AGO 1993-024.

• Case Date: October 27, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-024. October 27, 1993OPINION NO. 1993-024The Honorable John F. Holcomb Butler County Prosecuting Attorney 216 Society Bank Building P.O. Box 515 Hamilton, Ohio 45012 Dear Prosecutor Holcomb: You have requested an opinion on the following matters:

1. Is the purchase of work-related travel, food and lodging expenses purchased outside of the State of Ohio by a credit card pursuant to O.R.C. Sec. 301.27 an exception to O.R.C. Sec. 307.86, the competitive bidding statute?

2. Is the purchase of work-related travel, food and lodging expenses purchased within the State of Ohio but outside the home county by a credit card pursuant to O.R.C. 301.27 an exception to O.R.C. Sec. 307.86, the competitive bidding statute?

3. Is the purchase of work-related travel, food and lodging expenses purchased within the home county by a credit card pursuant to O.R.C. Sec. 301.27 an exception to O.R.C. Sec. 307.86, the competitive bidding statute?

4. May county employees while in the scope of their employment purchase gas and oil for a county vehicle from a service station located within the home county by using a credit card pursuant to O.R.C. Sec. 301.27 when the total cost of gasoline and oil per year exceeds $10,000?

5. Does the county have to obtain gasoline and oil purchased by credit cards pursuant to O.R.C. Sec. 301.27 for county vehicles operating within the home county through competitive bidding of the service stations within the home county when the total cost of gasoline and oil per year exceeds $10,000?

Background

R.C. 301.27(A) permits a board of county commissioners, upon application from a county appointing authority, to "authorize an officer or employee of the appointing authority to use a credit card held by the board or the appointing authority to pay work-related travel, food, and lodging expenses." R.C. 301.27(B) further states that, "[e]very officer or employee authorized to use a credit card held by the board or appointing authority shall submit to the board by the first day of each month an estimate of his work-related travel, food, and lodging expenses for that month." Thereafter, the board "may revise the estimate and may authorize the officer or employee to incur debt for such expenses against the county's credit up to the estimated amount." Id. R.C. 307.86 reads, in relevant part, as follows:

Anything to be purchased...including, but not limited to, any product, structure, construction, reconstruction, improvement, maintenance, repair, or service, except the services of an accountant, architect, attorney at law, physician, professional engineer, construction project manager, consultant, surveyor, or appraiser by or on behalf of the county or contracting authority, as defined in section 307.92 of the Revised Code, at a cost in excess of ten thousand dollars, except as otherwise provided in division (D) of section 713.23 and in

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