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~s <br />RICHARD 60RROR ~ ~~~'' ~~ ~„ ~~~~~~'~~~~ .fOHt~i A_ E31_U~} <br />Deputy Audi-tor <br />Deouiy Auditor <br />AUDITOR ~lF STATE <br />' CHARLES E. F,}AUGER <br />•,}. L. i'IiL!_lA~hs ~ ~ COLUMBUS, OHIO ~s?za Deputy Auditor <br />_.; o; Administration ~ - <br />r~.y 1 ~, 1976 <br />l: "~`: ~-~~ ; X7:1 <br />Z•Ir. John D. Relic . <br />Fir_an.ce Director - .., <br />Village of Z~~.yfield i.,ti~. . ,~:~a:•o=~.:_,: <br />6621 Z•iilson 2Li11s Road ~,f;? 1 ' :~~ ~~ E':' it ' ~ ~ ~ <br />2`~.yfield, Ohio ~-~-i43 <br />Dear r1r. Relic: <br />I am in receipt of your letter da~.ed May ~, 1976, and accompanying <br />materials, in w~nich you inquire a~out the ~.tter concerning Councill~an <br />I}s~,'rence J. Flynn> I first wish .o commend you on your presentation <br />of the issue involved. It~ was b:,~h 'thorough and concise. . . <br />Section 2921.2 of the Ohio Re~iY;~d Code refers to one who is a "public . <br />official." Therefore, to test i s applicability, its necessaxr,~ -to <br />detex~ine when ~•Ix°. Flynn became a public official. The -term "public <br />official" is defir_ed in Section 221.01 of the Ohio Revised Code as <br />"any elected or appointed afficeF, or employee, or au~en`t of the state <br />- or any political subdivision the.^of, w'nethey in a temporary or - . <br />percent capacity, and includi=~ ~~=ithout limitation le isla1~,ors, <br />judges, and law enforcement off:=~,rs." (~prlasis added. Indeed, while <br />the s section defines "public se= r~.nt" so as 'to include candidates for <br />' office, it specifically does not iLClude candidates in "public official." <br />Since Section 2921.2 refers '~ a public official;. and. since "public <br />official" does not include candi~3~-~tes for office, elected or not; and <br />since Z•1r. Flynn did not become z Gouncilrvan until 1976, Section 2921.~i-2 <br />of the O'aio Revised Code did no apply to 2•~r. Flynn at the time he <br />submitted the invoice dated December 20, 1975- <br />However, it is my understanding thst Mr• Flynn has not yet received <br />compensation for the services ~~~uded in his invoice dated December <br />26, 1975• Further, it is appar ~s that 2`r. Flynn. is presently a <br />"public official" as defined in t__e above paragraph. Therefore, Section <br />2921.x+2 of the Ohio Rev! sed Code ~nplies to I~Ir. Flynn at the present <br />time. <br />.. <br />- . l.~ <br />.c U <br />L~ <br />~L <br />:'~' <br />4~ ~ ~ <br />1,-` <br />_.~~ <br />In!o~~ationl_~'•~'_„ ~<<e i-300-232-0370 <br />