Chapter 117-5 Counties

117-5-01 Chart of accounts-counties. [Rescinded.].

Rescinded eff 1-23-06

117-5-02 Appropriation measures.

The county commissioners, or in counties that have adopted a charter pursuant to article X of the Ohio Constitution and Chapter 302. of the Revised Code the county council, shall adopt appropriation measures. These measures establish the legal level of control.

The legal level of control is the level (e.g., fund, program or function, department, object level) at which spending in excess of budgeted amounts would be a violation of law. This is established by the level at which the legislative body appropriates, and must meet or exceed the level prescribed by section 5705.38 of the Revised Code.

Five Year Review (FYR) Dates: 11/06/2015 and 11/06/2020
Promulgated Under: 117.20
Statutory Authority: 117.43
Rule Amplifies: 117.43
Prior Effective Dates: 1/1/2001

117-5-03 Filing affidavit of failure of performance of county auditor.

(A) If a county auditor purposely, knowingly, or recklessly fails to perform a fiscal duty expressly imposed by law, with respect to the fiscal duties of the office of county auditor, or purposely, knowingly, or recklessly commits any act expressly prohibited by law, with respect to the fiscal duties of the office of county auditor, the county treasurer of the county or a county commissioner of the county may submit a sworn affidavit alleging the violation, together with evidence supporting the allegations to the auditor of state. Any person who knowingly makes a false statement in such a sworn affidavit is guilty of falsification under section 2921.13 of the Revised Code, a felony of the third degree.

(B) The sworn affidavit and evidence shall be submitted to the office of the auditor of state in the following form and manner:

"AFFIDAVIT (Type or print full name)

The undersigned, being ______ the treasurer or ______ a county commissioner of ________________________ County, Ohio, hereby states as follows:

That, _________________________________ , the auditor of said county has purposely, knowingly, or recklessly failed to perform a fiscal duty expressly imposed by law, with respect to the fiscal duties of the office of county auditor, or has purposely, knowingly, or recklessly committed any act expressly prohibited by law, with respect to the fiscal duties of the office of county auditor.

The facts constituting the purposeful, knowing, or reckless failure of the said county auditor to perform a fiscal duty expressly imposed by law, with respect to the fiscal duties of the office of county auditor, or of the said county auditor's purposeful, knowing, or reckless commission of any act expressly prohibited by law, with respect to the fiscal duties of the office of county auditor, are as follows:

__________________________________________ Add additional pages as may be necessary.

Evidence supporting the foregoing allegations is as follows:

__________________________________________ Add additional pages as may be necessary.

BY SIGNING BELOW, YOU ARE SWEARING TO THE TRUTH OF THE ALLEGATION(S) AND THE AUTHENTICITY OF ALL DOCUMENTS AND EXHIBTS WHICH ARE DEEMED INCORPORATED HEREIN. ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT IN SUCH AN AFFIDAVIT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE OHIO REVISED CODE, A FELONY OF THE THIRD DEGREE.

________________________________________________________

SIGNATURE OF AFFIANT

Date: _______________________________________

TO CONSTITUTE A VALID COMPLAINT, THIS AFFIDAVIT MUST BE SIGNED BEFORE A NOTARY PUBLIC. FAILURE TO SIGN AND TO INCLUDE A PROPERLY COMPLETED JURAT (BELOW) WILL RESULT IN THE IMMEDIATE DISMISSAL OF THE COMPLAINT.

STATE OF OHIO )

_______________ ) ss:

_______ COUNTY )

Before me, a Notary Public, in and for said county and state, personally appeared the Affiant identified above who, after having been first duly sworn pursuant to law, executed the foregoing document, and averred that the same was his own free act and deed, and that the content thereof is true to the best of his knowledge, understanding, and belief.

________________________________________________________

NOTARY PUBLIC

My Commission Expires:"

(C) Any such affidavit, together with any supporting evidence accompanying the same, shall be delivered to the offices of the auditor of state in Columbus, Ohio, or forwarded to the auditor of state at said office, via certified United States mail with return receipt requested, postage prepaid. The effective receipt of any such affidavit and any supporting evidence accompanying the same shall be the date of actual delivery to and receipt by the auditor of state.

