February 13_ 2001

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					                                  February 13, 2001


The Honorable J. Kenneth Blackwell
Secretary of State
180 East Broad Street, 15th Floor
Columbus, Ohio 43215


SYLLABUS:                                                                       2001-001


      1.     Pursuant to R.C. 1.59(D), the most recent federal decennial census must
             be used to establish the population of the territory of a municipal court for
             purposes of determining under R.C. 1901.31(A)(1)(a) whether the office
             of municipal court clerk must be filled by election or appointment. The
             results of the most recent federal decennial census are effective as of the
             date on which the Governor receives the completed tabulations of
             population from the U.S. Secretary of Commerce pursuant to 13 U.S.C.A.
             § 141(c) (1990). (1999 Op. Att'y Gen. No. 99-033 and 1982 Op. Att'y
             Gen. No. 82-047, approved and followed.)

      2.     If the population of the territory of a municipal court that is subject to R.C.
             1901.31(A)(1)(a) equals or exceeds 100,000 at the time of the regular
             municipal election immediately preceding the expiration of the term of the
             present clerk of court, then the next clerk of court must be elected to office
             at that election.

      3.     If the population of the territory of a municipal court that is subject to R.C.
             1901.31(A)(1)(a) is, according to the 1990 federal decennial census, less
             than 100,000 and the results of the 2000 federal decennial census do not
             become effective until after the deadline for filing declarations of
             candidacy for the primary election, then no primary election shall be held
             for the purpose of nominating candidates for the office of municipal court
             clerk, even though the results of the 2000 census are expected to become
             effective before the date of the regular municipal election in November
             2001,      and        are       expected      to     show         that      the
population of the territory equals or exceeds 100,000. If, however, the
results of the 2000 census, when they become effective, in fact indicate
that the population of the territory equals or exceeds 100,000, then a
person may qualify to be a candidate for the office of municipal court
clerk at the regular municipal election in November 2001 by timely filing
a nominating petition or a declaration of intent to be a write-in candidate.
                                       March 9, 2001


The Honorable David P. Joyce
Geauga County Prosecuting Attorney
Courthouse Annex
231 Main Street, Suite 3A
Chardon, Ohio 44024-1235


SYLLABUS:                                                                     2001-002


      1.     A board of park commissioners that establishes a bike path that passes
             through a township must make a reasonable attempt to comply with that
             township’s zoning or land use restrictions, but need not comply with the
             township’s zoning procedures, e.g., obtaining permits, variances, or
             zoning changes, before it begins such project. If, after attempting
             compliance with the township’s zoning or land use restrictions, the board
             finds that compliance would frustrate or significantly hinder its use of the
             property for a bike path, the board may proceed with such use of its
             property, unless a court of competent jurisdiction enjoins it from so
             proceeding.

      2.     Absent a contractual or statutory requirement with respect to the use of
             particular funds, a state entity has no general duty to determine that a
             board of park commissioners has complied with all local zoning
             requirements in the construction of a bike path before awarding a grant of
             state moneys to the board for such construction.

      3.     Whether a board of park commissioners’ receipt of a grant from the state
             for construction of a bike path affects the board’s duty under the standards
             set forth in Brownfield v. State, 63 Ohio St. 2d 282, 407 N.E.2d 1365
             (1980), overruled in part on other grounds by Racing Guild of Ohio v.
             Ohio State Racing Comm’n, 28 Ohio St. 3d 317, 503 N.E.2d 1025 (1986),
             to comply with township zoning or land use restrictions when constructing
             such path depends upon whether a statute applicable to such grant moneys
             or the agreement pursuant to which the grant is made impose that
             requirement.
                                        March 9, 2001


The Honorable David L. Landefeld
Fairfield County Prosecuting Attorney
201 South Broad Street, Fourth floor
Lancaster, Ohio 43130


SYLLABUS:                                                                    2001-003


       1.     Pursuant to R.C. 5543.14, a county engineer or board of township trustees
              may “trim or remove any and all trees, shrubs, and other vegetation
              growing in or encroaching onto the right-of-way of” county or township
              roads, respectively, and “[t]he engineer or board is not required to
              compensate the abutting landowner for trimming or removing such trees,
              shrubs, and other vegetation as is necessary to facilitate these rights.”

       2.     The removal of trees or other vegetation from a county or township road
              by a county engineer or board of township trustees in accordance with
              R.C. 5543.14 is part of the public’s easement or right-of-way created when
              the county or township road was established, and, therefore, does not
              constitute a taking of any property rights remaining in the abutting
              landowners within the meaning of Ohio Const. art. I, § 19 or U.S. Const.
              amend. V. Accordingly, a county engineer or board of township trustees
              may take those actions authorized by R.C. 5543.14 without first obtaining
              the consent of, or compensating, the abutting landowners. (1946 Op.
              Att’y Gen. No. 942, p. 327, syllabus, paragraph two, overruled to the
              extent that it is inconsistent with this opinion.)
                                       March 9, 2001


The Honorable D. Michael Haddox
Muskingum County Prosecuting Attorney
P.O. Box 189
27 North Fifth Street, Suite 201
Zanesville, Ohio 43702-1089


SYLLABUS:                                                                    2001-004


      1.     Members of a county veterans service commission are “officers” for
             purposes of Ohio Const. art. II, § 38, and may be removed from office
             only upon complaint and hearing.

