Ohio § 3.061
Full text of Ohio Ohio Revised Code § 3.061, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Ohio § 3.061
What does Ohio Revised Code § 3.061 cover?
Section 3.061 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 3.061?
A common citation format is "Ohio Revised Code § 3.061" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 3.061 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.