As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 6

Senator Schaffer 

Cosponsors: Senators Jordan, LaRose, Smith, Brown, Uecker, Lehner, Widener 

---

A BILL

To amend sections 9.39, 121.22, 149.43, 305.03,

1

319.04, 319.26, 321.37, 321.38, 321.46, 2921.44,

2

and 3314.023; to enact sections 9.831, 117.411,

3

507.12, 507.15, 733.78, 733.81, 3313.30, 3314.50,

4

3326.211, 3328.16, and 3328.37; and to repeal

5

section 319.25 of the Revised Code; to amend

6

Section 267.50.70 of Am. Sub. H.B. 153 of the

7

129th General Assembly; and to amend Section

8

267.50.70 of Am. Sub. H.B. 153 of the 129th

9

General Assembly for the purpose of changing its

10

number to section 3314.51 of the Revised Code to

11

establish education programs and continuing

12

education requirements for the fiscal officers of

13

townships and municipal corporations, to establish

14

procedures for removing those fiscal officers,

15

county treasurers, and county auditors from

16

office, and to create fiscal accountability

17

requirements for public schools, counties,

18

municipal corporations, and townships.

19

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

Section 1. That sections 9.39, 121.22, 149.43, 305.03,	20
319.04, 319.26, 321.37, 321.38, 321.46, 2921.44, and 3314.023 be	21
amended; sections 9.831, 117.411, 507.12, 507.15, 733.78, 733.81,	22
3313.30, 3314.50, 3326.211, 3328.16, and 3328.37 of the Revised	23
Code be enacted; and Section 267.50.70 of Am. Sub. H.B. 153 of the	24
129th General Assembly be amended and renumbered as section	25
3314.51 of the Revised Code to read as follows:	26

Sec. 9.39.  All public officials are liable for allthe	27
negligent loss of any public money received or collected by them	28
or by their subordinates under color of office. All money received	29
or collected by a public official under color of office and not	30
otherwise paid out according to law shall be paid into the	31
treasury of the public office with which hethe public official is	32
connected to the credit of a trust fund and shall be retained	33
there until claimed by its lawful owner. If not claimed within a	34
period of five years, the money shall revert to the general fund	35
of the public office.	36

Sec. 9.831.  (A) As used in this section:

37

(1) "Political subdivision" means a county, municipal	38
corporation, or township.	39

(2) "Public finance officer" means a county auditor, township	40
fiscal officer, village fiscal officer, village clerk-treasurer,	41
auditor of a municipal corporation, or treasurer of a municipal	42
corporation. "Investment officer" means county treasurer.	43

(B) The legislative authority of a political subdivision may	44
purchase a policy or policies of professional indemnity insurance	45
to protect the political subdivision against claims not otherwise	46
covered under general liability insurance policies that are	47
related to the performance of the public finance officer's or	48
investment officer's duties.	49

Sec. 117.411. (A) As used in this section, "legislative	50
authority" means, for a county, the board of county commissioners;	51
for a municipal corporation, the legislative authority of the	52
municipal corporation; and for a township, the board of township	53
trustees.	54

(B) If the public office of a county, municipal corporation,	55
or township has been declared unauditable under section 117.41 of	56
the Revised Code, the auditor of state shall provide written	57
notice of that declaration to the legislative authority of the	58
county, municipal corporation, or township. The auditor of state	59
also shall post the notice on the auditor of state's web site.	60

(C) Not later than forty-five days after receiving the	61
notice, the legislative authority shall provide a written response	62
to the auditor of state. The response shall include all of the	63
following:	64

(1) An overview of the process the legislative authority will	65
use to review and understand the circumstances that led to the	66
county, municipal corporation, or township becoming unauditable;	67

(2) A plan for providing to the auditor of state	68
documentation necessary to complete an audit of the county,	69
municipal corporation, or township and for ensuring that all	70
financial documents are available in the future; and	71

(3) The actions the legislative authority will take to ensure	72
that the plan described in division (C)(2) of this section is	73
implemented.	74

(D)(1) If the public office of a county, municipal	75
corporation, or township fails to make reasonable efforts and	76
continuing progress to bring its accounts, records, files, or	77
reports into an auditable condition within ninety days after being	78
declared unauditable, the auditor of state, in addition to	79
requesting legal action under sections 117.41 and 117.42 of the	80
Revised Code, shall notify the office of budget and management and	81
any other state agency from which the public office receives state	82
funding of the failure.	83

(2) If the auditor of state or a public accountant acting	84
pursuant to section 115.56 of the Revised Code subsequently is	85
able to complete a financial audit of the public office, the	86
auditor of state shall notify the office of budget and management	87
and any other state agency from which the public office receives	88
state funding that the audit has been completed.	89

(E) Notwithstanding any provision to the contrary in the	90
Revised Code, upon notification by the auditor of state under	91
division (D)(1) of this section that the public office of a	92
county, municipal corporation, or township has failed to make	93
reasonable efforts and continuing progress to bring its accounts,	94
records, files, or reports into an auditable condition following a	95
declaration that the public office is unauditable, the office of	96
budget and management and any other state agency that received the	97
notice shall immediately cease all state funding for that public	98
office, other than benefit assistance to individuals, and shall	99
withhold the state funding until receiving subsequent notification	100
from the auditor of state under division (D)(2) of this section	101
that the auditor of state or a public accountant was able to	102
complete a financial audit of the public office.	103

Sec. 121.22.  (A) This section shall be liberally construed	104
to require public officials to take official action and to conduct	105
all deliberations upon official business only in open meetings	106
unless the subject matter is specifically excepted by law.	107

(B) As used in this section:

108

(1) "Public body" means any of the following:

109

(a) Any board, commission, committee, council, or similar	110
decision-making body of a state agency, institution, or authority,	111
and any legislative authority or board, commission, committee,	112
council, agency, authority, or similar decision-making body of any	113
county, township, municipal corporation, school district, or other	114
political subdivision or local public institution;	115

(b) Any committee or subcommittee of a body described in	116
division (B)(1)(a) of this section;	117

(c) A court of jurisdiction of a sanitary district organized	118
wholly for the purpose of providing a water supply for domestic,	119
municipal, and public use when meeting for the purpose of the	120
appointment, removal, or reappointment of a member of the board of	121
directors of such a district pursuant to section 6115.10 of the	122
Revised Code, if applicable, or for any other matter related to	123
such a district other than litigation involving the district. As	124
used in division (B)(1)(c) of this section, "court of	125
jurisdiction" has the same meaning as "court" in section 6115.01	126
of the Revised Code.	127

(2) "Meeting" means any prearranged discussion of the public	128
business of the public body by a majority of its members.	129

(3) "Regulated individual" means either of the following:

130

(a) A student in a state or local public educational	131
institution;	132

(b) A person who is, voluntarily or involuntarily, an inmate,	133
patient, or resident of a state or local institution because of	134
criminal behavior, mental illness or retardation, disease,	135
disability, age, or other condition requiring custodial care.	136

(4) "Public office" has the same meaning as in section	137
149.011 of the Revised Code.	138

(C) All meetings of any public body are declared to be public	139
meetings open to the public at all times. A member of a public	140
body shall be present in person at a meeting open to the public to	141
be considered present or to vote at the meeting and for purposes	142
of determining whether a quorum is present at the meeting.	143

The minutes of a regular or special meeting of any public	144
body shall be promptly prepared, filed, and maintained and shall	145
be open to public inspection. The minutes need only reflect the	146
general subject matter of discussions in executive sessions	147
authorized under division (G) or (J) of this section.	148

(D) This section does not apply to any of the following:

149

(1) A grand jury;

150

(2) An audit conference conducted by the auditor of state or	151
independent certified public accountants with officials of the	152
public office that is the subject of the audit;	153

(3) The adult parole authority when its hearings are	154
conducted at a correctional institution for the sole purpose of	155
interviewing inmates to determine parole or pardon;	156

(4) The organized crime investigations commission established	157
under section 177.01 of the Revised Code;	158

(5) Meetings of a child fatality review board established	159
under section 307.621 of the Revised Code and meetings conducted	160
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	161

(6) The state medical board when determining whether to	162
suspend a certificate without a prior hearing pursuant to division	163
(G) of either section 4730.25 or 4731.22 of the Revised Code;	164

(7) The board of nursing when determining whether to suspend	165
a license or certificate without a prior hearing pursuant to	166
division (B) of section 4723.281 of the Revised Code;	167

(8) The state board of pharmacy when determining whether to	168
suspend a license without a prior hearing pursuant to division (D)	169
of section 4729.16 of the Revised Code;	170

(9) The state chiropractic board when determining whether to	171
suspend a license without a hearing pursuant to section 4734.37 of	172
the Revised Code;	173

(10) The executive committee of the emergency response	174
commission when determining whether to issue an enforcement order	175
or request that a civil action, civil penalty action, or criminal	176
action be brought to enforce Chapter 3750. of the Revised Code;	177

(11) The board of directors of the nonprofit corporation	178
formed under section 187.01 of the Revised Code or any committee	179
thereof, and the board of directors of any subsidiary of that	180
corporation or a committee thereof;	181

(12) An audit conference conducted by the audit staff of the	182
department of job and family services with officials of the public	183
office that is the subject of that audit under section 5101.37 of	184
the Revised Code;	185

(13) A meeting to consider a complaint alleging misconduct	186
under section 319.26, 321.37, 507.15, or 733.38 of the Revised	187
Code.	188

(E) The controlling board, the industrial technology and	189
enterprise advisory council, the tax credit authority, or the	190
minority development financing advisory board, when meeting to	191
consider granting assistance pursuant to Chapter 122. or 166. of	192
the Revised Code, in order to protect the interest of the	193
applicant or the possible investment of public funds, by unanimous	194
vote of all board, council, or authority members present, may	195
close the meeting during consideration of the following	196
information confidentially received by the authority, council, or	197
board from the applicant:	198

(1) Marketing plans;

199

(2) Specific business strategy;

200

(3) Production techniques and trade secrets;

201

(4) Financial projections;

202

(5) Personal financial statements of the applicant or members	203
of the applicant's immediate family, including, but not limited	204
to, tax records or other similar information not open to public	205
inspection.	206

The vote by the authority, council, or board to accept or	207
reject the application, as well as all proceedings of the	208
authority, council, or board not subject to this division, shall	209
be open to the public and governed by this section.	210

(F) Every public body, by rule, shall establish a reasonable	211
method whereby any person may determine the time and place of all	212
regularly scheduled meetings and the time, place, and purpose of	213
all special meetings. A public body shall not hold a special	214
meeting unless it gives at least twenty-four hours' advance notice	215
to the news media that have requested notification, except in the	216
event of an emergency requiring immediate official action. In the	217
event of an emergency, the member or members calling the meeting	218
shall notify the news media that have requested notification	219
immediately of the time, place, and purpose of the meeting.	220

The rule shall provide that any person, upon request and	221
payment of a reasonable fee, may obtain reasonable advance	222
notification of all meetings at which any specific type of public	223
business is to be discussed. Provisions for advance notification	224
may include, but are not limited to, mailing the agenda of	225
meetings to all subscribers on a mailing list or mailing notices	226
in self-addressed, stamped envelopes provided by the person.	227

(G) Except as provided in division (J) of this section, the	228
members of a public body may hold an executive session only after	229
a majority of a quorum of the public body determines, by a roll	230
call vote, to hold an executive session and only at a regular or	231
special meeting for the sole purpose of the consideration of any	232
of the following matters:	233

(1) To consider the appointment, employment, dismissal,	234
discipline, promotion, demotion, or compensation of a public	235
employee or official, or the investigation of charges or	236
complaints against a public employee, official, licensee, or	237
regulated individual, unless the public employee, official,	238
licensee, or regulated individual requests a public hearing.	239
Except as otherwise provided by law, no public body shall hold an	240
executive session for the discipline of an elected official for	241
conduct related to the performance of the elected official's	242
official duties or for the elected official's removal from office.	243
If a public body holds an executive session pursuant to division	244
(G)(1) of this section, the motion and vote to hold that executive	245
session shall state which one or more of the approved purposes	246
listed in division (G)(1) of this section are the purposes for	247
which the executive session is to be held, but need not include	248
the name of any person to be considered at the meeting.	249

(2) To consider the purchase of property for public purposes,	250
or for the sale of property at competitive bidding, if premature	251
disclosure of information would give an unfair competitive or	252
bargaining advantage to a person whose personal, private interest	253
is adverse to the general public interest. No member of a public	254
body shall use division (G)(2) of this section as a subterfuge for	255
providing covert information to prospective buyers or sellers. A	256
purchase or sale of public property is void if the seller or buyer	257
of the public property has received covert information from a	258
member of a public body that has not been disclosed to the general	259
public in sufficient time for other prospective buyers and sellers	260
to prepare and submit offers.	261

If the minutes of the public body show that all meetings and	262
deliberations of the public body have been conducted in compliance	263
with this section, any instrument executed by the public body	264
purporting to convey, lease, or otherwise dispose of any right,	265
title, or interest in any public property shall be conclusively	266
presumed to have been executed in compliance with this section	267
insofar as title or other interest of any bona fide purchasers,	268
lessees, or transferees of the property is concerned.	269

(3) Conferences with an attorney for the public body	270
concerning disputes involving the public body that are the subject	271
of pending or imminent court action;	272

(4) Preparing for, conducting, or reviewing negotiations or	273
bargaining sessions with public employees concerning their	274
compensation or other terms and conditions of their employment;	275

(5) Matters required to be kept confidential by federal law	276
or regulations or state statutes;	277

(6) Details relative to the security arrangements and	278
emergency response protocols for a public body or a public office,	279
if disclosure of the matters discussed could reasonably be	280
expected to jeopardize the security of the public body or public	281
office;	282

(7) In the case of a county hospital operated pursuant to	283
Chapter 339. of the Revised Code, a joint township hospital	284
operated pursuant to Chapter 513. of the Revised Code, or a	285
municipal hospital operated pursuant to Chapter 749. of the	286
Revised Code, to consider trade secrets, as defined in section	287
1333.61 of the Revised Code.	288

If a public body holds an executive session to consider any	289
of the matters listed in divisions (G)(2) to (7) of this section,	290
the motion and vote to hold that executive session shall state	291
which one or more of the approved matters listed in those	292
divisions are to be considered at the executive session.	293

A public body specified in division (B)(1)(c) of this section	294
shall not hold an executive session when meeting for the purposes	295
specified in that division.	296

