Opinions > 2025 Opinions
Requested by: Defiance County Prosecuting Attorney
The Adult Parole Authority may enter into a written agreement with a multi-jurisdictional drug unit to share information, personnel, and services for crime interdiction and fugitive apprehension. However, if a parole officer is not also certified as a peace officer, designating the officer as a special deputy sheriff does not confer any additional authority upon the officer to make arrests, execute search warrants, or engage in the use of force. The officer has more limited authority and would risk incurring personal liability if he exceeds that authority.
Requested by: Greene County Prosecuting Attorney
The Domestic-Relations Division and Juvenile Division of the Greene County Court of Common Pleas qualify as courts of competent jurisdiction to issue warrants for stored electronic communications under 18 U.S.C. §2703. The Probate Division lacks general criminal jurisdiction. Consequently, the probate division is not a court of competent jurisdiction to issue such warrants. If the business of the court requires it, Rule 3.01(B) of the Rules of Superintendence for the Courts of Ohio allows the court’s presiding judge to temporarily assign the probate judge to the general division in order to issue a warrant under 18 U.S.C. §2703.
Requested by: Butler County Prosecuting Attorney
County contracting authorities and their designated selection committees are subject to R.C. 121.22 of the Open Meetings Law when evaluating, ranking, discussing, and negotiating proposals submitted pursuant to R.C. 307.862. These evaluations, rankings, discussions, negotiations and award decisions may be lawfully conducted in a properly called executive session pursuant to R.C. 121.22(G)(2) and (5). Documents and information generated as a result of an executive session or other meeting to evaluate, rank, discuss, or negotiate such proposals, and the eventual contract award, are public records. The sealed proposals and records related to a subsequent negotiation for a final contract, including ranking sheets or documents, are not subject to public inspection and copying under R.C. 149.43 until after the contract is awarded.
Requested by: Greene County Prosecuting Attorney
When county commissioners from multiple counties form a joint board for the purpose of constructing and maintaining a multicounty facility for the training and treatment of juveniles, no county prosecutor from any participating county has a duty to serve as legal counsel to the joint board. (1983 Ohio Atty.Gen.Ops. No. 83-064 approved and followed). The county prosecutor from a single county has no duty to provide legal counsel to the governing board of juvenile judges for a multicounty community corrections facility, nor does the county prosecutor have a duty to represent the juvenile judge from the prosecutor’s county when the judge is acting as a member of the governing board.
Requested by: Belmont County Prosecuting Attorney
The additional salary increase for county officials in 2025 Am.Sub.H.B. No. 96 takes effect on September 30, 2025, which is after the start of county treasurers’ current term of office. Pursuant to Ohio Constitution Article II, Section 20, prohibiting in-term compensation increases, the county treasurers’ salary may only increase at the current annual rate until another term commences.
Requested by: Stark County Prosecuting Attorney
A non-home-rule township lacks authority to directly enter into a memorandum of understanding with a chartered nonpublic school to provide school resource officer services to the school.
Requested by: Paulding County Prosecuting Attorney
The total amount to be paid by the Paulding County Municipal Clerk to the county law library resources fund cannot exceed $4,000 under R.C. 307.515(A) in any one calendar year from fines, penalties and forfeited bail, and $1,200 for violations of R.C. Chapters 4301 and 4303. There is no cap on the amount of monthly deposits to be made for violations of state traffic laws under R.C. 307.515(D). The treasurer of Paulding County or the treasurer of the municipal corporation collecting monies is required to make the required monthly deposit into the Paulding County legal resource fund. (2014 Ohio Atty.Gen.Ops. No. 2014-040, followed.)
Requested by: Cuyahoga County Prosecuting Attorney
The Cuyahoga County Prosecutor has all the duties and responsibilities to the County of Cuyahoga that are assigned by R.C. 305.14, 309.08, and 309.09. These duties and responsibilities were not allocated to the county law director through the County Charter. Because these duties and responsibilities require the exercise of judgment and discretion, they may not be delegated by agreement. (2011 Ohio Atty.Gen.Ops. No. 2011-013, followed.)
Requested by: Butler County Prosecuting Attorney
The board of county commissioners may enter an agreement with federal immigration authorities, on behalf of the sheriff, to detain aliens subject to removal from the United States in the county jail. If a contract with federal immigration authorities is in place, the 48-hour limit on detention on the basis of a detainer does not apply. The terms of the contract would determine whether the sheriff or deputy sheriffs may transport such aliens in custody.
Requested by: Trumbull County Prosecuting Attorney
Compatibility: A finance director of a city may not serve simultaneously as a township fiscal officer in a township that contracts with that city for services.