Q:       What are the civil law duties of a city law director? 

A:        Ohio law authorizes the office of a director of law for both cities and villages. The city

law director typically is paid a salary from public funds. The term of office and duties are specified in local city charters that differ from the state statute.

The law director represents the municipality as its attorney, advises all municipal officers on issues of law, and prepares all contracts and other legal instruments, including approval of city council resolutions. Typically a city contract does not take effect unless the law director approves and signs it. 

The law director also may bring suit in court to collect funds owed to the city, and will defend the city anytime someone (including a former city employee) sues the city. 

Q:       What criminal court duties does the city law director have?

A:        If the city operates a mayor’s court, the city law director or the law director’s assistant serves as the prosecuting attorney.

In a municipal court or county court with county-wide jurisdiction, the city law director of the county seat may serve as municipal court prosecutor, even if the crime being prosecuted originated in a separate city. The municipal court handles all non-felony crimes, which most often are automobile offenses such as speeding tickets or drunk-driving charges.

Q:       Who is the city law director’s client?

A:        While the law director advises all municipal employees and officers, the “city,” as a corporate entity, is considered the lawyer’s “client.” Rather than to simply follow the instructions of a mayor or city council, the law director must exercise independent judgment in the best interests of the city as client.

Q:       May the mayor or city council hire additional lawyers?

A:        No. Only the law director has the authority to hire outside counsel or additional lawyers and assistants as necessary, with funds appropriated for the law director’s use from the city’s budget.

Q:       What does the law director do if a city official violates the law?

A:        Any person may ask the city law director to file for an injunction in court, to prevent the city from misapplying funds, abusing the corporate powers, or making an illegal contract. The city law director also can file for a “writ of mandamus,” a court order used when a public official to fails to properly perform the duties of his or her office.

Q:       What if a city law director refuses to file suit against a city official who is violating the law?

A:        If the law director fails to act, then any city taxpayer, after first sending a written request to the law director, may bring a “taxpayer’s suit” on behalf of the city.  If the lawsuit is successful, the taxpayer may be able to recover any attorney fees. 

Q:       Must a city follow all state laws?

A:        Ohio cities enjoy an Ohio Constitutional exception to following state law known as “home rule.” This allows cities to enact local law to reflect city preferences, where state law may be silent or different. 

A typical exercise of home rule is whether city government will be headed by a city manager or by an elected mayor, a matter for local citizens to choose without affecting non-residents. For instance, a city may create a domestic partner registry as long as the city creates no obligation upon registrants, the law is administered only within the city, and the law has no effect outside the city.

However, the city may not enact a local preference if the state law on the subject is a general law or the state’s exercise of a police power.  For example, a city may NOT change the election date for city voters for state or county officials, however. Also, a city may not change the jurisdiction of state courts, and it may not change utility laws relating to multi-jurisdictional utilities such as gas lines or electric transmission lines.

Q:       Must the city law director give me access to public records if I ask for them?

A:        Ohio’s Public Record Law says that all public officials must make all public records available within a reasonable time to any person requesting the records. You do not need to put your request in writing, and you may access such records, if your request is reasonable, simply by walking into a public office and asking for them. Only records that the law expressly exempts are not considered “public” records for purposes of public access.

As a practical matter, it is more likely that a public records request will be filled in a timely and complete way if you make your request in writing to the city law director. Then the law director can advise the appropriate record-keeper and coordinate a timely response.

This “Law You Can Use” legal information article was provided by the Ohio State Bar Association (OSBA). It was prepared by Luther L. Liggett, Jr., former Grandview Heights city attorney. Articles appearing in this column are intended to provide broad, general information about the law.  Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney

Q:       I have been asked to appear at a deposition as a witness in a civil case. What is a deposition?

A:        A deposition is a procedure before trial where one party to litigation gathers facts by asking the other party or non-party witnesses to answer questions. If you are called to answer questions at a deposition, you will be known as the “deponent.”  Examinations are typically made by asking oral questions, but written questions also may be used. A deposition is typically conducted outside of a courtroom—often in an attorney’s office—but you will testify under oath as you would in court.

Q:       May I have an attorney represent me at the deposition?

A:        Yes; you are allowed, but not required, to have an attorney represent you when you are deposed. Usually, a person who is being deposed as a party to a case chooses to have representation. You probably will not need representation if you are not a party and it is unlikely you will be named as a party to the litigation, but many people choose to be represented whether or not they are parties to the case.

