Ohio Rev. Code » Chapter 5705
Ohio Revised Code

Ohio Rev. Code § 5705.45 (2026)

Liability for wrongful payments from public funds - enforcement

✓ current as of May 2026
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Effective:
November 1, 1977
Latest Legislation:
House Bill 219 - 112th General Assembly
PDF:
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Any officer, employee, or other person who issues any order contrary to section 5705.41 of the Revised Code, or who expends or authorizes the expenditure of any public funds, or who authorizes or executes any contract contrary to sections 5705.01 to 5705.47 of the Revised Code, unless payments thereon are subsequently ordered as provided in section 5705.41 of the Revised Code, or expends or authorizes the expenditure of any public funds on any such void contract, obligation, or order, unless subsequently approved as provided in that section, or issues a certificate under the provisions thereof which contains any false statements, shall be liable to the political subdivision for the full amount paid from the funds of the subdivision on any such order, contract, or obligation. Such officer, employee, or other person shall be jointly and severally liable in person and upon any official bond that he has given to such subdivision, to the extent of any payments of such void claim. The prosecuting attorney of the county, the city director of law, or other chief law officer of the subdivision shall enforce this liability by civil action brought in any court of appropriate jurisdiction in the name of and on behalf of the municipal corporation, county, or subdivision. If the prosecuting attorney, city director of law, or other chief law officer of the subdivision fails, upon the written request of any taxpayer, to institute action for the enforcement of the liability, the taxpayer may institute suit in his own name in behalf of the subdivision.
Notes of Decisions
Cited in 3 cases, 1984–2000 · leading case: Popson v. Henn, 477 N.E.2d 465 (Ohio Ct. App. 1984).
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Popson v. Henn, 477 N.E.2d 465 (Ohio Ct. App. 1984). · cites it 18× “The instant case is a taxpayers’ action initiated under the authority of R.C. 5705.45. The relevant operative facts are set forth below.”
Laituri v. Nero, 723 N.E.2d 1119 (Ohio Ct. App. 1999). · cites it 6× “Appellant filed a taxpayer action under R.C. 5705.45 on July 29, 1994, on behalf of the city of Painesville, alleging that appellees had improperly invested city funds, which resulted in a loss to the city of $7 million.”
Laituri v. Nero, 741 N.E.2d 228 (Ohio Ct. App. 2000). · cites it 5× “On July 29, 1994, on behalf of the city of Painesville (“city”), appellant filed a taxpayer action under R.C. 5705.45, alleging that appellees improperly invested city funds, which resulted in a loss to the city of $7 million.”
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