Opinions > 2022 Opinions
Requested by: Lucas County Prosecuting Attorney
Pursuant to R.C. 2301.24, the cost for copies of court transcripts is subject to the fee schedule in R.C. 149.43 and is not set by the Court of Common Pleas, and the Court of Common Pleas does not have discretion to limit free electronic copies of transcripts to only those copies of transcripts filed in delinquency or criminal cases.
Requested by: Geauga County Prosecuting Attorney
A park-district board is not authorized to create a reserve fund, only a replacement fund pursuant to R.C. 1545.28. It derives authority to levy or replace taxes under R.C. 1545.20–.21. It is authorized to modify the language of a replacement, or replacement and additional tax levy, under R.C. 1545.21. Commissioners of a park-district board established under R.C. Chapter 1545 are not required to reside in the territory of the park district.
Requested by: Lorain County Prosecuting Attorney
If a municipal corporation annexes township territory pursuant to R.C. 709.16, R.C. 709.16(H) prevents the later use of R.C. 503.07 to make the boundary lines of the township and municipal corporation identical.
Requested by: Union County Prosecuting Attorney
Law enforcement officers may not disseminate identification information contained in LEADS and OHLEG to the coroner or the coroner’s investigators for the sole purpose of identifying a deceased person, and a coroner may not compel such dissemination through the subpoenaing power set forth in R.C. 313.17. Deputy sheriffs who also serve as coroner investigators may not access and disseminate identification information contained in LEADS and OHLEG when serving as a coroner investigator.
Requested by: Hamilton County Prosecuting Attorney
The exemption to the federal minimum-wage requirements for minor-league baseball players found in 29 U.S.C. 213(a)(19) is incorporated into both the minimum-wage and overtime sections in R.C. 4111 et seq. and Article II, Section 34a of the Ohio Constitution. Because of that, minor-league baseball players are exempt from the minimum-wage and overtime protections in Ohio law, provided that the players’ contracts meet the requirements of 29 U.S.C. 213(a)(19).
Requested by: Liberty Township Law Director
A township that elects to offer reimbursement to its employees under R.C. 505.60(D) is not required to provide reimbursement to its township trustees.
Requested by: Logan County Prosecuting Attorney
Pursuant to R.C. 519.13, a township is not required to have a separate board of zoning appeals for each zoned area.
Requested by: Union Township Law Director
An entity that provides a newborn-safety incubator pursuant to R.C. 2151.3516 is required, if possible, to make available the materials specified in R.C. 2151.3518(A)(3) and (4) to a parent who delivers a child to the incubator and may exercise its official discretion to decide how those materials will be made available.
Requested by: Office of the Ohio Public Defender
R.C. 120.521(A) empowers the Ohio Access to Justice Foundation to use money allocated to the Access to Justice Foundation Fund for the charitable purposes of: (i) enhancing or improving the delivery of civil legal services to indigents; (ii) operating the Access to Justice Foundation; and (iii) providing financial assistance to eligible legal-aid societies. The source of the money does not matter. Additionally, the Ohio Access to Justice Foundation has the discretion to disburse funds from the Access to Justice Foundation Fund for the purposes of enhancing or improving the delivery of civil legal services to indigents, even if such disbursal simultaneously benefits non-indigent poor or underserved Ohioans.
Requested by: Licking County Prosecuting Attorney
Pursuant to the terms of R.C. 2113.64-.67, a county treasurer cannot take an ownership interest in outstanding annuities when the designated beneficiary of the annuities is either unknown or not found.