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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 412
2025-2026
Representative Swearingen
To
amend sections 309.09 and 733.48 of the Revised Code
to
allow a village to contract with the county prosecutor for legal
services.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 309.09 and 733.48 of the Revised Code be amended to read as
follows:
Sec.
309.09.
(A)
The prosecuting attorney shall be the legal adviser of the board of
county commissioners, board of elections, all other county officers
and boards, and all tax-supported public libraries, and any of them
may require written opinions or instructions from the prosecuting
attorney in matters connected with their official duties. The
prosecuting attorney shall prosecute and defend all suits and actions
that any such officer, board, or tax-supported public library directs
or to which it is a party, and no county officer may employ any other
counsel or attorney at the expense of the county, except as provided
in section 305.14 of the Revised Code.
(B)(1)
The prosecuting attorney shall be the legal adviser for all township
officers, boards, and commissions, unless, subject to division (B)(2)
of this section, the township has adopted a limited home rule
government pursuant to Chapter 504. of the Revised Code and has not
entered into a contract to have the prosecuting attorney serve as the
township law director, in which case, subject to division (B)(2) of
this section, the township law director, whether serving full-time or
part-time, shall be the legal adviser for all township officers,
boards, and commissions. When the board of township trustees finds it
advisable or necessary to have additional legal counsel, it may
employ an attorney other than the township law director or the
prosecuting attorney of the county, either for a particular matter or
on an annual basis, to represent the township and its officers,
boards, and commissions in their official capacities and to advise
them on legal matters. No such legal counsel may be employed, except
on the order of the board of township trustees, duly entered upon its
journal, in which the compensation to be paid for the legal services
shall be fixed. The compensation shall be paid from the township
fund.
Nothing
in this division confers any of the powers or duties of a prosecuting
attorney under section 309.08 of the Revised Code upon a township law
director.
(2)(a)
If any township in the county served by the prosecuting attorney has
adopted any resolution regarding the operation of adult entertainment
establishments pursuant to the authority that is granted under
section 503.52 of the Revised Code, or if a resolution of that nature
has been adopted under section 503.53 of the Revised Code in a
township in the county served by the prosecuting attorney, all of the
following apply:
(i)
Upon the request of a township in the county that has adopted, or in
which has been adopted, a resolution of that nature that is made
pursuant to division (E)(1)(c) of section 503.52 of the Revised Code,
the prosecuting attorney shall prosecute and defend on behalf of the
township in the trial and argument in any court or tribunal of any
challenge to the validity of the resolution. If the challenge to the
validity of the resolution is before a federal court, the prosecuting
attorney may request the attorney general to assist the prosecuting
attorney in prosecuting and defending the challenge and, upon the
prosecuting attorney's making of such a request, the attorney general
shall assist the prosecuting attorney in performing that service if
the resolution was drafted in accordance with legal guidance provided
by the attorney general as described in division (B)(2) of section
503.52 of the Revised Code. The attorney general shall provide this
assistance without charge to the township for which the service is
performed. If a township adopts a resolution without the legal
guidance of the attorney general, the attorney general is not
required to provide assistance as described in this division to a
prosecuting attorney.
(ii)
Upon the request of a township in the county that has adopted, or in
which has been adopted, a resolution of that nature that is made
pursuant to division (E)(1)(a) of section 503.52 of the Revised Code,
the prosecuting attorney shall prosecute and defend on behalf of the
township a civil action to enjoin the violation of the resolution in
question.
(iii)
Upon the request of a township in the county that has adopted, or in
which has been adopted, a resolution of that nature that is made
pursuant to division (E)(1)(b) of section 503.52 of the Revised Code,
the prosecuting attorney shall prosecute and defend on behalf of the
township a civil action under Chapter 3767. of the Revised Code to
abate as a nuisance the place in the unincorporated area of the
township at which the resolution is being or has been violated.
Proceeds from the sale of personal property or contents seized
pursuant to the action shall be applied and deposited in accordance
with division (E)(1)(b) of section 503.52 of the Revised Code.
(b)
Division (B)(2)(a) of this section applies regarding all townships,
including townships that have adopted a limited home rule government
pursuant to Chapter 504. of the Revised Code, and regardless of
whether a township that has so adopted a limited home rule government
has entered into a contract with the prosecuting attorney as
described in division (B) of section 504.15 of the Revised Code or
has appointed a law director as described in division (A) of that
section.