(H) A resolution, rule, or formal action of any kind is	297
invalid unless adopted in an open meeting of the public body. A	298
resolution, rule, or formal action adopted in an open meeting that	299
results from deliberations in a meeting not open to the public is	300
invalid unless the deliberations were for a purpose specifically	301
authorized in division (G) or (J) of this section and conducted at	302
an executive session held in compliance with this section. A	303
resolution, rule, or formal action adopted in an open meeting is	304
invalid if the public body that adopted the resolution, rule, or	305
formal action violated division (F) of this section.	306

(I)(1) Any person may bring an action to enforce this	307
section. An action under division (I)(1) of this section shall be	308
brought within two years after the date of the alleged violation	309
or threatened violation. Upon proof of a violation or threatened	310
violation of this section in an action brought by any person, the	311
court of common pleas shall issue an injunction to compel the	312
members of the public body to comply with its provisions.	313

(2)(a) If the court of common pleas issues an injunction	314
pursuant to division (I)(1) of this section, the court shall order	315
the public body that it enjoins to pay a civil forfeiture of five	316
hundred dollars to the party that sought the injunction and shall	317
award to that party all court costs and, subject to reduction as	318
described in division (I)(2) of this section, reasonable	319
attorney's fees. The court, in its discretion, may reduce an award	320
of attorney's fees to the party that sought the injunction or not	321
award attorney's fees to that party if the court determines both	322
of the following:	323

(i) That, based on the ordinary application of statutory law	324
and case law as it existed at the time of violation or threatened	325
violation that was the basis of the injunction, a well-informed	326
public body reasonably would believe that the public body was not	327
violating or threatening to violate this section;	328

(ii) That a well-informed public body reasonably would	329
believe that the conduct or threatened conduct that was the basis	330
of the injunction would serve the public policy that underlies the	331
authority that is asserted as permitting that conduct or	332
threatened conduct.	333

(b) If the court of common pleas does not issue an injunction	334
pursuant to division (I)(1) of this section and the court	335
determines at that time that the bringing of the action was	336
frivolous conduct, as defined in division (A) of section 2323.51	337
of the Revised Code, the court shall award to the public body all	338
court costs and reasonable attorney's fees, as determined by the	339
court.	340

(3) Irreparable harm and prejudice to the party that sought	341
the injunction shall be conclusively and irrebuttably presumed	342
upon proof of a violation or threatened violation of this section.	343

(4) A member of a public body who knowingly violates an	344
injunction issued pursuant to division (I)(1) of this section may	345
be removed from office by an action brought in the court of common	346
pleas for that purpose by the prosecuting attorney or the attorney	347
general.	348

(J)(1) Pursuant to division (C) of section 5901.09 of the	349
Revised Code, a veterans service commission shall hold an	350
executive session for one or more of the following purposes unless	351
an applicant requests a public hearing:	352

(a) Interviewing an applicant for financial assistance under	353
sections 5901.01 to 5901.15 of the Revised Code;	354

(b) Discussing applications, statements, and other documents	355
described in division (B) of section 5901.09 of the Revised Code;	356

(c) Reviewing matters relating to an applicant's request for	357
financial assistance under sections 5901.01 to 5901.15 of the	358
Revised Code.	359

(2) A veterans service commission shall not exclude an	360
applicant for, recipient of, or former recipient of financial	361
assistance under sections 5901.01 to 5901.15 of the Revised Code,	362
and shall not exclude representatives selected by the applicant,	363
recipient, or former recipient, from a meeting that the commission	364
conducts as an executive session that pertains to the applicant's,	365
recipient's, or former recipient's application for financial	366
assistance.	367

(3) A veterans service commission shall vote on the grant or	368
denial of financial assistance under sections 5901.01 to 5901.15	369
of the Revised Code only in an open meeting of the commission. The	370
minutes of the meeting shall indicate the name, address, and	371
occupation of the applicant, whether the assistance was granted or	372
denied, the amount of the assistance if assistance is granted, and	373
the votes for and against the granting of assistance.	374

Sec. 149.43.  (A) As used in this section:

375

(1) "Public record" means records kept by any public office,	376
including, but not limited to, state, county, city, village,	377
township, and school district units, and records pertaining to the	378
delivery of educational services by an alternative school in this	379
state kept by the nonprofit or for-profit entity operating the	380
alternative school pursuant to section 3313.533 of the Revised	381
Code. "Public record" does not mean any of the following:	382

(a) Medical records;

383

(b) Records pertaining to probation and parole proceedings or	384
to proceedings related to the imposition of community control	385
sanctions and post-release control sanctions;	386

(c) Records pertaining to actions under section 2151.85 and	387
division (C) of section 2919.121 of the Revised Code and to	388
appeals of actions arising under those sections;	389

(d) Records pertaining to adoption proceedings, including the	390
contents of an adoption file maintained by the department of	391
health under section 3705.12 of the Revised Code;	392

(e) Information in a record contained in the putative father	393
registry established by section 3107.062 of the Revised Code,	394
regardless of whether the information is held by the department of	395
job and family services or, pursuant to section 3111.69 of the	396
Revised Code, the office of child support in the department or a	397
child support enforcement agency;	398

(f) Records listed in division (A) of section 3107.42 of the	399
Revised Code or specified in division (A) of section 3107.52 of	400
the Revised Code;	401

(g) Trial preparation records;

402

(h) Confidential law enforcement investigatory records;

403

(i) Records containing information that is confidential under	404
section 2710.03 or 4112.05 of the Revised Code;	405

(j) DNA records stored in the DNA database pursuant to	406
section 109.573 of the Revised Code;	407

(k) Inmate records released by the department of	408
rehabilitation and correction to the department of youth services	409
or a court of record pursuant to division (E) of section 5120.21	410
of the Revised Code;	411

(l) Records maintained by the department of youth services	412
pertaining to children in its custody released by the department	413
of youth services to the department of rehabilitation and	414
correction pursuant to section 5139.05 of the Revised Code;	415

(m) Intellectual property records;

416

(n) Donor profile records;

417

(o) Records maintained by the department of job and family	418
services pursuant to section 3121.894 of the Revised Code;	419

(p) Peace officer, parole officer, probation officer,	420
bailiff, prosecuting attorney, assistant prosecuting attorney,	421
correctional employee, community-based correctional facility	422
employee, youth services employee, firefighter, EMT, or	423
investigator of the bureau of criminal identification and	424
investigation residential and familial information;	425

(q) In the case of a county hospital operated pursuant to	426
Chapter 339. of the Revised Code or a municipal hospital operated	427
pursuant to Chapter 749. of the Revised Code, information that	428
constitutes a trade secret, as defined in section 1333.61 of the	429
Revised Code;	430

(r) Information pertaining to the recreational activities of	431
a person under the age of eighteen;	432

(s) Records provided to, statements made by review board	433
members during meetings of, and all work products of a child	434
fatality review board acting under sections 307.621 to 307.629 of	435
the Revised Code, and child fatality review data submitted by the	436
child fatality review board to the department of health or a	437
national child death review database, other than the report	438
prepared pursuant to division (A) of section 307.626 of the	439
Revised Code;	440

(t) Records provided to and statements made by the executive	441
director of a public children services agency or a prosecuting	442
attorney acting pursuant to section 5153.171 of the Revised Code	443
other than the information released under that section;	444

(u) Test materials, examinations, or evaluation tools used in	445
an examination for licensure as a nursing home administrator that	446
the board of examiners of nursing home administrators administers	447
under section 4751.04 of the Revised Code or contracts under that	448
section with a private or government entity to administer;	449

(v) Records the release of which is prohibited by state or	450
federal law;	451

(w) Proprietary information of or relating to any person that	452
is submitted to or compiled by the Ohio venture capital authority	453
created under section 150.01 of the Revised Code;	454

(x) Information reported and evaluations conducted pursuant	455
to section 3701.072 of the Revised Code;	456

(y) Financial statements and data any person submits for any	457
purpose to the Ohio housing finance agency or the controlling	458
board in connection with applying for, receiving, or accounting	459
for financial assistance from the agency, and information that	460
identifies any individual who benefits directly or indirectly from	461
financial assistance from the agency;	462

(z) Records listed in section 5101.29 of the Revised Code;

463

(aa) Discharges recorded with a county recorder under section	464
317.24 of the Revised Code, as specified in division (B)(2) of	465
that section;	466

(bb) Usage information including names and addresses of	467
specific residential and commercial customers of a municipally	468
owned or operated public utility;	469

(cc) Records described in division (C) of section 187.04 of	470
the Revised Code that are not designated to be made available to	471
the public as provided in that division;	472

(dd) Records described in section 319.26, 321.37, 507.15, or	473
733.38 of the Revised Code that are not designated to be made	474
available to the public as provided in that section.	475

(2) "Confidential law enforcement investigatory record" means	476
any record that pertains to a law enforcement matter of a	477
criminal, quasi-criminal, civil, or administrative nature, but	478
only to the extent that the release of the record would create a	479
high probability of disclosure of any of the following:	480

(a) The identity of a suspect who has not been charged with	481
the offense to which the record pertains, or of an information	482
source or witness to whom confidentiality has been reasonably	483
promised;	484

(b) Information provided by an information source or witness	485
to whom confidentiality has been reasonably promised, which	486
information would reasonably tend to disclose the source's or	487
witness's identity;	488

(c) Specific confidential investigatory techniques or	489
procedures or specific investigatory work product;	490

(d) Information that would endanger the life or physical	491
safety of law enforcement personnel, a crime victim, a witness, or	492
a confidential information source.	493

(3) "Medical record" means any document or combination of	494
documents, except births, deaths, and the fact of admission to or	495
discharge from a hospital, that pertains to the medical history,	496
diagnosis, prognosis, or medical condition of a patient and that	497
is generated and maintained in the process of medical treatment.	498

(4) "Trial preparation record" means any record that contains	499
information that is specifically compiled in reasonable	500
anticipation of, or in defense of, a civil or criminal action or	501
proceeding, including the independent thought processes and	502
personal trial preparation of an attorney.	503

(5) "Intellectual property record" means a record, other than	504
a financial or administrative record, that is produced or	505
collected by or for faculty or staff of a state institution of	506
higher learning in the conduct of or as a result of study or	507
research on an educational, commercial, scientific, artistic,	508
technical, or scholarly issue, regardless of whether the study or	509
research was sponsored by the institution alone or in conjunction	510
with a governmental body or private concern, and that has not been	511
publicly released, published, or patented.	512

(6) "Donor profile record" means all records about donors or	513
potential donors to a public institution of higher education	514
except the names and reported addresses of the actual donors and	515
the date, amount, and conditions of the actual donation.	516

(7) "Peace officer, parole officer, probation officer,	517
bailiff, prosecuting attorney, assistant prosecuting attorney,	518
correctional employee, community-based correctional facility	519
employee, youth services employee, firefighter, EMT, or	520
investigator of the bureau of criminal identification and	521
investigation residential and familial information" means any	522
information that discloses any of the following about a peace	523
officer, parole officer, probation officer, bailiff, prosecuting	524
attorney, assistant prosecuting attorney, correctional employee,	525
community-based correctional facility employee, youth services	526
employee, firefighter, EMT, or investigator of the bureau of	527
criminal identification and investigation:	528

(a) The address of the actual personal residence of a peace	529
officer, parole officer, probation officer, bailiff, assistant	530
prosecuting attorney, correctional employee, community-based	531
correctional facility employee, youth services employee,	532
firefighter, EMT, or an investigator of the bureau of criminal	533
identification and investigation, except for the state or	534
political subdivision in which the peace officer, parole officer,	535
probation officer, bailiff, assistant prosecuting attorney,	536
correctional employee, community-based correctional facility	537
employee, youth services employee, firefighter, EMT, or	538
investigator of the bureau of criminal identification and	539
investigation resides;	540

(b) Information compiled from referral to or participation in	541
an employee assistance program;	542

(c) The social security number, the residential telephone	543
number, any bank account, debit card, charge card, or credit card	544
number, or the emergency telephone number of, or any medical	545
information pertaining to, a peace officer, parole officer,	546
probation officer, bailiff, prosecuting attorney, assistant	547
prosecuting attorney, correctional employee, community-based	548
correctional facility employee, youth services employee,	549
firefighter, EMT, or investigator of the bureau of criminal	550
identification and investigation;	551

(d) The name of any beneficiary of employment benefits,	552
including, but not limited to, life insurance benefits, provided	553
to a peace officer, parole officer, probation officer, bailiff,	554
prosecuting attorney, assistant prosecuting attorney, correctional	555
employee, community-based correctional facility employee, youth	556
services employee, firefighter, EMT, or investigator of the bureau	557
of criminal identification and investigation by the peace	558
officer's, parole officer's, probation officer's, bailiff's,	559
prosecuting attorney's, assistant prosecuting attorney's,	560
correctional employee's, community-based correctional facility	561
employee's, youth services employee's, firefighter's, EMT's, or	562
investigator of the bureau of criminal identification and	563
investigation's employer;	564

(e) The identity and amount of any charitable or employment	565
benefit deduction made by the peace officer's, parole officer's,	566
probation officer's, bailiff's, prosecuting attorney's, assistant	567
prosecuting attorney's, correctional employee's, community-based	568
correctional facility employee's, youth services employee's,	569
firefighter's, EMT's, or investigator of the bureau of criminal	570
identification and investigation's employer from the peace	571
officer's, parole officer's, probation officer's, bailiff's,	572
prosecuting attorney's, assistant prosecuting attorney's,	573
correctional employee's, community-based correctional facility	574
employee's, youth services employee's, firefighter's, EMT's, or	575
investigator of the bureau of criminal identification and	576
investigation's compensation unless the amount of the deduction is	577
required by state or federal law;	578

(f) The name, the residential address, the name of the	579
employer, the address of the employer, the social security number,	580
the residential telephone number, any bank account, debit card,	581
charge card, or credit card number, or the emergency telephone	582
number of the spouse, a former spouse, or any child of a peace	583
officer, parole officer, probation officer, bailiff, prosecuting	584
attorney, assistant prosecuting attorney, correctional employee,	585
community-based correctional facility employee, youth services	586
employee, firefighter, EMT, or investigator of the bureau of	587
criminal identification and investigation;	588

(g) A photograph of a peace officer who holds a position or	589
has an assignment that may include undercover or plain clothes	590
positions or assignments as determined by the peace officer's	591
appointing authority.	592

