Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-5 - Counties › Section 117-5-03 - Filing affidavit of failure of performance of county auditor

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
			 319.26
			 of the Revised Code shall be in the following form and manner:
"AFFIDAVIT (Type or print full name)
The undersigned, being ______ the treasurer or ______ a county
				commissioner of ________________________County, Ohio, hereby states as
				follows:
That, _________________________________, the auditor of said
				county has purposely, knowingly, or recklessly failed to perform a fiscal duty
				expressly imposed by law, with respect to the fiscal duties of the office of
				county auditor, or has purposely, knowingly, or recklessly committed any act
				expressly prohibited by law, with respect to the fiscal duties of the office of
				county auditor.
The terms "fiscal duty expressly
				imposed by law" and "act expressly prohibited by law" may include a duty
				imposed by or an act prohibited by a statute contained within the Ohio Revised
				Code and/or an Ordinance or Resolution adopted by the board of county
				commissioners.
That the fiscal duty
				which,__________________________________, the auditor of said county, has
				purposely, knowingly, or recklessly failed to perform, is expressly imposed by
				the following law(s):________________________________________.
or
That the act(s) which said
				aforementioned auditor 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 county auditor to perform a fiscal duty expressly imposed
				by law, with respect to the fiscal duties of the office of county auditor, or
				of the said county auditor's purposeful, knowing, or reckless commission of any
				act expressly prohibited by law, with respect to the fiscal duties of the
				office of county auditor, 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
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 by or an act
			 prohibited by a statute contained within the Ohio Revised Code and/or an
			 ordinance or resolution adopted by the board of county
			 commissioners
(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.