The
prosecuting attorney shall prosecute and defend in the actions and
proceedings described in division (B)(2)(a) of this section without
charge to the township for which the services are performed.
(C)
Whenever the board of county commissioners employs an attorney other
than the prosecuting attorney of the county, without the
authorization of the court of common pleas as provided in section
305.14 of the Revised Code, either for a particular matter or on an
annual basis, to represent the board in its official capacity and to
advise it on legal matters, the board shall enter upon its journal an
order of the board in which the compensation to be paid for the legal
services shall be fixed. The compensation shall be paid from the
county general fund. The total compensation paid, in any year, by the
board for legal services under this division shall not exceed the
total annual compensation of the prosecuting attorney for that
county.
(D)
The prosecuting attorney and the board of county commissioners
jointly may contract with a board of park commissioners under section
1545.07 of the Revised Code for the prosecuting attorney to provide
legal services to the park district the board of park commissioners
operates.
(E)
The prosecuting attorney may be, in the prosecuting attorney's
discretion and with the approval of the board of county
commissioners, the legal adviser of a joint fire district created
under section 505.371 of the Revised Code at no cost to the district,
or may be the legal adviser to the district under a contract that the
prosecuting attorney and the district enter into, and that the board
of county commissioners approves, to authorize the prosecuting
attorney to provide legal services to the district.
(F)
The prosecuting attorney may be, in the prosecuting attorney's
discretion and with the approval of the board of county
commissioners, the legal adviser of a joint ambulance district
created under section 505.71 of the Revised Code at no cost to the
district, or may be the legal adviser to the district under a
contract that the prosecuting attorney and the district enter into,
and that the board of county commissioners approves, to authorize the
prosecuting attorney to provide legal services to the district.
(G)
The prosecuting attorney may be, in the prosecuting attorney's
discretion and with the approval of the board of county
commissioners, the legal adviser of a joint emergency medical
services district created under section 307.052 of the Revised Code
at no cost to the district, or may be the legal adviser to the
district under a contract that the prosecuting attorney and the
district enter into, and that the board of county commissioners
approves, to authorize the prosecuting attorney to provide legal
services to the district.
(H)
The prosecuting attorney may be, in the prosecuting attorney's
discretion and with the approval of the board of county
commissioners, the legal adviser of a fire and ambulance district
created under section 505.375 of the Revised Code at no cost to the
district, or may be the legal adviser to the district under a
contract that the prosecuting attorney and the district enter into,
and that the board of county commissioners approves, to authorize the
prosecuting attorney to provide legal services to the district.
(I)
The prosecuting attorney may be, in the prosecuting attorney's
discretion and with the approval of the board of county
commissioners, the legal adviser to the board of trustees of a
regional airport authority created under Chapter 308. of the Revised
Code or the board of directors of a port authority created under
Chapter 4582. of the Revised Code under a contract that the
prosecuting attorney and the board of trustees or board of directors
enter into. If the regional airport authority or port authority
covers territory in more than one county, the board of trustees or
board of directors may choose the prosecuting attorney with whom it
enters into such contract, with the approval of the board of county
commissioners of that county. The contract may provide for the
payment of a fee to the prosecuting attorney for legal services
agreed to under the contract.
(J)
The prosecuting attorney may be, in the prosecuting attorney's
discretion and with the approval of the board of county
commissioners, the legal adviser to a regional planning commission
created under section 713.21 of the Revised Code under a contract
that the prosecuting attorney and commission enter into. If the
regional planning commission covers a region in more than one county,
the commission may choose the prosecuting attorney with whom it
enters into such contract, with the approval of the board of county
commissioners of that county. The contract may provide for the
payment of a fee to the prosecuting attorney for legal services
agreed to under the contract.
(K)
The prosecuting attorney may be, in the prosecuting attorney's
discretion and with the approval of the board of county
commissioners, the legal adviser to a regional council of governments
created under Chapter 167. of the Revised Code under a contract that
the prosecuting attorney and council enter into. If the regional
council of governments covers a region in more than one county, the
council may choose the prosecuting attorney with whom it enters into
such contract, with the approval of the board of county commissioners
of that county. The contract may provide for the payment of a fee to
the prosecuting attorney for legal services agreed to under the
contract.
