Opinions
Opinions

Opinions

2019-029

Requested by: Columbiana County Prosecuting Attorney
Under R.C. 6119.06, a board of township trustees cannot require a water district established under R.C. Chapter 6119 to obtain a permit before the water district commences excavation on a township road. In the reasonable exercise of its discretion, a board of township trustees may temporarily close a township road to public access and use when the board deems the road to be impassable or dangerous to the traveling public, and its closure necessary to protect the public.

2019-028

Requested by: Seneca County Prosecuting Attorney
A regional council of governments is not empowered to contract for construction services under the authority of R.C. 9.48 or R.C. 167.081. When entering into a per unit contract under R.C. 167.081, a regional council of governments is required to comply with all applicable Ohio laws and regulations, including Ohio’s Prevailing Wage Law and competitive bidding requirements.

2019-027

Requested by: Department of Commerce, Board of Building Standards
“Financing has been secured” under R.C. 3781.1010 does not require the demonstration that all funds needed for a construction project are on hand, but only that arrangements for the provision of the funding have been completed and the funding will be available.

2019-026

Requested by: Vinton County Prosecuting Attorney
The opinion indicates that a board of county commissioners has no authority to reimburse county officers and employees for premiums incurred by them for securing health insurance coverage from a source other than the county, but that the board may establish a Section 125 cafeteria plan (R.C. 305.171[F]), or an opt-out payment plan as to health insurance coverage (R.C. 305.171[G]).

2019-025

Requested by: Guernsey County Prosecuting Attorney
In situations of jail overcrowding, a county sheriff is required to transport excess prisoners to another county jail, and the transporting county must pay the receiving county for the costs of housing such prisoners in accordance with R.C. 341.12-14.

2019-024

Requested by: Putnam County Prosecuting Attorney
This opinion answers several questions about the authority of a political subdivision to spend moneys generated from payments in lieu of taxes under R.C. 5727.75 on public improvement projects.

2019-023

Requested by: Cuyahoga County Prosecuting Attorney
No individual employed in a security position by a private or public school may be armed while on duty unless he or she has completed an approved basic peace officer training program, or has completed twenty years of active duty as a police officer. R.C. 109.78(D). An individual who is employed by a school in a non-security position may carry a deadly weapon while on duty pursuant to the written authorization of the board or governing body. R.C. 2923.122(D)(1)(a).

2019-022

Requested by: Madison County Prosecuting Attorney
Addresses certain questions related to continuing obligations of a subdivision which has withdrawn from a R.C. 505.71 joint ambulance district as to debts, fixed charges, and continuing operating expenses of the district.

2019-021

Requested by: Lake County Prosecuting Attorney
The positions of assistant county prosecuting attorney and that of special prosecuting attorney are incompatible with either the position of municipal court magistrate or appointed, temporary municipal judge serving in a municipal court within the same county.

2019-020

Requested by: Ottawa County Prosecuting Attorney
Compatibility: A person may serve simultaneously as a township trustee and a natural resources officer in the classified service of the Ohio Department of Natural Resources, provided that the position of township trustee is filled by nonpartisan election. As a member of the board of township trustees, the person shall refrain from discussions, deliberations, negotiations, or votes concerning any potential mutual aid compact between the township and the Ohio Department of Natural Resources.

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