OPINIONS

OF THE

ATTORNEY GENERAL

OF

OHIO.:

FOR THE.

PERIOD. FROM JANUARY 4, 1963

Pages 1-680 l:~dex 681-~9':I · Opinio~s 35 1:e~3548. . \ . . 3-·753

Columbus Blank Book Company Columbus, 43207 1966 Bound by the State of Ohio ATTORNEYS GENERAL OF OHIO

HENRY STANBERY ...... 1846-1851 JOSEPH McCORMICK ...... 1851-1852 GEORGE E. PUGH ...... 1852-1854 GEORGE W. McCOOK ...... 1854-1856 FRANCIS D. KIMBALL ...... 1856-1857 C. P. WOLCOTT ...... 1857-1861 JAMES MURRAY ...... 1861-1863 LYMAN R. CRITCHFIELD ...... 1863-1865 WILLIAM P. RICHARDSON ...... 1865- CHAUNCEY N. OLDS .. .1865-1866 WILLIAM H. WEST ... .1866-1870 FRANCIS B. BOND ...... 1870-1874 JOHN LITTLE ...... 1874-1878 ...... 1878-1880 GEORGE K. NASH ...... 1880-1883 D. A. HOLLINGSWORTH .... .1883-1884 JAMES LAWRENCE .1884-1886 JACOB KOHLER ...... 1886-1888 DAVID K. WATSON ..1888-1892 JOHN K. RICHARDS ...... 1892-1896 F. S. MONNETT .. 1896-1900 J.M. SHEETS ...... 19~19M WADE H. ELLIS ...... 1904-1908 U. G. DENMAN ...... 1908-1911 TIMOTHY S. HOGAN .. 1911-1915 EDWARD C. TURNER ..... 1915-1917 JOSEPH McGHEE ...... 1917-1919 JOHN G. PRICE ...... 1919-1923 C. C. CRABBE ...... 1923-1927 EDWARD C. TURNER ...... 1927-1929 ...... 1929-1933 JOHN W. BRICKER ...... 1933-1937 HERBERT S. DUFFY ...... 1937-1939 THOMAS J. HERBERT ...... 1939-1945 HUGH S. JENKINS ...... 1945-1949 HERBERT S. DUFFY .1949-1951 C. WILLIAM O'NEILL ...... 1951-1957 WILLIAM B. SAXBE ...... 1957-1959 MARK McELROY ...... 1959-1963 WILLIAM B. SAXBE ...... 1963-