      2.     Although members of a county veterans service commission are subject to
             removal from office pursuant to R.C. 3.07-.10, a judge of the court of
             common pleas, in the exercise of his authority under R.C. 5901.03 to
             remove a commission member from office, is not bound by the mandates
             of R.C. 3.07-.10, and may use his discretion in developing and applying an
             appropriate removal process, so long as he complies with the complaint
             and hearing requirements of Ohio Const. art. II, § 38 and the removal is
             for cause as required by R.C. 5901.03.

      3.     In cases where a member of a county veterans service commission may be
             deemed to have resigned, abandoned, or otherwise vacated his office, a
             judge of the court of common pleas is not required to conduct a removal
             proceeding prior to filling the member’s vacancy on the commission.
                                      March 9, 2001


The Honorable Amanda Spies Bornhorst
Tuscarawas County Prosecuting Attorney
125 E. High Avenue
New Philadelphia, OH 44663


SYLLABUS:                                                                  2001-005


      A municipal income tax approved by the voters upon referendum is a tax voted by
      the electorate for purposes of R.C. 5747.51(E)(4). Therefore, revenue from the
      income tax may be deducted from the municipality’s revenue total in determining
      its share in the undivided local government fund.
                                         March 9, 2001


The Honorable Robin N. Piper
Butler County Prosecuting Attorney
Government Services Center, 11th Floor
315 High Street
Hamilton, Ohio 45011


SYLLABUS:                                                            2001-006


       A court of common pleas may not use fees generated pursuant to R.C.
       2303.201(E)(1) to pay the county sheriff for security services that the sheriff is
       required by R.C. 311.07(A) to provide to the court.
                                      March 9, 2001


Charles D. Hall, III
Perry Township Law Director
3111 Hilton Street, N.W.
Massillon, Ohio 44646


SYLLABUS:                                                                  2001-007


      Cases arising from violations of R.C. 2925.03 and R.C. 4511.19 are not included
      as part of the criminal and civil caseload of a limited home rule government
      township when calculating the township’s proportionate share of the current
      operating costs of a municipal court under R.C. 1901.026(A).
                                           March 9, 2001



Vernon Chenevey
Executive Director
Ohio Peace Officer Training Commission
1650 S.R. 56
London, Ohio 43140


SYLLABUS:                                                                     2001-008


      Under existing statutes and rules, the training in crisis intervention, missing
      children, and child abuse and neglect cases mandated under R.C. 109.741, R.C.
      109.742, and R.C. 109.77(B)(3) and (I) for peace officers who experience a break
      in service must be provided by a certified peace officer training school and must
      meet the standards of an approved basic training program for peace officers. If a
      certified peace officer training school offers mandated specialized training for
      break in service situations by means of videotape instruction, the training must be
      provided by a certified instructor, in an approved setting, and with attendance
      monitored, in accordance with Chapter 109:2-1 of the Ohio Administrative Code.
                                        March 14, 2001




The Honorable Charles F. Kennedy, III
Van Wert County Prosecuting Attorney
124 North Washington Street
Van Wert, Ohio 45891


SYLLABUS:                                                                  2001-009


      Article IV, § 6(B) of the Ohio Constitution and R.C. 1907.16(B) prohibit a part-
      time county court judge from serving simultaneously as a part-time domestic
      relations magistrate of a court of common pleas, appointed pursuant to Ohio R.
      Civ. P. 53(A), in an adjacent county. (1996 Op. Att’y Gen. No. 96-024 and 1969
      Op. Att’y Gen. No. 69-131, approved and followed.)
                                        March 26, 2001


The Honorable Donald R. Burns, Jr.
Carroll County Prosecuting Attorney
49 Public Square
Carrollton, Ohio 44615


SYLLABUS:                                                                       2001-010


       R.C. 313.22 requires a county coroner to deliver a firearm found in the effects of a
       decedent to the executor or the administrator of the decedent’s estate in cases
       where the relatives of the decedent are known. (1970 Op. Att'y Gen. No. 70-057,
       approved and followed; 1977 Op. Att'y Gen. No. 77-102, overruled.)
                                       March 26, 2001


The Honorable W. Duncan Whitney
Delaware County Prosecuting Attorney
15 West Winter Street
Delaware, Ohio 43015


SYLLABUS:                                                                    2001-011


      1.     When a county and a township within the county provide emergency
             medical services throughout their respective territories pursuant to R.C.
             307.05 and R.C. 505.37(A), the emergency medical services personnel of
             both the county and the township are responsible for providing such
             services within the township.

