Opinions > 2022 Opinions


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.


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.

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