V STAFF OF THE OFFICE OF THE ATTORNEY GENERAL

William B. Saxbe ...... Attorney Ge¥ral Gerald A. Donahue ...... First Assistant Attorney General Larry H. Snyder ...... Chief Counsel Perry J. Bailes ...... Assistant,, Attorney,, General.,, William C. Baird ...... ,, ,, ,, Floyd A. Banker ...... ,, ,, ,, Dale E. Barnard ...... ,, ,, ,, John R. Barrett ...... ,, ,, ,, Allen J. Bartunek ...... ,, ,, ,, Robert A. Batross...... ,, ,, ,, Herd L. Bennett ...... ,, ,, ,, Leonard Berkley ...... ,, ,, ,, Jacob J. Boesel ...... ,, ,, ,, H. William Bowers ...... ,, ,, ,, Robert E. Boyd ...... ,, ,, ,, David A. Bradley ...... ,, ,, ,, Larry G. Brake ...... ,, ,, ,, William R. Brofman ...... ,, ,, ,, Charles A. Brown ...... ,, ,, ,, William W. Brown ...... ,, ,, ,, Lillian W. Burke ...... ,, ,, • Paul A. Burson ...... ,, ,, ,, Lloyd W. "Burwell ...... : ,, ,, ,, Thomas H. Busch . : ...... ,, ,, ,, George L. ·Carpenter ...... ,, ,, ,, Craig Carnes ...... ,, ,, ,, John 0. Celusta ...... ,, ,, ,, E. Donna Cherrill ...... ,, ,, ,, Bernard T. Chupka ...... ,, ,, ,, John Cianflona ...... ,, ,, ,, William A. Clark ...... ,, ,, ,, Clifford R. Cloud ...... ,, ,, ,, Donald M. Colasurd ...... ,, ,, ,, John R. Cole ...... ,, ,, ,, William M. Collins ...... ,, ,, ,, John J. Connors, Jr...... ,, ,, ,, Pierce E. Cunningham ...... ,, ,, ,, William L. Curtice, Jr ...... ,, ,, ,, Donald A. DeCessna ...... ,, ,, ,, Anthony M. DeJute ...... ,, ,, ,, David B. Dickson ...... ,, ,, ,, Allen D. Dobnicker ...... ,, ,, ,, Marshall B. Douthett ...... ,, ,, ,, Robert M. Duncan ...... ,, ,, ,, Eagleton F. Dunn...... ,, ,, ,, James M. Dunphy ...... ,, ,, ,, Winifred A. Dunton ...... VII ,, Hubert C. Dutro, J-r...... ",, ,, ",, Chester R. Early ...... ,, ,, ,, Richard D. Eisenberg ...... ,, ,, John 0. England ...... ,, Eugene P. Everhart ...... ,," " ,," Angelo A. Fanelly ...... ,, ,," Jay C. Flowers ...... " Frederick D. Freed ...... " " " Don E. Fuller ...... " " " John A. Galbraith ...... " " " James S. Gallas ...... " " " Frank J. Galownia ...... ,," ",, " Don R. Gardner ...... ,, ,, " Ralph C. Godwin ...... ,, " Paul J. Gnau ...... ,, ,," " Ted R. Greiner ...... ,, " Kenneth S. Hampton ...... " " Alfred F. Hansen ...... " " " William T. Hayes ...... " ,," " Bernard L. Heffernan ...... " " Donald A. Hertlein ...... " " " Thomas Hess ...... ,," " " Theodore K. High ...... ,, ",, " Clair P. Hoffman ...... ,, ,, ,," Walter J. Howdyshell ...... ,, ,, ,, Thomas C. Hughes ...... ,, Bart R. Hynes ...... ,," ,, " Sewall F. Jackson ...... ,, " Donald L. Jones ...... " ,, ,," J. Newton Jones ...... " ,, Edwin C. Johnston ...... ,," " Harry N. Kandel ...... ,, " " Thomas J. Keenan ...... ,, " " David L. Kessler ...... ,, " " Herman F. Klein ...... ,, " " Charles F. Knapp ...... ,, ,," " Harold A. Knouff ...... ,, ",, Vincent P. Korey ...... " ,, Victor S. Krupman ...... " ",, ,, Thomas W. Lane ...... ,," Bruno Lang ...... ,, ,," " Duane Lantz ...... ,, " Louis R. Lanza ...... " " Walter M. Lawson, Jr...... ,," " " Andrew Lee, Jr...... ,, " " William L. Leonard ...... ,, ,," " Harry Lewis ...... ,, " Edgar L. Lindley ...... ,, ,, ,, ,, ,, John R. Lindsey ...... VIII J. Richard Lumpe ...... " ",, " Eli Manos ...... " ,, " C. Richard Marsh ...... " ",, Paul Marshall ...... ,," " ,, Joseph M. Masters ...... ,, " George E. Mastics ...... ",, " Francis V. May ...... " ,, ,," John F. Mcllargey ...... ",, Francis C. McNally ...... " " Marvin Melamed ...... " ,, Russel S. Milanick ...... " " Joseph C. Morehart ...... " ,," " David E. Morgan ...... " ,, " Thomas S. Moulton ...... " ,, " Valla B. Mowery, Jr...... " ,, " Edward R. Ostrander ...... " ",, James L. Ostrander ...... " " Robert B. Oglesby ...... " " Edward R. Patton ...... " ",, ",, Harry R. Paulino ...... " ,, John E. Peck ...... " ,, " Robert J. Perry ...... " ,, " Frank J. Petsche ...... " ,, " Ferd M. Pickens ...... " " Joseph J. Pisarro ...... " ,," ,," Joseph J. Poorman ...... " ,, William D. Radcliff ...... " " James E. Rattan ...... " ,," " Clark G. Redick ...... ,, ,, Arthur J. Reid, Jr...... " " " Fred G. Reiners ...... " " " I. Charles Rhoads ...... ,," " " Jerry L. Riseling ...... ,," " Shearl J. Roberts ...... " " William A. Rogers, Jr...... ",, " " Myron S. Rudd ...... ,, " ,," Terrence M. Scherrer ...... " Edward L. Sepessy ...... " " " Clarence L. Sharpe ...... " " " Franklin Sheeter ...... " " " William H. Smith ...... " " " Henry R. Snyder ...... " " " Morris M. Sokolsky ...... " " ,," Socrates J. Space ...... " ,, " Leo P. Stark ...... " " Stephen J. Takacs ...... " " " Harold B. Talbott ...... " " " Daronne R. Tate ...... , .. " " " Charles J. Tekulve ...... " " " IX ,: .. Mell G. Underwood, Jr. . . . . ,, John D. Valentine ...... " " Alvin C. Vinopal ...... " " " George V. Voinovich ...... ,." " " John J. Waldeck ...... " " Jerry Weiner ...... " " " Neva H. Wertz ...... " " " Joanne Wharton ...... " ,," " Frederic E. Whitker ...... " " Robert H. Whitney· ...... ,," " " George L. Widican ...... ". " Glen A. Williams ...... " " " Robert N. Wistner ...... " " " Paul T. Zellers ...... ,," " " Jon A. Ziegler ...... " "

X INDEX

References are to 1963 Opinion numbers.

ABATEMENT, CERTIFICATE APPORTIONMENT OF-See TAXATION, at Tax funds, county commissioners 748 Certificate of abatement.

