Opinions > 2025 Opinions
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.
Requested by: Highland County Prosecuting Attorney
When real or personal property is forfeited to the county pursuant to a court order under R.C. Chapter 2981, the board of county commissioners must receive clear title to the forfeited property before any sale by auction. Depending on the type of property and the specifics of the court order, a law enforcement agency may physically possess and use the forfeited property even though the commissioners hold title to it as county property. The board of county commissioners must follow R.C. 2981.11 to 2981.13, as well as the court’s forfeiture order, in disposing of forfeited property. If the property is not destroyed, sold by auction, or used by the law enforcement agency, the county commissioners may dispose of it only in a manner the court determines appropriate.
Requested by: Cuyahoga County Prosecuting Attorney
When renewal or replacement special levies are designated specifically for the provision of health and human or social services under R.C. 5705.191, the taxing authority has no authority to utilize funds for the wholly separate purpose of constructing permanent improvements. 1963 Ohio Atty.Gen.Ops. No. 63-154 followed.
Requested by: Noble County Prosecuting Attorney
Regarding whether a crime victim may be charged the cost of retrieving a vehicle when a law enforcement agency directed its towing and storage.
Requested by: Fairfield County Prosecuting Attorney
A drainage maintenance fund established under the drainage petition laws may be applied only to the repair, upkeep, and permanent maintenance of drainage improvements that were constructed in accordance with R.C. Chapter 940, 6131, 6133, or 6135. The board of county commissioners may not use the collected assessments for any other purpose. A board of county commissioners cannot convert multiple drainage maintenance districts created under R.C. 6137.04 into a single drainage fund assessed under R.C. 6117.02(D). Rather, the drainage fund and rates assessed under R.C. 6117.02 finance the maintenance of drainage facilities that are part of a county sewer district.
Requested by: Lawrence County Prosecuting Attorney
A county land reutilization corporation is not a financial institution within the meaning of R.C. 505.86(F). A township, therefore, does not have the authority to borrow money from a county land reutilization corporation.