Opinions
Opinions
Requested by: Belmont County Prosecuting Attorney
The additional salary increase for county officials in 2025 Am.Sub.H.B. No. 96 takes effect on September 30, 2025, which is after the start of county treasurers’ current term of office. Pursuant to Ohio Constitution Article II, Section 20, prohibiting in-term compensation increases, the county treasurers’ salary may only increase at the current annual rate until another term commences.
Requested by: Stark County Prosecuting Attorney
A non-home-rule township lacks authority to directly enter into a memorandum of understanding with a chartered nonpublic school to provide school resource officer services to the school.
Requested by: Paulding County Prosecuting Attorney
The total amount to be paid by the Paulding County Municipal Clerk to the county law library resources fund cannot exceed $4,000 under R.C. 307.515(A) in any one calendar year from fines, penalties and forfeited bail, and $1,200 for violations of R.C. Chapters 4301 and 4303. There is no cap on the amount of monthly deposits to be made for violations of state traffic laws under R.C. 307.515(D). The treasurer of Paulding County or the treasurer of the municipal corporation collecting monies is required to make the required monthly deposit into the Paulding County legal resource fund. (2014 Ohio Atty.Gen.Ops. No. 2014-040, followed.)
Requested by: Cuyahoga County Prosecuting Attorney
The Cuyahoga County Prosecutor has all the duties and responsibilities to the County of Cuyahoga that are assigned by R.C. 305.14, 309.08, and 309.09. These duties and responsibilities were not allocated to the county law director through the County Charter. Because these duties and responsibilities require the exercise of judgment and discretion, they may not be delegated by agreement. (2011 Ohio Atty.Gen.Ops. No. 2011-013, followed.)
Requested by: Butler County Prosecuting Attorney
The board of county commissioners may enter an agreement with federal immigration authorities, on behalf of the sheriff, to detain aliens subject to removal from the United States in the county jail. If a contract with federal immigration authorities is in place, the 48-hour limit on detention on the basis of a detainer does not apply. The terms of the contract would determine whether the sheriff or deputy sheriffs may transport such aliens in custody.
Requested by: Trumbull County Prosecuting Attorney
Compatibility: A finance director of a city may not serve simultaneously as a township fiscal officer in a township that contracts with that city for services.
Requested by: Ohio Auditor of State
The annual training requirement of R.C. 3314.037 for community school officials and personnel on the state’s public records and open meeting laws is not constrained by statute to the same training that is certified by the attorney general and conducted either by the attorney general or a third party through a contract with the Attorney General. For the purpose of auditing compliance with R.C. 3314.037 when the statute does not stipulate the specific training requirements, the auditor of state has authority to set a reasonable standard for training necessary to ensure community school personnel know how to comply with the public records and open meetings laws.
Requested by: Champaign County Prosecuting Attorney
A county agricultural society organized under R.C. Chapter 1711 is a political subdivision for purposes of R.C. 9.68.
Requested by: Geauga County Prosecuting Attorney
A township has no obligation to contribute toward the maintenance, construction, or reconstruction of a road outside of its boundaries. R.C. 5573.15 permits boards of township trustees to jointly improve a township road if the road is less than the “legal assessment distance” from the township line, which is the distance within which properties may be statutorily assessed for a township road improvement. A township may also assist another township in an emergency or pursuant to a mutual aid agreement. Generally, township joint road improvements may be paid from the same sources as the funding for roads within a township’s boundaries.
Requested by: Greene County Prosecuting Attorney
A political subdivision may use tax revenue generated from its levies for the purposes described in R.C. 5705.19(I) and (J) to pay a portion of its allocated cost for a countywide public safety answering point that provides access to firefighting, police protection, ambulance, or emergency medical services within the political subdivision. The portion of allocated costs paid with tax revenue from each such levy must be rationally related to the expenses incurred by the public safety answering point for providing such access and must be consistent with the political subdivision’s authorizing resolution and ballot language for the particular tax levy.