Ohio Revised Code
Chapter 305 | Board of County Commissioners - Generally
Section 305.03 | Absence of Certain County Officers; Office Deemed Vacant.

Effective: March 23, 2015
Latest Legislation: House Bill 10 - 130th General Assembly
(A)(1) Whenever any county officer, except the county auditor or county treasurer, fails to perform the duties of office for ninety consecutive days, except in case of sickness or injury as provided in divisions (B) and (C) of this section, the office shall be deemed vacant.
(2) Whenever any county auditor or county treasurer fails to perform the duties of office for thirty consecutive days, except in case of sickness or injury as provided in divisions (B) and (C) of this section, the office shall be deemed vacant.
(B) Whenever any county officer is absent because of sickness or injury, the officer shall cause to be filed with the board of county commissioners a physician's certificate of the officer's sickness or injury. If the certificate is not filed with the board within ten days after the expiration of thirty consecutive days, in the case of a county auditor or county treasurer, or within ten days after the expiration of ninety consecutive days of absence, in the case of all other county officers, the office shall be deemed vacant.
(C) Whenever a county officer files a physician's certificate under division (B) of this section, but continues to be absent for an additional thirty days commencing immediately after the last day on which this certificate may be filed under division (B) of this section, the office shall be deemed vacant.
(D) If at any time two county commissioners in a county are absent and have filed a physician's certificate under division (B) of this section, the county coroner, in addition to performing the duties of coroner, shall serve as county commissioner until at least one of the absent commissioners returns to office or until the office of at least one of the absent commissioners is deemed vacant under this section and the vacancy is filled. If the coroner so requests, the coroner shall be paid a per diem rate for the coroner's service as a commissioner. That per diem rate shall be the annual salary specified by law for a county commissioner of that county whose term of office began in the same year as the coroner's term of office began, divided by the number of days in the year.
While the coroner is serving as a county commissioner, the coroner shall be considered an acting county commissioner and shall perform the duties of the office of county commissioner until at least one of the absent commissioners returns to office or until the office of at least one of the absent commissioners is deemed vacant. Before assuming the office of acting county commissioner, the coroner shall take an oath of office as provided in sections 3.22 and 3.23 of the Revised Code. The coroner's service as an acting county commissioner does not constitute the holding of an incompatible public office or employment in violation of any statutory or common law prohibition against the simultaneous holding of more than one public office or employment.
The coroner shall give a new bond in the same amount and signed and approved as provided in section 305.04 of the Revised Code. The bond shall be conditioned for the faithful discharge of the coroner's duties as acting county commissioner and for the payment of any loss or damage that the county may sustain by reason of the coroner's failure in those duties. The bond, along with the oath of office and approval of the probate judge indorsed on it, shall be deposited and paid for as provided for the bonds in section 305.04 of the Revised Code.
(E) Any vacancy declared under this section shall be filled in the manner provided by section 305.02 of the Revised Code.
(F) This section shall not apply to a county officer while in the active military service of the United States.

Structure Ohio Revised Code

Ohio Revised Code

Title 3 | Counties

Chapter 305 | Board of County Commissioners - Generally

Section 305.01 | Board of County Commissioners - Election, Term.

Section 305.02 | Vacancy in County Offices Filled by Election or Appointment.

Section 305.03 | Absence of Certain County Officers; Office Deemed Vacant.

Section 305.04 | Bond of County Commissioners - Oath of Office.

Section 305.05 | Organization; Election of President.

Section 305.06 | Regular Sessions.

Section 305.07 | Special Sessions.

Section 305.08 | Quorum.

Section 305.09 | Proceedings of Board of County Commissioners.

Section 305.10 | Written or Electronic Record and Index of Proceedings.

Section 305.11 | Signing of Record.

Section 305.12 | Liability of Commissioners.

Section 305.13 | Appointment of Clerk.

Section 305.14 | Employment of Legal Counsel.

Section 305.15 | Employment of Engineer.

Section 305.16 | Other Employees.

Section 305.17 | Compensation of Employees.

Section 305.171 | Group Insurance Coverage for County Officers and Employees.

Section 305.172 | Health Savings Account Program.

Section 305.18 | Annual Inventory.

Section 305.19 | Duty as to Reports of County Officers.

Section 305.21 | May Administer Oaths.

Section 305.22 | Shall Provide Place for Holding Courts.

Section 305.23 | Centralized Services for a County Office.

Section 305.25 | When Contracts Valid.

Section 305.26 | May Release or Compound Claims.

Section 305.27 | Interest in County Contracts Prohibited - Exception.

Section 305.28 | Criminal Justice Regional Information Fund.

Section 305.29 | County Administrator - Appointment.

Section 305.30 | County Administrator - Powers and Duties.

Section 305.31 | Procedure for Submitting to Referendum Resolution on Additional Tax.

Section 305.32 | Separate Petition Papers.

Section 305.33 | Filing Certified Copy of Commissioners' Resolution Before Circulating Referendum Petition.

Section 305.34 | Form of Petition.

Section 305.35 | Designating Petition Committee.

Section 305.36 | Circulator of Referendum Petition to File Statement.

Section 305.38 | Prohibited Acts.

Section 305.39 | Prohibited Act.

Section 305.41 | Prohibited Acts.

Section 305.42 | Provisions Apply to Petitions Filed Under Other Chapters.

Section 305.43 | Conflict and Appointment of New Commissioner.

Section 305.99 | Penalty.