AGRICULTURAL SOCIETY ATOMIC ENERGY Fairgrounds leased, exploration, Coordinator development 720 Vacation, unused, compensation 20 Gas and oil lease 720 Oil and gas lease 720 ATTORNEY AT LAW Assigned, prosecution by AIRPORT information 105 Agency, bi-county, legal adviser 95 Waiver by defendant 448 Bi-county legal adviser 95 Concession 3530 County construction 3530 AUDITOR Lease, county to private party 3530 County Lease, of space 363 Compatibility with township Overtime, premium pay, hospital district board emergency 106 member 565 Restaurant, lease 363 Easement for highway purposes 484 Penalty, tax 753 Property leased for private AIRPORT AUTHORITY parking, assessment 446 Airport zoning board 449 County Hazard regulations, military Tax assessment, cancellation 3520 airport 449 Tax penalty 753 Multi-county area, authority 449 Enclosures, mailing 555 Seal, official 19 Lis pendens 102 Zoning regulation 449 State Term, expired ALCOHOLIC BEVERAGES Audit 3529 Board of liquor control Warrant, charge of costs 55 Hearing, one member 200 Order 20-0 BANK Reopening case 200 Bowling team sponsorship, retail Superintendent, public officer 56 liquor premises 556 Club, defined 112 BOARD OF ELECTIONS- Club limitations 112 Distributor sponsoring bowling See ELECTION, at team 556 Board of Elections. Manfacturer sponsoring bowling team 556 Permit BOARD OF LIQUOR C, D, issuance 112 CONTROL-See More than one permit 112 ALCOHOLIC BEVERAGES. Restrictions 112 BONDS, INVESTMENT ANIMALS County hospital, for, pre- Dog, impounding 101 requisites 3 Quarantine enforcement 101 Joint county ditch improvement 194 Notes ANNEXATION OF LAND Fire equipment, for 166 Election, effect 102 Funds, not from tax levy 167 Offer to bank 3533 APPEAL Tax levy, amounts 166 Lis pendens 102 Sale Workmen's compensation 286 Notes, offer to bank 3533 681 BOND, SURETY Jurisdiction, concurrent, in Developer, construction of roads 398. misdemeanor case 397 Misdemeanor, concurrent jurisdiction 397 BOWLING TEAM Notary fees 133 Sponsorship by liquor Probation officer and deputy manufacturers and sheriff, compatibility 502 distributors 556 COMMUNITY IMPROVEMENT BUILDING AND LOAN CORPORATION-See also ASSOCIATION INDUSTRIAL, ECONOMIC Installment contract, real estate 189 DEVELOPMENT. Loan secured by lien on real Agency of political subdivision, as 600 estate 189 Articles of incorporation 600 Purchase of VA installment Jurisdiction, territorial 600 contract 189 Overlapping territorial Realty loan, razing buildings 337 jurisdiction 600 Superintendent, unused vacation 56 Purposes 268 VA loan, security 189 Territorial jurisdiction 600 Territory 600 CEMETERY Township COMPATIBILITY OF OFFICES Annexation, village ownership 26 -See OFFICE, PUBLIC, Village COMPATIBILITY. Township cemetery annexed 26 CONFLICT OF INTEREST- CHILDREN'S HOME- See also See OFFICE, PUBLIC, DETENTION HOME. COMPATIBILITY. Compensation for duties and chores 506 Inmate, duties and chores, CONSTABLE compensation 506 Appointment 259 School district, tuition Uniform approval 259 responsibility 545 Vehicle marking 259 School residence 545 Witness, incompetent 259 Services, inmate or ward 506 Transfer to different site 594 Ward, compensation, duties 506 CONTRACT Working inmate 506 County, by, engineering services 83 County hospital construction, accurate estimates 566 CHILD WELFARE BOARD- Employee, public, rescission 512 See WELFARE DEPART- MENT. CORONER Inquest 470 CITY-See MUNICIPAL 470 CORPORATION. Jurisdiction, limitation

CIVIL SERVICE CORPORATION 158 Board of township trustees, Foreign, mail order compatibility 39 Deputy village marshal 123 COUNSEL-See ATTORNEY Lay-off 620 AT LAW.

CLERK OF COURTS COUNTY Resignation, prospective, effect 572 Auditor-See AUDITOR. Board of education-See COMMON PLEAS COURT EDUCATION, BOARDS OF. Counsel, assignment 105 Children's home--See Defendant prosecuted by CHILDREN'S HOME; information 105 DETENTION HOME. Deputy sheriff and probation Delinquent children-See officer, compatibility 502 DETENTION HOME..

682. Dependent children-See Leasing fairgrounds 720 CHILDREN'S HOME; Leasing vehicle for retarded DETENTION HOME. children 5 Detention home-See Liability insurance 492 DETENTION HOME. Location, transfer of county Ditch-See JOINT COUNTY children's home 594 DITCH. Oil and gas lease, fairgrounds 720 Dog warden, rabies quarantine 101 Parking meter, city, ejectment 6 Electrical examination, fee, Performance bond 398 license 331 Plat refusal 398 Engineer, certificate of funds Platting requirement, exception 358 available 83 Private road, plat refusal, Fair-See FAIRS, atCounty. specification 398 Fire protection-See FIRE Public hearing, reasonable notice 395 DEPARTMENT. Real estate assessment funds, Fairgrounds transfer 195 Gas and oil lease revenue 720 Road boundary, establishing, funds 129 Highway-See HIGHWAYS AND Roads-See HIGHWAYS AND ROADS at County. ROADS, at County. Hospital-See HOSPITAL, Street, etc., dedication, exception 358 at County. Tax funds apportioned 748 Hospital construction, accurate Transportation and lands use estimate 566 studies, cooperation in Neglected children-See preparing 595 DETENTION HOME. Tuition, mentally retarded 5 Property, real, not needed for Welfare department director, public use, lease 446 appointment, discharge 620 Road-See HIGHWAYS AND ROADS, at County. COUNTY COURT Warrants, costs, charge to Judge and village solicitor, auditor 555 compatibility 361 Weights-See WEIGHTS AND Judgeship, abolishing 479 MEASURES. Jurisdiction, misdemeanor cases 397 Misdemeanor, jurisdiction 397 COUNTY COMMISSIONERS Municipal court preempting 479 Airport-See also AIRPORT. 3530 Consulting highway engineers, employment 595 Airport facility, lease of space in 363 Airport zoning board participation 449 COUNTY RECORDER Certificate of funds Filing officer, duties 668 Required, when 83 Financing statement 668 Children's home, transfer to Financing statement, indexing 668 different site 594 Indexing financing statement Child welfare board member, covering fixtures 668 removal 561 Real estate mortgage record 668 Contract, private engineering service 83 Detention home educational funds 261 COUNTY RECORDS Dog warden 101 COMMISSION Electrical contractor, license 331 Disposal of hospital patient-- Employees welfare department, medical records 447 lay-off 620 Hospital patient-medical Engineer, employee relationship 83 records, disposal 447 Fairground development, revenue 720 Fairgrounds lease 720 Fire activity message 16 DEATH Fire department-See FIRE Employee, public 40 DEPARTMENT. Motor vehicle certificate of title, Funds, transfer 195 applicant 7 Gas and oil lease, fairgrounds 720 Suspicious, inquiry jurisdiction 470 Hearing, public, notice 395 Hospital-See HOSPITAL, at County. DEFENDANT Insurance, liability 492 Counsel, waiver 448 Joint board Indictment, prosecution by 448 Ditch improvement 194 Information, prosecution by 448 683 DEFINITIONS DOG WARDEN Club, liquor permit 112 Impounding powers 101 County road 3546 Employee, public, separation from service 40 EASEMENT Fireman's salary 737 Highway purposes, taxation 484 Highways and roads, county, ownership 3546 Officer, public 20 ECONOMIC DEVELOPMENT­ Policeman's salary 737 See INDUSTRIAL, ECONOMIC Purchaser, motor vehicle 7 DEVELOPMENT. Security interest 219 EDUCATION, BOARDS OF Athletic fund expenditure DELINQUENTS-See Football equipment 157 DETENTION HOME. Bus transportation, parochial, private school 517 Caterer, contract with 455 DEMOLITION Consultant, as 455 Building, effect on loan 337 School lunch 455 Classroom, portable building 501 DENTIST Clerk, city school district and National examination certificate 143 board of elections, compatibility 544 State board Conflict of interest 122 Compensation 143 County, transfer of territory 96 Duties 143 Delinquents-See DETENTION National board examinations 143 HOME. Depository, inactive funds 751 Eligibility, joint vocational school DEPARTMENT OF district board 662 DEVELOPMENT Eye protective device 542 Duties 472 Insurance, liability Federal funds 472 Premiums varying 61 Grant 472 Joint use of property 662 Planning assistance 472 Joint vocational school district 662 Legal title, property transferred 96 Married student 120 DEPOSITORY Member Inactive funds, school district 751 Compatibility, board of elections School district, inactive funds 751 clerk 103 Resignation, withdrawal 24 DETENTION HOME-See also Mentally deficient training, CHILDREN'S HOME. payment 18 County educational expense 261 Mentally retarded-See See also CHILDREN'S HOME MENTALLY DEFICIENT. Education costs 553 Non-teaching employee--See School Education expenses 261 at Placement 553 Employee, Non-Teaching. School district, educational Option to buy portable building 501 expense 261 Parochial, private school bus School district to pay education transportation 517 costs 553 Portable building, rental 501 President Bank officer, as, voting DEVELOPMENT-See DEPART­ restricted 122 MENT OF DEVELOPMENT. Property, joint use 662 Property, rental 501,662 DEVELOPMENT CORPORA- Recreational fund monies TION-See INDUSTRIAL, Football equipment, for 157 ECONOMIC DEVELOPMENT. Rental against purchase price 501 Rental of property 662 Renting portable building 501 DITCH Rules and regulations adopted 120 Joint county, improvement bonds 194 School supplies-See SCHOOL at Supplies. DOCTOR-See PHYSICIANS. Social club prohibited 120 Sports equipment 157 DOG-See ANIMALS. Student, married 120