Effective: 11/16/2015
Five Year Review (FYR) Dates: 11/16/2020
Promulgated Under: 117.20
Statutory Authority: 117.43, 117.45
Rule Amplifies: 117.43, 117.45

117-5-04 Filing affidavit of failure of performance of county treasurer.

(A) If a county treasurer purposely, knowingly, or recklessly fails to perform a fiscal duty expressly imposed by law, with respect to the fiscal duties of the office of county treasurer, or purposely, knowingly, or recklessly commits any act expressly prohibited by law, with respect to the fiscal duties of the office of county treasurer, the county auditor of the county or a county commissioner of the county may submit a sworn affidavit alleging the violation, together with evidence supporting the allegations to the auditor of state. Any person who knowingly makes a false statement in such a sworn affidavit is guilty of falsification under section 2921.13 of the Revised Code, a felony of the third degree.

(B) The sworn affidavit and evidence shall be submitted to the office of the auditor of state in the following form and manner:

"AFFIDAVIT (Type or print full name)

The undersigned, being ______ the auditor or ______ a county commissioner of ________________________ County, Ohio, hereby states as follows:

That, _________________________________ , the treasurer of said county has purposely, knowingly, or recklessly failed to perform a fiscal duty expressly imposed by law, with respect to the fiscal duties of the office of county treasurer, or has purposely, knowingly, or recklessly committed any act expressly prohibited by law, with respect to the fiscal duties of the office of county treasurer.

The facts constituting the purposeful, knowing, or reckless failure of the said county treasurer to perform a fiscal duty expressly imposed by law, with respect to the fiscal duties of the office of county treasurer, or of the said county treasurer's purposeful, knowing, or reckless commission of any act expressly prohibited by law, with respect to the fiscal duties of the office of county treasurer, are as follows:

__________________________________________ Add additional pages as may be necessary.

Evidence supporting the foregoing allegations is as follows:

__________________________________________ Add additional pages as may be necessary.

BY SIGNING BELOW, YOU ARE SWEARING TO THE TRUTH OF THE ALLEGATION(S) AND THE AUTHENTICITY OF ALL DOCUMENTS AND EXHIBTS WHICH ARE DEEMED INCORPORATED HEREIN. ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT IN SUCH AN AFFIDAVIT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE OHIO REVISED CODE, A FELONY OF THE THIRD DEGREE.

________________________________________________________ SIGNATURE OF AFFIANT

Date: _______________________________________

TO CONSTITUTE A VALID COMPLAINT, THIS AFFIDAVIT MUST BE SIGNED BEFORE A NOTARY PUBLIC. FAILURE TO SIGN AND TO INCLUDE A PROPERLY COMPLETED JURAT (BELOW) WILL RESULT IN THE IMMEDIATE DISMISSAL OF THE COMPLAINT.

STATE OF OHIO )

_______________ ) ss:

_______ COUNTY )

Before me, a Notary Public, in and for said county and state, personally appeared the Affiant identified above who, after having been first duly sworn pursuant to law, executed the foregoing document, and averred that the same was his own free act and deed, and that the content thereof is true to the best of his knowledge, understanding, and belief.

________________________________________________________

NOTARY PUBLIC

My Commission Expires:"

(C) Any such affidavit, together with any supporting evidence accompanying the same, shall be delivered to the offices of the auditor of state in Columbus, Ohio, or forwarded to the auditor of state at said office, via certified United States mail with return receipt requested, postage prepaid. The effective receipt of any such affidavit and any supporting evidence accompanying the same shall be the date of actual delivery to and receipt by the auditor of state.

Effective: 11/16/2015
Five Year Review (FYR) Dates: 11/16/2020
Promulgated Under: 117.20
Statutory Authority: 117.43, 117.45
Rule Amplifies: 117.43, 117.45