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2019 Opinions


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).


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.


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.


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).


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.


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).


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.


Requested by: Morrow County Prosecuting Attorney
Section 339.06 of the Ohio Revised Code, as amended in 1972, authorizes a board of county hospital trustees to hire, by contract or as salaried employees, consultants as the board determines are necessary and desirable to assist in the management of the operation of the county hospital, and to use county operating funds to pay the cost of the same. The expenditure must be for a proper public purpose, and the board is afforded significant discretion in making that determination. Whether a particular expenditure of a board of county hospital trustees for this purpose constitutes an abuse of discretion is beyond the scope of an opinion of the Attorney General. (1961 Op Att’y Gen. No. 2188 and 1961 Op. Att’y Gen. No. 2397 overruled as a result of legislative enactment.)


Requested by: Licking County Prosecuting Attorney
A township fiscal officer may not serve as the township’s cemetery sexton or caretaker, and receive compensation for providing services as cemetery sexton or caretaker in addition to the compensation allowed for the position of fiscal officer. A township fiscal officer may not receive compensation for maintaining the township cemetery plat or record of deeds in addition to the compensation allowed for the position of fiscal officer.


Requested by: Lawrence County Prosecuting Attorney
A court of common pleas, by rule, may appoint a standing process server in civil cases. A civil party may request personal service in an action by filing a written request. For good cause, a court, on the motion of a party or at its own instance, may appoint an alternative process server in a particular matter.

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