684 Transportation, parochial, private Vacation school 517 Accumulation, compensation, Voting rate 3548 Conflict of interest 122 Computation, anniversary date 40 Death 40 Military leave of absence 3518 EJECTMENT State service defined 40 City, against 6 Unused, compensation 20, 56, 3548 Unused, person entitled to ELECTION compensation 3548 Unused, rate of pay 56 Annexed territory, effect 102 Unused, service calculated 40 Board of elections Vacation leave, earned and Deputy clerk, compatibility, unused 666 board of education 103 Vacation pay, prorated 666 Insurance, liability, private 620 building 55 Welfare department, lay-off Candidate, primary election 478 Clerk, board of elections and city EMPLOYEES RETIREMENT school district, compatibility 544 SYSTEM Defeated primary candidate, re­ 346, strictions as to general election 478 Fireman members, township Expense statement, failure to file 485 Fireman's pension, improperly Board failure to give notice 485 deducted funds 346 Fluoridation of water, resolution 107 General election candidate 478 EMPLOYMENT AGENCY Lis pendens 102 Polling place Theatrical booking 260 Private, liability insurance 55 Primary , ENGINEER Candidate 478 Expense statement, failure to County, office location 152 file 485 Employee relationship 83 School district, and transfer 17 ENGINEER, COUNTY-See ELECTRICAL CONTRACTOR COUNTY ENGINEER. Examinations 331 License, fee 33l EVIDENCE Radar reading, admissibility 396 EMPLOYEE, PUBLIC Accumulated vacation, FAIRGROUNDS compensation 666 Anniversary, computation 40 Development, for other use 720 Atomic energy coordinator, as 20 Gas and oil lease, revenue 720 Benefits, sick leave 500 Lease 720 Charter municipality, sick leave benefits 500 FAIRS Contract rescinded 512 Defined 56 County Employee-notary public fee 133 Funds, use 23 Full-time employee, sick leave Motor vehicle fuel tax, use 23 benefits 500 State-See OHIO STATE FAIR Hourly rate 512 Lay-off, temporary 620 Military leave FEES AND COSTS Vacation; sick leave 3518 Electrical contractor 331 Overtime pay 512 Emergency room service, hospital 82 Prosecuting attorney employee, Financing statement fee 417 notarial service compensation 133 Notary public 133 Rescinding contract 512 School supplies 153 School-See SCHOOL. Security agreement 417 Separation from service defined 40 Warrant, county 555 Service credit Zoning variance 218 Military leave 3518 Sick leave benefits 500 Sick leave, military leave of FINANCE DEPARTMENT absence 3518 Director, unused vacation 3548

