LAW DIRECTOR’S OPERATIONS
Powers and Duties
By statute the Law Director is to oversee, and in many cases prepare City contracts, review bonds and other instruments in writing which involve the City. The Law Director is required to serve all the Directors and Officers as provided in the Ohio Revised Code Chapter 7 as their Legal Counsel and Attorney.
The Mayor’s Court, now known as the Findlay Municipal Court, falls under the jurisdiction of the Director of Law’s Office and said office is responsible to provide Prosecutors for said Court.
In his capacity, the Law Director’s Office is responsible for prosecuting all cases brought before said Court and performs the same or similar duties as are required of the Prosecuting Attorney of the County. The Law Director or his designee is required to prosecute and/or defend on behalf of the City all complaints, suits or controversies in which the City is a party and any other suits or matters in controversies as he is directed by resolution or ordinance by Council to prosecute.
The Law Director’s Office is required to give opinions to all City officers when requested to do so. The statute says that said officer is required to ask for said opinion in writing but that has not been a steadfast rule of the current Law Director’s Office. The Law Director is then required to respond in a reasonable amount of time either orally or in writing. This extends to all Officers and Directors named in Chapter 7 of the Ohio Revised Code as well as the legislative authority.
When the Law Director becomes aware of a misapplication of funds or an abuse of its corporate powers by a public official or upon the execution or performance of a contract made on behalf of the Municipal Court Corporation in contravention to the laws of the State of Ohio or ordinance governing it, he shall apply through the appropriate court for an injunction restraining said wrongdoing.
The Law Director is authorized to seek specific performance for the contract lawfully entered into by the Municipal Corporation which is not being honored.
If a public officer of the City of Findlay fails to perform a duty expressly enjoined by law or ordinance, the Law Director is authorized to seek a Writ of Mandamus compelling the performance of said duty.
Also, a taxpayer can request the Law Director bring an action for Writ of Mandamus, specific performance or injunctive relief.
The foregoing was a brief synopsis of the statutory duties of the Director of Law as set for in Chapter 7 of the Ohio Revised Codes specifically 733.49 through 733.61.
The Law Director’s Office is also required to give advice to any and all City departments, and when necessary, provide legal action for and on behalf the City Income Tax Department as well as sitting on the Income Tax Board, attending and advising, and in some cases defending the City Planning Commission.