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2021 Op. Ohio Att'y Gen. [i] (2021)

handle is hein.sag/sagoh0167 and id is 1 raw text is: January 8, 2021

The Honorable Kevin J. Baxter
Erie County Prosecuting Attorney
247 Columbus Avenue, Suite 319
Sandusky, Ohio 44870
SYLLABUS:                                2021-001
1.    An elected county official may not spend
more on employee salaries than the
board    of   county    commissioners
appropriates for that purpose. The only
exception is an excess salary expenditure
ordered by a court of common pleas,
which must be honored, unless the board
of commissioners can prove that the
expenditure   is  unreasonable    and
unnecessary.
2.    A county auditor has a duty to question
all doubtful claims. In addition, a
county auditor has a duty to deny or
withhold payment of invalid warrants
when money has not been properly
appropriated in the county treasury.
This duty applies to warrants involving
payroll  transmittal    amounts    for
employee compensation presented by a
county appointing authority.
3.    Should a county auditor process a payroll
transmittal amount in excess of the set
appropriation  amount,   the   county
auditor may be subject to potential
liability for issuing a warrant in violation
of R.C. 5705.45 and for failing to perform
duties under R.C. 319.16.
4.    Elected county officials must comply
with the FLSA in all cases where it
applies,  even  if its   requirements
contradict the requirements of state law.

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