Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-7 - Townships › Section 117-7-03 - Filing affidavit of failure of performance of township 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
			 507.13
			 of the Revised Code shall be in the following form and manner:
"AFFIDAVIT (Type or print full name)
The undersigned, being ______ a resident or residents of
				___________________________ Township, ________________________ County, Ohio,
				after being duly cautioned and sworn, hereby state as follows:
That _________________________________, the fiscal officer of
				said township 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 township fiscal officer, or has purposely, knowingly, or recklessly
				committed any act expressly prohibited by law, with respect to the fiscal
				duties of the office of township fiscal officer.
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 any statute contained within the Ohio
				Revised Code, as well as any Resolution adopted by the board of township
				trustees.
That the fiscal duty
				which,__________________________________, the fiscal officer of said township,
				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 township fiscal officer to perform a
				fiscal duty expressly imposed by law, with respect to the fiscal duties of the
				office of township fiscal officer, or of the said township fiscal officer's
				purposeful, knowing, or reckless commission of any act expressly prohibited by
				law, with respect to the fiscal duties of the office of township fiscal
				officer, 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
__________________________________________________
SIGNATURE OF AFFIANT
__________________________________________________
ADDRESS OF AFFIANT
__________________________________________________
EMAIL ADDRESS OF AFFIANT
__________________________________________________
PHONE NUMBER OF AFFIANT
__________________________________________________
SIGNATURE OF AFFIANT
__________________________________________________
ADDRESS OF AFFIANT
__________________________________________________
EMAIL ADDRESS OF AFFIANT
__________________________________________________
PHONE NUMBER OF AFFIANT
__________________________________________________
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 by or an act
			 prohibited by any statute contained within the Ohio Revised Code, as well as
			 any resolution adopted by the board of township trustees.
(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.