      2.     Pursuant to R.C. 505.37(A) and 3 Ohio Administrative Code 1301:7-1-
             03(I), when emergency medical services personnel of a county emergency
             medical service organization and a township fire department respond to a
             call for emergency medical services within the township, the township fire
             department’s emergency medical services personnel are authorized to
             exercise control of the administration of medical care and treatment at the
             scene of the medical emergency.
                                   March 28, 2001


Samuel W. Speck, Director
Ohio Department of Natural Resources
1930 Belcher Drive, Building D-3
Columbus, Ohio 43224-1387


SYLLABUS:                                                                   2001-012


      1.     Data, photographs, maps, and other information created, collected,
             prepared, maintained, and published pursuant to R.C. 1504.02(A)(6) by
             the Department of Natural Resources’ Division of Real Estate and Land
             Management are public records for purposes of R.C. 149.43.

      2.     If the Department of Natural Resources stores, produces, organizes, or
             compiles public records in such a manner that enhances the value of data
             or information included therein, it may charge for copies an amount that
             includes the additional costs of copying the information in such enhanced
             or “value-added” format.

      3.     R.C. 1501.01, which authorizes the Director of the Department of Natural
             Resources to “publish and sell” data, reports, and information, does not
             authorize the Director to charge an amount in excess of its actual cost for
             providing copies of the records created and maintained pursuant to R.C.
             1504.02(A)(6).
                                        March 28, 2001


The Honorable W. Duncan Whitney
Delaware County Prosecuting Attorney
15 West Winter Street
Delaware, Ohio 43015


SYLLABUS:                                                                       2001-013


      When the board of health of a general health district certifies to the board of
      county commissioners of the county in which the health district is located that the
      taxes within the ten-mill limitation will not provide sufficient funds to meet the
      district’s expenses, the board of county commissioners has a mandatory duty
      under R.C. 3709.29 to pass a resolution that it is necessary to levy a tax in excess
      of the ten-mill limitation and to file such resolution with the board of elections for
      placement on the ballot, so long such certification of insufficiency has been
      properly adopted by the board of health and is otherwise lawful.
                                       April 2, 2001


William T. Winsley, R.Ph., M.S.
Executive Director
State Board of Pharmacy
77 South High Street, 17th Floor
Columbus, Ohio 43266-0320


SYLLABUS:                                                                 2001-014


       Pursuant to R.C. 3719.43 and 65 Fed. Reg. 13,235 (Mar. 13, 2000) (amending,
       inter alia, 21 C.F.R. §§ 1308.11(e) and 1308.13(c)), for purposes of Ohio law
       gammahydroxybutyrate (GHB) is a Schedule I controlled substance and FDA-
       approved drugs containing GHB are Schedule III controlled substances,
       notwithstanding the provisions of Am. H.B. 428, 123rd Gen. A. (1999) (eff. May
       17, 2000).
                                        April 2, 2001


G. Michael Payton, Acting Executive Director
Ohio Civil Rights Commission
1111 E. Broad Street, Suite 301
Columbus, Ohio 43205-1379


SYLLABUS:                                                                    2001-015


       A person may serve simultaneously as a member of the Ohio Civil Rights
       Commission and part-time special assistant to the assistant vice president of
       training and organization development at The Ohio State University, provided
       that as a Commission member he does not participate in any deliberations,
       discussions, negotiations, or votes relating to unlawful discriminatory practices
       by, or civil actions against, The Ohio State University.
                                        April 10, 2001


G. Michael Payton, Acting Executive Director
Ohio Civil Rights Commission
1111 E. Broad Street, Suite 301
Columbus, Ohio 43205-1379


SYLLABUS:                                                                   2001-016


       A person may serve simultaneously as a member of the Ohio Civil Rights
       Commission and full-time assistant director in the public utilities department of
       the City of Columbus, provided that as a Commission member he does not
       participate in any deliberations, discussions, negotiations, or votes relating to
       unlawful discriminatory practices by, or civil actions against, the City of
       Columbus or any of its agencies, departments, or offices.
                                        April 24, 2001


The Honorable Julia R. Bates
Lucas County Prosecuting Attorney
Lucas County Courthouse
Toledo, Ohio 43624-1680


SYLLABUS:                                                                      2001-017


      1.     Pursuant to R.C. 3709.21, a general health district has authority to adopt
             regulations that regulate or ban smoking in public places within the
             district, provided that the regulations are necessary to promote the public
             health, prevent or restrict disease, or prevent, abate, or suppress nuisances,
             and provided that the regulations are reasonable, nondiscriminatory, and
             not in conflict with provisions of statute or constitution.

      2.     R.C. 3791.031, which requires nonsmoking areas in places of public
             assembly, does not preempt a general health district from exercising such
             statutory authority as it may have under R.C. 3709.21 to regulate or ban
             smoking within its jurisdiction.

