of duties BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

2 Sub. H. B. No. 291 Page 2 Section 1. That sections 3.30, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and be amended and section of the Revised Code be enacted to read as follows: Sec (A) As used in this section: (1) "Political subdivision" means a county, township, municipal corporation, school district, community school, or a library or library district specified in section of the Revised Code. (2) "Employee dishonesty and faithful performance of duty policy" means a policy of insurance, or a coverage document issued by a joint self-insurance pool authorized under section of the Revised Code, to protect a political subdivision from financial or property loss caused by the fraudulent or dishonest actions of, and the failure to perform a duty prescribed by law for, an officer, employee, or appointee that is otherwise required by law to give an individual surety bond before entering upon the discharge of official duties. (B) A political subdivision may adopt a policy, by ordinance or resolution, to allow for the use of an employee dishonesty and faithful performance of duty policy, rather than a surety bond, to cover losses caused by the fraudulent or dishonest actions of, and the failure to perform a duty prescribed by law for, officers, employees, or appointees that would otherwise be required to give an individual surety bond to qualify for the office or employment before entering upon the

3 Sub. H. B. No. 291 Page 3 discharge of duties imposed by the office or employment. The employee dishonesty and faithful performance of duty policy shall be in effect and apply to the officer, employee, or appointee before the beginning of the individual's term of office or employment and the officer, employee, or appointee shall not commence the discharge of duties until coverage is documented as required by the legislative authority. A lack of coverage on the date on which the discharge of duties are commenced by the individual shall render the office vacant and it shall be filled as required by law. (C) For a political subdivision that has adopted a policy as authorized under this section, all of the following apply: (1) Notwithstanding any section of the Revised Code requiring an officer, employee, or appointee of a political subdivision to give bond before being entitled to enter upon the duties of the office or employment, an officer, employee, or appointee shall be considered qualified to hold the office or employment, without giving bond, on the date the oath of office is taken, certified, and filed as required by law. (2) Notwithstanding section 3.30 or any other section of the Revised Code that provides an office or employment is vacated upon the failure to file bond, the officer, employee, or appointee shall be entitled to enter upon the duties of the office or employment when the policy is in effect as provided in division (B) of this section and the oath is filed as provided in division (C)(1) of this section. (3) All officers, employees, or appointees who would otherwise be required to file a bond before commencing the discharge of duties shall be covered by and are subject to the employee dishonesty and faithful performance of duty policy

4 Sub. H. B. No. 291 Page 4 instead of a surety bond requirement. (4) The coverage amount for an officer, employee, or appointee under an employee dishonesty and faithful performance of duty policy shall be equal to or greater than the maximum amount of the bond otherwise required by law. If no amount, or only a minimum amount, of coverage is specified in law for the particular officer, employee, or appointee, the amount of coverage shall be an amount agreed upon by the legislative authority or the authority otherwise designated by law to determine the amount of the bond. (D) A political subdivision that does not adopt a policy under this section shall continue to use the surety bonds as otherwise provided in the Revised Code. (E) Nothing in this section relieves an officer, employee, or appointee of other applicable requirements to hold the office or employment. Sec A Except as otherwise provided in section of the Revised Code, a person elected or appointed to an office who is required by law to give a bond or security previous to the performance of the duties imposed on him the person by his the person's office, who refuses or neglects to give such bond or furnish such security within the time and in the manner prescribed by law, and in all respects to qualify himself self for the performance of such duties, is deemed to have refused to accept the office to which he the person was elected or appointed. Such office shall be considered vacant and shall be filled as provided by law. A person subject to a policy adopted under section of the Revised Code, is deemed to have refused to accept the