685 FINANCING STATEMENT FOREIGN CORPORATION Fee 417 Mail order 158 Filing 219 Filing fee 417 Fixture, covering, index 668 FUNDS, PUBLIC Form 219 Highway and road, establishing Indexing 668 boundary 129 Legal requirements 219 Industrial and economic develop- Real estate mortgage records 668 ment, for 268 Responsibility for information 668 Insurance, liability 492 Secured party's responsibility Liability insurance 492 for information 668 Real estate assessment fund, Security interest, personal transfer 195 property and fixtures 219 Survey, private corporation 268 Transfer, county commissioners 195 Unlawful insurance 492 FIRE DEPARTMENT Base radio station 16 Base radio station funds 270 GAMBLING Contract for protection of out- Lottery of-state property •599 Mail order purchase 158 County funds, base radio station 270 Mail order purchase 158 Employees retirement system, membership 346 GAS AND OIL LEASE Fire fighting equipment 560 Notes for 166 County commissioners Fireman, qualifications, township 346 Fairgrounds 720 Life squad 560 Longevity compensation 737 GASOLINE TAX Member, residency 408 Funds Notes, issuance, tax levy 166 Survey, etc., used for 129 Out of state protection 599 Use limited 152 Pension fund deduction 737 Funds, use 23 See also EMPLOYEES RE­ TIREMENT SYSTEM; FIREMEN'S RELIEF AND HEALTH DISTRICT PENSION FUND. Board member and township Private fire company, radio use 270 clerk, compatibility 559 Radio station 16 Radio station base, county HIGHWAY DEPARTMENT county intercommunication 270 Referendum vote, fire regulation 408 Director, road mileage authority 338 Rescue vehicle 560 Salary defined 737 HIGHWAYS AND ROADS Township Boundary, establishing, funds 129 Appointment, code of Certification, road mileage 338 regulations 346 Construction of private road Residence requirement 408 Performance bond may be Uniform allowance 737 required 398 Consulting engineer, employment 595 FIREMEN'S RELIEF AND Contract, consulting engineer 595 PENSION FUND County Fund member 719 Boundary, establishing, Funds improperly credited 346 expenses 129 Member of the fund 346 Construction, funds 3546 Re-employment status 719 Defined, jurisdiction 3546 Benefits 719 Equipment and buildings 152 Township, mandatory Funds, use limited 152 maintenance 346 Jurisdiction 3546 Trustee Mileage calculated 3546 Mandatory service 346 Mileage, certification 338 Voluntary cessation of Road machinery storage 152 membership 719 Easement, removal from tax duplicate 484 Gasoline excise tax-See GASO­ FIXTURES LINE TAX. Financing statement covering, Highway construction fund, use 152 index 668 Major thoroughfare report 595 686 Motor vehicle fuel excise tax­ ILLEGITIMACY See GASOLINE TAX. Student, extra-curricular activi- Multiple-purpose building, ties, limiting 120 county funds 152 Ownership defined 3546 Patrolman, investigating, false INDICTMENT AND information 557 INFORMATION Radar-See SHERIFF, at Radar. Counsel Road mileage, ratio per mile 338 Waiver 448 Survey, expenses 129 Indictment, prosecution by 448 Township Information, prosecution by 448 Mileage, certification 338 Transportation, land use studies 595 INDUSTRIAL COMMISSION­ HOSPITAL See also WORKMEN'S Board of governors, co-insurer 104 COMPENSATION. Board of governors, compatibility Appeal pending 286 with county auditor 565 "De novo" appeal 286 Construction contract, accurate Former board members rendering estimate 566 decision 286 County Nunc pro tune decision 286 Bond issue prerequisites 3 Commission 3 INDUSTRIAL, ECONOMIC Construction estimates 566 Construction of permanent DEVELOPMENT improvement, operating Community improvement funds 3532 corporation 268 Land conveyance 3 Public funds, use 268 Patient-medical record State powers 268 fupm~ 4~ Survey 268 Deferred compensation agreement 104 Director of safety controls 104 INFORMATION Emergency room Fees 82 Prosecution on, assigned counsel 105 Licensed physician, employment 82 Estimate, construction 566 INITIATIVE AND Funds REFERENDUM County bond issue, construction 3 Funds, use 3532 Municipality, powers 107 Improvement, funds, use 3532 Village 107 Insurance, employees 104 INQUEST 470 Insurance, hospital beneficiary 104 Joint township district Board member and county INSTALLMENT SALE auditor, compatibility 565 Purchase money mortgage loan, Medical ·staff incorporation 82 lien 189 Member, board of governors and county auditor, compatibility 565 Municipal, insurance 104 INSTITUTION Municipal legislative authority, Detention home-See DETEN­ contract 104 TION HOME. Physician, emergency room Juvenile detention home-See privileges 82 DETENTION HOME. Professional association employee 82

HOUSE TRAILER INSURANCE Delinquent tax 753 Board of education purchasing Late tax payment 753 Varying premiums 61 Statutory penalty, late payment 753 Hospital, municipal 104 Tax collection 753 Liability, county commissioners 492 Tax situs 753 Liability, recreation center 492 Polling place, private 55 HUMANE SOCIETY Impounding stray dog, rabies JOINT COUNTY DITCH quarantine 101 Assessment, unpaid, interest 194 Rabies quarantine 101 Improvement, bond issue 194

687 JOINT VOCATIONAL SCHOOL Installment sale contract, VA 189 DISTRICT-See SCHOOL Private, to village 349 DISTRICT, at Joint Principal, interest payment 349 vocational, board. Razing building, effect 337 Realty, on, razing building 337 VA JUDGE-See under individual Lien on realty 189 court. LOTTERY-See GAMBLING. JUVENILE COURT Delinquent children-See DE­ TENTION HOME. MAIL ORDER Detention home-See DETEN­ Lottery, Ohio law 158 TION HOME. MANDAMUS JUVENILE DETENTION Child welfare board, funds for HOME-See DETENTION mentally retarded 18 HOME._ MARSHAL LEASE Civil service 123 Airport, county 3530 Compatibility Airport facility, in 363 Municipal court clerk 132 Fairgrounds 720 Deputy clerk of courts, Gas and oil lease, fairgrounds 720 compatibility 132 Oil and gas, fairgrounds 720 Mayor, candidate, as 123 Political activity 123 Political office prohibited 3521 LEASE-PURCHASE Sealer of weights and measures, AGREEMENT compatibility 269 Portable school building 501 MENTALLY DEFICIENT LEGISLATIVE AUTHORITY Children, transportation 5 Rules, adoption 3521 Mandamus, child welfare board 18 Unexpired term 389 School classroom use 18 Vacancy filled 389 Training, payment, board of education 18 LICENSE Transportation costs 5 Electrical contractors 331 Tuition 5 Motor vehicle----See MOTOR Board of education 18 VEHICLE, at License. Nonpayment 18 Theatrical booking agency 260 Nonresident 18