Q:       Who will be with me at the deposition?

A:        Your attorney (if you want representation) and the parties’ attorney(s) will be present, and a stenographer and/or a videographer will record the questions and answers. The parties to the case are permitted, but not required, to be present, and if one of the parties is a business or other organization, a representative may appear on behalf of the business or organization. A deposition does not typically take place before a judge, but you should testify as though you were testifying in a courtroom before a judge and jury. 

Q:       Will I be paid for my time?

A:        As a non-party witness, you may be entitled to an attendance fee and mileage, depending on whether the matter is a federal or state court case, and the amount of travel required. The mileage and attendance fees are set by law. Parties to the case are not compensated for the time and travel associated with their depositions.   

Q:       What should I know before going to a deposition?

A:        When answering questions, always be truthful. Be sure you understand each question, or ask for clarification if you do not. You do not need to volunteer information; you only need to answer the question asked.

Q:       What if I do not know the answer to a question?

A:        Do not speculate or guess. Instead, tell the examiner you do not know the answer.

Q:       If my attorney objects to a question during the deposition, must I still answer it?

A:        Yes. Your attorney may object to a question so the judge may later rule on whether the question and/or answer was proper and should be admissible at trial. If your attorney instructs you to not answer a question, do not answer it, but if your attorney merely objects to the question, you should answer.  

Q:       How is a deposition transcript used?

A:        A deposition transcript may be used instead of a witness’s live testimony when the witness is considered “unavailable” at trial (if, for example, the witness is deceased or lives outside of the trial court’s jurisdiction and cannot be compelled to appear). A deposition transcript also may be used to impeach a witness who testifies at trial. Attorneys may, for example, point out contradictions between the witnesses’ deposition testimony and trial testimony, or contradictions between the witness’ deposition testimony and other evidence in the case.  

Q:       What if the opposing attorney does not ask me to testify about something I want to share?

A:        Once the opposing attorney examines you, your attorney may, but is not required to, ask you questions. Your attorney may decide to wait until the trial to ask questions, so do not be concerned if questions you consider to be important were not asked during deposition.  

Q:       What should I do if my deposition transcript contains errors?

A:        A deposition transcript may contain transcription errors and/or testimonial errors. A transcription error is a mistake, such as a misspelling or misuse of a word, which the stenographer might make when recording the testimony. A testimonial error occurs when the stenographer correctly records your testimony, but the testimony itself is inaccurate. For example, you may have testified during your deposition that the automobile accident occurred on a Wednesday, but later discovered that it actually took place on a Thursday. Both transcription and testimonial errors should be corrected. A document known as an “errata” sheet may be used to correct these transcript errors. 

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Cleveland attorney Terry Brennan, a partner at Baker Hostetler. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Since the late 1990s when school shootings first rose to the forefront of national concern in the United States, school districts have struggled to find effective ways to keep students and staff safe while on school property. More recent events such as the Sandy Hook Elementary School shooting have renewed concerns about school safety, and a number of state legislators and gun advocates across the country have campaigned for arming school staff. Ohio law currently includes an exception allowing certain individuals to carry concealed weapons on school grounds. School boards should assess the associated risks and consequences.

Q:       In Ohio, are there restrictions on who can possess, purchase, or carry firearms?

            A:        Yes. In Ohio, a person must be at least 21 years old to purchase a handgun, and at least 18 to purchase other firearms such as rifles and shotguns. Ohio law also prohibits individuals who are considered fugitives of the law or who have committed certain crimes to acquire or carry a firearm. Individuals who are dependent on drugs or alcohol or who are considered mentally incompetent are subject to the same prohibitions. In order to lawfully carry a concealed handgun, a person must obtain a concealed handgun license.                     

Q:       Is it legal for members of the public to bring concealed weapons on to school property?

A:        In general, it is a crime under state and federal law for a person to convey, attempt to convey, or possess a deadly weapon such as a gun in a school safety zone. A school safety zone encompasses school buildings and premises, school activities and school buses owned or operated by a city, local, exempted village, joint vocational or community school board of education or the governing board of an educational service center. This prohibition does not apply to law enforcement officers.  There are also a few limited exceptions for possession of guns during approved programs or instructional demonstrations, as well as for individuals who have a carry concealed permit and who enter a school safety zone to pick up a student. 

