From: Betts, Christopher
Sent: Friday, July 10, 2009 12:11 PM
To: Kaitsa, George
Cc: Owen, William
Subject: BMV Lease
This email responds to the voicemail you left for me last evening (7‐9‐09). In your voicemail, you
requested that I provide you with authority supporting the invalidity of the lease for the BMV space with
Tuller Square Northpointe LLC. Specifically, you asked for authority supporting why the signature on the
lease of Former County Auditor Todd Hanks was insufficient to create a valid lease.
As you are aware, a county and a county auditor are creatures of statute. In other words, they are both
created by statute and, as a result, have only the authority specifically bestowed upon them by statute.
Relative to the current circumstances, this means that the Ohio Revised Code would need to specifically
grant authority to a county auditor to sign a lease for office space. I am unaware of any statute that
provides such authority. Thus, the county auditor, on his or her own, lacks authority to enter a lease for
The board of county commissioners, pursuant to RC 307.02, has the authority to acquire office space for
county offices, including office space for the county auditor. This means that the board of county
commissioners must approve any lease for office space. Given that only the board of commissioners, not
the county auditor, has such authority and that the lease was not approved or signed by the
commissioners, the lease is invalid.
Hopefully this information is helpful. Should you have any questions or need anything further, please feel
free to contact me. Thanks.
Christopher D. Betts
Assistant Prosecuting Attorney
Delaware County Prosecuting Attorney's Office
140 North Sandusky Street, 3rd Floor
Delaware, Ohio 43015
Telephone: (740) 833‐2690
Facsimile: (740) 833‐2689