1988 065 Resolution - Laserfiche WebLink

Home Browse Search

MAYFIELD VILLAGE 6621 Wilson Mills Road Mayfield Village, Ohio 44143 ADMINISTRATION (216) 461-2210 FRED N. CARMEN December 27, 1988 M¢yor Mayor Fred N. Carmen May£ield Village 6621 Wilson Mills Road Mayfield Village, OH 44143 Re: TPOal Representation for Conflict AlleQations Dear Mayor Carmen: Over the past several days, I have had the opportunity to examine the question whether there is a duty of the Municipality to provide legal representation for your benefit relating to the conflict allegations. My opinion is based upon our Charter, case and statutory law as well as the opinions of the Attorney General's Office. According to Article V, Section 4, of the Mayfield Village Charter: The Law Di=ector shall be the principal legal advisor and attorney for the municipality and its officers, departments, boards and commissions in thei= official capacities, and shall per£orm such other duties, consis- tent with this OfPice, as may be assigned from time to time by the Mayor and Council. Based on this Section„ the Charter gives the Law Director a mandatory duty to represent the Municipality and its officers in either of two situ- ations described, namely, when they are acting in an official capacity or in other duties assigned by the Mayor and Council. In determining whether such act was done in an official capacity, the circumstances must reveal that the of£icer proceeded with due caution and in good faith and has consulted with his legal advisor under a situation which he ought to consult with him. 1971 Op. Att'y Gen. No. 80. The case law is clear that public money may be used only for public pur- poses. See Kohler v. Powell, 115 OH St. 418 (1926). The issue is not whether the official in fact committed an offense, but rather whether the action was a purely private act or whether it was a public act which occurred in the furtherance or performance of official duties. 1980 Op. Att'v Gen. No. 76.