LIEN METROPOLITAN HOUSING Installment contract, VA real AUTHORITY estate sale 189 District park commissioner, Purchase money mortgage loan, compatibility 130 VA 189 Real estate loan at time of purchase, VA 189 MILITARY SERVICE Street assessment, unpaid 203 Employee, public, leave 3518 Teacher 347 MINOR LIMITATION OF ACTION Detention home-See Street assessment, unpaid 203 DETENTION HOME.

LIQUOR-See ALCOHOLIC MISDEMEANOR BEVERAGES. Jurisdiction 397 LIS PENDENS County official bound , 102 MORTGAGE Financing statement, index 668 LOAN Fixture, financing statement Bond issue for repayment 349 covering 668 Illegal 337 Installment contract, VA 189 688 MOTOR VEHICLE NOTARY PUBLIC Certificate of title Fee 133 Death of applicant 7 Prosecuting attorney employee, Constable, marking 259 fee compensation 133 Emergency or rescue car, township acquisition 560 Fuel tax-See GASOLINE TAX. NOTES-See BONDS, Fuel tax revenue, use 23 INVESTMENT. Gasoline excise tax-See GASOLINE TAX. License NOTICE-See under individual Funds, county 129 subject. Funds, county engineer office expenses 129 License tax OFFICE, PUBLIC, County costs, roads and COMPATIBILITY. highways 152 Board of education member and Purchaser defined 7 board of elections clerk 103 Board of elections and clerk, city school district 544 MUNICIPAL CORPORATION Board of elections clerk and board Cemetery-See CEMETERY. of education member 103 Drinking water fluoridation Civil service commission and voting 107 township trustee 39 Ejection, against 6 Clerk, city school district, and Employee, sick leave benefits 50-0 board of elections 544 Fire activity message-See FIRE County auditor and hospital DEPARTMENT. board of governors 565 Fire department-See FIRE Deputy sheriff and township DEPARTMENT. clerk 161 Election board clerk and board of Fire protection, out of state 599 education 103 Industrial survey-See INDUS­ Health district board member and TRIAL, ECONOMIC township clerk 559 DEVELOPMENT. Hospital board of governors and Loan, private, principal and county auditor 565 interest payment 349 Judge, county court, and village Marshal-See MARSHAL. solicitor 361 Police department-See POLICE Marshal and municipal court DEPARTMENT. clerk 132 Public and private funds, surveys Marshal and sealer of weights -See INDUSTRIAL, ECO­ and measures 269 NOMIC DEVELOPMENT. Metropolitan housing authority Sick leave benefits 500 and park commissioner 130 Special police, appointment 162 Park commissioner and metro- Survey for economic development 268 politan housing member 130 See also INDUSTRIAL, ECO­ Police chief and sealer of weights and measures 269 NOMIC DEVELOPMENT. Probation officer and deputy 'l'ownship park annexation 606 ~~ff 5~ Village deputy marshal, Prosecuting attorney and counsel candidacy for mayor 123 for township 25 Village solicitor and county court Sealer of weights and measurers judge, compatibility 361 and marshal 269 Village to city, status of Township clerk and health legislative authority 389 district board member 559 Township clerk and village solicitor 121 MUNICIPAL COURT Township trustee and planning Constable, Ohio State Fair 113 commission advisor 109 County court judge preempted 479 Village solicitor and judge, County-wide jurisdiction 479 county court 361 Deputy clerk of courts and village Village solicitor and township marshal, compatibility 132 clerk 121

