Statute Annotations › Ohio › Ohio Rev. Code Ann. § 102.01

Ohio Rev. Code Ann. § 102.01

Definitions: the cases that interpreted this section

Jurisdiction
Ohio
Case notes
5
Cited in passing
5
Citing cases indexed
11
Case dates
1985–2023
Screened through
2025-08-18
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

10 citing cases reviewed of 11 in the citation index: 5 interpreted the section (annotated below), 5 cited it only in passing. Cases filed after 2025-08-18 may not have been reviewed yet.

Have a situation under Ohio Rev. Code Ann. § 102.01?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Definition of public agency

Section 102.01(C)(1) is a list of entities considered public agencies for purposes of Ohio ethics laws and, standing alone, does not determine whether an entity is a political subdivision or an arm of the State for Eleventh Amendment purposes.

Sherman v. Public Employees Retirement System · filed 2023-09-28(C)(1)

The Court views Ohio Revised Code § 102.01(C)(1) as a mere list of entities considered “public agencies” for purposes of Ohio ethics laws and nothing more.
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Section 102.01(C) defines a public agency to include the five state retirement systems.

Police & Fire Retirees of Ohio, Inc. v. Police & Firemen's Disability & Pension Fund · filed 1985-07-17(C)

Furthermore, R.C. 102.01(C) specifically defines a “public agency” as including “the five state retirement systems.”
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Definition of public official or employee

Section 102.01(B) excludes a person elected or appointed as a precinct, ward, or district committee member from the definition of public official or employee.

Reisig v. Camarato · filed 1996-06-03(B)

R.C. 102.01(B) states: ... “ ‘Public official or employee’ means any person who is elected or appointed to an office or is an employee of any public agency. ‘Public official or employee’ does not include a person elected or appointed to the office of precinct, ward, or district committee member under section 3517.03 of the Revised Code ... * * *.” (Emphasis added.) ... Since the charter does not define “public office” or “public employment” for purposes of Section 4 or contain language contrary to the statutory definitions, the trial court correctly recognized that the definitions are provided by the state statutes.
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Section 102.01(B) defines a public official to include an employee of any public agency.

State v. Harris-Smith · filed 2018-08-03(B)

A definition of “public official” is found in R.C. 102.01(B), which provides that the term “means any person who is elected or appointed to an office or is an employee of any public agency.” ... Hackett, a public official to whom Harris-Smith knowingly made false statements about her dogs, performed an official function when she issued the dangerous dog registration certificates to Harris-Smith, as required by R.C. 955.22(I)(1).
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Section 102.01's definition of public official includes a probation officer performing official duties.

In Re Slusser · filed 2000-11-15

For all of the foregoing reasons, we find that the appellant could not avail himself of the “exculpatory no” exception. Thus, we uphold the appellant’s conviction for knowingly making a false statement with the purpose to mislead his probation officer, a public official within the meaning of R.C. 102.01, in performing her official function.
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5 more cases cited this section only in passing

These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.

State v. Davidson, the court quoted § 102.01(B) only to identify the meaning of “public official” while deciding whether R.C. 2921.13(A)(3) was unconstitutionally vague. It did not construe, challenge, or independently decide the scope or application of § 102.01. opinion →
State Ex Rel Smith v. City of Bay Village, Unpublished Decision (3-6-2000), the opinion does not cite R.C. 102.01; its discussion of a public school teacher as a public employee relies on other authorities and the Bay Village Charter. opinion →
State v. Towns, the court cited R.C. 102.01(F) only in a footnote to identify the appropriate ethics commission. Its holding construed R.C. 102.06 and whether ethics-commission proceedings are a prerequisite to criminal prosecution, not the meaning or application of R.C. 102.01(F). opinion →
Hicks v. Clermont Cty. Republican Cent. Commt., the majority opinion does not construe R.C. 102.01. Its relevant discussion reports the holding in the earlier Hicks I appeal, while the quoted statutory analysis appears in a dissent and therefore is not the court's holding in this case. opinion →
Dwyer v. City of Middletown, the statute appears only in a footnote as part of a citation to an Ohio Ethics Commission advisory opinion; the court neither construed § 102.01 nor adopted or applied that opinion’s characterization. opinion →

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