In the case of Ames v. Geauga Cty. Bd. of Revision, 2022-Ohio-2281, the Appellate Court held that a board of revision did not violate the Open Meetings Act by allowing a deputy treasurer and deputy auditor to perform official duties of the county board of revision.
Here, Relator-Appellant asserted that the board of revision exceeded its statutory authority when it authorized the deputy treasurer and deputy auditor to appear and perform the duties on behalf of the county treasurer, auditor, and commissioner. Relator-Appellant argued that chief deputies may only be appointed by the board of revision to a hearing board for the purpose of hearing valuation complaints. The board of revision argued that the board is not limited to membership and participation restraints, nor is it prohibited from allowing chief deputies to perform the official duties of the county board of revision. The appellate court agreed with the board of revision.
In support of its decision, the court recognized that a fiduciary relationship exists between the chief deputies and the board of revision that allows the chief deputies to perform the board’s official duties. The Court reasoned that R.C. 5715.02 expressly allows the board of revision to appoint chief deputies to perform duties on the board’s behalf. The court held that while R.C. 5715.02 does in fact authorize the county treasurer and auditor to appoint chief deputies to a hearing board for the purpose of hearing valuation complaints, Respondent’s statutory duties extend beyond R.C. 5715.02, none of which limit or preclude chief deputies from performing the duties of the board of revision.
As a result, the Court found in favor of the board of revision.
To read this case, 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.