5 Sub. H. B. No. 291 Page 5 office or employment when the person fails to take, certify, and file the oath of office as required by law or fails to document proof of insurance coverage as provided in division (B) of section of the Revised Code and the office shall be considered vacant and shall be filled as provided by law. Sec Before Except as otherwise provided in section of the Revised Code, before entering upon the discharge of their duties, the persons appointed to the building commission shall each take an oath of office and give bond for the faithful and honest discharge of his official duties in the same amount as required of members of the board of county commissioners, with sureties approved by the judge of the court of common pleas. Such bond shall be delivered to the county treasurer and kept in his the treasurer's office. Sec Before entering upon the discharge of his official duties, each county commissioner, except as otherwise provided in section of the Revised Code, shall give bond, signed by a bonding or surety company authorized to do business in this state, or, at his 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. 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 his 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 his the treasurer's office. The expense or premium for such bond shall be paid by the board of county commissioners

6 Sub. H. B. No. 291 Page 6 and charged to the general fund of the county. Such surety may be discharged in the manner provided by section of the Revised Code for the release of sureties of guardians. Sec Before Except as otherwise provided in section of the Revised Code, before entering upon the discharge of his 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 his 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 him the prosecuting attorney by law, and pay over all moneys received by him in his 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. Sec The Except as otherwise provided in section of the Revised Code, the sheriff shall, within ten days after receiving his the sheriff's commission and before the first Monday of January next after his election being elected, give a bond, signed by a bonding or surety company authorized to do business in this state and to be approved by the board of county commissioners, or, at the option of such sheriff, signed

7 Sub. H. B. No. 291 Page 7 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, and in a sum not less than five thousand nor more than fifty thousand dollars, which sum shall be fixed by the board, and such. The bond shall be conditioned for the faithful performance of the duties of his the office of sheriff. The expense or premium for such bond shall be paid by the board and charged to the general fund of the county. Such bonds, with the approval of the board and the oath of office required by sections 3.22 and 3.23 of the Revised Code, and Section 7 of Article XV, Ohio Constitution, indorsed thereon, shall be filed with the county auditor and kept in his the auditor's office. The board may require the sheriff, at any time during his the sheriff's term of office, to give additional sureties on his the sheriff's bond, or to give a new bond, except as otherwise provided in section of the Revised Code. No judge or clerk of any court or attorney at law shall be received as surety on such bond. If the sheriff fails to give a bond within the time required, or fails to give additional sureties on such bond or a new bond within ten days after he has received receiving written notice that the board so requires, the board shall declare the office of such sheriff vacant. Sec The Except as otherwise provided in section of the Revised Code, the coroner shall give a bond, signed by a bonding or surety company authorized to do business in this state and to be approved by the board of county commissioners, or, at the option of such coroner, 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, in a

8 Sub. H. B. No. 291 Page 8 sum not less than five thousand nor more than fifty thousand dollars, fixed by the board, and such. The bond shall be conditioned for the faithful performance of the duties of his the office of coroner. The expense or premium for such bond shall be paid by the board and charged to the general fund of the county. Such bonds, with the approval of the board and the oath of office required by sections 3.22 and 3.23 of the Revised Code, indorsed thereon, shall be filed with the county auditor and kept in his the county auditor's office. The board may require the coroner, at any time during his term of office employment as coroner, to give additional sureties on his the coroner's bond, or to give a new bond, except as otherwise provided in section of the Revised Code. No judge or clerk or any court or attorney at law shall be received as surety on such bond. If the coroner fails to give a bond within the time required, or fails to give additional sureties on such bond or a new bond within ten days after he has received receiving written notice that the board so requires, the board shall declare the office of such coroner vacant. Sec The Except as provided in section of the Revised Code, the county engineer, before entering upon the duties of his the office of county engineer, shall give bond, signed by a bonding or surety company authorized to do business in this state, or, at his the engineer'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, in the sum of not less than two thousand nor more than ten thousand dollars as fixed by the board of county

