Opinions
Opinions

Opinions

2020-006

Requested by: Ashtabula County Prosecuting Attorney
The opinion examines whether collections from tax foreclosures and forfeited land sales may be distributed to county land banks. The opinion contains three conclusions: 1) A board of county commissioners may authorize that up to 5% of delinquent taxes and assessments collected from a vacant land sale or tax foreclosures, conducted pursuant to R.C. 5721.18 and 5721.19, may be paid to county land banks, 2) delinquent taxes and assessments from forfeited lands sales cannot, pursuant to R.C. 5723.18, be paid to a county land bank, and 3) the phrase “collections of delinquent real property, personal property, and manufactured and mobile home taxes and assessments,” as used in R.C. 321.261(B) includes collections from forfeited land sales.

2020-005

Requested by: Mahoning County Prosecuting Attorney
The proceeds from the sale of real property that is titled in the name of a board of county commissioners, and that was purchased, maintained, renovated, repaired and improved through the years by a county board of developmental disabilities' levy funds, may be placed by the board of county commissioners in a separate fund to be used only for construction, equipment, furnishing, maintenance, or repair of the county buildings and the acquisition of sites.

2020-004

Requested by: Mahoning County Prosecuting Attorney
An ethics council appointed pursuant to R.C. 5126.031 is required to review all direct services contracts, even if the payment made pursuant to the contract is not with a board member, immediate family member of a board member, board employee, or immediate family member of a board employee.

2020-003

Requested by: Medina County Prosecuting Attorney
R.C. 325.33(B) requires that a board of county commissioners and a clerk of court agree that there is an excess in the certificate of title administration fund before a county budget commission may resolve a dispute regarding the excess.

2020-002

Requested by: Medina County Prosecuting Attorney
Courts may suspend jury trials to prevent the spread of the novel coronavirus, and they may do so consistent with state and federal speedy-trial obligations.

2020-001

Requested by: Licking County Prosecuting Attorney
County auditor's unclassified real estate appraiser may not serve simultaneously as a board of zoning appeals member if he/she is not able to abstain from appraising certain property within the county.

2019-033

Requested by: State Board of Deposit
The OhioCrypto.com cryptocurrency payment processor is a financial transaction device as that term is defined in R.C. 113.40. The State Board of Deposit must approve OhioCrypto.com pursuant to R.C. 113.40 before it can be used to collect state taxes.

2019-032

Requested by: Department of Administrative Services
Medical, dental, and vision benefits provided to a death benefit fund recipient under R.C. 124.824 are not subject to federal, state, or local income taxation, regardless of whether a recipient is a survivor of a state or local fallen public safety officer.

2019-031

Requested by: Mahoning County Prosecuting Attorney
This opinion evaluates a non-charter county’s responsibility to provide certain benefits to employees on uniformed-services leave under R.C. 5923.05 and the Uniformed Services Employment and Reemployment Rights Act (USERRA).

2019-030

Requested by: Fulton County Prosecuting Attorney
Under R.C. 517.11, a board of township trustees may, by majority vote, purchase a columbarium for any cemetery under the jurisdiction of the township. Under R.C. 505.262, a board of township trustees may contract for the construction of a columbarium for a cemetery under the jurisdiction of the township, but only by the unanimous vote of the board.

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