MUNICIPALITY-See OFFICER, PUBLIC MUNICIPAL CORPORATION. Bank officer, voting restrictions 122 689 Child welfare board member, PERMIT removal 561 Liquor 112 Compatibility-See OFFICE, See also LICENSE. PUBLIC, COMPATIBILITY. County child welfare board member, removal 561 PHYSICIAN Defined 20 Incorporation 82 Office terminated, unused vacation 56, 3548 Resignation, prospective, effect 572 PIPELINE COMPANY Superintendent of banks, unused Public utility, as 202 vacation 56 Term, expired Audit 3529 PLANNING COMMISSION Vacation, unused County-See PLANNING Compensation 56 COMMISSION, COUNTY. Department of development-See DEPARTMENT OF OHIO STATE EXPOSITIONS DEVELOPMENT. COMMISSION-See OHIO Industrial and economic develop­ STATE FAIR. ment-See INDUSTRIAL, ECONOMIC DEVELOP­ OHIO STATE FAIR MENT. Constable 113 Park land 621 Law enforcement 113 Plat approval 621 Police protection 113 Public hearing, reasonable notice 395 Subdivision approval 621 ORDINANCE OR RESOLUTION Territory jurisdiction 621 Fluoridation of water, resolution 107 Transportation, land use studies 595 Initiative or referendum 107 PLANNING COMMISSION, PARK COMMISSIONERS COUNTY Federal grant, township Advisor acceptance 407 Township trustee, compatibility 109 Gift, acceptance 110 Amendment, zoning, procedure 77 Long-term use, park facilities 110 Metropolitan housing authority, compatibility 130 PLANING COMMISSION, Sale of gift land 110 REGIONAL Township park gift 110 County-see PLANNING COM­ MISSION, COUNTY. PARKING Department of development-See County real estate, lease, DEPARTMENT OF assessment 446 DEVELOPMENT. Court square, lease 446 Zoning change 77 Meter, city, county ejecting 6 PLATS AND PLATTING PARKS AND RECREATION Dedication 621 Annexation 606 Filing subdivision plat, exception 358 Assessment, township 3520 Park land 621 Bowling team, retail liquor Performance bond guaranteeing premises-See LIQUOR. private road construction 398 Dedication 621 Private roads in subdivision, Facilities, long-term use required width 398 arrangement 110 Refusal 398 Gifts, township 110 Statutory dedication 621 Millage claimed by park board 606 Subdivision, filing exception 358 Recreation center Subdivision, refusal 398 Liability insurance 492 Sale of gift land 110 Statutory dedication 621 POLICE DEPARTMENT Chief Sealer of weights and measures, PERFORMANCE BOND-See compatibility 269 BOND, SURETY. Deduction, pension fund 737 690 False information to highway PUBLIC UTILITY patrolman 557 Pipe line company 202 Highway patrolman, false information to 557 Longevity compensation 737 QUARANTINE Municipal, other office, holding 3521 Animal, enforcement 101 Office, other, holding 3521 Pension fund deduction 737 Political activity 3521 RABIES Salary defined 737 Dog, impounding 101 Special investigator, criminal 162 Special police, appointment 162 REAL ESTATE-See Special, temporary, municipality 162 PROPERTY, REAL. Township-See CONSTABLE. Uniform allowance 737 REAL PROPERTY-See PROPERTY, REAL. POLICE PENSION Benefits, retiree-beneficiary em- RECORDER, COUNTY-See ployed by second municipality 357 COUNTY RECORDER. Contribution compulsory 357 Eligibility 357 Police chief, employment of RECORDS COMMISSION-See retiree 357 COUNTY RECORDS Retiree-beneficiary, employed by COMMISSION. second municipality 357 RECREATION-See PARKS PROBATION AND RECREATION. Officer, compatibility with deputy sheriff 502 REFERENDUM-See INITIA­ TIVE AND REFERENDUM. PROFESSIONAL ASSOCIATION Physicians incorporating 82 REGIONAL PLANNING COM­ MISSION-See PLANNING PROPERTY, PERSONAL COMMISSION, REGIONAL. Financing statement 219 RESOLUTION-See ORDINANCE OR PROPERTY,REAL RESOLUTION. County, not needed for public use, leased 446 Mortgage record 668 RETARDED CHILDREN Real estate assessment fund-See Transportation 5 FUNDS, PUBLIC. See also MENTALLY DEFICIENT. PROPERTY,REAL,COUNTY­ See PROPERTY, REAL. ROADS-See HIGHWAYS AND ROADS. PROSECUTING ATTORNEY­ See also EMPLOYEE, PUBLIC SAFETY DEPARTMENT Airport agency, by-county, legal Director, hospital control 104 advice 95 Bi-county airport 95 SCHOOL Child welfare board, representing 18 Compatibility Athletic field, purchase 157 Township counsel, as 25 Athletic fund expenditures Compensation 133 Football equipment 157 Notarial service, compensation 133 Building, portable, rent with PROSECUTION 448 option to buy 501 Bus transportation 517 Caterer, contract with 455 PUBLIC FUNDS-See FUNDS, Classroom, portable building 501 PUBLIC. Contract rescinded 512 691 Emplyee, non-teaching Land transfer, election 17 Contract rescinded 512 Leased land 662 Hourly rate 512 Levy or bond issue, joint voca­ Overtime pay 512 tional district, submission to Explosive solution 542 electors 662 Extra-curricular activity Private, parochial school Football equipment, purchase 157 transportation 517 Married student 120 Tax levy-See TAXATION. Rules and regulations 120 Territory, effective date of Eye protective device 542 transfer 96 Hourly rate, employee 512 Transfer of land, election 17 Lunch, contract for 455 Transfer of territory, proposed, Married student 120 election 17 Mentally retarded-See Transportation 517 MENTALLY DEFICIENT. Tuition, mentally deficient 5 Metal working machine 542 Vocational, joint 662 Morals, rules and regulations 120 SEAL Non-teaching employee 512 Airport authority 19 Overtime pay 512 Parochial, private school SEALER-See WEIGHTS AND transportation 517 MEASURES. Portable building, rent with option to buy 501 Protective eye device 542 SECURITIES DIVISION Pupil-See STUDENT. Chief, unused vacation 56 Pupil with illegitimate child 120 Superintendent, unused vacation 56 Recreational Fund Football equipment, use 154 SECURITY AGREEMENT Rent of portable building 501 Defined 219 Rescinding contract 512 Filing fee 417 Rotary fund, school supplies 153 Form 219 Social club prohibited 120 Student-See STUDENT. SECURITY INTEREST Supplies Defined Fees 153 219 Flat rate 153 Hardship case 153 SEWERS AND SEWAGE Purchased elsewhere 153 DISPOSAL Rotary fund 153 Certificate, public convenience Teacher-See TEACHER. and necessity 3531 