As used in divisions (A)(7) and (B)(9) of this section,	593
"peace officer" has the same meaning as in section 109.71 of the	594
Revised Code and also includes the superintendent and troopers of	595
the state highway patrol; it does not include the sheriff of a	596
county or a supervisory employee who, in the absence of the	597
sheriff, is authorized to stand in for, exercise the authority of,	598
and perform the duties of the sheriff.	599

As used in divisions (A)(7) and (B)(5) of this section,	600
"correctional employee" means any employee of the department of	601
rehabilitation and correction who in the course of performing the	602
employee's job duties has or has had contact with inmates and	603
persons under supervision.	604

As used in divisions (A)(7) and (B)(5) of this section,	605
"youth services employee" means any employee of the department of	606
youth services who in the course of performing the employee's job	607
duties has or has had contact with children committed to the	608
custody of the department of youth services.	609

As used in divisions (A)(7) and (B)(9) of this section,	610
"firefighter" means any regular, paid or volunteer, member of a	611
lawfully constituted fire department of a municipal corporation,	612
township, fire district, or village.	613

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	614
means EMTs-basic, EMTs-I, and paramedics that provide emergency	615
medical services for a public emergency medical service	616
organization. "Emergency medical service organization,"	617
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	618
section 4765.01 of the Revised Code.	619

As used in divisions (A)(7) and (B)(9) of this section,	620
"investigator of the bureau of criminal identification and	621
investigation" has the meaning defined in section 2903.11 of the	622
Revised Code.	623

(8) "Information pertaining to the recreational activities of	624
a person under the age of eighteen" means information that is kept	625
in the ordinary course of business by a public office, that	626
pertains to the recreational activities of a person under the age	627
of eighteen years, and that discloses any of the following:	628

(a) The address or telephone number of a person under the age	629
of eighteen or the address or telephone number of that person's	630
parent, guardian, custodian, or emergency contact person;	631

(b) The social security number, birth date, or photographic	632
image of a person under the age of eighteen;	633

(c) Any medical record, history, or information pertaining to	634
a person under the age of eighteen;	635

(d) Any additional information sought or required about a	636
person under the age of eighteen for the purpose of allowing that	637
person to participate in any recreational activity conducted or	638
sponsored by a public office or to use or obtain admission	639
privileges to any recreational facility owned or operated by a	640
public office.	641

(9) "Community control sanction" has the same meaning as in	642
section 2929.01 of the Revised Code.	643

(10) "Post-release control sanction" has the same meaning as	644
in section 2967.01 of the Revised Code.	645

(11) "Redaction" means obscuring or deleting any information	646
that is exempt from the duty to permit public inspection or	647
copying from an item that otherwise meets the definition of a	648
"record" in section 149.011 of the Revised Code.	649

(12) "Designee" and "elected official" have the same meanings	650
as in section 109.43 of the Revised Code.	651

(B)(1) Upon request and subject to division (B)(8) of this	652
section, all public records responsive to the request shall be	653
promptly prepared and made available for inspection to any person	654
at all reasonable times during regular business hours. Subject to	655
division (B)(8) of this section, upon request, a public office or	656
person responsible for public records shall make copies of the	657
requested public record available at cost and within a reasonable	658
period of time. If a public record contains information that is	659
exempt from the duty to permit public inspection or to copy the	660
public record, the public office or the person responsible for the	661
public record shall make available all of the information within	662
the public record that is not exempt. When making that public	663
record available for public inspection or copying that public	664
record, the public office or the person responsible for the public	665
record shall notify the requester of any redaction or make the	666
redaction plainly visible. A redaction shall be deemed a denial of	667
a request to inspect or copy the redacted information, except if	668
federal or state law authorizes or requires a public office to	669
make the redaction.	670

(2) To facilitate broader access to public records, a public	671
office or the person responsible for public records shall organize	672
and maintain public records in a manner that they can be made	673
available for inspection or copying in accordance with division	674
(B) of this section. A public office also shall have available a	675
copy of its current records retention schedule at a location	676
readily available to the public. If a requester makes an ambiguous	677
or overly broad request or has difficulty in making a request for	678
copies or inspection of public records under this section such	679
that the public office or the person responsible for the requested	680
public record cannot reasonably identify what public records are	681
being requested, the public office or the person responsible for	682
the requested public record may deny the request but shall provide	683
the requester with an opportunity to revise the request by	684
informing the requester of the manner in which records are	685
maintained by the public office and accessed in the ordinary	686
course of the public office's or person's duties.	687

(3) If a request is ultimately denied, in part or in whole,	688
the public office or the person responsible for the requested	689
public record shall provide the requester with an explanation,	690
including legal authority, setting forth why the request was	691
denied. If the initial request was provided in writing, the	692
explanation also shall be provided to the requester in writing.	693
The explanation shall not preclude the public office or the person	694
responsible for the requested public record from relying upon	695
additional reasons or legal authority in defending an action	696
commenced under division (C) of this section.	697

(4) Unless specifically required or authorized by state or	698
federal law or in accordance with division (B) of this section, no	699
public office or person responsible for public records may limit	700
or condition the availability of public records by requiring	701
disclosure of the requester's identity or the intended use of the	702
requested public record. Any requirement that the requester	703
disclose the requestor's identity or the intended use of the	704
requested public record constitutes a denial of the request.	705

(5) A public office or person responsible for public records	706
may ask a requester to make the request in writing, may ask for	707
the requester's identity, and may inquire about the intended use	708
of the information requested, but may do so only after disclosing	709
to the requester that a written request is not mandatory and that	710
the requester may decline to reveal the requester's identity or	711
the intended use and when a written request or disclosure of the	712
identity or intended use would benefit the requester by enhancing	713
the ability of the public office or person responsible for public	714
records to identify, locate, or deliver the public records sought	715
by the requester.	716

(6) If any person chooses to obtain a copy of a public record	717
in accordance with division (B) of this section, the public office	718
or person responsible for the public record may require that	719
person to pay in advance the cost involved in providing the copy	720
of the public record in accordance with the choice made by the	721
person seeking the copy under this division. The public office or	722
the person responsible for the public record shall permit that	723
person to choose to have the public record duplicated upon paper,	724
upon the same medium upon which the public office or person	725
responsible for the public record keeps it, or upon any other	726
medium upon which the public office or person responsible for the	727
public record determines that it reasonably can be duplicated as	728
an integral part of the normal operations of the public office or	729
person responsible for the public record. When the person seeking	730
the copy makes a choice under this division, the public office or	731
person responsible for the public record shall provide a copy of	732
it in accordance with the choice made by the person seeking the	733
copy. Nothing in this section requires a public office or person	734
responsible for the public record to allow the person seeking a	735
copy of the public record to make the copies of the public record.	736

(7) Upon a request made in accordance with division (B) of	737
this section and subject to division (B)(6) of this section, a	738
public office or person responsible for public records shall	739
transmit a copy of a public record to any person by United States	740
mail or by any other means of delivery or transmission within a	741
reasonable period of time after receiving the request for the	742
copy. The public office or person responsible for the public	743
record may require the person making the request to pay in advance	744
the cost of postage if the copy is transmitted by United States	745
mail or the cost of delivery if the copy is transmitted other than	746
by United States mail, and to pay in advance the costs incurred	747
for other supplies used in the mailing, delivery, or transmission.	748

Any public office may adopt a policy and procedures that it	749
will follow in transmitting, within a reasonable period of time	750
after receiving a request, copies of public records by United	751
States mail or by any other means of delivery or transmission	752
pursuant to this division. A public office that adopts a policy	753
and procedures under this division shall comply with them in	754
performing its duties under this division.	755

In any policy and procedures adopted under this division, a	756
public office may limit the number of records requested by a	757
person that the office will transmit by United States mail to ten	758
per month, unless the person certifies to the office in writing	759
that the person does not intend to use or forward the requested	760
records, or the information contained in them, for commercial	761
purposes. For purposes of this division, "commercial" shall be	762
narrowly construed and does not include reporting or gathering	763
news, reporting or gathering information to assist citizen	764
oversight or understanding of the operation or activities of	765
government, or nonprofit educational research.	766

(8) A public office or person responsible for public records	767
is not required to permit a person who is incarcerated pursuant to	768
a criminal conviction or a juvenile adjudication to inspect or to	769
obtain a copy of any public record concerning a criminal	770
investigation or prosecution or concerning what would be a	771
criminal investigation or prosecution if the subject of the	772
investigation or prosecution were an adult, unless the request to	773
inspect or to obtain a copy of the record is for the purpose of	774
acquiring information that is subject to release as a public	775
record under this section and the judge who imposed the sentence	776
or made the adjudication with respect to the person, or the	777
judge's successor in office, finds that the information sought in	778
the public record is necessary to support what appears to be a	779
justiciable claim of the person.	780

(9)(a) Upon written request made and signed by a journalist	781
on or after December 16, 1999, a public office, or person	782
responsible for public records, having custody of the records of	783
the agency employing a specified peace officer, parole officer,	784
probation officer, bailiff, prosecuting attorney, assistant	785
prosecuting attorney, correctional employee, community-based	786
correctional facility employee, youth services employee,	787
firefighter, EMT, or investigator of the bureau of criminal	788
identification and investigation shall disclose to the journalist	789
the address of the actual personal residence of the peace officer,	790
parole officer, probation officer, bailiff, prosecuting attorney,	791
assistant prosecuting attorney, correctional employee,	792
community-based correctional facility employee, youth services	793
employee, firefighter, EMT, or investigator of the bureau of	794
criminal identification and investigation and, if the peace	795
officer's, parole officer's, probation officer's, bailiff's,	796
prosecuting attorney's, assistant prosecuting attorney's,	797
correctional employee's, community-based correctional facility	798
employee's, youth services employee's, firefighter's, EMT's, or	799
investigator of the bureau of criminal identification and	800
investigation's spouse, former spouse, or child is employed by a	801
public office, the name and address of the employer of the peace	802
officer's, parole officer's, probation officer's, bailiff's,	803
prosecuting attorney's, assistant prosecuting attorney's,	804
correctional employee's, community-based correctional facility	805
employee's, youth services employee's, firefighter's, EMT's, or	806
investigator of the bureau of criminal identification and	807
investigation's spouse, former spouse, or child. The request shall	808
include the journalist's name and title and the name and address	809
of the journalist's employer and shall state that disclosure of	810
the information sought would be in the public interest.	811

(b) Division (B)(9)(a) of this section also applies to	812
journalist requests for customer information maintained by a	813
municipally owned or operated public utility, other than social	814
security numbers and any private financial information such as	815
credit reports, payment methods, credit card numbers, and bank	816
account information.	817

(c) As used in division (B)(9) of this section, "journalist"	818
means a person engaged in, connected with, or employed by any news	819
medium, including a newspaper, magazine, press association, news	820
agency, or wire service, a radio or television station, or a	821
similar medium, for the purpose of gathering, processing,	822
transmitting, compiling, editing, or disseminating information for	823
the general public.	824

(C)(1) If a person allegedly is aggrieved by the failure of a	825
public office or the person responsible for public records to	826
promptly prepare a public record and to make it available to the	827
person for inspection in accordance with division (B) of this	828
section or by any other failure of a public office or the person	829
responsible for public records to comply with an obligation in	830
accordance with division (B) of this section, the person allegedly	831
aggrieved may commence a mandamus action to obtain a judgment that	832
orders the public office or the person responsible for the public	833
record to comply with division (B) of this section, that awards	834
court costs and reasonable attorney's fees to the person that	835
instituted the mandamus action, and, if applicable, that includes	836
an order fixing statutory damages under division (C)(1) of this	837
section. The mandamus action may be commenced in the court of	838
common pleas of the county in which division (B) of this section	839
allegedly was not complied with, in the supreme court pursuant to	840
its original jurisdiction under Section 2 of Article IV, Ohio	841
Constitution, or in the court of appeals for the appellate	842
district in which division (B) of this section allegedly was not	843
complied with pursuant to its original jurisdiction under Section	844
3 of Article IV, Ohio Constitution.	845

If a requestor transmits a written request by hand delivery	846
or certified mail to inspect or receive copies of any public	847
record in a manner that fairly describes the public record or	848
class of public records to the public office or person responsible	849
for the requested public records, except as otherwise provided in	850
this section, the requestor shall be entitled to recover the	851
amount of statutory damages set forth in this division if a court	852
determines that the public office or the person responsible for	853
public records failed to comply with an obligation in accordance	854
with division (B) of this section.	855

The amount of statutory damages shall be fixed at one hundred	856
dollars for each business day during which the public office or	857
person responsible for the requested public records failed to	858
comply with an obligation in accordance with division (B) of this	859
section, beginning with the day on which the requester files a	860
mandamus action to recover statutory damages, up to a maximum of	861
one thousand dollars. The award of statutory damages shall not be	862
construed as a penalty, but as compensation for injury arising	863
from lost use of the requested information. The existence of this	864
injury shall be conclusively presumed. The award of statutory	865
damages shall be in addition to all other remedies authorized by	866
this section.	867

The court may reduce an award of statutory damages or not	868
award statutory damages if the court determines both of the	869
following:	870

(a) That, based on the ordinary application of statutory law	871
and case law as it existed at the time of the conduct or	872
threatened conduct of the public office or person responsible for	873
the requested public records that allegedly constitutes a failure	874
to comply with an obligation in accordance with division (B) of	875
this section and that was the basis of the mandamus action, a	876
well-informed public office or person responsible for the	877
requested public records reasonably would believe that the conduct	878
or threatened conduct of the public office or person responsible	879
for the requested public records did not constitute a failure to	880
comply with an obligation in accordance with division (B) of this	881
section;	882

(b) That a well-informed public office or person responsible	883
for the requested public records reasonably would believe that the	884
conduct or threatened conduct of the public office or person	885
responsible for the requested public records would serve the	886
public policy that underlies the authority that is asserted as	887
permitting that conduct or threatened conduct.	888

(2)(a) If the court issues a writ of mandamus that orders the	889
public office or the person responsible for the public record to	890
comply with division (B) of this section and determines that the	891
circumstances described in division (C)(1) of this section exist,	892
the court shall determine and award to the relator all court	893
costs.	894

