Opinions
Opinions
Requested by: Trumbull County Prosecuting Attorney
R.C. 121.221 permits the board of directors and the solid-waste management policy committee of a joint solid-waste district to conduct their meetings or hearings virtually, except when the meetings or hearings involve a vote to approve a major nonroutine expenditure, a significant hiring decision, or a purpose to propose, approve, or vote on a tax issue or increase.
Requested by: Lawrence County Prosecuting Attorney
A municipality may, pursuant to its home-rule authority, contribute revenue from its income tax to a county to further economic development, provided the municipality’s legislative authority determines that the expenditure serves a public municipal purpose, the income tax was enacted for the general benefit of the municipality, and the expenditure aligns with such purpose. A county may receive such funds under R.C. 9.20 subject to compliance with all statutory requirements.
Requested by: Lucas County Prosecuting Attorney
County investment policies must “ensure the best and safest return.” R.C. 135.341(C). Investment decisions may not have a primary purpose of influencing any environmental, social, personal, or ideological policy. R.C. 135.35(O). These requirements govern decisions whether to divest from the sovereign debt of a foreign nation otherwise eligible for investment. R.C. 135.35(A)(10). County commissioners lack authority to remove investment authority from a county treasurer who declines to follow an ultra vires investment policy.
Requested by: Fayette County Prosecuting Attorney
A township may not use revenue from the motor fuel excise tax to fund any portion of the purchase of a fire tanker truck for its fire department.
Requested by: Wyandot County Prosecuting Attorney
Generally, a person may not serve simultaneously as a juvenile court probation officer and as a member of a school district board of education located within the same county.
Requested by: Lake County Prosecuting Attorney
Revenue from a special tax levy designated for the “benefit of Lake County for the purpose of providing funds for police equipment and personnel for the Lake County Narcotics Agency” may continue to be used for that purpose notwithstanding that the agency may become a division within the county sheriff’s office for governance purposes.
Requested by: Highland County Prosecuting Attorney
A coroner may appoint a dentist as an investigator under R.C. 313.05. A dentist, however, is not a licensed physician or pathologist under the Revised Code and may not be appointed as deputy coroner under R.C. 313.05.
Requested by: Defiance County Prosecuting Attorney
The Adult Parole Authority may enter into a written agreement with a multi-jurisdictional drug unit to share information, personnel, and services for crime interdiction and fugitive apprehension. However, if a parole officer is not also certified as a peace officer, designating the officer as a special deputy sheriff does not confer any additional authority upon the officer to make arrests, execute search warrants, or engage in the use of force. The officer has more limited authority and would risk incurring personal liability if he exceeds that authority.
Requested by: Greene County Prosecuting Attorney
The Domestic-Relations Division and Juvenile Division of the Greene County Court of Common Pleas qualify as courts of competent jurisdiction to issue warrants for stored electronic communications under 18 U.S.C. §2703. The Probate Division lacks general criminal jurisdiction. Consequently, the probate division is not a court of competent jurisdiction to issue such warrants. If the business of the court requires it, Rule 3.01(B) of the Rules of Superintendence for the Courts of Ohio allows the court’s presiding judge to temporarily assign the probate judge to the general division in order to issue a warrant under 18 U.S.C. §2703.
Requested by: Butler County Prosecuting Attorney
County contracting authorities and their designated selection committees are subject to R.C. 121.22 of the Open Meetings Law when evaluating, ranking, discussing, and negotiating proposals submitted pursuant to R.C. 307.862. These evaluations, rankings, discussions, negotiations and award decisions may be lawfully conducted in a properly called executive session pursuant to R.C. 121.22(G)(2) and (5). Documents and information generated as a result of an executive session or other meeting to evaluate, rank, discuss, or negotiate such proposals, and the eventual contract award, are public records. The sealed proposals and records related to a subsequent negotiation for a final contract, including ranking sheets or documents, are not subject to public inspection and copying under R.C. 149.43 until after the contract is awarded.