      3.     If a general health district acts pursuant to R.C. 3709.21 to regulate or ban
             smoking, the general health district cannot adopt a regulation that contains
             exceptions or opportunities for variances based upon factors other than the
             protection of the public health, the prevention or restriction of disease, or
             the prevention, abatement, or suppression of nuisances.
                                        May 18, 2001


The Honorable C. David Warren
Athens County Prosecuting Attorney
Athens County Court House
First Floor
Athens, Ohio 45701


SYLLABUS:                                                                    2001-018


      Pursuant to R.C. 4504.05, after the payment of costs and expenses, moneys
      received from an additional county motor vehicle license tax under R.C. 4504.15
      or a second additional county motor vehicle license tax under R.C. 4504.16 that
      arise from motor vehicles registered in unincorporated areas of the county must be
      allocated seventy per cent to the county and thirty per cent to the townships in
      which the owners of the motor vehicles reside. The county commissioners have
      no authority to modify that allocation.
                                       May 23, 2001


The Honorable W. Duncan Whitney
Delaware County Prosecuting Attorney
15 West Winter Street
Delaware, Ohio 43015


SYLLABUS:                                                                  2001-019


      If the board of county commissioners receives a request from the county board of
      mental retardation and developmental disabilities to seek an additional tax levy
      under R.C. 5705.19(L) and R.C. 5705.222, the board of county commissioners is
      not required to seek such levy, but may choose not to certify the question for
      placement on the ballot. Nonetheless, the board of county commissioners has a
      mandatory duty under R.C. 5126.05(G) to “levy taxes and make appropriations
      sufficient to enable the county board of mental retardation and developmental
      disabilities to perform its functions and duties.” (1988 Op. Att'y Gen. No. 88-
      096, approved and followed.)
                                       May 30, 2001


The Honorable Sherri Bevan Walsh
Summit County Prosecuting Attorney
53 University Avenue
Akron, Ohio 44308-1680


SYLLABUS:                                                                  2001-020


      Summit County charter, article X, which creates and prescribes the powers and
      duties of the Summit County audit committee and the department of internal
      auditing, vests no authority in that committee or department with respect to the
      Summit County Court of Common Pleas, probate division.
                                        June 19, 2001


The Honorable W. Duncan Whitney
Delaware County Prosecuting Attorney
15 West Winter Street
Delaware, Ohio 43015


SYLLABUS:                                                                     2001-021


      1.     The exception from the competitive bidding requirements of R.C. 307.86
             applicable to a purchase of the services of a professional engineer applies
             to a purchase of only those services that fall within the practice of
             engineering, as defined in R.C. 4733.01(D).

      2.     Unless a contract for the purchase of a particular service is expressly
             excepted by statute from the competitive bidding requirements of R.C.
             307.86, whether or not the contract is for the purchase of “personal
             services,” as described in State ex rel. Doria v. Ferguson, 145 Ohio St. 12,
             60 N.E.2d 476 (1945), a purchase of such services by or on behalf of a
             county or a county contracting authority at a cost in excess of fifteen
             thousand dollars is subject to the competitive bidding requirements of R.C.
             307.86.
                                        June 19, 2001


The Honorable C. Keith Plummer
Guernsey County Prosecuting Attorney
139 Court House Square
P.O. Box 640
Cambridge, Ohio 43725-0640


SYLLABUS:                                                                      2001-022


      1.     A board of county commissioners that has adopted an additional motor
             vehicle license tax pursuant to R.C. 4504.16 has the implied authority to
             repeal such tax.

      2.     In order to repeal a tax previously imposed pursuant to R.C. 4504.16, a
             board of county commissioners is not required to follow the same notice
             and hearing requirements to which it must adhere in adopting a resolution
             to levy such a tax, but is subject only to those statutory and administrative
             requirements that generally govern the conduct of its business. A
             resolution repealing a tax levied under R.C. 4504.16 is not subject to a
             referendum.
                                         June 19, 2001


The Honorable Gerald L. Heaton
Logan County Prosecuting Attorney
117 East Columbus Avenue, Suite 200
Bellefontaine, Ohio 43311-2053


SYLLABUS:                                                                       2001-023


      Transportation provided by a county board of mental retardation and
      developmental disabilities to a child who, in accordance with the child’s
      individualized education program, receives special education in an adult
      vocational education program provided by the board must comply with the
      provisions applicable to the transportation of schoolchildren, as set forth in 5 Ohio
      Admin. Code Chapter 3301-83 and 5 Ohio Admin. Code 3301-51-10.
                                           July 2, 2001


The Honorable Jonathan D. Blanton
Jackson County Prosecuting Attorney
350 Portsmouth Street, Suite 100
Jackson, Ohio 45640


SYLLABUS:                                                                    2001-024


      A board of county commissioners may not charge a public body administrative
      fees for costs incurred by the county auditor or treasurer, or for utility or rent
      expenses, unless there is express statutory authorization for the charge or
      authority implied from an express power. (1982 Op. Att’y Gen. No. 82-011,
      syllabus, paragraph 1, approved and followed.)
                                          July 16, 2001