(L)
The prosecuting attorney may be, in the prosecuting attorney's
discretion and with the approval of the board of county
commissioners, the legal adviser to a metropolitan planning
organization, or to a regional transportation planning organization
that has been designated by the governor under 23 U.S.C. 135, under a
contract that the prosecuting attorney and organization enter into.
If the organization covers a region in more than one county, the
organization may choose the prosecuting attorney with whom it enters
into such contract, with the approval of the board of county
commissioners of that county. The contract may provide for the
payment of a fee to the prosecuting attorney for legal services
agreed to under the contract.
(M)
The prosecuting attorney may be, in the prosecuting attorney's
discretion and with the approval of the board of county
commissioners, the legal adviser to a transportation improvement
district created under Chapter 5540. of the Revised Code under a
contract between the prosecuting attorney and the transportation
improvement district. The contract may provide for the payment of a
fee to the prosecuting attorney for legal services agreed to under
the contract.
(N)
The
prosecuting attorney may be, in the prosecuting attorney's discretion
and with the approval of the board of county commissioners, the legal
adviser to a village under section 733.48 of the Revised Code under a
contract that the prosecuting attorney and village enter into. If the
village is located in more than one county, the village may contract
with the prosecuting attorney of the county wherein the majority of
the village's territory is located, with the approval of the board of
county commissioners of that county. The contract may provide for the
payment of a fee to the prosecuting attorney for legal services
agreed to under the contract.
(O)
All
money received pursuant to a contract entered into under division
(D), (E), (F), (G), (H), (I), (J), (K), (L),
or
(M)
,
or (N)
of this section shall be deposited into the prosecuting attorney's
legal services fund, which shall be established in the county
treasury of each county in which such a contract exists. Moneys in
that fund may be appropriated only to the prosecuting attorney for
the purpose of providing legal services to a park district, joint
fire district, joint ambulance district, joint emergency medical
services district, fire and ambulance district, regional airport
authority, port authority, regional planning commission, regional
council of governments, metropolitan planning organization, regional
transportation planning organization, or transportation improvement
district as applicable, under a contract entered into under the
applicable division.
(O)
(P)
The prosecuting attorney shall be the legal adviser of a lake
facilities authority as provided in section 353.02 of the Revised
Code.
Sec.
733.48.
(A)
Except as provided in division (B) of this section, when it considers
it necessary, the legislative authority of a village may provide
legal counsel for the village, or for any department or official of
the village, for a period not to exceed two years and shall provide
compensation for the legal counsel.
(B)
A petition may be filed with the village clerk, signed by registered
electors residing in the village equal in number to not less than ten
per cent of the total vote cast for all candidates for governor in
the village at the most recent general election at which a governor
was elected, requesting that the question be placed before the
electors whether, instead of the legislative authority appointing
legal counsel for the village or for any department or official of
the village, the mayor shall appoint an attorney or law firm as the
legal counsel with the advice and consent of the legislative
authority. Within two weeks after receipt of the petition, the clerk
shall certify it to the board of elections, which shall determine its
sufficiency and validity. The petition shall be certified to the
board not less than ninety days prior to the election at which the
question is to be voted upon.
At
the election, if a majority of the electors of the village approves
the question, then effective immediately when the mayor considers it
necessary, the mayor shall appoint, with the advice and consent of
the legislative authority, an attorney or law firm as legal counsel
for the village, or for any department or official of the village,
for a period not to exceed two years. The appointment of legal
counsel under this division shall be pursuant to a contract approved
by the mayor and a majority vote of the legislative authority. The
contract shall provide for the compensation and other terms of the
engagement of the legal counsel, and the legislative authority shall
provide that compensation for the legal counsel.
(C)
When acting under this section, the legislative authority acts in its
administrative capacity.
(D)
The legislative authority or mayor may provide legal counsel under
this section by contracting with the county prosecutor as provided in
section 309.09 of the Revised Code.
Section
2.
That
existing sections 309.09 and 733.48 of the Revised Code are hereby
repealed.