OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 600 Bill Analysis
135th General Assembly
Click here for H.B. 600’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Troy
Effective date:
S. Ben Fogle, Attorney
SUMMARY
 Requires a party filing a complaint against a municipal officer to pay the officer’s legal
expenses if the officer is acquitted.
 Requires the complaining party to furnish sufficient security for expenses, including the
accused’s legal expenses, in addition to costs under continuing law.
DETAILED ANALYSIS
Background – complaints against a municipal officer
Continuing law permits an elector of a municipal corporation to file, in the probate court
of the county in which the municipal corporation (or the greater part of it) is located, a
complaint against an officer of the municipal corporation, or a member of the legislative
authority. The complaint must be signed by four other electors of the municipal corporation,
and must allege misfeasance or malfeasance in office, certain conflicts of interest, or receiving
compensation for services contrary to law. Upon a trial, if the officer is convicted, the officer is
removed from office.1
Payment of legal expenses upon acquittal
The bill requires the party filing the complaint, if the officer is acquitted upon trial, to
pay the officer’s legal expenses.
Current law requires the costs and expenses of the trial to be apportioned among the
complainant, the accused officer, and the municipal corporation as the probate judge directs,
except that the accused officer is not responsible for the costs and expenses of the trial upon
1 R.C. 733.72; See also R.C. 733.73 through 733.76, not in the bill.
June 21, 2024
Office of Research and Drafting LSC Legislative Budget Office
acquittal. The bill, however, requires the complainant to pay all the costs and expenses of the
trial if the officer is acquitted, in addition to the officer’s legal expenses.
Continuing law permits the costs and expenses of the trial to be apportioned among the
complainant, the accused officer, and the municipal corporation as the probate judge directs in
cases where the officer is not acquitted.2 Please see the table below for more details.
Costs and expense of the trial The officer’s legal fees
The officer is acquitted. Current law: Apportioned among Current law: Must be paid by the
complainant and municipal officer.
corporation as judge directs.
H.B. 600: Must be paid by the H.B. 600: Must be paid by the
complainant. complainant.
The officer is not acquitted. Current law: Apportioned among Current law: Must be paid by the
officer, complainant, and officer.
municipal corporation as judge
directs.
H.B. 600: Same as current law. H.B. 600: Same as current law.
Furnishing security
Continuing law requires the complainant to post sufficient security for the costs of the
trial. The bill requires the complainant to post sufficient security for costs and expenses,
including the accused’s legal expenses.3
HISTORY
Action Date
Introduced 05-15-24
ANHB0600IN-135/ar
2 R.C. 733.77.
3 R.C. 733.72.
P a g e |2 H.B. 600
As Introduced


Statutes affected:
As Introduced: 733.72, 733.77