REMOVAL OF OFFICERS.

Sec. 10-4. Vacancy, How Filled. The decision of the court of common pleas in all cases for the removal of officers may be reviewed on error by the court of appeals. The transcript of the record and the petition in error shall be filed in such court of appeals in not more than thirty days after the decision is rendered and the journal entry made by the court of common pleas. Such petition in error may be filed only after leave. has been granted by the court for good cause shown at a hearing of which the attorneys for both the officer and the prosecution have been duly notified. Such court of appeals shall have jurisdiction to hear such case at any place in the judicial district in which such court may be sitting, and such court shall hear such case in not more than thirty court days after the filing of the petition in error. The decision of such court in refusing to allow a petition in error to be filed, or in the passing upon the merits of the case in the error proceedings, shall be final. If the court of appeals review the proceedings herein provided for in any other county within their judicial district other than the county wherein the officer complained against resides, said court of appeals shall transmit their findings with the reasons therefor to the clerk of the court of common pleas of the county wherein the officer complained against resides, with instructions to said clerk to make the findings of said court a matter of record upon the journal of said court in the county wherein the officer complained against resides. In all cases involving the removal of an officer against whom a complaint has been filed in the court of appeals; the officer shall have the right of review or appeal to the supreme court on leave first obtained, and such court shall hear such case in not more than thirty court days after leave has been granted and in other respects such hearing shall follow the regular procedure in appealable cases, which originate in the court of appeals. If any officer is removed and the law provides no means for filling the vacancy, the county board of deputy supervisors of elections in such county where such officer so removed resides shall order a special election to fill such vacancy in the unit of government in which such officer removed was elected.

History:-103 v. 852.

RELATING TO THE FILLING OF VACANCIES IN ELECTIVE STATE OFFICES AND JUDGESHIPS.

VACANCIES.

Sec. 141. Vacancy in Elective State Office. A vacancy occurring in an elective state office other than that of a member of the general assembly or of governor, shall be filled by appointment by the governor, until the disability is removed, or a successor is elected and qualified. Such vacancies shall be filled by election at the first general election for the office which is vacant, that occurs more than thirty days after the vacancy shall have occurred. The person elected shall fill the office for the unexpired term. (Cons. Art. XVII, Sec. 2, R. S. Sec. 81.)

History:-61 v. 78.

Sec. 142. Vacancy in Office of Judge; Failure to Elect. If the office of a judge becomes vacant by reason of the expiration of the term of the incumbent, and a failure to provide therefor at the preceding election, such vacancy shall be filled by appointment by the governor. The person so appointed shall hold the office until a successor is elected and qualified. Such successor shall be elected for the unexpired term at the first general election for the office which is vacant that occurs more than thirty days after such an appointment. History:-62 v. 57.

RELEASE OF TREASURERS AND SURETIES.

Sec. 2303. Treasurers and Sureties May be Released. When a loss of public funds, entrusted to a county, city, village, township, or school district treasurer, by virtue of his office, heretofore or hereafter results from fire, robbery, burglary, or inability of a bank to refund public money lawfully in its possession belonging to such public funds, the county commissioners, township trustees; a city or village council or a board of education, respectively, may release and discharge such treasurer and the sureties upon his official bond, from all liability to or demands of such county, township, city, village or school district, for loss so created and arising.

History:-98 v. 120; 99 v. 388.

Sec. 2304. What Finding Necessary to Release. Before such release and discharge shall be effected, the board of county commissioners, township trustees, city or village council or board of education shall find that the treasurer was entrusted by law with the care of such public funds, and that the loss thereof was not occasioned by his fault or negligence, and an entry of such findings shall be made upon the record book of the proceedings of such council or board.

History:-98 v. 120; 99 v. 388.

