Opinions
Opinions
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.
Requested by: Ashtabula County Prosecuting Attorney
If a board of county commissioners designates a communicable-disease-control program operated by the board of health of a general health district as a tuberculosis-control unit for the county, the board of county commissioners is not permitted to enter into a contract with the general health district for the provision of these services, nor can the general health district refuse to execute the duties of the tuberculosis-control unit.
Requested by: Trumbull County Prosecuting Attorney
Compatibility: The positions of township fiscal officer and member of a board of education for a local school district within the same geographical area are compatible, provided that the fiscal officer refrains from assisting in the preparation of the township’s budget, the person refrains from voting on, approving, negotiating, or discussing contracts involving the township and school district, and the person does not partake in determining if or when to issue a tax abatement that impacts the township and school district.
Requested by: Geauga County Prosecuting Attorney
Compatibility: A person may not serve simultaneously as a local school district board member and a commissioner of a county park board if the school district is in the same county as the park board.
Requested by: Morrow County Prosecuting Attorney
Compatibility: A person may not serve simultaneously as a county commissioner and as the treasurer of a local school district within the same county.
Requested by: Speaker of the Ohio House of Representatives
The commission, acting under Ohio Constitution Article XIX Section 3(B)(2), may enact a congressional map by a simple majority vote, which is valid for the time period that the previous map was valid for be-fore being found unconstitutional.
Requested by: Preble County Prosecuting Attorney
Compatibility: A person may serve simultaneously as the Preble County clerk of the court of common pleas and as the clerk of the Eaton Municipal Court, but the clerk of the Eaton Municipal Court may not be hired as an independent contractor, and is a public employee as defined in R.C. 145.01.