(b) If the court renders a judgment that orders the public	895
office or the person responsible for the public record to comply	896
with division (B) of this section, the court may award reasonable	897
attorney's fees subject to reduction as described in division	898
(C)(2)(c) of this section. The court shall award reasonable	899
attorney's fees, subject to reduction as described in division	900
(C)(2)(c) of this section when either of the following applies:	901

(i) The public office or the person responsible for the	902
public records failed to respond affirmatively or negatively to	903
the public records request in accordance with the time allowed	904
under division (B) of this section.	905

(ii) The public office or the person responsible for the	906
public records promised to permit the relator to inspect or	907
receive copies of the public records requested within a specified	908
period of time but failed to fulfill that promise within that	909
specified period of time.	910

(c) Court costs and reasonable attorney's fees awarded under	911
this section shall be construed as remedial and not punitive.	912
Reasonable attorney's fees shall include reasonable fees incurred	913
to produce proof of the reasonableness and amount of the fees and	914
to otherwise litigate entitlement to the fees. The court may	915
reduce an award of attorney's fees to the relator or not award	916
attorney's fees to the relator if the court determines both of the	917
following:	918

(i) That, based on the ordinary application of statutory law	919
and case law as it existed at the time of the conduct or	920
threatened conduct of the public office or person responsible for	921
the requested public records that allegedly constitutes a failure	922
to comply with an obligation in accordance with division (B) of	923
this section and that was the basis of the mandamus action, a	924
well-informed public office or person responsible for the	925
requested public records reasonably would believe that the conduct	926
or threatened conduct of the public office or person responsible	927
for the requested public records did not constitute a failure to	928
comply with an obligation in accordance with division (B) of this	929
section;	930

(ii) That a well-informed public office or person responsible	931
for the requested public records reasonably would believe that the	932
conduct or threatened conduct of the public office or person	933
responsible for the requested public records as described in	934
division (C)(2)(c)(i) of this section would serve the public	935
policy that underlies the authority that is asserted as permitting	936
that conduct or threatened conduct.	937

(D) Chapter 1347. of the Revised Code does not limit the	938
provisions of this section.	939

(E)(1) To ensure that all employees of public offices are	940
appropriately educated about a public office's obligations under	941
division (B) of this section, all elected officials or their	942
appropriate designees shall attend training approved by the	943
attorney general as provided in section 109.43 of the Revised	944
Code. In addition, all public offices shall adopt a public records	945
policy in compliance with this section for responding to public	946
records requests. In adopting a public records policy under this	947
division, a public office may obtain guidance from the model	948
public records policy developed and provided to the public office	949
by the attorney general under section 109.43 of the Revised Code.	950
Except as otherwise provided in this section, the policy may not	951
limit the number of public records that the public office will	952
make available to a single person, may not limit the number of	953
public records that it will make available during a fixed period	954
of time, and may not establish a fixed period of time before it	955
will respond to a request for inspection or copying of public	956
records, unless that period is less than eight hours.	957

(2) The public office shall distribute the public records	958
policy adopted by the public office under division (E)(1) of this	959
section to the employee of the public office who is the records	960
custodian or records manager or otherwise has custody of the	961
records of that office. The public office shall require that	962
employee to acknowledge receipt of the copy of the public records	963
policy. The public office shall create a poster that describes its	964
public records policy and shall post the poster in a conspicuous	965
place in the public office and in all locations where the public	966
office has branch offices. The public office may post its public	967
records policy on the internet web site of the public office if	968
the public office maintains an internet web site. A public office	969
that has established a manual or handbook of its general policies	970
and procedures for all employees of the public office shall	971
include the public records policy of the public office in the	972
manual or handbook.	973

(F)(1) The bureau of motor vehicles may adopt rules pursuant	974
to Chapter 119. of the Revised Code to reasonably limit the number	975
of bulk commercial special extraction requests made by a person	976
for the same records or for updated records during a calendar	977
year. The rules may include provisions for charges to be made for	978
bulk commercial special extraction requests for the actual cost of	979
the bureau, plus special extraction costs, plus ten per cent. The	980
bureau may charge for expenses for redacting information, the	981
release of which is prohibited by law.	982

(2) As used in division (F)(1) of this section:

983

(a) "Actual cost" means the cost of depleted supplies,	984
records storage media costs, actual mailing and alternative	985
delivery costs, or other transmitting costs, and any direct	986
equipment operating and maintenance costs, including actual costs	987
paid to private contractors for copying services.	988

(b) "Bulk commercial special extraction request" means a	989
request for copies of a record for information in a format other	990
than the format already available, or information that cannot be	991
extracted without examination of all items in a records series,	992
class of records, or data basedatabase by a person who intends to	993
use or forward the copies for surveys, marketing, solicitation, or	994
resale for commercial purposes. "Bulk commercial special	995
extraction request" does not include a request by a person who	996
gives assurance to the bureau that the person making the request	997
does not intend to use or forward the requested copies for	998
surveys, marketing, solicitation, or resale for commercial	999
purposes.	1000

(c) "Commercial" means profit-seeking production, buying, or	1001
selling of any good, service, or other product.	1002

(d) "Special extraction costs" means the cost of the time	1003
spent by the lowest paid employee competent to perform the task,	1004
the actual amount paid to outside private contractors employed by	1005
the bureau, or the actual cost incurred to create computer	1006
programs to make the special extraction. "Special extraction	1007
costs" include any charges paid to a public agency for computer or	1008
records services.	1009

(3) For purposes of divisions (F)(1) and (2) of this section,	1010
"surveys, marketing, solicitation, or resale for commercial	1011
purposes" shall be narrowly construed and does not include	1012
reporting or gathering news, reporting or gathering information to	1013
assist citizen oversight or understanding of the operation or	1014
activities of government, or nonprofit educational research.	1015

Sec. 305.03.  (A)(1) Whenever any county officer, except the	1016
county auditor or county treasurer, fails to perform the duties of	1017
office for ninety consecutive days, except in case of sickness or	1018
injury as provided in divisions (B) and (C) of this section, the	1019
office shall be deemed vacant.	1020

(2) Whenever any county auditor or county treasurer fails to	1021
perform the duties of office for thirty consecutive days, except	1022
in case of sickness or injury as provided in divisions (B) and (C)	1023
of this section, the office shall be deemed vacant.	1024

(B) Whenever any county officer is absent because of sickness	1025
or injury, the officer shall cause to be filed with the board of	1026
county commissioners a physician's certificate of the officer's	1027
sickness or injury. If suchthe certificate is not filed with the	1028
board within ten days after the expiration of thirty consecutive	1029
days, in the case of a county auditor or county treasurer, or	1030
within ten days after the expiration of ninety consecutive days of	1031
absence, in the case of all other county officers, the office	1032
shall be deemed vacant.	1033

(C) Whenever a county officer files a physician's certificate	1034
under division (B) of this section, but continues to be absent for	1035
an additional thirty days commencing immediately after the last	1036
day on which this certificate may be filed under division (B) of	1037
this section, the office shall be deemed vacant.	1038

(D) If at any time two county commissioners in a county are	1039
absent and have filed a physician's certificate under division (B)	1040
of this section, the county coroner, in addition to performing the	1041
duties of coroner, shall serve as county commissioner until at	1042
least one of the absent commissioners returns to office or until	1043
the office of at least one of the absent commissioners is deemed	1044
vacant under this section and the vacancy is filled. If the	1045
coroner so requests, the coroner shall be paid a per diem rate for	1046
the coroner's service as a commissioner. That per diem rate shall	1047
be the annual salary specified by law for a county commissioner of	1048
that county whose term of office began in the same year as the	1049
coroner's term of office began, divided by the number of days in	1050
the year.	1051

While the coroner is serving as a county commissioner, the	1052
coroner shall be considered an acting county commissioner and	1053
shall perform the duties of the office of county commissioner	1054
until at least one of the absent commissioners returns to office	1055
or until the office of at least one of the absent commissioners is	1056
deemed vacant. Before assuming the office of acting county	1057
commissioner, the coroner shall take an oath of office as provided	1058
in sections 3.22 and 3.23 of the Revised Code. The coroner's	1059
service as an acting county commissioner does not constitute the	1060
holding of an incompatible public office or employment in	1061
violation of any statutory or common law prohibition against the	1062
simultaneous holding of more than one public officeroffice or	1063
employment.	1064

The coroner shall give a new bond in the same amount and	1065
signed and approved as provided in section 305.04 of the Revised	1066
Code. The bond shall be conditioned for the faithful discharge of	1067
the coroner's duties as acting county commissioner and for the	1068
payment of any loss or damage that the county may sustain by	1069
reason of the coroner's failure in those duties. The bond, along	1070
with the oath of office and approval of the probate judge indorsed	1071
on it, shall be deposited and paid for as provided for the bonds	1072
in section 305.04 of the Revised Code.	1073

(E) Any vacancy declared under this section shall be filled	1074
in the manner provided by section 305.02 of the Revised Code.	1075

(F) This section shall not apply to a county officer while in	1076
the active military service of the United States.	1077

Sec. 319.04.  (A) Each county auditor who is elected to a	1078
full term of office shall attend and successfully complete at	1079
least sixteen hours of continuing education courses during the	1080
first year of the auditor's term of office, and complete at least	1081
another eight hours of such courses by the end of that term. Each	1082
such county auditor shall include at least two hours of ethics and	1083
substance-abuse training in the total twenty-four hours of	1084
required courses. To be counted toward the twenty-four hours	1085
required by this section, a course must be approved by the county	1086
auditors association of Ohio. Any county auditor who teaches an	1087
approved course shall be entitled to credit for the course in the	1088
same manner as if the county auditor had attended the course.	1089

That association shall record and, upon request, verify the	1090
completion of required course work for each county auditor, and	1091
issue a statement to each county auditor of the number of hours of	1092
continuing education the county auditor has successfully	1093
completed. Each year the association shall send a list of the	1094
continuing education courses, and the number of hours each county	1095
auditor has successfully completed, to the auditor of state and	1096
the tax commissioner, and shall provide a copy of this list to any	1097
other individual who requests it.	1098

The associationauditor of state shall issue a certificate of	1099
completion to each county auditor who completes the continuing	1100
education courses required by this section. The auditor of state	1101
shall issue a "notice of failure" to any county auditor required	1102
to complete continuing education courses under this section who	1103
fails to successfully complete at least sixteen hours of	1104
continuing education courses during the first year of the county	1105
auditor's term of office or to complete a total of at least	1106
twenty-four hours of such courses by the end of that term. This	1107
notice is for informational purposes only and does not affect any	1108
individual's ability to hold the office of county auditor. If a	1109
county auditor does not complete the continuing education courses	1110
required by this section, the board of county commissioners may	1111
not purchase a policy or policies of professional indemnity	1112
insurance for the county auditor under section 9.831 of the	1113
Revised Code.	1114

(B) Each board of county commissioners shall approve, from	1115
money appropriated to the county auditor, a reasonable amount	1116
requested by the county auditor of its county to cover the costs	1117
the county auditor must incur to meet the requirements of division	1118
(A) of this section, including registration fees, lodging and meal	1119
expenses, and travel expenses.	1120

Sec. 319.26. When the board of county commissioners suspends	1121
(A)(1) If a county auditor from the performance of his duties, as	1122
provided in section 319.25 of the Revised Code, it shall	1123
immediately cause a prosecution to be instituted against him. If	1124
the grand jury within four months of the date of the suspension	1125
fails to find and present an indictment against such auditor, or	1126
if an indictment is found and upon trial he is acquitted, such	1127
auditor shall be restored to the possession of his office and of	1128
the rights, duties, and obligations of such office. The person	1129
appointed as provided in section 319.25 of the Revised Code to	1130
perform the duties of the auditor shall vacate and cease to have	1131
any rights in such officenegligently fails to perform a duty	1132
expressly imposed by law with respect to the public office, or	1133
negligently does any act expressly forbidden by law with respect	1134
to the public office, the county treasurer or a majority of the	1135
board of county commissioners may submit an affidavit particularly	1136
describing the alleged violation along with supporting evidence of	1137
the violation to the auditor of state according to criteria	1138
established by rule by the auditor of state. The auditor of state	1139
shall examine the evidence within ten business days. If the	1140
auditor of state finds, by a preponderance of the evidence, that	1141
one or more of the allegations is sustained and that one or more	1142
of the criteria are met, then the auditor of state shall submit	1143
those findings in writing to the attorney general and the county	1144
auditor.	1145

The attorney general shall examine the evidence within ten	1146
business days after referral from the auditor of state. If the	1147
attorney general finds, by a preponderance of the evidence, that	1148
one or more of the allegations is sustained and that the criteria	1149
established by rule by the auditor of state has been met, then the	1150
attorney general shall notify, by certified mail, the county	1151
treasurer or the board of county commissioners initiating the	1152
complaint and the county auditor. The attorney general, within	1153
forty-five days of the notification to the county treasurer or the	1154
board of county commissioners initiating the complaint and the	1155
county auditor, shall cause suit to be instituted against the	1156
county auditor and against the auditor's surety or sureties for	1157
the amount due, with a ten per cent penalty on that amount.	1158
Nothing in this section is intended to remove the authority of the	1159
attorney general to enter into mediation, settlement, or	1160
resolution of the claims brought prior to or following the filing	1161
of any complaint.	1162

The suit shall be instituted by the attorney general by the	1163
filing of a complaint for the removal of the county auditor with	1164
the court of common pleas of the county in which the county	1165
auditor against whom the complaint is filed holds office. The suit	1166
shall have precedence over all civil business. The judge or clerk	1167
of the court of common pleas shall cause to be served upon the	1168
county auditor the complaint and a notice of hearing, at least ten	1169
days before the hearing upon the complaint. The hearing shall be	1170
held not later than thirty days after the date of the filing of	1171
the complaint unless good cause is shown for its continuance. At	1172
the hearing or prior to, upon a showing of good cause, the court	1173
may issue an order restraining the county auditor from entering or	1174
conducting the affairs of the office pending a hearing on the	1175
complaint. If such order is issued, the court may continue the	1176
order until the conclusion of proceedings.	1177

(2) The county auditor is entitled, with or without counsel,	1178
to appear and introduce evidence at the hearing and trial.	1179
Notwithstanding any other provision of the Revised Code, the	1180
county shall be responsible for payment of reasonable attorney's	1181
fees for counsel for the county auditor. If a judgment is entered	1182
against the county auditor, the court shall order the county	1183
auditor to reimburse the county for attorney's fees and costs up	1184
to a reasonable amount as determined by the court.	1185