The Honorable Gregory A. White
Lorain County Prosecuting Attorney
226 Middle Avenue, 4th Floor
Lorain, Ohio 44035


SYLLABUS:                                                                    2001-025


      Ohio Const. art. II, § 20 does not prohibit a township trustee or clerk, who is
      holding office at the time the board of township trustees adopts a resolution to
      provide health insurance benefits to township officers and employees, from
      receiving such benefits if he pays the entire amount of the premiums from his own
      financial resources.
                                        July 16, 2001



The Honorable Matthew P. Puskarich
Harrison County Prosecuting Attorney
Post Office Box 248
111 W. Warren Street
Cadiz, Ohio 43907


SYLLABUS:                                                                     2001-026


      1.     Pursuant to R.C. 311.01(F)(2), a county board of elections is responsible
             for determining whether, on particular facts, a person satisfies the
             qualifications specified in R.C. 311.01(B) for the office of county sheriff.

      2.     For purposes of R.C. 311.01(B)(8)(b), a village mayor is a law
             enforcement officer, as defined in R.C. 2901.01(A)(11), vested with duties
             related to the enforcement of statutes, ordinances, and codes. Whether a
             village mayor is employed as a law enforcement officer on a “full-time”
             basis, as is required by R.C. 311.01(B)(8)(b), presents a question of fact
             that must be resolved on a case-by-case basis by a county board of
             elections.

      3.     A village mayor is not a “peace officer,” as defined in R.C. 109.71(A), for
             purposes of R.C. 311.01(B)(8)(a).

      4.     A village mayor is not a “peace officer,” as defined in R.C. 109.71(A), for
             purposes of R.C. 311.01(B)(9)(a).

      5.     An administrative judge of a court of common pleas is not authorized to
             certify to the county board of elections that a candidate for the office of
             county sheriff satisfies the qualifications set forth in R.C. 311.01.
                                          July 16, 2001


The Honorable Michael K. Allen
Hamilton County Prosecuting Attorney
William Howard Taft Building
230 East Ninth Street, Suite 4000
Cincinnati, Ohio 45202-2151


SYLLABUS:                                                                   2001-027


      A person who is appointed as an assistant prosecuting attorney for the exclusive
      purpose of handling criminal cases pending before the appellate courts may serve
      simultaneously as a township trustee within the same county, regardless of
      whether the township has adopted a limited home rule government pursuant to
      R.C. Chapter 504. However, as township trustee, he may not participate in any
      deliberations, discussions, negotiations, or votes concerning the township’s
      employment of an attorney other than the prosecuting attorney, the township’s
      employment of the prosecuting attorney as township law director, or the exercise
      of enforcement powers by the prosecuting attorney, as township law director,
      under R.C. 504.08. (1988 Op. Att’y Gen. No. 88-049, clarified; 1983 Op. Att’y
      Gen. No. 83-030; 1971 Op. Att’y Gen. No. 71-037; 1963 Op. Att’y Gen. No. 25,
      p. 113; 1957 Op. Att’y Gen. No. 1380, p. 715, questioned.)
                                         July 23, 2001


The Honorable James B. Grandey
Highland County Prosecuting Attorney
100 S. S. High Street, Suite 201
Hillsboro, Ohio 45123


SYLLABUS:                                                                       2001-028


      1.     A county prosecuting attorney is not the legal adviser of the board of a
             joint township hospital district, even where the district is composed solely
             of townships located within the county served by the prosecuting attorney.
             (1960 Op. Att'y Gen. No. 1234, p. 205, overruled in part.)

      2.     A county prosecuting attorney may advise the township trustees from his
             county who serve on a joint township district hospital board regarding
             their duties, as township trustees, on matters that relate to the activities of
             the joint township hospital district. The county prosecuting attorney has
             no authority, however, to advise these trustees or other members of the
             joint township district hospital board as to any and all matters before the
             board.

      3.     The board of a joint township hospital district has the implied authority to
             employ legal counsel in order to carry out its statutory duties.

      4.     A county prosecuting attorney is not the legal adviser of the board of
             hospital governors of a joint township district hospital. The board of
             hospital governors has the implied authority, however, to employ legal
             counsel in order to carry out its statutory duties. (1960 Op. Att'y Gen. No.
             1234, p. 205, approved and followed in part.)
                                        July 24, 2001


Pernel Jones, Sr., Secretary/Treasurer
Board of Embalmers and Funeral Directors
77 South High Street, 16th Floor
Columbus, Ohio 43266-0313


SYLLABUS:                                                                      2001-029


      1.     A licensed life insurance agent who is not licensed as a funeral director
             pursuant to R.C. Chapter 4717 and who provides a person with general
             price lists of funeral services and goods available from several funeral
             homes does not violate R.C. 4717.13(A)(1) or (3) when he sells that
             person a life insurance policy with a face amount of five thousand dollars.

      2.     A licensed life insurance agent who is not licensed as a funeral director
             pursuant to R.C. Chapter 4717 does not violate R.C. 4717.13(A)(1) or (3)
             when he sells a person a life insurance policy the benefits of which are
             payable to a funeral home for the payment of the estimated cost of a
             funeral calculated by referring to the funeral home’s general price list.

