Summary
The Supreme Court of Ohio held that R.C. 507.021(A) requires a township fiscal officer to obtain prior board approval for compensation offered to assistants. The board could approve or reject the proposed salaries but lacked authority to set the assistants’ salaries itself. The court denied mandamus compelling approval of the specific proposed salaries but ordered the board to rescind the resolutions setting the salaries and consider a new compensation proposal.
Holdings
- R.C. 507.021(A) authorizes the township fiscal officer to decide whether assistants are needed, whom to hire, and what compensation to propose, but the proposed compensation is subject to the township trustees' prior approval.
- The township trustees may approve or deny the fiscal officer's compensation proposal, but R.C. 507.021(A) does not authorize them to set the salaries of the fiscal officer's assistants.
- The fiscal officer was not entitled to mandamus compelling the board to approve and fund her specific salary proposals because she failed to prove by clear and convincing evidence that the board abused its discretion in rejecting them.
Questions Presented
- Whether R.C. 507.021(A) authorizes a township fiscal officer to hire assistants and propose their compensation subject to prior approval by the township trustees.
- Whether the township trustees may set the salaries of assistants hired by the fiscal officer under R.C. 507.021(A).
- Whether the fiscal officer was entitled to mandamus compelling the board to approve and fund her specific salary proposals because the board abused its discretion in rejecting them.
Disposition
writ_granted
Cases Cited (10)
- State ex rel. Waters v. Spaeth, 131 Ohio St. 3d 55, 2012-Ohio-69, 960 N.E.2d 452, ¶ 6(followed)
- State ex rel. Doner v. Zody, 130 Ohio St. 3d 446, 2011-Ohio-6117, 958 N.E.2d 1235, paragraph three of the syllabus(followed)
- Jacobson v. Kaforey, 149 Ohio St. 3d 398, 2016-Ohio-8434, 75 N.E.3d 203, ¶ 8(followed)
- Wingate v. Hordge, 60 Ohio St. 2d 55, 58, 396 N.E.2d 770 (1979)(followed)
- Wilson v. Lawrence, 150 Ohio St. 3d 368, 2017-Ohio-1410, 81 N.E.3d 1242, ¶ 11(followed)
- Lynch v. Gallia Cty. Bd. of Commrs., 79 Ohio St. 3d 251, 257-258, 680 N.E.2d 1222 (1997)(considered)
- Columbia Gas Transm. Corp. v. Levin, 117 Ohio St. 3d 122, 2008-Ohio-511, 882 N.E.2d 400, ¶ 19(followed)
- State ex rel. Veterans Serv. Office of Pickaway Cty. v. Pickaway Cty. Bd. of Commrs., 61 Ohio St. 3d 461, 463, 575 N.E.2d 206 (1991)(analogized)
- State ex rel. Trussell v. Meigs Cty. Bd. of Commrs., 155 Ohio App. 3d 230, 2003-Ohio-6084, 800 N.E.2d 381 (4th Dist.)(followed)
- State ex rel. Wilke v. Hamilton Cty. Bd. of Commrs., 90 Ohio St. 3d 55, 61, 734 N.E.2d 811 (2000)(followed)
Cited In (0)
No citing cases on record yet.
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