9 Sub. H. B. No. 291 Page 9 commissioners. Such surety company shall be approved by the board and the bond shall be conditioned for the faithful performance of such engineer's official duties. The expense or premium for such bond shall be paid by the board and charged to the general fund of the county. Such bond, with the oath of office required by sections 3.22 and 3.23 of the Revised Code and Section 7 of Article XV, Ohio Constitution, and the approval of the board indorsed thereon, shall be deposited with the county treasurer and kept in his the treasurer's office. Sec Before Except as otherwise provided in section of the Revised Code, before entering upon the duties of office, the county recorder shall give a bond, conditioned for the faithful discharge of the duties, signed by a bonding or surety company authorized to do business in this state, or, at the recorder'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 the sum of not less than ten thousand dollars, the surety company and the amount of the bond to be approved by the board of county commissioners. The expense or premium for the bond shall be paid by the board and charged to the general fund of the county. The bond, with the oath of office required by sections 3.22 and 3.23 of the Revised Code, and by Section 7 of Article XV, Ohio Constitution, and the approval of the board indorsed thereon, shall be deposited with the county treasurer. Sec Before Except as otherwise provided in section of the Revised Code, before entering upon the discharge of the duties of his office, the county auditor shall give a bond signed by a bonding or surety company authorized to

10 Sub. H. B. No. 291 Page 10 do business in this state and to be approved by the board of county commissioners, or, at his the auditor'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 of not less than five thousand nor more than twenty thousand dollars, as the board requires, conditioned for the faithful discharge of the duties of his office. The expense or premium for such bond shall be paid by the board and charged to the general fund of the county. Such bond, with the oath of office required by sections 3.22 and 3.23 of the General Code, and Section 7 of Article XV, Ohio Constitution, and the approval of the board indorsed upon it shall be deposited by such board with the county treasurer, who shall record and carefully preserve it. If an auditor-elect fails to give bond and take the oath of office, as required by this section, on or before the day on which he the auditor is required to take possession of his office, such office shall become vacant. Sec Before Except as otherwise provided in section of the Revised Code, before entering upon the duties of his office, the county treasurer shall give bond to the state in such sum as the board of county commissioners directs, with a company authorized to conduct a surety business in this state as surety, to be approved by the board and conditioned for the payment of all moneys which come into his the treasurer's hands for state, county, township, or other purposes. The expense or premium for such bond shall be paid by the board and charged to the general fund of the county. Such bond, with the oath of office required by Section 7 of Article XV, Ohio Constitution, and sections 3.22 and 3.23 of the Revised Code and the approval of the board indorsed on it, shall be

11 Sub. H. B. No. 291 Page 11 deposited with the county auditor and by him carefully preserved in his the auditor's office. Such bond shall be entered in full on the record of the proceedings of the board on the day when accepted and approved by it. WhenExcept as otherwise provided in section of the Revised Code, when, in the opinion of a majority of the members of the board, the surety has become insufficient, such board may require the treasurer to give additional sureties on his the treasurer's previously accepted bond. When Except as otherwise provided in section of the Revised Code, when in its opinion more money has passed or is about to pass into the hands of the treasurer than is or would be covered by his the treasurer's bond, the board may demand and receive from such treasurer an additional bond, payable and conditioned as required for the original bond, with such sureties and in such sum as it directs. If a treasurer fails or refuses to give such additional sureties or bond for ten days from the day on which the board so requires, his the treasurer's office shall be vacant and another treasurer appointed as in other cases of vacancy. If a person elected to the office of treasurer fails to give bond as provided in this section, on or before the day of the commencement of his the treasurer's official term, the office shall become vacant. Sec There shall be allowed annually to the sheriff, in addition to all salary and allowances otherwise provided by law, an amount equal to one-half of the official salary allowed under division (A) of section and section of the Revised Code, to provide for expenses that the sheriff incurs in the performance of the sheriff's official

