Effective: October 6, 2009
Latest Legislation: Senate Bill 79 - 128th General Assembly
(A) The court of common pleas, upon the application of the prosecuting attorney and the board of county commissioners, may authorize the board to employ legal counsel to assist the prosecuting attorney, the board, or any other county officer in any matter of public business coming before such board or officer, and in the prosecution or defense of any action or proceeding in which such board or officer is a party or has an interest, in its official capacity.
(B) The board of county commissioners may also employ legal counsel, as provided in section 309.09 of the Revised Code, to represent it in any matter of public business coming before such board, and in the prosecution or defense of any action or proceeding in which such board is a party or has an interest, in its official capacity.
(C) Notwithstanding division (A) of this section and except as provided in division (D) of this section, a county board of developmental disabilities or a public children services agency may, without the authorization of the court of common pleas, employ legal counsel to advise it or to represent it or any of its members or employees in any matter of public business coming before the board or agency or in the prosecution or defense of any action or proceeding in which the board or agency in its official capacity, or a board or agency member or employee in the member's or employee's official capacity, is a party or has an interest.
(D)(1) In any legal proceeding in which the prosecuting attorney is fully able to perform the prosecuting attorney's statutory duty to represent the county board of developmental disabilities or public children services agency without conflict of interest, the board or agency shall employ other counsel only with the written consent of the prosecuting attorney. In any legal proceeding in which the prosecuting attorney is unable, for any reason, to represent the board or agency, the prosecuting attorney shall so notify the board or agency, and, except as provided in division (D)(2) of this section, the board or agency may then employ counsel for the proceeding without further permission from any authority.
(2) A public children services agency that receives money from the county general revenue fund must obtain the permission of the board of county commissioners of the county served by the agency before employing counsel under division (C) of this section.
Last updated May 26, 2022 at 11:28 AM
Structure Ohio Revised Code
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 305.09 | 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 305.34 | 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.