Ohio Admin. Code 117-13-01 - Filing affidavit of failure of performance of fiscal officer
(A) If a municipal fiscal officer,
as defined in section 733.78 of the Revised Code, purposely, knowingly, or
recklessly fails to perform a fiscal duty expressly imposed by law, with
respect to the fiscal duties of said office, or purposely, knowingly, or
recklessly commits any act expressly prohibited by law, with respect to the
fiscal duties of said office, a member of the legislative authority of the
municipal corporation may submit a sworn affidavit alleging the violation,
together with evidence supporting the allegations to the auditor of state. Any
person who knowingly makes a false statement in such a sworn affidavit is
guilty of falsification under section 2921.13 of the Revised Code, a felony of
the third degree.
"AFFIDAVIT (Type or print full name)
The undersigned, being a member of the legislative authority of the following municipal corporation, to wit: ___________________________ , ________________________ County, Ohio, hereby states that _________________________________, the or a fiscal officer of said municipal corporation has purposely, knowingly, or recklessly failed to perform a fiscal duty expressly imposed by law, with respect to the fiscal duties of said office, or has purposely, knowingly, or recklessly committed any act expressly prohibited by law, with respect to the fiscal duties of said office.
The substance facts
constituting the of the purposeful,
knowing, or reckless failure of the said fiscal officer to perform a fiscal
duty expressly imposed by law, with respect to the fiscal duties of said
office, or of the said fiscal officer's purposeful, knowing, or reckless
commission of any act expressly prohibited by law, with respect to the fiscal
duties of said office, 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
EXHIBTS
__________________________________________________
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:"
Notes
Promulgated Under: 117.20
Statutory Authority: 117.43, 117.45
Rule Amplifies: 117.43, 117.45
Prior Effective Dates: 11/16/2015, 12/12/2016
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.