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Opinions > 2021 Opinions

2021-010

Requested by: Miami Township Law Director
Due to an impermissible conflict of interest, an appointed part-time city prosecutor may not simultaneously maintain a private practice in which he represents criminal defendants for violations of state law in the surrounding jurisdictions of the served municipal corporation.

2021-009

Requested by: Erie County Prosecuting Attorney
A board of county commissioners has the final-say authority over the recommended road repair/improvement projects prepared by a county engineer.

2021-008

Requested by: Clermont County Prosecuting Attorney
The clerk of a county municipal court is not required to accept possession and control of records of mayor's courts relating to inactive cases of a village upon the dissolution of that village.

2021-007

Requested by: Portage County Prosecuting Attorney
The transfer of money from the county general fund to an "elections revenue fund" is not authorized unless it is approved by a county board of commissioners' resolution.

2021-006

Requested by: Trumbull County Prosecuting Attorney
Prevailing-wage law does not attach to enterprise-zone agreements under R.C. 5709.631, or community-reinvestment-area agreements under R.C. 3735.671, because neither constitutes a public authority undertaking or contracting for a public improvement pursuant to R.C. 4115.03, et seq.

2021-005

Requested by: Ottawa County Prosecuting Attorney
One who is not a candidate for office may serve simultaneously as village mayor and as deputy director of the board of elections within the same county, provided that he/she abstains from activities relating to ballot issues for the village in which the village mayor serves.

2021-004

Requested by: Guernsey County Prosecuting Attorney
A county recorder and a county auditor must accept valid deeds for recording or transfer that are presented to their respective offices by shipment through the United States Postal Service.

2021-003

Requested by: Delaware County Prosecuting Attorney
A county-run EMS organization can provide previously scheduled services that require ventilation, oxygenation, cardiac monitoring, and the administration of medications (or other services described in 4765.37, 4765.38, and 4765.39) so long as the service is performed by an EMT. A county-run EMS organization located in a county with a population greater than 40,000 may not provide patient transport services that do not require services described in R.C. 4765.35, 4765.37, 4765.38, and 4765.39.

2021-002

Requested by: Licking County Prosecuting Attorney
Due to an impermissible conflict of interest, a person may not serve simultaneously as a county treasurer and as a member of a municipal civil service commission when the two positions are within the same county.

2021-001

Requested by: Erie County Prosecuting Attorney
An examination of the responsibilities of a county auditor relative to a line item appropriation amount for county employee salaries, and particularly whether any potential liability may arise for issuing a warrant in violation of R.C. 5705.45 and R.C. 319.16.