Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-13 - Municipalities › Section 117-13-01 - Filing affidavit of failure of performance of fiscal officer

Current through all regulations passed and filed through July 1, 2024
(A) The sworn affidavit
			 and evidence  submitted to the
			 office of the auditor of state pursuant to division
			 (A)(1) of section
			 733.78
			 of the Revised Code shall be in the following form and manner:
"AFFIDAVIT (Type or print full name)
The undersigned, being a member of the legislative authority of
				the following municipal corporation, to wit: ___________________________ ,
				________________________ County, Ohio, hereby states that
				_________________________________, the or a fiscal officer of said municipal
				corporation has purposely, knowingly, or recklessly failed to perform a fiscal
				duty expressly imposed by law, with respect to the fiscal duties of said
				office, or has purposely, knowingly, or recklessly committed any act expressly
				prohibited by law, with respect to the fiscal duties of said office.
The terms "fiscal duty expressly
				imposed by law" and "act expressly prohibited by law" may include a duty
				imposed or an act prohibited by a statute contained within the Ohio Revised
				Code and/or an Ordinance or Resolution adopted by the controlling legislative
				body.
That the fiscal duty
				which,__________________________________, the fiscal officer of said municipal
				corporation, has purposely, knowingly, or recklessly failed to perform, is
				expressly imposed by the following
				law(s):________________________________________.
or
That the act(s) which said
				aforementioned fiscal officer has purposely, knowingly, or recklessly committed
				is expressly prohibited by the following laws:
				_______________________________________________________.
The  facts
				constituting the  purposeful,
				knowing, or reckless failure of the said fiscal officer to perform a fiscal
				duty expressly imposed by law, with respect to the fiscal duties of said
				office, or of the said fiscal officer's purposeful, knowing, or reckless
				commission of any act expressly prohibited by law, with respect to the fiscal
				duties of said office, is set forth herein below are as follows:
__________________________________________ Add additional pages
				as may be necessary.
Evidence supporting the foregoing allegations is as
				follows:
__________________________________________ Add additional pages
				as may be necessary.
BY SIGNING BELOW, YOU ARE SWEARING TO THE TRUTH OF THE
				ALLEGATION(S) AND THE AUTHENTICITY OF ALL DOCUMENTS AND
				EXHIBITS WHICH ARE DEEMED INCORPORATED HEREIN. ANY
				PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT IN SUCH AN AFFIDAVIT IS GUILTY OF
				FALSIFICATION UNDER SECTION
				2921.13
				OF THE OHIO REVISED CODE, A FELONY OF THE THIRD DEGREE.
__________________________________________________
SIGNATURE OF AFFIANT
__________________________________________________
ADDRESS OF AFFIANT
__________________________________________________
EMAIL ADDRESS OF AFFIANT
__________________________________________________
PHONE NUMBER OF AFFIANT
Date: _________________________________
TO CONSTITUTE A VALID COMPLAINT, THIS AFFIDAVIT MUST BE SIGNED
				BEFORE A NOTARY PUBLIC. FAILURE TO SIGN AND TO INCLUDE A PROPERLY COMPLETED
				JURAT (BELOW) WILL RESULT IN THE IMMEDIATE DISMISSAL OF THE COMPLAINT.
STATE OF OHIO )
______________ ) ss:
_______ COUNTY )
Before me, a Notary Public, in and for said county and state,
				personally appeared the Affiant identified above who, after having been first
				duly sworn pursuant to law, executed the foregoing document, and averred that
				the same was his own free act and deed, and that the content thereof is true to
				the best of his knowledge, understanding, and belief.
_______________________________________
NOTARY PUBLIC
My Commission Expires:"
(B)
								For purposes of
			 completing the affidavit, the terms "fiscal duty expressly imposed by law" and
			 "act expressly prohibited by law" may include a duty imposed or an act
			 prohibited by a statute contained within the Ohio Revised Code and/or an
			 ordinance or tesolution adopted by the controlling legislative
			 body.
(C) Any such affidavit,
			 together with any supporting evidence accompanying the same, shall be delivered
			 to the offices of the auditor of state in Columbus, Ohio, or forwarded to the
			 auditor of state at said office, via certified United States mail with return
			 receipt requested, postage prepaid. The effective receipt of any such affidavit
			 and any supporting evidence accompanying the same shall be the date of actual
			 delivery to and receipt by the auditor of state.