      3.     A licensed life insurance agent who is not licensed as a funeral director
             pursuant to R.C. Chapter 4717 does not violate R.C. 4717.13(A)(1) or (3)
             when he contacts a licensed funeral director and informs the funeral
             director that the agent has sold a person a life insurance policy, the
             benefits of which are payable to the funeral home, for the estimated cost of
             a funeral that is calculated by referring to the funeral home’s general price
             list.

      4.     A licensed life insurance agent who is not licensed as a funeral director
             pursuant to R.C. Chapter 4717 and who is employed by or affiliated with a
             funeral home violates R.C. 4717.13(A)(1) when he negotiates, prepares,
             and sells on behalf of the funeral home a preneed funeral contract for
             funeral services and goods.
                                        July 25, 2001


Greg Moody, Interim Director
Ohio Department of Job and Family Services
30 East Broad Street
Columbus, Ohio 43266-0423


SYLLABUS:                                                                      2001-030


      1.     Questions of venue are judicially determined. Whether venue is proper in
             particular circumstances is subject to determination in light of the facts of
             a specific case and cannot be determined by an opinion of the Attorney
             General.

      2.     Criminal prosecution of a person who passed a bad check to Child Support
             Payment Central in violation of R.C. 2913.11 may be brought in a court
             with subject matter jurisdiction in any location that has sufficient
             connection with the offense, as provided in R.C. 2901.12. Depending
             upon the circumstances and consistent with prosecutorial discretion, those
             locations might include both the county in which the check was written
             and the county in which the check was received by Child Support Payment
             Central.
                                         July 25, 2001


The Honorable Kevin J. Baxter
Erie County Prosecuting Attorney
247 Columbus Avenue, Suite 319
Sandusky, Ohio 44870-2636


SYLLABUS:                                                                      2001-031


       Absent express statutory authorization, a board of supervisors of a soil and water
       conservation district may not make purchases for the district by means of a credit
       card.
                                         July 25, 2001


William N. Wilcox, Executive Director
State Board of Examiners of Architects
77 South High Street, 16th Floor
Columbus, Ohio 43266-0303


SYLLABUS:                                                                      2001-032


       1.     R.C. 3791.04(A) and 9 Ohio Admin. Code 4101:2-1-20(B) mandate that
              certain documents submitted to a certified municipal, township, or county
              building department for approval bear the seal of either an architect
              registered under R.C. Chapter 4703 or an engineer registered under R.C.
              Chapter 4733. When documents prepared by an architect are submitted to
              a certified municipal, township, or county building department pursuant to
              R.C. 3791.04, the documents must bear a seal that meets the criteria
              established by 11 Ohio Admin. Code 4703-3-01. (1984 Op. Att’y Gen.
              No. 84-100 and 1972 Op. Att’y Gen. No. 72-012, modified on the basis of
              legislative change.)

       2.     Within the limits imposed by law, certified municipal, township, and
              county building departments may determine which staff members
              administer the seal requirement of R.C. 3791.04(A) and the manner in
              which the requirement is implemented.

       3.     Pursuant to R.C. 3791.03, R.C. 3791.04, R.C. 4703.18(A), R.C. 4703.19,
              and R.C. 4703.99(A), fines may be imposed for violations of R.C. 3791.04
              and criminal charges may be brought for the unauthorized practice of
              architecture. In appropriate circumstances, other legal proceedings may
              be available.

       4.     The State Board of Examiners of Architects has authority to revoke or
              suspend certificates or to otherwise discipline licensees who fail to comply
              with statutes and rules governing the profession of architecture, including
              provisions relating to architects’ seals.
                                        July 26, 2001


The Honorable Kevin J. Baxter
Erie County Prosecuting Attorney
247 Columbus Avenue, Suite 319
Sandusky, Ohio 44870-2636


SYLLABUS:                                                                   2001-033


       1.     The type of program a veterans service commission has a duty to establish
              under R.C. 5901.03(E) is a program that makes a systematic attempt,
              working together with other agencies, to increase available services
              specifically to veterans within the county.

       2.     A program founded by an agency or entity other than a veterans service
              commission is not a program established by a veterans service commission
              for purposes of R.C. 5901.03(E). Pursuant to R.C. 5901.03(E), however, a
              veterans service commission may establish a program in which it works
              with or coordinates its efforts with those of another agency in order to
              increase the availability of services to veterans within the county.

