On January 4, 2022, Ohio Attorney General Dave Yose issued a formal opinion to Seneca County Prosecuting Attorney Derek W. Devine regarding public officials collaborating with nongovernmental individuals or entities.
In the opinion, the Ohio Attorney General first defined “nongovernmental person or entity” by its plain meaning, finding that a nongovernmental person or entity is “one who is neither a governmental official (in the case of a person) or a governing entity.
The Ohio Attorney General concluded that R.C. 3501.054 prohibits public officials from collaborating with nongovernmental persons or entities only when the public official is acting in his or her official capacity. The opinion specifically notes that nothing in the language of the statute prohibits public officials from collaborating with nongovernmental persons or entities when acting in their private capacity.
To read this formal opinion, 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.