Tools, use, eye protective device 542 Engineering, contract for 83 Transportation of retarded chil- Private 3531 dren, vehicle lease 5 Rate, privately owned 3531 Tuition, responsibility for Treatment works construction 3531 children's home inmate 545 County sanitary engineer 3531 SHERIFF SCHOOL DISTRICT Deputy and probation officer, Board, joint vocational, compatibility 502 appointment 662 Deputy and township clerk, Building on leased land 662 compatibility 161 Bus transportation 517 Ohio State Fair law enforcement 113 Children's home inmate, tuition R~u ~6 responsibility 545 Evidence, admissibility of Clerk, city district and board of reading 396 elections, compatibility 544 Depository, inactive funds 751 SOLICITOR-See VILLAGE Detention home education costs, SOLICITOR. payment 553 Inactive funds, depository 751 Joint facilities 662 SPECIAL POLICE-See POLICE Joint vocational DEPARTMENT. Tax levy, special election approval 718 Joint vocational, board 662 STATE HIGHWAY PATROL Juvenile detention home education Township constable vehicle -See DETENTION HOME. marking 259 692 STATUTE OF LIMITATIONS­ Tax list and duplicate See LIMITATION OF Extension for current year, ACTION. special election levy 718 Territorial limits 748 Township park 3520 STREET Transfer of funds 195 Assessments Unpaid, lien 203 TEACHER See also HIGHWAYS AND Leave of absence 347 ROADS. Part pay 347 Private Military service 347 Performance bond 398 Re-employment 347 Plat refusal 398 Service credit 347 Required width 398 Repair motor vehicle license fund 129 THEATRICAL BOOKING AGENCY STUDENT License 260 Extra-curricular activity Married student 120 Married 120 TOWNSHIP Annexation by municipality, status of park board 606 SURETY BOND-See BOND, Assistant prosecuting attorney, SURETY. compatibility 25 Cemetery, annexation by village 26 Clerk TAXATION Certification of funds 167 Annexed territory, apportionment 102 Deputy sheriff, compatibility 161 Cancellation 3520 Health district member, Certificate of abatement 391 compatibility 559 Tendered for payment 391 Village solicitor, compatibility 121 Substitution 391 Fire departmen~See FIRE Debt, prior 748 DEPARTMENT. Delinquent Fire fighting equipment 560 Civil action 285 Health district board member and Collector, out-of-state, clerk, compatibility 559 compensation 285 Highway and road, mileage Comity 285 certification 338 Nonresident, collection from 285 Joint hospital district board mem- Personal property tax collection, ber and county auditor, nonresident 285 compatibility 565 Easement, highway land 484 Legal counsel, compatibility 25 Gasoline tax-See GASOLINE Manager, creation of position 571 TAX. Millage collected, park Highway easement 484 commissioners 606 House trailer 753 New Legal assistance, nonresident 285 Tax for prior obligation 748 Levy Park Cancellation 3520 Annexation, municipality 606 Current operating expenses 154 Federal grant 407 Special, child welfare 154 Park board, millage claimed Special election approval under municipal corporation 606 Extension on tax list and Police-See CONSTABLE. duplicate for current year 718 Taxation Use of funds, restrictions 154 New township, as to 748 Levy, excess of ten-mill limitation See also TAXATION. Purpose 154 Levy, joint school district 662 Taxation, territorial limit 748 Notes in anticipation, amounts 166 Territorial limit, taxation 748 Park, township 3520 Zoning commission-See ZONING Penalty COMMISSION, Township. Administration 753 Zoning ordinance amendment 77 Pipeline company as public utility 202 Political subdivisions, each other 3520 Purpose restricts use 154 TOWNSHIP TRUSTEE Special assessment 3520 Board of, zoning recommendation 77 Street assessment, unpaid 203 Constable-See CONSTABLE. 693 County planning commission WATER SUPPLY advisor, compatibility 109 Fluoridation, voting 107 Highways and roads, maintenance 3546 Life squad contract 560 WEIGHTS AND MEASURES Meeting attendance 3519 Sealer Municipal civil service commission, Police chief, compatibility 269 compatibility 39 Notes, sale to bank 3533 Removal, nonattendance 3519 WELFARE DEPARTMENT Rescue vehicle, acquistion 560 Children's home inmate, school Tax-See TAXATION. tuition responsibility 545 Township manager, authority to Child Welfare Board create 571 Children's home, transfer to Vacancy, nonattendance 3519 new site 594 Funds, mentally retarded 18 Legal representative 18 TRAILER-See HOUSE Child welfare board member, TRAILER. removal 561 County child welfare board TREASURER, COUNTY member, removal 561 Director, appointment discharge 620 Penalty, tax 753 Employees, discharge 620 Tax penalty 753 Funds Use restricted, child welfare 154 TREASURY Lay-off, temporary 620 Warrant, charge of costs 555 Removal of child welfare board member 561 School district residency 545- TUITION Tax levy, child welfare 154 Mentally deficient child 5 Tuition, local school district 5 See also MENTALLY Warrant, processing 555 DEFICIENT. WITNESS UTILITY, PUBLIC Constable, competency 259 Pipeline company 202 WORKMEN'S COMPENSATION VARIANCE Appeal, industrial commission 286 Zoning, fees 218 Death not covered by workmen's compensation 348 Disability, unpaid balance to VEHICLE-See MOTOR dependents of deceased VEHICLE. employee 348 Eyeglasses, purchase 418 VETERANS ADMINISTRA­ Vision loss 418 TION Loan, security 189 ZONING Airport zoning board-See VILLAGE-See MUNICIPAL AIRPORT AUTHORITY. CORPORATION. Amel'ljdment-See PLANNING Cemetery, township, annexing 26 COMMISSION, COUNTY; City, becoming PLANNING COMMISSION, Legislative authority, status of REGIONAL. member 389 Application fee 218 Initiative or referendum 107 Board of appeals Legislative authority, filling Conditional zoning certificate 218 vacancy 389 Change, notice 77 Loan, private, principal and Conditional zoning certificate 218 interest payment 349 Public hearing, township 77 Variance, fees 218 VILLAGE SOLICITOR Compatibility of office ZONING COMMISSION, Judge, county court 361 TOWNSHIP Township clerk 361 Zoning changes, public hearing 77

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