State v. Hale

In State v. Hale (1991), 60 Ohio St.3d 62, 573 N.E.2d 46, the attorney general sought recovery of money from appointed members and executive directors of the Ohio Civil Rights Commission, who had received excess compensation contrary to law. The Ohio Supreme Court in Hale upheld the finding of liability against the executive director of the Ohio Civil Rights Commission, who was a public official appointed to his position. In Hale, the facts were that this individual "initiated the payroll information that resulted in the illegal payments to the commissioners;" he "exacerbated the overpayment situation" by making certain representations in a letter to the State Auditor. The court reasoned that "Brown was the commission's 'principal administrative officer' and, in that capacity, he was required to correctly report the number of hours the commissioners attended meetings. The active misrepresentations made by Brown in order to continue to pay Ellis and Lucas for days when no commission meetings were held clearly contravenes the wording of the statute." Hale, 60 Ohio St.3d, at 66. The court's determination of liability against Brown was additionally based on his role as a "public officer." Id. In conclusion, the Hale court held: "Brown, a public officer, negligently performed his duties by endorsing the overpayments made from the public treasury and assisted in violating the statute." Id.