AGO 1993-066.

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

Ohio Attorney General Opinions 1993. AGO 1993-066. December 21, 1993OPINION NO. 1993-066The Honorable J.B. Collier, Jr.Lawrence County Prosecuting Attorney Lawrence County Court House Ironton, Ohio 45638 Dear Prosecutor Collier: You have requested an opinion concerning the language of R.C. 339.03 that permits trustees of a county hospital to recover their reasonable expenses incurred in the performance of their duties. The relevant provision states:

The trustees shall serve without compensation, but shall be allowed their necessary and reasonable expenses incurred in the performance of their duties, including the cost of their participation in such continuing education programs or developmental programs as the trustees consider necessary.

R.C. 339.03 (emphasis added). Your letter notes that the statute clearly permits reimbursement of costs of participating in continuing education programs or developmental programs. You are interested in a determination of other sorts of expenses that might be included within this provision. It is assumed that in each case the actual expenses incurred will be itemized and proper documentation will be provided.(fn1)

Authority of a Board of County Hospital Trustees

A board of county hospital trustees is created pursuant to R.C. 339.02 and is given broad authority over the county hospital. See, e.g., 1966 Op. Att'y Gen. No. 66-006; 1952 Op. Att'y Gen. No. 1126, p. 97. R.C. 339.06(A) grants the board "the entire management and control of the hospital" and authorizes the board to "establish such rules for its government and the admission of persons as are expedient." 1952 Op. No. 1126 recognized "the principle that where powers are conferred upon a board to operate and manage an institution intended for the public welfare, a large amount of discretion must be vested in such trustees, and...the statute can not undertake to enumerate in detail every movement that they may make." 1952 Op. No. 1126 at 103. Thus, the general standard for recovery of expenses is that the board may incur "such expenses as are reasonably necessary for the proper conduct and efficient use of the hospital." 1925 Op. Att'y Gen. No. 2628, p. 463 at 464 (quoted in 1952 Op. No. 1126 at 103). A board of county hospital trustees has authority to adopt rules (or bylaws) defining the types of expenses that will be...