Counties are the major political subdivision of the state, for two reasons. First, counties are pervasive - every bit of territory within Ohio is in a county, and all residents of Ohio live in a county.
Second, counties administer such important state-required functions as systems of justice, human services, land recording, property taxes and elections. Counties possess police power, which gives them authority to regulate land use, sanitation, building construction, etc.
Many of the functions of county government are mandated by state government. In most instances, the level of mandated service is determined by the local county. For instance, a sheriff's department is mandated, but the intensity of patrolling is at the discretion of the county.
Counties may choose one of three forms of government: the general statutory law, the alternative statutory law or charter. The alternative and charter forms must be adopted by the voters.
Under the general form, there are many elected executive officers, and no chief executive officer. Counties under this form do not possess legislative authority - that is, they cannot adopt ordinances or law. They may perform only those acts and duties as prescribed by the Ohio Revised Code.
Under the alternative plan, described in ORC 302, there is a chief executive officer who may be either appointed or elected, depending upon the plan voted upon. The policy-making board, the county commission, may consist of from three to 21 members. If the board consists of seven or more members, no more than half may be elected at large. The optional plan allows the county commission to legislate - that is, they may make rules or laws not in conflict with general law. To date, no county in Ohio has adopted the alternative form.
Under the charter form, authorized by Article X of the Constitution of Ohio, the county may assume the power and role of a charter municipality, including home rule and the right to choose any form of government. Summit County is the only Ohio county to adopt a charter. Further discussion herein on the subject of counties will be confined to the general statutory form.
Counties have many elected officers, each with some executive authority. There is no chief executive officer as such, the president of the board of commissioners being the closest to filling that title. The officials playing the most important roles in the county finances are the commissioners, auditor, treasurer and prosecuting attorney.
County Commission
County commissioners are elected for four-year terms. Two are elected the year of the presidential election and one the year of the gubernatorial election.
County commissioners are the general administrative body for the county government. They can perform those duties that are specifically authorized by the state legislature and no more. They are the county government taxing, budgeting, appropriating and purchasing authority. They hold title to county property.
They hold and adjudicate hearings on such matters as county zoning and county drainage petitions.
They appoint other directors: human services, building inspector, county home, children's home, JTPA, etc.
They appoint certain other boards: planning commission, zoning boards, children's services board, etc. The major powers of the county commission may be found in ORC 307.
The auditor is the chief fiscal officer of the county elected to a four-year term in the gubernatorial election year. The following are some of the responsibilities:
ORC 319 describes the office of county auditor.
Elected to a four-year term in the presidential election year, the recorder, whose duties are outlined in ORC 317 must:
The treasurer is the county banker elected to a four-year term in the presidential election year. The following are some of the duties, as found in ORC 321:
The prosecuting attorney, elected to a four-year term in the presidential election year, is the chief legal advisor for the county (ORC 309). The following are some of the responsibilities:
The sheriff, whose duties are described in ORC 311, is elected to a four-year term in the presidential election year and is the chief law enforcement officer with the duties to:
The coroner, elected to a four-year term in the presidential election year, must be a licensed physician in the state and has the following duties, as found in ORC 313:
The county engineer, whose qualifications and general duties are found in ORC 315, is elected to a four-year term in the presidential election year. The engineer must be both a registered professional engineer and registered surveyor. It is the engineer's duty to:
The Clerk of Courts is elected to a four-year term in the presidential election year and is the keeper of court records (ORC 2303) and the issuer of motor vehicle titles (ORC 4505). The clerk shall:
This is but a very brief outline of elected official duties, along with selected ORC references. A complete compilation of duties, powers, and responsibilities, along with comprehensive ORC citations, is beyond the scope of this work.