(B) Removal proceedings shall be tried before a judge of the	1186
court of common pleas who shall be the trier of fact unless either	1187
party demands a trial by jury. Otherwise, the proceedings shall be	1188
governed by Rule 38 and Rule 39 of the Rules of Civil Procedure.	1189
If the court or jury find, by a preponderance of the evidence, one	1190
or more of the allegations in the complaint are sustained, a	1191
judgment of removal from public office shall be issued against the	1192
county auditor, the office shall be deemed vacated, and the	1193
vacancy shall be filled as provided in section 305.02 of the	1194
Revised Code.	1195

If the court is the trier of fact, findings of fact and	1196
conclusions of law shall be issued. Rule 62 of the Rules of Civil	1197
Procedure applies to any stay proceedings, and the court retains	1198
authority to issue appropriate orders where public dollars may be	1199
at risk, including an order restraining the county auditor from	1200
entering and conducting the business of the office held.	1201

(C)(1) The decision of the court of common pleas for the	1202
removal of a county auditor may be reviewed on appeal by the court	1203
of appeals. Upon the filing of any notice of appeal by any party	1204
to the proceedings, the court of appeals shall handle the case as	1205
an expedited appeal pursuant to Rule 11.2 of the Rules of	1206
Appellate Procedure.	1207

(2) In all cases before the court of appeals involving the	1208
removal of a county auditor under this section, the county auditor	1209
has the right of review or appeal to the supreme court.	1210

(D) In removal proceedings instituted under this section, the	1211
court of common pleas may subpoena witnesses and compel their	1212
attendance in the same manner as in civil cases. Process shall be	1213
served by the sheriff of the county in which a witness resides.	1214
Witness fees and other fees in connection with the removal	1215
proceedings shall be the same as in civil cases, and the expenses	1216
incurred in removal proceedings shall be paid out of the county	1217
general revenue fund.	1218

(E) Immediately following a final decision that the county	1219
auditor shall be removed from office, the vacancy shall be filled	1220
as provided in section 305.02 of the Revised Code.	1221

(F) Any individual removed from office under this section is	1222
not entitled to hold another public office for at least four years	1223
following the date of the judgment, and is not entitled to hold	1224
public office until the settlement is made or restitution and	1225
costs are recovered. Nothing in this section shall remove the	1226
authority of the attorney general to resolve claims as provided in	1227
section 9.24 of the Revised Code.	1228

(G)(1) Notwithstanding anything to the contrary in section	1229
121.22 of the Revised Code, all meetings of the legislative	1230
authority called to discuss and initiate a complaint under these	1231
provisions shall be closed to the public.	1232

(2) Notwithstanding anything to the contrary in section	1233
149.43 of the Revised Code, the complaint and evidence before the	1234
auditor of state and attorney general shall not be made available	1235
to the public for inspection or copying until the attorney general	1236
issues a written report under this provision or files a complaint	1237
for removal.	1238

(3) No member, employee, or agent of the auditor of state or	1239
the attorney general shall divulge any information or any books,	1240
papers, or documents in printed or electronic form presented in	1241
the complaint and review process, without the consent, in writing,	1242
of the auditor of state or attorney general.	1243

(4) No complainant, or person acting at the direction of the	1244
complainant, shall disclose that a complaint and evidence has been	1245
filed with the auditor of state or the attorney general until such	1246
time as the attorney general releases a written report regarding	1247
disposition of the allegations brought under this provision or	1248
files a complaint for removal in a court of record.	1249

Any person who violates this division shall be fined not more	1250
than five hundred dollars.	1251

Sec. 321.37. (A) If the county treasurer negligently fails to	1252
make a settlement or to pay over money as prescribed by law	1253
perform a duty expressly imposed by law with respect to the public	1254
office, or negligently does any act expressly forbidden by law	1255
with respect to the public office, the county auditor or a	1256
majority of the board of county commissioners may submit a sworn	1257
affidavit particularly describing the alleged violation along with	1258
supporting evidence of such violation to the auditor of state	1259
according to criteria established by rule by the auditor of state.	1260
The auditor of state shall examine the evidence within ten	1261
business days. If the auditor of state finds, by a preponderance	1262
of the evidence, that one or more of the allegations is sustained	1263
and that one or more of the criteria are met, then the auditor of	1264
state shall submit those findings in writing to the attorney	1265
general and the county treasurer.	1266

The attorney general shall examine the evidence within ten	1267
business days after referral from the auditor of state. If the	1268
attorney general finds, by a preponderance of the evidence, that	1269
one or more of the allegations is sustained and that the criteria	1270
established by rule by the auditor of state has been met, then the	1271
attorney general shall notify, by certified mail, the county	1272
auditor or board of county commissioners initiating the complaint	1273
and the county treasurer. The attorney general, within forty-five	1274
days of the notification to the county auditor or board of county	1275
commissioners initiating the complaint and the county treasurer,	1276
shall cause suit to be instituted against such treasurer and his	1277
the treasurer's surety or sureties for the amount due, with a ten	1278
per cent penalty on such amount, which suit shall have precedence	1279
of over all civil business.	1280

Nothing in this section is intended to remove the authority	1281
of the attorney general to enter into mediation, settlement, or	1282
resolution of the claims brought prior to or following the filing	1283
of any complaint.	1284

The suit shall be instituted by the attorney general by the	1285
filing of a complaint for removal of the county treasurer with the	1286
court of common pleas of the county in which the county treasurer	1287
against whom the complaint is filed holds office.	1288

(B)(1) Notwithstanding anything to the contrary in section	1289
121.22 of the Revised Code, all meetings of the legislative	1290
authority called to discuss and initiate a complaint under these	1291
provisions shall be closed to the public.	1292

(2) Notwithstanding anything to the contrary in section	1293
149.43 of the Revised Code, the complaint and evidence before the	1294
auditor of state and attorney general shall not be made available	1295
to the public for inspection or copying until the attorney general	1296
issues a written report under this provision or files a complaint	1297
for removal.	1298

(3) No member, employee, or agent of the auditor of state or	1299
the attorney general shall divulge any information or any books,	1300
papers, or documents in printed or electronic form presented in	1301
the complaint and review process, without the consent, in writing,	1302
of the auditor of state or attorney general.	1303

(4) No complainant, or person acting at the direction of the	1304
complainant, shall disclose that a complaint and evidence has been	1305
filed with the auditor of state or the attorney general until such	1306
time as the attorney general releases a written report regarding	1307
disposition of the allegations brought under this provision or	1308
files a complaint for removal in a court of record.	1309

Any person who violates this division shall be fined not more	1310
than five hundred dollars.	1311

Sec. 321.38. Immediately on(A)(1) On the institution of the	1312
a suit mentioned inunder section 321.37 of the Revised Code, the	1313
board of county commissioners may remove such county treasurer and	1314
appoint some person to fill the vacancy created. The person so	1315
appointed shall give bond and take the oath of office prescribed	1316
for treasurersjudge or clerk of the court of common pleas shall	1317
cause to be served upon the county treasurer the complaint and a	1318
notice of hearing, at least ten days before the hearing upon the	1319
complaint. The hearing shall be held not later than thirty days	1320
after the date of the filing of the complaint unless good cause is	1321
shown for its continuance. At the hearing or prior to, upon a	1322
showing of good cause, the court may issue an order restraining	1323
the county treasurer from entering or conducting the affairs of	1324
the office pending a hearing on the complaint. If such order is	1325
issued, the court may continue the order until the conclusion of	1326
proceedings.	1327

(2) The county treasurer is entitled, with or without	1328
counsel, to appear and introduce evidence at the hearing and	1329
trial. Notwithstanding any other provision of the Revised Code,	1330
the county shall be responsible for payment of reasonable	1331
attorney's fees for counsel for the county treasurer. If a	1332
judgment is entered against the county treasurer, the court shall	1333
order the county treasurer to reimburse the county for attorney's	1334
fees and costs up to a reasonable amount as determined by the	1335
court.	1336

(B) Removal proceedings shall be tried before a judge of the	1337
court of common pleas who shall be the trier of fact unless either	1338
party demands trial by jury. Otherwise, the proceedings shall be	1339
governed by Rule 38 and Rule 39 of the Rules of Civil Procedure.	1340
If the court or jury find, by a preponderance of the evidence, one	1341
or more of the allegations in the complaint are sustained, a	1342
judgment of removal from public office shall issue against the	1343
county treasurer, the office shall be deemed vacated, and the	1344
vacancy shall be filled as provided in section 305.02 of the	1345
Revised Code.	1346

If the court is the trier of fact, findings of fact and	1347
conclusions of law shall issue. Rule 62 of the Rules of Civil	1348
Procedure applies to any stay proceedings, and the court retains	1349
authority to issue appropriate orders where public dollars may be	1350
at risk, including an order restraining the county treasurer from	1351
entering and conducting the business of the office held.	1352

(C)(1) The decision of the court of common pleas for the	1353
removal of a county treasurer may be reviewed on appeal by the	1354
court of appeals. Upon the filing of any notice of appeal by any	1355
party to the proceedings, the court of appeals shall handle the	1356
case as an expedited appeal pursuant to Rule 11.2 of the Rules of	1357
Appellate Procedure.	1358

(2) In all cases before the court of appeals involving the	1359
removal of a county treasurer under this section, the county	1360
treasurer has the right of review or appeal to the supreme court.	1361

(D) In removal proceedings under this section, the court of	1362
common pleas may subpoena witnesses and compel their attendance in	1363
the same manner as in civil cases. Process shall be served by the	1364
sheriff of the county in which a witness resides. Witness fees and	1365
other fees in connection with the removal proceedings shall be the	1366
same as in civil cases, and the expenses incurred in removal	1367
proceedings shall be paid out of the general revenue fund of the	1368
county.	1369

(E) Immediately following a final decision that the county	1370
treasurer shall be removed from office, the vacancy shall be	1371
filled as provided in section 305.02 of the Revised Code.	1372

(F) Any individual removed from office under this section is	1373
not entitled to hold public office for at least four years	1374
following the date of the judgment and is not entitled to hold	1375
public office until the settlement is made or restitution and	1376
costs are recovered. Nothing in this section shall remove the	1377
authority of the attorney general to resolve claims as provided in	1378
section 9.24 of the Revised Code.	1379

Sec. 321.46.  (A) To enhance the background and working	1380
knowledge of county treasurers in governmental accounting,	1381
portfolio reporting and compliance, investments, and cash	1382
management, the auditor of state and the treasurer of state shall	1383
conduct education programs for persons elected for the first time	1384
to the office of county treasurer and shall hold biennial	1385
continuing education programs for persons who continue to hold the	1386
office of county treasurer. Education programs for newly elected	1387
county treasurers shall be held between the first day of December	1388
and the first Monday of September next following that person's	1389
election to the office of county treasurer. Similar initial	1390
training may also be provided to any county treasurer who is	1391
appointed to fill a vacancy or who is elected at a special	1392
election.	1393

(B)(1) The auditor of state shall determine the manner and	1394
content of the education programs in the subject areas of	1395
governmental accounting and portfolio reporting and compliance. In	1396
those areas, newly elected county treasurers shall take at least	1397
thirteen hours of education before taking office.	1398

(2) The treasurer of state shall determine the manner and	1399
content of the education programs in the subject areas of	1400
investments and cash management. In those areas, newly elected	1401
county treasurers shall take at least thirteen hours of education	1402
before taking office.	1403

(3)(a) After completing one year in office, a county	1404
treasurer shall take not less than twenty-four hours of continuing	1405
education during each biennial cycle. For purposes of division	1406
(B)(3)(a) of this section, a biennial cycle for continuing	1407
education shall be every two calendar years after the treasurer's	1408
first year in office. The treasurer of state shall determine the	1409
manner and content of the education programs in the subject areas	1410
of investments, cash management, the collection of taxes, ethics,	1411
and any other subject area that the treasurer of state determines	1412
is reasonably related to the duties of the office of the county	1413
treasurer. The auditor of state shall determine the manner and	1414
content of the education programs in the subject areas of	1415
governmental accounting, portfolio reporting and compliance,	1416
office management, and any other subject area that the auditor of	1417
state determines is reasonably related to the duties of the office	1418
of the county treasurer.	1419

(b) A county treasurer who accumulates more than twenty-four	1420
hours of continuing education in a biennial cycle described in	1421
division (B)(3)(a) of this section may credit the hours in excess	1422
of twenty-four hours to the next biennial cycle. However,	1423
regardless of the total number of hours earned, no more than six	1424
hours in the education programs determined by the treasurer of	1425
state pursuant to division (B)(3)(a) of this section and six hours	1426
in the education programs determined by the auditor of state	1427
pursuant to that division shall be carried over to the next	1428
biennial cycle.	1429

(c) A county treasurer who participates in a training program	1430
or seminar established under section 109.43 of the Revised Code	1431
may apply the three hours of training to the twenty-four hours of	1432
continuing education required in a biennial cycle under division	1433
(B)(3)(a) of this section.	1434

(C) The auditor of state and the treasurer of state may each	1435
charge counties a registration fee that will meet actual and	1436
necessary expenses of the training of county treasurers, including	1437
instructor fees, site acquisition costs, and the cost of course	1438
materials. The necessary personal expenses of county treasurers as	1439
a result of attending the training programs shall be borne by the	1440
counties the treasurers represent.	1441

(D) The auditor of state and the treasurer of state may allow	1442
any other interested person to attend any of the education	1443
programs that are held pursuant to this section, provided that	1444
before attending any such education program, the interested person	1445
shall pay to either the auditor of state or the treasurer of	1446
state, as appropriate, the full registration fee set for the	1447
education program.	1448

(E)(1) If a county treasurer fails to complete the initial	1449
education programs required by this section before taking office,	1450
the treasurer's authority to invest county funds and to manage the	1451
county portfolio immediately is suspended, and this authority is	1452
transferred to the county's investment advisory committee until	1453
full compliance with the initial education programs is determined	1454
by the treasurer of state.	1455

(2) If a county treasurer fails to complete continuing	1456
education programs as required by this section, the county	1457
treasurer is subject to divisions (B) to (E) of section 321.47 of	1458
the Revised Code, including possible suspension of the treasurer's	1459
authority to invest county funds and to manage the county	1460
portfolio and transfer of this authority to the county's	1461
investment advisory committee.	1462

