Holmes, Robert E.

Reilly, Archer E., Jr.

KnowledgeBank at OSU

THE OHIO ALTERNATIVE FORM COUNTYGOVERNMENT LAWARCHER E. REILLY, JR.* AND ROBERT E. HOLmES*The Alternative Form County Government Law enacted by theGeneral Assembly, effective October 16, 1961, is the first majorchange in Ohio county government structure in over a quarter of acentury. Its need evolves from the population explosion which hasoccurred in Ohio since the outbreak of World War II. Its objective isto provide the most flexible machinery possible for counties to meettheir individual governmental problems.The new Law does not replace the traditional forms of organiza-tion in any county unless it is approved by the voters. The questionof adoption is placed on the ballot by petition of ten per cent of acounty's voters; and a majority vote at the subsequent general elec-tion in a particular county is required to make it effective.In sum, the Alternative Form Law permits an optional numberof County Commissioners-three, as now, five, seven or nine (incum-bents serve out the remainder of their terms)-and the commissionersremain the policy making body for the county. A county executiveassumes many of the administrative duties of the commissioners. Heis responsible for general executive activity, board resolutions, en-forcement of state laws, and preparing and submitting the budgetalong with advice as concerning fiscal matters.The law also permits the establishment by the commissioners ofcounty finance, welfare, purchasing, health, public works, and otherdepartments. The power of the county to contract with other politicalsubdivisions including adjoining counties is specifically set forth, andthis represents a major advancement in local governmental relation-ships.As a matter of background, Ohio counties traditionally are agentsof the state, primarily concerned with the local administration of statepolicies. Functions assigned to the county, among others, include lawenforcement, health and welfare services, safety, construction andmaintenance of highways and other public works, tax assessment andcollection, administration of elections, and public record keeping. Todischarge these and other functions of statewide concern, the county,as a political subdivision of the state, is granted the necessary powersby general law.This relationship to the state differs substantially from that of a* Ohio House of Representatives; Practicing Attorney, Columbus, Ohio.** Ohio House of Representatives; Practicing Attorney, Columbus, Ohio.COUNTY GOVERNMENT LAWmunicipality to the state. The Ohio supreme court commented atlength on this distinction in the Board of Commissioners of HamiltonCounty v. Jesse W. Mighels, 7 Ohio St. 109, 118 (1857):Counties are local subdivisions of a state, created by the sovereignpower of the state, of its own sovereign will, without the particularsolicitation, consent, or concurrent action of the people who inhabitthem. The former organization (municipalities) is asked for, orat least assented to by the people it embraces; the latter is super-imposed by a sovereign and paramount authority. A municipalcorporation proper is created mainly for the interest, advantage,and convenience of the locality and its people; a county organiza-tion is created almost exclusively with a view to the policy of theState at large, for purposes of political organization and civil ad-ministration, in matters of finance, of education, of provision forthe poor, of military organization, of the means of travel and trans-port, and especially for the general administration of justice. Withscarcely an exception, all the powers and functions of the countyorganization have a direct and exclusive reference to the generalpolicy of the State, and are in fact, but a branch of the general ad-ministration of that policy.This judicial description is still true today with regard to muchof the existing state legislation governing county affairs.The Ohio General Assembly possesses the constitutional author-ity to establish by general law alternative forms of county govern-ment, any of which may be adopted by a county upon the approvalof a majority of its electors voting thereon. Specifically, Article X,Section 1, of the Ohio Constitution directs the General Assembly toprovide by general law for the organization and government of coun-ties and empowers it to provide alternative forms of county govern-ment. The latter provision is permissive and the section further statesthat:. . . No alternative form shall become operative in any countyuntil submitted to the electors thereof and approved by a majorityof those voting thereon under regulations provided by law. Munici-palities and townships shall have authority, with the consent of thecounty, to transfer to the county any of their powers or to revokethe transfer of any such power, under regulations provided by gen-eral law, but the rights of initiative and referendum shall besecured to the people of such municipalities or townships in respectof every measure making or revoking such transfer, and to thepeople of such county in respect of every measure giving or with-drawing such consent.The General Assembly thus has the constitutional authority toenact an alternative forms law including one or more optional formsof county government; but, no such alternative form would replacethe traditional organization in any Ohio county unless submitted toand approved by the electors of that county.OHIO STATE LAW JOURNALUntil 1933 the constitutional provision with respect to countyorganization specified only that the General Assembly was to provide,by law, for the election of such county officers as may be necessary.After the county home rule amendment became effective, however, theGeneral Assembly was empowered to provide alternative forms on anoptional basis, in addition to the traditional organization and govern-ment of counties established by general