Sec. 2305. Appeal from Finding. Within five days after such finding of release and discharge is made, a taxpayer of such county, township, municipality or school district, may appeal therefrom to the common pleas court of the county. Until such appeal is finally determined, the finding and other proceedings shall not effect a release and discharge. Notice in writing of intention to appeal shall be filed with the clerk or auditor of the board or council making the findings within five days. Within thirty days after such finding, a transcript thereof and of the proceedings shall be filed in the common pleas court and docketed as other cases.

History:-98 v. 120; 99 v. 388.

Sec. 2306. Trial in Common Pleas Court. The common pleas court shall proceed to try and determine the question whether such public funds were lost by the fault or negligence of the treasurer. If it be found that the funds were so lost, the finding of the board or council ordering the discharge shall be vacated. If it be found that the funds were not so lost, the finding shall remain in full force and the court shall cause its judgment to be certified to the board or council making such finding.

History:-98 v. 120; 99 v. 388.

Sec. 2307. Questions May be Submitted to Vote. If the finding of such county commissioners, township trustees, city or village council or board of education, as the case may be, has been made and entered on the record book of its proceedings, such board or council may, at the next ensuing general election to be held in the county, township, city, village or school district, submit to the qualified electors thereof, the question whether such treasurer and the sureties upon his official bond shall be discharged from liability on account of such loss of funds.

History:-98 v. 120; 99 v. 388.

Sec. 2308. Electors May Demand Submission to Vote. If twenty-five per cent of the qualified electors of such county, township, city, village or school district, petition the council or board thereof for the privilege of determining by ballot whether such treasurer and the sureties on his official bond shall be released and discharged, such council or board shall submit the question to the qualified electors of the county, township, city, village or school district as herein provided.

History:-98 v. 120; 99 v. 388.

Sec. 2309. Notice of Election Shall be Given. The deputy state supervisors of elections of the county, or within which such township, city, village or school district is located, shall cause notice of the submission of such proposition to the electors thereof. For the release of a county or city treasurer the notice shall be by publication in two newspapers of opposite politics in the county or city, for at least thirty days next prior to the date upon which the election is to be held. For the release of a village or township treasurer, twenty days' notice of the election shall be given by posting notices thereof in five public places within such village or township. For the release of a school treasurer, ten days' notice of such election shall be given by posting notice thereof in five public places in the school district.

History:-98 v. 122.

Sec. 2310. Form of Ballot. The ballots for such election shall have printed thereon "Discharge of treasurer and sureties-yes." "Discharge of treasurer and sureties-no." Such ballot shall have a place at the left of each proposition for the voter to mark according to law, the proposition he favors.

History:-98 v. 122.

Sec. 2311. Proceedings On Result of Election. If a majority of the votes cast upon such proposition at the election are in favor of the discharge of such treasurer and his sureties, the county commissioners, township trustees, city or village council or board of education, as the case may be, shall cause the result of the election to be entered in the record book of its proceedings ordering such election, and thereupon shall release and discharge such treasurer and his sureties. on his official bond from all liability on account of such loss. If a majority of the votes cast are against the discharge, the result of the

election shall be made in the record book of proceedings of the council or board, and no further action therein shall be taken by such council or board.

History:-98 v. 122.

GREATER TAX RATE.

Sec. 5649-5. Proceedings When Maximum Rate Insufficient. The county commissioners of any county, the council of any municipal corporation, the trustee of any township, or any board of education may, at any time, by a majority vote of all the members elected or appointed thereto, declare by resolution that the amount of taxes that may be raised by the levy of taxes at the maximum rate authorized by sections 5649-2 and 5649-3 of the General Code as herein enacted within its taxing district, will be insufficient and that it is expedient to levy taxes at a rate, in excess of such rate and cause a copy of such resolution to be certified to the deputy state supervisors of the proper county. Such resolution shall specify the amount of such proposed increase of rate above the maximum rate of taxation and the number of years not exceeding five during which such increased rate may be continued to be levied.

History:-101 v. 430; 102 v. 266.

When a board of education, acting under section 5649-5, G. C., certifies to the deputy state supervisors a copy of resolution required under said section, the proposition shall be submitted to the electors of the school district at the November election that occurs more than twenty days after the adoption of such resolution as is provided in section 5649-5a, G. C. Op. Atty. Gen. (1918), p. 813.

