Although the Ohio Attorney General’s office does not render legal opinions to municipalities, the AG’s opinions given to state and county officials usually throw some light on the thinking regarding matters of concern to municipalities. Always consult your municipal legal counsel for an AG opinion’s applicability to your municipality.

One of the more frequent questions regarding public records has to do with delinquent water or sewer customer names. A recent opinion (2002-030) states in the syllabus: "in the absence of facts indicating that the names and addresses of a county sewer district’s customers fall within one of the exceptions to the definition of ‘[public records’ contained in R.C. 149.43(A)(1), such names and addresses are public records that are subject to disclosure by the sewer district in accordance with R.C. 149.43."

Every municipality has at least one or two persons who can’t seem to get it straight about getting a certificate of available resources. Section 5705.41 of the Revised Code requires that the chief fiscal officer (village clerk or city auditor or equivalent) sign off on the fact that money has been appropriated and is available signed before the eager spender runs out to buy something. If the certificate (usually on a purchase order) isn’t signed in advance, "upon receipt by the taxing authority (council or commission) of the subdivision or taxing unit of a certificate of the fiscal officer stating that there was at the time of the making of such contract or order and at the time fo the execution of such certificate a sufficient sum appropriated for the purpose of such contract and in the treasury or in process of collection to the credit of an appropriate fund free from any previous encumbrances, such taxing authority may authorize the drawing of a warrant in payment of amounts due upon such contract, but such resolution or ordinance shall be passed within thirty days after the taxing authority receives such certificate; provided that, if the amount involved is less that one hundred dollars in the case of counties or three thousand dollars in the case of all other subdivisions or taxing units, the fiscal officer may authorize it to be paid without affirmation of the taxing authority of the subdivision or taxing unit, if such expenditure is otherwise valid.[emphasis added]"

The General Assembly in H.B. 454 amended 5705.41(D)(1) to increase that level from $1,000 to $3,000, as stated above. Those wonderful words "if such expenditure is otherwise valid" often get overlooked. Section 5705.41 does not grant the clerk or auditor the power to appropriate money or to approve contracts that require council action in advance. Be sure to review Section 731.14 and 731.141, of the Revised Code, regarding contracting authority in villages with and without an administrator.

In D.A.B.E., Inc.v. Toledo-Lucas Cty. Bd. Of Health, 96 Ohio St.3d 250, 2002-Ohio-4172, the Ohio Supreme Court ruled that the General Assembly did not vest local boards of health with unlimited authority to adopt regulations addressing all public-health concerns; administrative regulations cannot dictate public policy but rather can only develop and administer policy; and R.C. 3709.21 is a rules-enabling statute, not a provision granting substantive regulatory authority.

In other words, it takes council action to enact local indoor clear air rules. The OML has samples.

SB 5 ANNEXATION (Wachtmann) Am., En. & Rep. 505, 709, 929 & 5705. Revises the laws governing municipal annexations. The bill is effective October 26, 2001. DUE TO VARIOUS CHALLENGES TO THIS LEGISLATION THE EFFECTIVE DATE OF THE BILL IS STILL UNDETERMINED.

SB 24 SOVEREIGN IMMUNITY EXPANSION (Johnson) Am. 2744. Include as a governmental function under the Political Subdivision Sovereign Immunity Law the operation of a bicycle motorcross, bicycling, skating, skate boarding, or scooter riding facility. The bill is effective October 26, 2001.

SB 106 SOVEREIGN IMMUNITY (Hottinger) To amend sections 723.01, 2744.01, 2744.02, 2744.03, 2744.04, 2744.05, 2744.06, 4582.27, 5591.36, and 5591.37 of the Revised Code to include as a governmental function under the Political Subdivision Sovereign Immunity Law the design, construction, reconstruction, renovation, repair, maintenance, and operation of any school athletic facility, school auditorium, or gymnasium; to re-enact changes made by Am. Sub. H.B. 350 of the 121st General Assembly to the Political Subdivision Sovereign Immunity Law; and to amend sections 2744.01 and 2744.03 of the Revised Code as scheduled to take effect on January 1, 2002, to continue the amendments of this act on and after that date. The bill has been signed by the Governor.

SB 107 TORT LAW (Armbruster) Am. 2307. Enacts changes made to the tort law that were enacted by Am.Sub. HB350 of the 121st General Assembly and amended by Sub. HB547 of the 122nd General Assembly and by Sub.HB294 of the 123rd General Assembly. The bill has ben signed by the Governor and is effective June 28, 2002.

SB 108 TORT LAW (Jacobson) Am. & Rep. 109, 163, 1343, 1701, 1707, 1775, 1901, 2101, 2117, 2125, 2305, 2307, 2313, 2315, 2501, 2743, 2744, 3123, 3701, 3722, 4112, 4113, 4171, 4399, 4507, 4513, 4582, 4909, 5111, 5591. Revises tort law and declares an emergency. The bill became effective July 6, 2001.

SB 119 PUBLIC RETIREMENT (Austria) Am. & En. 145, 742, 3307, 3309 & 5505. Permits multiple transfers of service credit and contributions between Ohio's state retirement systems. The bill is effective February 20, 2002.