(3) If a county treasurer fails to complete the initial	1463
education programs and continuing education programs required by	1464
this section, the board of county commissioners may not purchase a	1465
policy or policies of professional indemnity insurance for the	1466
county treasurer under section 9.831 of the Revised Code.	1467

(F)(1) Notwithstanding divisions (B) and (E) of this section,	1468
a county treasurer who fails to complete the initial or continuing	1469
education programs required by this section shall invest only in	1470
the Ohio subdivisions fund pursuant to division (A)(6) of section	1471
135.35 of the Revised Code, in no load money market mutual funds	1472
pursuant to division (A)(5) of section 135.35 of the Revised Code,	1473
or in time certificates of deposit or savings or deposit accounts	1474
pursuant to division (A)(3) of section 135.35 of the Revised Code.	1475

(2) A county treasurer who has failed to complete the initial	1476
education programs required by this section and invests in other	1477
than the investments permitted by division (F)(1) of this section	1478
immediately shall have the county treasurer's authority to invest	1479
county funds and to manage the county portfolio suspended, and	1480
this authority shall be transferred to the county's investment	1481
advisory committee until full compliance with the initial	1482
education programs is determined by the treasurer of state.	1483

(3) If a county treasurer fails to complete continuing	1484
education programs required by this section and invests in other	1485
than the investments permitted by division (F)(1) of this section,	1486
the county treasurer is subject to divisions (B) to (E) of section	1487
321.47 of the Revised Code, including possible suspension of the	1488
treasurer's authority to invest county funds and to manage the	1489
county portfolio and transfer of this authority to the county's	1490
investment advisory committee.	1491

(G)(1) There is hereby created in the state treasury the	1492
county treasurer education fund, to be used by the treasurer of	1493
state for actual and necessary expenses of education programs held	1494
pursuant to this section and section 135.22 of the Revised Code.	1495
All registration fees collected by the treasurer of state under	1496
this section and section 135.22 of the Revised Code shall be paid	1497
into that fund.	1498

(2) All registration fees collected by the auditor of state	1499
under this section shall be paid into the auditor of state	1500
training program fund established under section 117.44 of the	1501
Revised Code.	1502

(H) The treasurer of state, with the advice and consent of	1503
the auditor of state, may adopt reasonable rules not inconsistent	1504
with this section for the implementation of this section.	1505

Sec. 507.12. (A) To enhance the background and working	1506
knowledge of township fiscal officers in government and fund	1507
accounting, budgeting and financing, financial report preparation,	1508
portfolio reporting and compliance, investments, cash management,	1509
charts of accounts, audits, and ethics, including rules adopted by	1510
the auditor of state, the auditor of state shall conduct education	1511
programs for individuals elected for the first time to the office	1512
of township fiscal officer and shall conduct biennial continuing	1513
education courses for individuals who continue to hold the office	1514
of township fiscal officer. The Ohio township association also may	1515
conduct such education programs and biennial continuing education	1516
courses. Similar initial training also may be provided to any	1517
township fiscal officer who is appointed to fill a vacancy. The	1518
auditor of state, in conjunction with the Ohio township	1519
association, shall determine the manner and content of the	1520
education programs and continuing education courses in	1521
governmental finance.	1522

(B) Each newly elected township fiscal officer, prior to	1523
commencing the term of office to which elected or during the first	1524
year in office, shall attend and successfully complete six hours	1525
of education programs offered or approved by the auditor of state	1526
as described in division (A) of this section. Thereafter, in the	1527
remaining three years of the term, the township fiscal officer	1528
shall complete eighteen hours of continuing education. A township	1529
fiscal officer who is elected to a subsequent term of office shall	1530
attend and successfully complete twelve hours of education	1531
programs.	1532

An officer who participates and successfully completes a	1533
training program held under section 117.44 of the Revised Code may	1534
apply those hours towards the six hours of education programs	1535
required to be completed prior to commencing the term of office or	1536
during the first year in office.	1537

The eighteen hours of education required to be completed	1538
during the three years remaining in the officer's first term shall	1539
include at least two hours of ethics and substance abuse training.	1540

An officer who teaches an approved course is entitled to	1541
credit for the course in the same manner as if the officer had	1542
attended the course.	1543

As used in this division, "newly elected" means a person who	1544
did not hold the office of township fiscal officer on the date the	1545
person was elected as township fiscal officer.	1546

(C) A certified public accountant who serves as a township	1547
fiscal officer may apply to the continuing education hours	1548
required by division (B) of this section, for the second year in	1549
office or a later year, any hours of continuing education	1550
completed under section 4701.11 of the Revised Code after being	1551
elected or appointed as a township fiscal officer.	1552

(D) A township fiscal officer may apply to the continuing	1553
education hours required by division (B) of this section, for the	1554
second year in office or a later year, any hours of continuing	1555
education completed under section 135.22 of the Revised Code after	1556
being elected or appointed as a township fiscal officer.	1557

(E) The auditor of state shall establish rules for the	1558
completion and verification of education programs and continuing	1559
education courses required under this section. The auditor of	1560
state shall issue a certificate of completion to each township	1561
fiscal officer who completes the education programs and continuing	1562
education courses required by this section. The auditor of state	1563
shall issue a "failure to complete" notice to any township fiscal	1564
officer who is required to complete education programs and	1565
continuing education courses under this section, but who fails to	1566
do so. The notice is for informational purposes only and does not	1567
affect any individual's ability to hold the office of township	1568
fiscal officer. If a township fiscal officer does not complete the	1569
education programs and continuing education courses required by	1570
this section, the board of township trustees may not purchase a	1571
policy or policies of professional indemnity insurance for the	1572
township fiscal officer under section 9.831 of the Revised Code.	1573

(F) Each board of township trustees shall approve a	1574
reasonable amount requested by the township fiscal officer to	1575
cover the costs the township fiscal officer is required to incur	1576
to meet the requirements of this section, including registration	1577
fees, lodging and meal expenses, and travel expenses.	1578

Sec. 507.15.  (A)(1) If a township fiscal officer negligently	1579
fails to perform a duty expressly imposed by law with respect to	1580
the public office, or negligently commits any act expressly	1581
forbidden by law with respect to the public office, a majority of	1582
the board of township trustees may submit a sworn affidavit	1583
particularly describing the alleged violation along with	1584
supporting evidence of such violation to the auditor of state	1585
according to criteria established by rule by the auditor of state.	1586
The auditor of state shall examine the evidence within ten	1587
business days. If the auditor of state finds, by a preponderance	1588
of the evidence, that one or more of the allegations is sustained	1589
and that one or more of the criteria are met, then the auditor of	1590
state shall submit those findings in writing to the attorney	1591
general and the township fiscal officer.	1592

The attorney general shall examine the evidence within ten	1593
business days after referral from the auditor of state. If the	1594
attorney general finds, by a preponderance of the evidence, one or	1595
more of the allegations is sustained and that the criteria	1596
established by rule by the auditor of state has been met, then the	1597
attorney general shall notify, by certified mail, the board of	1598
township trustees initiating the complaint and the township fiscal	1599
officer. The attorney general, within forty-five days of the	1600
notification to the board of township trustees initiating the	1601
complaint and the township fiscal officer, shall cause suit to be	1602
instituted against the officer and against the officer's surety or	1603
sureties for the amount due, with a ten per cent penalty on that	1604
amount. Nothing in this section is intended to remove the	1605
authority of the attorney general to enter into mediation,	1606
settlement, or resolution of the claims brought prior to or	1607
following the filing of any complaint.	1608

The suit shall be instituted by the attorney general by the	1609
filing of a complaint for the removal of the township fiscal	1610
officer with the court of common pleas of the county in which the	1611
township fiscal officer against whom the complaint is filed holds	1612
office. The suit shall have precedence over all civil business.	1613
The judge or clerk of the court of common pleas shall cause to be	1614
served upon the township fiscal officer the complaint and a notice	1615
of hearing, at least ten days before the hearing upon the	1616
complaint. The hearing shall be held not later than thirty days	1617
after the date of the filing of the complaint unless good cause is	1618
shown for its continuance. At the hearing or prior to, upon a	1619
showing of good cause, the court may issue an order restraining	1620
the township fiscal officer from entering or conducting the	1621
affairs of the office pending a hearing on the complaint. If such	1622
order is issued, the court may continue the order until the	1623
conclusion of proceedings.	1624

(2) The township fiscal officer is entitled, with or without	1625
counsel, to appear and introduce evidence at the hearing and	1626
trial. Notwithstanding any other provision of the Revised Code,	1627
the township shall be responsible for payment of reasonable	1628
attorney's fees for legal counsel for the township fiscal officer.	1629
If a judgment is entered against the fiscal officer the court	1630
shall order the fiscal officer to reimburse the township for	1631
attorney's fees and costs up to a reasonable amount as determined	1632
by the court.	1633

(B) Removal proceedings shall be tried before a judge, of the	1634
court of common pleas who shall be the trier of fact unless either	1635
party demands trial by jury. Otherwise, the proceedings shall be	1636
governed by Rule 38 and Rule 39 of the Rules of Civil Procedure.	1637
If the court or jury find, by a preponderance of the evidence, one	1638
or more of the allegations in the complaint are sustained, a	1639
judgment of removal from public office shall be issued against the	1640
township fiscal officer, the office shall be deemed vacated, and	1641
the vacancy shall be filled as provided in section 503.24 of the	1642
Revised Code.	1643

If the court is the trier of fact, findings of fact and	1644
conclusions of law shall be issued. Rule 62 of the Rules of Civil	1645
Procedure applies to any stay proceedings, and the court retains	1646
authority to issue appropriate orders where public dollars may be	1647
at risk, including an order restraining the fiscal officer from	1648
entering and conducting the business of the office held.	1649

(C)(1) The decision of the court of common pleas for the	1650
removal of a township fiscal officer may be reviewed on appeal by	1651
the court of appeals. Upon the filing of any notice of appeal by	1652
any party to the proceedings, the court of appeals shall handle	1653
the case as an expedited appeal pursuant to Rule 11.2 of the Rules	1654
of Appellate Procedure.	1655

(2) In all cases before the court of appeals involving the	1656
removal of a township fiscal officer under this section, the	1657
township fiscal officer has the right of review or appeal to the	1658
supreme court.	1659

(D) In removal proceedings instituted under this section, the	1660
court of common pleas may subpoena witnesses and compel their	1661
attendance in the same manner as in civil cases. Process shall be	1662
served by the sheriff of the county in which a witness resides.	1663
Witness fees and other fees in connection with the removal	1664
proceedings shall be the same as in civil cases, and the expenses	1665
incurred in removal proceedings shall be paid out of the general	1666
revenue fund of the township.	1667

(E) Immediately following a final decision that the township	1668
fiscal officer shall be removed from office, the vacancy shall be	1669
filled as provided in section 503.24 of the Revised Code.	1670

(F) Any individual removed from office under this section is	1671
not entitled to hold public office for at least four years	1672
following the date of the judgment, and is not entitled to hold	1673
public office until the settlement is made or restitution and	1674
costs are recovered. Nothing in this section shall remove the	1675
authority of the attorney general to resolve claims as provided in	1676
section 9.24 of the Revised Code.	1677

(G)(1) Notwithstanding anything to the contrary in section	1678
121.22 of the Revised Code, all meetings of the legislative	1679
authority called to discuss and initiate a complaint under these	1680
provisions shall be closed to the public.	1681

(2) Notwithstanding anything to the contrary in section	1682
149.43 of the Revised Code, the complaint and evidence before the	1683
auditor of state and attorney general shall not be made available	1684
to the public for inspection or copying until the attorney general	1685
issues a written report under this provision or files a complaint	1686
for removal.	1687

(3) No member, employee, or agent of the auditor of state or	1688
the attorney general shall divulge any information or any books,	1689
papers, or documents in printed or electronic form presented in	1690
the complaint and review process, without the consent, in writing,	1691
of the auditor of state or attorney general.	1692

(4) No complainant, or person acting at the direction of the	1693
complainant, shall disclose that a complaint and evidence has been	1694
filed with the auditor of state or the attorney general until such	1695
time as the attorney general releases a written report regarding	1696
disposition of the allegations brought under this provision or	1697
files a complaint for removal in a court of record.	1698

Any person who violates this division shall be fined not more	1699
than five hundred dollars.	1700

Sec. 733.78.  (A) As used in this section, "fiscal officer"	1701
means a village fiscal officer, a village clerk-treasurer, a	1702
village clerk, an auditor of a municipal corporation, or a	1703
treasurer of a municipal corporation.	1704

(B)(1) If a fiscal officer negligently fails to perform a	1705
duty expressly imposed by law with respect to the public office,	1706
or negligently commits any act expressly forbidden by law with	1707
respect to the public office, the legislative authority of the	1708
political subdivision may submit a sworn affidavit particularly	1709
describing the alleged violation along with supporting evidence of	1710
such violation to the auditor of state according to criteria	1711
established by rule by the auditor of state. The auditor of state	1712
shall examine the evidence within ten business days. If the	1713
auditor of state finds, by a preponderance of the evidence, that	1714
one or more of the allegations is sustained and that one or more	1715
of the criteria are met, then the auditor of state shall submit	1716
those findings in writing to the attorney general and the fiscal	1717
officer.	1718

The attorney general shall examine the evidence within ten	1719
business days after referral from the auditor of state. If the	1720
attorney general finds, by a preponderance of the evidence, that	1721
one or more of the allegations is sustained and that the criteria	1722
established by rule by the auditor of state has been met, then the	1723
attorney general shall notify, by certified mail, the legislative	1724
authority initiating the complaint and the fiscal officer. The	1725
attorney general, within forty-five days of the notification to	1726
the legislative authority initiating the complaint and the fiscal	1727
officer, shall cause suit to be instituted against the fiscal	1728
officer and against the officer's surety or sureties for the	1729
amount due, with a ten per cent penalty on that amount. Nothing in	1730
this section is intended to remove the authority of the attorney	1731
general to enter into mediation, settlement, or resolution of the	1732
claims brought prior to or following the filing of any complaint.	1733

The suit shall be instituted by the attorney general by the	1734
filing of a complaint for the removal of the fiscal officer with	1735
the court of common pleas of the county in which the fiscal	1736
officer against whom the complaint is filed holds office. The suit	1737
shall have precedence over all civil business. The judge or clerk	1738
of the court of common pleas shall cause to be served upon the	1739
fiscal officer the complaint and a notice of hearing, at least ten	1740
days before the hearing upon the complaint. The hearing shall be	1741
held not later than thirty days after the date of the filing of	1742
the complaint unless good cause is shown for its continuance. At	1743
the hearing or prior to, upon a showing of good cause, the court	1744
may issue an order restraining the township fiscal officer from	1745
entering or conducting the affairs of the office pending a hearing	1746
on the complaint. If such order is issued, the court may continue	1747
the order until the conclusion of proceedings.	1748