Where there is no showing that the result of the vote would have been in any way changed, the occurrence of mere irregularities that do not go to the foundation of an election, will not invalidate such election, although the provisions of the statute have been technically violated, if it appears that there has been a fair election and a comparatively full vote and no fraud or attempt to deceive or mislead.

Where the electors of a school district voted upon the question of a levy for taxes, under the provisions of section 5649-5 and 5649-5a, the amount to be three mills for two years, and a mistake was made in printing the ballots, providing for a levy of three mills for five years, the proceeding is not invalid and the board of education is authorized to levy three mills for school purposes during a period of two years, the period appearing in the resolution of the board of education. Op. Atty. Gen. (1920), 1274.

Sec. 5649-5a. Vote for Increase of Rate. Such proposition shall be submitted to the electors of such taxing district at the November election that occurs more than twenty days after the adoption of such resolution. The deputy state supervisors shall prepare the ballots and make the necessary arrangements for the submission of such question to the electors of such taxing district, and the election shall be conducted, canvassed and certified in like manner, except as otherwise provided by law, as regular elections in such taxing district. for the election of officers thereof. Twenty days' notice of the election shall be given in one or more newspapers printed in the taxing district once a week for four consecutive weeks prior thereto, stating the amount of the additional rate to be levied, the purpose for which it is to be levied, and the number of years during which such increased

rate may be continued to be levied, and the time and place of holding the election. If no newspaper is printed therein, the notice shall be posted in a conspicuous place and published once a week for four consecutive weeks in a newspaper of general circulation in such taxing district.

The form of the ballots cast at such election shall be: "For an additional levy of taxes for the purpose of not exceeding mills, for not to exceed

years, Yes."

"For an additional levy of taxes for the purpose of not exceeding mills, for not to exceed___. years, No."

History:-102 v. 266.

Sec. 5649-5b. Result. If a majority of the electors voting thereon at such election vote in favor thereof, it shall be lawful to levy taxes within such taxing district at a rate not to exceed such increased rate for and during the period provided for in such resolution, but in no case shall the combined maximum rate for all taxes levied in any year in any county, city, village, school district, or other taxing district, under the provisions of this and the two preceding sections. and sections 5649-1, 5649-2 and 5649-3 of the General Code as herein enacted, exceed fifteen mills.

History:-102 v. 266; 103 v. 57.

Sec. 5649-6a. To Remove Interest and Sinking Fund Levies from Limitations on Tax Rates on Majority Vote. The commissioners of any county, the trustees of any township, the council or other legislative body of any municipal corporation, or the board of education of any school district having a bonded indebtedness on January 20, 1920, or having authority by a vote of the electors at an election held prior to said date, to issue such bonds, or having provided for the issuance of such bonds without a vote of the electors by ordinance or resolution adopted on or before said date, whether the effectiveness thereof was postponed until after said date by laws or charter provisions requiring publication or subjecting such ordinance or resolution to a referendum, or not, may, at any regular or primary election held in the year 1920 or in any year thereafter during the life of any such bonds submit to the electors of such county, township, municipal corporation, or school district, in the manner provided by sections 5649-5 and 5649-5a of the General Code the proposition of exempting from the limitations of sections 5649-2, 5649-3a and 5649-5b of the General Code all subsequent levies for interest and sinking fund purposes on account of such bonds. In the resolution providing for such submission, the rate of taxes that would be required for such purposes in the next succeeding year on the basis of the duplicate made up in the year in which the resolution is adopted shall be set forth, together with the number of years during which the exemption would apply. The form of ballots cast at such election shall be:

"For exempting interest and sinking fund levies on account of outstanding bonds from all tax limitations, Yes."

"For exempting interest and sinking fund levies on account of outstanding bonds from all tax limitations, No.”

History:-108 v. Pt. II, 1199.