Opinions
Opinions

Opinions

2019-016

Requested by: Putnam County Prosecuting Attorney
Neither the Putnam County Board of Commissioners nor any other county officer has authority to appoint a board to operate a county home health care and hospice service as a separate and independent county board or agency.

2019-015

Requested by: Wyandot County Prosecuting Attorney
Addresses several questions about whether certain actions to publicize or encourage enrollment in a released time religious instruction course may be permitted or prohibited by the policy of a board of education of a public school district.

2019-014

Requested by: Warren County Prosecuting Attorney
The board of education of a joint vocational school district has no authority to establish a sick leave donation program for nonteaching employees of the district who are not members of a collective bargaining unit.

2019-013

Requested by: Trumbull County Prosecuting Attorney
Addresses several questions related to a county transit board’s use of revenue derived from a tax levied by a board of county commissioners pursuant to R.C. 5705.19(Y).

2019-012

Requested by: Ottawa County Prosecuting Attorney
Compatibility: a person may serve simultaneously as the elected, part-time Law Director of the City of Port Clinton and full-time assistant prosecuting attorney of Ottawa County primarily assigned to juvenile prosecutions, subject to conditions.

2019-011

Requested by: Geauga County Prosecuting Attorney
Reviews the authority of a county auditor to require that a judicial office submit a proper order or voucher together with evidentiary matter in support of issuance of a warrant (R.C. 319.16), and to determine what is sufficient evidentiary support, in the context of the separation of powers principle.

2019-010

Requested by: Cuyahoga County Prosecuting Attorney
Public record status of draft audit reports prepared by the Cuyahoga County Director of Internal Auditing under R.C. 149.43 and R.C. 4701.19(B).

2019-009

Requested by: Licking County Prosecuting Attorney
The boards of trustees of two or more townships may form a joint fire district and may, pursuant to R.C. 505.37(B), agree to a proration of the costs of the formation and operation of the district. Each of the boards may use levy money generated by the township’s existing levy enacted under R.C. 5705.19(I) provided the money is expended in a manner consistent with that section and the resolution authorizing the levy and its ballot language. Any such expenditure by a township must correspond to the services provided by the fire district to the respective township.

2019-008

Requested by: Lorain County Prosecuting Attorney
Clarifies the types of records that a public children services agency is required to expunge, as set forth in R.C. 2151.357(A)(4), when a juvenile court seals records of a child’s delinquency adjudication pursuant to R.C. 2151.356(C). Also identifies the types of information a public children services agency is required to disclose to a child’s prospective foster or adoptive parents under 13 Ohio Admin. Code 5101:2-48-15 or 13 Ohio Admin. Code 5101:2-42-90 after the agency has expunged records of the child’s delinquency proceeding as set forth in R.C. 2151.357(A)(4).

2019-007

Requested by: Guernsey County Prosecuting Attorney
An employee of a court of common pleas who is employed by the court on or after June 24, 1987, after prior public service and retirement from an Ohio public retirement plan shall not have service earned prior to the employee’s retirement counted for computing vacation leave unless the court has adopted an alternative vacation leave schedule that supersedes R.C. 9.44(C). An employee of a common pleas court who retired from public service with another public employer and then worked for a third public employer as result of which the employee accrued, unused sick leave shall be credited with that sick leave so long as the employee is re-employed by the court within ten years of termination of the most recent prior service.

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