Ohio § 3.16

§ 3.16.

(A) As used in this section: (1) “ Prosecuting officer ” means the prosecuting attorney of the county in which a public official who is charged

as described in division (B) of this section serves, the attorney general, or a special

prosecutor designated by the prosecuting attorney.  A federal prosecutor may serve as a prosecuting officer under this section at the

federal prosecutor's own volition. (2) “ Public official ” means any elected officer of a political subdivision as defined in section 2744.01 of the Revised Code .  “Public official” does not include a judge of a court of record. (B)(1) In computing any period of time prescribed or allowed in this section, the day of

the act from which the designated period of time begins to run shall not be included,

and the last day of the period shall be included.  If the last day of the period is a Saturday, Sunday, or legal holiday, the period

runs on the next day that is not a Saturday, Sunday, or legal holiday. (2) If a public official is charged with a felony in a state or federal court and if

the prosecuting officer with responsibility to prosecute the case determines that

the felony relates to the public official's administration of, or conduct in the performance

of the duties of, the office of the public official, the prosecuting officer with

responsibility to prosecute the case shall transmit a copy of the charging document

to the clerk of the supreme court with a request that the chief justice proceed as

provided in division (C) of this section.  If the prosecuting officer transmits a copy of the charging document to the clerk,

a copy also shall be sent to the attorney general if the prosecuting attorney of the

county in which the public official serves, special prosecutor, or federal prosecutor

serving as a prosecuting officer under this section transmits the copy to the clerk

or to the prosecuting attorney of the county in which the public official holds office,

special prosecutor, or federal prosecutor with responsibility to prosecute the case

if the attorney general transmits the copy to the clerk. (3) Upon transmitting a copy of a charging document to the clerk of the supreme court

and a request to the chief justice of the supreme court under division (B)(2) of this

section, the prosecuting officer shall provide the public official with a written

notice that, not later than fourteen days after the receipt of the notice transmitted

to the clerk of the supreme court, the public official may file with the prosecuting

officer a written statement either voluntarily authorizing the prosecuting officer

to prepare a judgment entry for the judge presiding in the case to provisionally suspend

the public official from office or setting forth the reasons why the public official

should not be suspended from office. If the public official voluntarily authorizes the prosecuting officer to prepare a

judgment entry for the judge presiding in the case to provisionally suspend the public

official from office as described in this division, the prosecuting officer shall

prepare a judgment entry for the judge presiding in the case to provisionally suspend

the public official from office immediately upon receipt of the judgment entry and

shall notify the clerk of the supreme court of the provisional suspension.  Upon receipt of the judgment entry, the judge presiding in the criminal case shall

sign the judgment entry and file the signed judgment entry in the case.  The signing and filing of the judgment entry provisionally suspends the public official

from office.  The prosecuting officer's request to the chief justice that was made under division

(B)(2) of this section remains applicable regarding the public official, and the chief

justice shall establish a special commission pursuant to division (C)(1) of this section.  A provisional suspension imposed under this division shall remain in effect until

the special commission established by the chief justice enters its judgment under

division (C)(3) of this section.  After the special commission so enters its judgment, divisions (C)(3) and (4) of

this section shall govern the continuation of the suspension.  Division (E) of this section applies to a provisional suspension imposed under this

division. If the public official files a written statement setting forth the reasons why the

public official should not be suspended from office, the public official shall not

be provisionally suspended from office, and the prosecuting officer shall transmit

a copy of the public official's written statement to the clerk of the supreme court.  The prosecuting officer's request to the chief justice that was made under division

(B)(2) of this section remains applicable regarding the public official, and the chief

justice shall establish a special commission pursuant to division (C)(1) of this section. (C)(1) Not sooner than fourteen days after the chief justice's receipt of the prosecuting

officer's request under division (B)(2) of this section, the chief justice shall establish

a special commission composed of three retired justices or judges of a court of record.  A special commission established under this division is an administrative agency.  The chief justice shall appoint the members of the special commission and shall

provide to the special commission all documents and materials pertaining to the matter

that were received from the prosecuting officer under division (B)(2) or (3) of this

section.  At least one member of the special commission shall be of the same political party

as the public official.  Members of the special commission shall receive compensation for their services,

and shall be reimbursed for any expenses incurred in connection with special commission

functions, from funds appropriated to the attorney general's office. (2) Once established under division (C)(1) of this section, a special commission shall

review the document that charges the public official with the felony, all other documents

and materials pertaining to the matter that were provided by the chief justice under

division (C)(1) of this section, and the facts and circumstances related to the offense

charged.  Within fourteen days after it is established, the special commission shall make

a preliminary determination as to whether the public official's administration of,

or conduct in the performance of the duties of, the official's office, as covered

by the charges, adversely affects the functioning of that office or adversely affects

the rights and interests of the public and, as a result, whether the public official

