H.B. 329, dealing with apportionment of local government funds, did not violate Uniformity Clause of the Ohio Constitution (Section 26, Article II), since Uniformity Clause prohibits arbitrary geographic distinctions, not reasonable measures that have a geographic element or disparate geographic effect; under the circumstances, limiting the exclusion provision in H.B. 329 to certain counties based on population represents a rational balancing by the General Assembly of political subdivision interests; and the population thresholds of H.B. 329 are open-ended and any county may qualify under those thresholds in the future given a sufficient change in circumstances. E. Liverpool v. Columbiana Cty. Budget Comm., 114 Ohio St.3d 133

Court reviewed ordinance and determined that it set forth legally sufficient reasons for its passage as an emergency ordinance and those reasons, when considered together, were not so conclusory, tautological or illusory as to invalidate the council's emergency declaration in that ordinance. State ex rel. Laughlin v. James, 115 Ohio St.3d 231

No duty to certify initiative petition for a proposed ordinance where petitioners failed to file a certified copy of the proposed ordinance with the statement required by R.C. 731.32; with respect to the certification process under R.C. 731.32 the Court stated that "for initiative petitions, the petitioners themselves are more appropriate persons to attest to the accuracy of their proposed ordinance or other measure." State ex rel. Lewis v. Rolston, 115 Ohio St.3d 293

An unsuccessful candidate for mayor at a primary election was not barred from being a candidate for the board of education at a general election held in that same year. State ex rel. Brinda v. Lorain Cty. Bd. of Elections, 115 Ohio St.3d 299

A county solid waste management district is a public utility as that term is used in R.C. 5705.44 and therefore a county's contractual obligation is excepted from the expenditure of public funds certification requirements of R.C. 5705.41(D). St. Marys v. Auglaize Cty. Bd. of Commrs., 115 Ohio St.3d 387

Ordinance proposed by initiative petition is not an administrative action but "is legislative in nature because it creates a new law directing the acquisition of property and its permanent maintenance for use as a park, for recreation, and for preservation of green space" and therefore board of elections is ordered to place that proposed ordinance on the ballot. State ex rel. Citizen Action for a Livable Montgomery v. Hamilton Cty. Bd. of Elections, 115 Ohio St.3d 437

Replacement of stolen or missing sewer grate located in street at curb and necessary to safe operation of storm water system fell within definition of maintenance or upkeep, not provision, design or reconstruction, and was proprietary function, and, therefore, summary judgment for city on political subdivision immunity grounds was denied. Martin v. Gahanna, 2007-Ohio-2651 (Ohio App. 10th Dist.)

The installation of a sanitary sewer by a political subdivision involves a governmental function and therefore the doctrines of equitable and promissory estoppel do not apply. State ex rel. Bayus v. Woodland Park Properties, 2007-Ohio-3147 (Ohio App. 7th Dist.) 

The City of Lima challenged the constitutionality of R.C. 9.481 (enacted in 2006), which limits the ability of political subdivisions to condition employment upon residency. The Court of Appeals held that R.C. 9.481 was not validly enacted pursuant to Article II, Section 34, of the Ohio Constitution and violates Section 3, Article XVIII (municipal home rule), of the Ohio Constitution. The Court of Appeals determined that the City's ordinance, which established residency requirements for City employees hired after its date of passage, "is a valid exercise of local self-government pursuant to Section 3, Article XVIII of the Ohio Constitution and prevails, R.C. 9.481 notwithstanding." The Court of Appeals, in addressing the General Assembly's declaration that its intent in enacting R.C. 9.481 was to recognize the "inalienable and fundamental right of an individual to choose where to live pursuant to Article I, Section 1 of the Ohio Constitution," stated that "there is no constitutional right to choose where one lives and, at the same time, demand employment from an unwilling employer." Lima v. State, 2007-Ohio-6419 (Ohio App. 3rd Dist.)

The positions of county commissioner and member of the board of trustees of a community college district are incompatible. 2007 Op. Att'y General No. 2007-020

Article II, § 34a of the Ohio Constitution and Am. Sub. H.B. 690 do not render confidential information about a public employee's rate of pay, number of hours worked or amount of compensation, nor do they otherwise exempt this information from inspection and copying under R.C. 149.43. Therefore, any person has the right under R.C. 149.43 to inspect and copy information about a public employee's pay rate, hours worked and amounts paid. 2007 Op. Att'y General No. 2007-026

The board of health of a general health district, which is a political subdivision, as defined in, and under, R.C. 9.03, is not permitted to conduct a campaign to support the passage of a tax levy, but may conduct a program to provide information about its finances, activities, and governmental actions in a manner that is not designed to influence the passage of the levy. 2007 Op. Att'y General No. 2007-036. Note of interest: a "political subdivision" as defined in R.C. 9.03 does not include a municipal corporation that has adopted a charter under Section 7, Article XVIII, of the Ohio Constitution or a county that has adopted a charter under Sections 3 and 4, Article X, of the Ohio Constitution.