2006 Ohio Revised Code - 3709.35. Removal of commissioner or member for misconduct.
§ 3709.35. Removal of commissioner or member for misconduct.
If the director of health finds that the health commissioner or a member of the board of health of a health district is guilty of misfeasance, malfeasance, or nonfeasance or has failed to perform any or all of the duties required by sections 3701.10, 3701.29, 3701.81, 3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the Revised Code, the director shall prefer a charge against the commissioner or board member before the public health council and shall notify the commissioner or board member as to the time and place at which such charges will be heard. If the council, after hearing, finds the commissioner or board member guilty of the charge, it may remove such commissioner or member from office.
If the lesser of three or one-fifth of the members of a district advisory council have reason to believe a member of the board of health of a general health district is guilty of misfeasance, malfeasance, or nonfeasance or has failed to perform any or all of the duties required by sections 3701.10, 3701.29, 3701.81, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the Revised Code, the district advisory council members shall prefer a charge against the board member before the district advisory council and shall notify the board member as to the time and place at which such charges will be heard. If a majority of the council, after hearing, finds the board member guilty of the charge, it may remove the member from office.
When any member of the board of health of a general or city health district is removed from office, the district advisory council or the chief executive of the city, upon notice of such removal, shall within thirty days after receipt of such notice fill the vacancy in accordance with
section 3709.03 or
3709.05 of the Revised Code.
HISTORY: GC § 1261-25; 108 v PtI, 236, § 10; 108 v PtII, 1085; Bureau of Code Revision, 10-1-53; 134 v H 511 (Eff 1-1-74); 146 v H 355. Eff 4-2-96.
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