(2) The fiscal officer is entitled, with or without counsel,	1749
to appear and introduce evidence at the hearing and trial.	1750
Notwithstanding any other provision of the Revised Code, the	1751
legislative authority initiating the action shall be responsible	1752
for payment of reasonable attorney's fees for legal counsel for	1753
the fiscal officer. If a judgment is entered against the fiscal	1754
officer the court shall order the fiscal officer to reimburse the	1755
political subdivision for attorney's fees and costs up to a	1756
reasonable amount as determined by the court.	1757

(C) Removal proceedings shall be tried before a judge of the	1758
court of common pleas who shall be the trier of fact unless either	1759
party demands a trial by jury. Otherwise, the proceedings shall be	1760
governed by Rule 38 and Rule 39 of the Rules of Civil Procedure.	1761
If the court or jury find, by a preponderance of the evidence, one	1762
or more of the allegations in the complaint are sustained, a	1763
judgment of removal from public office shall issue against the	1764
fiscal officer, the office shall be deemed vacated, and the	1765
vacancy shall be filled as provided in section 733.31 of the	1766
Revised Code.	1767

If the court is the trier of fact, findings of fact and	1768
conclusions of law shall issue. Rule 62 of the Rules of Civil	1769
Procedure applies to any stay proceedings, and the court retains	1770
authority to issue appropriate orders where public dollars may be	1771
at risk, including an order restraining the fiscal officer from	1772
entering and conducting the business of the office held.	1773

(D)(1) The decision of the court of common pleas for the	1774
removal of a fiscal officer may be reviewed on appeal by the court	1775
of appeals. Upon the filing of any notice of appeal by any party	1776
to the proceedings, the court of appeals shall handle the case as	1777
an expedited appeal pursuant to Rule 11.2 of the Rules of	1778
Appellate Procedure.	1779

(2) In all cases before the court of appeals involving the	1780
removal of a fiscal officer under this section, the fiscal officer	1781
has the right of review or appeal to the supreme court.	1782

(E) In removal proceedings instituted under this section, the	1783
court of common pleas may subpoena witnesses and compel their	1784
attendance in the same manner as in civil cases. Process shall be	1785
served by the sheriff of the county in which a witness resides.	1786
Witness fees and other fees in connection with the removal	1787
proceedings shall be the same as in civil cases, and the expenses	1788
incurred in removal proceedings shall be paid out of the general	1789
revenue fund of the municipal corporation.	1790

(F) Immediately following a final decision that the fiscal	1791
officer shall be removed from office, the legislative authority of	1792
the municipal corporation, upon a majority vote, may appoint a	1793
successor, who shall give bond and take the oath of office	1794
prescribed for fiscal officers and, so long as otherwise qualified	1795
under law, shall serve the remainder of the removed fiscal	1796
officer's unexpired term.	1797

(G) Any individual removed from office under this section is	1798
not entitled to hold public office for at least four years	1799
following the date of the judgment, and is not entitled to hold	1800
public office until the settlement is made or restitution and	1801
costs are recovered. Nothing in this section shall remove the	1802
authority of the attorney general to resolve claims as provided in	1803
section 9.24 of the Revised Code.	1804

(H) If a municipal corporation's charter establishes a	1805
procedure for the removal of officers from office that conflicts	1806
with the removal procedure established by this section, the	1807
procedure for the removal of officers in the charter prevails.	1808

(I)(1) Notwithstanding anything to the contrary in section	1809
121.22 of the Revised Code, all meetings of the legislative	1810
authority called to discuss and initiate a complaint under these	1811
provisions shall be closed to the public.	1812

(2) Notwithstanding anything to the contrary in section	1813
149.43 of the Revised Code, the complaint and evidence before the	1814
auditor of state and attorney general shall not be made available	1815
to the public for inspection or copying until the attorney general	1816
issues a written report under this provision or files a complaint	1817
for removal.	1818

(3) No member, employee, or agent of the auditor of state or	1819
the attorney general shall divulge any information or any books,	1820
papers, or documents in printed or electronic form presented in	1821
the complaint and review process, without the consent, in writing,	1822
of the auditor of state or attorney general.	1823

(4) No complainant, or person acting at the direction of the	1824
complainant, shall disclose that a complaint and evidence has been	1825
filed with the auditor of state or the attorney general until such	1826
time as the attorney general releases a written report regarding	1827
disposition of the allegations brought under this provision or	1828
files a complaint for removal in a court of record.	1829

Any person who violates this division shall be fined not more	1830
than five hundred dollars.	1831

Sec. 733.81. (A) As used in this section, "fiscal officer"	1832
means the auditor of a municipal corporation, treasurer of a	1833
municipal corporation, village fiscal officer, village	1834
clerk-treasurer, village clerk, and, in the case of a municipal	1835
corporation that does not have an elected fiscal officer, the	1836
appointed head of the municipal corporation's finance department.	1837

(B) To enhance the background and working knowledge of fiscal	1838
officers in government and fund accounting, budgeting and	1839
financing, financial report preparation, portfolio reporting and	1840
compliance, investments, cash management, charts of accounts,	1841
audits, ethics, and rules adopted by the auditor of state, the	1842
auditor of state shall conduct education programs for individuals	1843
elected or appointed for the first time to the office of fiscal	1844
officer and shall conduct biennial continuing education courses	1845
for individuals who continue to hold the office of fiscal officer.	1846
The Ohio municipal league also may conduct such education programs	1847
and biennial continuing education courses. Similar initial	1848
training also may be provided to any fiscal officer who is	1849
appointed to fill a vacancy or who is elected at a special	1850
election. The auditor of state, in conjunction with the Ohio	1851
municipal league, shall determine the manner and content of the	1852
education programs and continuing education courses in	1853
governmental finance.	1854

(C) Each newly elected fiscal officer, prior to commencing	1855
the term of office to which elected or during the first year in	1856
office, shall attend and successfully complete six hours of	1857
education programs offered or approved by the auditor of state as	1858
described in division (A) of this section. Thereafter, in the	1859
remaining three years of the term, the fiscal officer shall	1860
complete eighteen hours of continuing education. A fiscal officer	1861
who is elected to a subsequent term of office shall attend and	1862
successfully complete at least twelve hours of education programs.	1863

A fiscal officer who participates and successfully completes	1864
a training program held under section 117.44 of the Revised Code	1865
may apply those hours towards the six hours of education programs	1866
required to be completed prior to commencing the term of office or	1867
during the first year in office.	1868

The eighteen hours of education required to be completed	1869
during the three years remaining of the fiscal officer's first	1870
term shall include at least two hours of ethics and substance	1871
abuse training.	1872

An officer who teaches an approved course is entitled to	1873
credit for the course in the same manner as if the officer had	1874
attended the course.	1875

As used in this division, "newly elected" means a person who	1876
did not hold the office of fiscal officer on the date the person	1877
was elected as township fiscal officer.	1878

(D) A certified public accountant who serves as a fiscal	1879
officer may apply to the continuing education hours required by	1880
division (C) of this section, for the second year in office or a	1881
later year, any hours of continuing education completed under	1882
section 4701.11 of the Revised Code after being elected or	1883
appointed as a fiscal officer.	1884

(E) A fiscal officer may apply to the continuing education	1885
hours required by division (C) of this section, for the second	1886
year in office or a later year, any hours of continuing education	1887
completed under section 135.22 of the Revised Code after being	1888
elected or appointed as a fiscal officer.	1889

(F) The auditor of state shall establish rules for the	1890
completion and verification of education programs and continuing	1891
education courses required under division (C) of this section for	1892
each of the municipal corporation's fiscal officers.	1893

(G) The auditor of state shall issue a certificate of	1894
completion to each fiscal officer who completes the education	1895
programs and continuing education courses required by this	1896
section. The auditor of state shall issue a "failure to complete"	1897
notice to any fiscal officer who is required to complete education	1898
programs and continuing education courses under this section, but	1899
who fails to do so. The notice is for informational purposes only	1900
and does not affect any individual's ability to hold the office to	1901
which the individual was elected or appointed. If a fiscal officer	1902
does not complete the education programs and continuing education	1903
courses required by this section, the legislative authority of the	1904
municipal corporation may not purchase a policy or policies of	1905
professional indemnity insurance for the fiscal officer under	1906
section 9.831 of the Revised Code.	1907

(H) A legislative authority of a municipal corporation shall	1908
approve a reasonable amount requested by the fiscal officer to	1909
cover the costs the fiscal officer is required to incur to meet	1910
the requirements of this section, including registration fees,	1911
lodging and meal expenses, and travel expenses.	1912

Sec. 2921.44.  (A) No law enforcement officer shall	1913
negligently do any of the following:	1914

(1) Fail to serve a lawful warrant without delay;

1915

(2) Fail to prevent or halt the commission of an offense or	1916
to apprehend an offender, when it is in the law enforcement	1917
officer's power to do so alone or with available assistance.	1918

(B) No law enforcement, ministerial, or judicial officer	1919
shall negligently fail to perform a lawful duty in a criminal case	1920
or proceeding.	1921

(C) No officer, having charge of a detention facility, shall	1922
negligently do any of the following:	1923

(1) Allow the detention facility to become littered or	1924
unsanitary;	1925

(2) Fail to provide persons confined in the detention	1926
facility with adequate food, clothing, bedding, shelter, and	1927
medical attention;	1928

(3) Fail to control an unruly prisoner, or to prevent	1929
intimidation of or physical harm to a prisoner by another;	1930

(4) Allow a prisoner to escape;

1931

(5) Fail to observe any lawful and reasonable regulation for	1932
the management of the detention facility.	1933

(D) No public official of the state shall recklessly create a	1934
deficiency, incur a liability, or expend a greater sum than is	1935
appropriated by the general assembly for the use in any one year	1936
of the department, agency, or institution of the state with which	1937
the public official is connected.	1938

(E) No public servant shall recklessly fail to perform a duty	1939
expressly imposed by law with respect to the public servant's	1940
office, or recklessly do any act expressly forbidden by law with	1941
respect to the public servant's office.	1942

(F) Whoever violates this section is guilty of dereliction of	1943
duty, a misdemeanor of the second degree.	1944

(G) A public servant who is a county treasurer, county	1945
auditor, township fiscal officer, auditor of a municipal	1946
corporation, treasurer of a municipal corporation, village fiscal	1947
officer, village clerk-treasurer, school district treasurer,	1948
fiscal officer of a community school established under Chapter	1949
3314. of the Revised Code, treasurer of a science, technology,	1950
engineering, and mathematics school established under Chapter	1951
3326. of the Revised Code, or fiscal officer of a	1952
college-preparatory boarding school established under Chapter	1953
3328. of the Revised Code and is convicted of or pleads guilty to	1954
dereliction of duty is disqualified from holding any public	1955
office, employment, or position of trust in this state for four	1956
years following the date of conviction or of entry of the plea,	1957
and is not entitled to hold another public office until any	1958
repayment or restitution required by the court is satisfied.	1959

(H) As used in this section, "public servant" includes anthe	1960
following:	1961

(1) An officer or employee of a contractor as defined in	1962
section 9.08 of the Revised Code;	1963

(2) A fiscal officer employed by the operator of a community	1964
school established under Chapter 3314. of the Revised Code or by	1965
the operator of a college-preparatory boarding school established	1966
under Chapter 3328. of the Revised Code.	1967

Sec. 3313.30. (A) If the auditor of state or a public	1968
accountant, pursuant to section 117.41 of the Revised Code,	1969
declares a school district to be unauditable, the auditor of state	1970
shall provide written notification of that declaration to the	1971
district and the department of education. The auditor of state	1972
also shall post the notification on the auditor of state's web	1973
site.	1974

(B) If the district's current treasurer held that position	1975
during any year for which the district is unauditable, upon	1976
receipt of the notification under division (A) of this section,	1977
the district board of education shall suspend the treasurer until	1978
the auditor of state or a public accountant has completed an audit	1979
of the district. Suspension of the treasurer may be with or	1980
without pay, as determined by the district board based on the	1981
circumstances that prompted the auditor of state's declaration.	1982
The district board shall appoint a person to assume the duties of	1983
the treasurer during the period of the suspension. If the	1984
appointee is not licensed as a treasurer under section 3301.074 of	1985
the Revised Code, the appointee shall be approved by the	1986
superintendent of public instruction prior to assuming the duties	1987
of the treasurer. The state board of education may take action	1988
under section 3319.31 of the Revised Code to suspend, revoke, or	1989
limit the license of a treasurer who has been suspended under this	1990
division.	1991

(C) Not later than forty-five days after receiving the	1992
notification under division (A) of this section, the district	1993
board shall provide a written response to the auditor of state.	1994
The response shall include the following:	1995

(1) An overview of the process the district board will use to	1996
review and understand the circumstances that led to the district	1997
becoming unauditable;	1998

(2) A plan for providing the auditor of state with the	1999
documentation necessary to complete an audit of the district and	2000
for ensuring that all financial documents are available in the	2001
future;	2002

(3) The actions the district board will take to ensure that	2003
the plan described in division (C)(2) of this section is	2004
implemented.	2005

(D) If the school district fails to make reasonable efforts	2006
and continuing progress to bring its accounts, records, files, or	2007
reports into an auditable condition within ninety days after being	2008
declared unauditable, the auditor of state, in addition to	2009
requesting legal action under sections 117.41 and 117.42 of the	2010
Revised Code, shall notify the district and the department of the	2011
district's failure. If the auditor of state or a public accountant	2012
subsequently is able to complete a financial audit of the	2013
district, the auditor of state shall notify the district and the	2014
department that the audit has been completed.	2015

(E) Notwithstanding any provision to the contrary in Chapter	2016
3317. of the Revised Code or any other provision of law, upon	2017
notification by the auditor of state under division (D) of this	2018
section that the district has failed to make reasonable efforts	2019
and continuing progress to bring its accounts, records, files, or	2020
reports into an auditable condition, the department shall	2021
immediately cease all payments to the district under Chapter 3317.	2022
of the Revised Code and any other provision of law. Upon	2023
subsequent notification from the auditor of state under that	2024
division that the auditor of state or a public accountant was able	2025
to complete a financial audit of the district, the department	2026
shall release all funds withheld from the district under this	2027
section.	2028