       3.     R.C. 5901.03(E) does not authorize a veterans service commission to
              donate its funds to a veterans organization or any other agency.
                                                   July 26, 2001


The Honorable William R. Swigart
Fulton County Prosecuting Attorney
123 Courthouse Plaza
Wauseon, Ohio 43567


SYLLABUS:                                                                      2001-034


      A clerk-treasurer of a school district free public library, who is not a member of
      the library’s board of trustees, may also serve as the library’s assistant director.
                                       August 24, 2001


Chester Partyka, Chairman
Counselor and Social Worker Board
77 S. High Street, 16th Floor
Columbus, Ohio 43266-0340


SYLLABUS:                                                                      2001-035


      R.C. 2151.421(A) does not impose upon a professional counselor or social worker
      licensed under R.C. Chapter 4757 the duty to report knowledge or suspicion of
      child abuse of an individual if, when the professional counselor or social worker
      learns of the child abuse, the individual no longer is a child under eighteen years
      of age or a mentally retarded, developmentally disabled, or physically impaired
      child under twenty-one years of age. However, if information provided to a
      professional counselor or social worker who is acting in an official or professional
      capacity gives that person reason to know or suspect that an individual who
      currently is a child is at risk of child abuse, R.C. 2151.421(A) requires that such
      knowledge or suspicion be reported.
                                       August 27, 2001


The Honorable James J. Mayer, Jr.
Richland County Prosecuting Attorney
38 South Park, Second Floor
Mansfield, Ohio 44902


SYLLABUS:                                                                       2001-036


      A member of the legislative authority of the Village of Plymouth may serve
      simultaneously as a corrections officer at the Mansfield Correctional Institution,
      provided he does not participate in any deliberations, discussions, negotiations, or
      votes concerning a contract to provide fire protection or emergency medical
      services to the correctional institution or the housing of state prisoners in the
      village’s jail or workhouse, the buying of crops from, or the leasing of land to, the
      correctional institution, or the submission of a proposal to the Department of
      Rehabilitation and Correction for the construction of a correctional facility within
      the village.
                                        August 27, 2001


Reginald A. Wilkinson, Director
Department of Rehabilitation and Correction
1050 Freeway Drive North
Columbus, Ohio 43229


SYLLABUS:                                                                      2001-037


       R.C. 9.83 does not confer immunity from civil liability upon a parole officer who
       uses his own motor vehicle to transport a parolee for the Department of
       Rehabilitation and Correction. However, before a person may commence a civil
       action against a parole officer for an injury, death, or loss to person or property
       from the parole officer’s use of his own motor vehicle to transport a parolee for
       the Department of Rehabilitation and Correction, a civil action must first be filed
       in the Court of Claims against the State of Ohio under R.C. 2743.16(B). In such
       an action, the State of Ohio may be subject to vicarious liability for the parole
       officer’s acts while operating his own motor vehicle.
                                      September 5, 2001


The Honorable William E. Peelle
Clinton County Prosecuting Attorney
103 East Main Street
Wilmington, Ohio 45177


SYLLABUS:                                                                   2001-038


       1.     Members of a county veterans service commission are “officers” for
              purposes of Ohio Const. art. II, § 20. Therefore, a member of a veterans
              service commission, who is holding office at the time the board of county
              commissioners increases the compensation for that position, is prohibited
              from receiving such increase for the duration of his term.

       2.     The members of a county veterans service commission, who are serving at
              the time the compensation for such position is increased by the board of
              county commissioners, may not receive such increase by resigning and
              being re-appointed to the commission by a judge of the common pleas
              court. They may receive such increase upon their reappointment to the
              commission only after the expiration of the term they were serving when
              the increase was adopted.
                                      October 1, 2001


The Honorable Jim Slagle
Marion County Prosecuting Attorney
133½ E. Center Street
Marion, Ohio 43302-3801


SYLLABUS:                                                                   2001-039


      1.     A family or household member, as defined in R.C. 2919.25(E)(1), who
             administers corporal punishment to a child may be arrested and detained
             for the offense of domestic violence under R.C. 2919.25(A) when the
             punishment exceeds that which is reasonable and proper under the
             circumstances, even though the person’s conduct falls short of that
             required to sustain an arrest and detention for the offense of endangering
             children under R.C. 2919.22(B)(3).

      2.     The General Assembly has not identified in R.C. 2935.03(B) the reasons a
             peace officer may consider for not arresting and detaining a person the
             officer has reasonable grounds to believe committed the offense of
             domestic violence. Rather, pursuant to R.C. 2935.032, the policy adopted
             by an agency, instrumentality, or subdivision to implement the domestic
             violence arrest provisions must set forth examples of reasons a peace
             officer may consider for not arresting and detaining a person in that
             situation.
                                       October 1, 2001


The Honorable James J. Mayer, Jr.
Richland County Prosecuting Attorney
38 South Park, Second Floor
Mansfield, Ohio 44902


SYLLABUS:                                                                      2001-040


      A person who is appointed as an assistant prosecuting attorney to prosecute
      criminal cases in the court of common pleas may serve simultaneously as a
      member of a board of health of a combined general health district created
      pursuant to R.C. 3709.07 or R.C. 3709.071, provided that as an assistant
      prosecuting attorney he does not represent or serve as legal counsel for the board
      of health, serve in place of the prosecuting attorney on the county budget
      commission that reviews and approves the annual budget of the board of health,
      or participate in the prosecution or other resolution of any criminal cases referred
      to the prosecuting attorney by the board of health. In addition, as a member of the
      board of health he may not participate in deliberations, discussions, negotiations,
      or votes concerning the board of health’s employment of legal counsel to enforce
      R.C. 3734.01-.13, and rules, orders, and terms and conditions of permits, licenses,
      and        variances        adopted        or       issued              thereunder.
                                      October 10, 2001

