In 2022 Am.Sub.S.B. No. 15, the Ohio General Assembly codified rules governing when a treasurer, auditor, or fiscal officer of community college districts, technical college districts, or state community college districts, will be liable for loss of county public funds.
Here, the general assembly defines when treasurers, auditors, and officials with the duties of a county treasurer or auditor, will be liable for a public loss of funds. The General Assembly states that treasurers, auditors, and officials with the duties of a county treasurer or auditor will not be liable for public loss when the officer has performed official duties of their office with reasonable care. However, if the loss of public funds results from the officer’s negligence or wrongful act, then the officer will be liable for the loss of public funds.
In their decision to pass Senate Bill 15, the General Assembly stated the rules governing the liability of public loss to treasurers, auditors, and officials with similar duties to treasurers and fiscal officers applies to individuals that hold these titles in connection with community college districts, technical college districts, and state community college districts. Under this Bill, Treasurers and fiscal officers of community college districts, technical college districts, and state community college districts, will only be liable for loss of public funds when the loss results from the treasurer or fiscal officer’s negligence or another wrongful act.
To read this Bill, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.