12 Sub. H. B. No. 291 Page 12 duties and in the furtherance of justice. Upon the order of the sheriff, the county auditor shall draw the auditor's warrant on the county treasurer, payable to the sheriff or any other person as the order designates, for the amount the order requires. The amounts the order requires, not exceeding the amount provided by this section, shall be paid out of the general fund of the county. Nothing shall be paid under this section until the sheriff, except as otherwise provided in section of the Revised Code, gives bond to the state in an amount not less than the sheriff's official salary, to be fixed by the court of common pleas or the probate court, with sureties to be approved by either of those courts. The bond shall be conditioned that the sheriff will faithfully discharge all the duties enjoined upon the sheriff, and pay over all moneys the sheriff receives in an official capacity. The bond, with the approval of the court of common pleas or the probate court of the amount of the bond and the sureties on the bond, shall be deposited with the county treasurer. The sheriff annually, before the first Monday of January, shall file with the county auditor an itemized statement, verified by the sheriff, as to the manner in which the fund provided by this section has been expended during the current year, and, if any part of that fund remains in the sheriff's hands unexpended, forthwith shall pay the remainder into the county treasury. Sec (A) Except for the prosecuting attorney of a county with a population of less than seventy thousand one, there shall be allowed annually to the prosecuting attorney, in addition to the prosecuting attorney's salary provided by

13 Sub. H. B. No. 291 Page 13 sections and of the Revised Code and to the allowance provided for by section of the Revised Code, an amount equal to one-half of the official salary the prosecuting attorney receives, to provide for expenses the prosecuting attorney may incur in the performance of the prosecuting attorney's official duties and in the furtherance of justice. (B) There shall be allowed annually to the prosecuting attorney of a county with a population of less than seventy thousand one, in addition to the prosecuting attorney's salary provided by sections and of the Revised Code and to the allowance provided for by section of the Revised Code, an amount equal to one-half of the salary specified for a prosecuting attorney with a private practice under sections and of the Revised Code, to provide for expenses the prosecuting attorney may incur in the performance of the prosecuting attorney's official duties and in the furtherance of justice. (C) Upon the order of the prosecuting attorney, the county auditor shall draw the county auditor's warrant on the county treasurer, payable to the prosecuting attorney or any other person as the order designates, for the amount the order requires, not exceeding the amount provided by division (A) or (B) of this section to be paid out of the general fund of the county. (D) Nothing shall be paid under this section until the prosecuting attorney, except as otherwise provided in section of the Revised Code, has given bond to the state in a sum, not less than the prosecuting attorney's official salary, to be fixed by the court of common pleas or the probate court, with sureties to be approved by either of those courts. The bond

14 Sub. H. B. No. 291 Page 14 shall be conditioned that the prosecuting attorney will faithfully discharge all the duties enjoined upon the prosecuting attorney, and pay over all moneys received by the prosecuting attorney in the prosecuting attorney's official capacity. The bond, with the approval of the court of common pleas or the probate court of the amount of the bond and the sureties on the bond, and the prosecuting attorney's oath of office enclosed with the bond, shall be deposited with the county treasurer. (E) The prosecuting attorney shall, annually, before the first Monday of January, file with the auditor an itemized statement, verified by the prosecuting attorney, as to the manner in which the fund provided by this section has been expended during the current year, and, if any part of that fund remains in the prosecuting attorney's hands unexpended, forthwith shall pay the remainder into the county treasury. Sec In each county, except as provided in section of the Revised Code, there shall be a county department of job and family services which, when so established, shall be governed by this chapter. The department shall consist of a county director of job and family services appointed by the board of county commissioners, and such assistants and other employees as are necessary for the efficient performance of the functions of the county department. Before Except as otherwise provided in section of the Revised Code, before entering upon the discharge of the director's official duties, the director shall give a bond, conditioned for the faithful performance of those official duties, in such sum as fixed by the board. The director may require any assistant or employee under the director's jurisdiction to give a bond in such sum as determined by the board. All bonds given under this section

15 Sub. H. B. No. 291 Page 15 shall be with a surety or bonding company authorized to do business in this state, conditioned for the faithful performance of the duties of such director, assistant, or employee. The expense or premium for any bond required by this section shall be paid from the appropriation for administrative expenses of the department. Such bond shall be deposited with the county treasurer and kept in the treasurer's office. As used in the Revised Code: (A) "County department of job and family services" means the county department of job and family services established under this section, including an entity designated a county department of job and family services under section of the Revised Code, or a joint county department of job and family services established under section of the Revised Code. (B) "County director of job and family services" means the county director of job and family services appointed under this section or under section of the Revised Code. Sec Each Except as otherwise provided in section of the Revised Code, each township trustee, before entering upon the discharge of his duty official duties, shall give bond to the state for the use of the township, in the sum of one thousand dollars, conditioned for the faithful performance of his duty official duties as a trustee, and with at least two sureties, each of whom shall be a resident of the same township with the trustee or a corporate surety authorized to do business in this state. Such bond shall be approved by a judge of the county court or judge of a municipal court having jurisdiction in the township. Sec Whenever Except as otherwise provided in