William T. Winsley M.S., R.Ph.
Executive Director
State Board of Pharmacy
77 South High Street, 17th Floor
Columbus, OH 43266-0320

Laura Tiberi
Executive Administrator
State Board of Emergency Medical Services
Department of Public Safety
1070 W. Broad Street
P.O. Box 182073
Columbus, OH 43218-2073


SYLLABUS:                                                                     2001-041


       1.     Information on a run sheet created and maintained by a county emergency
              medical services (EMS) organization that documents medication or other
              treatment administered to a patient by an EMS unit, diagnostic procedures
              performed by an EMS unit, or the vital signs and other indicia of the
              patient’s condition or diagnosis satisfies the “medical records” exception
              of R.C. 149.43(A)(1)(a), and thus is not a “public record” that must be
              released to the public pursuant to R.C. 149.43(B). (1999 Op. Att'y Gen.
              No. 99-006, approved and followed.)

       2.     Information on a run sheet created and maintained by a county emergency
              medical services organization that documents medication or other
              treatment administered to a patient by an EMS unit, diagnostic procedures
              performed by an EMS unit, or the vital signs and other indicia of the
              patient’s condition or diagnosis, and is relied upon by a physician for
              diagnostic or treatment purposes, is a communication covered by the
              physician-patient testimonial privilege of R.C. 2317.02(B), and thus is
              confidential information, the release of which is prohibited by law for
              purposes of R.C. 149.43(A)(1)(v). (1996 Op. Att'y Gen. No. 96-005 and
              1999 Op. Att'y Gen. No. 99-006, approved and followed.) If a physician
              authorizes an emergency medical technician (EMT) to administer a drug
              or perform other emergency medical services, documentation of the
              physician’s authorization and administration of the treatment or procedure
              by the EMS unit may also fall within the physician-patient testimonial
              privilege.
3.   A written protocol, developed pursuant to R.C. 4765.41, without reference
     to a particular patient, for use by emergency squad personnel in cases
     where communication with a physician is not possible and the patient’s
     life is in danger, does not establish, for purposes of R.C. 149.43(A)(1)(v),
     a physician-patient testimonial privilege between the physician who
     prepared the protocol and a patient who is treated by an EMS unit
     pursuant to that protocol, where there is no further communication by the
     EMS unit with the physician about the condition or treatment of the
     patient.

4.   If an EMS unit administers a controlled substance to a patient, the
     patient’s name and address documented on the run sheet will, pursuant to
     11 Ohio Admin. Code 4729-9-14(A)(3) (Supp. 2000-2001), be deemed to
     meet a portion of the record keeping requirements of R.C. 3719.07, and
     thus will be confidential under the terms of R.C. 3719.13, if the run sheet
     becomes a permanent part of the patient’s medical record. However,
     information on the run sheet that pertains to the administration of a drug
     that is not a controlled substance is not required by R.C. 3719.07 or other
     provision of R.C. Chapter 3719, and thus does not fall within the
     confidentiality requirements of R.C. 3719.13.
                                      November 26, 2001


The Honorable J. Kenneth Blackwell
Secretary of State
180 East Broad Street, 16th floor
Columbus, Ohio 43215


SYLLABUS:                                                                       2001-042


      Pursuant to Article II, § 1g of the Ohio Constitution, in the event that a
      referendum petition or the signatures thereon have been proven, more than forty
      days prior to the election on which such referendum would be submitted to the
      voters, to be insufficient in any way, including failure to include a sufficient
      number of signatures as required by Ohio Const. art. II, § 1c or Ohio Const. art. II,
      § 1g, the petitioners are entitled to an additional ten days in which to gather
      additional signatures. (1950 Op. Att’y Gen. No. 1419, p. 67 (syllabus, paragraph
      three), questioned.)
                                     December 18, 2001


The Honorable Alan R. Mayberry
Wood County Prosecuting Attorney
One Courthouse Square
Bowling Green, Ohio 43402-2431


SYLLABUS:                                                                     2001-043


      1.     School districts and educational service centers are political subdivisions
             as defined in R.C. 2744.01(F).

      2.     School districts and educational service centers are authorized by R.C.
             2744.08 and R.C. 2744.081 to enter into self-insurance programs or joint
             self-insurance pools.

      3.     Existing statutes permit school districts and educational service centers to
             procure the liability coverage prescribed by R.C. 3313.201, R.C.
             3313.203, and R.C. 3327.09 by means of self-insurance programs or joint
             self-insurance pools, rather than by purchasing insurance policies from
             insurance companies.

				
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