Ohio Revised Code
Chapter 3316 | Fiscal Watches, Emergencies
Section 3316.19 | Prohibited Acts During Fiscal Emergency.

Effective: June 20, 1996
Latest Legislation: Senate Bill 310 - 121st General Assembly
(A) During a fiscal emergency period for a school district, no school board member, officer, or employee of the school district shall do any of the following:
(1) Knowingly enter into any contract, financial obligation, or other liability of the school district involving an expenditure, or make any expenditure in excess of the amount permitted by the commission pursuant to this chapter;
(2) Knowingly enter into any contract, financial obligation, or other liability of the school district, or knowingly execute or deliver debt obligations, or transfer, advance, or borrow moneys from one fund of the school district to or for any other fund of the school district where any of such actions are required to be approved by the school district financial planning and supervision commission unless such actions have been so approved as provided in or pursuant to this chapter;
(3) Knowingly fail or refuse to take any of the actions required by this chapter for the preparation or amendment of the financial recovery plan, or knowingly prepare, present, or certify any information or report for the commission or any of its employees, advisory committees, task forces, or agents that is false or misleading or that is recklessly prepared or presented without due care for its accuracy, or, upon learning that any such information is false or misleading, or was recklessly prepared or presented, knowingly fail promptly to advise the commission, or the employee, advisory committee, task force, or agent to whom such information was given, of that fact;
(4) Knowingly use or cause to be used moneys of a fund for purposes other than the lawful purposes of the fund, or knowingly use or cause to be used moneys of a fund created for the payment of principal and interest on debt obligations, or a bond retirement fund, or sinking fund for other than the payment of the principal of and interest on debt obligations or other authorized costs or payments from such funds, or knowingly fail to perform the duty of such officer or employee to cause the prompt deposit of moneys to any fund.
(B) The prohibitions set forth in division (A) of this section are in addition to any other prohibitions provided by law for a school district officer or employee.
(C) In addition to any other penalty or liability provided by law for a school district board member, officer, or employee, a violation of division (A)(1), (2), (3), or (4) of this section is a misdemeanor of the second degree. Upon conviction of any officer or employee of a school district for any violation under division (A)(1), (2), (3), or (4) of this section, such officer or employee shall forfeit office or employment.

Structure Ohio Revised Code

Ohio Revised Code

Title 33 | Education-Libraries

Chapter 3316 | Fiscal Watches, Emergencies

Section 3316.01 | Fiscal Watch - Fiscal Emergency Definitions.

Section 3316.02 | Solvency Assistance Fund - Shared Resource Account - Catastrophic Expenditures Account.

Section 3316.03 | Auditor of State to Declare Fiscal Watch or Fiscal Emergency.

Section 3316.031 | Identifying Unsafe Fiscal Practices and Budgetary Conditions.

Section 3316.04 | Submitting Financial Plan After Declaration of Watch.

Section 3316.041 | Restructuring or Refinancing Loans.

Section 3316.042 | Performance Audits of School District.

Section 3316.043 | Revision of Five-Year Projection to Conform to Financial Plan.

Section 3316.05 | Financial Planning and Supervision Commission.

Section 3316.06 | Commission to Adopt Financial Recovery Plan.

Section 3316.061 | Dissolution of Commission for Failure to Comply and Appointment of Fiscal Arbitrator.

Section 3316.07 | Commission - Powers, Duties and Functions.

Section 3316.08 | Annual Determination of Operating Deficit - Tax Levy Proposal.

Section 3316.09 | Expenses of Commission and Members of Commission to Be Paid.

Section 3316.10 | School District Board to Develop Financial Accounting and Reporting System.

Section 3316.11 | Board, Officers and Employees to Provide Commission With Fiscal Information.

Section 3316.12 | Effect of Financial Recovery Plan.

Section 3316.13 | Duty to Act Pursuant to Certification, Notification, Order or Request of Commission.

Section 3316.14 | Prior Approval of Commission Required for Debt Obligation.

Section 3316.16 | Criteria for Termination of Commission.

Section 3316.17 | Commission May Remove Superintendent or Treasurer of School District.

Section 3316.18 | Severability.

Section 3316.19 | Prohibited Acts During Fiscal Emergency.

Section 3316.20 | School District Solvency Assistance Fund; Shared Resource Account; Catastrophic Expenditures Account.