Ohio Admin. Code 117-5-04 - Filing affidavit of failure of performance of county treasurer
(A) If a county treasurer purposely,
knowingly, or recklessly fails to perform a fiscal duty expressly imposed by
law, with respect to the fiscal duties of the office of county treasurer, or
purposely, knowingly, or recklessly commits any act expressly prohibited by
law, with respect to the fiscal duties of the office of county treasurer, the
county auditor of the county or a county commissioner of the county 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 ______ the auditor or ______ a county commissioner of ________________________ County, Ohio, hereby states as follows:
That, _________________________________, the treasurer of said county 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 county treasurer, or has purposely, knowingly, or recklessly committed any act expressly prohibited by law, with respect to the fiscal duties of the office of county treasurer.
The facts constituting the purposeful, knowing, or reckless failure of the said county treasurer to perform a fiscal duty expressly imposed by law, with respect to the fiscal duties of the office of county treasurer, or of the said county treasurer's purposeful, knowing, or reckless commission of any act expressly prohibited by law, with respect to the fiscal duties of the office of county treasurer, 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
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
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