16 Sub. H. B. No. 291 Page 16 section of the Revised Code, whenever the judge deems it necessary, and on application of at least twelve freeholders of the township, the judge of the county or municipal court having jurisdiction in the township who approves the bond under section of the Revised Code, may require additional security or the execution of a new bond. If a trustee fails, for ten days, to give additional security or execute a new bond after service of the notice in writing, the office shall be declared vacant and filled as required by section of the Revised Code. The original bond or new bond shall be deposited with the township fiscal officer and recorded by the fiscal officer. Sec When a township fiscal officer is unable to carry out the duties of office because of illness, because of entering the military service of the United States, because of a court ordered suspension as provided for under section of the Revised Code, or because the fiscal officer is otherwise incapacitated or disqualified, the board of township trustees shall appoint a deputy fiscal officer, who shall have full power to discharge the duties of the office. The deputy fiscal officer shall serve during the period of time the fiscal officer is absent or incapacitated, or until a successor fiscal officer is elected and qualified. Before Except as otherwise provided in section of the Revised Code, before entering on the discharge of official duties, the deputy fiscal officer shall give bond, for the faithful discharge of official duties, as required under section of the Revised Code. The board shall, by resolution, adjust and determine the compensation of the fiscal officer and deputy fiscal officer. The total compensation of both the fiscal officer and any deputy fiscal officer shall not exceed the sums fixed by section of the Revised Code in any one year

17 Sub. H. B. No. 291 Page 17 Sec (A) The township fiscal officer may hire and appoint one or more persons as the fiscal officer finds necessary to provide assistance to the township fiscal officer or deputy fiscal officer. The township fiscal officer may set the compensation of those persons subject to the prior approval of the board of township trustees. Those persons shall serve at the pleasure of the township fiscal officer or, in the absence of the township fiscal officer, the deputy fiscal officer. The township fiscal officer may delegate to an assistant any of the duties the fiscal officer is otherwise required to perform. The appointment of assistants under this section does not relieve the township fiscal officer of responsibility to discharge the duties of the office but shall serve to provide assistance to the fiscal officer in performing those duties. (B) The compensation of an assistant appointed under this section shall be included in the estimate of contemplated expenditures for the township fiscal officer's office that is submitted to the board of township trustees for approval as provided in section of the Revised Code. (C) Before Except as otherwise provided in section of the Revised Code, before serving, an assistant to the township fiscal officer shall give bond for the faithful discharge of the duties of the office as may be delegated by the fiscal officer. The bond shall be payable to the board of township trustees and shall be for the same sum as required under section of the Revised Code for the township fiscal officer, with sureties approved by the board, and conditioned for the faithful performance of duties delegated by the fiscal officer. The bond shall be recorded by the township fiscal officer, filed with the county treasurer, and carefully preserved

18 Sub. H. B. No. 291 Page 18 Sec The Except as otherwise provided in section of the Revised Code, the township fiscal officer, before entering upon the discharge of official duties, shall give a bond, payable to the board of township trustees, with sureties approved by the board, in the sum determined by the board but not less than the sum provided in this section, and conditioned for the faithful performance of the duties of the office of township fiscal officer. This bond shall be recorded by the township fiscal officer, filed with the county treasurer, and carefully preserved. The minimum sum of the township fiscal officer's bond shall be as follows: (A) In a township with a budget of fifty thousand dollars or less, ten thousand dollars; (B) In a township with a budget of more than fifty thousand dollars but not more than one hundred thousand dollars, thirty-five thousand dollars; (C) In a township with a budget of more than one hundred thousand dollars but not more than two hundred fifty thousand dollars, sixty thousand dollars; (D) In a township with a budget of more than two hundred fifty thousand dollars but not more than five hundred thousand dollars, eighty-five thousand dollars; (E) In a township with a budget of more than five hundred thousand dollars but not more than seven hundred fifty thousand dollars, one hundred ten thousand dollars; (F) In a township with a budget of more than seven hundred fifty thousand dollars but not more than one million five hundred thousand dollars, one hundred thirty-five thousand

