Chapter 9

Common Situations and Gotchas

In this chapter

"I just got elected. Now what?" #

Take the oath of office. Required by the Ohio Constitution, Article XV, Section 7.
Complete Sunshine Law training within your first year. This is mandatory ORC 109.43.
If you are the fiscal officer: get access to UAN or whatever accounting system the village uses. Contact the Auditor of State for UAN training.
Get copies of key documents. All current ordinances, the most recent audit report, the current budget, and bank statements.
Meet with the outgoing official if possible. Ask about pending issues, deadlines, and anything that needs immediate attention.
Collect contact information for: your county auditor, county prosecutor, AOS regional office, and the Ohio Municipal League.

Home rule gives villages broad authority, limited by general state law. Two categories matter most.

Police power covers regulating conduct, health, and safety. A village ordinance cannot conflict with state law.

Local self-government covers internal structure, property, and operations. Villages have more flexibility here.

Can the village regulate chickens or livestock? Yes, through zoning or police power.
Can it set speed limits? Yes ORC 4511.07.
Can it require building permits? Yes.
Can it annex property? Yes, but the process is complex ORC Chapter 709.
Can it create a new fund? Yes, with council authorization.
Can it borrow money? Yes, through notes and bonds per ORC Chapter 133. Budget commission certification is required.

Acknowledge the request promptly. Do not ask why they want the records.
Identify the records requested. If unclear, ask for clarification, but do not use ambiguity to delay.
Determine if any exemptions apply. If so, redact exempt portions and provide the rest.
Provide within reasonable time. Simple requests (minutes, ordinances, financial reports) should be fulfilled same-day or next-day.
If extensive search is required, give the requester a timeline and keep them updated.
Charge only actual cost of copying. No charge for staff time. Electronic records must be provided electronically if requested.
If you deny any part, state the specific legal exemption in writing.
Keep a log of records requests.

Failure to comply can result in $100 per day in statutory damages plus attorney fees ORC 149.43(C).

The member must disclose the conflict.
The member must recuse from all discussion and voting.
Recusal means leaving the room, not just abstaining from the vote.
If the member's business is the only option, safe harbor under ORC 2921.42(C) may apply. All four conditions must be met.
Document everything: disclosure, recusal, reasons, and vote.
When in doubt, contact the Ohio Ethics Commission for an advisory opinion before acting.

The mayor is the executive. Council is the legislative body. Both have distinct powers.
The mayor can veto ordinances and resolutions. Council overrides with a two-thirds vote.
The mayor appoints certain officers. Council confirms.
Council controls the budget and appropriations.
In practice, in a village of 300, the mayor and council need to work together.

Village dissolution is governed by ORC 703.20-703.201.

A village under 150 population may be subject to dissolution if it fails to provide basic services.

Dissolution means the village ceases to exist as a municipal corporation. Services revert to the township. Tax levies end. Ordinances become void.

Some villages may want to dissolve voluntarily. Others may want to understand how to avoid it.

The restriction is on the official using their authority to secure the hire, not on the family relationship itself.
If the mayor is not the appointing authority for the position, there may be no conflict.
If the mayor is the appointing authority, consult the Ethics Commission.
Document everything. Transparency is the best protection.