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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.