should be suspended from office.  Upon making the preliminary determination, the special commission immediately shall

provide the public official with notice of the preliminary determination.  The notice may be in writing, by telephone, or in another manner.  If the preliminary determination is that the public official's administration of,

or conduct in the performance of the duties of, the official's office, as covered

by the charges, does not adversely affect the functioning of the office or does not

adversely affect the rights and interests of the public, the preliminary determination

automatically shall become the special commission's final determination for purposes

of division (C)(3) of this section.  If the preliminary determination is that the public official's administration of,

or conduct in the performance of the duties of, the official's office, as covered

by the charges, adversely affects the functioning of the office or adversely affects

the rights and interests of the public and that the public official should be suspended

from office, the notice shall inform the public official that the public official

may contest the preliminary determination by filing with the special commission, within

fourteen days after the date of receipt of the notice to the public official, a notice

contesting the preliminary determination. If the public official files a notice contesting the preliminary determination within

fourteen days after the date of receipt of the notice to the public official, the

public official may review the reasons and evidence for the determination and may

appear at a meeting of the special commission to contest the determination and present

the public official's position on the matter.  The meeting of the special commission shall be held not later than fourteen days

after the public official files the notice contesting the preliminary determination.  The public official has a right to be accompanied by an attorney while appearing

before the special commission, but the attorney is not entitled to act as counsel

or advocate for the public official before the special commission or to present evidence

or examine or cross-examine witnesses before the special commission.  At the conclusion of the meeting, the special commission shall make a final determination

as to whether the public official's administration of, or conduct in the performance

of the duties of, the official's office, as covered by the charges, adversely affects

the functioning of the office or adversely affects the rights and interests of the

public and, as a result, whether the public official should be suspended from office,

and shall proceed in accordance with division (C)(3) of this section. If the public official does not file a notice contesting the determinations within

fourteen days after the date of receipt of the notice to the public official, the

special commission's preliminary determination automatically shall become its final

determination for purposes of division (C)(3) of this section. Notwithstanding anything to the contrary in section 121.22 of the Revised Code , all meetings of the special commission shall be closed to the public.  Notwithstanding anything to the contrary in section 149.43 of the Revised Code , the records of the special commission shall not be made available to the public

for inspection or copying until the special commission issues its written report under

this division. (3) Upon making the final determination described in division (C)(2) of this section

regarding a public official who is charged with a felony, including, if applicable,

conducting a meeting pursuant to that division for the public official to contest

the preliminary determination, the special commission shall issue a written report

that sets forth its findings and final determination.  The special commission shall send the report by certified mail to the public official,

the prosecuting officer, and any other person that the special commission determines

to be appropriate.  Upon the issuance of the report, one of the following applies: (a) If the special commission in its final determination does not determine that the

public official's administration of, or conduct in the performance of the duties of,

the official's office, as covered by the charges, adversely affects the functioning

of that office or adversely affects the rights and interests of the public, the special

commission shall include in the report a statement to that effect, and the public

official shall not be suspended from office.  If the public official was provisionally suspended from office under division (B)(3)

of this section, the provisional suspension shall terminate immediately upon the issuance

of the report. (b) If the special commission in its final determination determines that the public official's

administration of, or conduct in the performance of the duties of, the official's

office, as covered by the charges, adversely affects the functioning of that office

or adversely affects the rights and interests of the public, the special commission

shall include in the report a holding that the public official be suspended from office.  The holding that the public official be suspended from office and the suspension

take effect immediately upon the special commission's issuance of the report.  If the public official was provisionally suspended from office under division (B)(3)

of this section, the holding that the public official be suspended from office shall

continue the suspension immediately upon the special commission's issuance of the

report.  The report and holding shall have the same force and effect as a judgment of a court

of record. (4) A suspension imposed or continued under division (C)(3) of this section shall continue

until one of the following occurs: (a) The public official is reinstated to office by an appeal as provided in division

(D) of this section; (b) All charges are disposed of by dismissal or by a finding or findings of not guilty; (c) A successor is elected and qualified to serve the next succeeding term of the public

official's office. (D) If a special commission issues a written report and holding pursuant to division

