Opinions
Opinions
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.
Requested by: Summit County Prosecuting Attorney
Neither R.C. 307.07 nor R.C. 307.85(A) provide an Ohio county or a multi-county joint office of economic development the authority to apply for and accept a grant of authority from the Foreign-Trade Zones Board to be a foreign trade zone grantee under 15 C.F.R. 400.12. A foreign trade zone grantee may be either a port authority or a corporation organized and chartered for the purpose of establishing, operating, and maintaining a foreign trade zone.
Requested by: Cuyahoga County Prosecuting Attorney
In accordance with R.C. 2930.07, a public office that maintains case documents with a crime victim’s identifying information has discretion, but no obligation, to share the unredacted records with another public office or official that is charged with knowing a crime victim’s information. A public office or official is charged with knowing a victim’s identifying information only if they have duties related to the individual victim beyond a general concern or interest in public safety. A public office or official that receives unredacted case documents must not disclose a victim’s identifying information to an unauthorized person or the public if the victim previously requested to have information redacted or otherwise qualifies to have that information automatically redacted.
Requested by: Morrow County Prosecuting Attorney
A person may serve as both township fiscal officer and member of the board of zoning appeals in the same township, provided that the township fiscal officer refrains from assisting in the preparation of the township’s budget with respect to the board of zoning appeals.
Requested by: Brown County Prosecuting Attorney
The position of county bridge inspector/safety manager in a county engineer’s office and the position of township fiscal officer in the same county are compatible where the duties assigned to the bridge inspector/safety manager are limited to inspecting county bridges, overseeing safety, and conducting safety training for the county highway department, provided that the person, as township fiscal officer, refrains from assisting in the preparation or presentation of the township's budget for bridge infrastructure projects.