law.It should be noted that the alternative form law cannot serve,under existing constitutional provisions, as a vehicle for the estab-lishment of an integrated, metropolitan area government. The transferof local powers of self-government, granted by the municipal homerule amendment, from municipalities to the county can only be under-taken voluntarily by contract or through the adoption of a locallyinitiated county charter approved by the requisite majorities estab-lished by Article X, Section 3 of the Ohio Constitution.The present law, therefore, was guided through the legislativeprocess upon this constitutional basis. It has one basic objective: toprovide means for meeting modern county governmental problems,within the existing governmental framework. Hence, the evolvingpattern of the bill reflects a county manager form of administrationunder the jurisdiction of the Board of County Commissioners alongwith a specific assertion of the county's contracting power. Theserepresent the most significant aspects of the new law.The law relating to the county executive is set forth in OhioRevised Code sections 302.14, through 302.18 inclusive:Sec. 302.14. There shall be a county executive, who shall be thechief executive officer of the county. He shall be either (A) anelective county executive as provided for in section 302.15 of theRevised Code, or (B) an appointive county executive as providedfor in section 302.16 of the Revised Code.In case of the absence of disability of the county executive asdetermined by the board of county commissioners, his duties shallbe performed during his absence or disability by whomsoever theboard of county commissioners shall designate by resolution.Sec. 302.15. In a county adopting the elective executive plan thechief executive officer shall be known as the county executive.The county executive shall be elected at the first regular countygeneral election following the adoption of the alternative form andshall hold his office for a term of four years. Only an elector of thecounty shall be eligible for election as county executive and shallbe nominated and elected in the manner provided by general lawfor county officers.In case the office of county executive is or becomes vacant byreason of death, resignation, or removal, it shall be filled by theboard of county commissioners for the unexpired term.[Vol. 22COUNTY GOVERNMENT LAWThe salary of the county executive shall be established by theboard of county commissioners.Sec. 302.16. In a county adopting the appointive executive plan,the county executive shall be an elector of the county and appoin-ted by the board of county commissioners. No persons electedto membership on the board of county commissioners shall there-after be eligible for appointment as county executive until theconclusion of one year after the expiration of the term for whichhe was elected.The county executive shall be appointed for an indefinite term, butmay be removed by the board of county commissioners.Sec. 302.17. The county executive shall be responsible for theproper administration of the affairs of the county placed in hischarge, and by resolution of the board of county commissioners, mayserve as the head of any county department created by the boardpursuant to Sections 302.01 to 302.24, inclusive, of the RevisedCode, provided he has the qualifications required by law.Sec. 302.18. The county executive shall be the administrative headof the county and shall have all powers and shall perform all dutiesof an administrative or executive nature as shall be granted andimposed by the board. He shall execute the resolutions of theboard of county commissioners and the laws of the state relatingto or required to be enforced by his office.The law specifically permits a county to contract with other juris-dictions and other counties in Revised Code section 302.21 in thefollowing terms:Sec. 302.21. The Board of county commissioners as provided inSection 302.22 of the Revised Code, may enter into an agreementwith the legislative authority of any municipal corporation, town-ship, port authority, water or sewer district, school district, librarydistrict, health district, park district, soil conservation district,water conservancy district, or other taxing district, or with theboard of any other county and such legislative authorities mayenter into agreements with the board, whereby such board under-takes, and is authorized by the contracting subdivision, to exerciseany power, perform any function, or render any service, in behalfof the contracting subdivision or its legislative authority, whichsuch subdivision or legislative authority may exercise, perform, orrender.As a matter of legislative procedure the bill was introduced inthe House, and was heard before the Metropolitan Areas Committee.Witnesses representing county commissioners, civic groups, govern-mental research organizations, and county officials appeared in itssupport. There were no witnesses who appeared in opposition. Itpassed the House and was referred to the Senate State GovernmentCommittee.The bill was then referred to a sub-committee composed of Sen-1961]700 OHIO STATE LAW JOURNALator Kenneth Berry, as Chairman, Senator John Brown, and SenatorJoseph Bartunek. It was referred back to the Senate State Govern-ment Committee and recommended for passage. Shortly thereafterit was passed by the Senate, the House concurred in the Amendments,and on June 16th, 1961, the Governor signed the bill.In conclusion, it should be noted that the new law has receivedfavorable editorial and governmental attention throughout the stateas a moderate step toward a solution of county administrative prob-lems.

The Ohio Alternative Form County Government Law

https://kb.osu.edu/bitstream/1811/68321/1/OSLJ_V22N4_0696.pdf

The Ohio Alternative Form County Government Law

Abstract

Similar works

Full text

Available Versions

KnowledgeBank at OSU