SB 123 TRAFFIC LAWS (Oelslager) Am., En. & Rep. 9, 119, 733, 1547, 1901, 1905, 1907, 2151, 2152, 2743, 2903, 2907, 2919, 2921, 2923, 2925, 2929, 2935, 2937, 2951, 2953, 3123, 3327, 3793, 3937, 4301, 4501, 4503, 4505, 4506, 4507, 4508, 4509, 4511, 4513, 4517, 4519, 4549, 4551, 4561, 4563, 4582, 4583, 5120, 5503, & 5743. Adopts, effective January 1, 2003, the Ohio Criminal Sentencing Commission's Traffic Proposals, with modifications, and related changes in the traffic laws and makes an appropriation. The bill has been signed by the Governor and is effective November 1, 2003.

SB 134 OPF RETIREMENT (Blessing) Am. & En. 742. Provides for the establishment of the Ohio Police and Fire Pension Fund deferred retirement option plan. The bill his been signed by the Governor and is effective July 23, 2002.

SB 180 VENTURE CAPITAL PROGRAM (ARMBRUSTER) Am. & En. 122,5733 &5747. Creates the Ohio Venture Capital Program to provide for the direction of moneys of a private investment fund into loans and investments that are consistent with a general policy adopted by the new Ohio Venture Capital Authority and that are secured up to a specified maximum loss, first through program revenues or, if insufficient, through proceeds from the sale of transferable tax credits that may be claimed against the corporate franchise tax or the personal income tax. The bill has passed both Houses.

HB 3 ENVIRONMENTAL BONDS (Blasdel) En. 1559. Declares it to be the public policy of the state to establish the Clean Ohio Fund for the purpose of achieving certain goals related to the protection of the environment and preservation of the state's natural resources. The bill is effective July 26, 2001.

HB 9 NATURAL GAS SALES (Setzer) Am. & En. 4905, 4911 & 4929. Subjects retail natural gas suppliers and governmental aggregators to certification by the Public Utilities Commission, authorizes governmental aggregation for competitive retail natural gas services, and authorizes the PUCO, upon application by a governmental aggregator, to require a natural gas company to provide distribution service on a comparable and nondiscriminatory basis within the area of the governmental aggregation. The bill became effective June 26, 2001.

HB 21 PURCHASE CERTIFICATES (Core) Am. 5705. Enables super blanket certificates to be used by subdivisions and local taxing units for qualified purchases amounting to $5,000 or less, not just those amounting to more than $5,000. The bill is effective August 28, 2001.

HB 84 RETIREMENT RESTRICTION (Schmidt) Am. 145. Prohibits an elected official from receiving a Public Employees Retirement System pension while earning a salary for the same public office and declares an emergency.

The bill is effective July 31, 2001.

HB 120 GOVERNMENT PURCHASES (Raga) Am. & En. 9, 125, 307, 505 & 717. Permits the Department of Administrative Services and political subdivisions to purchase supplies or services through a competitive reverse auction process via the Internet and makes changes in the notice required when the Department purchases supplies or services by competitive selection. The bill is effective October 26, 2001.

HB 129 COUNTY TAX BUDGET (Webster) Am. 5705. Permits a county budget commission to waive the requirement that a taxing authority adopt a tax budget for a subdivision or taxing unit. The bill is effective June 3, 2002.

HB 143 RESIDENCY REQUIREMENT (Young) Am. & En. 9, 505, 733 & 737. Specifies that state law does not require a municipal corporation fire chief or village fire prevention officer to be a resident or elector of the municipal corporation, does not require a township fire chief or fire prevention officer to be a resident of the township, and does not require a township fire district fire chief, joint fire district fire chief, or fire and ambulance district fire chief to be a resident of the township fire district, joint fire district, or fire and ambulance district. The bill has passed both Houses and became effective January 25, 2002.

HB 245 VILLAGE OFFICES (Evans) En. 733. Permits the offices of village clerk and treasurer to be combined into an appointed office of village fiscal officer and permits the appointed office to be subsequently abolished and replaced by the elected office of village clerk-treasurer. The bill's effective date is February 1, 2002.

HB 329 LOCAL GOVERNMENT FUNDS (Blasdel) Am. 5705 & 5747. Allows local government funds under certain circumstances to be distributed among subdivisions under an alternative apportionment scheme without the approval of the largest municipal corporation in the county. The bill has passed the and became effective August 29, 2002.

HB 365 GOVERNMENT FISCAL WATCH (Setzer) Am. 118. Authorizes the Auditor of State to declare a fiscal watch when the projected fiscal year-end deficit of a municipal corporation, county, or township exceeds one-twelfth of its general fund revenue from the preceding fiscal year. The bill has been signed by the Governor, it is effective May 30, 2002.

HB 386 FINANCIAL SERVICE REGULATION (Blasdel) En. 1. States the intent of the General Assembly on the relationship of state and local laws regarding the regulation of loans and other forms of credit. The bill has been signed by the Governor and became effective May 24, 2002.

HB 426 EMINENT DOMAIN (Young) Am. 163. Requires acquiring state agencies to make every reasonable effort to provide a copy of the appraisal to the owner of real property appraised at more than $10,000, requires those agencies to update or obtain new appraisals under certain circumstances, and specifies that their acquisition of property must be for a clearly defined public purposes that is to be achieved in a defined and reasonable period of time. The bill became effective September 6, 2002.