19 Sub. H. B. No. 291 Page 19 dollars; (G) In a township with a budget of more than one million five hundred thousand dollars but not more than three million five hundred thousand dollars, one hundred sixty thousand dollars; (H) In a township with a budget of more than three million five hundred thousand dollars but not more than six million dollars, one hundred ninety-five thousand dollars; (I) In a township with a budget of more than six million dollars but not more than ten million dollars, two hundred twenty thousand dollars; (J) In a township with a budget of more than ten million dollars, two hundred fifty thousand dollars. Sec Each Except as otherwise provided in section of the Revised Code, each constable, before entering upon the discharge of official duties, shall give bond to the state in a sum of not less than five hundred nor more than two thousand dollars, conditioned for the faithful and diligent discharge of official duties, and with sureties resident of the township. The amount of the bond and its sureties shall be approved by the board of township trustees. The bond shall be deposited with the township fiscal officer. Sec The Except as otherwise provided in section of the Revised Code, the township zoning inspector, before entering upon the duties of office, shall give bond, signed by a bonding or surety company authorized to do business in this state or, at the inspector'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, in

20 Sub. H. B. No. 291 Page 20 the sum of not less than one thousand or more than five thousand dollars as fixed by the board of township trustees. The surety company or real estate bond shall be approved by the board of township trustees, and the bond shall be conditioned upon the faithful performance of the zoning inspector's official duties. The bond shall be deposited with the township fiscal officer. Sec The Except as otherwise provided in the municipal charter or in section of the Revised Code, the treasurer, auditor, and such other officers or employees of the municipal corporation as the legislative authority directs, shall give a bond to the municipal corporation for the faithful performance of their duties, in such sum as the legislative authority fixes by ordinance or resolution. Premiums on official bonds may be paid by the municipal corporation. Sec The city manager shall receive such salary as is fixed by the council of the municipal corporation. Such part of the salary of the city manager as the council deems proper shall be paid from the income of any publicly owned utility operated by such municipal corporation, or from any public cemetery. The part of the salary of the city manager so paid shall be fixed by the council with reference to the proportion of his the city manager's time devoted to such utility. Before entering upon the duties of his office, the city manager shall take the oath required by section of the Revised Code and. Except as otherwise provided in the municipal charter or in section of the Revised Code, the city manager shall execute a bond in favor of the municipal corporation for the faithful performance of his official duties, in such sum as is fixed by the council. The city manager shall be furnished with the corporate seal of the municipal corporation, in the center of which shall be engraved the coat of arms of the state, as

21 Sub. H. B. No. 291 Page 21 described in section 5.04 of the Revised Code, and around the edge of which shall be the words, "Manager of the city of...," or "Manager of the village of..., state of Ohio." Sec The sealer of weights and measures, before entering upon his official duties, shall take the oath of office required by section of the Revised Code, and. Except as otherwise provided in the municipal charter or in section of the Revised Code, the sealer shall give bond to the municipal corporation in such amount as is prescribed by ordinance, with security to the approval of the mayor, and conditioned for the faithful performance of his official duties. The sealer may appoint inspectors to assist him the sealer in his the sealer's duties if authorized by the legislative authority. Sec Each Except as otherwise provided in the municipal charter or in section of the Revised Code, each officer of a municipal corporation required by law or ordinance to give bond shall do so before entering upon the duties of the office, except as otherwise provided in Title VII of the Revised Code. The Except as otherwise provided in the municipal charter or in section of the Revised Code, the legislative authority thereof may at any time require each officer to give a new or additional bond. Each bond except that of the municipal auditor or municipal clerk, upon its approval, shall be delivered to the auditor or clerk, who shall immediately record it in a record provided for that purpose and file and carefully preserve it in his the auditor's or clerk's office. The bond of the auditor or clerk shall be delivered to the municipal treasurer, who shall in like manner record and preserve it. Sec Whenever the legislative authority of any

