Township funds- merger commission 

2-10 OAG 94-003 Attorney General OPINION NO. 94-003 Syllabus: A board of township trustees may not donate township funds to a merger commission estabHshed under RC. 709.45-.46. To: Michael Miller, Franklin County Prosecuting Attorney, Columbus, Ohio By: Lee Fisher, Attorney General, March 17, 1994 You have requested an opinion on the following question: "Maya board of trustees of a township, which is the object of a potential statutory township-village merger, donate funds to a merger commission, established pursuant to Sections 709.45 and 709.46, Revised Code of Ohio, in order to draw up a statement of conditions for that merger?" !Joards of Township Trustees as Creatures of Statute It is well settled that, as a creature of statute, a board of township trustees "can exercise only those powers conferred by statute, or such others as are necessarily to be implied from those granted, in order to enable them to perform the duties imposed upon them." Trustees of New London Township v. Miner, 26 Ohio St. 452, 456 (1875), Further, township funds, as public funds, may be disbursed only by clear authority of law. See State ex rei. Smith v. Maharry, 97 Ohio St. 272, 119 N.E. 822 (1918) (syllabus, paragraph one). Thus, in order for a board of township to contribute township funds to a merger commission established in accordance with RC. 709.45-.46, there must exist a clear grant of statutory authority to make such a contribution. Merger of Township and Village The expenditure of funds about which you ask involves the potential merger of a township and a village in accordance with RC. 709.43-.48. See generally R.C. 709.43 (defining "merger," as used in RC. 709.43-.48). RC. 709.45 provides for the filing of a petition with the board of elections proposing, among other things, the merger of the unincorporated area of a township with a municipal corporation. RC. 709.45 further provides for the election "from each of the component political subdivisions, of five electors who shall constitute the commission to draw up the statement of conditions for merger of the political subdivisions. " RC. 709.46 describes the composition and functions of the merger commission, in part, as follows: [Tlhe five candidates from each such political subdivision shall be elected to the commission to formulate the conditions of merging the political subdivisions. The first meeting of such commission shall be held ... in the case of a merger of the unincorporated area of a township and a municipal corporation located adjacent to or wholly or partly within the township in the office of the board of township trustees .... The commission shall elect its own penn anent officers and shall proceed to meet as often as necessary to formulate conditions for merger that are satisfactory to a majority of the members of such commission from each political subdivision .... As soon as the conditions have been agreed upon by a majority of the members of the commission from each political subdivision, this fact shall be reported to the board of elections of each of the counties in which 2-11 1994 Opinions OAG 94-004 the political subdivisions proposed for merger are located and the question shall be submitted to the voters at the next general election occurring after the commission is elected. No provision is made within RC. 709.43-.48, however, for any of the political subdivisions proposed for merger to contribute funds to the operation of the commission. Statutory Powers of Township to Expend Township Funds The powers and duties of boards of township trustees are set forth primarily in R C. Title 5. No provision witrJn RC. Title 5 or elsewhere in the Revised Code, however, expressly authorizes a township to donate its funds to a merger commission created in accordance with RC. 709.45-..46. Further. no such authority may be implied. Rather, where the General Assembly intends to authorize a board of township trustees to make contributions of township funds to other entities, it has expressly done so. See, e.g., RC. 505.70(A} (authority to give financial assistance to private or governmental agencies or organizations "in establishing and operating any federaJ program enacted by tt· congress of the United States"); RC. 505.703 (authority to "appropriate township general re\ ~nue fund moneys not appropriated for any other purpose to a county office of economic development"); RC. 505.80 (allowing use of township general fund moneys "by the township or by joint agreement with one or more other political subdivisions or by private, nonprofit organizations for the public purpose of encouraging economic development of the township or area through promotion of tourism"). See also RC. 5535.08 (permitting a board of township trustees to contribute to the repair and maintenance of roads under the control of the board of county commissioners, or to expend any funds available for road construction, improvement, or repair upon roads within a village). In the absence of a statute expressly authorizing a board of township trustees to contribute township funds to a merger commission created in accordance with RC. 709.45-.46, the board may not make such contribution. See 1988 Op. Att'y Gen. No. 88-088 (syllabus, paragraph five) ("[a]bsent authority based on statute, a board of township trustees is not empowered to contribute township funds to private groups opposing actions which may affect the township or its residents"). Conclusion Based on the foregoing, it is my opinion, and you are hereby advised that a board of township trustees may not donate township funds to a merger commission established under R. C. 709.45-.46. OPINION NO. 94·004 Syllabus: R. C. 5705 . 14(D} does not authorize a township to transfer to a joint fire district of which it is a member the balance remaining in a special fund, created in accordance with RC. 5705.09(D}, that contains the proceeds of a tax levied by the township under R. C. 5705 .19(1}. The township may, however, transfer the unexpended balance remaining in such fund to another fund of the township, including the township's general fund, in accordance with the terms and conditions of RC. 5705.14(D). To: David A. Sams, Madison County Prosecuting Attorney, London, Ohio By: Lee Fisher, Attorney General, March 18, 1994 March 1994