North College Hill - Possible New 9.68 Violation

A sub-forum for the purpose of discussing ORC 9.68 compliance. This sub-forum is strictly for the discussion of progress in individual cities and their respective parks.

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This sub-forum is strictly for the purpose of submitting of, and status updates related to, ORC 9.68 compliance. This could mean park bans, open carry bans, or anything that is a compliance issue. Note the format in which original threads were created. We'll track each individual case here and post updates if assistance is needed, etc. You may start a new thread here to notify us of a non-compliant scenario. Please try to research contact information for each city, village, etc, Email, fax, and postal addresses are great. Digital photos of infractions (Signs) are ideal. With limited exceptions this is NOT a discussion forum.

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MyWifeSaidYes
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Re: North College Hill - Possible New 9.68 Violation

Post by MyWifeSaidYes »

Especially when you outsource the position entirely.

Click on their "Departments - City Attorney" link:
Appointed by the City Council to serve as the City’s legal advisor, the City Attorney is responsible for providing legal advice to the Mayor, City Council, and City staff; preparing legal opinions; reviewing and drafting of ordinances, resolutions, contracts, and other legal documents; enforcing violations of the Municipal Code; and defending lawsuits against the City and its officials and staff.

The City of North College Hill contracts with the law firm of Ennis, Roberts & Fischer for City Attorney services.
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schmieg
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Re: North College Hill - Possible New 9.68 Violation

Post by schmieg »

MyWifeSaidYes wrote:Especially when you outsource the position entirely.

Click on their "Departments - City Attorney" link:
Appointed by the City Council to serve as the City’s legal advisor, the City Attorney is responsible for providing legal advice to the Mayor, City Council, and City staff; preparing legal opinions; reviewing and drafting of ordinances, resolutions, contracts, and other legal documents; enforcing violations of the Municipal Code; and defending lawsuits against the City and its officials and staff.

The City of North College Hill contracts with the law firm of Ennis, Roberts & Fischer for City Attorney services.
Most of the smaller cities in Ohio can't afford a full time Law Director. Back when I was practicing law, getting the law director appointment was a big thing for small firms because it would pay for office overhead and allow most of the attorneys to make higher profit.
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Re: North College Hill - Possible New 9.68 Violation

Post by JediSkipdogg »

Heck, the city I work for doesn't have a full time one and we have money out the wazoo. We contract with Dinsmore and Shohl. And they are top notch.
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I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
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Re: North College Hill - Possible New 9.68 Violation

Post by schmieg »

JediSkipdogg wrote:Heck, the city I work for doesn't have a full time one and we have money out the wazoo. We contract with Dinsmore and Shohl. And they are top notch.
And they aren't cheap.
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Re: North College Hill - Possible New 9.68 Violation

Post by MyWifeSaidYes »

Haven't heard back from NCH, but the City of Maple Heights has already tried this:

http://www.sconet.state.oh.us/rod/docs/ ... o-4576.pdf" onclick="window.open(this.href);return false;
{¶ 44} Ohio permits the imposition of vicarious criminal liability against organizations
under R.C. 2901.23(A)(2) when (1) the General Assembly expresses an intention to impose
liability, (2) the act constituting a criminal offense was committed by the employee on behalf
of the organization, and (3) the act was within the scope of employment. Ohio does not,
however, allow for the imposition of individual vicarious criminal liability under R.C.
2901.21(A)
.

{¶ 45} The city’s ordinance very plainly imposes individual vicarious criminal liability
because it does not require that the offender commit any act or omission as a predicate for
culpability. An offense is committed by a parent once the child “has committed a status
offense, unruly act or a delinquent act that would be a misdemeanor or felony of any degree
if committed by an adult.” Our conclusion is inescapable: the ordinance allows that which
R.C. 2901.21(A) prohibits and is in direct conflict with R.C. 2901.21(A).
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