(C)(3)(b) of this section that suspends a public official from office or that continues

a provisional suspension imposed under division (B)(2) of this section, the public

official may appeal the report and holding to the supreme court.  The public official shall take the appeal by filing within thirty days of the date

on which the report is issued a notice of appeal with the supreme court and the special

commission.  Unless waived, notice of the appeal shall be served upon all persons to whom the

report was sent under division (C)(3) of this section.  The special commission, upon written demand filed by the public official, shall

file with the supreme court, within thirty days after the filing of the demand, a

certified transcript of the proceedings of the special commission pertaining to the

report and the evidence considered by the special commission in making its decision. The supreme court shall consider an appeal under this division on an expedited basis.  If the public official appeals the report and holding, the appeal itself does not

stay the operation of the suspension imposed or continued under the report and holding.  If, upon hearing and consideration of the record and evidence, the supreme court

decides that the determinations and findings of the special commission are reasonable

and lawful, the court shall affirm the special commission's report and holding, and

the suspension, and shall enter final judgment in accordance with its decision.  If the public official subsequently pleads guilty to or is found guilty of any felony

with which the public official was charged, the public official is liable for any

amount of compensation paid to the official during the suspension, with the liability

relating back to the date of the original suspension under the special commission's

report and holding, and the amount of that liability may be recovered as provided

in division (G) of this section.  If, upon hearing and consideration of the record and evidence, the supreme court

decides that the determinations and findings of the special commission are unreasonable

or unlawful, the court shall reverse and vacate the special commission's report and

holding, and the suspension, reinstate the public official, and enter final judgment

in accordance with its decision. The clerk of the supreme court shall certify the judgment of the court to the special

commission.  Upon receipt of the judgment, the special commission shall certify the judgment

to all persons to whom the special commission's report was certified under division

(C)(3) of this section and shall certify the judgment to all other public officials

or take any other action in connection with the judgment as is required to give effect

to it. (E)(1) Any public official suspended from office under this section shall not exercise any

of the rights, powers, or responsibilities of the holder of that office during the

period of the suspension.  The suspended public official, however, shall retain the title of the holder of

that office during the period of the suspension and continue to receive the compensation

that the official is entitled to receive for holding that office during the period

of the suspension, until the public official pleads guilty to or is found guilty of

any felony with which the public official is charged, or until one of the conditions

in division (C)(4)(a), (b), or (c) of this section occurs. (2) If the public official suspended under this section is an elected county official,

the board of county commissioners may appoint a person in the official's office as

the acting officer to perform the suspended public official's duties between the date

of the signing and filing of the judgment entry suspending the elected county official

and the time at which the interim replacement official appointed under division (E)(3)(a)

or (b) of this section qualifies and takes the office. (3)(a) Except as provided in division (E)(3)(b) of this section, for the duration of the

public official's suspension, an interim replacement official shall be appointed by

the county central committee of the political party that nominated the suspended public

official if the suspended public official is an elected county official, to perform

the suspended public official's duties.  Not less than five nor more than forty-five days after the suspension of a public

official that is an elected county official, the county central committee shall meet

to appoint the interim replacement official.  Not less than four days before the date of the meeting, the chairperson or secretary

of the county central committee shall send by first class mail to each member of the

committee a written notice that states the time and place of the meeting and the purpose

thereof.  The approval of a majority of the members of the county central committee present

at the meeting is required to appoint the interim replacement official. (b) If the suspended public official is an elected county official, except for a county

commissioner, who was elected as an independent candidate, the board of county commissioners

shall appoint the interim replacement official.  If the suspended public official is a county commissioner who was elected as an

independent candidate, the prosecuting attorney and the remaining county commissioners,

by majority vote, shall appoint the interim replacement official. (4) For the duration of the public official's suspension, an interim replacement official

shall be appointed by the probate judge of the court of common pleas if the suspended

public official is an elected official of a municipal corporation, township, school

district, or other political subdivision, to perform the suspended public official's

duties. (5) An acting officer appointed under division (E)(2) of this section or an interim replacement

official appointed under division (E)(3) or (4) of this section shall be certified

to the county board of elections and the secretary of state by the county central

committee, probate judge of the court of common pleas, or board of county commissioners

that made the appointment.  The acting officer or interim replacement official so certified shall have all of

the rights, powers, and responsibilities of, and shall be entitled to the same rate

of pay as, the suspended public official.  The acting officer or interim replacement official shall give bond and take the

oath of office.  If the office of the suspended public official becomes vacant during the period

of suspension, a public official shall be appointed or elected to fill such vacancy

as provided by law.  If a regular election is to occur during the period of suspension, a public official

shall be elected as provided by law. (F) A person appointed as an acting or interim replacement prosecuting attorney shall

meet the qualifications to hold the office of a prosecuting attorney under section 309.02 of the Revised Code .  A person appointed as an acting or interim replacement sheriff shall meet the requirements

to hold the office of sheriff prescribed by section 311.01 of the Revised Code .  A person appointed as an acting or interim replacement coroner shall meet the requirements

to hold the office of coroner prescribed by section 313.02 of the Revised Code .  And a person appointed as an acting or interim replacement county engineer shall

meet the requirements to hold the office of county engineer prescribed by section 315.02 of the Revised Code . (G) A political subdivision may file a civil action in the appropriate court to recover

from any former public official of the political subdivision the amount of compensation

paid to that former public official in accordance with this division from the date

of the former public official's suspension to the date the former public official

pleads guilty to or is found guilty of any felony with which the former public official

was charged.