AGO 1993-027.

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

Ohio Attorney General Opinions 1993. AGO 1993-027. October 27, 1993OPINION NO. 1993-027David E. Aldstadt, Director Governor's Office of Veterans' Affairs 77 South High Street Columbus, Ohio 43266-0601 Dear Director Aldstadt: You have requested an opinion on the following question:

"Do the Veterans Service Commissioners or the County Commissioners have the authority to set the policy [governing payment for unused sick leave for employees of the veterans service commission]?" Information submitted with your opinion request indicates that your concern arises from a situation involving a particular employee of a county veterans service commission. This person became employed as a county veterans service officer in 1989. He had previously been employed by the state until some time in the mid-1980's, at which time he received payment for his unused sick leave accrued in his state employment. You question whether payment for this employee's accrued, unused sick leave at the time he leaves his employment with the county veterans service commission is governed by the plan adopted by the board of county commissioners for county employees generally, or whether the veterans service commission may adopt a sick leave payment policy different from that adopted by the county commissioners and pay the employee according to its own plan.

Veterans Service Commission Employees R.C. 5901.02 establishes in each county a veterans service commission. The authority of the veterans service commission to employ veterans service officers is set forth in R.C. 5901.07, stating in part: "The veterans service commission shall employ one or more county veterans service officers, who shall be veterans.... The commission shall employ each service officer on a part- or full-time basis and fix his compensation." (Emphasis added.) Thus, R.C. 5901.07 empowers the veterans service commission to hire veterans service officers and to fix their compensation. County Appointing Authority's Powers to Prescribe Compensation It is well established that the power to fix an employee's compensation includes the power to prescribe fringe benefits, subject to any statutory restrictions on such power to compensate. See Ebert v. Stark County Board of Mental Retardation, 63 Ohio St. 2d 31, 406 N.E.2d 1098 (1980). Since a veterans service commission is a commission...