Ohio § 3.061

§ 3.061.

(A) As used in this section: (1) “ Political subdivision ” means a county, township, municipal corporation, school district, community school,

park district created under Chapter 1545. of the Revised Code, library or library

district specified in section 3375.32 of the Revised Code , juvenile facility district created under section 2151.65 of the Revised Code , or detention facility district created under section 2152.41 of the Revised Code . (2) “ Employee dishonesty and faithful performance of duty policy ” means a policy of insurance, or a coverage document issued by a joint self-insurance

pool authorized under section 2744.081 of the Revised Code , to protect against losses that would otherwise be protected against under a surety

bond and to protect against other losses as determined by the political subdivision. (B) A political subdivision may adopt a policy, by ordinance or resolution, to allow

for the use of an employee dishonesty and faithful performance of duty policy, rather

than a surety bond that would otherwise be required by law to be given by any of the

following: (1) The political subdivision; (2) An officer, employee, or appointee of the political subdivision; (3) Any other entity or individual, if the entity or individual is required by law to

give a surety bond to the political subdivision. The employee dishonesty and faithful performance of duty policy also may cover any

other entity or individual as determined by the political subdivision. (C)(1) Any officer, employee, or appointee otherwise required by law to give an individual

surety bond to qualify for the office or employment before entering upon the discharge

of duties imposed by the office or employment shall, before entering upon the discharge

of duties imposed by the office or employment, either give the individual surety bond

or be covered under an employee dishonesty and faithful performance of duty policy

that is in effect and becomes applicable to the officer, employee, or appointee upon

the beginning of the individual's term of office or employment. (2) Any officer, employee, or appointee otherwise required by law to maintain an individual

surety bond to continue being entitled to discharge the duties of the office or employment

may, during the individual's term or employment, become covered under an employee

dishonesty and faithful performance of duty policy. (D) For a political subdivision that has adopted a policy as authorized under this section,

all of the following apply: (1) An officer, employee, or appointee otherwise required by law to give an individual

surety bond shall not commence or continue the discharge of duties until coverage

is documented as required by the legislative authority.  A lack of coverage on the date on which the discharge of duties are commenced or

continued by the individual shall render the office vacant and it shall be filled

as required by law. (2) Notwithstanding any section of the Revised Code requiring an officer, employee, or

appointee of a political subdivision to give bond before being entitled to enter upon

the duties of the office or employment, an officer, employee, or appointee shall be

considered qualified to hold the office or employment, without giving bond, on the

date the oath of office is taken, certified, and filed as required by law. (3) Notwithstanding any section of the Revised Code requiring an officer, employee, or

appointee of a political subdivision to maintain bond to continue being entitled to

discharge the duties of the office or employment, an officer, employee, or appointee

who becomes covered under an employee dishonesty and faithful performance of duty

policy during the individual's term or employment and who remains covered under the

employee dishonesty and faithful performance of duty policy for the duration of the

individual's term or employment shall be considered qualified to hold the office or

employment, without maintaining bond for the duration of the individual's term or

employment as required by law. (4) Notwithstanding section 3.30 or any other section of the Revised Code that provides

an office or employment is vacated upon the failure to file bond, the officer, employee,

or appointee shall be entitled to enter upon the duties of the office or employment

when the policy is in effect as provided in division (B) of this section and the oath

is filed as provided in division (D)(2) of this section. (5) All officers, employees, or appointees who would otherwise be required to file a

bond before commencing the discharge of duties shall be covered by and are subject

to the employee dishonesty and faithful performance of duty policy instead of a surety

bond requirement. (6) The coverage amount for an officer, employee, or appointee under an employee dishonesty

and faithful performance of duty policy shall be equal to or greater than the maximum

amount of the bond otherwise required by law.  If no amount, or only a minimum amount, of coverage is specified in law for the

particular officer, employee, or appointee, the amount of coverage shall be an amount

agreed upon by the legislative authority or the authority otherwise designated by

law to determine the amount of the bond. (E) A political subdivision that does not adopt a policy under this section shall continue

to use the surety bonds as otherwise provided in the Revised Code. (F) Nothing in this section relieves an officer, employee, or appointee of other applicable

requirements to hold the office or employment.