R.C. 2744.09(B), which contains the exceptions to political subdivision immunity, “removes immunity only as to the political subdivision and does not affect the statutory immunity of the fellow employee” of the political subdivision against whom an employee also brings a civil action. Zumwalde v. Madeira & Indian Hill Joint Fire Dist., 128 Ohio St.3d 492, 2011-Ohio-1603 (Ohio Supreme Court)
“Because R.C. 321.38 does not require a complaint and hearing before authorizing a board of county commissioners to remove a county treasurer, it is incompatible with Section 38, Article II of the Ohio Constitution, and thus is unconstitutional on its face.” State ex rel. Zeigler v. Zumbar, Slip Opinion No. 2011- Ohio-2939 (Ohio Supreme Court)
“The destruction of a public record in violation of R.C. 149.351(A) gives rise to a forfeiture to any person who is ‘aggrieved’ by the destruction.” A requester of public records whose goal is to seek a forfeiture is not aggrieved. Rhodes v. New Philadelphia, Slip Opinion No. 2011-Ohio- 3279 (Ohio Supreme Court) See “Public Records,” under “Budget Bill,” above, for recent statutory changes to R.C. 149.351.
Written notes referred to and taken by assessors of a city’s promotional examination and briefly in the city’s possession are not public records because the notes were for the assessors’ convenience, were related to the assessors’ purpose and were not collected to be preserved as public records but, instead, were immediately shredded. Barnes v. Columbus, Ohio Civil Service Commission, 2011-Ohio-2808 (Ohio App. 10th Dist.)
A city that inadvertently built outside of the easement granted by the affected property owner was not barred from acquiring that property through eminent domain, where the affected property owner was unable to show fraud, bad faith or abuse of discretion in the city’s determination of the necessity of the exercise of eminent domain. Eschtruth Investment Co., LLC v. City of Amherst, 2011-Ohio-3251 (Ohio App. 9th Dist.)
“The funds of an enhanced 9-1-1 system may not be used to establish and maintain a countywide community notification system to inform county residents of a public emergency.” 2011 Op. Att’y General No. 2011-014