Sec. 3314.023. In order to provide monitoring and technical	2029
assistance, a representative of the sponsor of a community school	2030
shall meet with the governing authority or treasurerfiscal	2031
officer of the school and shall review the financial and	2032
enrollment records of the school at least once every month. Not	2033
later than ten days after each review, the sponsor shall provide	2034
the governing authority and fiscal officer with a written report	2035
regarding the review.	2036

Sec. 3314.50.  No community school shall, on or after the	2037
effective date of this section, open for operation in any school	2038
year unless the governing authority of the school has posted a	2039
surety bond in the amount of fifty thousand dollars with the	2040
auditor of state. In lieu of a surety bond, a community school	2041
governing authority may deposit with the auditor of state cash in	2042
the amount of fifty thousand dollars as a guarantee of payment.	2043
The bond or cash guarantee shall be used, in the event the school	2044
closes, to pay the auditor of state any moneys owed by the school	2045
for the costs of audits conducted by the auditor of state or a	2046
public accountant under Chapter 117. of the Revised Code.	2047

Immediately upon the filing of a surety bond or the deposit	2048
of cash, the auditor of state shall deliver the bond or cash to	2049
the treasurer of state, who shall hold it in trust for the	2050
purposes prescribed in this section. The treasurer of state shall	2051
be responsible for the safekeeping of all surety bonds filed or	2052
cash deposited under this section. The auditor of state shall	2053
notify the department of education when the school's governing	2054
authority has filed the bond or deposited the cash guarantee.	2055

When the auditor of state finds that a community school has	2056
closed and cannot pay for the costs of audits, the auditor of	2057
state shall declare the surety bond or cash deposit forfeited. The	2058
auditor of state shall certify the amount of forfeiture to the	2059
treasurer of state who shall pay money from the named surety or	2060
from the school's cash deposit as needed to reimburse the auditor	2061
of state or public accountant for costs incurred in conducting	2062
audits of the school.	2063

Sec. 267.50.70.        Sec. 3314.51. UNAUDITABLE COMMUNITY SCHOOL(A)

2064

(A) If the Auditorauditor of Statestate or a public	2065
accountant, pursuant to section 117.41 of the Revised Code,	2066
declares a community school established under Chapter 3314. of	2067
the Revised Code to be unauditable, the Auditorauditor of State	2068
state shall provide written notification of that declaration to	2069
the school, the school's sponsor, and the Departmentdepartment of	2070
Educationeducation. The Auditorauditor of Statestate also	2071
shall post the notification on the Auditorauditor of State's	2072
state's web site.	2073

(B) If the community school's current fiscal officer held	2074
that position during any year for which the school is unauditable,	2075
upon receipt of the notification under division (A) of this	2076
section, the governing authority of the school shall suspend the	2077
fiscal officer until the auditor of state or a public accountant	2078
has completed an audit of the school, except that if the school	2079
has an operator and the operator employs the fiscal officer, the	2080
operator shall suspend the fiscal officer for that period.	2081
Suspension of the fiscal officer may be with or without pay, as	2082
determined by the entity imposing the suspension based on the	2083
circumstances that prompted the auditor of state's declaration.	2084
The entity imposing the suspension shall appoint a person to	2085
assume the duties of the fiscal officer during the period of the	2086
suspension. If the appointee is not licensed as a treasurer under	2087
section 3301.074 of the Revised Code, the appointee shall be	2088
approved by the superintendent of public instruction prior to	2089
assuming the duties of the fiscal officer. The state board of	2090
education may take action under section 3319.31 of the Revised	2091
Code to suspend, revoke, or limit the license of a fiscal officer	2092
who has been suspended under this division.	2093

(C) Notwithstanding any provision to the contrary in Chapter	2094
3314. of the Revised Codethis chapter or any other provision of	2095
law, athe sponsor of athe community school that is notified by	2096
the Auditor of State under division (A) of this section that a	2097
community school it sponsors is unauditable shall not enter into	2098
contracts with any additional community schools under section	2099
3314.03 of the Revised Code untilbetween ninety days after the	2100
date of the declaration under division (A) of this section and the	2101
date the Auditorauditor of Statestate or a public accountant has	2102
completed a financial audit of thatthe school.	2103

(C)(D) Not later than forty-five days after receiving the	2104
notification by the Auditor of State under division (A) of this	2105
section that a community school is unauditable, the sponsor of the	2106
community school shall provide a written response to the Auditor	2107
auditor of Statestate. The sponsor shall provide a copy of the	2108
response to the community school. The response shall include the	2109
following:	2110

(1) An overview of the process the sponsor will use to review	2111
and understand the circumstances that led to the community school	2112
becoming unauditable;	2113

(2) A plan for providing the Auditorauditor of Statestate	2114
with the documentation necessary to complete an audit of the	2115
community school and for ensuring that all financial documents are	2116
available in the future;	2117

(3) The actions the sponsor will take to ensure that the plan	2118
described in division (C)(D)(2) of this section is implemented.	2119

(D)(E) If athe community school fails to make reasonable	2120
efforts and continuing progress to bring its accounts, records,	2121
files, or reports into an auditable condition within ninety days	2122
after being declared unauditable, the Auditorauditor of State	2123
state, in addition to requesting legal action under sections	2124
117.41 and 117.42 of the Revised Code, shall notify the Department	2125
school's sponsor and the department of the school's failure. If	2126
the Auditorauditor of Statestate or a public accountant	2127
subsequently is able to complete a financial audit of the school,	2128
the Auditorauditor of Statestate shall notify the Department	2129
school's sponsor and the department that the audit has been	2130
completed.	2131

(E)(F) Notwithstanding any provision to the contrary in	2132
Chapter 3314. of the Revised Codethis chapter or any other	2133
provision of law, upon notification by the Auditorauditor of	2134
Statestate under division (D)(E) of this section that athe	2135
community school has failed to make reasonable efforts and	2136
continuing progress to bring its accounts, records, files, or	2137
reports into an auditable condition following a declaration that	2138
the school is unauditable, the Departmentdepartment shall	2139
immediately cease all payments to the school under Chapter 3314.	2140
of the Revised Codethis chapter and any other provision of law.	2141
Upon subsequent notification from the Auditorauditor of State	2142
state under that division that the Auditorauditor of Statestate	2143
or a public accountant was able to complete a financial audit of	2144
the community school, the Departmentdepartment shall release all	2145
funds withheld from the school under this section.	2146

Sec. 3326.211. (A) If the auditor of state or a public	2147
accountant, pursuant to section 117.41 of the Revised Code,	2148
declares a science, technology, engineering, and mathematics	2149
school to be unauditable, the auditor of state shall provide	2150
written notification of that declaration to the school and the	2151
department of education. The auditor of state also shall post the	2152
notification on the auditor of state's web site.	2153

(B) If the STEM school's current treasurer held that position	2154
during any year for which the school is unauditable, upon receipt	2155
of the notification under division (A) of this section, the	2156
governing body of the school shall suspend the treasurer until the	2157
auditor of state or a public accountant has completed an audit of	2158
the school. Suspension of the treasurer may be with or without	2159
pay, as determined by the governing body based on the	2160
circumstances that prompted the auditor of state's declaration.	2161
The governing body shall appoint a person to assume the duties of	2162
the treasurer during the period of the suspension. If the	2163
appointee is not licensed as a treasurer under section 3301.074 of	2164
the Revised Code, the appointee shall be approved by the	2165
superintendent of public instruction prior to assuming the duties	2166
of the treasurer. The state board of education may take action	2167
under section 3319.31 of the Revised Code to suspend, revoke, or	2168
limit the license of a treasurer who has been suspended under this	2169
division.	2170

(C) Not later than forty-five days after receiving the	2171
notification under division (A) of this section, the governing	2172
body of the STEM school shall provide a written response to the	2173
auditor of state. The response shall include the following:	2174

(1) An overview of the process the governing body will use to	2175
review and understand the circumstances that led to the school	2176
becoming unauditable;	2177

(2) A plan for providing the auditor of state with the	2178
documentation necessary to complete an audit of the school and for	2179
ensuring that all financial documents are available in the future;	2180

(3) The actions the governing body will take to ensure that	2181
the plan described in division (C)(2) of this section is	2182
implemented.	2183

(D) If the STEM school fails to make reasonable efforts and	2184
continuing progress to bring its accounts, records, files, or	2185
reports into an auditable condition within ninety days after being	2186
declared unauditable, the auditor of state, in addition to	2187
requesting legal action under sections 117.41 and 117.42 of the	2188
Revised Code, shall notify the school and the department of the	2189
school's failure. If the auditor of state or a public accountant	2190
subsequently is able to complete a financial audit of the school,	2191
the auditor of state shall notify the school and the department	2192
that the audit has been completed.	2193

(E) Notwithstanding any provision to the contrary in this	2194
chapter or any other provision of law, upon notification by the	2195
auditor of state under division (D) of this section that the STEM	2196
school has failed to make reasonable efforts and continuing	2197
progress to bring its accounts, records, files, or reports into an	2198
auditable condition, the department shall immediately cease all	2199
payments to the school under this chapter and any other provision	2200
of law. Upon subsequent notification from the auditor of state	2201
under that division that the auditor of state or a public	2202
accountant was able to complete a financial audit of the school,	2203
the department shall release all funds withheld from the school	2204
under this section.	2205

Sec. 3328.16.  (A) Each college-preparatory boarding school	2206
established under this chapter shall have a designated fiscal	2207
officer. The auditor of state may require by rule that the fiscal	2208
officer of any college-preparatory boarding school, before	2209
entering upon duties as fiscal officer, execute a bond in an	2210
amount and with surety to be approved by the school's board of	2211
trustees, payable to the state, conditioned for the faithful	2212
performance of all the official duties required of the fiscal	2213
officer. Any such bond shall be deposited with the school's board	2214
of trustees, and a copy of the bond shall be certified by the	2215
board and filed with the county auditor.	2216

(B) Prior to assuming the duties of fiscal officer, the	2217
fiscal officer designated under this section shall be licensed as	2218
a treasurer under section 3301.074 of the Revised Code. No	2219
college-preparatory boarding school shall allow a person to serve	2220
as fiscal officer who is not licensed as required by this	2221
division.	2222

Sec. 3328.37.  (A) If the auditor of state or a public	2223
accountant, pursuant to section 117.41 of the Revised Code,	2224
declares a college-preparatory boarding school established under	2225
this chapter to be unauditable, the auditor of state shall provide	2226
written notification of that declaration to the school and the	2227
department of education. The auditor of state also shall post the	2228
notification on the auditor of state's web site.	2229

(B) If the college-preparatory boarding school's current	2230
fiscal officer held that position during any year for which the	2231
school is unauditable, upon receipt of the notification under	2232
division (A) of this section, the board of trustees of the school	2233
shall suspend the fiscal officer until the auditor of state or a	2234
public accountant has completed an audit of the school, except	2235
that if the fiscal officer is employed by the school's operator,	2236
the operator shall suspend the fiscal officer for that period.	2237
Suspension of the fiscal officer may be with or without pay, as	2238
determined by the entity imposing the suspension based on the	2239
circumstances that prompted the auditor of state's declaration.	2240
The entity imposing the suspension shall appoint a person to	2241
assume the duties of the fiscal officer during the period of the	2242
suspension. If the appointee is not licensed as a treasurer under	2243
section 3301.074 of the Revised Code, the appointee shall be	2244
approved by the superintendent of public instruction prior to	2245
assuming the duties of the fiscal officer. The state board of	2246
education may take action under section 3319.31 of the Revised	2247
Code to suspend, revoke, or limit the license of a fiscal officer	2248
who has been suspended under this division.	2249

(C) Not later than forty-five days after receiving the	2250
notification under division (A) of this section, the board of	2251
trustees of the college-preparatory boarding school shall provide	2252
a written response to the auditor of state. The response shall	2253
include the following:	2254

(1) An overview of the process the board will use to review	2255
and understand the circumstances that led to the school becoming	2256
unauditable;	2257

(2) A plan for providing the auditor of state with the	2258
documentation necessary to complete an audit of the school and for	2259
ensuring that all financial documents are available in the future;	2260

(3) The actions the board will take to ensure that the plan	2261
described in division (C)(2) of this section is implemented.	2262

(D) If the college-preparatory boarding school fails to make	2263
reasonable efforts and continuing progress to bring its accounts,	2264
records, files, or reports into an auditable condition within	2265
ninety days after being declared unauditable, the auditor of	2266
state, in addition to requesting legal action under sections	2267
117.41 and 117.42 of the Revised Code, shall notify the school and	2268
the department of the school's failure. If the auditor of state or	2269
a public accountant subsequently is able to complete a financial	2270
audit of the school, the auditor of state shall notify the school	2271
and the department that the audit has been completed.	2272

(E) Notwithstanding any provision to the contrary in this	2273
chapter or any other provision of law, upon notification by the	2274
auditor of state under division (D) of this section that the	2275
college-preparatory boarding school has failed to make reasonable	2276
efforts and continuing progress to bring its accounts, records,	2277
files, or reports into an auditable condition, the department	2278
shall immediately cease all payments to the school under this	2279
chapter and any other provision of law. Upon subsequent	2280
notification from the auditor of state under that division that	2281
the auditor of state or a public accountant was able to complete a	2282
financial audit of the school, the department shall release all	2283
funds withheld from the school under this section.	2284

Section 2.  (A) That existing sections 9.39, 121.22, 149.43,	2285
305.03, 319.04, 319.26, 321.37, 321.38, 321.46, 2921.44, and	2286
3314.023 and section 319.25 of the Revised Code are hereby	2287
repealed.	2288

(B) That existing Section 267.50.70 of Am. Sub. H.B. 153 of	2289
the 129th General Assembly is hereby repealed.	2290

Section 3.  Section 149.43 of the Revised Code is presented	2291
in this act as a composite of the section as amended by both Am.	2292
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly.	2293
The General Assembly, applying the principle stated in division	2294
(B) of section 1.52 of the Revised Code that amendments are to be	2295
harmonized if reasonably capable of simultaneous operation, finds	2296
that the composite is the resulting version of the section in	2297
effect prior to the effective date of the section as presented in	2298
this act.	2299