22 Sub. H. B. No. 291 Page 22 city, by ordinance, declares it essential to the best interests of such city, the duties relating to the management and operation of municipally owned public utilities conferred upon the director of public service by sections and of the Revised Code shall be vested in a board composed of three members. The mayor, with the consent of the legislative authority, shall appoint one member for a term of two years, one for a term of four years, and one for a term of six years. At the expiration of each term of office an appointment shall be made for a term of six years. In case of vacancy by death, resignation, or removal from the city of a member of such board, the mayor, with the consent of the legislative authority, shall immediately appoint a successor to fill the vacancy for the unexpired term. The legislative authority shall designate the compensation to be paid to said members, their duties, authority, and powers, and. Except as otherwise provided in section of the Revised Code, the legislative authority shall determine whether such members shall be required to give bond, and, if so, in what amount. The cost of any required bond shall be borne by the city. Sec In each municipal corporation there shall be a board, designated as the "trustees of the sinking fund," which shall have the management and control of the sinking fund established under section of the Revised Code. In cities, such board shall consist of four citizens of such city, who shall be electors thereof, well known for their intelligence and integrity, to be appointed by the mayor for one, two, three, and four years respectively, and their successors shall be appointed for four years from the expiration of their respective terms. Such appointments shall be so distributed that not more than two members of the board belong

23 Sub. H. B. No. 291 Page 23 the same political party. Any vacancy by death, resignation, removal from the city, or otherwise of any member shall be filled by appointment by the mayor for the unexpired portion of each term. In villages, the mayor, clerk, and chairman chairperson of the finance committee of the legislative authority shall be the members of such board. Such members shall serve without compensation and. Except as otherwise provided in the municipal charter or in section of the Revised Code, such members shall give such bond as the legislative authority requires. A surety company authorized to sign such bonds shall be sufficient security, and the costs thereof, together with all other incidental and necessary expenses of such board, shall be paid by it from funds under its control. Sec Whenever in any city the legislative authority thereof, by ordinance, declares it essential to the interests of such city that a rapid transit commission, with the powers and duties described in sections to , inclusive, of the Revised Code, be appointed, the mayor of such city shall appoint a board to be known as the board of rapid transit commissioners. Such board shall consist of five members, electors of the county within which such city is located, and a majority of whom shall be electors of such city. The commissioners shall serve without compensation until such time as any of the contracts necessary for the construction authorized by such sections have been awarded, after which time the commissioners shall receive such compensation as is fixed by the legislative authority of the city, and. Except as otherwise provided in section of the Revised Code, each commissioner

24 Sub. H. B. No. 291 Page 24 shall give bond in an amount to be fixed by the legislative authority and approved as other bonds of municipal officers; the premium on such bond shall be paid by the city. The commissioners shall be appointed for terms of one, two, three, four, and five years respectively, and their successors shall be appointed for a term of five years, in cities having no charter, and in cities having charters in accordance with the provisions thereof, and in case of vacancy by death, resignation, or removal of a member of such board, the mayor shall immediately appoint a successor to fill the vacancy for the unexpired term. The mayor, with the approval of the legislative authority, may remove any commissioner upon charges and specifications of malfeasance or nonfeasance in office preferred by the mayor. A copy of such charges and specifications shall be furnished the commissioner accused, and he the accused commissioner shall be given a hearing by the mayor and have the opportunity to confront the witness against him the accused commissioner and to present his a defense in person or by counsel. If the mayor's decision upon such charges is in favor of removal, he the mayor shall certify the proceedings and his the mayor's findings to the legislative authority for approval or disapproval, and the action of the legislative authority thereon shall be final. Sec The board of hospital trustees provided by section of the Revised Code shall consist of eight resident electors of the municipal corporation, who shall be appointed by the board of trustees of the sinking fund, or, in the event that the board of trustees of a sinking fund ceases to function within such municipal corporation by operation of law, they shall be appointed by the legislative authority of the