Q:       Can a board of education grant any exceptions to these rules?

A:        Ohio is one of a number of states that grants a public school district board of education the discretion to authorize certain individuals to carry concealed weapons on school grounds. Under Ohio Revised Code § 2923.122, a board of education may pass a resolution that permits certain individuals to carry a concealed weapon while on school property. Boards of education may use this exception to authorize members of the school staff to carry guns while at school.

   

Q:       What are the possible risks and consequences of arming school staff?

A:        While a number of schools in Ohio and throughout the country have considered arming staff as a school safety measure, there are a number of risks a school district board of education should consider when making such a decision. First, there is always a chance that a student or visitor will gain access to or control of a gun that is on school property and injure someone as a result. Second, school employees typically do not have access to the same level of training provided to law enforcement officers about use of deadly force against those, including children, who pose a safety threat. Third, many school employees do not want the responsibility of carrying a gun in school or being required to use a gun against someone else. For this reason, many teachers’ unions have lobbied against bills that would permit or even require teachers to possess guns during the school day. Fourth, school districts risk the possibility that employees will misuse a gun in their possession, and risk injuring colleagues or students. Finally, insurance companies may raise premiums or even revoke coverage for schools that arm staff members.     

This “Law You Can Use” consumer legal information article was provided by the Ohio State Bar Association. It was prepared by William Deters and Pamela Leist, both attorneys with the Cincinnati firm of Ennis, Roberts & Fischer Co., LPA. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney

Currently, no federal or Ohio statutes specifically prohibit job discrimination based on sexual orientation and/or gender identity in the private sector (or in many parts of the public sector). However, legislative efforts are underway on local, state and federal levels to protect lesbian, gay, bisexual and transsexual (LGBT) individuals in the workplace.

Q:       What is being done on the federal level to address LGBT workplace rights?

A:        On the federal level, a current executive order prohibits discrimination against federal government employees based solely on sexual orientation, and another executive order prohibits job discrimination by federal contractors on the basis of sexual orientation and gender identity. In addition, the U.S. Congress is considering the Employee Non-Discrimination Act (ENDA), which would protect all employees (private and public sector) from job discrimination based on sexual orientation and gender identity.

Q:       What is the Equal Employment Opportunity Commission’s (EEOC) position on federal laws that protect LGBT rights in the workplace?

A:        Several cases that the U.S. EEOC has decided in recent years demonstrate its position relative to LGBT rights. In 2012, the Commission ruled in Macy v. Dept. of Justice that Title VII of the Civil Rights Act of 1964, which prohibits discrimination against an individual on the basis of gender identity or transgender status, applied to the case.

            In 2013, the Commission ruled in Brooker v. U.S. Postal Service that lesbian, bisexual and gay individuals may experience discrimination on the basis of sex, including, but not limited to, sexual harassment, and that sex discrimination includes adverse actions (such as employment restrictions) taken because of someone’s failure to conform to sex-stereotypes.

            The Commission also takes the position that lesbian, gay and bisexual individuals have a right to file a sex discrimination complaint through the federal sector EEO complaint process.

Q:       Does any Ohio law prohibit LGBT workplace discrimination?

A:        No. There is currently no state law that addresses LGBT workplace discrimination. However, Governor Kasich signed an executive order that prohibits discrimination against state government employees on the basis of sexual orientation. This order does not, however, prohibit discrimination on the basis of gender identity.

Q:       What is being done at the local level to help protect LGBT employees?

A:        Within Ohio, a dozen municipalities (including most of the state’s larger cities) now prohibit discrimination based on sexual orientation and/or gender identity in private and public employment. These include the cities of Athens, Bowling Green, Canton, Cincinnati, Cleveland, Columbus, Coshocton, Dayton, Newark, Oxford, Toledo and the Village of Yellow Springs.

            Also, five other Ohio municipalities currently prohibit discrimination based on sexual orientation and/or gender identity in public employment only. These include the cities of Akron, Cleveland, Heights, Gahanna, Hamilton and Oberlin.

This “Law You Can Use” article was provided by the Ohio State Bar Association. It was prepared by Susan Keating Anderson, a partner in the Education Law Practice Group of Cleveland-based Walter | Haverfield, LLP. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.