AGO 1993-061.

• Case Date: December 21, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-061. December 21, 1993OPINION NO. 1993-061The Honorable James A. Philomena Mahoning County Prosecuting Attorney 120 Market Street Youngstown, Ohio 44503-1726 Dear Prosecutor Philomena: You have requested an opinion on the following question:

In regard to R.C. 307.07, may a board of county commissioners enter into contracts to develop and promote economic development where a director of economic development has not been appointed by the board of county commissioners and where the county commissioners have not entered into an agreement with a county planning commission, nor entered into an agreement with the Ohio cooperative extension service?

Whether the board of county commissioners may enter into contracts to develop and promote economic development in the manner you describe depends upon whether the board has been expressly or impliedly authorized to do so by statute. See State ex rel. Shriver v. Board of County Commissioners, 148 Ohio St. 277, 74 N.E.2d 248 (1947).

County Plan of Economic Development

R.C. 307.07, concerning economic development within a county, states, in pertinent part:

(A) The board of county commissioners, by resolution, may create an office of economic development, to develop and promote plans and programs designed to assure that county resources are efficiently used, economic growth is properly balanced, and that county economic development is coordinated with that of the state and other local governments. For this purpose, the board may appropriate moneys from the county general fund, or, pursuant to [R.C. 307.64], moneys derived from a tax levied pursuant to [R.C. 5705.19(EE)], for the creation and operation of the office for, any economic development purpose of the office, and to provide for the establishment and operation of a program of economic development. The board may hire a director of economic development,who shall be a member of the unclassified civil service, and fix his compensation; or may do any of the following:

(1) Enter into an agreement with a county planning commission within the county, created under [R.C. 713.22], or a regional planning commission, created under [R.C. 713.21], regardless of whether the county is a member of the commission, to carry out all of the functions and duties of a director of economic development under division (B) of this section. Any agreement shall set forth the procedure by which the county or regional planning commission shall gain the approval of the board of county commissioners for any actions, functions, and duties under division (B) of this section....

(2) Enter into an agreement with the Ohio cooperative extension service, providing for the

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