25 Sub. H. B. No. 291 Page 25 municipal corporation. Each member of such board shall serve without compensation for the term of four years. When the terms of members presently holding office expire, of those first appointed thereafter, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. The remaining appointments shall be one for one year, one for two years, one for three years, and one for four years, and thereafter their successors shall be appointed two each year to serve for the term of four years, but not more than four shall be of the same political party. Vacancy in the board by death, resignation, or otherwise shall be filled in like manner for the remainder of the term. The members of the board of hospital trustees, before entering upon the discharge of their duties, shall take the oath of office prescribed by section of the Revised Code, and, except as otherwise provided in the municipal charter or in section of the Revised Code, shall give bond in the sum of twenty-five hundred dollars, conditioned according to section of the Revised Code and to the approval of the mayor and the legislative authority of the municipal corporation. Sec The members of the board of park trustees shall serve without compensation. Before entering upon the discharge of their duties, they shall each take the oath of office prescribed by section of the Revised Code, and, except as otherwise provided in the municipal charter or in section of the Revised Code, shall give bond in the sum of twenty-five hundred dollars, conditioned according to section of the Revised Code, and to the approval of the mayor and legislative authority of the municipal corporation

26 Sub. H. B. No. 291 Page 26 Sec Except as provided in section of Revised Code, a board of county commissioners shall appoint or employ a county dog warden and deputies in such number, for such periods of time, and at such compensation as the board considers necessary to enforce sections to and to of the Revised Code. The Except as otherwise provided in section of the Revised Code, the warden and deputies shall give bond in a sum not less than five hundred dollars and not more than two thousand dollars, as set by the board, conditioned for the faithful performance of their duties. The bond or bonds may, in the discretion of the board, be individual or blanket bonds. The bonds shall be filed with the county auditor of their respective counties. The warden and deputies shall make a record of all dogs owned, kept, and harbored in their respective counties. They shall patrol their respective counties and seize and impound on sight all dogs found running at large and all dogs more than three months of age found not wearing a valid registration tag, except any dog that wears a valid registration tag and is: on the premises of its owner, keeper, or harborer, under the reasonable control of its owner or some other person, hunting with its owner or its handler at a field trial, kept constantly confined in a dog kennel registered under this chapter or one licensed under Chapter 956. of the Revised Code, or acquired by, and confined on the premises of, an institution or organization of the type described in section of the Revised Code. A dog that wears a valid registration tag may be seized on the premises of its owner, keeper, or harborer and impounded only in the event of a natural disaster

27 Sub. H. B. No. 291 Page 27 If a dog warden has reason to believe that a dog is being treated inhumanely on the premises of its owner, keeper, or harborer, the warden shall apply to the court of common pleas for the county in which the premises are located for an order to enter the premises, and if necessary, seize the dog. If the court finds probable cause to believe that the dog is being treated inhumanely, it shall issue such an order. The warden and deputies shall also make weekly reports, in writing, to the board in their respective counties of all dogs seized, impounded, redeemed, and destroyed. The wardens and deputies shall have the same police powers as are conferred upon sheriffs and police officers in the performance of their duties as prescribed by sections to and to of the Revised Code. They shall also have power to summon the assistance of bystanders in performing their duties and may serve writs and other legal processes issued by any court in their respective counties with reference to enforcing those sections. County auditors may deputize the wardens or deputies to issue dog licenses as provided in sections and of the Revised Code. Whenever any person files an affidavit in a court of competent jurisdiction that there is a dog running at large that is not kept constantly confined either in a dog kennel registered under this chapter or one licensed under Chapter 956. of the Revised Code or on the premises of an institution or organization of the type described in section of the Revised Code or that a dog is kept or harbored in the warden's jurisdiction without being registered as required by law, the court shall immediately order the warden to seize and impound the dog. Thereupon the warden shall immediately seize and